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Forest Park City Zoning Code

CHAPTER 150

ZONING CODE

APPENDIX A: ZONING MAP AND LISTING OF ADOPTION AND AMENDMENTS TO THE ZONING MAP

   The City of Forest Park Zoning Map is a separate volume containing a General Zoning Map at an approximate scale of one inch equals 800 feet and a series of 30 detailed zoning maps (sheets A-1 thru A-29) at an approximate scale of one inch equals 100 feet. The General Zoning Map is included in this appendix. The detailed maps are available at additional cost upon request.
   Appendix A also includes Table A-1 which provides a listing of the original adoption of the Zoning Map and all subsequent amendments to the Map.
TABLE A-1
A LISTING OF THE ADOPTION AND AMENDMENTS TO THE ZONING MAP
C.D. Dept. File Number
Council Ordinance Number
District Changed From
District Changed To
Date of Ordinance Approval
Sheet of Appendix A Where Change Is Shown
C.D. Dept. File Number
Council Ordinance Number
District Changed From
District Changed To
Date of Ordinance Approval
Sheet of Appendix A Where Change Is Shown
----
38-1964
Original
Zoning
11-17-64
All sheets
ZC-6601
41-1966
R-1
HS, PO & PR-3
9-10-66
A-5
ZC-6701
18-1967
R-1
IP
4-06-67
A-25 & A-26
ZC-6702
35-1968
R-1
R-2
9-05-67
A-9
ZC-6801
31-1968
R-2
HS
7-15-68
A-3
ZC-6802
32-1968
R-2
PR-3
7-15-68
A-3
ZC-6803
50-1968
R-1
HS
7-15-68
A-27 & A-28
ZC-6805
52-1968
R-1
HS & IP
10-21-68
A-28
ZC-7001
4-1970
R-1
HS
2-02-70
A-27
ZC-7002
5-1970
R-1
HS
2-02-70
A-28
ZC-7101
3-1971
R-2
PO & O
1-18-71
A-4 & A-5
ZC-7102
39-1971
R-2
PB-1
8-16-71
A-1l
ZC-7301
4-1973
R-2
PUD-14
4-01-73
A-15, A-19 & A-27
ZC-7302
7-1974
R-2
PR-3
1-21-74
A-12
ZC-7502
14-1975
R-1
O
4-07-75
A-25
ZC-7504
58-1975
R-2
PUD-14
9-15-75
A-14, A-18 & A-19
ZC-7505
64-1975
R-1
PUD-14
10-20-75
A-29
ZC-7602
33-1976
PUD-14
R-1
7-06-76
A-29
ZC-7601
53-1976
IP
IP-1
10-18-76
A-25 & A-26
---REFERENDUM----
PUD-14
R-2
11-02-76
A-14, A-18 & A-19
ZC-7701
34-1977
R-1
M
9-19-77
A-17
ZC-7702
47-1977
O
PR-1
12-05-77
A-2 & A-5
ZC-7801
16-1978
PUD & R-2
R-1
7-03-78
A-11, A-14, A-15, A-18, A-19 & A-27
ZC-7802
21-1978
R-1
PB-2 & IP
7-03-78
A-27
ZC-7803
7-1979
R-1
PR-3
2-19-79
A-26
ZC-7901
34-1979
R-1
PR-3
3-20-79
A-26
ZC-7902
49-1979
IP
IP-1
12-17-79
A-25 & A-26
ZC-7903
50-1979
IP
IP-1
12-17-79
A-25
ZC-7904
24-1979
PO & R-2
O
6-18-79
A-4
ZC-8003
9-1981
R-2 & PR-3
PB-2
3-02-81
A-26
ZC-8101
59-1981
R-1 & HS
PB-2
11-16-81
A-27
ZC-8201
14-1982
R-2
PB-2 & IP
5-17-82
A-25 & A-26
CA-8119
18-1982
IP-1
IP
6-07-82
A-25 & A-26
CA-8119
18-1982
PB-1 & PB-2
PB
6-07-82
A-2, A-5, A-11, A-25, A-26 & A-27
CI-8401
BZA Ruling
PR-3
R-2
5-28-84
A-12
ZC-8405
36-1984
R-1
SPA-1
10-15-84
A-14, A-15 & A-19
ZC-8403
43-1984
O
PB
11-05-84
A-5
ZC-8404
51-1984
M
O
1-07-85
A-l
-------
3-1985
R-2
PO
1-07-85
----
ZC-8406
4-1985
IP
PB
1-07-85
A-26
ZC-8408
9-1985
HS & IP
PB
2-18-85
A-28
ZC-8409
11-1985
R-1
PR-3
4-15-85
A-24
-------
15-1985
Amends Ord. 9-1985 & SPA-1
 
4-22-85
----
ZC-8501
29-1985
R-1
SPA-2
8-05-85
A-12
ZC-8502
39-1985
IP
PB
10-07-85
A-29
ZC-8503
45-1985
R-1, HS,
PB
10-21-85
A-27 & A-15
ZC-8603
24-1986
O
M
8-18-86
----
ZC-8602
30-1986
R-1
PB Overlay District
9-2-86
----
 
 
 
 
 
----
ZC-8604
34-1986
SPA-1
SPA-1 with certain modifications
9-15-86
----
ZC-8605
41-1986
R-1
SPA-1
11-3-86
----
-------
43-1986
SPA-1
SPA-1 with certain modifications
12-1-86
----
ZC-8701
10-1987
R-2
PR-3 Overlay District
4-6-87
----
ZC-8702
17-1987
R-1 & R-2
PB Overlay District
6-1-87
----
------
34-1987
R-1
PB Overlay District
9-21-87
----
------
40-1987
R-1
SPA-3-
- 87
----
ZC-8704
4-1988
R-1
M
2-15-88
----
-------
12-1988
SPA-2
SPA-2 with certain modifications
- - 88
----
ZC-8801
19-1988
R-2 & HS
PB Overlay District
6-20-88
----
------
24-1988
 
Extending life of overlay district zoning for Chase Plaza development
- - 88
----
ZC-8803
26-1988
R-1
O
9-6-88
----
ZC-8804
27-1988
O
IP
9-6-88
----
ZC-9202
24-1992
R-1
R-2
11-16-92
----
ZC-9301
15-1993
R-2
PO
7-21-93
----
ZC-9302
29-1993
R-1
PB
9-20-93
----
ZC-9501
15-1995
R-1
PB
6-19-95
----
------
20-1997
R-2
PO
8-18-97
----
ZC-9801
09-1998
O & M
RPUD-14
6-1-98
----
-----
04-2000
O
SPA-3
5-15-00
----
ZC 04-019
05-2005
R-1
R-PUD-7
2-21-05
----
ZC 05-004
08-2005
O
PB
4-18-05
----
ZC 08-016
27-2008
R-2
PB
1-5-09
 
ZC-9301
19-2018
RP
R-2
7-2-18
----
ZC-9302
26-2018
PB
R-1
11-19-18
----
------
29-2020
O
SPA-3
12-7-20
 
------
25-2021
PB
IP
12-20-21
 
------
26-2021
R-1
R-2
12-20-21
 
------
04-2022
R-2
R-PUD-7
3-21-22
 
------
30-2022
SPA-2
O
8-1-22
 
------
32-2022
PB and R-1
IP
8-1-22
 
------
16-2024
R-2
R-PUD-7
5-20-24
 
 
 
 
 
 
 
 

APPENDIX B: USE STATUS FOR SPECIFIC ZONING DISTRICTS

   TABLE OF CONTENTS
Introduction
The Standard Industrial Classification Manual
Use classification
   TABLE B-1 USE STATUS BY INDUSTRY
   Page
Division A. Agricultural, Forestry, and Fishing
Major Group 01   Agricultural production-crops   B-6
Major Group 02   Agricultural production-livestock   B-6
Major Group 07   Agricultural services   B-7
Major Group 08   Forestry   B-8
Major Group 09   Fishing, hunting, and trapping   B-8
Division B. Mining
Major Group 10   Metal mining    B-8
Major Group 11   Anthracite mining   B-9
Major Group 12   Bituminous coal and lignite mining   B-9
Major Group 13   Oil and gas extraction   B-9
Major Group 14   Mining and quarrying of nonmetallic minerals, except fuels   B-9
Division C. Construction
Major Group 15   Building construction-general contractors and operative builders   B-10
Major Group 16   Construction other than building construction-general contractors   B-11
Major Group 17   Construction-special trade contractors   B-11
Division D. Manufacturing
Major Group 20   Food and kindred products   B-12
Major Group 21   Tobacco manufacturers   B-14
Major Group 22   Textile mill products   B-14
Major Group 23   Apparel and other finished products made from fabrics and similar materials   B-15
Major Group 24   Lumber and wood products, except furniture   B-16
Major Group 25   Furniture and fixtures   B-17
Major Group 26   Paper and allied products   B-18
Major Group 27   Printing, publishing, and allied industries   B-19
Major Group 28   Chemicals and allied products   B-19
Major Group 29   Petroleum refining and related industries   B-20
Major Group 30   Rubber and miscellaneous plastic products   B-21
Major Group 31   Leather and leather products   B-21
Major Group 32   Stone, clay, glass and concrete products   B-22
Major Group 33   Primary metal industries   B-23
Major Group 34   Fabricated metal products, except machinery and transportation equipment   B-24
Major Group 35   Machinery, except electrical   B-25
Major Group 36   Electrical and electronic machinery, equipment and supplies   B-27
Major Group 37   Transportation equipment   B-28
Major Group 38   Measuring, analyzing, and controlling instruments, photographic, medical and optical goods, watches and clocks   B-29
Major Group 39   Miscellaneous manufacturing industries   B-30
Division E. Transportation, Communications, Electric, Gas and Sanitary Services
Major Group 40   Railroad transportation   B-31
Major Group 41   Local and suburban transit and interurban highway passenger transportation   B-31
Major Group 42   Motor freight transportation and warehousing   B-31
Major Group 43   U. S. Postal Service   B-32
Major Group 44   Water transportation   B-32
Major Group 45   Transportation by air   B-32
Major Group 46   Pipe lines, except natural gas   B-33
Major Group 47   Transportation services   B-33
Major Group 48   Communication   B-33
Major Group 49   Electric, gas, and sanitary services   B-33
Division F. Wholesale Trade
Major Group 50   Wholesale trade-durable goods   B-34
Major Group 51   Wholesale trade-nondurable goods    B-36
Division G. Retail Trade
Major Group 52   Building materials, hardware, garden supply, and mobile home dealers   B-37
Major Group 53   General merchandise stores   B-37
Major Group 54   Food stores   B-38
Major Group 55   Automotive dealers and gasoline service stations   B-38
Major Group 56   Apparel and accessory stores   B-39
Major Group 57   Furniture, home furnishings, and equipment stores   B-39
Major Group 58   Eating and drinking places   B-40
Major Group 59   Miscellaneous retail   B-40
Division H. Finance, Insurance and Real Estate
Major Group 60   Banking   B-41
Major Group 61   Credit agencies other than banks   B-42
Major Group 62   Security and commodity brokers, dealers, exchanges and services   B-43
Major Group 63   Insurance   B-43
Major Group 64   Insurance agents, brokers, and service   B-43
Major Group 65   Real estate   B-44
Major Group 66   Combinations of real estate, insurance, loans, law offices   B-44
Major Group 67   Holding and other investment offices   B-44
Division I Services
Major Group 70   Hotels, rooming houses, camps and other lodging places   B-45
Major Group 72   Personal services   B-45
Major Group 73   Business services   B-46
Major Group 75   Automotive repair, services, and garages   B-47
Major Group 76   Miscellaneous repair services   B-48
Major Group 78   Motion pictures   B-48
Major Group 79   Amusement and recreation services, except motion pictures   B-49
Major Group 80   Health services   B-49
Major Group 81   Legal services   B-50
Major Group 82   Educational services   B-50
Major Group 83   Social services   B-51
Major Group 84   Museums, art galleries, botanical and zoological gardens   B-51
Major Group 86   Membership organizations   B-51
Major Group 88   Private households   B-52
Major Group 89   Miscellaneous services   B-52
Division J. Public Administration
Major Group 91   Executive, legislative and general government, except finance   B-52
Major Group 92   Justice, public order, and safety   B-52
Major Group 93   Public finance, taxation, and monetary policy   B-52
Major Group 94   Administration of human resources programs   B-53
Major Group 95   Administration of environmental quality and housing programs   B-53
Major Group 96   Administration of economic programs   B-53
Major Group 97   National security and international affairs   B-54
Division K. Nonclassifiable Establishments
Major Group 99   Nonclassifiable establishments   B-54
Endnotes For Table B-1   B-55
   TABLE B-2 USE STATUS BY ACTIVITY
Industry 7699
   INTRODUCTION
THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL
This Appendix B has been adopted in order to more clearly define the status of particular uses identified as being either permitted, accessory or prohibited use or conditional use in order to increase the efficiency of the development building process. This Appendix is a categorical listing of economic functions from the 1972 Edition of the Standard Industrial Classification Manual together with the 1977 supplement to that publication as prepared by the Statistical Policy Division, Office of Management and Budget, Executive Office of the President of the United States, both of which are available from the:
Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20402
(stock No. 041-001-00066-6)
GPO - Columbus Bookstore
Room 207, Federal Bldg.
200 North High Street
Columbus, Ohio 43215
Community Development Department
City of Forest Park
1201 W. Kemper Road
Forest Park, Ohio 45240
The classification of industries following the Manual's format creates a pyramid of use descriptions. The broadest category on this pyramid is termed a DIVISION. There are 11 Divisions (A-K) each of which is made up of a set of MAJOR GROUPS. These Major Groups also have a sub-set of economic functions termed GROUPS, each of which are made up of a set of INDUSTRIES. Although not included in Appendix B, the Industries are further defined in the SIC Manual. The industries are further divided into ACTIVITIES. The structure of the SIC Manual is summarized below.
   STANDARD INDUSTRIAL CLASSIFICATION STRUCTURE
                                                                                          
   Levels and Number of Units   Example
   at Each Level
                                                     
   Division (12)   Division G: Retail Trade
   Major Group (419)   Major Group 54: Food Stores
   Groups (419)   Group 542: Meat and Fish (Seafood)
      Markets, Including Freezer Provisions
   Industries (1,003)   Industry 5422: Freezer and Locker
      Meat Provisioners
   Activities (10,000,-20,000)   Freezer Food Plans, Meat-Retail
Special attention should be given to DIVISION K NON-CLASSIFIABLE ESTABLISHMENTS which are those uses not otherwise classified by the SIC Manual. The establishments of such a use(s) in any zone may be granted by the Planning Commission. Such determinations shall be made according to the Commission's interpretation of the nature of the establishment which shall be compared to other uses of a similar nature in the zone(s) in question. The Commission's interpretation shall apply to all such buildings, structures, or land in the district rather than being limited to the specific case in question.
USE CLASSIFICATION
The text of the Zoning Code should be consulted in all cases, for the status of uses within a particular zoning district. Reference to Appendix B is indicated within each district where applicable. The tables within Appendix B indicate the classification of each 4-digit SIC designation within specific zoning districts as being in one of the four Use Classifications defined below:
   PERMITTED USE is that use which is not restricted from a given district and requires no special provisions but is subject to the required conditions of that district and other general conditions for all districts.
   CONDITIONAL USE are those uses which would ordinarily not be appropriate in a district without special restrictions. These uses may be permitted by the Planning Commission as provided in the Zoning Code. The control of such uses within a zone are necessary in order to promote and preserve the health, safety and general welfare of the public.
   ACCESSORY USES are those uses so indicated in Appendix B. Said uses can be authorized by the Zoning Administrator if the following conditions are fulfilled. If all or a portion of the above conditions are relaxed; said uses may be considered as conditional uses. Accessory uses also include those uses and structures not indicated in Appendix B but which are accessory and incidental to any of the foregoing principal permitted uses or conditional uses located on the same lot (reference definition of ACCESSORY USE in § 150.03 of the Zoning Code).
      1.   Such activities must be in spaces which are an integral part of the main building.
      2.   No exterior display or other advertising media pertaining to the accessory use is permitted to be visible from the exterior of the building.
      3.   No exterior entrance to the accessory use, except those required by law, shall be permitted.
   PROHIBITED USES are all of those uses so indicated in Appendix B.
TABLE B-1 Use Status for Specific Non-Residential Zoning Districts
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   Endnotes for Table B-1
1 PERMITTED USE, but all Storage Yards to be CONDITIONAL USES.
2 PERMITTED USES at freeway interchanges only, otherwise they are CONDITIONAL USES.
3 PERMITTED USE, except that Oil and Gasoline Storage Caverns for Hire and Petroleum Chemical Bulk Stations and Terminals for hire are PROHIBITED USES.
4 CONDITIONAL USE, but excludes automobile wrecking for scrap.
5 ACCESSORY USE, but excludes Egg and Poultry Dealers Retail which is PROHIBITED.
6 PERMITTED USE, but excludes Egg and Poultry Dealers Retail which is PROHIBITED.
7 ACCESSORY USE, but excludes Tire Recapping.
8 PERMITTED USE, but excludes Tire Recapping.
9 CONDITIONAL USE, must also comply with § 150.153.
10 PERMITTED USE, must also comply with § 150.153.
11 ACCESSORY USE, shall be restaurants. Other restaurants (free standing) shall be CONDITIONAL USES. Food courts, fast food restaurants, banquet halls, caterers, carry-out restaurants, drive-in restaurants and industrial and institutional services shall be PROHIBITED. Adult entertainment facilities shall be regulated as described in Endnote 29.
12 PERMITTED USE, shall be restaurants, food courts, fast food restaurants, banquet halls and caterers. Carry-out restaurants shall be a permitted use only as a tenant space within a strip shopping center or mall. Industrial and institutional services shall be a CONDITIONAL USE. Drive-in restaurants shall be PROHIBITED. Adult entertainment facilities shall be regulated as described in Endnote 29.
13 SPECIAL EXCEPTION, but excludes Tire Recapping.
14 See Table B-2, Table of Use Status by Activity of this Appendix B for activities within this industry.
15 These are uses not otherwise classified by Appendix B. The establishment of such a use in any zone may be granted by the Planning Commission. Such determinations shall be made according to the Commission's interpretation of the nature of the establishment which shall be compared to other uses of a similar nature in the district or subdistrict in question. The Commission's interpretation shall apply to all such buildings, structures, or land in the district or subdistrict rather than being limited to the specific case in question.
16 PERMITTED USE, with the limitation that any accessory boarding kennels shall be PROHIBITED USES except for animals in the process of receiving veterinary services.
17 PERMITTED USES, except for boarding kennels which are PROHIBITED USES.
18 PERMITTED USE, but a self-service storage facility, as defined below, is a CONDITIONAL USE except within 50 feet of residentially zoned property where it is PROHIBITED.
   a.   All exterior walls adjacent and running parallel to or within 20° parallel to property zonedresidential, or, if there are no such walls, the exterior wall of greatest dimension visible from adjoining property zoned residential and not having another building of equal or greater dimension between the wall and the residential property shall be constructed so that at least 80% shall be brick, stone, concrete, glass aggregate panels, marble, ceramic tile or other material specifically approved by the Commission. Said walls shall also be restricted from having any openings.
   b.   All such buildings shall be designed with explosion relief panels which must not be on the side of a building determined pursuant to division a.
   c.   All such buildings shall be ventilated in such a manner to reduce the possibilities of combustion of the materials stored in the building.
   d.   All exterior walls visible from residential property shall be of earthtone colors.
SELF-SERVICE STORAGE FACILITY. Any building where 80% or more of the floor area is occupied by individual units or spaces that are designed and/or used only for the purpose of renting or leasing storage space.
19 PERMITTED USE, but stores which have 40% or more of the storage, display and/or sales floor area in use for storage, display and/or sale of salvaged, damaged, or surplus merchandise are PROHIBITED.
20 CONDITIONAL USE, must also comply with § 150.151 of the zoning code.
21 CONDITIONAL USE, but also subject to the following conditions:
   a. Lot Area. That any lot or tract of land in such use shall not be less than two acres in area.
   b. Building Setback. That any building in which patients are housed shall be at least 50 feet distant from any property line.
   c. Heating Plant Location. That any heating plant shall be at least 200 feet distant from any property line.
   d. License. That all such facilities be approved by and hold a current license from the respective state or county department having jurisidiction with such facilities.
   e. communicable Disease. Facilities to house or care for persons suffering from a communicable disease as defined by the State Director of Health shall meet the additional condition that said facility be located no closer than 2000 feet set by the school laws or within 2000 feet of any school land used for recreation purposes in connection with school activities.
28 CONDITIONAL USE, but only if the following conditions are met:
   1.   All buildings and structures shall be compatible with the surrounding buildings and structures in terms of architectural design, scale, color, and building materials.
   2.   All communication services properties shall be landscaped to reflect a parklike setting. A landscape plan must be submitted to staff for review and approval as part of the conditional use application.
   3.   A lighting plan must be submitted to staff for review and approval as part of the conditional use application.
   4.   All utilities serving the use shall be located underground.
   5.   All generators, electrical boxes or similar utility structure shall be screened with a solid wall or fence and noise levels cannot exceed 60 decibels at the property line, except in emergency situations.
   6.   No use, activity or process shall be conducted which produces electromagnetic fields or operates at any frequency that will interfere with any radio, television, telephone, digital or other communication mode beyond its property line.
   7.   No antennas of any kind shall be permitted.
   8.   All telecommunications towers must adhere to the requirements of Section 153 of the Forest Park Zoning Code.
5942   Book stores shall be a permitted use in the "PB", "SPA-1 (A) Districts; a conditional use in the "M", "IP", SPA-1, (C,D,E), Districts; and an accessory use in the "O" "PO", SPA-1 (B & F) Districts, except for adult entertainment facilities which shall be a conditional use as regulated below.
7929   Entertainers and entertainment groups shall be a conditional use in the "PB", "M", "IP and SPA-1 (C,D,E) Districts with adult entertainment facilities regulated as described below.
7832   Motion picture theaters shall be a permitted use in the "PB", "HS", and SPA-1, (A) Districts and a conditional use in the "M", "IP", and SPA-1 (C,D,E) with adult entertainment facilities regulated as described below.
Adult entertainment facility locational regulations
1.   Adult entertainment facilities shall be permitted as conditional uses in the "M" Manufacturing and "IP" Industrial Park Districts only.
2.   No adult entertainment facility shall serve alcoholic beverages, either packaged, by the glass or by any other means, nor shall the adult entertainment facility allow alcoholic beverages purchased at another location to be brought onto the premises.
3.   No adult entertainent facility shall be located within seven hundred and fifty (750) feet of any business that sells alcoholic beverages either packaged, by the glass or by other means.
4.   No adult entertainmnt facility shall be located within seven hundred and fifty (750) feet of any other adult entertainment facility.
5.   No adult entertainment facility shall be located within seven hundred and fifty (750) feet of any residentially zoned property within the City of Forest Park or within any adjoining political jurisdiction.
6.   No adult entertainment facility shall be located within seven hundred and fifty (750) feet of any church, synagogue or other place of religious worship, civic facility, city park, school, day care center or any business catering to children or families.
7.   Measurements shall be in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises of an adult entertainment facility to:
   a.   The nearest boundary of a district restricted to any residential use by the zoning code of the City of Forest Park.
   b.   The nearest portion of the building or structure used as a part of the premise of any other adult entertainment facility.
   c.   The nearest portion of the building or structure used as a part of the premise of any business selling alcoholic beverages, either packaged, by the glass or by other means.
   d.   The nearest property line of the premises of a church, synagogue or other place of religious worship, civic facility, city park, school, day care center or business catering to children or families.
30 CONDITIONAL USE, only if the following conditions are met.
   1.   The minimum lot size for a used car dealership will be 20 acres.
   2.   No outside loudspeakers will be permitted.
   3.   No streamers or pennants will be permitted on the building or anywhere on the lot.
   4.   No developed area of a new or used car dealership shall be located within 100 feet of any residential zoned property.
   5.   Landscaping will be required around the perimeter of the developed area and within all landscape islands. Islands will be required at both ends of all parking isles.
31 CONDITIONAL USE, Except as allowed by R.C. § 2915.01(I) which defines religious organization.
32 PERMITTED USE, only for land that is located north of Interstate 275. For all other locations it is a prohibited use, with the exception that if situated entirely within the structure of a hotel it is an accessory use.
33 CONDITIONAL USE in a single-use, free standing building on its own parcel of land, located north of Interstate 275 and west of Winton Road only, and subject to development plan approval by the Council as provided in § 150.150; otherwise they are PROHIBITED in the remainder of the PB and IP District and in all other districts. “Single-use” includes marijuana operators engaged in cultivation, processing, testing, dispensing, or any combination thereof.
Table B-2: Use Status by Activity (Repair Services)
No.
Activity
Regular District
SPA-1 Subdistrict
SPA-2
SPA-3
SPA-4
O
PO
PB
HS
M
IP
A
B
C
D
E
F
K
A
B
A
C
D
No.
Activity
Regular District
SPA-1 Subdistrict
SPA-2
SPA-3
SPA-4
O
PO
PB
HS
M
IP
A
B
C
D
E
F
K
A
B
A
C
D
7699
Aircraft flight instrument repair, except electrical
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Antique repair and restoration, except furniture and automotive
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Awning repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Beer pump coil cleaning and repair service
-
-
C
-
C
C
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Bicycle repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Binoculars and other optical goods repair
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Blacksmith shops
-
-
C
-
C
C
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Boiler repair shops except manufacturing
-
-
C
-
C
C
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Bowling pins, refinishing or repair
-
-
C
-
C
C
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Caliper, gauge and other precision instrument repair
-
-
C
-
C
C
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Camera repair shops
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Catch basin cleaning
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Cesspool cleaning
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
China firing and decorating to individual order
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Cleaning and reglazing of baking pans
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Cleaning bricks
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Coppersmithing repair, except construction
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Covering textile rolls
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Dental instrument repair
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Drafting instrument repair
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Engine repair, except automotive
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Farm machinery repair
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Fire control (military) equipment repair
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Fountain pen repair shops
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Furnace and chimney cleaning
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Furnace cleaning service
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Gas appliance repair services
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Glazing and cleaning baking pans
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Gun parts made to individual order
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Gunsmith shops
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Harness repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Horseshoeing
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Instrument repair, except electrical or clock
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Instrument repair, mechanical
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Key duplicating shops
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Laboratory instrument repair, except electric
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Lawnmower repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Leather goods repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Lock parts made to individual order
-
-
C
-
P
P
P
-
P
P
P
-
C
-
-
-
P
P
-
7699
Locksmith shops
-
-
P
-
P
P
C
-
P
P
P
-
P
-
-
-
P
P
-
7699
Luggage repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Machinery cleaning
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Mattress renovating and repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Measuring and controlling instrument repair
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Medical equipment repair, except electric
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Meteorological instrument repair
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Microscope repair
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Mirror repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Motorcycle repair service
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Musical instrument repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Nautical and navigational instrument repair, except electric
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Office equipment repair, except typewriters and computers
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Organ tuning and repair
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Oil burner repair service
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Piano tuning and repair
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Picture framing to individual order, not connected with retail art
-
-
P
-
P
P
C
-
P
P
P
-
P
-
-
-
P
P
-
7699
Picture framing, custom
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Pocketbook repair shops
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Precision instrument repair
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Rebabbiting
-
-
C
-
P
P
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Reneedling work
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Repair of optical instruments
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Repair of photographic equipment
-
-
P
-
P
P
C
-
P
P
P
-
P
-
-
-
P
P
-
7699
Repair of service station equipment
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Repair of speedometers
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Replating, on a custom basis
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Rug repair shops, not combined with cleaning
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Saddlery repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Scale repair service
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Scientific instrument repair, except electric
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Septic tank cleaning service
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Sewer cleaning and rodding
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Sewing machine repair shops
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Sharpening and repairing knives, saws, and tools
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Ship boiler and tank cleaning and repair-contractors
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Ship scaling-contractors
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Stove repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Surgical instrument repair
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Surveying instrument repair
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Tank and boiler cleaning service
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Tank truck cleaning service
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Taxidermists
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Tent repair shops
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Thermostat repair
-
-
C
-
P
P
C
-
P
P
P
-
C
-
-
-
P
P
-
7699
Tinsmithing repair, except construction
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Tractor repair
-
-
C
-
C
C
C
-
C
C
C
-
C
-
-
-
C
C
-
7699
Tuning of pianos and organs
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Typewriter repair, including electric
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Umbrella repair shops
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Venetian blind repair shops
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
7699
Window shade repair shops
-
-
P
-
P
P
P
-
P
P
P
-
P
-
-
-
P
P
-
 
P: Permitted Use      C: Conditional Use   -: Prohibited Use
( ; Am. Ord. 21-1986, passed 7-21-86; Am. Ord. 26-1987, passed 7-20-87; Am. Ord. 33-1987, passed 9-21-87; Am. Ord. 47-1987, passed 12-7-87; Am. Ord. 49-1987, passed 1-4-88; Am. Ord. 21-1988, passed 7-5-88; Am. Ord. 35-1988, passed 1-3-89; Am. Ord. 10-1996, passed 7-1-96; Am. Ord. 23-1996, passed 10-21-96; Am. Ord. 15-1998, passed 8-3-98; Am. Ord. 06-2006, passed 4-3-06; Am. Ord. 03-2010, passed 4-19-10; Am. Ord. 03-2015, passed 5-18-15; Am. Ord. 14-2017, passed 8-7-17; Am. Ord. 06-2023, passed 2-20-23; Am. Ord. 18-2024, passed 6-17-24; Am. Ord. 19-2024, passed 6-3-24; Am. Ord. 30-2024, passed 11-4-24)

APPENDIX C: BASIC REQUIREMENTS BY ZONING DISTRICT

Note: To view Table C-1, you must have Adobe Acrobat Reader installed. Click HERE to view this table.
   Table C-1 Endnotes
A    Forty feet but shall not be less than the height of building when across street from one-family district.
B   For each foot of building height over 40 feet, the distance between such building and the side or rear property lines of the project shall be increased by one foot in addition to the setback required for a three-story building.
C    This area shall be measured in accordance with the provisions of Development Plan, measurement as defined by § 150.03 except that land devoted to institutional structures and grounds may be applied to the development.
D   No principal building shall exceed a height equal to the distance between the front face of the building and the center line of the street on which it fronts. Any high rise buildings shall be located within a project in such a way as to dissipate any adverse impact on adjoining low rise buildings either within or outside the project and shall not invade the privacy of the occupants of such low rise buildings.
E   No accessory structure shall exceed two stories or 25 feet in height.
F   The area of any interior parking space contained within an office building or within a multi-story parking structure shall not be included in the calculations of floor area or lot coverage requirements, provided that said building or structure shall comply with all setback requirements.
G   Whenever an O District abuts in the front, in the rear or on the sides of an R District, any building or structure on any premises in the O District shall set back from the side or rear lot line dividing the two districts a distance of two feet for each foot of building or structure height. In the case of a front setback, measurement may be taken from the center line of the street right-of-way.
H   In unusual cases, the Planning Commission may reduce this restriction, provided a development plan is submitted and approved.
I   Except as modified by § 150.153 for service stations.
J   Except when abutting an R-District where it shall be not less than 50 feet.
K   As defined by § 150.03.
L   The height limitations stipulated above shall not apply to the following:
      (1)   Church buildings, architectural features. Barns, silos or other farm buildings or structures on farms; to church spires, belfries, cupolas and domes, monuments, water towers, windmills, chimneys, smokestacks, flag poles, masts and aerials; to parapet walls extending not more than four feet above the limiting height of the building.
      (2)   Places of public assembly. Places of public assembly in churches, schools and other permitted public and semi-public buildings, provided that these are located on the first floor of such buildings and provided that for each three feet by which the height of such buildings exceeds its yards shall be increased in width or depth by an additional foot over the setbacks required for the highest building otherwise permitted in the district.
      (3)   Water tanks, elevator penthouses, and the like. Elevator penthouses, water tanks, provided no linear dimension of any such structure exceeds 50% of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, or other structures, where the manufacturing process requires a greater height.
         (a)   Minimum requirements. All such structures above the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot and shall be distant not less than 50 feet in all parts from every lot line.
M      In any district where dwellings are permitted, a one-family detached dwelling may be erected or improved on any lot of record, recorded prior to October 1, 1976, and having areas or widths less than those currently required by ordinance for the districts in which the lot exists, may be used for any currently permitted use within the district provided that the applicable setback and open space requirements are complied with except for those cases covered by Notes O and P.
N   In the case of curvilinear street and cul-de-sacs, a reduction of the otherwise specified frontage along the front property line is permitted provided such reduction shall not result in the lot width at the building line or the lot area being less than that required in the district where located.
O   One-family detached dwellings may be erected or improved on any lot in the R-2 District recorded prior to October 1, 1976, and having areas or widths less than those currently required for the R-2 District. However, the side and rear setbacks may not be reduced below the following minimums:
      (1)   Side setbacks not adjacent to street, 8% of lot width.
      (2)   Side setback adjacent to street, the greater of 20 feet or 30% of lot width.
      (3)   Rear setback, 30 feet.
P   Double frontage lots. Buildings on lots having frontage on two nonintersecting streets need not have a rear setback if an equivalent open space is provided on the lot in lieu of such required rear setback; applicable front setbacks must be provided, however, on both streets.
Q   The following features may project into any required front setback, side setback adjoining a street or rear setback:
      (1)   Bay windows. Bay windows, balconies, porches (including covered porches but not including porches enclosed or screened by walls and/or windows on more than one side) and chimneys, may project a distance not exceeding five feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.
      (2)   Cornices. Cornices, canopies, eaves, or other architectural features of this type may project a distance not exceeding three feet.
      (3)   Uncovered stairway. An uncovered stair and necessary landings may project a distance not to exceed six feet, provided the stair and landing shall not extend above the entrance floor of the building, except for a railing not exceeding three feet in height.
R   The features named in Note O may project into any required side setback not adjoining a street a distance not to exceed one-fifth of the required least width of the side setback but not exceeding three feet in any case.
S   The side setback width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side setback shall not be less than the otherwise required least width. However, such side setback shall not be narrower at any point than one-half the otherwise required least width, or narrower than four feet whichever is greater.
T   Steep slopes; front setback garages. In any R-District where the natural grade of a lot within the required front setback has an average slope, normal to the front line at every point along the line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of 12% or less to a private garage conforming to the requirements of this chapter, such garage may be located within such front setback, but not in any case closer than 12 feet to the street line.
U   Minimum one side of 15 feet and combined side setbacks 40 feet.
V   2-1/2 stories or 35 feet.
W   l-1/2 stories or 20 feet.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 29-1987, passed 8-17-87; Am. Ord. 32-1991, passed 12-2-1991)

APPENDIX D: MINIMUM OFF-STREET PARKING REQUIREMENTS

TABLE D-1 MINIMUM OFF-STREET PARKING REQUIREMENTS
Use
Minimum Required
Use
Minimum Required
Business Related Uses
Administrative and professional offices
One space for every 200 square feet of floor area.
Automotive service garages
One space for each 400 square feet floor area.
Banks, financial institutions, post office or similar use
One space for each 400 square feet floor area.
Barber and beauty shops
One space for every 200 square feet with a minimum of three spaces.
Car washing facility
One space for each employee.
Funeral homes, mortuaries
Four spaces for each parlor or one for each 50 square feet of floor area, plus one for each fleet vehicle.
Furniture and appliance stores, household equipment
One space for each 400 square feet.
Self service laundry or dry cleaning stores
One space for each two washing or dry cleaning machines.
Hotels and motels
One space for each sleeping room plus one for every two employees.
Motor vehicle salesroom
One space for each 400 square feet of floor area plus one space for each employee.
Sit down restaurants, taverns, night clubs, or similar uses
One space for every 200 square feet of floor area or one space for every three seats, whichever is greater.
Business Related Uses
Retail stores
Less than 10,000 square feet: one space for every 400 square feet with a minimum of five spaces. More than 10,000 square feet: one space for every 200 square feet of retail floor area.
All other businesses in the PB District
One space for every 200 square feet of floor area.
Recreation
Auditorium, theaters, assembly halls other than schools
One space for each four seats.
Bowling alleys
Seven spaces for each lane.
Golf course
Twelve for each hole.
Miniature golf course
Two for each hole and one for each employee.
Outdoor swimming clubs, private or public
One for each ten persons of capacity, plus one for each three persons of capacity for a restaurant.
Private clubs and lodges
One space for every three seats.
Tennis facilities, racquet or similar use
Two spaces for each playing area, one space for each employee and one space for each 100 square feet of other activity area.
Institutional
Churches and schools
One space for each four seats in a gym or auditorium (where individual seats are not provided, each 20 inches of benches or other similar seating shall be considered as one seat) or for each 12 classroom seats, whichever is the greater.
Doctor's office
One space for every 100 square feet plus one space for each examination room.
Hospitals
One space for each bed (bassinets are not considered in this figure).
Institutional
Libraries, museums, art galleries
One space for every 300 square feet.
Medical or dental clinics
One space for each 150 square feet floor area.
Sanitariums, nursing homes, rest homes or similar use
One space for every three beds.
Manufacturing
Manufacturing plants, research or testing laboratories
One space for each two employees in the maximum working shift, or each 1200 square feet of floor area, whichever is greater, plus at least ten customer spaces per plant.
Wholesale establishments or warehouses
One space for each three employees on maximum shift or for each 3000 square feet of floor area whichever is greater.
Residential
Multiple dwellings
Four spaces for each three dwelling units.
One- and two-family dwellings
Four spaces for each family or dwelling unit exclusive of any area as a turnaround.
Uses not listed
In the case of any building, structure or premises; the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar shall apply.
 

APPENDIX E: PARK LAND DEDICATION REQUIREMENTS

   (A)   Purpose. It is found and determined that parks and recreational facilities are equally as vital to the public good as streets and sidewalks, water and sanitary sewer systems, and other required public improvements and physical facilities. Therefore, the public health, safety, and welfare require that at least ten acres of property for each 1,000 persons residing within the planning jurisdiction, as defined in this section, be devoted to and developed for park and recreational purposes, and the same has been adopted by the City Master Plan, and is established as the park land standard for all purposes of this section.
   (B)   Statement of policy. With respect to subdivisions and development to which this chapter applies, all of the area required to meet the ten acres per 1,000 persons park land standard shall be deeded to the city and developed for park and recreational purposes by or at the expense of the subdividers or developers of the subdivision or developments in which the persons reside.
   (C)   Definitions. For the purpose of this Appendix the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)    DEVELOPER. Any person, corporation, association, partnership, or other entity that creates or proposes to create a development all or a portion of which will be located within the planning jurisdiction, as that term is defined in this section.
      (2)    DEVELOPMENT. A subdivision of the kind known as a planned development, planned unit development, or single parcel development.
      (3)    PARKS AND RECREATIONAL CAPITAL IMPROVEMENT FUNDS. The funds established pursuant to this section.
      (4)    PARKS AND RECREATIONAL FACILITIES. All types of open space, parks, athletic fields, playgrounds, and other facilities for recreational uses of any and all kinds.
      (5)    PLANNING JURISDICTION. The geographical area over which the Planning Commission has, or from time to time shall have, jurisdiction for planning purposes.
      (6)    SUBDIVIDER. Any person, partnership, association, corporation, or other entity that creates or proposes to create a subdivision, all or a portion of which will be located within the planning jurisdiction.
      (7)    SUBDIVISION. The division or redivision of any parcel of land shown as a unit or contiguous units on the last preceding tax roll, into two or more lots, tracts, or parcels, any one of which is less than five acres, and as further defined according to the subdivision rules and regulations of the city.
      (8)    SUBDIVISION RULES AND REGULATIONS.  Chapter 151 of this code, as amended by the city providing regulations for land subdivisions within the city.
   (D)   Provision of parks and recreational facilities. Every subdivider or developer who files with the Planning Commission a preliminary plat for land within the planning jurisdiction within R-1, R-2, or R-3 Districts after the effective date of this section and who has not theretofore filed any preliminary map in respect to subdivision or development, shall either dedicate a portion of the land, pay a fee in lieu of land dedication, or dedicate land and pay a fee in lieu of land dedication as set forth in this section and pay a development fee, all as provided in this section, for the purpose of providing park and recreational facilities to serve future residents of each subdivision or development.
   (E)   Choice of land or fee. The City Council, upon receipt of the recommendations from the Planning Commission and the Park and Recreation Commission, shall determine whether a subdivider or developer shall dedicate land, pay a fee in lieu of land dedication, or provide a combination of land dedication and fee payment. In making the above referenced determination, the following procedure shall apply:
      (1)   Filings. At the time of filing a preliminary plat map pursuant to subdivision rules and regulations or a development plan for approval, each subdivider or developer shall, as a part of such filing, indicate whether he plans to dedicate land for park and recreational purposes, to pay a fee in lieu of dedication, or to meet the requirements of this chapter by a combination of land dedication and fee payments. If the subdivider or developer plans to dedicate land, he shall indicate the area he desires to dedicate on the preliminary plat map or development plan.
      (2)   City Council determination. After the Planning Commission and Park and Recreation Commission have reviewed the preliminary plat maps and development plans, they shall recommend to Council whether the plans of the subdivider or developer to dedicate the land, pay a fee in lieu of dedication, or to provide a combination of land dedication and fee payment are acceptable. Insofar as practicable, the recommendations shall be compatible with the city park and recreation plan.
      (3)   Minimum dedication. Notwithstanding any other provisions of this section, no dedication of land shall be required, and a fee in lieu shall be paid in the event the amount of dedication required by this section would be less than one acre, except in the event the land so dedicated could be added to the adjoining, contiguous land area of an existing park or recreational facility. This consideration shall not be construed to prohibit the voluntary dedication of land by subdividers and developers in addition to the requirements imposed by this section.
      (4)   Criteria. In making their recommendations and determination, the Planning Commission, Park and Recreation Commission, and Council shall utilize the following criteria:
         (a)   Unity. Dedicated land must form a single parcel of land, except in the event the City Council determines that two or more parcels would be in the best public interest.
         (b)   Shape and topography. The shape of the dedicated parcel of land must be sufficiently geometric to be usable for recreational activities such as softball, tennis, football, and other active recreational pursuits. In addition, steep slopes, streams, lakes, watercourses, and floodplains may constitute a maximum of 40% of the dedicated land, and a minimum of 60% of the recreational use. In this latter regard, 50% of the dry ground recreational area shall not exceed 3% grade, and the remaining dry ground recreation area shall not exceed 5% grade. This requirement may be waived, in whole or in part, if Council, upon recommendation determines that the recreational needs of any subdivision are adequately met by other dedicated parcels or existing recreational facilities; and that this requirement may be waived, in whole or in part, if Council, upon receipt of the recommendations from the Planning Commission and Park and Recreation Commission, determines that, although certain land areas to be dedicated are not usable for dry ground recreational use, such areas are of unique natural beauty or environmental or historic value.
         (c)   Location. Dedicated land must be generally centrally located in order to serve the recreation and open space needs of the subdivision or development for which the dedication was made. The recreation land in a subdivision or development must be located so that it is reasonably accessible from all dwelling units within the subdivision.
         (d)   Access. Public access and maintenance access to the dedicated land shall be provided as approved by the Commission.
         (e)   Preservation of natural beauty. In all instances, natural features of scenic beauty such as: trees, plant life, brooks and other watercourses, topography, historic locations, views, and similar conditions which, if preserved, will add attractiveness and value to the dedicated land shall be considered and preserved in the dedication of open space and parks and recreation areas.
   (F)   Amount of park land to be provided. In order to meet the purposes and policies of this section pertaining to park land, it was assumed that in R-1, R-2, and R-3 Districts there exists an average of 3.5 persons per lot. Using this assumption, policies established herein, the following formula shall be used to calculate the minimum park land area requirements:
                                 A = L x 1524.62 square feet
      Where:      "A"   =   minimum area (in square feet) of parkland to be dedicated by the developer or subdivider.
            "L"   =   total number of lots* in subject
                  subdivision.
*In subdivisions or developments where other than single-family dwellings are permitted, lots which meet the ordinance requirements for more than single-family dwellings shall be considered as multiple lots depending upon the maximum number of units allowed on the particular lots by this zoning code.
   (G)   Fee in lieu of dedication. In the event that Council, upon receipt of the recommendations from the Planning Commission and the Park and Recreation Commission, determines that a subdivider or developer must pay a fee in lieu of land dedication, the amount of such fee shall be determined by the following formula:
                                 F = A x V
       Where:   "F"   =   Fee in lieu of land dedication
            "A"   =   Land Area (in acres) that would otherwise be required to be dedicated per division (E) above.
            "V"   =   Fair Market Value* per acre of the
                  subject land.
*Fair Market Value shall be determined per division (I) below.
   (H)   Park development fee.
      (1)   Amount of development fee. In addition to the dedication of land, payment of a fee in lieu of dedication, or a combination of dedication and fee payment, each subdivider and developer shall be required to pay a park development fee. The amount of the park development fee shall be equal to one-third of the total fair market value of land required to be dedicated with respect to any subdivision or development in accordance with division (F) above.
      (2)   Determination of fair market value. Fair market value shall be determined in accordance with division (I) below.
      (3)   Credit for voluntary dedication. In the event a subdivider or developer dedicates land in addition to the land required to be dedicated pursuant to division (F) above, subject to the approval of the Council, the subdivider or developer shall receive credit against the amount of the development fee otherwise required by this division equal to the fair market value of the additional land to be dedicated.
      (4)   Sidewalks. Sidewalks along one side cul-de-sac streets may be waived by the Planning Commission if the developer installs sidewalks within the park land provided under the requirements of this section in such a manner as to provide a circulation system which, in the judgment of the Commission adequately serves the park land and the residences in the area.
   (I)   Determination of fair market value. For the purposes of this section, fair market value shall be determined as follows:
      (1)   Time for determination. Fair market value shall be determined as of the time of filing the final plat map or final development plan with the Planning Commission.
      (2)   Method of value determination. Fair market value shall equal the average value per acre of all land in each subdivision or development in its raw, undeveloped state, determined by application of one of the following procedures:
         (a)   By agreement between the subdivider or developer and the City Council, or
         (b)   In the event the subdivider or developer objects to the above method of valuation, by a three-member board of appraisers, one of whom shall be appointed and paid by the City Council, one of whom shall be appointed and paid by the subdivider or developer, and one of whom shall be selected by the two appraisers so appointed. The City Council and developer or subdivider shall equally share the cost of the third member. The decision of a majority of such board shall be final.
   (J)   Credit for private open space.
      (1)   Allowance of credit. In the event a subdivider or developer provides developed private open space for park and recreational purposes, and the space is to be privately owned and maintained by the future residents of the subdivision or development, and in the event the Council determines that the private open space adequately fulfills the park and recreation needs of the proposed subdivision or development, the fair market value of the proposed subdivision or development, the fair market value and actual cost of the improvements of such areas shall be credited against the land dedication and park development fee requirements of this chapter.
      (2)   Maximum credit. Credit shall be allowed up to 100% of the total required land dedication or fee in lieu requirements, and up to 100% of the total required park development fee.
      (3)   Standards and limitations. Notwithstanding division (J)(1) and (2) above, the credit for private open spaces shall be allowed only if the following standards are met:
         (a)   Yards, court areas, setbacks, and other open areas required to be maintained by the zoning code shall not be included in the computation of private open space;
         (b)   Private ownership, development, and maintenance of the open space shall be assured by valid and enforceable undertakings on the part of the subdivider or developer, or otherwise;
         (c)   The use of the private open space is restricted for park and recreation purposes by recorded covenants that run with the land in favor of the future owners of property within the subdivision or development, and which cannot by their terms be defeated or eliminated without the consent of the City Council;
         (d)   The proposed private open space is reasonably adaptable for park and recreational uses, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and
         (e)   Facilities proposed for the private open space are reasonably compatible with those required by the city park and recreation plan.
   (K)   Reduction in minimum lot size and width. If the developer provides five acres or more, Council may, after Planning Commission and Park and Recreation Commission review and recommendation, allow lots within the preliminary plat to be reduced in area by a maximum of 1500 square feet and by a maximum of five feet in width, provided the open space is increased by an area equal to the aggregate lot area reduction within the plat, and that only those lots contiguous with the subject park land or dedication access parcels leading to the park land receive such reduction.
   (L)   Treatment of land to be dedicated. Procedure for the dedication of land and payment of fees:
      (1)   Land to remain unaltered. Following the approval of a preliminary plat map or development plan which designates land for dedication, the existing vegetation, except growing commercial crops other than growing timber, topography, features of historic value, stream courses, soil, rock strata, and other natural features of the dedicated land shall not be altered or their condition adversely affected in any way without the consent of the Council, upon recommendation from the Planning Commission and the Park and Recreation Commission.
      (2)   Deed. Dedication of land to the city shall be by a general warranty deed conveying to the city, its successors and assigns, good and marketable title to the real estate described in the deed, free and clear of all liens and encumbrances. This deed shall be executed and delivered to the city for recording prior to the approval of the final plat map of any section or any portion of the subdivision or development, the boundary of which is contiguous with the proposed park and recreational facility. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final plat map or development plan, and shall be recorded contemporaneously with the final plat map or development plan. In the event fees, including the park development fee, are required, 10% of the amount thereof shall be deposited with the city prior to the approval and recording of the final plat map or development plan, and the balance shall be due and payable one year from such date, or at the time the first occupancy permit is issued with respect to the subdivision or development, whichever may occur first. In no event shall any occupancy permit be granted with respect to the subdivision or development until all fees are deposited with the city.
   (M)   Limitation on use of lands and fees. Any land and fees received by the city pursuant to this section shall be used only for the purpose of providing park and recreational facilities to serve the area in which the subdivision or development concerned is located. Fees paid pursuant to this section shall be deposited in a parks and recreation capital improvement fund to be used for recreational facilities. No part of such fees shall be used for the purpose of paying salaries, wages, other general operating expenditures except when city forces are used to develop the respective park site. Fees received may be expended only in connection with the subdivision or development they are meant to benefit. Parks and recreational facilities so developed shall continue to be maintained so long as the subdivision or development they are meant to benefit remains in use.
(Ord. 10-1986, passed 5-19-86)

APPENDIX F: SUMMARY OF PLANNING COMMISSION PROCEDURES

 
 
Notice of Public Hearing
 
Type of Action
Public Hearing Required
Legal
Sign
Letter
Required Action Date
Nonconforming use/structure
Yes
Note 1
Note 5
Note 6
Note 3
Temporary use/structure
Yes
Note 1
Note 5
Note 6
Note 3
Zoning map interpretation
Yes
Note 1
Note 5
Note 6
Note 3
Zoning text interpretation
Yes
Note 1
Note 5
Note 6
Note 3
Administrative review
Yes
Note 1
Note 5
Note 6
Note 3
Zoning code variance
Yes
Note 1
Note 5
Note 6
Note 3
Revocation of variance
Note 2
Note 1
Note 5
Note 6
Note 3
Conditional use
Yes
Note 1
Note 5
Note 6
Note 4
WMSC code variance
Yes
Note 1
Note 5
Note 6
Note 3
Recommended zoning code amendment
No
NA
NA
NA
Note 8
Recommended develop plan approval
No
NA
NA
NA
Note 8
Recommended master plan amendment
No
NA
NA
NA
Note 8
Recommended zone change
No
NA
NA
NA
Note 8
Minor revision to develop plan
No
NA
NA
NA
Note 7
Recommended substantial revision to develop plan
No
NA
NA
NA
Note 8
Sign code variance
No
NA
NA
NA
Note 9
Sign code interpretations and appeals
No
NA
NA
NA
Note 9
 
Note 1: One publication of a notice in a daily newspaper of general circulation within the city a minimum of ten days prior to the hearing.
Note 2: Optional public hearing (See § 150.17l(G))
Note 3: Within 30 days after the date of the completion of the hearing, the Planning Commission shall either approve or deny the request.
Note 4: Within 50 days after the date of the completion of the hearing, the Commission shall either approve or deny the request.
Note 5: When the issue affects only limited numbers of specific parcels as opposed to affecting the entire city or district or similar area, the Community Development Department may, at least ten days prior to the public hearing, to post a sign on the property line adjoining each public street or along the two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the sign shall be unobstructed from public view from the street or public right-of-way. Such signs shall be provided by the City Manager, and shall refer to the proposal affecting the subject property and the time and place of the public hearing. The sign shall be installed in such a manner as to withstand reasonable weather conditions. The City Manager shall establish a reasonable fee for the cost of the signs which shall be paid by the applicant.
Note 6: When the issue affects only limited numbers of specific parcels as opposed to affecting the entire city or district or similar area, the city shall notify the applicant and the land owners required to be listed on the application by regular mail at least ten days prior to the public hearing.
Note 7: Within 50 days after receipt of application and all necessary plans and data required by this chapter unless City Council on its own motion extends the time limitation for specific periods of time when it considers the extension is warranted.
Note 8: No later than the last regularly scheduled Planning Commission meeting prior to the Council hearing on the matter. However, City Council may (upon its own motion) extend the time limitation for specified periods of time when it considers the extension is warranted.
Note 9: Within 30 days after receipt of complete application.
(Am. Ord. 12-1998, passed 8-3-98; Am. Ord. 06-2023, passed 2-20-23)

APPENDIX Z: ADOPTION AND AMENDMENTS TO ZONING CODE

Code Amendment Number
Council Ordinance Number
Date of Ordinance Approval
Title of Ordinance
Code Amendment Number
Council Ordinance Number
Date of Ordinance Approval
Title of Ordinance
---
04-1961
09-01-61
Adopting the Hamilton County Zoning resolution providing for the administration and enforcement thereof and declaring an emergency.
---
14-1963
05-21-63
Enacting Section 197 to the zoning resolution.
---
38-1964
11-17-64
The City of Forest Park zoning code.
---
24-1965
07-20-65
Amending Ordinance 38-1964 zoning ordinance, by adding new Article, 14A (M-2 Manufacturing District).
---
17-1967
04-04-67
Amending zoning Ordinance 38-1964 (including Ord. 24-1965, Article 14-A).
---
18-1967
04-04-67
Rezoning land from R-1 (Residentia1) to IP (Industrial Park) and changing the zoning map, and declaring an emergency.
---
66-1968
01-20-68
Amending Ordinance 32-1968 (zone change) to correct description only and declaring an emergency.
---
15-1969
04-20-69
Amending Ordinance 38-1964 (zoning ordinance) Section 17.04 fences, walls and hedges.
---
25-1969
05-05-69
Approval of addition to Forest Park Plaza Shopping Center and declaring an emergency.
---
39-1969
08-18-69
Amending Ordinance 38-1964 (zoning ordinance) Section 16.015, number of parking spaces required.
---
22-1971
05-17-71
Amending zoning Ordinance 38-1964, Section 5.05, minimum ground floor area for single-family dwellings and adding definitions.
---
40-1971
09-07-71
Amending Ordinance 35-1971, Section 1, Article 5 (general provisions) Section 5.102, parking or storage.
---
44-1971
09-20-71
Amending zoning Ordinance 38-1964 by adding a new section- planned unit development -Article 9.
---
60-1972
12-04-72
Amending zoning Ordinance 38-1964, Article 6.011 -institutional.
---
61-1972
12-04-72
Amending zoning Ordinance 38-1964, Article 10.012 -services.
---
62-1972
12-04-72
Amending zoning Ordinance 38-1964 by adding new Article 10.013 - services.
---
63-1972
12-04-72
Amending zoning Ordinance 38-1964, Article 11.03 -principal permitted uses.
---
64-1972
12-04-72
Amending zoning Ordinance 38-1964, Article 9 - planned unit development.
---
3-1973
01-15-73
Amending zoning Ordinance 38-1964, Section 9.041 (508.01 codified ordinances) intent and declaring an emergency.
---
21-1973
05-21-73
Amending zoning Ordinance 38-1964, Section 15.01 -conditional uses in M-Manufacturing Zone.
---
22-1973
05-21-73
Amending zoning Ordinance 38-1964, Section 15.03 -prohibited uses in M-Manufacturing Zone.
---
23-1973
05-21-73
Amending zoning Ordinance 38-1964, Section 17.002 -submission of preliminary plans for planned projects.
---
28-1973
06-04-73
Amending zoning Ordinance 38-1964, Section 15.032 -prohibiting uses in M-Manufacturing Zone.
---
47-1974
10-07-74
Amending zoning Ordinance Title 5, codified ordinances of the City of Forest Park, Sections 521.03 and 520.022 public hearings, to require posting of signs and properties being the subject of a request for rezoning, conditional use or special exceptions.
---
61-1974
01-20-75
Amending zoning Ordinance Title 5 codified ordinances of the City of Forest Park, Section 515 IP (Industrial Park District); to add new district Section 515 IP-1.
---
31-1975
06-02-75
Amending zoning Ordinance Title 5 codified ordinances of the City of Forest Park, Sections 521.04 (district changes and regulation amendments) and 520.023 conditional uses and special exceptions.
---
20-1976
05-17-76
Amending zoning Ordinance Title 5 codified ordinances of the City of Forest Park, Ohio.
7603
40-1976
08-30-76
Amending Chapter 5 zoning ordinance of the codified ordinances of the City of Forest Park, Ohio.
---
60-1976
11-01-76
Amending zoning ordinance Title 5 codified ordinances of the City of Forest Park, Ohio - 510 PO (Planned Office) project.
---
61-1976
11-01-76
Amending zoning ordinance Title 5 codified ordinances of the City of Forest Park, Ohio - 514 M (Manufacturing District).
7605
62-1976
11-01-76
Amending zoning Ordinance Title 5 codified ordinances of the City of Forest Park, Ohio - 515 IP and 515 IP-1 (Industrial Park District).
---
30-1977
09-06-77
Amending zoning Ordinance Title 5 codified ordinances of the City of Forest Park, Ohio -Sections 502 and 504.
---
48-1977
03-20-78
Amending zoning Ordinance, Chapter 150 (recreation) (#21) codified ordinances of the City of Forest Park, Ohio - adding section.
7802
18-1978
07-03-78
Amending Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio.
---
19-1978
07-03-78
Amending Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio.
---
29-1978
07-03-78
Various amendments to Chapter 150 of the codified ordinances (zoning code) of the City of Forest Park, Ohio.
7804
38-1978
01-02-79
Amending Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio.
7810
6-1979
02-19-79
Amending fencing regulations in Chapter 96 (miscellaneous regulations) and Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio.
7813
19-1979
05-21-79
Amending Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio.
7904
22-1979
07-16-79
Amending Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio.
8001
10-1980
04-21-80
Amending Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio.
7910
11-1980
04-21-80
Amending Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio.
---
23-1980
08-18-80
Amending parking requirements of Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio and declaring an emergency.
8005
28-1980
09-15-80
Amending Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio and declaring an emergency.
8006
29-1980
09-15-80
Amending Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio and declaring an emergency.
8007
35-1980
12-01-80
Amending section of Chapter 150 (zoning code) of the code of ordinances of the City of Forest Park, Ohio.
8010
4-1981
01-19-81
Amending section of Chapter 150 (zoning code) of the code of ordinances of the City of Forest Park, Ohio.
8101
15-1981
06-01-81
Amending Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio by providing regulations for animals and agricultural uses within Residential Districts.
8103
19-1981
07-06-81
Amending the lot frontage, lot width and fencing requirements contained in Chapter 150 (zoning code) of the Forest Park code of ordinances.
8105
21-1981
07-06-81
Rearranging the order of definitions contained in Chapter 150 (zoning code) of the Forest Park code of ordinances.
8106
22-1981
07-06-81
Amending sections of Chapter 150 (zoning code) of the Forest Park code of ordinances providing for an appeal on a tie vote.
8109
33-1981
08-17-81
Amending various sections dealing with special exceptions and other uses as contained in Chapter 150 (zoning code) of the Forest Park code of ordinances.
8110
34-1981
08-17-81
Amending sections dealing with placement of public hearing notification signs, as contained in Chapter 150 (zoning code) of the Forest Park code of ordinances.
8112
35-1981
08-03-81
Amending the permitted use section for the highway service and special commercial district (H-S) and definitions.
8114
45-1981
10-12-81
Amending fence, wall and hedge location requirements as contained in Chapter 150 (zoning code) of the Forest Park code of ordinances.
8116
51-198l
11-02-81
Amending the parking regulations as contained in Chapter 150 (zoning code) of the Forest Park code of ordinances.
8118
3-1982
02-01-82
Amending various sections of Chapter 150 (zoning code) of the Forest Park code of ordinances dealing with accessory uses and location of same.
8121
4-1982
02-01-82
Amending section of Chapter 150 (zoning code) of the Forest Park code of ordinances dealing with existing lots of record.
---
18-1982
06-07-82
Enacting a revised code of ordinances for the City of Forest Park, Ohio recodifying, renumbering, revising and rearranging sections of the code of ordinances and other existing ordinances of the city, adding new matter, repealing various ordinances, and declaring an emergency.
8201
38-1982
12-20-82
Amending portions of Chapter 150 (zoning code) of the Forest Park code of ordinances dealing with casual sales.
8202
39-1982
12-20-82
Amending portions of Chapter 150 (zoning code) of the Forest Park code of ordinances dealing with canopies over service station gasoline pump island.
8301
9-1983
03-21-83
Amending portions of Chapter 150 (zoning code) of the Forest Park code of ordinances dealing with the definition of "kennel" and the status of certain uses in the "PB", "M" and "IP" districts.
8304
37-1983
07-05-85
Amending the definition of "dwelling" as contained in Chapter 150 (zoning code) of the code of ordinances.
8303
42-1983
09-19-83
Amending the requirements for fences, walls, and hedges as contained in Chapter 150 (zoning code) of the Forest Park code of ordinances.
8305
43-1983
09-06-83
Amending portions of Chapter 150 (zoning code) of the Forest Park code of ordinances dealing with the classification of uses within the "M" and "IP" districts.
8401
6-1984
03-19-84
Amending portions of Chapter 150 (zoning code) of the Forest Park code of ordinances dealing with uses in the "M" and "IP" districts.
8404
11-1984
4-16-84
Amending Chapter 150 (zoning code) of the City of Forest Park Code of Ordinances to allow dish-type satellite signal receiving stations in residential areas.
8405
17-1984
06-18-84
Amending Chapter 150 (zoning code) of the City of Forest Park code of ordinances to allow "residential care facilities" in "HS" zoning districts.
8410
30-1984
09-04-84
Amending Chapters 150 (zoning code), 90 (sign code), 151 (subdivision rules and regulations), and 51 (Stormwater Management Code) of the City of Forest Park code of ordinances to provide for the establishment and regulation of "special planning areas."
8408
38-1984
10-15-84
An ordinance revising the powers of City Council, the Board of Zoning Appeals and Planning Commission as contained in Chapter 150 (zoning code) and Chapter 90 (sign code) of the codified ordinances of the City of Forest Park, Ohio.
8412
40-1984
12-17-84
An ordinance amending Chapter 150 (zoning code) of the City of Forest Park code of ordinances to provide for residential care facilities.
8414
50-1984
01-07-85
An ordinance amending the requirements for parking trucks and other vehicles as contained in Chapter 150 (zoning code) of the codified ordinances of the City of Forest Park, Ohio.
8502
13-1985
04-15-85
An ordinance amending the requirements for front yard setback in the planned multi-family residence district (PR-3) as contained in Chapter 150 (zoning code) of the Forest Park code of ordinances.
8503
18-1985
05-20-85
An ordinance amending the procedural requirements for zone changes and amendments to the text of the zoning code as contained in Chapter 150 (zoning code) of the Forest Park code of ordinances.
8504
20-1985
05-06-85
Amending Chapter 150 (zoning code) of the City of Forest Park code of ordinances as it pertains to use classification.
8509
9-1986
5-5-86
An ordinance amending the various fee and deposit schedules contained in various chapters of the codified ordinances of the City of Forest Park, repealing ordinance 3-1979 and adopting a new Chapter 156 (comprehensive fee schedule) and amending specified rates.
8510
48-1985
02-12-85
An ordinance amending Chapter 150 (zoning code) of the City of Forest Park code of ordinances as it pertains to classification of uses in the SPA-1 district.
8601
13-1986
4-21-86
Amending Chapter 150 (zoning code) of the City of Forest Park codified ordinances as it pertains to the definition of the word "family."
8602
10-1986
5-19-86
Enacting a revised Chapter 150 (zoning code) of the City of Forest Park, Ohio, recodifying, renumbering, revising, and rearranging sections of Chapter 150, and adding new matter.
8603
21-1986
7-21-86
An ordinance amending Chapter 150 (zoning code) of the Forest Park Code of Ordinances as it pertains to classification of uses in the SPA-1 District.
8604
22-1986
7-21-86
An ordinance amending the requirements for the parking of trucks in residential districts as contained in Chapters 150 (zoning code) and 73 (stopping and parking) of the Codified Ordinances of the City of Forest Park, Ohio.
8606
33-1986
9-15-86
An ordinance amending Chapter 150 (zoning code) of the Forest Park Code of Ordinances as it pertains to restrictions in the SPA-1G Subdistrict.
8610
44-1986
12-1-86
An Ordinance amending Chapter 150 (zoning code) of the Forest Park Code of Ordinances by adding a new Subdistrict "K" and requirements for same in Special Planning Area No. 1.
----
-
20-1987
6-1-87An ordinance providing for interim special exception criteria and declaring an emergency.
8703.2
26-1987
7-20-87
Amending portions of Chapter 150 (zoning code) of the Forest Park Code of Ordinances as it relates to the status of self-service storage facilities.
8704.01
29-1987
8-17-87
Amending portions of Chapter 150 (zoning code) of the Forest Park Code of Ordinances as it relates to the maximum lot coverage in the "PB" Planned Business District.
8705
33-1987
9-21-87
Amending Chapter 150 (zoning code) of the Forest Park Code of Ordinances as it pertains to self-storage facilities.
8707.5
45-1987
12-21-87
Amending Chapter 150 (zoning code) of the city of Forest Park Code of Ordinances as it relates to the storage of wood on residential properties.
8708
46-1987
12-81-87
An ordinance amending Chapter 150 (zoning code) of the Forest Park Code of Ordinances as it pertains to criteria for reviewing and approving special exceptions.
8709
47-1987
12-7-87
An ordinance amending Chapter 150 (zoning code) of the City of Forest Park Code of Ordinances as it pertains to the status of "general merchandise stores" in various zoning districts.
8710
49-1987
1-4-88
Amending Chapter 150 (zoning code) of the Forest Park Code of Ordinances as it pertains to the definition and use status of self-service storage facilities.
8711.02
50-1987
1-4-88
Amending Chapter 150 (zoning code) of the City of Forest Park Code of Ordinances as it pertains to the definitions of the word "FAMILY".
 

§ 150.01 SHORT TITLE.

   This chapter shall be known and may be cited and referred to as the Zoning Code.
(Ord. 10-1986, passed 5-19-86)

§ 150.02 SCOPE.

   In their interpretation and application, the provisions of this zoning code shall be held to be minimum requirements. Where this zoning code imposes a greater restriction than is imposed or required by other provisions of local law or by other rules, regulations, or ordinances, the provisions of this zoning code shall control.
(Ord. 10-1986, passed 5-19-86)

§ 150.03 DEFINITIONS.

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY OR AUXILIARY USE OR STRUCTURE. A use or structure subordinate to the principal use of a building on the same lot, and serving a purpose customarily incidental to other use of the principal building.
   ADMINISTRATIVE AGENCY. The administrative agency of the city.
   ADULT ENTERTAINMENT FACILITY. A facility having a significant portion of its function as adult entertainment which includes the following listed categories:
   ADULT BOOK STORE. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specific sexual activities” or “specific anatomical areas” or an establishment with a segment or section devoted to the sale or display of such materials.
   ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
      (1)   Person or persons who appear in a state of nudity; or
      (2)   Live performances which are characterized by the exposure of “specific anatomical areas” or by “specific sexual activities” including topless or bottomless dancers, exotic dancers or strippers; or
      (3)   Films, motion pictures, video cassettes or tapes, slides, or other photographic reproductions which are characterized by the depiction or description of “specific sexual activities” or “specific anatomical areas”.
   ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes or tapes, slides, or similar photographic reproductions are regularly featured as its primary business, which are characterized by the depiction or description of “specific sexual activities” or “specific anatomical areas.”
   ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the depiction or description of “specific sexual activities” or the exposure of “specific anatomical areas”.
   AGRICULTURE. The use of land for agricultural purposes with or without financial or other compensation, including farming, dairying, pasturage; horticulture, floriculture, viticulture, and animal and poultry husbandry. For the purposes of this chapter the term AGRICULTURE shall not include the kenneling of dogs, cats, or other animals customarily used or maintained as pets; or customary gardening.
   AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision services including body, frame, or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
   AUTOMOBILE REPAIR, MINOR. Incidental body or fender work or other minor repairs, painting and upholstering, replacement of parts, and motor service to passenger cars and trucks not exceeding 1-1/2 tons capacity, but not including any operation named under automobile repair, major.
   AUTOMOBILE WASH or AUTOMATIC CAR WASH. A building or structure where chain conveyers, blowers, steam cleaners, and other mechanical devices are employed for the purpose of washing motor vehicles.
   BANQUET ROOM. A facility, usually a large room, available on a rental basis, for dinners, parties, receptions, and the like. A banquet room may have kitchen facilities for the preparation/storage of food or drink.
   BAR OR LOUNGE. A business establishment having as its principal or predominant use the serving of beer, wine or liquor for consumption on the premises. Sandwiches, light meals, snacks and/or full service meals may be available for consumption on the premises but are not the principal or predominant use of the establishment. Any establishment that sells alcoholic beverages for consumption on the premises shall be considered a bar or lounge, unless excepted as provided in § 150.154.
   BASEMENT. A story whose floor line is at least five feet below the average elevation of the finished grade adjacent to the exterior walls of the building. A BASEMENT is not considered a story in terms of height regulations in this chapter.
   BEGINNING OF CONSTRUCTION. The incorporation of labor and materials in the excavation of footers or other structural foundations for a building, structure, or open surface such as a parking lot.
   BOARD. The Board of Zoning Appeals of the City of Forest Park.
   BUILDING. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, or property.
   BUILDING, HEIGHT OF. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the main height level between eaves and the ridge for gable, hip, or gambrel roofs.
   BUILDING LINE. See SETBACK, MINIMUM REQUIRED.
   CASUAL SALES or GARAGE, YARD, LAWN, BASEMENT, PATIO, AUCTION OR OTHER SIMILAR CASUAL SALES. The sale, or offering for sale, of used items of tangible personal property which were obtained through purchase or otherwise for his or his family's use by the person residing at the property where the sale, or offering for sale, of said items occur.
   CATERER. An establishment whose principal business is the preparation of food for delivery off-site and the provision of services for private parties, dinners, banquets, and the like.
   CLINIC. A place for the care, diagnosis, and treatment of sick, ailing, infirm, and injured persons, and those who are in need of medical or surgical attention, but who are not provided with board or room or normally kept overnight on the premises.
   CLUB. A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render service customarily carried on as a commercial enterprise.
   COMMISSION. The City Planning Commission of the City of Forest Park.
   CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare as those standards or criteria are to be considered by the Planning Commission as specified in § 150.171(H).
   CONVALESCENT (REST) HOME. A home designed for the care of patients after they leave the hospital but before they are released from observation and treatment.
   COUNCIL. The City Council of the City of Forest Park.
   COURT. An open, unoccupied, and unobstructed space, other than a yard or setback, on the same lot with a building or group of buildings, which is enclosed on three or more sides.
   DEVELOPMENT PLAN. A plan for the development and use of a specific parcel or tract of real estate, illustrated by a plat showing the boundaries of such parcel or tract, the location, size, height, and use of all structures, all vehicular and pedestrian ways and parking areas, both public and private, and all landscaped areas to be erected and maintained thereon; and further explained by such specifications, conditions, and limitations as may be imprinted on the plat, or contained in the amendment to this chapter incorporating the development plan as an integral part of the zoning regulations applicable to the real estate.
   DEVELOPMENT PLAN, MEASUREMENT. All land use within a development plan project, including interior streets and ways, parking areas, and similar space may be counted as part of the aggregate lot area required in the project. Any project shall be considered as one parcel regardless of the extent to which the parcel is subdivided by interior streets.
   DISTRICT. A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
   DISTRICT, PLANNED. A district classification in the text of this chapter intended for certain land uses or groups thereof, generally identified in the land use plan, the location of which cannot be anticipated on the zoning map in advance of need, but will be considered in response to an individual application and in accordance with the terms and procedures prescribed by this chapter. After such a planned district has been established and its boundaries have been permanently fixed on the zoning map it shall be considered a regular zoning district as defined in this section.
   DUMPSTER, COLLECTION. A waste container, usually two to eight cubic yards in size and generally used in commercial, industrial and multi-family developments, the use of which is primarily for the disposal of garbage, trash, refuse, junk or waste material of any kind, with a permanent storage location and regular, scheduled pickup by a waste collection agent.
   DUMPSTER, TEMPORARY. Any unit designed for the collection of large quantities of trash, yard waste, garbage, building or construction debris, trees or limbs, and designed to be picked up by a truck and which is left on site on a temporary basis. Temporary dumpster does not include garbage cans or containers which can be moved by a person.
   DWELLING. Any building or portion thereof designed or used as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer, modular or mobile home, factory built dwelling (industrialized unit, industrialized dwelling), where the building or portion thereof is of closed construction necessitating disassembly, damage, or destruction of said industrial unit at the building site in order to allow the local inspector(s) to adequately inspect its component parts except said units approved by the Ohio State Board of Building Standards under R.C. Chapter 3781, or a room in a hotel or motel.
   DWELLING, BI-LEVEL. A structure containing two levels with both levels located within 48 inches above or below the average grade level.
   DWELLING, FACTORY BUILT. As used in this chapter, means an assembly of closed construction comprising all or part of a total dwelling assembled in such a manner that the component materials and products cannot be adequately inspected by local inspectors without disassembling, damaging, or destructing said assembly, which when constructed, is self-sufficient or substantially self-sufficient, and when installed constitute a dwelling or part of a dwelling except for preparations for its placement.
   DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
   DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used by three or more families or housekeeping units.
   DWELLING, ONE-STORY. A structure containing one story with the floor elevation located above the average grade line.
   DWELLING, SINGLE-FAMILY. A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
   DWELLING, SPLIT-ENTRY. A structure containing two levels, one located above the other, with the main entry floor located at an elevation between the two main floor levels, and the lower floor located not more than 48 inches below the average grade line.
   DWELLING, TRI-LEVEL. A structure containing three levels with two levels located one above the other, and the lowest level located not more than 48 inches below the average grade line.
   DWELLING, TWO-FAMILY. A building designed for or used exclusively by two families or housekeeping units.
   DWELLING, TWO-STORY. A structure containing two stories, one located above the other, and the lower floor elevation located above the average grade line.
   DWELLING UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
   DWELLING, UPPER CEILING HEIGHT. The greatest dimension from the average grade line to the top of the highest wall plate supporting the roof for gable, hip, flat mansard, and shed roofs including a mansard roof on part of a wall. Other roof types shall be classified by the City Architect.
   ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police, call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
   FAMILY. Family is defined to be either:
      (1)    One or more persons related by blood, adoption, or marriage, plus not more than two unrelated persons living and cooking together in a single housekeeping unit, or
      (2)    Not more than three unrelated persons living and cooking together in a single housekeeping unit.
   FLOOR AREA. The area of the several floors of a building measured from the exterior faces of the exterior walls, or from the center line of walls separating two buildings, and including all stairways, balconies, and corridors. The following areas shall be excluded
      (1)    Attic areas with headroom of less than seven feet.
      (2)    Storage rooms.
      (3)    Elevator hoist machinery.
      (4)    Cooling towers.
      (5)    Areas devoted exclusively to air conditioning, ventilating, and other building machinery and equipment.
      (6)    Parking structures.
   FLOOR AREA RATIO (FAR). The ratio of floor area (FA) to land area (LA) expressed as a percent or decimal. Floor area ratio (FAR) x land area (LA) = maximum permitted floor area.
   FOOD COURT. A specially designated area of a shopping mall, designed for the consumption of food and beverages where numerous fast food restaurants share a common seating area.
   FRONTAGE. Frontage shall be that boundary of a lot which is along an existing or dedicated public street. The frontage of a lot shall be measured along the front property line.
   GARAGE, PRIVATE.  A detached accessory building or a portion of the principal building used only for the storage of self-propelled passenger vehicles or trailers, provided that not more than one-half of the space may be rented for private passenger vehicles of persons not resident on the premises, except that all of the space in a garage of one- or two-car capacity may be so rented; and provided that, except on farms, such garage shall not be used for the storage of more than one commercial vehicle of greater than 1-1/2-ton rated capacity.
   GARAGE, STORAGE. Any building or premises used for housing only, of motor-driven vehicles, but not for transients, and at which automobile fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired, or sold.
   GRADE LINE-AVERAGE. The average level of the established grade line measured around the entire perimeter of a structure.
   GROUP LIVING FACILITY. Any facility housing any group of persons living together as a single housekeeping unit, except those for the criminally insane, those commonly referred to as half-way houses, or those provided for substance abuse programs, which does not meet the definition of FAMILY in this zoning code.
   HOME OCCUPATION. Any occupation which is customarily incident to the principal use of the premises as a residence and is conducted by the resident occupants, but specifically excluding the participation of any other persons.
   HOSPITAL. Any building or portion thereof used for the accommodation of sick, injured, or infirm persons.
   ICE CREAM PARLOR. An establishment whose primary retail business is the preparation and serving of ice cream. A limited menu of additional food items may also be served. Consumption may be either on or off the premises. The establishment may have a drive-up or drive-thru service facility.
   INDUSTRIAL and INSTITUTIONAL SERVICES. An establishment whose principal business is the preparation of food for delivery off-site to be utilized by other businesses or institution (that is, airlines, hospitals, and the like.)
   INDUSTRIALIZED DWELLING or INDUSTRIALIZED UNIT. As used in this chapter, means an assembly of closed construction comprising all or part of a total dwelling assembled in such a manner that the component materials and products cannot be adequately inspected by local inspectors without disassembling, damaging, or destructing said assembly, which when constructed, is self-sufficient or substantially self-sufficient, and when installed constitute a dwelling or part of a dwelling except for preparations for its placement.
   INTERNET SWEEPSTAKES. A business or establishment that promotes the sale of redeemable non-cash items, including but not limited to prepaid internet time cards, phone cards, prepaid credit cards and gift cards, to customers for use at its business location which entitle the item holder to participate in games of chance, including but not limited to sweepstakes, and use the non-cash items at terminals, computers or other devices which may reveal prizes, prize values or other awards.
   KENNEL. Any lot or premises on which a combined total of four or more dogs, cats, or other animals customarily used as pets, four months of age or older; are housed, groomed, bred, boarded, trained, sold, or which offers provision for minor medical treatment for said animals with or without financial or other compensation.
   LAND AREA. The area of the zoning lot, less any area for which vehicular access has been granted to other properties; plus an area equal to not more that one-half of the abutting right-of-way of any public street or alley to which the zoning lot has vehicular access rights. The abutting right-of-way shall not include freeways, nor easements or private streets in which vehicular rights-of way to other properties are granted. On lots abutting intersecting streets, the area shall be determined by the center line extensions of the abutting streets connecting with the lot line extensions of the zoning lot.
   LAND USE PLAN. The long range plan for the desirable use of land in the city as officially adopted, and as amended from time to time, by the Planning Commission and approved by City Council; the purpose of such plan being, among other purposes, to serve as a guide in the zoning and progressive changes in the zoning of land to meet changing community needs, in the appropriate subdividing and development of undeveloped land, and in the acquisition of rights-of-way or sites for such public facilities as streets, parks, schools, and other public buildings.
   LIVING AREA. The sum of the gross floor areas of those finished spaces used for living, sleeping, eating, and cooking or combination thereof which will meet all the building code requirements for habitable spaces together with the necessary adjacent closets, bathrooms, hallways, laundries, utility room, and work areas. All living areas shall have a finished floor area not more than four feet below the average finished grade. Garages, porches, public halls, and general storage rooms are specifically excluded from the definition of living areas. The area for frame building shall be measured from the exterior face of the enclosing walls at the respective floor lines. For brick veneer buildings, no more than four inches of the exterior wall thickness may be included in the area calculation. For two-family and multi-family dwellings, where applicable, measurements will be made to the centerline of party walls.
   LIVING OPEN SPACE. Land area as determined under this section, less the building area and less the area used for parking or maneuvering of vehicles, and usable roof area.
   LIVING SPACE RATIO (LPR). The ratio of living space (LS) to floor area (FA) that has been developed, expressed as a percent or decimal. Living space ratio (LPA) x floor area (FA) = minimum required living space which may be part of required open space (OS).
   LOT. Includes plot or parcel. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having frontage on a public street.
   LOT AREA. The computed area contained within the lot lines.
   LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 35 degrees. The point of intersection of the street lines is the corner.
   LOT LINES. The property lines bounding the lot.
   LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder, or a parcel of land the deed of which was of record as of the effective date of the zoning code.
   LOT WIDTH. The mean width of the lot measured at right angles to its depth.
   MARIJUANA. All parts of a plant of the genus cannabis as defined by "marihuana" in R.C. § 3719.01, that are cultivated, processed, dispensed, tested, possessed, consumed or used as regulated by the State of Ohio Division of Cannabis Control, including both adult and medical usage by the consumer.
   MARIJUANA CULTIVATOR. A business authorized to grow, harvest, package, and transport marijuana pursuant to R.C. Chapter 3780
   MARIJUANA DISPENSARY. A retail business licensed pursuant to R.C. § 3780.15, R.C. Chapter 3780 and any rules promulgated thereunder to sell marijuana and products derived from marijuana.
   MARIJUANA LABORATORY. An independent laboratory that has been issued a license by the State of Ohio Division of Cannabis Control to have custody and use of marijuana for scientific purposes and for purposes of instruction, research, or analysis.
   MARIJUANA OPERATOR. A cultivator of any level, dispensary, laboratory, or processor of marijuana licensed by the State of Ohio pursuant to R.C. Chapter 3780.
   MARIJUANA PROCESSOR. A person licensed pursuant R.C. § 3780.14, R.C. Chapter 3780 and any rules promulgated thereunder to manufacture marijuana and products derived from marijuana.
   MODULAR HOME. A dwelling designed to be transported after its fabrication on its own wheels, or on a flat-bed trailer, or by another mode of transportation moved to its intended point of use where it is assembled on-site from two or more completed modules and upon being assembled and placed upon a foundation is no longer portable.
   MOTEL or MOTOR HOTEL. A series of attached, semi-attached, or detached sleeping or living units, for the accommodation of automobile transient guests, said units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.
   NONCONFORMING STRUCTURE. A structure legally established and existing at the time of the adoption of this chapter, or any amendment thereto, and which does not conform with the regulations of this chapter, other than use, for the district in which it is located. Such regulations shall include but not be limited to height, area, setbacks, floor area, and living area.
   NONCONFORMING USE. A building, structure, or premises legally existing or used at the time of adoption or this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Any such building, structure, or premises conforming in respect to use but not in respect to height, area, setbacks or courts, floor area, or distance requirements from more restricted districts or uses, shall be considered a nonconforming use.
   OPEN SPACE. Land areas defined herein less the building area and usable roof area.
   OPEN SPACE RATIO (OSR). The ratio of open space (OS) to floor area (FA) that has been developed, expressed as a percent or decimal. Open space ratio (OSR) x floor area (FA) = minimum required open space.
   PARKING. The standing of a vehicle, whether occupied or unoccupied. The term shall not apply to the temporary stopping of a vehicle for the purpose of and while actually engaged in loading or unloading passengers or merchandise.
   PARKING AREA, PRIVATE. An area for the same uses as a private garage except as provided in this chapter.
   PARKING AREA, PUBLIC. An open area other than a street or public way, used for the parking of automobiles and available to the public whether for a fee, free, or an accommodation for clients or customers.
   PARKING SPACE. A permanently surfaced area of not less than 160 square feet with a minimum nine-foot width measured perpendicular to the length of the car or space, whether within a structure or in the open, exclusive of driveways or access drives for the parking of motor vehicles.
   PORTABLE STORAGE UNIT. Any enclosed unit made of metal or other durable construction material designed for permanent or temporary storage of personal property which is designed to be transported by vehicle.
   RECREATION SPACE. Open areas for both passive and active recreation facilities subject, however, to the following conditions:
      (1) If the recreation space requirement is less than 10,000 square feet, the recreation space, other than roof areas, shall be located in a contiguous portion of zoning lot.
      (2) If the recreation space requirement is 10,000 square feet or more, each separate recreation area shall contain at least 10,000 square feet and shall be not less than 100 feet in least dimensions at any point except for any space of less than 10,000 square feet constituting the remainder after provision has been made for the 10,000 square foot area or areas. Modification of these area and dimensional requirements shall be allowed if the shape or topography of the site prevents compliance or if the recreation space consists of usable roof area.
   RECREATION SPACE RATIO (RSR). The ratio of recreation space (RS) to floor area (FA) that has been developed, expressed as percent or decimal. Recreation space ratio (RSR) x floor area (FA) = minimum required recreation space which may be part of required living space (LS).
   RENTAL, SHORT-TERM. A dwelling unit, or part thereof, offered or held out to the public for rent for a duration of occupancy of less than 30 consecutive days.
   RESTAURANT. A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to- consume state, in individual servings, or in non-disposable containers, and where the customer consumes these foods while seated at tables or counters located within or adjacent to the building having as its predominant use the on-premises or take-out consumption of prepared food and beverages, the latter which are customarily incidental to food. The establishment may also contain a bar area which is accessory in use to the restaurant. Interior minimum seating capacity for free standing restaurants shall be for 40 people. The minimum seating capacity requirement shall not apply to restaurants located in a tenant space within a retail shopping center or mall.
   RESTAURANT, ACCESSORY. An accessory food preparation and service area located within the premises of a retail, office or industrial establishment and subordinate to the principle use of the building.
   RESTAURANT, CARRY-OUT/DELIVERY. An establishment whose primary retail business offers prepared food for consumption on an off-premises basis.
   RESTAURANT, DRIVE-IN. An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.
   RESTAURANT, FAST FOOD. An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. The establishment generally includes a drive-up or drive-through service facility. Interior minimum seating capacity for free standing fast food restaurants shall be for 40 people. The minimum seating capacity requirement shall not apply to fast food restaurants located in a tenant space within a retail shopping center or mall.
   SETBACK, MINIMUM REQUIRED. An open space (other than a court) on a lot which is unoccupied and unobstructed from the ground upward except as otherwise provided by this chapter. The setback is delineated by the "minimum required front, side, and rear setback lines" as defined in this section. In case of planned districts or dwelling groups the minimum required setback is delineated by the “minimum required exterior and interior setback lines” as defined in this section.
      (1)    SETBACK LINE, MINIMUM REQUIRED EXTERIOR. A line parallel to the boundary of a planned district or dwelling group set a horizontal distance from the boundary equal to that specified in Appendix C of this chapter for a minimum required exterior setback for the district in which it is located.
      (2)    SETBACK LINE, MINIMUM REQUIRED FRONT. A line parallel to the front lot line, extending across the full width of the lot, set a horizontal distance from the front lot line equal to that specified for front setbacks in Appendix C of this chapter for the district in which it is located.
      (3)    SETBACK LINE, MINIMUM REQUIRED INTERIOR. A setback in a planned district or dwelling group which does not abut on a boundary of a planned district or development.
      (4)    SETBACK LINE, MINIMUM REQUIRED REAR. A line parallel to the rear lot line, extending across the full width of the lot, set a horizontal distance from the rear lot line equal to that specified for rear setback in Appendix C of this chapter for the district in which it is located.
      (5)    SETBACK LINE, MINIMUM REQUIRED SIDE. A line parallel to the side lot line, extending from the front setback line to the rear setback line, set a horizontal distance from the side lot line equal to that specified for side setback in Appendix C of this chapter for the district in which it is located.
   SPECIAL EXCEPTION. (See CONDITIONAL USE)
   SPECIFIC ANATOMICAL AREAS.
      (1)   Less than opaquely covered human genitals, pubic region, pubic hair, buttock or anus region, or female breast below a point immediately above the top of the areola; or
      (2)   Human male genitals in a discernibly turgid state even if completely covered.
   SPECIFIC SEXUAL ACTIVITIES.
      (1)   Human genitals in a state of sexual stimulation or arousal.
      (2)   Acts, real or simulated of sexual intercourse, human masturbation, sodomy, cunnilingus, or fellatio.
      (3)   Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.
   STANDARD INDUSTRIAL CLASSIFICATION MANUAL (SIC). The 1972 Edition together with the 1977 supplement prepared by the Statistical Policy Division, Office of Management and Budget, Executive Office of the President of the U.S. and available from the City Department of Community Development for purchase or inspection. Copies are also available for purchase from the regional office of the Department of Commerce, Bureau of Census located in the Federal Building at Fifth and Main Streets in Cincinnati, or from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. As used in this chapter, the SIC shall constitute the detailed descriptions of uses for the various use districts except where such uses are otherwise defined or listed in this chapter.
   STORY. That portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. A basement is not considered a story.
   STORY, HALF. A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
   STREET. A public right-of-way which provides a public means of access to abutting property. The term STREET shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any similar term.
   STREET RIGHT-OF-WAY. The land, property, or interest therein acquired and used for street or related transportation purposes.
   STRUCTURE. Any thing constructed, reconstructed, or erected on the ground or on something located on the ground.
   STRUCTURAL ALTERATION. Any change in the structural members of a building, such as walls, columns, beams, or girders.
   TEEN CLUB. A business in which entertainment, whether live or recorded, vocal or instrumental, is provided, with or without dancing by customers or patrons, for persons between the ages of 13 and 20 years unaccompanied by adults. A TEEN CLUB does not include uses operated by public agencies or private eleemosynary or charitable organizations.
   THOROUGHFARE PLAN. The official thoroughfare plan for the city, as adopted by the Planning Commission and approved by Council establishing the location and official right-of-way width of principal thoroughfares and streets in the city, together with all amendments thereto subsequently adopted.
   TYPE A FAMILY DAY CARE HOME. A permanent residence of the administrator to which child care or publicly funded child care is provided for seven to 12 children at one time or a permanent residence of the administrator in which child care is provided for four to 12 children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted.
   TYPE B FAMILY DAY CARE HOME. A permanent residence of the provider in which child care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted.
   USE. The purpose for which land or a building or structure is arranged, designed, or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
   USED. Includes arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.
   VARIANCE. A relaxation of the terms of the zoning code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the zoning code would result in unnecessary and undue hardship.
   VEHICLE. Every device in, upon, or by which any person or property may be transported or drawn upon a highway, except devices moved by power collected from overhead electric trolley wires or used exclusively upon stationary rails or tracks, and except devices other than bicycles moved by human power. Any further clarifications of types of vehicles are defined in Title VII of this code of ordinances.
   YARD. An open space other than a court, on a lot occupied and unobstructed from the ground upward except as otherwise provided in this chapter.
      (1)   YARD, EXTERIOR. Any yard in a planned district or a dwelling group which abuts on the boundary of the planned district or development.
      (2)    YARD, FRONT. A yard extending across the full width of the lot, the depth of which is the horizontal distance between the front lot line and the building or structure located on the lot.
      (3)    YARD, INTERIOR. Any yard in a planned district or a dwelling group which does not abut on a boundary of the planned district or development.
      (4)    YARD, REAR. A yard extending across the full width of the lot, the depth of which is the horizontal distance between the rear lot line and the building or structure located on the lot.
      (5)    YARD, SIDE. A yard extending from the front yard to the rear yard, the width of which is the horizontal distance between the side lot line and the building or structure located on the lot.
   ZONING MAP. The zoning map of the city dated November 17, 1964, together with all amendments subsequently adopted, as included in Appendix A of the zoning code.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 20-1987, passed 6-1-87; Am. Ord. 46-1987, passed 12-21-87; Am. Ord. 50-1987, passed 1-4-87; Am. Ord. 21-1988, passed 7-5-88; Am. Ord. 04-1989, passed 2-20-89; Am. Ord. 28-1990, passed 10-1-90; Am. Ord. 10-1996, passed 7-1-96; Am. Ord. 19-2007, passed 7-2-07; Am. Ord. 07-2008, passed 2-18-08; Am. Ord. 02-2012, passed 3-19-12; Am. Ord. 03-2014, passed 4-7-14; Am. Ord. 04-2015, passed 5-18-15; Am. Ord. 05-2016, passed 4-4-16; Am. Ord. 14-2017, passed 8-7-17; Am. Ord. 19-2020, passed 7-6-20; Am. Ord. 06-2023, passed 2-20-23; Am. Ord. 30-2024, passed 11-4-24)

§ 150.04 DISTRICTS, ZONING MAP, AND BOUNDARIES.

   (A)   Districts. For the purposes of this zoning code, the city is divided into the following zoning districts as shown on the zoning map of the city. This map is a part of Appendix A which is incorporated into and adopted as part of this chapter of the city code of ordinances.
      R-1      One-family Residence District.
      R-2      One-family Residence District.
      R-3      One-family Residence District.
      PR-3      Planned Multi-family Residence District.
      R-PUD   Residential Planned Unit Development District.
      PO      Planned Office District.
      O      Office District.
      SPA      Special Planning Area.
      PB      Planned Business District.
      HS      Highway Service and Special Commercial District.
      M      Manufacturing District.
      IP      Industrial Park District.
   (B)   Measurement of boundaries. The district boundary lines on the zoning map are intended to follow lot lines, the center lines of streets, the center line of streets projected, or the corporate limit lines, all as they existed at the time of enactment of this zoning code; but where a district boundary line does not clearly coincide with lot lines, or where it is not designated by dimensions referenced to such lines, it shall be determined by using the scale shown on the zoning map.
      (1)   Exact location of boundaries. Questions concerning the exact location of district boundary lines shall be determined by the Planning Commission as provided in this chapter and in accordance with rules and regulations which may be adopted by the Commission.
   (C)   Territory not included. In case any territory subject to the jurisdiction of this chapter has not been specifically included within any of the aforesaid districts, or in the event that territory becomes a part of the area of jurisdiction of this chapter by reason of annexation, consolidation, or detachment from any municipal corporation, or otherwise, such territory shall automatically be classified as an R-1 District, until and unless otherwise rezoned in accordance with the amendment proceedings. However, any zoning classification in effect prior to such annexation or other extensions of jurisdiction shall remain in full force and effect until changed or amended in accordance with the procedures and requirements prescribed for such change or amendment by this chapter.
(Ord. 10-1986, passed 5-19-86)

§ 150.05 RELATIONSHIP BETWEEN THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL AND STATUS OF USES WITHIN DISTRICT.

   The Standard Industrial Classification (SIC) Manual as defined by § 150.03 is adopted by reference and incorporated into this chapter as an integral part of this chapter just as if it were reproduced herein in its entirety.
   (A)   Status of uses within districts. Appendix B of this chapter is adopted as an integral part of this chapter and said appendix describes the SIC Manual and provides an outline of the classification system utilized to identify most uses allowed in the various districts. All classifications listed within the SIC Manual are designated as being either a principal permitted use, conditional use, accessory use, or prohibited use. If a use is determined by the Zoning Administrator to not be classified by the SIC Manual or addressed in some other manner by this chapter, the Planning Commission may interpret the correct placement in the SIC Manual or the Commission may initiate a code amendment to address the use.
   (B)   Deviation from SIC classification system. Certain deviations from the strict application of the SIC classification system are required when applying the SIC Manual to what is essentially a land use classification system. Specifically, for purposes of the zoning code, the function performed at the site in question is the basis of the classification. This is not always the case in the SIC classification system. An example would be the central administrative offices and auxiliary establishments as described in Appendix A of the SIC Manual.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 06-2023, passed 2-20-23)

§ 150.06 BASIC REQUIREMENTS.

   The lot area, frontage and width, setback, height, floor area, floor area ratio, coverage and living area, and other dimensional requirements for the various districts are indicated in Appendix C of this chapter which is adopted as an integral part of this chapter and supplements the other requirements of the chapter.
(Ord. 10-1986, passed 5-19-86)

§ 150.10 APPLICATION OF DISTRICT REGULATIONS.

   Except as hereinafter provided the regulations set by this chapter shall apply to each class or kind of structure or land as follows:
   (A)   Building and land to conform. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located, except as provided in division (J) of this section.
   (B)   Requirements not to be violated. No building, structure, or premises shall hereafter be erected, altered, or used so as to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller setbacks, front setbacks, side setbacks, or other open spaces than herein required; or in any manner contrary to the provisions of this chapter.
   (C)   Conformity of open space. No part of a setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a setback, open space, or off-street parking or loading space similarly required for any other building.
   (D)   Existing setback or lot. No setback or lot existing at the time of passage of this chapter or amendment thereto, shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks or lots created after the effective date of this chapter or amendments thereto shall meet or exceed the minimum requirements established by this chapter.
   (E)   Offensive uses not to be authorized. No use shall be permitted or authorized to be established or maintained which, when conducted in compliance with the conditions of this chapter, and any additional conditions or requirements prescribed by the Planning Commission is or may become hazardous, noxious, or offensive due to emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, heat frequency, refuse matter, or water-carried waste.
   (F)   Stormwater management. No building permit shall be issued nor shall any plans be approved for zoning compliance in any district unless all requirements of Chapter 51 (Stormwater Management Code) have been complied with including the approval of any plans pertaining to said chapter.
   (G)   Unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
   (H)   Building destroyed by calamity. Any building or structure which is damaged, partially destroyed or destroyed by fire, flood, wind, earthquake, or other calamity, may be restored except as set forth in division (J) (2) of this section; provided that such restoration, reconstruction, or repair shall be in accordance with provisions of Chapter 152 (Building Code). If no repair or reconstruction is made, the residual structure shall be removed by the owner thereof, at his expense, in accordance with the provisions of Chapter 152 (Building Code).
   (I)   (Reserved).
   (J)   Nonconforming uses or structures. Except as hereinafter specified, the lawful use of land or structures legally established prior to and existing at the time of the enactment of this chapter or amendments thereto may be continued, although such uses or structures do not conform with the provisions of this chapter for the district in which the land or structures are located.
      (1)   Nonconforming uses of open land or structure.
         (a)   Substitution. When authorized by the Commission, the substitution of a nonconforming use with another nonconforming use may be made.
         (b)   Nonconforming use changed to conform. Whenever a nonconforming use of land or structure has been changed to a conforming use the nonconforming use shall not thereafter be reestablished.
         (c)   Discontinuance. A parcel of land or a structure, nonconforming as to use, which is, or hereafter becomes vacant and remains unoccupied for a continuous period of two years, shall not thereafter be occupied, except by a use which conforms to the regulations of the district in which it is located.
         (d)   Calamity exception. If the discontinuance of a nonconforming use is a result of a major calamity (e.g. fire, flood or other event where there is significant property damage), the City Manager or his designee may extend the time period allowed in division (c), not to exceed six additional months.
      (2)   Structures nonconforming only in dimensional requirements of this chapter.
         (a)   Replacing damaged, nonconforming structures, or associated conforming uses. Any nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, may be reconstructed and used as before such happening provided that it be done within 12 months of such happening and that:
            1. Said structure be constructed in its original height and configuration, or
            2. Said structure replaced with a structure complying with all applicable development requirements; and
            3. Reconstruction of such structure may utilize the original foundation while varying the original height within current maximum limits for the district.
         (b)   Repairs and alterations. Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure provided no structural alterations shall be made except as permitted in division (J) (2) (c) of this section as required by law, or as authorized by the Commission.
         (c)   Expansion. Nonconforming structures may be expanded in size provided that extent of nonconformity is not increased. Only the Commission may authorize the expansion of a nonconforming structure in such a manner as to increase its extent of nonconformity.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 05-2002, passed 4-1-02; Am. Ord. 22-2008, passed 12-1-08) Penalty, see § 150.999

§ 150.12 ACCESSORY STRUCTURES.

   (A)   Accessory structures, general. An accessory structure may be erected detached from the principal building or may be erected as an internal part of the principal building. Except as provided for elsewhere, no accessory structure shall be erected in any required setback or court, except a rear setback, and shall not occupy more than 35% of a required rear setback 200 square feet, except as provided in division (D) of this section. Accessory structures shall be distant at least six feet from any building situated on the same lot unless an integrated part thereof and at least six feet from any other accessory building or from any lot lines adjoining lots which are within an R District. However, when the accessory structure is located in a setback adjacent to a public school or park, the accessory structure may be located not closer than two feet from the public school or park property line.
   (B)   Accessory structure, corner lots. In addition to the requirements of § 150.12(A) above, accessory structures on corner lots shall not be located nearer to the side street lot line than a distance equal to the minimum required side setback adjacent to a street for the district in which it is located.
   (C)   Accessory structure, integral part of principal structure. Except as provided for elsewhere, an accessory structure, if not located in the rear setback, shall be an integral part of, or connected with, the principal structure to which it is accessory, and shall be so placed as to meet all setback and court requirements for a principal structure of the same height and other dimensions as the accessory structure.
   (D)   Accessory structure, conditional use. Any structure or structures exceeding 200 square feet in total, or any assemblage of materials, proposed to be used as an accessory structure, which is constructed, reconstructed or altered and used for a purpose other than that originally designed and/or intended shall be considered a conditional use.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 04-1989, passed 2-20-89; Am. Ord. 03-2014, passed 4-7-14; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.13 COURT REQUIREMENTS.

   When a court is provided for the purpose of furnishing light and air to rooms, the court shall have a minimum width equal to the sum of the heights of the buildings opposite one another, and a minimum length equal to at least 1-1/2 times the width. Requirements in this section shall not apply to courts located within the structure of a one- or two-family dwelling.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.14 ESSENTIAL SERVICES.

   Essential services as defined in § 150.03 shall be permitted as authorized by law.
(Ord. 10-1986, passed 5-19-86)

§ 150.15 OFF-STREET LOADING AND PARKING REGULATIONS.

   (A)   Off-street loading regulations.
      (1)   Loading space, when required. In any district, in connection with every building or part thereof hereafter erected, and having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution by vehicles of material merchandise, there shall be provided and maintained, on the same lot with the building, at least one off-street loading space, plus one additional loading space for each 20,000 square feet, or major fraction thereof, of gross floor area so used in excess of 20,000 square feet.
      (2)   Dimension. Each loading space shall be not less than ten feet in width, 25 feet in length, and 14 feet in height.
      (3)   Locations. Subject to the limitations in division (A)(4) of this section, such space may occupy all or any part of any required side or rear setback; except the side setback along the side street in the case of a corner lot. In no event shall a loading space be located on the front face of a building or within any part of a front setback.
      (4)   Distance, R- District. No such space shall be closer than 50 feet to any other lot located in any R District, unless wholly within a completely enclosed building, or unless enclosed on all sides by a wall or fence of acceptable design not less than six feet in height.
   (B)   Required off-street parking. All uses in all districts (except one- and two-family structures which are subject to the conditions of the divisions below) shall be provided with off-street parking spaces in accordance with the requirements herein at the time any building or structure is erected, enlarged, increased in its capacity, or when there is a change of occupants.
      (1)   New one-family dwellings. All building permit applications for the construction of new one-family dwellings filed after the effective date of this chapter, shall require the number of off-street parking spaces in locations and in compliance with all conditions contained herein.
      (2)   Existing one- and two-family dwellings. At no time shall an existing single-family or two-family structure have the number of enclosed parking spaces, the number of covered parking spaces or the number of total off-street parking spaces reduced.
      (3)   Converting one-family to two-family dwellings. The conversion of an existing single-family residence to a two-family residence shall require compliance with the requirements for a two-family residence at the time of the conversion.
   (C)   Location of parking facilities. Off-street parking facilities shall be located as hereinafter specified except as authorized by the Planning Commission.
      (1)   One- and two-family dwellings. On the same lot with the buildings they are required to serve. In no case, however, shall more than two of the required spaces be located in the required front setback and in all cases a minimum of two spaces shall be provided in a garage. Any lot which is platted after the enactment of this chapter, and which fronts or is proposed to front directly on a primary thoroughfare as delineated on the official thoroughfare plan, shall have a turnaround provided in conjunction with the driveway serving the structure thereon to discourage autos from backing out on the primary thoroughfare.
      (2)   Multiple dwellings. Not more than 200 feet from the building they are required to serve.
      (3)   Commercial and institutional uses. Not more than 300 feet from the building they are required to serve.
      (4)   For other uses. For all uses other than those specified above, not more than 800 feet from the building they are intended to serve.
   (D)   Floor area defined. In the case of office, merchandising, or service types of uses, floor area shall mean the gross floor area used or intended to be used by tenants, or for services to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display or sales merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing, or packaging of merchandise, for show windows, for office incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, hallways, for utilities, or for dressing rooms or fitting or alteration rooms.
   (E)   Number of parking spaces required. The number of off-street parking spaces required is set forth in Appendix D.
   (F)   Off-street storage areas for drive-in services. Establishments which by their nature create lines of customers waiting to be served within automobiles shall provide off-street storage areas in accordance with the following requirements:
      (1)   Photo pickups, restaurants, drive-thru beverage docks, and other similar commercial establishments that can normally serve customers in three minutes or less shall provide no less than five storage spaces per service lane. Drive-in restaurants and other similar uses which require an additional stopping point for ordering shall provide a minimum of three additional storage spaces for each such stopping point.
      (2)   Other commercial establishments such as banks, savings and loan offices, automated teller machines or other facilities with service or money windows shall provide no less than four storage spaces per window.
      (3)   Self-serve automobile washing facilities shall provide no less than three storage spaces per stall. All other automobile washing facilities shall provide a minimum of six storage spaces per entrance.
      (4)   Motor vehicle service stations shall provide no less than two storage spaces for each accessible side of a gasoline pump island. Gasoline pumps shall not be located closer than 15 feet to any street right-of-way line.
   (G)   Seating capacity. Where seating capacity is the standard for determining parking space requirements, the capacity shall mean the number of seating units installed or indicated or each 18 lineal inches of benches, or pews, except where occupancy standards are set by the fire marshal. Fractional numbers shall be increased to the next whole number.
   (H)   General design requirements.
      (1)   Parking areas shall be designed so that, without resorting to extraordinary movements, vehicles may exit such area without backing onto a public street. This requirement does not apply to parking area consisting of driveways that serve one or two dwelling units, although backing onto arterial streets is discouraged.
      (2)   Parking areas of all developments shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.
      (3)   Every parking area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights-of-way. Such area shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction.
      (4)   Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.
   (I)   Required widths of parking areas and driveways. Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking.
            Aisle Width (in feet)
Parking angle      0   30   45   60   90
One-way traffic   13   11   13   18   24
Two-way traffic   19   20   21   23   24
   (J)   Development and maintenance of parking and loading areas. Every parcel of land hereafter used as a public or private parking area shall be developed and maintained in accordance with the following requirements:
      (1)   Minimum size of parking space. Each off-street space shall have an area of not less than 160 square feet exclusive of access drives or aisles, shall be not less than nine feet in width measured perpendicular to the length of the space and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be less than 1,000 square feet in area.
      (2)   Screening and landscaping. Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces premises situated in any residence district, by a fence of acceptable design, wall planting or hedge shall not be less than four or more than six feet in height and shall be maintained in good condition.
      (3)   Minimum distance and setbacks. No part of any parking area for more than five vehicles shall be closer than ten feet to any dwelling, school, hospital, or other institution for human care. Except when specifically authorized elsewhere in this code, the entrance drive to any parking area shall be a minimum of 30 feet from the right-of-way line of an intersecting street. No part of a parking area shall be closer than ten feet to any street line. The fence, wall, or hedge required in division (F)(3) above of this section shall be placed adjacent to the parking area.
      (4)   Surfacing. All off-street parking areas in all districts shall be surfaced in accordance with Chapter 152 (Building Code) and shall be so arranged and marked as to provide for orderly and safe loading and unloading and parking and storage of self-propelled vehicles.
      (5)   Marking. All parking areas shall be marked with paint lines or in some other manner approved by the Zoning Administrator. Marking shall be maintained in a clearly visible condition.
      (6)   Maintenance. Any owner of property used for parking areas shall maintain such areas in good condition without holes and free of all dust, trash or other debris.
      (7)   Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to deflect the light away from adjoining premises.
   (K)   Change in use, additions, and enlargements. Whenever in any building there is a change in use, or an increase in floor area or in the number of employees or other unit of measurement hereinafter specified for the determination of required off-street parking spaces, additional off-street parking facilities shall be provided on the basis of the increased requirements of the new use, or other unit of measurement. However, in case such change in use creates a need for an increase in off-street parking spaces of less than 10% of the parking facilities previously provided, no additional parking facilities shall be required.
   (L)   Collective provision. Nothing in this section shall be construed to prevent the collective provision of off-street parking facilities for two or more buildings or uses, provided the total of less than the sum of the requirements for the various uses computed separately. The requirements set forth in division (C) as to maximum distances between parking areas and establishments served shall apply to each such establishment participating in the collective provisions of parking.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 11-1990, passed 6-4-90) Penalty, see § 150.999

§ 150.16 TRAFFIC VISIBILITY ZONE.

   (A)   Basic regulations. In any district, on any corner lot, no fence, structure, or plant shall be erected, planted, or maintained within the traffic visibility zone; defined horizontally as the area encompassed by the lines extending from the point of intersection of two or more street rights-of-way along the rights-of-way line a distance of 30 feet and a line connecting the terminations of the 30-foot lines. The traffic visibility zone is described vertically as the area with its lower limit at a height of two feet above the grade of the top of the curb and its upper limit at a height of seven feet above the top of the curb.
   (B)   Exception. Certain specifically approved portions of structures or plantings are allowed to penetrate the traffic visibility zone, such as tree trunks (if limbs and foliage are trimmed to comply with the traffic visibility zone) and sign supports.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.17 FENCES, WALLS, AND HEDGES.

   (A)   General conditions. In addition to the following requirements all fences, and walls regardless of their location or intended use, shall be constructed of durable materials, permanently and securely anchored in place.
      (1)   When not located in required setback. Fences, walls, and hedges not located within a required setback shall comply with divisions (A) and (C) of this section but are exempt from other requirements of this section.
   (B)   Location. Except for the items covered under division (B) (1) and (2) below, or otherwise elsewhere required in this chapter, no fence, wall, retaining wall, or hedge shall be located in a required setback adjacent to a street. All portions of fences, walls, retaining walls, and hedges located in required setbacks shall be completely within the boundaries of the property being fenced.
      (1)   Front setback exception. Retaining walls, hedges, and purely ornamental fences and walls are permitted in any zoning district in required front setbacks if all of the following conditions are complied with.
         (a)   Height. The height shall not exceed four feet.
         (b)   Length. The aggregate length located in the required front setback shall not exceed 15 feet in either of the maximum of two directions except for retaining walls.
         (c)   Enclosure. There shall be no enclosure created.
         (d)   Traffic visibility. Section 150.16 dealing with traffic visibility at street intersections shall be complied with on corner lots.
      (2)   Corner lot exception. On corner lots in any district, walls, hedges, and fences are permitted to extend into the required setback from one and only one existing or proposed street right-of-way a distance equal to 50% of the required setback from a street right-of-way in the subject district if the following conditions are complied with.
         (a)   Height. The height of that portion of the fence, wall, or hedge extending into the required setbacks from streets shall not exceed four feet.
         (b)   Traffic visibility. Section 150.16 dealing with traffic visibility at street intersections.
   (C)   Height. Except as further restricted by divisions (B) (1) and (2) of this section, fences, walls, and hedges shall not exceed six feet in height in residential districts and 12 feet in nonresidential districts.
      (1)   Height measurements. The height measurements shall be taken from the grade at the base of the fence, wall, or hedge. For the purpose of this section, the height of a retaining wall or the height of fences or hedges located on or immediately adjacent to a retaining wall shall be measured from the higher side of the wall.
   (D)   Prohibited fences. It shall be unlawful for any person to construct, cause to construct, maintain, or use for any purpose any fence located in any district which is charged with electric current.
      (1)   Residential. Fences in residential zoning districts shall not contain barbed wire or chain link fabric with the barbed or open ends at the top of the fence.
      (2)   Nonresidential. Fences in nonresidential zoning districts may contain barbed wire or chain link with the barbed or open ends at the top of the fence with the following conditions:
         (a)   Barb, height restrictions. Barbs or open ends of a chain link fence shall be a minimum of six feet above the grade of the base of the fence.
         (b)   Adjacent to residential. The fence shall not be within a required setback adjacent to a residential district.
   (E)   Pet enclosures. Fence enclosures used to create a pet containment area are subject to the following conditions.
      (1)   No more than two separate enclosures may be created.
      (2)   The minimum size of a pet containment area is 36 square feet, with no single dimension less than four feet.
      (3)   Pet containment areas are prohibited in the front yard and side yards.
   (F)   Permit required. Fences and walls within the scope of this section shall not be constructed or installed without the issuance of a permit. The permit fee and all other applicable sections of the administrative chapter of the city building code shall apply to this section.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 07-2009, passed 7-6-09) Penalty, see § 150.999

§ 150.18 PARKING OF TRUCKS AND OTHER VEHICLES IN COMMERCIAL DISTRICTS.

   (A)   It shall be unlawful for tractors and semi-trailers to be parked on any public street, whether dedicated or undedicated; or on any private driveway; or on public or private properties in the following zoning districts: Planned Office (PO), Office (O), Special Planning District (SPA-1, SPA-2), Planned Business (PB), Manufacturing (M), and Industrial Park (IP).
   (B)   Upon providing notification by signage at all points of entry into the city, all such vehicles shall be towed at the owner/operator's expense. The Police Department shall record the location of the vehicle in violation, the vehicle license number, make, model and color, the date and time of said vehicle's removal, and the telephone number and address where said vehicle may be recovered.
   (C)   Exceptions. Nothing herein shall prevent the parking of the above described vehicles that are an integral function of the operation of a business in the city and parked on the business property for the stated purpose.
(Ord. 37-1989, passed 11-6-89; Am. Ord. 23-1990, passed 9-17-90) Penalty, see § 150.999

§ 150.19 PARKING OF TRUCKS AND OTHER VEHICLES IN RESIDENTIAL DISTRICTS.

   Except as provided in division (A) of this section, construction vehicles, maintenance vehicles, and farm vehicles, vehicles that are in excess of either 96 inches in width, 108 inches in height, 25 feet in length or 10,000 pounds in weight are restricted from being parked on any residentially zoned street or premises for any length of time.
   (A)   Exceptions. Nothing herein shall prevent the parking of the above described vehicles in a fully enclosed garage, or at (or in the immediate vicinity of) a pickup/delivery of any ongoing development, construction, or maintenance project where such vehicles are an integral function of such operation. Nor shall this section prevent the parking of the above described vehicles which are an integral feature of a permitted nonresidential use in a residential district or those permitted under § 150.20.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 22-1986, passed 7-21-86; Am. Ord. 08-2008, passed 2-18-08) Penalty, see § 150.999

§ 150.20 PARKING, STORAGE, OR USE OF TRAILERS, MOBILE HOMES, MOTORIZED HOMES, AND MAJOR RECREATIONAL EQUIPMENT.

   The parking, storage, or use of trailers, mobile homes, motorized homes, or major recreational equipment as defined below shall be controlled by this section.
   BOAT AND BOAT TRAILER . Includes boats, floats, rafts, or any structures capable of being operated on water and the normal equipment to transport the same on the highway.
   BUSINESS TRAILER or COMMERCIAL TRAILER. A vehicle or structure constructed in such a manner as to permit the conduct of any business, trade, or occupation or use as a selling or advertising device, or used for storage or conveyance for tools, equipment, or machinery, and so designed that it is or may be mounted on wheels.
   FOLDING TENT TRAILER. A folding or retractable structure, of canvas or other material, mounted on wheels and designed for travel and vacation use.
   MOBILE HOME. A portable structure built on a chassis designed to be used as a dwelling for residence, travel, recreational, or vacation use and propelled or drawn by motive power, other than its own.
   MOTORIZED HOME. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
   OTHER MAJOR RECREATIONAL EQUIPMENT. Any other vehicle or portable structure designed as a temporary dwelling or for recreational use, including, but not limited to, watercraft, aircraft, and tents.
   PICK-UP CAMPER. A structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, or vacation use.
   TRAILER. Any vehicle or structure so designed that it is or may be mounted on wheels and used as a conveyance and propelled or drawn by motive power other than its own.
   TRAVEL-TRAILER. A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational, and vacation uses.
   (A)   Use and occupancy. No trailer, mobile home, motorized home, or major recreational equipment, shall be occupied as living quarters, or sleeping accommodations for longer than three days in any 30-day period in any district in the city. No fixed connections for electricity, water, gas, or sanitary sewers shall be permitted. Time extensions may be granted by the City Manager when requested in writing. Upon the approval and regulation of the City Manager, a business or commercial trailer may be permitted on a temporary basis during construction or other special circumstances.
   (B)   Parking or storage. All trailers, mobile homes, motorized homes, or major recreational equipment, when not in a carport or garage shall be stored, parked, or erected to the rear of the front building line but not in the front yard or front of the house. On corner lots parking or storage shall not be permitted on the side setback nearest the public street. Such equipment may be parked in the front driveway of any premises for a period of not to exceed 48 hours, for purposes of loading and unloading. Boats not on trailers, pick-up campers not mounted on licensed or operable trucks, mobile homes, motorized homes and major recreational equipment not resting on wheels are defined as accessory structures in accordance with § 150.12 and are regulated as such accessory structures.
   (C)   License and registration. All trailers, mobile homes, motorized homes, and major recreational equipment shall be operable and kept in good repair and shall be licensed according to the laws of the state.
   (D)   Maximum size. Trailers, mobile homes, motorized homes, and major recreational equipment exceeding eight feet in width or 30 feet in length overall shall not be parked or stored on any lot in a residential district in the city but may be parked or stored in side or rear yards in districts other than residential provided they are screened from view of primary and secondary thoroughfares and from any adjoining residential property.
   (E)   Exceptions.
      (1)   Pick-up campers and motor homes. Pick-up campers when mounted on a licensed and operable truck not exceeding rated capacity of 3/4-ton and operable motorized camper type vehicles, which are licensed as house vehicles, may be parked in the front driveway.
      (2)   Sale, resale, or repair. Temporary permission may be given by the City Manager to any resident for the front yard parking for the purpose of sale, resale, or repair of any of the equipment listed in this section for a period not exceeding 14 days in any 30-day period.
   (F)   Equipment owned prior to enactment of this chapter. To avoid undue hardship, trailers, mobile homes, motorized homes, and major recreational equipment not in conformance with this chapter or subsequent amendments, owned prior to enactment of this chapter or amendment shall be given 30 day notification to comply with provisions of this chapter and may receive up to a 90 day extension if requested in writing to the City Manager within 30 days of receiving notification.
   (G)   Lack of access. In the event there is not access available for operable trailers, mobile homes, motorized homes, and major recreational equipment to be moved to the rear of the front building line and no space for storage or for setting equipment on the lot to the rear of the front building line, then the equipment may be parked on the lot forward of the building line, but as close to the building line as possible. However, such equipment shall not be located in such a way as to eliminate both required parking spaces.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 24-1991, passed 9-16-91; Am. Ord. 13-1998, passed 8-3-98) Penalty, see § 150.999

§ 150.21 DUMPSTERS.

   (A)   Collection Dumpsters shall comply with divisions (B) through (G) of this section but are exempt from other requirements of this section. Temporary Dumpsters shall comply with divisions (H) through (L) of this section but are exempt from other requirements of this section.
   (B)   Site plan. Dumpster locations shall be shown on all development plans and site plans. The addition of any dumpster to an existing development will require review and approval by city staff.
   (C)   Location. All dumpsters shall be located in the rear yard or side yard. Dumpsters shall not be located adjacent to the primary structure on the site and shall not be located within fire lanes. Due to safety considerations the final location of all dumpsters should be approved by the fire chief.
   (D)   Screening. All dumpsters shall be screened with a solid wall on at least three sides. The walls shall be two feet higher than the height of the dumpster. The fourth side shall be secured with a solid gate. The gate may be a maximum of eight inches above ground and shall be the full height of the walls.
   (E)   Design standards. The material used for the walls and gate shall be compatible with the material used in the primary structure on the site. Acceptable wall materials include reinforced concrete masonry units, solid steel fencing and wood. Gates may be of metal or wood construction. All dumpsters shall be set on concrete pads which shall be a minimum six inches thick with a minimum eight inch compacted granular base. The pad shall extend a minimum eight feet in front of the enclosure gate.
   (F)   Landscaping. Whenever a dumpster is located in a side yard the area surrounding the three screening walls of the dumpster shall be landscaped with non-deciduous trees and/or shrubbery.
   (G)   Maintenance. All dumpster, enclosures, gates and pads shall be maintained in good condition free from cracks, rust, peeling paint and free from litter and debris. Dumpsters must be emptied when full.
   (H)   Construction sites. Dumpsters are permitted at new building construction sites, not to exceed 9 months without specific written approval from the City Manager or his designee, and then not to exceed a period reasonably necessary to complete the construction.
   (I)   Existing Buildings. Dumpsters may be located on-site for the duration of remodeling, renovation or expansion work but not to exceed 3 months in any 1 year period without specific written approval from the City Manager or his designee, and then not to exceed a period reasonably necessary to complete the construction. Dumpsters must be located on a paved surface.
   (J)   Removal. Dumpsters must be removed from the premises once they are full, or after construction is complete, or a certificate of occupancy has been issued, whichever is earlier.
   (K)   Number. No more than 1 dumpster at a time is permitted on a residential lot without specific written approval from the City Manager or his designee.
   (L)   Other property. No trash, yard waste, garbage, building or construction debris, trees or limbs may be brought from other property or premises to a dumpster located on a residential premises.
(Ord. 17-1991, passed 6-3-91; Am. Ord. 13-1998, passed 8-3-98; Am. Ord. 19-2007, passed 7-2-07) Penalty, see § 150.999

§ 150.22 PORTABLE STORAGE UNITS.

   (A)   Temporary Use. Portable storage units are only permitted as a temporary use for a period not to exceed 30 days within a 1 year period.
   (B)   Location. Portable storage units must be located on a paved surface and outside the right-of-way.
   (C)   Size. Portable storage units may not exceed 1,200 cubic feet on the interior.
   (D)   Calamity Exception. If the portable storage unit is being used to store personal property as a result of a major calamity (e.g. fire, flood or other event where there is significant property damage), the City Manager or his designee may extend the time period allowed in division (A).
   (E)   Permit Required. A permit is required to place a portable storage unit on any premises for a period longer than 7 days, such permit to have the same fee as a temporary sign permit.
(Ord. 19-2007, passed 7-2-07)

§ 150.30 PURPOSE.

   The purpose of this subchapter is to establish and protect the residential characteristics of the district and to promote and encourage a suitable environment for family life. The R-1 District is intended for suburban family homes and the community services appurtenant thereto.
(Ord. 10-1986, passed 5-19-86)

§ 150.31 SITE PLAN.

   Except for dwelling groups as defined by § 150.03 and regulated by § 150.152 of this chapter, there is no site plan requirement.
(Ord. 10-1986, passed 5-19-86)

§ 150.32 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as hereinafter authorized.
   (A)   Principal permitted uses.
      (1)   Residential. One-family detached dwellings, including dwelling groups in accordance with the provisions set forth in § 150.152.
      (2)   Institutional. Churches and other places of worship including Sunday school buildings and parish houses; provided any lot or tract in such use shall contain at least two acres in area and no building shall be less than 30 feet from any lot line. All such uses shall be located on a primary, secondary, or collector street as designated on the official Thoroughfare Plan. Cemeteries, provided any lot or tract in such use shall contain at least ten acres.
      (3)   Educational. Public and private schools having a curriculum equivalent to that ordinarily given in public elementary and high schools, provided no rooms are regularly used for housekeeping or sleeping rooms, located not less than 50 feet from any lot line; junior and senior high schools shall be located on primary, secondary, or collector streets as designated on the official Thoroughfare Plan.
      (4)   Recreational. Public parks, playgrounds, recreational and community center buildings and grounds; public golf courses, tennis courts, and similar recreational uses, all of a noncommercial nature; provided that any principal building or swimming pool shall be located not less than 100 feet from any lot or property line.
      (5)   Agricultural. General farming, nurseries, and greenhouses, but specifically excluding feeding of garbage or offal to swine or other animals and the retailing of any products not grown on the premises; provided that any tract used for agricultural purposes shall contain not less than five acres in area; and further provided that any greenhouse heating plant shall be located not less than 200 feet from any tract, boundary, or lot line.
      (6)   Type B family day care homes.
   (B)   Conditional uses authorized by the Commission. Only the following uses shall be permitted and only if specifically authorized by the Commission.
      (1)   Recreational. Private noncommercial golf courses, tennis courts, country clubs, and similar recreational uses, including swimming pools; provided that such pools shall be distant at least 100 feet from any lot or property line. This requirement shall not apply to private swimming pools accessory to residential uses.
      (2)   Utility stations. Static transformer stations, booster, and other utility stations, when operating requirements necessitate locating in the district; provided there is no yard or garage for service or storage, and further provided that the premises upon which the utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood, and not objectionable as to noise, odor, vibration, and other disturbances.
      (3)   Group living facilities. Group living facilities as defined in this chapter are authorized as a conditional use provided they are located in structures that would otherwise be classified single-family or two-family dwellings and authorized by the Planning Commission pursuant to the provisions for conditional uses in § 150.151, and provided they meet the criteria set forth in § 150.151(A), and the Planning Commission can make the findings set forth in § 150.151(B).
      (4)   Fences in the front setback on corner lots. Fences located within the front yard setback provided that the property is a corner lot, the fence is between four and six feet in height, and the fence is located in the setback that is not the primary street frontage of the house.
   (C)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith including:
      (1)   Parking facilities. Private garages or parking areas exclusively for the use of the residents and their guests.
      (2)   Servants quarters. Living quarters of persons employed on the premises, not rented or otherwise used as a separate dwelling.
      (3)   Swimming pools. Swimming pools, exclusively for the use of the residents and their guests.
      (4)   Temporary buildings. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.
      (5)   Customary home occupation. Customary home occupations such as handicraft, dressmaking, millinery, laundering, preserving, and home cooking; provided that:
         (a)   Resident occupants. Such occupations shall be conducted solely by resident occupants in their residence;
         (b)   Limited floor area. That not more than one- fourth of the area of one floor of the residence shall be used for such purpose;
         (c)   Residential character. No architectural feature that would distinguish the dwelling from a normal residence is allowed nor shall the use require internal or external alterations or involve construction features or the use of mechanical equipment not customary in dwellings;
         (d)   Entrance. That the entrance to the space devoted to such use shall be from the dwelling;
         (e)   Signs. Advertising signs are not permitted; and
         (f)   Traffic. The activity shall not generate abnormal traffic.
      (6)   Casual sales. Casual sales as defined by § 150.03 provided that:
         (a)   Frequency. The sale occurs not more than once in any consecutive six-month period of time for a maximum duration of three consecutive days;
         (b)   Location. All items being offered for sale are displayed on private property inside of a structure or on a paved surface not closer than five feet to a public right-of-way;
         (c)   Time. The sale occurs only between the hours of 8:00 a.m. and 5:00 p.m. on the days allowed;
         (d)   Signage on-site. Only one sign shall be allowed per street frontage on the property on which the sale takes place. Said sign must be located a minimum of five feet from the street right-of-way and be a maximum of 840 square inches in area per face and be in conformity with the general requirements of Chapter 90 (Sign Code) of the Forest Park Code of Ordinances;
         (e)   Signage off-site. No additional advertisement or directional signs for the sale are posted on any public or private property, including attachment to vehicles parked within the city limits; and
         (f)   New merchandise. Any new merchandise offered for sale shall be prima facie evidence as merchandise purchased for resale at such sale.
      (7)   Prohibited accessory use. Business-oriented uses beyond the scope of “casual sales” and “home occupation” as defined and regulated by this chapter are specifically prohibited as accessory uses.
      (8)   Accessory dish-type satellite signal receiving stations.
         (a)   On-site receivers. Stations shall not be linked to receivers which are not located on the same lot as the station.
         (b)   Location. Stations shall be located in the YARD, REAR as defined in § 150.03 so that, however turned or otherwise used, all parts of the station will be set back at least six feet from a property line. In addition, in the case of corner lots, stations shall not be located nearer to the side street lot line than a distance equal to the minimum required side setback adjacent to a street for the district in which it is located.
         (c)   Height. The height of the station, should the dish antenna be turned perpendicular to the ground, shall not extend above 15 feet; and the maximum diameter of any dish antenna shall not exceed 12 feet.
         (d)   Certificate of zoning compliance required. No installation or erection of a station shall commence before application has been made for a certificate of zoning compliance and the proposed installation has been approved as in compliance with this section.
         (e)   Enclosure. An enclosure shall surround the entire property with proper setbacks or surround the station. The enclosure must be capable of supporting all loads including wind, children, or adults, discouraging the intrusion of children, and sufficient to make the station inaccessible to small children. Such enclosure including gates must not be less than four feet above adjacent grade; all gates must be self-latching and lockable and latches and locks must be placed 48 inches above the grade, or otherwise tending to prevent the intrusion of children. The enclosure must be described in the permit application and approved by the city.
      (9)   Storage of wood. The keeping or storage of wood or wood products, not contained in a building, is permitted only in neat and secure stacks meeting the conditions listed below:
         (a)   Definition. For the purposes of this division, WOOD shall include, but not be limited to fire wood, lumber, and other wood products, whether rough, pre-cut construction grade, or finished.
         (b)   Size of wood. Wood stacks shall consist of only individual pieces (no assemblages) not exceeding 48 inches in its maximum dimension with a stacking height not to exceed five feet as measured from the ground. Wood stacks shall be secured by racks or other appropriate means to prevent falling.
         (c)   Quantity of wood. The maximum quantity of wood allowed to be stored or kept on a single lot is 300 cubic feet.
         (d)   Location. Wood stacks shall not be located in any yard or any required setback or court, except a rear yard or a rear yard setback. Wood shall not be stored in any vehicle in the front yard, side yards, rear yard or public right-of-way except for the purpose of delivery. Any vehicle containing wood, parked, stopped, or standing in the front yard, side yards, rear yard or public right-of-way for more than 48 yours in a 72 consecutive hour period shall be considered a vehicle engaged in the storage of wood and in violation of this section.
         (e)   Delivery and processing. Wood delivered for any purpose, including wood delivered for processing into firewood, is subject to the following conditions:
            (1)   All wood must be removed to a permanent storage area which is in compliance with subsections (b), (c), and (d) within a 72 hour period.
            (2)   Any addition to or modification of wood piles located in the front or side yards for the purpose of processing shall be considered a continuation of the wood pile which existed prior to the addition or modification and must be removed to a permanent storage area along with the existing wood pile within 732 hours of the date of delivery of the original wood pile.
            (3)   No wood shall be delivered, sold or stored for the purpose of sale on residentially zoned property.
            (4)   The number of wood deliveries shall not exceed four per year. Deliveries shall be so spaced that there is a minimum of 30 days between deliveries. Additional deliveries may be authorized by the City Manager, when requested in writing.
         (f)   Exemptions. The following are exempt from this section:
            (1)   A single stack of firewood not exceeding 64 cubic feet (½ cord or 1 rick) per property and located not more than 48 inches from the principal building on the lot.
            (2)   Temporary storage of wood being used on an ongoing construction project on the same property for a maximum of one year, provided the wood is stored on the same property as the approved project and provided the project is evidenced by a valid building permit.
         (g)   Existing wood stacks. Any wood stack existing as of the effective date of this ordinance which does not comply with the provisions of this section must be removed or brought into compliance within 72 hours after a written notice to comply has been served upon the property owner either in person or by certified mail.
      (10)   Pet shelters. Pet shelters, provided that the following conditions are met.
         (a)   Number. No more than two pet shelters are allowed.
         (b)   Location. Pet shelters are only permitted in the rear yard, and may not be attached to the principal structure.
         (c)   Setback. Pet shelters must be placed at least 12 feet from any property line.
         (d)   Size. The maximum size for a pet shelter is 16 square feet.
         (e)   Permit required. Pet shelters larger than four square feet shall not be constructed or installed without the issuance of a permit. The permit fee and all other applicable sections of the administrative chapter of the city building code shall apply to this section.
   (D)   Prohibited uses.
      (1)   Kennels.
      (2)   Type A family day care homes.
      (3)   Short-term rental of a dwelling unit or part thereof.
      (4)   All other uses not allowed herein as a principal permitted use, conditional use, or accessory use.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 45-1987, passed 12-21-87; Am. Ord. 21-1988, passed 7-5-88; Am. Ord. 26-1989, passed 9-5-89; Am. Ord. 10-1997, passed 5-5-97; Am. Ord. 7-2009, passed 7-6-09; Am. Ord. 03-2014, passed 4-7-14; Am. Ord. 04-2015, passed 5-18-15; Am. Ord.19- 2020, passed 7-6-20; Am. Ord. 24-2021, passed 11-15-21; Am. Ord. 06- 2023, passed 2-20-23) Penalty, see § 150.999

§ 150.33 REQUIRED CONDITIONS.

   All uses herein authorized shall be subject to the following conditions in addition to other applicable sections of this and other chapters of the code of ordinances.
   (A)   Park land dedications. Requirements for the provision of park land are set forth in Appendix G of this chapter.
   (B)   Rear dwellings. No building in the rear of a principal building on the same lot shall be used as a dwelling, except as provided in this section.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.34 BASIC REQUIREMENTS.

   The requirements of Appendix C pertaining to the R-1 District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.40 PURPOSE.

   The purpose of this subchapter is to establish and protect the residential characteristics of the district and to promote and encourage a suitable environment for family life. The R-2 District is intended for suburban family homes and the community services appurtenant thereto.
(Ord. 10-1986, passed 5-19-86)

§ 150.41 SITE PLAN.

   Except for dwelling groups as defined by § 150.03 and regulated by § 150.152 of this chapter, there is no site plan requirement.
(Ord. 10-1986, passed 5-19-86)

§ 150.42 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as permitted and regulated in the R-1 District or as modified by this section.
   (A)   Principal permitted uses.
      (1)   Two-family dwelling. Two-family dwellings may be erected on lots in any R-2 District which are located on a primary or secondary thoroughfare as delineated on the official thoroughfare plan, with the following conditions:
         (a)   Provided all height, area, and setback requirements for a two-family dwelling in the R-2 District are met;
         (b)   Provided that the subject two-family is the only primary structure on the lot;
         (c)   Provided the two-family dwelling is similar in scale and building material to that of the surrounding residences; and
         (d)   Provided the two-family dwelling is landscaped with a minimum of two decidious and two non-decidious trees that shall be a minimum of two caliber inches at planting.
      (2)   Public. Public buildings and properties serving a cultural, administrative, recreational, service, or public safety function provided that any such building shall be located not less than 40 feet from any lot or property line.
   (B)   Conditional uses authorized by the Commission - (Reserved for future modifications to the R-1 District requirements).
   (C)   Accessory uses - (Reserved for future modifications to the R-1 District regulations).
   (D)   Prohibited uses - (Reserved for future modifications to the R-1 District regulations).
(Ord. 10-1986, passed 5-19-86; Am. Ord. 10-1990, passed 7-2-90; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.43 REQUIRED CONDITIONS.

   All uses herein authorized shall be subject to the required conditions of the R-1 District as modified by this section in addition to other applicable sections of this and other chapters of the code of ordinances.
   (A)   (Reserved for future modifications to the R-1 District regulations.)
(Ord. 10-1986, passed 5-19-86)

§ 150.44 BASIC REQUIREMENTS.

   The requirements of Appendix C pertaining to the R-2 District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.50 PURPOSE.

   The purpose of this subchapter is to establish and protect the residential characteristics of the district and to promote and encourage a suitable environment for family life. The R-3 District is intended for suburban family homes and the community services appurtenant thereto.
(Ord. 10-1986, passed 5-19-86)

§ 150.51 SITE PLAN.

   Except for dwelling groups as defined by § 150.03 and regulated by § 150.152 of this chapter, there is no site plan requirement.
(Ord. 10-1986, passed 5-19-86)

§ 150.52 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as permitted and regulated in the R-1 District or as modified by this section.
   (A)   Principal permitted uses.
      (1)   Same as R-2.
   (B)   Conditional uses authorized by the Commission - (Reserved for future modifications to R-1 District requirements).
   (C)   Accessory uses - (Reserved for future modification to R-1 District requirements).
   (D)   Prohibited uses - (Reserved for the future modification to R-1 District requirements).
(Ord. 10-1986, passed 5-19-86; Am. Ord. 10-1990, passed 7-2-90; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.53 REQUIRED CONDITIONS.

   All uses herein authorized shall be subject to the required conditions of the R-1 District as modified by this section in addition to other applicable sections of this and other chapters of the code of ordinances.
   (A)   (Reserved for the future modifications to the R-1 District required conditions).
(Ord. 10-1986, passed 5-19-86)

§ 150.54 BASIC REQUIREMENTS.

   The requirements of Appendix C pertaining to the R-3 District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.60 PURPOSE.

   The purpose of this subchapter is to stabilize and protect the residential characteristics of the district and to promote, insofar as compatible with the intensity of land use, a suitable environment for residential living.
(Ord. 10-1986, passed 5-19-86)

§ 150.61 DEVELOPMENT PLAN REQUIRED.

   No building permit shall be issued nor shall any plan be approved for zoning compliance for real estate in this district unless a development plan, as defined in § 150.03 and as governed by the procedures set forth in § 150.150 shall have been incorporated in an amendment or supplement to this chapter as an integral part of the zoning regulations applicable to the subject real estate.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.62 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as permitted and regulated in the R-1 District or as modified by this section.
   (A)   Principal permitted uses.
      (1)   Two-family dwellings.
      (2)   Multi-family dwellings - of any kind including multi-story apartments.
   (B)   Conditional uses authorized by the Commission.
      (1)   Clubs. Clubs, fraternities, sororities, lodges, and meeting places for other organizations, not including any use that is customarily conducted as a gainful business, provided that any such building or structure is located at least 20 feet from any residence building.
   (C)   Accessory uses.
      (1)   Customary incidental uses. Any accessory use or structure customarily incidental or accessory to a permitted principal use or conditional use in the PR-3 District.
      (2)   Restaurants. Restaurants, shops, personal service establishments within apartment buildings when authorized by the Commission; provided all primary entrances shall be from within such building or project, and no exterior advertising shall be permitted.
   (D)   Prohibited uses.
      (1)   Group living facilities.
      (2)   Short-term rentals.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 21-1988, passed 7-5-88; Am. Ord. 19-2020, passed 7-6-20; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.63 REQUIRED CONDITIONS.

   All uses herein authorized shall be subject to the following conditions in addition to other applicable sections of this and other chapters of the code of ordinances.
   (A)   Location and area of tract. The subject tract of land shall contain a minimum of two acres and be located in the general location where a proposed multi-family area is shown on the Land Use Plan.
   (B)   Recreation facilities. There shall be provided, as a part of the proposed development, recreational facilities to serve needs of the anticipated population to be housed therein as follows:
      (1)   Recreation area. In any lot or tract on which a residential development is to be erected as least 5% of the acreage of such lot shall be set aside as recreational areas.
         (a)   Exceptions. These requirements for the provision of recreation areas may be modified or waived by the Planning Commission where, in its opinion, adequate public recreation areas are available nearby.
   (C)   Ingress, egress, traffic control. Ingress and egress to and from public streets shall be limited to one or more clearly defined driveways or curb cuts, located at least 100 feet apart on center. The Planning Commission shall determine the location of curbing and other improvements of said driveways, and shall also establish minimum distance of such driveways from street intersections, and may require other controls as may be necessary to provide for safe efficient traffic circulation within and about the tract or site.
   (D)   Interior streets. The minimum roadway width of interior one-way streets with parking permitted on one side shall be 21 feet. The minimum roadway width of two-way streets with parking permitted on one side shall be 28 feet. The minimum width of two-way streets without parking permitted shall be 22 feet. Such streets shall be paved according to city specifications for residential streets and maintained in good condition and lighted at night.
   (E)   Bedroom requirements. In no case shall the total number of bedrooms in a project exceed an average or two bedrooms per dwelling unit.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.64 BASIC REQUIREMENTS.

   The requirements of Appendix C pertaining to the PR-3 District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.70 PURPOSE.

   The purpose of the R-PUD 7 and R-PUD 14 Zoning Districts is to provide alternate regulations for the land use control of single-family and multi-family residential development where such housing is to be developed in accordance with a united site development plan where the density levels are not to exceed specified maxima.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 27-1989, passed 9-5-89)

§ 150.71 SITE DEVELOPMENT PLAN REQUIRED.

   Once a particular tract of land has been zoned R-PUD 7 and R-PUD 14, no building permit shall be issued nor shall plans be approved for zoning compliance for the development of land within these zoning districts unless a site development plan as defined in division (A) below and as governed by procedures set forth in division (B) below. Any request for a change of zoning to a PUD Planned Unit Development District shall be in compliance with the provisions of § 150.150.
   (A)   Required contents of site development plan. The applicant shall submit the following materials to the Planning Commission for their study, review, and approval.
      (1)   Application. A completed application form supplied by the Zoning Administrator.
      (2)   Location map. Location map showing the location of the planned site development tract in relationship to adjacent lands and existing urban development.
      (3)   Topographic map. Topographic map showing contour intervals of two feet.
      (4)   Site development plan. A site development plan prepared for the applicant by a professionally competent urban planner, engineer, architect, or landscape architect, and showing:
         (a)   Tract boundaries and lot lines.
         (b)    Basic vehicular circulation system.
         (c)   Location and type of buildings.
         (d)    Preliminary building plans, including floor plans and exterior elevations.
         (e)   Location of public schools, if any.
         (f)    Location of public and private park land and open space.
         (g)   Location of off-street parking.
         (h)   Landscape plan.
   (B)   Conditions of approval for site development plan. Subsequent to the time of adopting any ordinance establishing an R-PUD 7 and R-PUD 14 Zoning District, the Planning Commission is authorized to consider specific site development plan for sections or the whole or the planned unit development land holding.
   Upon receipt of all required items for an application, the Planning Commission shall study and review all these materials and shall, within a time period of 60 days, approve, disapprove, or modify the application on the basis that the land use requirements have been met, and a finding that the following specific conditions have been fully met:
      (1)   Open space. That the minimum common open space area has been reserved and is to be dedicated to the city or transferred to a homeowner's association; and that all necessary legal documentation relating to the dedication of common open space to the city or transferred to a homeowner's association be submitted;
      (2)   Landscaping. That any part of a planned unit development not used for structures, parking and loading areas, or streets should be landscaped or otherwise improved; and
      (3)   Consistent with purpose. That the site development plan is consistent with the intent and purpose of these regulations to promote public health, safety, morals, and general welfare of city residents.
      (4)   Special conditions. In addition, the Planning Commission may explicitly impose special conditions relating to the planned unit development with regard to type and extent of public improvements to be installed, landscaping, development, improvement, and maintenance of common open space, and any other pertinent development characteristics.
      (5)   Setback requirements. Minimum distance between building and setback requirements on each development plan shall be established by Planning Commission.
   (C)   Time limits and extensions. These shall be as indicated in § 150.150(F)(3) of this chapter.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 27-1989, passed 9-5-89) Penalty, see § 150.999

§ 150.72 STATUS OF USES.

   (A)   Principal permitted uses. In the R-PUD 7 Zoning District are included all principal permitted uses from the R-2 One-Family Residence District. In the R-PUD 14 Zoning Districts are included all principal permitted uses from the PR-3 Planned Multi-family Residence District or R-3 One-family Residence District.
   The following uses are permitted in both Planned Unit Development Zoning Districts:
      (1)    Single-family residences and multi-family residences.
      (2)    Neighborhood and community park lands and open space.
      (3)   Public and private schools and day care centers.
      (4)   Churches and religious institutions.
   (B)   Conditional uses authorized by the Commission - (Reserved for future conditional uses).
   (C)   Accessory use. When authorized by the Planning Commission, the following accessory uses are permitted within any R-PUD 7 or R- PUD 14 Zoning District.
      (1)   Restaurants.
      (2)   Convenience commercial shops.
      (3)   Personal service establishments.
         (a)   Accessory uses, conditional. These accessory uses shall be permitted provided:
            1. That the service area shall be limited exclusively to the adjacent residential development;
            2. That the aggregate square footage of all convenience commercial shops, personal service establishments, and restaurants shall not exceed 10,000 square feet.
            3. That a maximum of one exterior business sign per establishment shall be permitted in the R-PUD 7 and R-PUD 14 Zoning Districts, each sign not to exceed four square feet in surface area.
      (4)   Casual sales. Casual sales as defined by § 150.03 provided that:
         (a)   Frequency. The sale occurs not more than once in any consecutive six-month period of time for a maximum duration of three consecutive days;
         (b)   Location. All items being offered for sale are displayed on private property inside of a structure or on a paved surface not closer than five feet to a public right-of-way;
         (c)   Time. The sale occurs only between the hours of 8:00 a.m. and 5:00 p.m. on the days allowed;
         (d)   Signage, on-site. Only one sign shall be allowed per street frontage on the property on which the sale takes place. Said sign must be located a minimum of five feet from the street right-of-way and be a maximum of 840 square inches in area per face and be in conformity with the general requirements of Chapter 90 (Sign Code) of the Forest Park Code of Ordinances;
         (e)   Signage, off-site. No additional advertisement or directional signs for the sale are posted on any public or private property, including attachment to vehicles parked within the city limits; and
         (f)   New merchandise. Any new merchandise offered for sale shall be prima facie evidence as merchandise purchased for resale at such sale.
      (5)   Prohibited accessory use. Business-oriented uses beyond the scope of “casual sales” and “home occupation” as defined and regulated by this chapter are specifically prohibited as accessory uses.
   (D)   Prohibited uses. Those uses not allowed herein as a principal permitted use, conditional use, or accessory use.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 27-1989, passed 9-5-89; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.73 REQUIRED CONDITIONS.

   All uses herein authorized shall be subject to the following conditions in addition to other applicable sections of this and other chapters of the code of ordinances.
   (A)   In the R-PUD 7 District. The Planning Commission may require that up to 50% of the total number of dwelling units be single-family detached.
   (B)    Density and density incentive provisions. Except as provided by division (A) above, R-PUD 7 will have a maximum density of seven units per acre and R-PUD 14 will have a maximum density of 14 units per acre. In any given development, City Council may limit the total number of units to less than these maxima at the time of rezoning.
      (1)   Density increase. In order to encourage the inclusion of needed community facilities and amenities, the Planning Commission may permit an increased residential density of up to 15% of the landholding provided that the applicant donate a school site to the school district; certain land for use in the municipality's park; and open space system; or land for other municipal uses.
   (C)   Minimum land areas. Planned Unit Development Districts may be established in any area of the city subject to the procedures as set forth in §§ 150.190 through 150.193 but in any case, the developable land area to be incorporated in the proposed district shall not contain less than ten acres.
   (D)   Land use specifications. Land use shall be divided so as to equal or exceed the following minimum standards:
Zoning   Open Space    Living Space    Recreational       Park Spaces
District   Ratio(OSR)    Ratio(LSR)    Space Ratio(RSR)   Per Units
R-PUD 7   3.80      2.69      .18         2
R-PUD 14   1.60       .91      .12         1-1/2
(Ord. 10-1986, passed 5-19-86; Am. Ord. 27-1989, passed 9-5-89) Penalty, see § 150.999

§ 150.74 BASIC REQUIREMENTS.

   The requirements of Appendix C pertaining to the R-PUD District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 27-1989, passed 9-5-89)

§ 150.80 PURPOSE.

   The purpose of this District is to provide an area wherein professional services and general business and administration activities may develop in close relationship with each other within single or multi-tenant buildings within a planned, landscaped environment.
(Ord. 10-1986, passed 5-19-86)

§ 150.81 DEVELOPMENT PLAN REQUIRED.

   No building permit shall be issued nor shall any plans be approved for zoning compliance for real estate in this district unless a development plan, as defined in § 150.03 and as governed by the procedures set forth in § 150.150 shall have been incorporated in an amendment or supplement to this chapter as an integral part of the zoning regulations applicable to the subject real estate.
(Ord. 10-1986, passed 5-19-86)

§ 150.82 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as indicated in the following divisions or in Appendix B of this chapter.
   (A)   Principal permitted uses.
      (1)   Administrative offices. Administrative office functions of most uses are principal permitted uses in this District.
   (B)   Conditional uses authorized by the Commission. (Reserved for future modifications to Appendix B”).
   (C)   Accessory use. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
   (D)   Prohibited uses - (Reserved for future additions to Appendix B).
(Ord. 10-1986, passed 5-19-86; Am. Ord. 21-1988, passed 7-5-88; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.83 REQUIRED CONDITIONS.

   All uses herein authorized shall be subject to the following conditions in addition to other applicable sections of this and other chapters of the code of ordinances.
   (A)   Owner or owners of a tract of land. The owner of a tract of land, containing at least one acre in area, located in any district at the general location where a proposed office center is shown on the land use plan, may request approval of a development plan permitting construction of a PO Planned Office project in accordance with the procedures and requirements set forth in § 150.150.
   (B)   Ingress-egress, traffic control. Ingress and egress to and from public streets shall be limited to one or more clearly defined driveways or curb cuts, located at least 100 feet apart on center. The Planning Commission shall determine the location of curbing and other improvements of the driveways and shall also establish minimum distances of such driveways from street intersections. The Commission may also require other controls as may be necessary to provide for safe efficient traffic circulation within and about the tract or site.
   (C)   Landscaping. All nonpaved areas within a project shall be seeded or sodded, and no front setback or side setback of a corner lot facing a public street shall be paved except for sidewalks, driveways, or plazas as determined by the approved development plan.
      (1)   Green buffer strip areas. Adjacent to residential areas, project screening, or landscaping may be required.
   (D)   Business in enclosed buildings. All businesses, services, or processing shall be conducted wholly within a completely enclosed building except for the storage of vehicles customarily used in the operation of the foregoing permitted uses, and necessary off-street parking or loading facilities.
   (E)   Exterior display. Exterior or window display of goods and merchandise of any kind shall be prohibited, unless specifically authorized by the Commission.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.84 BASIC REQUIREMENTS.

   The requirements of Appendix C pertaining to the "PO" District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.90 PURPOSE.

   The purpose of this District is to provide as area wherein professional services and general business and administration activities may develop in close relationship with each other, within single or multi-tenant buildings.
(Ord. 10-1986, passed 5-19-86)

§ 150.92 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as indicated in the following divisions or in Appendix B of this chapter.
   (A)   Principal permitted uses.
      (1)   As regulated in the PO District.
   (B)   Conditional uses authorized by the Commission.
      (1)   As regulated in the PO District.
   (C)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
   (D)   Prohibited uses - (Reserved for future modifications to Appendix B).
(Ord. 10-1986, passed 5-19-86; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.93 REQUIRED CONDITIONS.

     All uses herein authorized shall be subject to the following conditions in addition to other applicable sections of this and other chapters of the code of ordinances.
   (A)   Business in enclosed buildings. All businesses, services, or processing shall be conducted wholly within a completely enclosed building except for the storage of vehicles customarily used in the operation of the foregoing permitted uses, and necessary off-street parking or loading facilities.
   (B)   Exterior display. Exterior or window display of goods and merchandise of any kind shall be prohibited, unless specifically authorized by the Planning Commission.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.94 BASIC REQUIREMENTS.

   The basic requirements of Appendix C pertaining to the O District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.100 PURPOSE.

   The purpose of this District is to establish a procedure whereby the City Council or the Planning Commission may initiate proceedings to regulate property in areas throughout the city that have unique environmental, historic, architectural, or other features which require special conditions not provided through the application of standard zone regulations. It is recognized that in certain circumstances it may be desirable to provide for a greater range or mixture of uses in an area that would be permitted in the standard land use zones of this code. It is the purpose of this district to provide the method for the city to guide the development of such areas so as to preserve such unique characteristics or provide for a broader mixture of land uses when appropriate.
   (A)   Designation. An SPA District shall be designated by the abbreviation "SPA" followed by a number peculiar to the specific designated zoning map. Property so classified is subject to the provisions of this section and an ordinance adopted pursuant to this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.101 DEVELOPMENT PLAN MAY BE REQUIRED.

   If a development plan is required by a specific SPA ordinance; no building permit shall be issued nor plans approved for zoning conformance for real estate under the jurisdiction of said ordinance unless a development plan, as defined therein, has been approved or amended per the procedures established in same.
(Ord. 10-1986, passed 5-19-86)

§ 150.102 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as allowed by the regulations governing the property designated as a SPA District.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.103 REQUIRED CONDITIONS.

   An SPA District must be established by ordinance which provide the following as a minimum. The provisions are not intended to be an exhaustive list of provisions which may be included in a specific SPA ordinance.
   (A)   Status of uses. The status of uses within the SPA District or subdistrict.
   (B)   Design standards. Design standards appropriate for the specific site and development.
   (C)   Legal description. Legal description of property covered by the ordinance.
   (D)   Procedural requirements. Procedure for review of proposed development including:
      (1)   Types of projects that require review.
      (2)   Documents required from developers.
      (3)   Hearing procedures, if any.
   (E)   Findings. The Planning Commission shall not favorably recommend an SPA ordinance unless the Planning Commission first finds that:
      (1)   Unusual features. The area included within the SPA Zone has one or more unusual environmental, historical, architectural, or other specified significant features which justify the adoption of the SPA Zone.
      (2)   Need for added protection. The said unusual features cannot adequately be protected by the use of any other existing zoning regulations.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.104 BASIC REQUIREMENTS.

   The requirements for setbacks, lot area, intensity of development, parking, landscaping, and signs shall be detailed in each SPA District.
(Ord. 10-1986, passed 5-19-86)

§ 150.105 RELATIONSHIP TO OTHER REGULATIONS.

   The requirements (including procedura1) for each SPA District shall be adopted as appendices to the zoning code and shall, upon its effective date, supercede any conflicting requirements of this chapter, Chapter 90 (Sign Code), Chapter 151 (Subdivision Rules and Regulations), and Chapter 51 (Stormwater Management Code). Where SPA requirements are silent on a specific point, the appropriate sections of the referenced chapters shall apply.
(Ord. 10-1986, passed 5-19-86)

§ 150.110 PURPOSE.

   The purpose of this District is to provide a broad range of retail activities and a variety of services to the surrounding community in a planned cohesive environment.
(Ord. 10-1986, passed 5-19-86)

§ 150.111 DEVELOPMENT PLAN REQUIRED.

   No building permit shall be issued nor shall any plans be approved for zoning compliance for real estate in this district unless a development plan, as defined in § 150.03 and as governed by the procedures set forth in § 150.150 shall have been incorporated in an amendment or supplement to this chapter as an integral part of the zoning regulations applicable to the subject real estate.
(Ord. 10-1986, passed 5-19-86)

§ 150.112 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as indicated in the following divisions or in Appendix B of this chapter.
   (A)   Principal permitted uses - (Reserved for future modifications to Appendix B).
   (B)   Conditional uses. As regulated in the PO District.
   (C)   Accessory uses. Buildings and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
   (D)   Prohibited uses - (Reserved for future modifications to Appendix B).
(Ord. 10-1986, passed 5-19-86; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.113 REQUIRED CONDITIONS.

   All uses herein authorized shall be subject to the following conditions in addition to other applicable sections of this and other chapters of the code of ordinances.
   (A)   Location and area of tract. The subject tract of land shall contain a minimum of five acres and be located in the general location where a proposed shopping center is shown on the Land Use Plan.
   (B)   Business in enclosed building. All businesses, services, or processing shall be conducted mostly within a completely enclosed building, except for the sale of automotive fuel, lubricants, and fluids at service stations and except for off-street parking and loading.
   (C)   Production for sale at retail. All products produced on the premises, whether primary or incidental, shall be sold at retail primarily on the premises where produced.
   (D)   New merchandise. Goods for sale shall consist primarily of new merchandise; antiques excepted.
   (E)   Use must be nonobjectionable Process and equipment employed in goods processed and sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter, or water-carried waste.
   (F)   Ingress, egress, traffic control. As regulated in the PO District except that the distance between driveways or curb cuts shall be at least 200 feet on center.
   (G)   Visual screening. Each part of the center shall be permanently screened for all adjoining properties located in any R District by a solid masonry wall, not less than four or more than six feet in height or substitute screening approved by the Planning Commission.
   (H)   Open space. A planting strip of 35 feet minimum width shall be provided along the entire frontage of any public street.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.114 BASIC REQUIREMENTS.

   The requirements of Appendix C pertaining to the PB District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.120 PURPOSE.

   The purpose of this District is to provide areas within the city to accommodate uses normally needed by the traveling public, for amusement and ancillary commercial uses which are appropriate to thoroughfare locations, and for other uses not dependent upon a central location. These areas are normally located at intersections of thoroughfares or freeways.
(Ord. 10-1986, passed 5-19-86)

§ 150.122 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as indicated in the following divisions or in Appendix B of this chapter.
   (A)   Principal permitted use.
      (1)   Offices. Business and professional offices of any kind.
   (B)   Conditional uses authorized by the Commission - (Reserved for future modification to Appendix B).
   (C)   Conditional uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
   (D)   Prohibited uses - (Reserved for future modifications to Appendix B).
(Ord. 10-1986, passed 5-19-86; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.123 REQUIRED CONDITIONS.

   All uses herein authorized shall be subject to the following conditions in addition to other applicable sections of this and other chapters of the code of ordinances.
   (A)   Enclosures. Any business, service, repair, processing, storage, or display, whether principal or accessory, if not conducted wholly within an enclosed building, shall be enclosed by a solid wall or fence at least six feet high where such use adjoins in the rear or on the sides of any R District.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.124 BASIC REQUIREMENTS.

   The requirements of Appendix C pertaining to the HS District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.130 PURPOSE.

   The purpose of the M District is to provide areas within the city to accommodate a wide range of manufacturing and nonmanufacturing uses with a wide range of lot sizes while retaining the site plan review process to assure a degree of compatibility within and between the various districts.
(Ord. 10-1986, passed 5-19-86)

§ 150.131 SITE PLAN REQUIRED.

   The Planning Commission shall review and approve, prior to the issuance of a building permit, a site plan prepared by a professionally competent urban planner, engineer, architect, or landscape architect containing the following elements at a minimum:
   (A)   Site location map.
   (B)   Tract boundaries and lot lines.
   (C)   Topographic map with contours spot elevations adequate to describe the topography.
   (D)   Basic vehicular circulation system.
   (E)   Location and type of building.
   (F)   Preliminary building plans, including floor plans and exterior elevations.
   (G)   Locations of off-street parking.
   (H)   Landscape plan.
   (I)   Description of uses to take place on the real estate in enough detail to determine compliance with zoning and other pertinent ordinances.
(Ord. 10-1986, passed 5-19-86)

§ 150.132 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as indicated in the following divisions or in Appendix B of this chapter.
   (A)   Principal permitted use - (Reserved for future modification to Appendix B).
   (B)   Special exception authorization by the Commission - (Reserved for future modification to Appendix B).
   (C)   Accessory use. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
   (D)   Prohibited uses - (Reserved for future modifications to Appendix B).
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.133 REQUIRED CONDITIONS.

   All uses herein authorized shall be subject to the following conditions in addition to other applicable sections of this and other chapters of the code of ordinances.
   (A)   Off-street loading regulations. No on-street loading shall be permitted. At least one off-street loading space shall be provided contiguous to every building. Required screening walls or fences shall be sight-obscuring.
   (B)   Off-street parking and plant vehicle storage space. No on-street parking shall be permitted. Parking and plant vehicle storage space adjacent to any residence or office district shall be effectively screened by a wall or sight-obscuring fence of acceptable design, not less than six feet in height. All parking spaces shall conform with § 150.15.
   (C)   Enclosed building. All business, service, repair, processing, storage, or display, if not conducted within a wholly enclosed building or buildings, shall be enclosed by a solid wall or fence at least six feet high.
   (D)   Night operation. No building customarily used for night operation shall have any opening, other than stationary windows and required exits, within 200 feet of any residence or office district and no space used for loading or unloading vehicles in connection with such an operation shall be located within 100 feet of any residence or office district.
   (E)   Building construction. At least 80% of the exterior building walls facing streets shall be brick, stone, concrete, glass aggregate panels, marble, or ceramic tile. The balance of the exterior walls shall have metal or masonry facing, or the equivalent in prefinished or job finished material. No unpainted block or wood will be permitted. All buildings, walls, and fences shall be maintained at high standards. Any variation from the requirements of this section shall be permitted only if specifically authorized by the Planning Commission.
   (F)   Landscape treatment. Required front, side, and rear setback areas where not paved are to be landscaped with grass or other ground cover approved by the Planning Commission. Front yard and side yards adjacent to streets shall be suitably planted with trees and shrubs. The walls facing residence or office districts (if not constructed of the same material as the major portion of the exterior wall facing the street) and the rear and side yards abutting residence or office districts shall be suitably screened with trees and hedges or sight-obscuring fences.
   (G)   Prohibited uses. The use of presses of over 20 tons rated capacity is specifically prohibited in all uses.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 32-1994, passed 10-3-94) Penalty, see § 150.999

§ 150.134 BASIC REQUIREMENTS.

   The requirements of Appendix C pertaining to the M District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.140 PURPOSE.

   The purpose of the IP District is to provide areas within the city to accommodate a wide range of manufacturing and nonconforming uses in a planned environment implemented through a site plan review process to assure a degree of compatibility within and between the various districts.
(Ord. 10-1986, passed 5-19-86)

§ 150.141 SITE PLAN REQUIRED.

   As regulated by the M District.
(Ord. 10-1986, passed 5-19-86)

§ 150.142 STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as indicated in the following divisions or in Appendix B of this chapter.
   (A)   Principal permitted uses - (Reserved for future modification to Appendix B).
   (B)   Conditional uses authorized by the Commission - (Reserved for future modification to Appendix B).
   (C)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
   (D)   Prohibited uses - (Reserved for future modifications to Appendix B).
(Ord. 10-1986, passed 5-19-86; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.143 REQUIRED CONDITIONS.

   As regulated by the M District except as herein modified:
   (A)   Building construction. At least 80% of the exterior building walls facing streets shall be brick, stone, concrete, glass aggregate panels, marble, or ceramic tile. The balance of the exterior walls shall have metal or masonry facing or the equivalent in prefinish or job finished material. No unpainted block or wood will be permitted. All buildings, walls and fences shall be maintained at high standards. Any variation from the requirements of this section shall be permitted only if specifically authorized by the Planning Commission.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 32-1994, passed 10-3-94)

§ 150.144 BASIC REQUIREMENTS.

   The requirements of Appendix C pertaining to the IP District shall apply except when modified by this section.
(Ord. 10-1986, passed 5-19-86)

§ 150.150 PLANNED PROJECTS.

   PR-3 (Planned Multi-family Resident Project), R-PUD (Residential Planned Unit Development District), PO (Planned Office District), and PB (Planned Business District) are all planned overlay districts. Note that SPA Districts are not automatically considered overlay districts. The underlying zoning district remains intact but is superseded by the requirements of the overlay district during the time that the overlay zoning district remains in effect.
   (A)   Procedures for establishment of a planned district. Every amendment or supplement to this chapter incorporating a development plan as an integral part of the zoning regulations applicable to a specific parcel or tract of real estate shall be governed by the procedures included in this section in lieu of the similar procedures set out in §§ 150.190 through 150.192. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the City Council may, on its own motion or after recommendation thereon by the Planning Commission and subject to the procedure provided in this section, amend, supplement, or change the regulations, district boundaries, or classifications, of property, now or hereafter established by this section or amendments thereof. It shall be the duty of the Commission to submit to the Council its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassi- fication, or change may be initiated by motion of the Council, by motion of the Commission, or by the filing of a verified application for same by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement.
   (B)   Submission of development plans. Any request for approval of a planned zoning district shall be submitted to the Planning Commission for its review and shall be accompanied by a development plan as defined by this chapter, covering all parts of the tracts in question. Application shall be submitted to the Planning Commission upon such forms specified by the Zoning Administrator and shall be accompanied by such data and information as will assure the fullest practicable presentation of facts for the permanent record together with the names and addresses of the property owners as found in the real estate department of the County Auditor's office of all abutting properties, all properties directly across any adjacent street right-of-way and the name and address of the applicant and the nature of his interest in the property. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for zone changes initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the Council shall be accompanied by its resolution pertaining thereto.
   (C)   Establishing Council public hearing. The Community Development Director shall forward the application to the Clerk of Council who shall, upon receipt of such application, set a Council public hearing on such proposed amendment or supplement, which date shall be not more than 60 days from the filing date.
      (1)   Hearing notice. Notice of such public hearing shall be given by the Council at least 30 days prior to the hearing by each of the following methods:
         (a)   Newspaper. By one publication in a newspaper of general circulation in the city.
         (b)   Mail. Notices shall be mailed by first class mail to the landowners required to be listed on the application and to the applicant.
         (c)   Signs. The posting of a sign on the property line adjoining each public street or along two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the signs shall be unobstructed from public view from the street or public right-of-way. The sign shall be provided by the City Manager and shall refer to the proposal affecting the property and the time and place of the public hearing. The sign shall be installed in such a manner as to withstand reasonable weather conditions.
   (D)   Commission findings. It shall be the duty of the Planning Commission to investigate and ascertain whether the location, size, and other characteristics of the site, and the proposed plan comply with the following conditions.
      (1)   Consistent with zoning code. That the development plan is consistent with the intent and purpose of this chapter, and that it complies with all applicable requirements and conditions in accordance with the provisions of this chapter.
      (2)   Unified design. That the proposed plan consists of one or more groups of buildings of integrated and harmonious design and construction, together with adequate and properly arranged traffic and parking facilities and landscaping.
      (3)   Timing for recommendation. The Planning Commission shall make a recommendation to Council concerning a development plan within a time frame consistent with the requirements of Appendix F.
   (E)   Council approval of development plan. Unless an extension is requested by the applicant, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof by a majority vote of all members of Council consistent with the intent and meaning of this chapter within two regular Council meetings following the public hearing. If the development plan is approved, Council shall pass an ordinance amending this chapter via the incorporation of the approved development plan as an integral part of this chapter overlaying the existing zoning on the subject property.
      (1)   Change of zoning map. After a development plan has been officially approved as an amendment to this chapter, the zoning map shall also be corrected to include the exact boundaries of the project in question indicating both the existing underlying zoning and the overlay zoning in addition to the identification of the development plan.
      (2)   Restrictions within a planned project area. During such time as an approved planned project is in effect, all provisions of this chapter applicable in the planned project area and the approved development plan as originally approved and subsequently revised shall also apply to the land and any structure thereon, provided that during such time all provisions of the planned project shall prevail and take precedence over any conflicting provisions applicable in the underlying zoning district wherein the project lies.
      (3)   Termination of project approval. Approval of the planned project area shall remain in effect for a period of three years after the effective date of the ordinance approving the rezoning. If construction is not in progress before termination of this period, approval shall become void and regulations on the tract in question shall revert back to those set forth in the district wherein the project lies via the automatic lifting and termination of the overlay zoning. Construction in progress shall be defined as the construction of the primary structure on the site as indicated on the approved development plan. Site grading and infrastructure inprovements, such as utilities, drives and streets shall not be considered construction in progress as it relates to project termination. An extension of time may be approved by Council, provided that the request is submitted to the Commission for study and recommendation to Council prior to the termination date.
      (4)   Reproducible copy of approved plan. The applicant shall provide the Community Development Department with a full-sized reproducible copy of approved development plan prior to the effective date of the ordinance. The plan shall have a space provided for the insertion of the approval date and the expiration date. Said plan shall be updated by the applicant when adjustments to the plan are approved under the provisions of division (F) of this section.
   (F)   Adjustments in plan after approval. After the development plan has been approved by Council, the following provisions will apply to any changes in the plan:
      (1)   Minor revisions. In the course of carrying out this plan, adjustments, or minor rearrangements of buildings, parking areas, loading areas, entrances, height, or yards may be requested by the proponents, and provided the requests conform to the standards established by the final development plan and this chapter, such adjustments or rearrangements may be authorized by the Planning Commission without a public hearing. The Commission shall act on the request consistent with the requirements of Appendix F.
      (2)   Substantial revision. Any application for substantial variation in the development plan involving a new plan, additional buildings or structures, or changes in land use shall be treated as an amendment or supplement to this chapter, and shall be governed by the provisions of this section for establishment of a planned district.
   (G)   Issuance of building permits. Except as provided in division (G) (1) of this section the Administrative Agency shall issue a building permit for the entire project as described in the application, and shall withhold the certificate of zoning compliance until completion of the project in its entirety.
      (1)   Staging of large projects. In the case of large scale projects involving only one building on a site containing over five acres, or a project involving several buildings, the Commission shall have the power to authorize staging the project upon application by the developer; provided that the first stage shall include at least 10% of the entire proposed project building coverage in any event. The Administrative Agency may then issue building permits and certificates of zoning compliance for individual structures which do not violate the concept of the approved staging.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 16-1991, passed 6-3-91) Penalty, see § 150.999

§ 150.151 GROUP LIVING FACILITIES.

   Group living facilities as defined by this chapter and where authorized as a conditional use are subject to the following:
   (A)   Group Living Facilities Must Meet the Following Criteria:
      (1)   Occupancy. Each group living facility shall meet or exceed the minimum requirements for occupancy as stipulated in Chapter 155 (Housing Code) of the Forest Park Code of Ordinances.
      (2)   Recreational Activities. Suitable space shall be provided for indoor and outdoor recreational activities based upon the foreseeable need of the clientele expected to live in the group living facility.
      (3)   Exterior Alterations. No exterior alterations of an existing structure shall be made which will depart from the character of the building and of the neighborhood. All structures proposed shall be of a bulk, size and shape similar to other buildings in the immediate vicinity and shall have setbacks and yards required under the zoning code applicable to the neighborhood, providing that the Planning Commission may require larger yards if in its judgment they are necessary to provide adequate recreational space for the foreseeable clientele to occupy the group living facility or to accommodate the foreseeable off-street parking needs.
      (4)   Lighting. All exterior lighting shall be suitably directed and shaded to prevent any glare upon adjoining residential properties.
      (5)   Off-street Parking Requirements. One space for every three persons residing in the group living facility.
      (6)   Building and Fire Codes. The building must be inspected and approved by the Forest Park Building and Fire Departments for compliance with applicable building and fire codes.
      (7)   Quantity and Distribution. With respect to zoning districts R-1, R-2 or R-3, there shall not be more than one group living facility for each increment of 1000 single-family dwelling units, and there shall be a minimum of 1000 feet between any two lots or parcels containing group living facilities.
   (B)   Planning Commission Findings. In the review of each proposed facility, the Planning Commission shall make specific findings of fact in regard to the following criteria of the proposed residence.
      (1)   Zoning and Compatibility. Whether or not the proposed design, construction, and location of the building on the lot, are consistent with the requirements of the applicable zoning regulations and similar to structures in the immediate neighborhood.
      (2)   Use Compatibility. Whether or not the design and construction will be consistent with officially-planned uses in the general vicinity and will not change the character of the neighborhood.
      (3)   Hazards. Whether or not there are hazards identifiable by the fire inspection.
      (4)   Nuisance. Whether or not the structure or any planned addition to it will cause a nuisance to the neighborhood as a result of noise, lights, congestion, or traffic generation that would be incompatible to other uses in the same neighborhood.
      (5)   Public Facilities and Services. Whether or not there are adequate essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal, water and sewage resources, schools, or other community resources that will be needed by the foreseeable occupants of the residence, and the effect a proposed facility will have on the cost of providing such services.
      (6)   Detrimental to Area. Whether or not the proposed use, activities, or operations will be detrimental to persons, property or the general welfare.
      (7)   Natural, Scenic, or Historic Features. Whether or not the proposed land use will result in the destruction, loss or damage of natural, scenic or historic features of importance.
      (8)   Compliance with Criteria. Whether or not the facility meets the criteria set forth in § 150.151(A) above.
   (C)   Planning Commission Responsibility. The Planning Commission must make findings set forth in § 150.151(B) and shall grant a conditional use permit to an applicant if it meets the criteria either with or without special conditions designed to accommodate the needs of the foreseeable occupants of the residence or necessary to assure compatibility between the group living facility and the immediate neighborhood.
   (D)   Adjustments. It is intended for the conditional use granted herein to be for the purpose set forth in the application for same. Any change in the type of group living facility or in an increased number of non-family occupants specified in the application, after it has been approved by the Planning Commission, will be reviewed in the following manner:
      (1)   Substantial Revision. Any substantial revision to the original application and approval involving a new plan, additional buildings or structures, or changes in the type(s) of group living facility or an increase in the number of non-family occupants will be treated as a new group living facility and the procedures for the review and approval of same must be followed.
      (2)   Minor Revision. In the course of the operation of an approved facility, minor adjustments or rearrangements other than those specified in division (D)(1) hereinabove may be requested by the proponents. Providing the requests conform to the criteria established by § 150.151 and any conditions placed upon the facility at the time of the Commission approval, such adjustments or rearrangements may be authorized by the Planning Commission without a public hearing within 50 days after receipt of a written request for same.
   (E)   Termination of Approval. The Commission approval of a group living facility shall automatically terminate when:
      (1)   The facility is sold to a new owner; or
      (2)   The facility remains vacant for six consecutive months; or
      (3)   The use of the structure as a group living facility is discontinued for six consecutive months.
         Note: For the purposes of division (E)(3), the use of a group living facility shall not be considered as discontinued until there are no non-related individuals as specified in the application occupying the structure for six consecutive months.
(Ord. 21-1988, passed 7-5-88; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ 150.152 DWELLING GROUPS.

   (A)   Locations. In any R-1, R-2, or R-3 District, the owner of a lot containing a total land area of a least one acre may submit a site plan for a dwelling group to the Planning Commission in accordance with the procedures and requirements set forth in this section, provided that the proposed project site is not divided by an existing public street.
   (B)   Site plan requirements. All site plans for a dwelling group shall include the following items:
      (1)    Use. The use of each building shall be specified on the plan, including two-family structures in R-2 or R-3 Districts where permitted in those districts.
      (2)   Allowable building areas. The approximate location of each building shall be shown by the maximum allowable building coverage area formed by all front, side, and rear building lines relating to each building in the project. No building permit shall be issued for any structure which protrudes beyond the allowable building area in an approved dwelling group site plan.
      (3)   Traffic circulation. The location of each access drive or public street showing the proposed width of each pavement as specified in divisions (C)(7) and (8) of this section.
      (4)   Building height. The plan shall show the maximum allowable building height for each structure, provided that no building shall exceed the maximum height requirements for the district in which it is located.
   (C)   Commission findings. It shall be the duty of the Planning Commission to investigate and ascertain whether the proposed project complies with the following conditions:
      (1)   Consistent with zoning code. That the site plan is consistent with the intent and purpose of this chapter, and that it complies with all applicable requirements and conditions in accordance with this chapter, except as modified in this section.
      (2)   Unified design. That the proposed plan consists of one or more groups of buildings placed in an integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities.
      (3)   Adjacent property. That the property adjacent to the area included in the plan is not likely to be adversely affected thereby, and that the proposed residential development will be in harmony with the character of the surrounding neighborhood and insure substantially the same type of occupancy as obtained or may be expected to be obtained in the neighborhood.
      (4)   Residential use. That the land and buildings are to be used primarily for residential purposes and customary accessory uses, such as garages, storage spaces, recreational and community facilities or activities, including churches. However, all community facilities or churches shall front directly on a public street, and any use which is not permitted in the district wherein the project is located shall be prohibited.
      (5)   Area and lot requirements. That the average lot area per dwelling unit contained on the project site, exclusive of the area occupied or intended to be occupied by streets or access drives, shall not be less than the requirements of the district considered as one parcel regardless of the extent to which the parcel is subdivided by interior streets.
      (6)   Yard requirements. That all setbacks shall meet the requirements of the district wherein the project is located, except for interior setbacks which shall be determined by the approved dwelling group site plan.
      (7)   Access roads. Every dwelling in the dwelling group not fronting directly on a public street shall be within 60 feet of a private access roadway or drive providing vehicular access from a public street and within 500 feet, measured along the route of vehicular access, from a public street.
The minimum width of access pavements shall be:
   Access Pavement         Minimum Width (Feet)
   Serving one unit            10
   Serving two units            15
   Serving three to five units         20
   Serving more than five units         25
         (a)   Turnaround. Access roads shall be provided with adequate turnaround facilities, paved in accordance with city specifications for residential streets, and maintained in good condition.
      (8)   Public streets and rights-of-way. All streets intended to be dedicated for public street purposes shall comply with the official thoroughfare plan and shall be improved in accordance with all city requirements and regulations for the installation of street improvements.
   (D)   Commission may authorize project. After a public hearing is held by the Commission and if the Commission finds that the proposed dwelling group site plan is consistent with the intent and purpose of this chapter, it may authorize the Administrative Agency to issue a building permit for each building in the project even though the location of the building to be erected and the setbacks and open spaces contemplated by the plan do not conform in all respects to the regulations of the district wherein the project is located.
      (1)   Issuance of building permits. In no case shall the Administrative Official issue a building permit for any building in a dwelling group project unless the plan for the building conforms entirely in all respects to the conditions set forth on the approved dwelling group site plan or an approved adjusted plan.
   (E)   Adjustments in plan after approval. After the dwelling group site plan has been approved by the Commission, the following provisions shall apply to any changes in such plans:
      (1)   Minor revisions. In the course of carrying out this plan, adjustments or minor rearrangements of allowable building areas, building heights, setbacks, access drives, or interior public streets may be requested by the proponents. And provided such requests conform to the standards established by the approved dwelling group site plan in this chapter, such adjustments or rearrangements may be authorized by the Planning Commission.
      (2)   Substantial revisions. Any request for a substantial revision in an approved dwelling group site plan involving a new plan, additional buildings or structures, or changes in land use, shall be treated as a new and separate request for dwelling group approval in accordance with the procedures set forth in this section.
   (F)   Subdivision of a dwelling group. The lot included in any approved dwelling group site plan may be subdivided into smaller lots, provided that each new lot in the subdivision shall contain a frontage of at least 25 feet along a public street, except as modified in division (D) of this section; and further provided that all lot areas in the subdivision shall conform to the requirements set forth in division (C)(5) of this section.
      (1)   Compliance with approved dwelling group site plan. On any lot where an approved dwelling group site plan has been approved, any plans submitted for issuance of a building permit shall conform to the conditions set forth in the approved site plan regardless of the extent the original dwelling group site has been subdivided.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.153 SERVICE STATIONS.

   The following shall apply to all service stations when permitted by this chapter.
   (A)   Entrance, distance requirements. No automobile or truck service station or filling station shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, the entrance to a public park or cemetery, church, hospital, public library, or institution for dependents or for children except where such property is in another block or on another street which the lot in question does not abut.
   (B)   Oil drainage and the like. No automobile service station or public garage shall be permitted where any oil draining pit, hydraulic hoists, lubrication and greasing devices, repair equipment, and similar appurtenances, other than filling caps are located within 25 feet of any R District, except where such appurtenances are within a building.
   (C)   Automobile service station; enclosure R District. No automobile service station shall be erected or constructed and no alteration or improvement shall be made to any existing nonconforming service station, unless the premises upon which such station is, or is intended to be located shall be enclosed in the rear and on the sides by a masonry wall not less than six feet high where such rear or side service station lot line abuts an R District. The first ten-foot section of such wall, measured from the street right-of-way line, may be stepped down to two feet at the right-of-way line, following a pattern of appropriate design.
   (D)   Site development standards. No service station shall be erected or constructed unless such station meets the following requirements and standards:
      (1)   Minimum lot area: 12,000 square feet.
      (2)   Minimum frontage: 120 feet.
      (3)   Maximum width of curb cuts or driveway width: 40 feet.
      (4)   Minimum distance of driveway from right-of-way intersections: 20 feet.
      (5)   Minimum setback of service building from all street rights-of-way: 50 feet.
      (6)   Minimum setback of pump island, compressed air connections, and similar equipment from the right-of-way lines: 15 feet.
      (7)   Canopies. Canopies over pump islands in the otherwise required setbacks must be a minimum of five feet from all property and right-of-way lines. Canopies cannot exceed an overall height of18 feet. Architectural approval shall be made by the Planning Commission.
      (8)   Paving and curbing. Entire area shall be paved with a permanent surface of concrete or black top except for green strips required by this chapter.
      (9)   Lighting. Shall be so installed as to deflect from adjoining properties and public streets.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.154 RESTAURANTS AND BARS.

   The following shall apply to all restaurants and bars.
   (A)   Minimum seating. Minimum seating for a free-standing restaurant or bar shall be 40 seats.
   (B)   Drive-through service. Establishments that provide drive-through service shall comply with § 150.15(F), off-street storage areas for drive-in services.
   (C)   Bars prohibited in areas south of Interstate 275. Except as provided in divisions (C)(1) and (C)(2) below, establishments selling alcoholic beverages for consumption on the premises are prohibited in all areas located to the south of Interstate 275.
      (1)   Establishments with a valid certificate of occupancy, or use and occupancy permit, on the effective date of this section may continue as a non-conforming use, as provided in § 150.10.
      (2)   Restaurants with a permit to sell alcoholic beverages for consumption on the premises, provided that one of the following conditions is met:
         (a)   The establishment is an additional location, substantially similar to the existing location(s), for a restaurant or group of restaurants under the same ownership for two or more years, which can demonstrate, through site inspection and/or audited financial records, that its primary and predominate use is a restaurant.
         (b)   The establishment is a franchise, which can demonstrate, through its franchise agreement, site inspection, and/or audited financial records, that its primary and predominate use is a restaurant.
(Ord. 05-2016, passed 4-4-16)

§ 150.160 ADMINISTRATION.

   The Director of Community Development shall serve as the Zoning Administrator. As the Zoning Administrator, he shall enforce the provisions of this chapter. When referenced in this chapter, the Zoning Administrator may also refer to his authorized representative.
   (A)   Inspections. The Zoning Administrator is authorized to make or cause to be made inspections of premises or structures thereon in order to determine compliance with this chapter.
   (B)   Right of entry. The Zoning Administrator, upon presentation of proper credentials during normal business hours, or at any time if an emergency exists, or at any time mutually agreeable to the inspector and owner, shall request of the owner or occupant in lawful possession of any building, structure, or premises in the city, permission to enter and inspect the same in order to perform any duty imposed by this code upon him. The Zoning Administrator shall not enter any building, structure, or premises where an owner or occupant in possession shall object to such entry, except where the Zoning Administrator shall have first obtained an order for the purpose of entry after submitting evidence indicating probable cause exists for the inspection, from a court of competent jurisdiction. However, the Zoning Administrator shall not be required to obtain the consent of the owner of any premises, building, or structure in the city where the same has been or given the appearance of having been abandoned by the owner and the building, structure, or premises is in a condition where entry thereto is generally accessible.
   (C)   Administrative liability. Except as may otherwise be provided by statute or local law or ordinance, no officer, agent, or employee of the city charged with the enforcement of this chapter shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this code. No person who institutes, or assists in the prosecution of, a criminal proceeding under this code shall be liable to damages hereunder, unless he acted with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act of omission. Any suit brought against any officer, agent, or employee of the city, as a result of any act required or permitted in the discharge of his duties under this code, shall be defended by the Law Director until the final determination of the proceedings therein.
(Ord. 10-1986, passed 5-19-86)

§ 150.161 BUILDING PERMIT REQUIRED.

   No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the Zoning Administrator. No building permit shall be issued unless in conformity with the provisions of this chapter and Chapter 51 (Stormwater Management Code) except after written order from the Board of Zoning Appeals or Planning Commission having jurisdiction.
(Ord. 10-1986, passed 5-19-86)

§ 150.162 APPLICATION FOR BUILDING PERMIT.

   All applications for building permits shall be accompanied by plans in triplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations and dimensions of the proposed building or alteration. The application shall include other information lawfully required by the Zoning Administrator, including conditions existing on the lot and other matters necessary to determine conformance with and provide for the enforcement of this chapter.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.163 APPROVAL OF APPLICATION FOR BUILDING PERMIT.

   One copy of the plans shall be returned to the applicant by the Zoning Administrator after he shall have marked the copy either as approved or disapproved, and attested to same by his signature on the copy. The second and third copies of the plans, similarly marked, shall be retained by the Zoning Administrator.
(Ord. 10-1986, passed 5-19-86)

§ 150.164 CERTIFICATES OF ZONING COMPLIANCE.

   (A)   Buildings, structures, and premises. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter erected, constructed, altered, repaired, or added to prior to the issuance of a certificate of zoning compliance by the Zoning Administrator stating that the proposed use of the building or land conforms with the requirements of this chapter or with a written order from the Board of Zoning Appeals. In the case of nonresidential buildings or structures or parts thereof, it shall be unlawful to change from or to allow the change from one occupant to another or to permit the occupancy by additional occupants of any building or structure premises or part thereof prior to the issuance of a certificate of zoning compliance by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter or a written order from the Board.
   (B)   Application for certificate of zoning compliance. No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.
      (1)   No building permit involved. In the case of an occupant applying for a certificate of zoning compliance for an existing building or premises when there is no building permit involved, there shall be no occupancy permitted until application has been made for a certificate of zoning compliance and the applicant has received a written authorization to occupy the building or premises based solely upon the information furnished on the application.
         (a)   Issuance of certificate. The Zoning Administrator shall issue the certificate of zoning compliance only after the subject building or premises have been occupied and inspected for conformance to the provisions of this chapter and Chapter 152 (Building Code).
   (C)   Temporary certificate of zoning compliance. A temporary certificate of zoning compliance may be issued by the Zoning Administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion; provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
   (D)   Records of certificates. The Zoning Administrator shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person.
   (E)   Failure to obtain a certificate. Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and punishable under § 150.999 of this chapter.
   (F)   Fees. All applications for a certificate of zoning compliance shall be accompanied by a fee in accordance with §§ 150.200 and 150.201.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 15-1991, passed 6-3-91) Penalty, see § 150.999

§ 150.165 ADMINISTRATIVE OFFICIAL TO ACT WITHIN 30 DAYS.

   The Zoning Administrator shall act upon all applications on which he is authorized to act by the provisions of this chapter within 30 days after said applications have been filed in enough detail to enable the Zoning Administrator to determine compliance with this chapter.
Exception: Applications for certificates of zoning compliance for proposed occupants of existing buildings which do not involve a building permit shall be acted upon by the Zoning Administrator within three working days after filing of the application in enough detail to enable the Zoning Administrator to determine compliance with this chapter.
(Ord. 10-1986, passed 5-19-86)

§ 150.166 CONSTRUCTION AND USE TO COMPLY WITH CERTIFICATE.

   Building permits or certificates of zoning compliance issued on the basis of plans or applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans or applications, and any other use, arrangement, or construction, at variance with that authorized shall be deemed in violation of this chapter.
(Ord. 10-1986, passed 5-19-86) Penalty, see § 150.999

§ 150.167 VIOLATIONS.

   It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any of the provisions of this chapter, or any amendment or supplement thereto adopted by the Council of the city.
   (A)   Notice of violation. Whenever the Zoning Administrator determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. The notice shall be in writing, shall specify the alleged violation, shall provide a reasonable time for compliance, and shall be served upon the owner, agent, operator, or occupant, as the case may require. The notice shall be deemed to be properly served upon the owner, agent, operator, or occupant, if a copy is served upon him personally; or if a copy thereof is sent by registered or certified mail, return receipt requested, to the last residence of the owner, agent, operator, or occupant; or by such other method authorized by the laws of the state. The notice shall inform the person, to whom it is directed, of his right to apply for a hearing before the Planning Commission as provided in this chapter. The notice may contain an outline of remedial action and time limit which, if followed, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
   (B)   Final order. Any notice of violation provided for in division (A) of this section shall automatically become a final order if an application for an appeal (as detailed in § 150.168) is not filed with the Zoning Administrator within 20 days after receipt of the notice. A copy of the order shall be served as provided in division (A) of this section.
   (C)   Reinspection. At the end of the period specified in the notice of violation, or any extension thereof, it shall be the duty of the Zoning Administrator or his duly designated representative to make, or cause to be made, a reinspection of the premises or structures, and if compliance has not been established, appropriate legal action shall be instituted as specified in division (E) of this section; provided that additional notice of violation is not required.
   (D)   Extension of compliance time. The Zoning Administrator may extend the compliance time specified in any notice, or order, issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
   (E)   Legal remedies. The Zoning Administrator or his designated representative, shall institute appropriate action to restrain, prevent, enjoin, abate, correct, or remove such violation, and to take such other legal action as is necessary to carry out the terms and provisions of this chapter. The remedies provided by law, any and all remedies may be pursued concurrently or consecutively and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.
   (F)   Records confidential. The Zoning Administrator shall keep confidential all evidence which he may discover or obtain in the course of an inspection made pursuant to this chapter and such evidence shall be considered privileged. Evidence so obtained shall not be disclosed except as may be necessary in the judgment of the Zoning Administrator, for the proper and effective administration and enforcement of the provisions of this chapter and rules and regulations issued pursuant thereto and shall not otherwise be admissible in any judicial proceeding without the consent of the owner, agent, operator, occupant, or other person in charge of the dwelling unit inspected.
(Ord. 10-1986, passed 5-19-86)

§ 150.168 APPEALS.

   The City Planning Commission shall hear and rule upon appeals filed in relation to this chapter as detailed in §§ 150.170 and 150.171.
(Ord. 10-1986, passed 5-19-86)

§ 150.170 PROCEDURE FOR APPLICATION, REVIEW, AND APPROVAL.

   (A)   Filing applications. All applications and appeals to the Planning Commission shall be made on forms provided by the Administrative Official and shall be accompanied by a fee as referenced in § 150.200 together with such data and information as will assure the fullest practicable presentation of the facts for the permanent record. When a public hearing is indicated in Appendix F, the application shall include the names and addresses of the property owners, as found in the real estate department of the County Auditor's office of all properties within 200 feet of the boundary of the applicant’s property, including the three closest properties across any adjacent street right-of-way and the four closest properties on the same side of the street, two to the left and two to the right, and the name and address of the applicant.
   (B)   Public hearing. When a public hearing is indicated in Appendix F, the Community Development Director shall schedule the application for a public hearing at the earliest previously established public hearing date for which the notice requirements of Appendix F can be fulfilled. At any hearing, any person may appear in person or by an agent or attorney.
   (C)   Commission action. The Commission shall act on each request within the length of time stipulated in Appendix F. In exercising the above mentioned powers, the Commission may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination which ought to be made, and to that end shall have powers of the Administrative Official from whom the appeal is taken. Every appeal granted or denied must be accompanied by a written finding of fact based on testimony and evidence presented to the Commission, and by written reasons for granting or denying the appeal.
      (1)   Copy of Commission's decision. A copy of the Commission's decision shall be transmitted to the applicant or appellant and to the Administrative Official and observed by him, and he shall incorporate the terms and conditions of the same into the permit to applicant or appellant, whenever a permit is authorized by the Commission.
      (2)   Appeal from decisions of the Commission. Any person or any taxpayer, department, board, or bureau of the city aggrieved by any decision of the Commission may appeal to the Board of Zoning Appeals.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 23-2021, passed 12-6-21)

§ 150.171 POWERS OF COMMISSION.

   The following shall be under the jurisdiction of the Planning Commission in addition to those powers specified elsewhere in the code of ordinances or conferred upon it by general law, with the exceptions set forth in the City of Forest Park Charter:
   (A)   Nonconforming uses or structures, substitutions, or expansions. The substitution or expansion of a nonconforming use or structure existing at the time of enactment of this chapter or amendment thereto as regulated by § 150.10(J) of this chapter.
   (B)   Temporary structures and use. The Commission may authorize the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this chapter for the district in which it is located, provided that such use be of temporary nature, and does not involve the erection of a substantial structure.
   (C)   Interpretation of zoning map. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the Commission, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this chapter. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the Commission, and a determination shall be made by the Commission.
   (D)   Interpretation of zoning text. If there is uncertainty as to the meaning and intent of a textual provision of this chapter, the Secretary of the Board, the Administrative Official, or the Chairperson of the Planning Commission may request the Commission to interpret the same.
   (E)   Administrative review. The Commission shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, grant, or refusal made by the Administrative Official or other official in the interpretation of the provisions of this chapter.
      (1)   Filing appeals. An appeal to the Commission may be taken by any person aggrieved or by an officer, board, or bureau of the city concerning any decision of the Administrative Official. Such appeal shall be taken within 20 days after the date of the decision, by filing with the Administrative Official and the Commission, an application specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Commission such notice of appeal, together with all the plans and papers constituting the record upon which the action appealed was taken.
      (2)   Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Official certified to the Commission, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Commission or by a court of record on application, or notice to the Administrative Official from whom the appeal is taken, and on due cause shown.
   (F)   Variance. In the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, the Commission shall have the power to vary or adapt the strict application of any of the requirements of this chapter whereby such strict application would deprive the owner of the reasonable use of the land or building involved, but in no other case. In granting any variance, the Commission shall prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and punishable under § 150.999 of this chapter. However, no variance in the application of any provision of this chapter shall be granted by the Commission unless it finds:
      (1)   Special circumstances or conditions. That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to the land or building and do not apply generally to land or building in the neighborhood, and that the circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building.
      (2)   Minimum variance. That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the Commission is the minimum variance that will accomplish this purpose.
      (3)   Absence of detriment. That the granting of the variance will be in harmony with the general purpose and intent of the chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity, the Commission, in determining its findings, shall take into account the number of persons residing or working in the buildings or upon the land and traffic conditions in the vicinity.
      (4)   Not of a general nature. That the condition or situation of the specific piece of property, or the intended use of the property for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for the conditions or situation.
      (5)   Actions of applicants. That the special conditions or circumstances do not result from the actions of the applicant.
      (6)   Adjacent districts. That no permitted uses of lands, structures, or buildings in other districts on adjacent lands are used as grounds for issuances of such a variance.
   (G)   Revocation of variance. The Commission may revoke an authorized variance if any condition of the variance is violated. The Commission shall notify the holder of the variance by certified mail of its intent to revoke the variance and of his right to a hearing before the Commission within 30 days of the mailing of the notice if he so requests. If the holder requests a hearing, the Commission shall set a time and place for the hearing and notify the holder. At the hearing the holder may appear in person, by his attorney, or by other representative, or he may present his position in writing. He may present evidence and examine witnesses appearing for or against him. If no hearing is requested, the Commission may revoke the variance without a hearing. The authority to revoke a variance is in addition to any other means of zoning enforcement provided by this chapter.
   (H)   Conditional uses. The Commission shall have the power to grant conditional uses in accordance with the following provisions.
      (1)   Specific uses. The purpose of a special exception is to grant the Planning Commission the opportunity to permit only those specific uses which are listed as conditional uses within a specific zoning district which would not be appropriate generally or without restriction throughout the zoning district but which may be permitted if the Planning Commission decides that the application satisfies the following standards:
         (a)   The public's health, safety, morals, welfare, and interest, including but not exclusively, such factors as safety and traffic conditions, surrounding housing or property values, and the socioeconomic impact on people working or living in the area surrounding the proposed development;
         (b)   Whether a nuisance caused by or increased by noise, litter, or lighting conditions will be created, and cannot be controlled;
         (c)   Whether the proposed development and attendant conditional use would protect and preserve the character, attraction, and orderly development of the affected district;
         (d)   That the proposal not be incompatible with the surrounding area and be an appropriate use as related thereto so as not to be economically, aesthetically, or environmentally detrimental or injurious to the surrounding area, or its workers or residents;
         (e)   Whether adequate public facilities and services, including, but not exclusively, existing or proposed plans for water, storm sewer, and sanitary sewer, will be available or can be created to serve the anticipated needs of the development, and whether the provisions of such public facilities and services is economically feasible or reasonable to the city and its citizens;
         (f)   The effect of the proposal on vacant land or other proposed developments in the area so as not to render the use of such vacant land or the completion of such proposed developments unavailable or unlikely.
      (2)   Conditional approval. In considering conditional uses the Commission shall give consideration to the standards set forth in the immediately preceding divisions. The Planning Commission may also impose such requirements and conditions with respect to location, construction, maintenance, and operation, including but not exclusively, requirements for open spaces, screening, landscaping, construction of fences and other barriers, shielding of lights, erection of safety devices, and locations of vehicular entrances and exits, in addition to those that may be expressly stipulated in this chapter for a particular conditional use, as the Commission may deem necessary for the safety and general welfare under the standards set forth hereinabove.
   (I)   Stormwater Management Code. The Commission shall hear and rule on variances and appeals pertaining to Chapter 51 (Stormwater Management Code) as specifically detailed in that chapter.
   (J)   Sign Code. The Commission shall hear and rule on variances and appeals pertaining to Chapter 90 (Sign Code).
   (K)   District changes and regulation amendments. The Commission shall hear and make recommendations to Council concerning proposed zone changes and amendments to the zoning code in accordance with the provisions in this chapter and as summarized in Appendix F.
   (L)   Development plans and site plans. The Commission shall hear and rule on or make recommendations to Council on development and site plans in accordance with the provisions of this chapter and as summarized in Appendix F.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 20-1987, passed 6-1-87; Am. Ord. 46-1987, passed 12-21-87; Am. Ord. 06-2023, passed 2-20-23)

§ 150.180 APPOINTMENT.

   There is hereby created a Board of Zoning Appeals which shall consist of five members of City Council. Members of the Board shall not be members of the Planning Commission.
(Ord. 10-1986, passed 5-19-86)

§ 150.181 PROCEDURE.

   (A)   Organization of the Board of Zoning Appeals. The Board of Zoning Appeals shall organize, elect its Chairperson, and adopt rules necessary to the conduct of its affairs, and in accordance with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine. The Chairperson, or in his absence the acting Chairperson, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and recommendations, all of which shall be immediately filed in the office of Clerk of Council or City Council and shall be a public record.
   (B)   Application. All applications and appeals to the Board of Zoning Appeals shall be made on a form provided by the Administrative Official together with a fee as referenced in § 150.200 and shall be filed with the Community Development Department. The Community Development Department will forward the application to the Clerk of Council and the Clerk will set dates for the Board of Zoning Appeals meeting and the City Council public hearing The Community Development Department will also forward a copy of the application to the Planning Commission. The application shall specify the reason for filing the application or appeal, the area and location of the property involved, the section of the zoning code involved, a clear and accurate description of the proposed work or proposed use, the names and addresses of the property owners as found in the real estate department of the County Auditor's office of all properties within 200 feet of the boundary of the applicant’s property, including the three closest properties across any adjacent street right-of-way and the four closest properties on the same side of the street, two to the left and two to the right, and the name and address of the applicant and the nature of his interest in the property.
   (C)   Hearings and public notice. The Clerk of Council shall fix a reasonable time for the hearing of the application or appeal. The public hearing must be held within 45 days after the application for appeal has been filed with the Community Development Department. At any public hearing, any person may appear in person or by an agent or attorney. The City Council shall give ten days' public notice thereof in some daily newspaper of circulation to the city, as well as actual notice by regular mail to the landowners required to be listed on the application and to the applicant. Furthermore, the Community Development Department shall be required, at least ten days prior to the public hearing, to post a sign on the property line adjoining each public street or along the two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the sign shall be unobstructed from public view from the street or public right-of-way. Such signs shall be provided by the City Manager and shall refer to the proposal affecting the property and the time and place of the public hearing. The sign shall be installed in such a manner as to withstand reasonable weather conditions. The City Manager shall establish a reasonable fee for the cost of the signs which shall be paid by the applicant.
   (D)   Board of Zoning Appeals Meeting. A meeting of the Board of Zoning Appeals shall be scheduled prior to the scheduled public hearing before Council and shall be open to the public. The meeting shall be so scheduled as to provide sufficient time for the Board of Zoning Appeals to render a written recommendation to City Council.
   (E)   Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Official certified to the City Council, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by City Council or by a court of record on application or notice to the Administrative Official from whom the appeal is taken, and on due cause shown.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 23-1991, passed 9-3-91; Am. Ord. 23-2021, passed 12-6-21)

§ 150.182 POWERS OF BOARD.

   The following shall be under the jurisdiction of the Board of Zoning Appeals in addition to other powers that may be conferred upon it by ordinance of City Council.
   (A)   Appeals to actions of the Planning Commission. The Board shall have the power to hear appeals, filed as hereinbefore provided, where it is alleged by the applicant that there is error in any requirement, decision, grant, or refusal made by the Planning Commission. The Board shall then make its recommendation to City Council.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 23-1991, passed 9-3-91)

§ 150.183 RECOMMENDATIONS OF THE BOARD.

   In exercising the above mentioned powers, the Board of Zoning Appeals may, so long as such action is in conformity with the terms of this chapter, recommend to Council that it reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination which ought to be made. The Board shall issue its recommendation prior to the scheduled public hearing. Every recommendation must be accompanied by a written finding of fact based on testimony and evidence presented to the Board, and by written reasons for the recommendation.
   (A)   Quorum. Four members shall constitute a quorum, and a concurring vote of three members shall be necessary for a recommendation. In the case of a tie vote, the motion is defeated. However, if the applicant requests, the Board shall reconsider the motion and deliver a recommendation (other than a tie vote) consistent with the constraints placed upon the motion by local codes or ordinances.
   (B)   Copy of Board's recommendation. A copy of the Board's recommendation shall be transmitted to the applicant or appellant and to the Administrative Official and to the Clerk of Council for presentation to Council members and to Planning Commission members.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 23-1991, passed 9-3-91)

§ 150.184 DECISIONS OF CITY COUNCIL.

   (A)   City Council decision. City Council shall have 30 days from the date of delivery of the Board of Zoning Appeals recommendation to act on said recommendation.
   (B)   Appeals from the decision of Council. Any person or any taxpayer, department, board or bureau of the city aggrieved by any decision of the Council may appeal to the Common Pleas Court of Hamilton County in the manner provided by law.
   (C)   A copy of the decision of City Council shall be presented to the Planning Commission.
(Ord. 23-1991, passed 9-3-91)

§ 150.190 AMENDMENT OF ZONING CODE.

   Whenever the public necessity, convenience, general welfare, or good zoning practice require, the City Council may, on its own motion or after recommendation thereon by the Planning Commission and subject to the procedure provided in this section, amend, supplement, or change the regulations, district boundaries, or classifications of property, now or hereafter established by this chapter or amendments thereof. It shall be the duty of the Commission to submit to the Council its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification, or change may be initiated by motion of the Council, by motion of the Commission, or by the filing of a verified application for same by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement.
(Ord. 10-1986, passed 5-19-86)

§ 150.191 PROCEDURE FOR ZONE DISTRICT CHANGE.

   In lieu of the following, the requirements of § 150.150 shall apply for all zone changes to PR-3, R-PUD, PO, and PB Districts. For requests involving all other districts, application for any change of district boundaries or classifications of property as shown on the zoning map shall be submitted to the Planning Commission upon such forms specified by the Administrative Official and shall be accompanied by such data and information as will assure the fullest practicable presentation of facts for the permanent record together with the names and addresses of the property owners as found in the real estate department of the County Auditor's office of all abutting properties, all properties directly across any adjacent street right-of-way, and the name and address of the applicant and the nature of his interest in the property. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for zone changes initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the Council shall be accompanied by its resolution pertaining thereto.
   (A)   Establishing Council public hearing. The Community Development Director shall forward the application to the Clerk of Council who shall, upon receipt of such application, set a Council public hearing on such proposed amendment or supplement, which date shall be not more than 60 days from the filing date.
      (1)   Hearing notice. Notice of such public hearing shall be given by the Council at least 30 days prior to the hearing by each of the following methods:
         (a)   Newspaper. By one publication in a newspaper of general circulation in the city.
         (b)   Mail. Notices shall be mailed by first class mail to the landowners required to be listed on the application and to the applicant.
         (c)   Signs. The posting of a sign on the property line adjoining each public street or along two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the signs shall be unobstructed from public view from the street or public right-of-way. The sign shall be provided by the City Manager and shall refer to the proposal affecting the property and the time and place of the public hearing. The sign shall be installed in such a manner as to withstand reasonable weather conditions.
   (B)   Planning Commission recommendations. The Planning Commission shall, after receipt of application and all necessary plans and data required by this chapter, recommend the approval or denial of the proposed amendment, supplement, district change, or approval of some modification thereof and shall submit such recommendation together with such application, the text and map pertaining thereto to the Council in accordance with the requirements of Appendix F. Failure to meet the deadline shall be interpreted as a positive recommendation.
Exception: City Council may, upon its own motion, extend the time limitation for specified periods of time when it considers the extension is warranted.
   (C)   Council action. No later than the second Council meeting after the required public hearing, the Council shall either adopt or deny the recommendations of the Planning Commission or adopt some modification thereof by a majority vote of all members of Council.
(Ord. 10-1986, passed 5-19-86)

§ 150.192 PROCEDURE FOR AMENDING ZONING CODE REGULATIONS.

   Application for an amendment of the text of the zoning code shall be made upon such forms specified by the Administrative Official and shall be accompanied by such data and information as will assure the fullest practicable presentation of facts for the permanent record. Applications for amendments initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the City Council shall be accompanied by its resolution pertaining thereto.
   (A)   Establishing Council public hearing. The Community Development Director shall forward the application to the Clerk of Council who shall, upon receipt of such application, set a Council public hearing on such proposed amendment or supplement, which date shall be not more than 60 days from the filing date.
      (1)   Hearing notice. Notice of such public hearing shall be given by the Council by one publication in a newspaper of general circulation in the city, at least 30 days before date of such hearing.
   (B)   Planning Commission recommendations. The Planning Commission shall, after receipt of application and all necessary data required by this chapter, recommend the approval or denial of the proposed amendment or approval of some modification thereof and shall submit such recommendation together with such application, the text pertaining thereto to the Council in accordance with the requirements of Appendix F. Failure to meet the deadline shall be interpreted as a positive recommendation.
Exception: City Council may, upon its own motion, extend the time limitation for specified periods of time when it considers the extension is warranted.
   (C)   Council action. No later than the second Council meeting after the required public hearing, the Council shall either adopt or deny the recommendations of the Planning Commission (§ 150.190) or adopt some modification thereof by a majority vote of all members of Council.
(Ord. 10-1986, passed 5-19-86)

§ 150.193 APPEAL OF COUNCIL'S DECISION.

   Any person adversely affected by an order of the City Council adopting, amending, or rescinding a regulation, may appeal to the Court of Common Pleas of the county on the ground that City Council failed to comply with the law in adopting, amending, rescinding, or publishing, such regulation, or that the regulation, as adopted or amended by Council is unreasonable or unlawful, or that the revision of the regulation was unreasonable or unlawful.
(Ord. 10-1986, passed 5-19-86)

§ 150.194 FEE.

   Each application for zoning amendment, except those initiated by the Planning Commission or City Council, shall be accompanied by a fee in accordance with § 150.200 and 150.201.
(Ord. 10-1986, passed 5-19-86)

§ 150.200 FEE SCHEDULE.

   The schedule of all fees and charges associated with this chapter is included in Chapter 156 (Comprehensive Fee Schedule).
(Ord. 10-1986, passed 5-19-86)

§ 150.201 COLLECTION OF FEES.

   No application requiring a fee or a deposit shall be accepted until such costs, charges, fees, or expenses listed above have been paid in full, nor shall any action be taken on proceedings before the Board of Zoning Appeals, Planning Commission, or City Council unless or until preliminary charges and fees have been paid in full.
(Ord. 10-1986, passed 5-19-86)

§ 150.301 PURPOSES, DEFINITIONS AND EFFECT.

   (A)   Purpose. It is the purpose of the regulations contained in this subchapter entitled Wireless and Cellular Telecommunications Towers and Facilities, to:
      (1)   Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the city;
      (2)   Minimize adverse visual effects of communications towers and support structures through proper siting, design and screening;
      (3)   Avoid potential damage to adjacent properties from communications towers and support structure failure; and
      (4)   Encourage the joint use of tall structures and any new and existing communications towers and support structures to reduce the number of such structures needed in the future.
   (B)   Definitions. As used in this section, the following terms shall have the meanings indicated:
      ALTERNATIVE TOWER STRUCTURE. Simulated trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
      ANTENNA. Any exterior apparatus designed for telephonic, radio or television communications through the sending, relaying and/or receiving of electromagnetic waves; including but not limited to directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips.
      CELLULAR COMMUNICATION SERVICES. Personal communications accessed by means of cellular equipment and services.
      CLEAR AND CONVINCING EVIDENCE. The measure of proof which will produce a firm belief as to the assertion sought to be established.
      CO-LOCATION. The process of providing space for more than one user on a tower or facility.
      CELLULAR or WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. Any building or structure, including equipment shelter, guy wire anchors, accessory to and necessary for the proper functioning of the cellular or wireless communications antenna or tower.
      HEIGHT. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure even if said highest point is an antenna.
      PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.
      TALL STRUCTURES. Any structure or building, including but not limited to, smoke stacks, water towers, buildings over 45' in height, antenna support structures of other cellular or wireless communication companies, and other communication towers.
      TOWER. Any freestanding structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, monopoles, and alternative tower structures.
      WIRELESS AND CELLULAR TELECOMMUNICATION EQUIPMENT. Antennas and satellite dishes, etc. which are used for transmitting, receiving or relaying communications signals, except as regulation of such equipment has been preempted by the Telecommunications Act of 1996.
      WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES. Any cable, wires, lines, wave guides, support structure, antennas and any other equipment or facilities associated with the transmission or reception of communications, as authorized by the Federal Communication Commission. However, the term Wireless Telecommunications Facilities shall not include:
      (1)   Any satellite earth station antenna 12' or less in diameter, regardless of zoning category.
      (2)   Antennas used by amateur radio operators are excluded from this definition.
   (C)   Effect on other zoning regulations. The provisions of any other zoning regulation of these Codified Ordinances notwithstanding, the provisions of this subchapter shall apply to all wireless and cellular telecommunications towers and facilities and shall supersede any contrary zoning regulation, including, but not limited to, zoning regulations related to essential services, public utilities and height restrictions, modifications and exceptions.
(Ord. 21-1997, passed 9-15-97)

§ 150.302 GENERAL REQUIREMENTS.

   (A)   Wireless and cellular telecommunications towers and facilities are either permitted uses or conditional uses in a variety of zoning districts contingent upon a number of requirements being met. These criteria are in place in an attempt to minimize adverse health, safety, public welfare or visual impacts through buffering, siting, design and construction, and reduction of the need for new towers.
   (B)   Application procedure as outlined in § 150.306 is required.
   (C)   Registration of wireless and cellular telecommunication towers and facilities is required by § 150.303.
   (D)   Shared usage of towers and transmission facilities is encouraged, and towers should be designed to accommodate such uses, including governmental telecommunication needs. Appropriate shared parking and access must be provided for co-located facilities on one tower.
   (E)   All wireless and cellular telecommunication facilities must be co-located with existing facilities except where the applicant can demonstrate by clear and convincing evidence that its facilities cannot be located on any other existing communication tower, building, or structure in the geographic area to be served, and that all reasonable means have been undertaken to avoid any undue impact caused by the "clustering" of towers within an area. The applicant must send a certified mail announcement to all other owners of existing towers and tall structure owners in the geographic area to be served stating their siting needs and/or sharing capabilities. In determining whether a facility can or cannot be located on another communication tower, building, or structure, the city shall consider the space available on an existing structure, the technological practicality of the co-location, the financial feasibility of the co-location, and such other factors as the city deems appropriate.
   (F)   Federal Aviation Administration regulations shall be met and requirements presented to the city prior to facility approval.
   (G)   The owner of any tower or facility shall indemnify and hold the city harmless against any and all claims, demands, suits, causes of action or judgment arising from any injury, including death or damage caused by the construction and operation of the tower or facility.
(Ord. 21-1997, passed 9-15-97; Am. Ord. 06-2023, passed 2-20-23)

§ 150.303 REGISTRATION OF WIRELESS AND CELLULAR TELECOMMUNICATIONS FACILITIES, CARRIERS AND PROVIDERS.

   (A)   All wireless and cellular telecommunications facilities within the city, and which are used to provide any telecommunications services for a fee are required to be registered by the owner and/or equipment owner. The registration forms shall be provided by the city. A fee of $120 plus $1 for each foot of tower height shall be charged for the registration.
   (B)   Each owner shall inform the city within 60 days of any changes to the information set forth in the registration form.
   (C)   Wireless telecommunication towers and facilities registration must be renewed on an annual basis, at the beginning of each year. The registration must be accompanied by the fee, which is $120 plus $1 for each foot of tower height. The telecommunications tower or facility owner/operator must submit the registration to the Community Development Department of the city by February 1 of the year for which registration is submitted.
   (D)   A late fee of $25 shall be charged for each month the registration and accompanying fee is not received by the city.
(Ord. 21-1997, passed 9-15-97)

§ 150.304 WIRELESS AND CELLULAR TELECOMMUNICATION TOWERS AND FACILITIES STRUCTURAL REQUIREMENTS.

   No wireless or cellular telecommunication tower and/or facility shall be designed and/or sited such that it poses a potential hazard to nearby improvements or surrounding properties. The structural integrity of towers and facilities must meet the applicable OBBC and EIA E-222 standards.
(Ord. 21-1997, passed 9-15-97)

§ 150.305 ZONING DISTRICTS AND LOCATIONS WHERE WIRELESS AND CELLULAR TELECOMMUNICATION TOWERS AND FACILITIES ARE PERMITTED.

   (A)   Permitted. Towers and facilities are a permitted use in M, Manufacturing District and IP, Industrial Park District subject to the provisions of § 150.309.
   (B)   Conditional uses. Towers and facilities not to exceed a total of 200' in height shall be a conditional use in the PB, Planned Business District when expressly authorized by the Planning Commission and subject to the provisions of § 150.309.
   (C)   Wireless and cellular telecommunication facilities to be attached to a structure shall be permitted in all zoning districts except residential subject to the provisions of § 150.310.
   (D)   City Council approval. Towers and facilities located on publicly owned property are permitted subject to the provisions of § 150.311.
(Ord. 21-1997, passed 9-15-97; Am. Ord. 06-2023, passed 2-20-23)

§ 150.306 APPLICATION PROCEDURE.

   (A)   Any person or company intending to apply for the placement or operation of a cellular or wireless communications tower or facility within the city shall first schedule a pre-application conference with the Community Development Director. At the conference, the prospective applicant must present to the Community Development Director any proposed locations for siting of towers and equipment. The information should identify possible locations, tower and tall structure heights, and the possibility of co-location.
   (B)   The purpose of the pre-application conference will be to generally evaluate the impact on adjacent areas and neighborhoods, discuss co-location, identify suitable sites that minimize any negative impact on surrounding areas.
   (C)   Upon the completion of the pre-application conference, an application may be filed with the Community Development Director. The applicant must comply with the requirements of this chapter.
   (D)   A $250 application fee will be charged for each new cellular or wireless telecommunication tower or facility. This fee shall be in addition to the applicable building permit fees. A $150 application fee will be charged for facilities that co-locate with an existing facility. The registration fee and registration form as provided for in § 150.303 shall not be required until February 1 of each year.
   (E)   The applicant may be asked to review plans with the Safety Service entities within the city to consider any requests the city may need to ensure public safety.
(Ord. 21-1997, passed 9-15-97)

§ 150.307 APPLICATION REQUIREMENTS.

   An applicant proposing to construct a new tower must submit an improvement plan in accordance with applicable zoning district requirements. In addition to a plan indicating compliance with the zoning district, the plan must include:
   (A)   The location of all existing facilities and towers owned or used by the applicant within the city and 1/4 mile outside the city limits. Provide the following information for each existing facility:
      (1)   Type and height of the tower and facilities at each location.
      (2)   The accessory equipment and/or building located at each site.
      (3)   The ground network and associated land lines utilized by each tower.
   (B)   The general location of planned future towers and facilities.
   (C)   For each proposed tower location shown on the plan, there must be a schedule showing:
      (1)   Type and height of the tower and facility at each location.
      (2)   The type of accessory equipment located or proposed on each tower.
      (3)   Type, size and location of any support structure accessory to the tower is being submitted.
      (4)   The ground network and associated land lines, if any, utilized by each site.
      (5)   A site plan showing the parcel on which any existing tower is located.
      (6)   Detailed drawing of screening plan and related landscaping design standards.
   (D)   Copies of certified mail announcements to all other owners of towers and tall structures must be attached to the application. See § 150.302(D) herein.
   (E)   Notification from the FAA describing any requirements to be set forth on the tower and its location.
(Ord. 21-1997, passed 9-15-97)

§ 150.308 EXISTING WIRELESS AND CELLULAR TELECOMMUNICATION TOWERS AND FACILITIES.

   Existing wireless and cellular telecommunication towers and facilities which do not comply with the conditions of this chapter at the time of its adoption, shall be classified as non-conforming. However, the owner and/or operator must comply with any registration requirements set forth in this chapter. Future co-location of facilities on existing towers and changes to the towers or facilities must comply with requirements of this chapter.
(Ord. 21-1997, passed 9-15-97)

§ 150.309 DESIGN STANDARDS FOR WIRELESS AND CELLULAR TELECOMMUNICATIONS TOWERS AND FACILITIES.

   (A)   All telecommunication towers, support structures, and associated facilities shall be enclosed within a minimum six foot high solid fence or barrier and a continuous evergreen hedge a minimum of 30" in height on the outside of the fence or barrier. Applicant is responsible for installation and maintenance of the fence or barrier and hedge.
   (B)   Proof shall be provided by the applicant in a form satisfactory to the Community Development Director that the proposed installation has been approved by and will be operated in compliance with all agencies and governmental entities having jurisdiction, including, but not limited to, the Ohio Department of Transportation, the Federal Aviation Administration, the Federal Communications Commission or the successors to their respective functions.
   (C)   Lights, beacons or strobes of any kind shall not be permitted on any tower, antenna, or facilities unless required by the Federal Aviation Administration. Any such requirements must be presented to the Community Development Director prior to city approval of the facility. Furthermore, telecommunication towers which would require special painting or lighting by the FAA regulations are discouraged.
   (D)   Setback requirements. Towers shall be located no closer than 250 feet from any R zoning district line, except for residentially zoned land that is operated by the Hamilton County Parks District, and no closer than 100 feet to a public street right of way and no closer to any property lines than 25% of the height of the proposed tower unless a variance is granted by the Planning Commission.
   (E)   The minimum size of a parcel on which a tower is located shall be one acre and no more than one tower may be located on a parcel. Parcel means a separate tract of land as determined by the Hamilton County Auditor's Office.
   (F)   No advertisement of any kind shall be installed on telecommunication towers and/or facilities.
   (G)   The towers shall be painted a non-contrasting gray or similar color minimizing their visibility, unless otherwise required by the Federal Communications Commission or Federal Aviation Administration. When permitted as a special exception, the Planning Commission may require an alternative tower structure to blend into the existing environment. The towers and accessory structures shall be well maintained.
   (H)   Towers shall be 200 feet or less in height.
(Ord. 21-1997, passed 9-15-97)

§ 150.310 DESIGN STANDARDS FOR WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES AS ATTACHMENTS TO EXISTING STRUCTURES.

   Telecommunication facilities on existing structures are permitted in all districts as specified in § 150.305, subject to the following standards:
   (A)   Existing tall structures include water towers, smoke stacks, buildings, lighting standards or other structures.
   (B)   Telecommunication facilities on existing structures must be aesthetically and architecturally compatible with the surrounding environment.
   (C)   The maximum height of such telecommunication facilities shall not exceed the lesser of 25 feet above the height of the structure or 25% of the height of the structure on which it is located. If located on a building, all attempts should be made to set back the facility from the exterior wall of the building.
(Ord. 21-1997, passed 9-15-97)

§ 150.311 STANDARDS FOR WIRELESS AND CELLULAR TOWERS AND FACILITIES ON PUBLICLY OWNED PROPERTY.

   (A)   Towers and facilities may be permitted on any city owned property subject to the following:
      (1)   The property must be leased from the city at its sole discretion.
      (2)   The maximum height and design of any tower and/or facility on city property shall be determined by Planning Commission and approved by City Council.
      (3)   All design standards in §§ 150.309 and 150.310, shall apply to towers and facilities under this subsection except for the setback requirements in § 150.309(D).
   (B)   Towers and facilities may be permitted on any other publicly owned property subject to the following:
      (1)   A special exception must be approved by the Planning Commission for any publicly owned property located in a district in which towers and/or facilities are not a principally permitted use.
      (2)   The maximum height of any tower and/or facility shall not exceed 200' in height.
      (3)   All design standards in §§ 150.309 and 150.310 shall apply to towers and facilities under this section except for setback requirements in § 150.309(D).
(Ord. 21-1997, passed 9-15-97)

§ 150.312 REMOVAL OF ABANDONED WIRELESS AND TELECOMMUNICATION TOWERS AND FACILITIES.

   (A)   All wireless and cellular telecommunication towers and facilities shall be removed within six months after they are no longer used or in the event that it is proven that the towers cause a health hazard. A telecommunication tower and/or facility shall be considered abandoned if non-operational for six consecutive months. All owners or operators of such towers or facilities shall notify the Community Development Director in writing of the date upon which such towers or facilities are no longer used.
   (B)   Wireless and cellular telecommunication towers and facilities which are not removed within six months after they are abandoned are hereby declared to be a public nuisance which shall be abated by removal of such tower and/or facilities.
   (C)   The Community Development Director shall serve written notice on the owner or operator of the tower and/or facilities and the lessee and/or owner of the property upon which such tower and facilities are located ordering removal of the tower and/or facilities within 120 days of the receipt of the notice.
   (D)   In the event that the tower and/or facilities are not removed within 120 days after the written notice, then the Community Development Director is authorized and directed to abate such public nuisance by causing the removal of the tower and/or facilities at the expense of the owner or lessee of the tower, facilities or property.
   (E)   The cost of removal of the tower and/or facilities by the city shall be certified to the Hamilton County Auditor as a lien for assessment and collection against the real property upon which the tower and/or facilities were located in the same manner as general taxes and returned to the city's general fund.
(Ord. 21-1997, passed 9-15-97)

§ 150.999 PENALTY.

   Any person, firm, or corporation, violating any of the provisions of this chapter, or any amendment or supplement thereof, shall be deemed guilty of a misdemeanor and, upon conviction thereof, in a court of competent jurisdiction, shall be fined not more than $100. Each and every day during which such violation, illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues shall be deemed a separate offense.
(Ord. 10-1986, passed 5-19-86)

§ G1. INTENT.

   It is the intent of the City Council, Planning Commission, and Economic Development Commission, that the development of the Towne Center Special Planning Area will meet the goals of creating a highly usable and desirable identity for the area as the center of the city while retaining compatibility with the surrounding areas, livability within the development itself through flexibility within the administration of the codes and ordinances to assure the marketability of the project to developers, builders, and the public.
(Ord. 10-1986, passed 5-19-86)

§ G2. STATUS OF USES.

   Uses within each of the SPA-1 Subdistricts as depicted on the conceptual development plan shall be governed by this section.
   (A)   SPA-1 Subdistrict A. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
      (1)   Principal permitted uses. (Reserved for future modifications.)
         (a)   Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
         (b)   Multi-family residences. Multi-family structures which are integrated into other nonresidential structures or multi-family dwellings incorporated into structures containing nonresidential uses.
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
   (B)   SPA-1 Subdistrict B. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
      (1)   Principal permitted uses.
         (a)   Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
      (2)   Special exceptions. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
   (C)   SPA-1 Subdistrict C. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
      (1)   Principal permitted uses.
         (a)   Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
   (D)   SPA-1 Subdistrict D. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
      (1)   Principal permitted uses.
         (a)   Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
   (E)   SPA-1 Subdistrict E. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
      (1)   Principal permitted uses.
         (a)   Administrative offices. In addition to the uses in Appendix B , general office functions of most uses are principal permitted uses in this Subdistrict.
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
   (F)   SPA-1 Subdistrict F. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
      (1)   Principal permitted uses.
         (a)   Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
   (G)   SPA-1 Subdistrict G. No building, structure, or land shall be used for any purpose except as indicated by this section.
      (1)   Principal permitted uses.
         (a)   Multi-family dwellings. In structures containing a maximum of 24 dwelling units.
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
   (H)   SPA-1 Subdistrict H. No building, structure, or land shall be used for any purpose except as indicated by this section.
      (1)   Principal permitted uses, recreational. Public parks, playgrounds, recreational and community center buildings and public golf courses, tennis courts, and similar recreational uses, all of a noncommercial nature; provided that any principal building or swimming pool shall be located not less than 100 feet from any lot or property line.
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
   (I)   (Reserved for future modifications.)
   (J)   SPA-1 Subdistrict J. No building, structure, or land shall be used for any purpose except as indicated by this section.
      (1)   Principal permitted uses: Public or private park land, unimproved open space, improved open space for public purposes such as the provision of storm water detention or retention.
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
   (K)   SPA-1 Subdistrict K. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code for the PB (Planned Business) District or as modified by this section.
      (1)   Principal permitted uses. (Reserved for future modifications.)
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
(Ord. 10-1986, passed 5-19-86; Am. Ord. 33-1986, passed 9-15-86; Am. Ord. 44-1986, passed 12-1-86; Am. Ord. 06-2023, passed 2-20-23) Penalty, see § 150.999

§ G3. PROCEDURES FOR DEVELOPMENT PLAN AND ZONE CHANGE REVIEW AND APPROVAL.

   No building permit shall be issued nor any plans be approved for zoning compliance for real estate in any of the "SPA-1" Subdistricts unless a final development plan, as defined and as governed by the procedures contained in this section is approved as being in substantial compliance with the approved conceptual development plan (see § G7, Exhibit G-1) and associated standards and requirements contained or referenced in this Appendix. The application for a development plan or a zone change approval of SPA-1 Zone may be accomplished in one of the following ways: Submission of a conceptual development plan. Note: This option applies only in cases where the proposal is not consistent with the existing approved conceptual development plan; submission of a preliminary development plan for all or a portion of a tract covered by the existing conceptual development plan; or simultaneous submission of preliminary development plan and a final development plan for all or a portion of the sites covered by the existing conceptual development plan.
   (A)   Conceptual development plan and zone change approval procedures. Every amendment or supplement to the SPA-1 District incorporating a development plan as an integral part of the zoning regulations applicable to the SPA-1 District shall be governed by the procedures included in this section in lieu of the similar procedures set out in §§ 150.190 through 150.192. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the City Council may, on its own motion or after recommendation thereon by the Planning Commission and subject to the procedure provided in this section, amend, supplement, or change the regulations, district boundaries, or classifications of property, now or hereafter established by this section or amendments thereof. It shall be the duty of the Commission to submit to the Council its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification, or change may be initiated by motion of the Council, by motion of the Commission, or by the filing of a verified application for same by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement.
      (1)   Submission of development plans. Any request for approval of an SPA-1 Conceptual Development Plan or a substantial revision to the existing SPA-1 Conceptual Development Plan shall be submitted to the Planning Commission for its review and shall be accompanied by a development plan as defined by this chapter, covering all parts of the tracts in question. Applications shall be submitted to the Planning Commission upon such forms specified by the Zoning Administrator and shall be accompanied by such data and information as will assure the fullest practicable presentation of facts for the permanent record together with the names and addresses of the property owners as found in the real estate department of the County Auditor's office of all abutting properties, all properties directly across any adjacent street right-of-way and the name and address of the applicant and the nature of his interest in the property. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for zone changes initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the Council shall be accompanied by its resolution pertaining thereto.
      (2)   Establishing Council public hearing. The Community Development Director shall forward the application to the Clerk of Council who shall, upon receipt of such application, set a Council public hearing on such proposed amendment or supplement, which date shall be not more than 60 days from the filing date.
         (a)   Hearing notice. Notice of such public hearing shall be given by the Council at least 30 days prior to the hearing by each of the following methods:
            1. Newspaper. By one publication in a newspaper of general circulation in the city.
            2. Mail. Notices shall be mailed by first class mail to the landowners required to be listed on the application and to the applicant.
            3. Signs. The posting of a sign on the property line adjoining each public street or along two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the signs shall be unobstructed from public view from the street or public right-of-way. The sign shall be provided by the City Manager and shall refer to the proposal affecting the property and the time and place of the public hearing. The sign shall be installed in such a manner as to withstand reasonable weather conditions.
         (b)   Planning Commission staff review and worksession.
            1. During the period between initial application and the scheduled Planning Commission worksession, the Staff Review Committee (SRC) shall review the development plan and other required submissions to determine their compliance with the provisions of this Appendix, generally accepted planning principles, plus Commission policies and other reviewing agencies. The Commission may adopt any existing publications as standards for use by the SRC.
            2. The SRC will then work with the applicant in an attempt to eliminate any conflicts which were detected in the above review prior to the date of the worksession at which time the SRC will report to the Commission the progress to date and any remaining unsolved problems or concerns.
         (c)   Planning Commission recommendations. The Planning Commission shall, after receipt of application and all necessary plans and data required by this chapter, recommend the approval or denial of the proposed amendment, supplement, district change, or approval of some modification thereof and shall submit such recommendation together with such application, the text and map pertaining thereto to the Council in accordance with the requirements of Appendix F. Failure to meet the deadline shall be interpreted as a positive recommendation. Exception: City Council may, upon its own motion, extend the time limitation for specified periods of time when it considers the extension is warranted.
         (d)   Council action. No later than the second Council meeting after the required public hearing, the Council shall either adopt or deny the recommendations of the Planning Commission or adopt some modification thereof by a majority vote of all members of Council.
         (e)   Zone change. If the boundary of the revised conceptual plan is different from the existing boundary of the SPA-1 District; the zoning map shall upon approval of the revised conceptual development plan also be amended indicating the exact boundaries of the zone change approved.
         (f)   SPA basic requirements. The ordinance approving the conceptual development plan shall comply with the requirements of the SPA District requirements contained in §§ 150.100 through 150.105.
   (B)   Preliminary development plan approval procedures. The preliminary development plan approval is similar to that of the conceptual with the exception that the required Council public hearing and approval are waived when the preliminary development plan is in substantial conformance with the approved conceptual development plan.
      (1)   Submission of development plans. Any request for approval of an SPA-1 development plan shall be submitted to the Planning Commission for its review and shall be accompanied by a development plan as defined by this chapter, covering all parts of the tracts in question. Application shall be submitted to the Planning Commission upon such forms specified by the Zoning Administrator. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the Council shall be accompanied by its resolution pertaining thereto.
      (2)   Staff Review Committee.
         (a)   During the period between initial application and the scheduled Planning Commission worksession, the Staff Review Committee (SRC) shall review the development plan and other required submissions to determine their compliance with the provisions of this Appendix, generally accepted planning principles, plus Commission policies and other reviewing agencies. The Commission may adopt any existing publications as standards for use by the SRC.
         (b)   The SRC will then work with the applicant in an attempt to eliminate any conflicts which were detected in the above review prior to the date of the worksession at which time the SRC will report to the Commission the progress to date and any remaining unsolved problems or concerns.
      (3)   Planning Commission action. The Planning Commission shall, after receipt of application and all necessary plans and data required by this chapter, approve or deny the preliminary development plan or approve some modification thereof no later than the third regularly scheduled Planning Commission meeting date following the date of a complete submission. Failure to meet the deadline shall be interpreted as a positive recommendation. Exception: City Council may, upon its own motion, extend the time limitation for specified periods of time when it considers the extension is warranted.
   (C)   Final development plan approval procedures. The final development plans and improvement plans shall be approved by the Commission only if it is found to be in substantial agreement with the approved conceptual development plan and preliminary development plan. The approval process is identical to that of a preliminary development plan.
   (D)   Revision to approved plan. After the final development plan has been approved by the Commission, the following provisions will apply to any changes to that plan:
      (1)   Minor revisions. In the course of carrying out this final plan, adjustments or minor rearrangements of buildings, parking areas, loading areas, entrances, heights of structures, or yards may be requested by the proponents, and provided the requests conform to the standards established by the conceptual development plan and this chapter, such adjustments or rearrangements may be authorized by the Staff Review Committee. The SRC may, on its recommendations, defer approval of specific minor revisions to the Planning Commission.
      (2)   Substantial variations. Any application for a substantial variation from the approved preliminary or final development plan involving a new plan, additional buildings or structures, changes in land use or density increases shall be submitted to the same review process as the final development plan. When changes are such that the resulting plan would not be consistent with the existing conceptual development plan, the applicant must start at the conceptual development plan stage.
   (E)   Time limitations of approvals.
      (1)   Zoning. Once the SPA-1 District has been created, it can be changed only through the zoning code provisions for a zone change.
      (2)   The conceptual development plan. The plan shall remain in effect until changed by ordinance of Council through the process described herein for the review and approval of a conceptual development plan.
      (3)   Preliminary development plan. Approval of the preliminary development plan shall be an approval of the design features of the tract only and the City Engineer or other officials having jurisdiction may modify engineering or construction details as may be necessary for the protection of the public interest. The preliminary development plan approval shall be valid for a period of 12 consecutive calendar months only. The preliminary plat shall be subject to required annual review to bring the remaining portions of the preliminary development plan not currently part of an approved final development plan, record plat or approved improvement plan into compliance with the zoning ordinance in effect on the date of the renewal.
      (4)   Improvement plan. Improvement plan (when required by the subdivision rules and regulations), within five years of the approval of the improvement plans, construction shall be initiated on same. Construction of all improvements approved as part of the improvement plan shall be completed within three years from the date of approval of the commencement of the work, unless good cause can be shown for the granting of an extension of time, which extension shall be made by Council.
      (5)   Final development plan. The final development plan shall remain valid for a period of three years after it is approved. An extension of time may be authorized by Council provided that the request is first referred to the Planning Commission for study and recommendation.
(Ord. 10-1986, passed 5-19-86)

§ G4. SUBMISSION REQUIREMENTS FOR DEVELOPMENT PLAN AND ZONE CHANGE.

   Specific submission requirements may be waived by the Staff Review Committee (SRC) if the Committee judges the requirement to be inappropriate for the particular situation.
   (A)   Conceptual development plans.
      (1)   Conceptual development plans drawn to a scale not smaller than one inch equals 100 feet shall include the following as a minimum:
         (a)   Legal description. Metes and bounds description of parcels if the submission is not within the boundaries of the existing SPA-1 District.
         (b)   Circulation. Basic route of major pedestrian and vehicular ways within the project and their intersection with existing right-of-way.
         (c)    Topography. Topography at a minimum of five feet intervals.
         (d)   Land use. Schematic presentation of basic land uses and their relationship to existing vegetation, topography, and other natural usual aspects of the site including a description of proposed uses in the nonresidential portions of the site.
         (e)   Density. Net density of the residential areas and an indication of the types of structure, for example, four-family, highrise, garden apartments, attached single family, and the like.
         (f)   Transition. Description of how transitions will be accomplished between the SPA-1 District and adjacent districts.
      (2)   The aforementioned information required may be combined in any suitable and convenient manner so long as the data required is clearly indicated. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.
      (3)   It should be noted that, at the applicant's option, the official request for a zone change could be submitted after approval of the conceptual development plan. This would eliminate the need for metes and bounds descriptions with the conceptual development plan application.
   (B)   Preliminary development plan. Preliminary development plans drawn to a scale not smaller than one inch equals 100 feet shall be in general conformity to the conceptual development plan and shall include the following as a minimum:
      (1)   Area. The total area in the project;
      (2)   Zones. The present zoning of the subject property and all adjacent properties;
      (3)   Rights-of-way and easements. All public and private rights-of-way and easement lines located on or adjacent to the subject property which are proposed to be continued, created, enlarged, relocated, or abandoned;
      (4)   Topography. Existing topography and approximate delineation of any topographical changes shown by contour with intervals not to exceed five feet;
      (5)   Residential uses. Delineation of all existing and proposed residential areas in the project with a statement indicating net density of the total projects. Location and description of the various housing types (for example, townhouse, fourplex, garden apartment, and the like) including approximate heights of typical structures and the approximate number of units by housing types. Minimum living area of various types of dwelling units and percentage mix of each type.
      (6)   Nonresidential uses. Delineation of all existing and proposed nonresidential buildings, structures, and uses in the project:
         (a)   Commercial uses. Location and types of all uses including approximate number of acres, gross floor area, and heights of buildings.
         (b)   Open space recreation. The approximate amount of area proposed for common open space, including the location of recreational facilities and identification of unique natural features to be retained.
         (c)   Other public and semi-public uses. Location and type of all uses, including approximate number of acreage and height of building.
      (7)   Pedestrian circulation. Location of proposed pedestrian walkways, identifying approximate dimensions.
      (8)   Streets. Location of proposed streets, identifying approximate dimensions of pavement, right-of-way widths, and grades.
      (9)   Utilities. Location of all existing and proposed water, sanitary sewer, and storm drainage lines, indicating approximate pipe size. Indication should also be given regarding the provision of electric and telephone service.
      (10)   Utility available. Certification from appropriate water, sewer, gas, and electric agencies that services will be available at the expected time of development.
      (11)   Soil types. Identification of the soil types and geological formation of the subject property, indicating anticipated problems and proposed methods of handling said problems.
      (12)   Other. Other information that may be determined necessary for description or to insure proper integration of the proposed project in the area.
      (13)   Parking and loading. General size and location of parking and loading facilities.
      (14)   Development schedule. A schedule of development, including the staging and phasing of:
         (a)   Residential. Residential area, in order of priority, by type of dwelling units.
         (b)   Public facilities. Streets, utilities, and other public facility improvements, in order of priority.
         (c)   Dedication. Dedication of land to public use or set aside for common ownership.
         (d)   Nonresidential buildings. Nonresidential buildings and uses, in order of priority.
   (C)   Final development plan.
      (1)   The final development plan drawn to scale of not smaller than one inch equals 50 feet shall be in substantial conformity to the conceptual development plan and shall include the following as a minimum:
         (a)   Topography. The existing and proposed finished topography of the subject property shown by contours with intervals not to exceed one foot. Where conditions exist that may require more detailed information on the proposed topography, contours with intervals of less than five feet may be required by the Planning Commission.
         (b)   Residential. All housing units on the subject property showing location, height, and elevations of all buildings indicating the number of units in each building, the living area in each dwelling unit, and location, arrangement, and dimensions of all lots.
         (c)   Nonresidential. Location, height, arrangement, and identification of all nonresidential buildings and uses on the subject property and, where applicable, location and arrangement of all lots with lot dimensions.
         (d)   Open space and recreational. Location and arrangement of all common open space areas, and recreational facilities, including lot dimensions. Methods of ownership and operation and maintenance of such lands shall be identified.
         (e)   Landscaping. Landscaping features, including identification of planting areas and the location, type, and height of walls and fences.
         (f)   Signs. Location of signs indicating their orientation, size, and height in enough detail to assure reasonable compatibility throughout the project;
         (g)   Utilities. All utility lines and easements:
            1. Water. Water distribution systems, including line sizes, width of easements, type of pipe, location of hydrants and valves, and other appurtenances.
            2. Sanitary sewer. Sanitary sewer system, including pipe size, gradients, type of pipes, invert elevations, location and type of manholes, width of easements, the location, type, size, and capacity of all lift or pumping stations.
            3. Other utilities. Other utilities (for example, electric, telephone, cable TV, and the like) including the type of service and the width of easements.
         (h)   Parking and loading. Location of all off-street parking, loading or unloading, and driveway areas, including cross-sections, the type of surfacing, dimensions, and the number and arrangement of off-street parking, and loading or unloading spaces.
         (i)   Circulation system:
            1. Pedestrian. Pedestrian walkways, including alignment, grades, type of surfacing, and width.
            2. Streets. Public and private streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details, and typical cross-section.
         (j)   Development schedule. A schedule of development, including the staging or phasing of:
            1. Residential. Residential area, in order of priority, by type or dwelling unit.
            2. Streets. Streets, utilities, and other public facility improvements, in order of priority.
            3. Public/common area. Dedication of land to public use or set aside for common ownership.
            4. Nonresidential uses. Nonresidential buildings and uses, in order of priority.
      (2)   The aforementioned information may be combined in any suitable and convenient manner that clearly presents the required data.
(Ord. 10-1986, passed 5-19-86)

§ G5. DEVELOPMENT STANDARDS.

   The basic requirements of Appendix C of the zoning code pertaining to the SPA-1 District and those standards or requirements contained on the development plan or referenced thereon shall apply except when modified or supplemented.
(Ord. 10-1986, passed 5-19-86)

§ G6. DEVIATIONS FROM OTHER REGULATIONS.

   Those aspects of the various codes referenced in this section are by this ordinance made an exception for the properties in the SPA-1 District. There shall be no variance required in cases where a plan conforms to these revised requirements.
   (A)   Chapter 51 Stormwater Management Code. Off-site detention/retention facilities will be provided by the city thus eliminating the need for individual building sites to provide their own on-site detention facilities unless specifically required by the City Engineer.
   (B)   Chapter 90 Sign Code. Buildings with exposure on I-275 shall be allowed to have signs on the same property as the buildings which are constructed larger and taller than the code allows with the approval of the Planning Commission without a variance. Signs for a development shall be included in the development plan and be designed in such a manner that a minimum of two design elements are consistent through the entire SPA-1 District. Approval of a sign as part of the final development plan constitutes compliance with the Sign Code.
   (C)   Chapter 151 Subdivision Rules and Regulations.
      (1)   Cul-de-sacs. Cul-de-sacs may have a length greater than that allowed by the city's Subdivision Code (adopted by reference in Chapter 151) but any deviation from those requirements must be specifically justified to and agreed upon by the Planning Commission.
      (2)   Private streets. Private streets are allowed but shall conform to the city requirements as contained in the Appendix to the city's Subdivision Code entitled: "Standard Construction Drawings Legend".
      (3)   Sidewalks. Sidewalks on street rights-of-way can be eliminated if a pedestrian circulation system is provided in accordance with the conceptual development plan.
      (4)   Standard drawings. The Appendix to the city's Subdivision Code entitled: "Standard Construction Drawings Legend" are a basis of the requirements for improvements in the SPA-1 District. However, the City Engineer can deviate from those specifications when, in his judgment, the conditions warrant a greater or lesser specification.
      (5)   Street trees. The Staff Review Committee shall evaluate the street trees using the Appendix to the City's Subdivision Code entitled: “Street Tree Planting in Public Rights-of-Way” as a basis of their review but not being limited by it.
(Ord. 10-1986, passed 5-19-86)

§ G7. EXHIBIT G-1: CONCEPTUAL DEVELOPMENT PLAN.

(Ord. 10-1986, passed 5-19-86; Am. Ord. 34-1986, passed 9-15-86)

§ H1. INTENT.

   It is the intent of the City Council and Planning Commission that the development of the Special Planning Area (SPA) No. 2 will meet the goals of creating a highly usable and desirable identity for the area as an integral element of the center of Forest Park while retaining compatibility with the surrounding areas, livability within the development itself through flexibility within the administration of the codes and ordinances to assure the marketability of the project to developers, builders and the public.
(Ord. 10-1986, passed 5-19-86)

§ H2. STATUS OF USES.

   Uses within each of the SPA-2 Subdistricts as depicted on the conceptual development plan (see § H7, Exhibit H-1), which is attached to and made a part of this ordinance, shall be governed by this section.
   (A)   SPA-2 Subdistrict A. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the zoning code or as modified by this section.
      (1)   Principal permitted uses. (Reserved for future modifications.)
         (a)   Administrative offices. In addition to the uses in Appendix B of the zoning code, general office functions of most uses are principal permitted uses in this Subdistrict.
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
   (B)   SPA-2 Subdistrict B. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the zoning code or as modified by this section.
      (1)   Principal permitted uses. (Reserved for future modifications.)
         (a)   Administrative offices. In addition to the uses in Appendix B of the zoning code, general office functions of most uses are principal permitted uses in this Subdistrict.
      (2)   Conditional uses. (Reserved for future modifications.)
      (3)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (4)   Prohibited uses. (Reserved for future modifications.)
(Ord. 10-1986, passed 5-19-86; Am. Ord. 06-2023, passed 2-20-23)

§ H3. PROCEDURES FOR DEVELOPMENT PLAN AND ZONE CHANGE REVIEW AND APPROVAL.

   No building permit shall be issued nor any plans be approved for zoning compliance for real estate in any of the SPA-2 Subdistricts unless a final development plan, as defined and as governed by the procedures contained in this section is approved as being in substantial compliance with the approved conceptual development plan (see § H7, Exhibit H-1) and associated standards and requirements contained or referenced in this Appendix. The application for a development plan or a zone change approval of SPA-2 zone may be accomplished in one of the following ways: Submission of a conceptual development plan. Note: This option applies only in cases where the proposal is not consistent with the existing approved conceptual development plan; submission of a preliminary development plan for all or a portion of a tract covered by the existing conceptual development plan; or simultaneous submission of preliminary development plan and a final development plan for all or a portion of the sites covered by the existing conceptual development plan.
   (A)   Conceptual development plan and zone change approval procedures. Every amendment or supplement to the SPA-2 District incorporating a development plan as an integral part of the zoning regulations applicable to the SPA-2 District shall be governed by the procedures included in this section in lieu of the similar procedures set out in §§ 150.190 through 150.192. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the City Council may, on its own motion or after recommendation thereon by the Planning Commission and subject to the procedure provided in this section, amend, supplement, or change the regulations, district boundaries, or classifications of property, now or hereafter established by this section or amendments thereof. It shall be the duty of the Planning Commission to submit to the City Council its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification, or change may be initiated by motion of the City Council, by motion of the Planning Commission, or by the filing of a verified application for same by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement.
      (1)   Submission of development plans. Any request for approval of an SPA-2 conceptual development plan or a substantial revision to the existing SPA-2 conceptual development plan shall be submitted to the Planning Commission for its review and shall be accompanied by a development plan as defined by this chapter, covering all parts of the tracts in question. Application shall be submitted to the Planning Commission upon such forms specified by the Zoning Administrator and shall be accompanied by such data and information as will assure the fullest practicable presentation of facts for the permanent record together with the names and addresses of the property owners as found in the real estate department of the County Auditor's office of all abutting properties, all properties directly across any adjacent street right-of-way and the name and address of the applicant and the nature of his interest in the property. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for zone changes initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the City Council shall be accompanied by its resolution pertaining thereto.
      (2)   Establishing City Council public hearing. The Community Development Director shall forward the application to the Clerk of Council who shall, upon receipt of such application, set a City Council public hearing on such proposed amendment or supplement, which date shall be not more than 60 days from the filing date.
         (a)   Hearing notice. Notice of such public hearing shall be given by the City Council at least 30 days prior to the hearing by each of the following methods:
            1. Newspaper. By one publication in a newspaper of general circulation in the city.
            2. Mail. Notices shall be mailed by first class mail to the landowners required to be listed on the application and to the applicant.
            3. Signs. The posting of a sign on the property line adjoining each public street or along two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the signs shall be unobstructed from public view from the street or public right-of-way. The signs shall be provided by the City Manager and shall refer to the proposal affecting the property and the time and place of the public hearing. The signs shall be installed in such a manner as to withstand reasonable weather conditions.
         (b)   Planning Commission staff review and worksession.
            1. During the period between initial application and the scheduled Planning Commission worksession, the Staff Review Committee (SRC) shall review the development plan and other required submissions to determine their compliance with the provisions of this Appendix, generally accepted planning principals, plus Planning Commission policies and other reviewing agencies. The Planning Commission may adopt any existing publications as standards for use by the SRC.
            2. The SRC will then work with the applicant in an attempt to eliminate any conflicts which were detected in the above review prior to the date of the worksession at which time the SRC will report to the Planning Commission the progress to date and any remaining unsolved problems or concerns.
         (c)   Planning Commission recommendations. The Planning Commission shall, after receipt of application and all necessary plans and data required by this chapter, recommend the approval or denial of the proposed amendment, supplement, district change, or approval of some modification thereof and shall submit such recommendation together with such application, the text and map pertaining thereto to the City Council in accordance with the requirements of Appendix F. Failure to meet the deadline shall be interpreted as a positive recommendation. Exception: City Council may, upon its own motion, extend the time limitation for specified periods of time when it considers the extension is warranted.
         (d)   City Council action. No later than the second City Council meeting after the required public hearing, the City Council shall either adopt or deny the recommendations of the Planning Commission or adopt some modification thereof by a majority vote of all members of City Council.
         (e)   Zone change. If the boundary of the revised conceptual plan is different from the existing boundary of the SPA-2 District, the zoning map shall upon approval of the revised conceptual development plan also be amended indicating the exact boundaries of the zone change approved.
         (f)   SPA basic requirements. The ordinance approving the conceptual development plan shall comply with the requirements of the SPA District requirements contained in §§ 150.100 through 150.105.
   (B)   Preliminary development plan approval procedures. The preliminary development plan approval is similar to that of the conceptual with the exception that the required City Council public hearing and approval are waived when the preliminary development plan is in substantial conformance with the approved conceptual development plan.
      (1)   Submission of development plans. Any request for approval of an SPA-2 development plan shall be submitted to the Planning Commission for its review and shall be accompanied by a development plan as defined by this chapter, covering all parts of the tracts in question. Application shall be submitted to the Planning Commission upon such forms specified by the Zoning Administrator. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the City Council shall be accompanied by its resolution pertaining thereto.
      (2)   Staff Review Committee.
         (a)   During the period between initial application and the scheduled Planning Commission worksession, the Staff Review Committee (SRC) shall review the development plan and other required submissions to determine their compliance with the provisions of this ordinance, generally accepted planning principals, plus Planning Commission policies and other reviewing agencies. The Planning Commission may adopt any existing publications as standards for use by the SRC.
         (b)   The SRC will then work with the applicant in an attempt to eliminate any conflicts which were detected in the above review prior to the date of the worksession at which time the SRC will report to the Planning Commission the progress to date and any remaining unsolved problems or concerns.
      (3)   Planning Commission action. The Planning Commission shall, after receipt of application and all necessary plans and data required by this chapter, approve or deny the preliminary development plan or approve some modification thereof no later than the third regularly scheduled Planning Commission meeting date following the date of a complete submission. Failure to meet the deadline shall be interpreted as a positive recommendation. Exception: City Council may, upon its own motion, extend the time limitation for specified periods of time when it considers the extension is warranted.
   (C)   Final development plan approval procedures. The final development plans and improvement plans shall be approved by the Planning Commission only if it is found to be in substantial agreement with the approved conceptual development plan and preliminary development plan. The approval process is identical to that of a preliminary development plan.
   (D)   Revision to approved plan. After the final development plan has been approved by the Planning Commission, the following provisions will apply to any changes to that plan:
      (1)   Minor revisions. In the course of carrying out this final plan, adjustments or minor rearrangements of buildings, parking areas, loading areas, entrances, heights of structures, or yards may be requested by the proponents, and provided the requests conform to the standards established by the conceptual development plan and this chapter, such adjustments or rearrangements may be authorized by the Staff Review Committee. The SRC may on its recommendation defer approval of a specific minor revision to the Planning Commission.
      (2)   Substantial variations. Any application for a substantial variation from the approved preliminary or final development plan involving a new plan, additional buildings or structure, changes in land use or density increases shall be submitted to the same review process as the final development plan. When changes are such that the resulting plan would not be consistent with the existing conceptual development plan, the applicant must start at the conceptual development plan stage.
   (E)   Time limitations of approvals.
      (1)   Zoning. Once the SPA-2 District has been created, it can be changed only through the zoning code provisions for a zone change.
      (2)   The conceptual development plan. The plan shall remain in effect until changed by ordinance of City Council through the process described herein for the review and approval of a conceptual development plan.
      (3)   Preliminary development plan. Approval of the preliminary development plan shall be an approval of the design features of the tract only and the City Engineer or other officials having jurisdiction may modify engineering or construction details as may be necessary for the protection of the public interest. The preliminary development plan approval shall be valid for a period of 12 consecutive calendar months only. The preliminary plat shall be subject to required annual review to bring the remaining portions of the preliminary development plan not currently part of an approved final development plan, record plat, or approved improvement plan into compliance with the zoning ordinance in effect on the date of the renewal.
      (4)   Improvement plan. Improvement plan (when required by the subdivision rules and regulations), within five years of the approval of the improvement plans, construction shall be initiated on same. Construction of all improvements approved as part of the improvement plan shall be completed within three years from the date of approval of the commencement of the work, unless good cause can be shown for the granting of an extension of time, which extension shall be made by City Council.
      (5)   Final development plan. The final development plan shall remain valid for a period of three years after it is approved. An extension of time may be authorized by City Council provided that the request is first referred to the Planning Commission for study and recommendation.
(Ord. 10-1986, passed 5-19-86)

§ H4. SUBMISSION REQUIREMENTS FOR DEVELOPMENT PLAN AND ZONE CHANGE.

   Specific submission requirements may be waived by the Staff Review Committee (SRC) if the Committee judges the requirement to be inappropriate for the particular situation.
   (A)   Conceptual development plans.
      (1)   Conceptual development plans drawn to a scale not smaller than one inch equals 100 feet shall include the following as a minimum:
         (a)   Legal description. Metes and bounds description of parcels if the submission is not within the boundaries of the existing SPA-2 District.
         (b)   Circulation. Basic route of major pedestrian and vehicular ways within the project and their intersection with existing right-of-way.
         (c)    Topography. Topography at a minimum of five feet intervals.
         (d)   Land use. Schematic presentation of basic land uses and their relationship to existing vegetation, topography, and other natural usual aspects of the site including a description of proposed uses in the nonresidential portions of the site.
         (e)   Density. Net density of the residential areas and an indication of the types of structure, for example, four-family, highrise, garden apartments, attached single-family, and the like.
         (f)   Transition. Description of how transitions will be accomplished between the SPA-1 District and adjacent districts.
      (2)   The aforementioned information required may be combined in any suitable and convenient manner so long as the data required is clearly indicated. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.
      (3)   It should be noted that, at the applicant's option, the official request for a zone change could be submitted after approval of the conceptual development plan. This would eliminate the need for metes and bounds descriptions with the conceptual development plan application.
   (B)   Preliminary development plan. Preliminary development plans drawn to a scale not smaller than one inch equals 100 feet shall be in general conformity to the conceptual development plan and shall include the following as a minimum:
      (1)   Area. The total area in the project;
      (2)   Zones. The present zoning of the subject property and all adjacent properties;
      (3)   Rights-of-way and easements. All public and private rights-of-way and easement lines located on or adjacent to the subject property which are proposed to be continued, created, enlarged, relocated, or abandoned;
      (4)   Topography. Existing topography and approximate delineation of any topographical changes shown by contour with intervals not to exceed five feet;
      (5)   Nonresidential uses. Delineation of all existing and proposed nonresidential buildings, structures, and uses in the project:
         (a)   Commercial uses. Location and types of all uses including approximate number of acres, gross floor area, and heights of buildings.
         (b)   Open space recreation. The approximate amount of area proposed for common open space, including the location of recreational facilities and identification of unique natural features to be retained.
         (c)   Other public and semi-public uses. Location and type of all uses, including approximate number of acreage and height of building.
      (6)   Pedestrian circulation. Location of proposed pedestrian walkways, identifying approximate dimensions.
      (7)   Streets. Location of proposed streets, identifying approximate dimensions of pavement, right-of-way widths, and grades.
      (8)   Utilities. Location of all existing and proposed water, sanitary sewer, and storm drainage lines, indicating approximate pipe size. Indication should also be given regarding the provision of electric and telephone service.
      (9)   Utility available. Certification from appropriate water, sewer, gas, and electric agencies that services will be available at the expected time of development.
      (10)   Soil types. Identification of the soil types and geologic formation on the subject property, indicating anticipated problems and proposed methods of handling said problems.
      (11)   Other. Other information that may be determined necessary for description or to insure proper integration of the proposed project in the area.
      (12)   Parking and loading. General size and location of parking and loading facilities.
      (13)   Development schedule. A schedule of development, including the staging and phasing of:
         (a)   Public facilities. Streets, utilities, and other public facility improvements, in order of priority.
         (b)   Dedication. Dedication of land to public use or set aside for common ownership.
         (c)   Buildings. Buildings and uses, in order of priority.
   (C)   Final development plan.
      (1)   The final development plan drawn to scale of not smaller than one inch equals 50 feet shall be in substantial conformity to the conceptual development plan and shall include the following as a minimum:
         (a)   Topography. The existing and proposed finished topography of the subject property shown by contours with intervals not to exceed one foot. Where conditions exist that may require more detailed information on the proposed topography, contours with intervals of less than five feet may be required by the Planning Commission.
         (b)   Buildings. Location, height, arrangement, and identification of all buildings and uses on the subject property and, where applicable, location and arrangement of all lots with lot dimensions.
         (c)   Open space and recreational. Location and arrangement of all common open space areas, and recreational facilities, including lot dimensions. Methods of ownership and operation and maintenance of such lands shall be identified.
         (d)   Landscaping. Landscaping features, including identification of planting areas and the location, type, and height of walls and fences.
         (e)   Signs. Location of signs indicating their orientation, size, and height in enough detail to assure reasonable compatibility throughout the project;
         (f)   Utilities. All utility lines and easements:
            1. Water. Water distribution systems, including line sizes, width of easements, type of pipe, location of hydrants and valves, and other appurtenances.
            2. Sanitary sewer. Sanitary sewer system, including pipe size, gradients, type of pipes, invert elevations, location and type of manholes, width of easements, the location, type, size, and capacity of all lift or pumping stations.
            3. Other utilities. Other utilities (for example, electric, telephone, cable TV, and the like) including the type of service and the width of easements.
         (g)   Parking and loading. Location of all off-street parking, loading or unloading, and driveway areas, including cross-sections, the type of surfacing, dimensions, and the number and arrangement of off-street parking, and loading or unloading spaces.
         (h)   Circulation system:
            1. Pedestrian. Pedestrian walkways, including alignment, grades, type of surfacing, and width.
            2. Streets. Public and private streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details, and typical cross-section.
         (i)   Development schedule. A schedule of development, including the staging or phasing of:
            1. Streets. Streets, utilities, and other public facility improvements, in order of priority.
            2. Public/common area. Dedication of land to public use or set aside for common ownership.
            3. Buildings. Buildings and uses, in order of priority.
      (2)   The aforementioned information may be combined in any suitable and convenient manner that clearly presents the required data.
(Ord. 10-1986, passed 5-19-86)

§ H5. DEVELOPMENT STANDARDS.

   The basic requirements of Appendix C of the zoning code pertaining to the SPA-2 District shall apply except when modified by this section.
   (A)   Site access. The access points on Winton Road and Kemper Road as indicated on the conceptual development plan shall be connected by a continuous vehicular route with a consistent cross-section separated from all parking areas and parking spaces by a physical design feature to be approved by the Planning Commission as part of the preliminary development plan. If the total SPA-2 District is not retained under a single ownership, said vehicular route shall be in a permanent access easement of a width approved by the Planning Commission. The access to the emergency entrance from Imprint Lane shall have a direct connection to vehicular route connecting the primary Winton and Kemper Road entrances. The direct connection shall also be of a design approved by the Planning Commission.
   (B)   Site screening. Screening will be required to be provided along the eastern property line of the district to screen the activities in the district from the adjacent single-family residences. Said screening shall conform in spirit with § H8, Exhibit H-2.
   (C)   Imprint Lane. Imprint Lane shall not extend into the SPA-2 District. The terminus of Imprint Lane shall be designed in a manner consistent with the spirit of § H9, Exhibit H-3.
   (D)   Dumpsters. Dumpsters shall be screened in a manner consistent with the spirit of § H10, Exhibit H-4 and shall not be located within 100 feet of the eastern or southern SPA-2 District boundary.
   (E)   Exterior lighting. Exterior lighting shall be of a type which can be shielded from the adjacent residential properties. The mounting height of the luminaries shall be specifically approved by the staff.
(Ord. 10-1986, passed 5-19-86)

§ H6. DEVIATIONS FROM THE CODE OF ORDINANCES.

   (A)   Those aspects of the various codes referenced in this section are by this chapter made an exception for the properties in the SPA-2 District. There shall be no variance required in cases where a plan conforms to these revised requirements.
   (B)   Chapter 51 Stormwater Management Code. In this district, the City Engineer may require that stormwater detention/retention be oversized to accommodate detention requirements from off-site. In such a situation, the city will pay the increased cost over that required to meet the requirements for the SPA-2 District.
(Ord. 10-1986, passed 5-19-86)

§ J1. INTENT.

   It is the intent of the City Council and Planning Commission that the development of the Special Planning Area (SPA) No. 4 will meet the goals of the Forest Park Redevelopment Plan, maintain and enhance compatibility with the surrounding retail, office, manufacturing and multifamily residential areas, ensure livability within the development itself through flexibility within the administration of the codes and ordinances, and assure the marketability of the project to developers, builders and the public.
(Ord. 31-2022, passed 8-1-22)

§ J2. STATUS OF USES.

   No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the zoning code or as modified by this section.
   (A)   Principal permitted uses.
      (1)   Administrative offices. In addition to the uses in Appendix B of the zoning code, general office functions of most uses are principal permitted uses in this District.
      (2)   SPA-1(A) permitted uses. Those uses listed as permitted in SPA-1(A) in Appendix B are permitted uses in this district.
      (3)   Fabricated metal products. Those uses in major group 34 (machinery, except electrical) listed as permitted in the M District.
   (B)   Conditional uses.
      (1)   SPA-1(A) conditional uses. Those uses listed as conditional uses in SPA-1(A) in Appendix B are conditional uses in this district.
      (2)   Fabricated metal products. Those uses in major group 34 (machinery, except electrical) listed as conditional uses in the M District.
      (3)   Machinery. Those uses in major group 35 (machinery, except electrical) listed as conditional uses in the M District.
   (C)   Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and conditional uses on the same lot therewith.
      (1)   Guest suites. Overnight lodging operated by the principal permitted user for clients customers and the like, and not open to the general public.
   (D)   Prohibited uses.
      (1)   Offensive uses. Offensive uses as described in § J5(E).
      (2)   Used merchandise stores.
      (3)   Adult entertainment facilities.
      (4)   Bars and lounges. Drinking establishments, including any establishment with a Class “D” liquor permit or application, unless classified as a restaurant by the Zoning Administrator.
      (5)   All other uses not allowed herein as a principal permitted use, conditional use, or accessory use.
(Ord. 31-2022, passed 8-1-22; Am. Ord. 06-2023, passed 2-20-23)

§ J3. PROCEDURES FOR DEVELOPMENT PLAN AND ZONE CHANGE REVIEW AND APPROVAL.

   The procedures of § 150.150 (Planned Projects) shall be followed for review and approval of Development Plans and zone changes in the SPA-4 District.
(Ord. 31-2022, passed 8-1-22)

§ J4. SUBMISSION REQUIREMENTS FOR DEVELOPMENT PLANS.

   Specific submission requirements may be waived by the Director of Community Development if the requirement is determined to be inappropriate for the particular situation.
   (A)   Preliminary development plan. Preliminary development plans drawn to a scale not smaller than one inch equals 100 feet shall be in general conformity to the conceptual development plan and shall include the following as a minimum:
      (1)   Area. The total area in the project;
      (2)   Zones. The present zoning of the subject property and all adjacent properties;
      (3)   Rights-of-way and easements. All public and private rights-of-way and easement lines located on or adjacent to the subject property which are proposed to be continued, created, enlarged, relocated, or abandoned;
      (4)   Topography. Existing topography and approximate delineation of any topographical changes shown by contour with intervals not to exceed five feet;
      (5)   Nonresidential uses. Delineation of all existing and proposed nonresidential buildings, structures, and uses in the project:
         (a)   Commercial uses. Location and types of all uses including approximate number of acres, gross floor area, and heights of buildings.
         (b)   Open space. The approximate amount of area proposed for natural or landscaped open space.
         (c)   Other public and semi-public uses. Location and type of all uses, including approximate number of acreage and height of building.
      (6)   Pedestrian circulation. Location of proposed pedestrian walkways, identifying approximate dimensions.
      (7)   Utilities. Location of all existing and proposed water, sanitary sewer, and storm drainage lines, indicating approximate pipe size. Indication should also be given regarding the provision of electric and telephone service.
      (8)   Other. Other information that may be determined necessary for description or to insure proper integration of the proposed project in the area.
      (9)   Parking and loading. General size and location of parking and loading facilities.
      (10)   Development schedule. A schedule of development, including the staging and phasing of:
         (a)   Public facilities. Streets, utilities, and other public facility improvements, in order of priority.
         (b)   Dedication. Dedication of land to public use or set aside for common ownership.
         (c)   Buildings. Buildings and uses, in order of priority.
   (B)   Final development plan. The final development plan drawn to scale of not smaller than one inch equals 50 feet shall be in substantial conformity to the conceptual development plan and shall include the following as a minimum:
      (1)   Topography. The existing and proposed finished topography of the subject property shown by contours with intervals not to exceed five feet. Where conditions exist that may require more detailed information on the proposed topography, contours with intervals of less than five feet may be required by the Planning Commission.
      (2)   Buildings. Location, height, arrangement, and identification of all buildings and uses on the subject property and, where applicable, location and arrangement of all lots with lot dimensions.
      (3)   Open space. Location and arrangement of all common or dedicated open space areas, including lot dimensions. Methods of ownership and operation and maintenance of such lands shall be identified.
      (4)   Landscaping. Landscaping features, including identification of planting areas and the location, type, and height of walls and fences.
      (5)   Signs. Location of signs indicating their orientation, size, and height in enough detail to assure reasonable compatibility throughout the project.
      (6)   Utilities. All utility lines and easements:
         (a)   Water. Water distribution systems, including line sizes, width of easements, type of pipe, location of hydrants and valves, and other appurtenances.
         (b)   Sanitary sewer. Sanitary sewer system, including pipe size, gradients, type of pipes, invert elevations, location and type of manholes, width of easements, the location, type, size, and capacity of all lift or pumping stations.
         (c)   Other utilities. Other utilities (for example, electric, telephone, cable TV, and the like) including the type of service and the width of easements.
      (7)   Parking and loading. Location of all off-street parking, loading or unloading, and driveway areas, including cross-sections, the type of surfacing, dimensions, and the number and arrangement of off-street parking, and loading or unloading spaces.
      (8)   Circulation system:
         (a)   Pedestrian. Pedestrian walkways, including alignment, grades, type of surfacing, and width.
         (b)   Streets. Public and private streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details, and typical cross-section.
      (9)   Development schedule. A schedule of development, including the staging or phasing of:
         (a)   Streets. Streets, utilities, and other public facility improvements, in order of priority.
         (b)   Public/common area. Dedication of land to public use or set aside for common ownership.
         (c)   Buildings. Buildings and uses, in order of priority.
   (C)   The information may be combined and presented in any suitable and convenient manner that clearly presents the required data, including consolidation of the preliminary and final development plans into one application and submission.
(Ord. 31-2022, passed 8-1-22)

§ J5. DEVELOPMENT STANDARDS.

   The basic requirements of Appendix C of the zoning code pertaining to the SPA Districts shall apply except when modified by this section.
   (A)   Building height. Maximum building height is 45 feet.
   (B)   Building materials. All exterior walls facing the public right-of-way or oriented to the exterior of the district, with the exception of roof gables and window or door openings, shall be constructed of masonry.
   (C)   Dumpsters. Dumpsters shall be screened as provided in § 150.21, with the following requirements in addition.
      (1)   Walls. Solid steel fencing or wood are not permitted for wall materials but may be used for gates.
      (2)   Locking gates. Dumpster gates shall be equipped with locks to deter unauthorized use, and shall be kept closed and locked except for loading or unloading,
      (3)   Location. No dumpster enclosure shall be located within 100 feet of the southern boundary of the district.
      (4)   Clustering. Dumpster enclosures shall be clustered in locations where shared usage is practical, with the objective of minimizing the number or separate storage and collection areas in the district.
   (D)   Exterior lighting. New and/or replacement exterior lighting shall be of a type which can be shielded from the adjacent properties. Wall mounted lighting shall only be permitted if shielded to direct the light up or down. The mounting height of the luminaries shall be specifically approved by the Planning Commission.
   (E)   Landscaping. Landscape plans shall be prepared according to the guidelines contained in Appendix “G” (Kemper Meadow Design Standards, Section VII), and included with all final development plans for review and approval by the Planning Commission.
   (F)   Loading spaces. Loading spaces are permitted to face Northland Blvd, provided that the loading space is located a minimum of 250 feet from the public right-of-way.
   (G)   Offensive uses prohibited. No use shall be permitted or authorized to be established or maintained which, when conducted under adequate conditions and safeguards, in compliance with the provisions of the Zoning Ordinance and any additional conditions or requirements prescribed by the Planning Commission is, or may become, hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibrations, beat frequency, refuse matter, water carried waste, or any other objectionable conditions, occurring on or offsite, as determined by Planning Commission.
   (H)   Screening. Screening is required along the southern property line of the district, such screening to be submitted to the Planning Commission for review and approval.
   (I)   Signs. All signs that are legally permitted and are in use by one or more businesses as of the date of the establishment of this district are permitted to continue in use, provided the signs are maintained and kept in good repair. All new signs permitted after the date of the establishment of this section shall be regulated the same as signs in the “M” Manufacturing District.
   (J)   Trucks. In addition to the codes governing trucks and oversized vehicles in other chapters, trucks shall be regulated within the district according to the following provisions:
      (1)   Parking restricted adjacent to Northland Blvd. Except for trucks that are an integral function of a business located on the Outlot (Concept Plan, Area C), no trucks shall not be parked adjacent to Northland Blvd., whether or not associated with a business in the district.
      (2)   Circulation. Tractor-trailers shall enter and exit the district directly from Southland Road (primary access) or Northland Blvd (secondary access) and shall not use access ways crossing adjacent properties. Directional signage shall be posted to indicate truck access.
   (K)   Vehicular access. Vehicular access within the district is vital to the business operations of adjacent properties and the accessibility of the Northland Business District. Access ways to and through the district shall be provided, maintained in good repair, and kept open for traffic to and through the property as shown in § J7 (Concept Plan.)
(Ord. 31-2022, passed 8-1-22)

§ J6. DEVIATIONS FROM THE CODE OF ORDINANCES.

   Those aspects of the various codes referenced in this section are by this chapter made an exception for the properties in the SPA-4 District. There shall be no variance required in cases where a plan conforms to the requirements contained herein.
(Ord. 31-2022, passed 8-1-22)

§ J7. CONCEPT PLAN.

   The Concept Plan is attached hereto and made a part of this section.
 
(Ord. 31-2022, passed 8-1-22)

§ J8. EXHIBIT B.

PARCEL I:
SITUATED IN THE CITY OF FOREST PARK, COUNTY OF HAMILTON, AND STATE OF OHIO, AND BEING ALL OF LOT NUMBER 1 OF CENTRAL PARK PLAZA, A SUBDIVISION AS RECORDED IN PLAT BOOK 216, PAGE 62 OF THE HAMILTON COUNTY, OHIO RECORDS.
CONTAINING 3.59 ACRES, MORE OR LESS
PARCEL II:
SITUATED IN SECTION 18, TOWN 3, ENTIRE RANGE 1, MIAMI PURCHASE, TOWNSHIP OF SPRINGFIELD, CITY OF FOREST PARK, COUNTY OF HAMILTON AND STATE OF OHIO, AND KNOWN AS BEING ALL OF LOT 4 AND PART OF LOT 3 OF CENTRAL PARK PLAZA, AS RECORDED IN PLAT BOOK 216, PAGE 62 OF THE HAMILTON COUNTY, OHIO RECORDS
DESCRIBED AS FOLLOWS:
BEGINNING IN THE SOUTH LINE OF NORTHLAND ROAD, AT A POINT WHICH IS SOUTH 81°02' 12" WEST, A DISTANCE OF 393.00 FEET FROM THE INTERSECTION OF THE SOUTH LINE OF NORTHLAND ROAD, EXTENDED EASTWARDLY WITH THE WEST LINE OF SOUTHLAND ROAD, EXTENDED NORTHWARDLY;
THENCE SOUTH 81° 02' 12" WEST, ALONG THE SOUTH LINE OF NORTHLAND ROAD, A DISTANCE OF 100.00 FEET;
THENCE SOUTH 8° 57' 48" EAST, A DISTANCE OF 240.00 FEET;
THENCE SOUTH 81° 02' 12" WEST, A DISTANCE OF 79.26 FEET;
THENCE NORTH 8° 57' 48" WEST, A DISTANCE OF 8.50 FEET;
THENCE NORTHWESTWARDLY, ON A CURVED LINE DEFLECTING TO THE RIGHT WITH A RADIUS OF 25 FEET, A DISTANCE OF 34.32 FEET (CHORD OF SAID CURVE BEARS NORTH 52° 57' WEST, A DISTANCE OF 31.69 FEET);
THENCE NORTH 8° 58' 28" WEST, A DISTANCE OF 194.70 FEET;
THENCE NORTHEASTWARDLY ON A CURVED LINE DEFLECTING TO THE RIGHT WITH A RADIUS OF 25 FEET, A DISTANCE OF 13.29 FEET (CHORD OF SAID CURVE BEARS NORTH 6° 24' 18" EAST, A DISTANCE OF 13.26 FEET) TO THE SOUTH LINE OF NORTHLAND ROAD;
THENCE WESTWARDLY, ALONG THE SOUTH LINE OF NORTHLAND ROAD, ON A CURVED LINE DEFLECTING TO THE LEFT WITH A RADIUS OF 1,952 FEET, A DISTANCE OF 129.16 FEET (CHORD OF SAID CURVE BEARS SOUTH 78° 07' 44" WEST, A DISTANCE OF 60.19 FEET);
THENCE SOUTHEASTWARDLY, ON A CURVED LINE DEFLECTING TO THE RIGHT WITH A RADIUS OF 25 FEET, A DISTANCE OF 15.07 FEET (CHORD OF SAID CURVE BEARS SOUTH 36° 17' 55" EAST, A DISTANCE OF 14.84 FEET);
THENCE SOUTHWARDLY, ON A CURVED LINE DEFLECTING TO THE RIGHT WITH A RADIUS OF 190 FEET, A DISTANCE OF 33 FEET (CHORD OF SAID CURVE BEARS SOUTH 14° 03' 10" EAST, A DISTANCE OF 32.95 FEET);
THENCE SOUTH 8° 54' 48" EAST, A DISTANCE OF 109.21 FEET;
THENCE SOUTHWARDLY, ON A CURVED LINE DEFLECTING TO THE LEFT WITH A RADIUS OF 150 FEET, A DISTANCE OF 25.53 FEET (CHORD OF SAID CURVE BEARS SOUTH 13° 47' 18" EAST, A DISTANCE OF 25.49 FEET);
THENCE SOUTH 18° 39' 48" EAST, A DISTANCE OF 28.30 FEET;
THENCE SOUTHWESTWARDLY, ON A CURVED LINE DEFLECTING TO THE RIGHT WITH A RADIUS OF 25 FEET, A DISTANCE OF 39.57 FEET (CHORD OF SAID CURVE BEARS SOUTH 35° 51' 42" WEST, A DISTANCE OF 35.57 FEET);
THENCE SOUTH 8° 57' 48" EAST, A DISTANCE OF 2.00 FEET;
THENCE SOUTH 70° 01' 80" WEST, A DISTANCE OF 161.52 FEET;
THENCE SOUTH 19° 58' 30" EAST, A DISTANCE OF 530.63 FEET;
THENCE NORTH 77° 20' EAST, A DISTANCE OF 591.34 FEET;
THENCE NORTH 81° 02' 12" EAST, A DISTANCE OF 126.50 FEET TO THE WEST LINE OF SOUTHLAND ROAD;
THENCE NORTH 8° 57' 48" WEST, ALONG THE WEST LINE OF SOUTHLAND ROAD, A DISTANCE OF 369.50 FEET;
THENCE SOUTH 81° 02' 12" WEST, A DISTANCE OF 178.00 FEET;
THENCE SOUTH 0° 30' 30" EAST, A DISTANCE OF 74.81 FEET;
THENCE SOUTH 8° 57' 48" EAST, A DISTANCE OF 275.50 FEET;
THENCE SOUTH 77° 20' WEST, A DISTANCE OF 362.93 FEET;
THENCE NORTH 8° 57' 48" WEST, A DISTANCE OF 88.94 FEET;
THENCE NORTH 1° 39' 29" EAST, A DISTANCE OF 81.39 FEET;
THENCE NORTH 81° 02' 12" EAST, A DISTANCE OF 75.00 FEET;
THENCE NORTH 8° 57' 48" WEST, A DISTANCE OF 357.00 FEET;
THENCE NORTH 81° 02' 12" EAST, A DISTANCE OF 68.17 FEET;
THENCE NORTH 8° 57' 48" WEST A DISTANCE OF 231.00 FEET TO THE PLACE OF BEGINNING.
CONTAINING 6.0257 ACRES, MORE OR LESS.
TOTAL AREA OF PARCELS I AND II: 9.62 ACRES, MORE OR LESS
(Ord. 31-2022, passed 8-1-22)