Galion City Zoning Code
TITLE FIVE
Zoning Districts
CHAPTER 1143 Reserved for Future Use
CHAPTER 1161 Reserved for Future Use
CHAPTER 1169 Reserved for Future Use
1127.01 REGULATION OF THE USE AND DEVELOPMENT OF LAND OR STRUCTURES.
Regulations pertaining to the use of land and/or structures, and the physical development thereof within each of the zoning districts as established in Chapter 1129, are hereby established and adopted.
(Ord. 2009-85. Passed 12-8-09.)
1127.02 RULES OF APPLICATION.
(a) Identification of Uses. Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
(b) Permitted Uses.
(1) Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited unless:
A. A permitted use may be added to a zoning district by formal amendment, in conformance with Chapter 1113 of this Ordinance.
B. An unlisted use may be determined by the Planning Commission to be a similar use, in accordance with Section 1127.02(e) of this Chapter.
C. Any use required to be a permitted use under federal or state law in any zoning district is a permitted use under this Ordinance as required by the applicable law.
(Ord. 2019-87. Passed 12-10-19.)
(2) No more than one (1) permitted use shall exist on any one zoning lot.
(c) Accessory Uses. An accessory use or structure is a subordinate use or structure clearly incidental and secondary to the principal permitted building or use, and located on the same lot with such principal building or use. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of Section 1175.01 of this Ordinance.
(d) Conditional Uses. A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use, its location, extent and method of development will not substantially alter the character of the vicinity, or unduly interfere with or adversely impact the use of adjacent lots. To this end, the Planning Commission may in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity, in accordance with Chapter 1117 of this Ordinance.
(e) Similar Uses. Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.
Applications for zoning permits for uses not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualify as a similar use under the provisions of this Section, shall be submitted to the Planning Commission.
Within thirty (30) days after such submittal, the Planning Commission shall determine whether the requested use is similar to those uses permitted in the specific district. In order to find that a use is similar, the Planning Commission shall find that all of the following conditions exist:
(1) Such use is not listed as a permitted or conditional use in another zoning district.
(2) Such use conforms to basic characteristics of the classification to which it is to be added and is more appropriate to it than to any other classification.
(3) Such use creates no increased danger to health and safety, creates no increased level of noise, vibration, dust, heat, smoke, odor, glare, or other objectionable impacts, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is to be added.
(f) Development Standards. Development standards set forth shall be the minimum allowed for uses permitted in that district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation, or law, the most restrictive standard shall govern.
(g) Site Plan. For particular uses in specific districts and most conditional uses, a Site Plan will be cited as required. In such cases, the Site Plan shall be submitted by the applicant at the time of the application for a zoning permit, or at such time when the property is rezoned into that district. The Site Plan shall contain a site plan for the property, drawn to approximate scale, showing all property lines, existing buildings, access drives, parking areas, existing vegetation and other notable physical features. The Site Plan shall also show the location, outlines and size of all proposed structures including the design of all improvements including drainage, private streets, water and sanitary sewer lines, as well as the size, design, materials and location of all signage proposed for the development. The Site Plan shall also contain a narrative description of the proposed use, and an evaluation of how such use may impact adjacent property and methods that will be employed to alleviate or minimize any adverse impacts.
The Site Plan shall be reviewed by the Code Inspector and may be subject to review by the Planning Commission. The Site Plan must be approved as a condition for the issuance of a zoning certificate. In reviewing such Plan, the Code inspector and/or Planning Commission may seek the timely input from specific consultants. In approving a Site Plan, the Code Inspector and/or Planning Commission shall find that the following criteria have been met:
(1) The use(s) and structure(s), as proposed, can be adequately and efficiently served by public streets and utilities.
(2) The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas as may be required in this Ordinance.
(3) The location, design and operation of the proposed use shall not impose undue adverse impacts on surrounding residential neighborhoods, and/or the Site Plan for the proposed facility has incorporated measures to lessen and/or alleviate such adverse impacts and protect the character of such adjacent residential areas.
(4) The use(s) and structure(s), as proposed, are generally consistent with the purposes and intent of the zoning district and other provisions of this Ordinance.
(h) Essential Services. Essential Services, as defined and specified in Chapter 1103 of this Ordinance, shall be permitted in any and all zoning districts within the municipality.
1129.01 ZONING DISTRICTS ESTABLISHED.
The following zoning districts are hereby established for the City of Galion:
RE - Rural Estate District
R-1A- Single-Family Residential District
R-1B - Single-Family Residential District
R-1C - Historic Neighborhood Single-Family Residential District
MH-R - Manufactured Home Residential District
RM - Residential Multiple Family District
RO - Residential Office District.
LC - Limited Commercial District
GC - General Commercial District
U - Uptowne District
HC - Highway Commerce District
GI - General Industrial District
IP - Industrial Park District
PUD - Planned Unit Development
FP - Flood Plain District (Overlay).
RCO - Riparian Corridor Overlay District
(Ord. 2009-85. Passed 12-8-09.)
1129.02 OFFICIAL ZONING MAP.
The districts established in Section 1129.01 above are shown on the Official Zoning Map, which together with all notations, references, data, district boundaries and other explanatory information, is hereby adopted as a part of this Ordinance. The Official Zoning Map shall be identified by the signatures of the Mayor and President of Council, and shall be on file in the City offices.
(Ord. 2009-85. Passed 12-8-09.)
1129.03 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.
Except where referenced and noted on the Official Zoning Map by a designated line and/or dimensions, the district boundary lines are intended to follow property lines, lot lines, centerlines of streets, alleys, streams and/or railroads as they existed at the time of passage of this Ordinance. The Code Inspector shall interpret the boundary lines from the Zoning Map. When and if the Code Inspector's interpretation of such boundary line is disputed, the final interpretation authority shall rest with the Planning Commission.
(Ord. 2009-85. Passed 12-8-09.)
1129.04 NEWLY ANNEXED AREAS.
Subject to the conditions stated below, territory which is annexed into the City of Galion subsequent to the effective date of this Ordinance shall, upon the effective date of the annexation, be zoned into the RE District. Within three (3) months from the date of annexation, the Planning Commission shall present a zoning plan for the annexed territory to City Council, however such plan may be submitted prior to annexation. Such plan shall consider the recommendations of any comprehensive plan for the area, if adopted by City Council. City Council may hold a public hearing on the proposed zoning plan, as recommended by the Commission. If such hearing is held, notice of such hearing shall be given in a newspaper of general circulation within the municipality not less than thirty (30) days before the date of the hearing. Within thirty (30) days after such hearing, City Council shall approve, or approve with modification the zoning plan. If such zoning plan is approved by City Council prior to the effective date of annexation, then the annexed property shall be considered to be zoned as specified in the date the annexation is effective.
Nothing in this Section shall prevent the owner of property within the annexed territory from applying for a zoning amendment, after the effective date of annexation, pursuant to the procedures specified in Chapter VI of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1131.01 PURPOSES.
The Rural Estate District is established within the City of Galion for the following purposes:
(a) To provide areas for low density single family residential environments reflecting a rural lifestyle, and not normally served by public water and/or sewer.
(b) To promote the continuance of agriculture and farm-based uses.
(c) To physically conserve such areas as needed for future more intensive development.
This zoning district is intended to provide for development at low residential densities and is a "holding zone" until more intensive development opportunities present themselves to individuals or groups of property owners.
(Ord. 2009-85. Passed 12-8-09.)
1131.02 PERMITTED USES.
(a) Agricultural uses as defined in Chapter 1103, along with customary agricultural buildings and structures incidental to the carrying out of the principal agricultural activity, and/or no more than one single-family detached dwelling.
(b) One-family detached nonfarm dwellings.
(c) Public parks and nature preserves.
(d) Projects specifically designed for watershed protection, conservation of water or soils for flood control.
(e) Greenhouses and nurseries, including tree farms and woodlots.
(Ord. 2009-85. Passed 12-8-09.)
1131.03 ACCESSORY USES.
(a) Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses, tennis courts, swimming pools and/or similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of this Ordinance.
(c) Temporary seasonal roadside stands offering for sale primarily agricultural products grown on the premises
(Ord. 2009-85. Passed 12-8-09.)
1131.04 CONDITIONAL USES.
(a) Kennels and similar facilities for boarding of animals, provided adequate measures will be employed to minimize any adverse impacts on adjoining properties.
(b) Golf courses, provided a Site Plan showing the location of all use areas and facilities is submitted and approved pursuant to Section 1127.02(g) of this Ordinance.
(c) Churches, provided a Site Plan showing all facilities is submitted and approved pursuant to Section 1127.02(g) of this Ordinance.
(d) Bed and Breakfast establishments, provided the facility is owned and operated by the resident of the property, and subject to the following:
(1) Structures shall maintain the appearance of a single-family residence and be compatible with surrounding residences, in size and scale.
(2) Off-street parking shall be provided for all guests in specially designated improved areas.
(3) Exterior signage shall be limited to a single sign identifying the establishment, not more than twelve (12) square feet in size. No signs shall be internally illuminated and all lighting shall be arranged so as not to shine on adjacent properties.
(4) Accommodations shall be limited to three (3) guest rooms.
(Ord. 2009-85. Passed 12-8-09.)
1131.05 DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. For property that is not served by central public water and sewer facilities, a minimum lot area for permitted and conditional uses shall be not less than five (5) acres, or such size as determined by the Health Department having jurisdiction, whichever is larger.
(b) Minimum Lot Width. For property that is not served by central public water and sewer facilities, a minimum lot width shall be not less than 250 feet. In addition, all lots less than ten (10) acres in size shall have a depth: width ratio of not higher than 3:1.
(c) Minimum Front Yard Depth. All structures shall be located not less than 100 feet from the center line of any roadway.
(d) Minimum Side Yard Width. Twenty (20) feet.
(e) Minimum Rear Yard Depth. Fifty (50) feet.
(f) Maximum Building Height. Forty-five (45) feet for buildings. Silos, windmills, or other structures listed as permitted, accessory or conditional uses may exceed this height provided such structures maintain a distance equal to their height to any adjacent property.
(g) Development Standards for Property with Services. For single family residential uses that are served by public water and wastewater facilities, the minimum lot area, lot width, front yard depth, side yard width rear yard depth and maximum building size shall be as specified in the R-1A District.
(Ord. 2009-85. Passed 12-8-09.)
1133.01 PURPOSE.
The Single-Family Residential Districts are established to provide for single-family residential development at various densities typical of contemporary suburban environments. The R-1A and R-1B Districts are to be utilized in areas of the City that are served by public water and sewer.
(Ord. 2009-85. Passed 12-8-09.)
1133.02 PERMITTED USES.
(a) One-family detached dwelling.
(b) Public parks and open space.
(c) Public parks and playgrounds of less than one (1) acre in size.
(Ord. 2009-85. Passed 12-8-09.)
1133.03 ACCESSORY USES.
(a) Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses, swimming pools and tennis courts and similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1133.04 CONDITIONAL USES.
(a) Public parks or playgrounds of one (1) acre or more
(b) Public or private elementary or middle schools, provided a Site Plan showing all facilities is submitted and approved pursuant to Section 1127.02(g) of this Ordinance. In addition all parking and service areas must be landscaped and screened pursuant to the requirements of Section 1179.03 of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1133.05 DEVELOPMENT STANDARDS.
The development standards for the R-1A and R-1B Districts shall be as shown on the following chart:
SINGLE FAMILY RESIDENTIAL DISTRICTS
DEVELOPMENT STANDARDS
PERMITTED USES | CONDITIONAL USES | ||
R-1A | R-1B | ||
MINIMUM LOT AREA | 15,000 S.F. | 10,000 S.F. | 6 acres |
MINIMUM LOT WIDTH | 100 feet | 80 feet | 300 feet |
MINIMUM FRONT YARD DEPTH | 30 feet | 25 feet | 50 feet |
MINIMUM SIDE YARD WIDTH | 15 feet | 10 feet | 50 feet |
MINIMUM REAR YARD DEPTH | 40 feet | 40 feet | 50 feet |
BUILDING HEIGHT | 35 feet | 35 fee | 50 feet |
MAX. % OF LOT COVERAGE | 20% | 30% | 25% |
MIN. FLOOR AREA (1 STORY) | 1,500 S.F. | 1,300 S.F. | -- |
MIN. FLOOR AREA (1.5 - 2 STORY) | 1,800 S.F. | 1,600 S.F. | -- |
NOTE: On existing lots of record in the R-1A and R-1B Districts having sixty (60) feet or less of lot width and used for single family residential purposes, the interior side yard shall be six (6) feet and the street side yard shall be twelve (12) feet.
(Ord. 2009-85. Passed 12-8-09.)
1135.01 PURPOSE.
The R-1C District is established to provide for the continuance of single-family housing and reinvestment within the older portions of the City of Galion, and expansion of such uses at densities consistent with existing development, thereby encouraging the revitalization of older neighborhoods and increasing the diversity of housing choice, while maintaining adequate development standards. This district could also be used to allow for new development in peripheral areas by meeting standards intended to promote the neighborhood character of such new development.
It is recognized that property in the R-1C District is located in the older areas of the City, and that such areas are likely to be characterized by patterns of mixed land use. Many of these mixed uses are the result of past development practices and might not be allowed under the current provisions of this Ordinance. It is the intent of this Ordinance, and this district in particular, to protect and preserve the basic property rights of such existing nonconforming properties. Specific provisions are made for the continuance, substitution and extension of such use, pursuant to Chapter 1121 of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1135.02 PERMITTED USES.
(a) One-family detached dwelling.
(b) Public parks, playgrounds and open space.
(c) Two-family dwellings in structures originally designed for that purpose.
(Ord. 2022-41. Passed 7-12-22.)
1135.03 ACCESSORY USES.
(a) Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses swimming pools and similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1135.04 CONDITIONAL USES.
(a) Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 300 persons. A Site Plan shall be required for all new or expansion of existing churches in the R-1C District.
(b) Day-care centers and schools associated with conditionally permitted churches.
(c) Elementary schools, subject to submittal and approval of a Site Plan, pursuant to Section 1127.02(g) of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1135.05 DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. 6,750 square feet.
(b) Minimum Lot Width. Forty-five (45) feet of lot width with frontage on a publicly dedicated, improved street or highway.
(c) Minimum Front Yard Depth. Twenty (20) feet, or the least of the front yards of the four (4) most proximate principal structures (including porches) on the same side of the street facing thereon, whichever is less. For purposes of this Section, the least front yard used as a reference shall not have been allowed by a previous variance. In no case shall any front yard be less than ten (10) feet. (Ord. 2014-84. Passed 11-25-14.)
(d) Minimum Side Yard Depth. Seven-and-one-half (7 ½) feet; Fifteen (15) feet adjacent to a street.
On existing lots of record of sixty (60) feet of lot width or less, the side yard shall be six (6) feet, or the least of the side yards of the four (4) most proximate principal structures on the same side of the street thereon, whichever is less. For purposes of this Section, the side yard used as a reference shall not have been allowed by a previous variance. In no case shall any side yard that abuts a street be less than twelve (12) feet.
(e) Minimum Rear Yard Depth. Twenty (20) feet.
(f) Minimum Area of Principal Building. 1,050 square feet of living area for structures, excluding basement and garage areas.
(g) Lot Coverage. All structures, including accessory structures, shall cover not more than 40% of the area of the lot.
(h) Maximum Building Height. Thirty-five (35) feet.
(i) Additional Requirements for New Lots Developed in the R-1C District. Presently undeveloped areas outside the older portion of the City may be developed in the R-1C District, subject to the following regulations:
(1) Adjacent to R-1C District. The property to be zoned for new R-1C development must be located adjacent to area of the City zoned in the R-1C District.
(2) Site Plan. A Site Plan, pursuant to Section 1127.02(g) of this Ordinance, shall be required for all new residential development within the R-1C District, containing more than five (5) dwelling units. Such Site Plan shall show the proposed layout of all streets, lots and buildings, as well as the location of all public spaces.
(3) Garages. All garages shall be located within the rear yard.
(4) Street Trees. Street trees shall be required along all new streets developed within R-1C District. Such trees shall be spaced not further than thirty feet (30') apart and shall be a minimum of twelve feet (12') of overall height or a minimum caliper (trunk diameter measured six inches above the ground) of at least two inches (2") at time of planting. Such trees shall not be of a variety or species listed as undesirable in Section 1177.04 of this Ordinance.
(5) Sidewalks. Sidewalks of not less than four (4) feet in width shall be required for both sides of all new streets developed within the R-1C District.
(6) Required Open Space. Not less than fifteen percent (15%) of the total net developable area of the proposed development shall be dedicated to permanent open space parks, and/or public spaces. Such open space shall be granted to a homeowner's association, or - with the approval of the City Council - may be granted to the City. For the purposes of this calculation, net developable area shall mean the area of the site proposed for development, minus public and/or private streets and/or alleys.
(Ord. 2009-85. Passed 12-8-09.)
1137.01 PURPOSE.
The City of Galion recognizes that permanently sited manufactured housing presents residential options and opportunities, especially related to cost, which are unavailable with conventional site-built housing. The R-1D Single Family Residential District is established to provide a desirable residential environment for permanently sited manufactured homes, protected from adverse neighboring influences, with adequate access for vehicular traffic and circulation. It is also established to provide a location for light retail and associated uses that do not conflict with the aforementioned purposes. These permanently sited manufactured homes shall be located and lots shall be developed so as to provide overall desirability equivalent to that for other forms of residential development. (Ord. 2020-65. Passed 11-10-20.)
1137.02 REQUIREMENTS GENERALLY.
Permanently sited manufactured homes, as defined in Chapter 1103 of this Ordinance, shall be considered as a permitted use in any zoning district that permits single-family residential dwellings. Mobile homes as defined in Chapter 1103 and/or Section 4501.01 of the Ohio Revised Code shall not be considered as a permitted or conditional use in this or any other zoning district. A nonconforming mobile home may be replaced by a permanently sited manufactured home, provided such home meets the standards of this Chapter. (Ord. 2019-23. Passed 4-23-19.)
1137.03 PERMITTED USES.
(a) One-family detached dwellings.
(b) One-family individual permanently sited manufactured homes as defined in Chapter 1103 of this Ordinance.
(c) Public or private parks or playgrounds.
(Ord. 2019-23. Passed 4-23-19.)
1137.04 ACCESSORY USES.
Uses and structures incidental and accessory to specified permitted uses.
(Ord. 2019-23. Passed 4-23-19.)
1137.05 CONDITIONAL USES.
(a) Nursery schools and day care centers.
(b) Class I Type A group residential facilities, subject to the requirements of Section 1175.05 of this Ordinance.
(c) Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 400 persons and provided a Site Plan showing the location of all new and expanded use areas and facilities is submitted and approved pursuant to Section 1127.02(g).
(d) Garages and outbuildings located on other lot(s) than the lot(s) which the manufactured home is located. Such garages and outbuildings shall not be erected in a manner which would prohibit the placement of a permanently sited manufactured home or erection of a site-built house on the lots where erected by virtue of conflict with other provisions of this Ordinance.
(e) For parcels that have frontage on a state highway, retail stores and shops; food, drug, variety, dry goods, clothing, music, hardware, equipment, and other similar light retail uses, as well as processing, assembly, and/or packaging of products and materials associated with said retail stores and shops, provided that such operations do not produce levels of noise or odors perceptible outside the building inconsistent with the purposes of the R-1D District as stated above. (Ord. 2020-65. Passed 11-10-20.)
1137.06 DEVELOPMENT STANDARDS.
The following standards for the arrangement and development of land and buildings are required in the R-1D District. This set of development standards shall have precedence and shall supersede all conflicting provisions of this Chapter.
(a) Minimum Lot Area. The minimum lot area shall be 5,000 square feet.
(b) Minimum Lot Width. Forty-five (45) feet of lot width with frontage on a publicly dedicated, improved street or highway.
(c) Minimum Front Yard. Twenty (20) feet, or the least of the front yards of the four (4) most proximate principal structures (including porches) on the same side of the street facing thereon, whichever is less. For purposes of this Section, the least front yard used as a reference shall not have been allowed by a previous variance. In no case shall any front yard be less than ten (10) feet.
(d) Minimum Side Yard Width. Seven-and-one-half (7 ½) feet; Ten (10) feet adjacent to a street. On existing lots of record of sixty (60) feet of lot width or less, the side yard shall be six (6) feet, or the least of the side yards of the four (4) most proximate principal structures on the same side of the street thereon, whichever is less. For purposes of this Section, the side yard used as a reference shall not have been allowed by a previous variance. In no case shall any side yard that abuts a street be less than twelve (12) feet.
(e) Minimum Rear Yard Depth. Twenty (20) feet.
(f) Minimum Lot Coverage. Detached dwelling units and their accessory buildings shall not occupy more than forty percent (40%) of any individual lot.
(g) Garages. All garages shall be located within the rear yard except as provided in Section 1137.05. (Ord. 2019-23. Passed 4-23-19.)
1139.01 PURPOSE.
The City of Galion recognizes that manufactured housing presents residential options and opportunities, especially related to cost, which are unavailable with conventional site-built housing. The Manufactured Home Residential (MH-R) District is established to provide a desirable residential environment for manufactured homes, protected from adverse neighboring influences, with adequate access for vehicular traffic and circulation. These residential communities shall be developed and located to provide overall desirability equivalent to that for other forms of residential development.
The MH-R District may also be used to accommodate areas of the City occupied by existing mobile or manufactured homes, and to encourage the renewal and revitalization of these residential areas.
(Ord. 2009-85. Passed 12-8-09.)
1139.02 REQUIREMENTS GENERALLY.
Permanently sited manufactured homes, as defined in Chapter 1103 of this Ordinance, shall be considered as a permitted use in any zoning district that permits single-family residential dwellings. Manufactured homes not meeting the criteria for permanently sited manufactured homes in Chapter 1103 of this Ordinance shall only be allowed under terms as specified in this Chapter. Mobile homes as defined in Chapter 1103 and/or Section 4501.01 of the Ohio Revised Code shall not be considered as a permitted or conditional use in this or any other zoning district. A nonconforming mobile home may be replaced by a manufactured home, provided such home meets the standards of this Chapter.
(Ord. 2009-85. Passed 12-8-09.)
1139.03 PERMITTED USES.
(a) One-family detached dwellings.
(b) Manufactured home communities, provided a Site Plan is approved, pursuant to Section 1127.02(g) of this Ordinance.
(c) Individual manufactured homes not considered as permanently sited manufactured homes on single lots, provided such homes are placed on a permanent foundation as defined in Chapter 1103.
(d) Public or private parks or playgrounds.
(Ord. 2009-85. Passed 12-8-09.)
1139.04 ACCESSORY USES.
Uses and structures incidental and accessory to specified permitted uses to include common areas, community/recreational facilities and offices for rental and management of units therein.
(Ord. 2009-85. Passed 12-8-09.)
1139.05 CONDITIONAL USE.
(a) Nursery schools and day care centers.
(b) Class I Type A group residential facilities, subject to the requirements of Section 1175.05 of this Ordinance.
(c) Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 400 persons and provided a Site Plan showing the location of all new and expanded use areas and facilities is submitted and approved pursuant to Section 1127.02(g). (Ord. 2011-68. Passed 9-27-11.)
1139.06 DEVELOPMENT STANDARDS.
The following standards for the arrangement and development of land and buildings are required in the MH-R District:
(a) Minimum Lot Area.
(1) The minimum lot area for any manufactured home community shall be ten (10) acres. Maximum gross density shall not exceed six (6) dwelling units per acre. (Ord. 2009-85. Passed 12-8-09.)
(2) Individual manufactured home lots shall be not less than 2,750 square feet.
(Ord. 2014-84. Passed 11-25-14.)
(3) For any other permitted use, the minimum lot area shall not be less than 6,000 square feet.
(b) Minimum Lot Width.
(1) The minimum lot width for any manufactured home community shall be not less than 300 feet. Frontage shall be provided on a publicly dedicated and improved street. The ratio of width to depth shall not exceed one to five (1:5). (Ord. 2009-85. Passed 12-8-09.)
(2) The minimum lot width for any individual mobile home lot within such a community shall be not less than twenty-five (25) feet.
(Ord. 2014-84. Passed 11-25-14.)
(3) For any other permitted use, the minimum lot width shall be sixty (60) feet.
(c) Minimum Front Yard.
(1) The minimum front yard depth for any manufactured home community shall be not less than thirty-five (35) feet.
(Ord. 2009-85. Passed 12-8-09.)
(2) For any other permitted use, the minimum front yard depth shall be twenty (20) feet. (Ord. 2014-84. Passed 11-25-14.)
(d) Minimum Side Yard Width.
(1) The minimum side yard width for any manufactured home community shall be not less than thirty-five (35) feet.
(2) The minimum side yard width for any individual lot within a manufactured home community shall be not less than five (5) feet.
(Ord. 2009-85. Passed 12-8-09.)
(3) For any other permitted uses, the minimum side yard width shall be not less than six (6) feet, with minimum of eighteen (18) feet for the sum of side yards. (Ord. 2014-84. Passed 11-25-14.)
(e) Minimum Rear Yard Depth.
(1) The minimum rear yard depth for any manufactured home community shall be not less than thirty-five (35) feet.
(2) The minimum rear yard depth for any individual lot within a manufactured home community shall be not less than ten (10) feet.
(Ord. 2009-85. Passed 12-8-09.)
(3) For any other permitted use, the minimum rear yard depth shall be not less than twenty (20) feet. (Ord. 2014-84. Passed 11-25-14.)
(f) Minimum Lot Coverage. Detached dwelling units and their accessory buildings shall not occupy more than forty percent (40%) of the lot area of any individual manufactured home lot.
(g) Required Open Space and Recreational Areas. At least twenty percent (20%) of the gross land area for any new manufactured home community shall be reserved for common recreational areas and facilities, such as playgrounds, swimming pools, pedestrian paths, and similar facilities. Such recreational and open space facilities shall not be a part of streets and/or parking areas, and shall be closed to motorized traffic, except for service and maintenance vehicles. Such areas shall be landscaped, improved and maintained for the intended uses.
(h) Off-Street Parking. Off-street parking for permitted uses shall be provided. In manufactured home communities and conditional uses, parking spaces shall be provided for two (2) vehicles for each dwelling unit. Such parking spaces shall be located either on the same lot as the dwelling which they serve, or in specially provided common areas located not more than 400 feet from the dwelling which they serve, or some combination thereof. Required parking spaces shall not be provided on public or private streets within and on the perimeter of the community. Parking shall be so arranged that there is no maneuvering incidental to parking in the travel lane of streets.
(i) Access. All manufactured home communities shall have direct access to collector streets. Principal vehicular access points shall be designed to encourage smooth traffic flow. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated traffic volumes indicate need. Minor streets shall not be connected with streets outside the district in such a way so as to encourage the use of those streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.
(j) Streets and Street Layout. All streets, whether private or dedicated to the City, providing access to the individual lots in a manufactured home community, shall be dimensioned and improved in accordance with the subdivision standards and requirements of this Ordinance.
The proposed layout of streets within a manufactured home community shall be subject to approval by the Planning Commission. In making such determinations, the Commission may procure the assistance of a Professional Engineer or other professional. All costs associated with such approval shall be paid by the applicant prior to issuance of a Certificate of Zoning Compliance.
(k) Landscaping/Screening. If side or rear yards of any manufactured home community are located adjacent to any areas where single-family or two-family residences are permitted uses, the screening of such yards shall be required. Such landscaping shall consist of walls, fences, mounding, natural vegetation or a combination of these elements, so as to meet the requirements of Chapter 1177 of this Ordinance.
(l) Water and Sewer. Any manufactured home community shall be provided with a water and sanitary sewer distribution system, serving each individual home lot, which is connected to the municipal water and sanitary sewage system. The design and construction of all distribution and collection systems shall be approved by the City and the Ohio Environmental Protection Agency. All costs associated with such approval(s) shall be paid by the applicant prior to issuance of a Certificate of Zoning Compliance.
(m) Storm Drainage. All areas within a manufactured home community shall be graded and drained so as to minimize standing water and surface runoff. Open drainage ditches shall be prohibited. The proposed methods for alleviation of standing water and excessive surface runoff shall be submitted by the applicant and approved by the City. All costs associated with such approvals shall be paid by the applicant prior to the issuance of Certificates of Zoning Compliance.
(n) Underground Utilities. Within any manufactured home community, all utility lines, including electricity, telephone, and cable television shall be located underground.
(o) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed in a manner which provides ease of access to individual manufactured home lots, while effectively screening them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the manufactured home community.
(p) Fire Protection. Within each manufactured home community there shall be provided a fire protection system approved by the local fire authority. Standard fire hydrants shall be located within 400 feet of any structure, or other system constructed which in the judgment of the local fire authority, provides an equal or greater measure of protection.
(Ord. 2009-85. Passed 12-8-09.)
1141.01 PURPOSE.
It is recognized that housing at higher densities creates issues and opportunities unique and distinct from more typical suburban development. This district is established to provide for the continuance, redevelopment and/or expansion of higher density residential uses in areas best equipped to accommodate such development. This district can also be used to provide for a range of projects, including condominiums and/or retirement housing.
(Ord. 2009-85. Passed 12-8-09.)
1141.02 PERMITTED USES.
(a) Single family dwellings.
(b) Common wall and zero lot line (ZLL) dwelling units having at least 3,630 square feet of lot area per dwelling unit (12 dwelling units per acre) provided a Site Plan, pursuant to Section 1127.02(g) is submitted
(c) Multiple family structures having at least 3,630 square feet of lot area per dwelling unit (12 units/acre) and twenty (20) or less dwellings per structure, including independent senior and retirement housing.
(d) Public or private parks, playgrounds and open space.
(Ord. 2009-85. Passed 12-8-09.)
1141.03 ACCESSORY USES.
(a) Uses incidental and accessory to multiple-family dwellings and for exclusive use of their residents, to include common recreational facilities, community swimming pools, and offices for the rental and management of units therein.
(b) Temporary buildings for uses incidental to construction work, which shall be removed upon the completion or abandonment of construction work.
(c) Off street parking areas associated with and subsidiary to the primary use of the property, subject to the requirements of Chapter 1179 of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1141.04 CONDITIONAL USES.
(a) Multiple family structures having less than 3,630 square feet of lot area per dwelling unit and/or more than twenty (20) dwellings per structure.
(b) Nursery schools and day care centers.
(c) Nursing and rest homes of not more than 120 beds.
(d) Class I Type A and Type B group residential facilities, subject to the requirements of Section 1175.05 of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1141.05 DEVELOPMENT STANDARDS.
(b) Minimum Lot Width. Sixty (60) feet of frontage on a publicly dedicated and improved street or roadway for single and two-family dwellings.
200 feet for other permitted and conditional uses. (Ord. 2009-85. Passed 12-8-09.)
(c) Minimum Front Yard Depth. Twenty-five (25) feet.
(Ord. 2014-84. Passed 11-25-14.)
(d) Minimum Side Yard Width. Twenty-five (25) feet.
(e) Minimum Rear Yard Depth. Forty (40) feet.
(f) Maximum Building Height. Thirty-five (35) feet.
(g) Minimum Distance Between Buildings. If there are two or more buildings on a single lot, the minimum distance between buildings shall be fifteen (15) feet.
(h) Lot Coverage. Buildings or structures shall not occupy more than forty-five percent (45%) of the total lot are(a)
(i) Landscaping. If side or rear yards and/or off-street parking areas of any multiple family development are located adjacent to an existing single family residence, landscaping and screening of those yards shall be required to meet the requirements of Chapter 1177 of this Ordinance.
(j) Trash and Garbage Control. In any multiple family development, all trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view of adjacent properties. Screening of trash and garbage areas shall meet the requirements of Chapter 1177 of this Ordinance. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
(k) Open/Play Area. In cases where multiple family dwellings consist of more than three (3) units, an open space/play area must be established. Such open area shall not be less than 1,000 square feet for each five (5) units, or portion thereof, within the complex. Such open/play area shall be maintained by the owner of the complex.
(l) Site Plan. A Site Plan, pursuant to the provisions of Section 1127.02(g) of this Ordinance shall be submitted and approval of such Site Plan shall be required prior to issuance of a zoning certificate. For conditional uses such Site Plan shall require specific approved by the Planning Commission prior to issuance of a zoning certificate.
(Ord. 2009-85. Passed 12-8-09.)
1145.01 PURPOSE.
The RO District is established to provide areas along older major thoroughfares that are currently occupied by single-family residences, but are subject to development pressure for commercial use. The intent of the district is to provide for smaller low intensity administrative and/or professional offices while retaining the area's residential character.
(Ord. 2009-85. Passed 12-8-09.)
1145.02 PERMITTED USES.
(a) Any use or structure as specified in the R-1C District.
(b) Two family dwellings.
(Ord. 2009-85. Passed 12-8-09.)
1145.03 ACCESSORY USES.
(a) Accessory buildings or structures customarily associated with single-family residential use, including detached garages or carports, tool or garden sheds, playhouses, swimming pools and similar facilities for primary use by occupants of the principal use of the property on which the facility is located, subject to the requirements of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1145.04 CONDITIONAL USES.
(a) Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 300 persons.
(b) Day-care centers and schools associated with conditionally permitted churches.
(c) Bed-and-Breakfast establishments, subject to the following standards:
(1) Structures shall maintain the appearance of a single-family residence and be compatible with surrounding residences, in size and scale
(2) The Bed-and-Breakfast establishment shall be owned and operated by the occupant of the premises.
(3) Exterior signage shall be limited to a single nameplate not more than twelve (12) square feet in size.
(4) Accommodations shall be limited to not more than four (4) rooms.
(5) Off-street parking shall be in specially designated areas and shall not be allowed in the front yard.
(d) Administrative, business or professional offices of not more than 3,000 square feet gross floor area and not carrying on retail trade with the public, consisting of:
(1) Brokers and dealers in securities, investments and associated services, not including commercial banks and savings institutions.
(2) Insurance agents and brokers and associated services.
(3) Real estate sales and associated services.
(4) Medical and medical-related activities, but not including veterinary offices or animal hospitals.
(5) Professional, legal, engineering and architectural services, not including the outside storage of equipment.
(6) Accounting, auditing and other bookkeeping services.
(e) Funeral homes, provide the primary building has not more than 5,000 square feet of gross floor area.
(Ord. 2009-85. Passed 12-8-09.)
1145.05 SPECIAL PROVISIONS FOR CONDITIONAL USES.
(a) Site Plan. A Site Plan, pursuant to the provisions of Section 1127.02(g) of this Ordinance shall be required. Such Plan shall document how the provisions of this Section shall be met. The Site Plan shall be approved by the Code Inspector prior to issuance of a zoning permit and may be subject to approval by the Planning Commission.
(b) Hours. Activities shall be conducted principally between 6:00 a.m. and 8:00 p.m.
(c) Traffic Circulation. Ingress, egress and traffic circulation on the site shall be managed so as to minimize impacts on adjacent properties. No traffic lane shall be located less than twenty (20) feet from any adjacent residential property.
(d) Appearance. Structures shall maintain a residential appearance and be compatible with surrounding residences in size and scale.
(e) Lighting. Lighting shall be limited to those types customarily found in residential neighborhoods. Any exterior lighting shall be arranged so as not to shine on adjacent properties.
(f) Signage. Exterior signage shall be limited to a single sign not more than twelve (12) square feet in area, identifying the business. No signs shall be internally illuminated.
(g) Storage. Storage of materials and equipment shall be within enclosed structures.
(h) Parking. Sufficient off-street parking shall be provided as specified in Chapter 1179. All parking shall be provided in designated areas in rear yards.
(i) Landscaping and Screening. The landscaping and screening of side and rear yards, including any parking areas, shall be required so as to meet the provisions of Chapter 1177.
(Ord. 2009-85. Passed 12-8-09.)
1145.06 DEVELOPMENT STANDARDS.
The minimum lot area, lot width, front yard depth, side yard width, and rear yard depth, and the maximum building height and lot coverage for all permitted and conditional uses in the RO District shall be as required in the R-1C District.
(Ord. 2009-85. Passed 12-8-09.)
1147.01 PURPOSE.
The purpose of the Limited Commercial District is to provide for the orderly development of neighborhood-oriented small businesses and personal service uses, particularly those serving the personal service needs of residents. Because commercial establishments within the LC District are closely associated with the residential land uses, more restrictive requirements related to size and scale, traffic control and landscaping are needed than in other commercial districts.
(Ord. 2009-85. Passed 12-8-09.)
1147.02 PERMITTED USES.
(a) Administrative, business or professional offices of not more than 5,000 square feet of gross floor area consisting of:
(1) Brokers and dealers in securities, investments and associated services, not including commercial banks and savings institutions.
(2) Insurance agents and brokers and associated services.
(3) Real estate sales and associated services.
(4) Medical and medical-related activities, but not including veterinary offices or animal hospitals.
(5) Professional, legal, engineering and architectural services, not including the outside storage of equipment.
(6) Accounting, auditing and other bookkeeping services.
(b) Retail Stores of not more than 5,000 square feet of gross floor area, primarily engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of those goods; provided all storage and display of merchandise shall be within the principal structure; and not including drive-through establishments, or businesses selling gasoline or similar fuels. Examples include:
(1) Food and food products.
(2) Proprietary drug and hardware stores.
(3) Similar retail stores, consisting of: florists, gift, antique or second-hand stores, books and newspapers, sporting goods, jewelry, optical goods, and other retail stores which conform to the purpose and intent of the LC District.
(c) Personal Services, involving the care of the person and his/her personal effects, consisting of consumer services generally involving the care and maintenance of tangible personal property, except for motor vehicles. All structures shall have a gross floor area of not more than 5,000 square feet. Examples include:
(1) Restaurants, but not including restaurants with drive-through facilities and/or outside dining areas.
(2) Banks, savings and loans, and credit agencies, but not including establishments with drive-through facilities.
(3) Barber and beauty shops, having no more than four work stations.
(4) Funeral services.
(5) Human medical and/or dental clinics.
(6) Commercial photography.
(7) On-premises duplication services.
(d) Nursery schools and day care facilities.
(e) Churches and similar places of public assembly, provided the seating capacity of the primary assembly area is not more than 400 persons.
(f) Parks, governmental and community buildings.
(Ord. 2009-85. Passed 12-8-09.)
1147.03 CONDITIONAL USES.
(a) Veterinary offices, not including outside boarding of animals. A Site Plan, pursuant to the standards of Section 1127.02(g) of this Ordinance, shall be required.
(b) Class I Type A group residential facilities, subject to the requirements of Section 1175.06 of this Ordinance.
(c) Class II Type A or B group residential facilities, subject to the requirements of Section 1175.06 of this Ordinance.
(e) Any permitted use with a gross floor area of more than 5,000 square feet.
(f) Similar small business uses consistent with the purposes of the LC District, subject to the approval of a Site Plan by the Planning Commission, pursuant to Section 1127.02(e) of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
(g) Automobile service and motor vehicle sales establishments. Businesses selling gasoline or similar fuels excluded. The business shall be accomplished inside the structure with no negative impact on the surrounding properties.
(Ord. 2015-16. Passed 2-24-15.)
1147.04 DEVELOPMENT STANDARDS.
(a) Site Plan. All conditional uses shall require a Site Plan, pursuant to Section 1127.02(g) of this Ordinance. The Site Plan shall be approved by the Code Inspector prior to issuance of a zoning permit.
(b) Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide the required parking and yard areas.
(c) Lot Width. No minimum lot width is required; however all lots shall abut an improved public street designated as having not less than secondary collector status. All lots shall have adequate width to provide for required parking and yard area.
(d) Front Yard Setback. The minimum front yard setback shall be the average of the existing adjacent commercial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent commercial structures, the front yard setback shall not be less than thirty (30) feet measured from the street right-of-way.
(e) Side Yards. Fifteen (15) feet, unless adjacent to any district where residences are a permitted use, wherein the side yard shall be no less than thirty (30) feet.
(f) Rear Yards. Twenty (20) feet, unless adjacent to any district where residences are a permitted use, wherein the rear yard shall be no less than forty (40) feet.
(g) Additional Yard and Pedestrian Areas. Where new development in the LC District is located adjacent to a district where residences are a permitted use, the Planning Commission may require that at least five percent (5%) of the lot area, exclusive of parking areas and public rights-of-way, shall be devoted to landscaped yards or pedestrian space.
(h) Maximum Building Size. Individual uses within LC District shall have usable floor area of not more than 5,000 square feet, even if such uses occupy more than one building. Any single building containing multiple uses within the LC District shall have a usable floor area of not more than 15,000 square feet.
(i) Lighting. Lighting fixtures within the LC District shall be so arranged, shielded and directed so as to not shine directly on any adjacent residential property.
(j) Parking and Loading. Parking and loading requirements shall be as specified in Chapter 1179 of this Ordinance. Parking areas shall be arranged so as to minimize the visual and functional impacts of business-related parking on any adjacent districts zoned for single family residences. In addition, parking spaces shall be designed to allow a minimum of five (5) feet between structure(s) and any parked vehicle.
(k) Landscaping/Screening. If side or rear yards are located adjacent to any areas where single-family residences are permitted uses, the screening of such yards shall be required. Such landscaping shall consist of walls, fences, mounding, natural vegetation or a combination of these elements, so as to meet the requirements of Chapter 1177 of this Ordinance.
(l) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
(m) Outside Vending Machines. Freestanding vending machines located outside the primary or accessory structures, not including ATM machines, shall not be permitted in the LC District.
(Ord. 2009-85. Passed 12-8-09.)
1148.01 PURPOSE.
The Health Services District is established to provide areas where a full range of health services and related uses are encouraged to develop and expand and where greater efficiencies are achieved through the development of uses which are logically located in proximity to a hospital.
(Ord. 2013-5. Passed 2-12-13.)
1148.02 PERMITTED USES.
(a) Hospitals and facilities for human medical care.
(1) Clinics, diagnostic facilities, physician offices.
(2) Daycare, assisted living, nursing homes and convalescence facilities.
(3) Rehabilitation centers (Not including criminal rehabilitation of any kind).
(b) Residential facilities for persons employed in the medical profession.
(1) One-family detached dwellings subject to the development standards of the R1-B District.
(2) Multi-family dwellings subject to the development standards of the RM District.
(c) One-family detached dwellings subject to the development standards of the R1-B District.
(Ord. 2013-5. Passed 2-12-13.)
1148.03 CONDITIONAL USES.
(a) Retail stores of not more than 5000 square feet of gross floor area, primarily engaged in the selling of merchandise for personal or household consumption that can be considered ancillary to the medical service industry.
(1) Proprietary drug stores.
(2) Florist, and gift shops.
(3) Similar retail establishments as determined by the Planning Commission.
(b) Administrative, business or professional offices of not more than 5000 square feet of gross floor area considered ancillary to the medical service industry.
(1) Insurance offices.
(2) Legal and professional service.
(3) Similar offices or services as determined by the Planning Commission.
(Ord. 2013-5. Passed 2-12-13.)
1148.04 DEVELOPMENT STANDARDS.
(a) Site Plan. A Site Plan shall be required for all conditional uses and all permitted uses with a gross floor area of over 40,000 square feet. The Site Plan shall be approved by the Code Inspector prior to issuance of a zoning permit.
(b) Minimum Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide for the required parking and yard areas. Nothing shall prohibit more than one building per lot.
(c) Minimum Lot Width. 100 feet of frontage on a publicly dedicated and improved street or highway. (Ord. 2013-5. Passed 2-12-13.)
(d) Minimum Front Yard Depth. Forty (40) feet for structures.
(Ord. 2014-83. Passed 10-28-14.)
(e) Minimum Side Yard.
(1) When abutting a non-residential zoning district: Twenty (20) feet for structures, ten (10) feet for paved areas.
(2) When abutting a residential zoning district: Forty (40) feet for structures, thirty-five (35) feet for paved areas.
(f) Minimum Rear Yard.
(1) When abutting a non-residential zoning district: thirty (30) feet for structures, ten (10) feet for paved areas.
(2) When abutting residential zoning district: Fifty (50) feet for structures, thirty-five (35) feet for paved areas.
(g) Building Height. Seventy (70) feet. Any building exceeding 2 stories shall provide an additional 10 feet of front, side, and rear setback for each additional story.
(i) Landscaping/Screening. If side or rear yards are adjacent to property in which single family residences are permitted use, the screening of such yards shall be required. Such landscaping shall consist of walls, fences, mounding, natural vegetation or a combination of these elements to meet the requirements of Chapter 1177 of this Ordinance.
(j) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen from view.
(Ord. 2013-5. Passed 2-12-13.)
1149.01 PURPOSE.
The General Commercial District is established to provide areas for business uses that typically generate an significant degree of intense commercial activity dependent on high traffic volumes. The intent of the GC District is to encourage such business growth while promoting a compatible relationship between permitted uses and overall traffic movement, and minimizing negative impacts on adjacent land uses. The GC District is not intended to be used in the existing downtown core area as a substitute for the U District.
(Ord. 2009-85. Passed 12-8-09.)
1149.02 PERMITTED USES.
(a) Administrative and business offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers including:
(1) Insurance agents and brokers and associated services.
(2) Professional, legal, engineering and architectural services, not including the outside storage or equipment.
(3) Accounting, auditing and other bookkeeping services.
(b) Retail Stores primarily engaged in selling merchandise for personal or household consumption including:
(1) Food and food products, consisting of grocery, meat, fish, fruit or vegetable markets or combinations thereof.
(2) General merchandise, including limited price variety stores and other similar stores selling a variety of general merchandise.
(3) Similar retail stores selling specialty goods, including drug stores, hardware and home repair goods, gift and novelty stores, etc.
(c) Personal Services, involving the care of the person and his/her personal effects, including consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:
(1) Restaurants and taverns,
(2) Banks, savings and loans, and credit agencies.
(3) Barber and beauty shops.
(4) Self-service laundries and/or dry-cleaning establishments.
(5) Human medical and/or dental clinics.
(6) Funeral services.
(d) Business Services engaged in the providing of services to business establishments on a fee or contract basis, consulting services, protective services, office equipment rental, lease or purchase, commercial research and development.
(e) Commercial recreational facilities such as community and public swimming pools, skating rinks, bowling alleys, physical fitness centers.
(f) Lumber and home improvement sales.
(g) Motor vehicle sales.
(h) Hotels and motels.
(i) Garden centers.
(j) Carry out food and beverage establishments with drive-through facilities.
(k) Medical offices and clinics, including nursing and/or convalescent facilities.
(l) Similar uses, as determined by the Planning Commission, in accordance with the provisions by Section 1127.02(e) of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1149.03 CONDITIONAL USES.
(a) Self-service car washes, provided a Site Plan is approved, pursuant to Section 1127.02(g) of this Ordinance.
(b) Temporary or seasonal outdoor sales lots having a maximum operating duration of four (4) months, provided a Site Plan, including a plan for all signage, is approved pursuant to Section 1127.02(g) of this Ordinance and all other permits are obtained.
(c) Self-service storage facilities.
(d) Automobile service establishments including gas stations, but not including truck servicing establishments.
(g) Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 400 persons and provided a Site Plan showing the location of all new and expanded use areas and facilities is submitted and approved pursuant to Section 1127.02(g).
(h) Tattoo and body piercing services (excluding ears) subject to Section 1183.04(f) and 1183.04(g) of this Ordinance. These are establishments where the principal business activity is the practice of one or more of the following: Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. (Ord. 2019-61. Passed 10-8-19.)
1149.04 DEVELOPMENT STANDARDS.
(a) Site Plan. A Site Plan shall be required for all conditional uses and all permitted uses with a gross floor areas of over 20,000 square feet. The Site Plan shall be approved by the Code Inspector prior to issuance of a zoning permit.
(b) Minimum Lot Area. No minimum lot area is required; however, lot area shall be adequate to provide for the required parking and yard areas.
(c) Minimum Lot Width. 100 feet of frontage on a publicly dedicated and improved street or highway.
(d) Minimum Front Yard Depth. Forty (40) feet.
(e) Minimum Side Yard.
(1) When abutting a non-residential zoning district: Twenty (20) feet for structures, ten (10) feet for paved areas.
(2) When abutting a residential zoning district: Forty (40) feet for structures, thirty-five (35) feet for paved areas.
(f) Minimum Rear Yard.
(1) When abutting a non-residential zoning district: Thirty (30) feet for structures, ten (10) feet for paved areas.
(2) When abutting a residential zoning district: Fifty (50) feet for structures, thirty-five (35) feet for paved areas.
(g) Building Height. Thirty-five (35) feet.
(i) Landscaping/Screening. If side or rear yards are adjacent to property in which single family residences are a permitted use, the screening of such yards shall be required. Such landscaping shall consist of walls, fences, mounding, natural vegetation or a combination of these elements to meet the requirements of Chapter 1177 of this Ordinance.
(j) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.
(Ord. 2009-85. Passed 12-8-09.)
1151.01 PURPOSE.
The purpose of the Uptowne District is to promote and foster the economic and physical revitalization of Galion's town center, while recognizing the unique physical characteristics of the area and preserving historic mixed use and pedestrian focus. The standards and requirements of the Uptowne District are based on the following principles:
(a) The downtown should contain a healthy mix of land uses. The marketplace - not regulations - should be the primary force driving the mix of downtown uses.
(b) The maintenance and improvement of the downtown physical environment is important in promoting an active and vital business environment.
(c) Development standards and regulations should encourage the adaptive use of older structures.
(d) The downtown should be particularly receptive to small local-based entrepreneurship and start-up businesses.
(e) Housing - and particularly owner-occupied housing - should be an integral component of the physical fabric of areas adjacent to and around the downtown.
(Ord. 2009-85. Passed 12-8-09.)
1151.02 PERMITTED USES.
(a) Any use specified as a permitted use in Sections 1147.02
(a) through (d), but not including uses with drive-through facilities.
(b) Hotels and Bed-and-Breakfast Establishments.
(c) Community facilities such as governmental offices, post office, libraries, museums, private schools, public parks and similar uses.
(d) Churches and places of public assembly.
(e) Off-street parking areas.
(f) Outside trade areas associated with retail establishments, provided that:
(1) If on a public sidewalk, that no items for sale or display are located within the first four (4) feet from the edge of the curb, thereby allowing for free and clear access for pedestrians, and said trade area may not extend past the edge of the building in which the establishment is housed.
(2) That no obstruction of any kind can be made preventing free and open ingress and egress from any entrance to the retail establishment.
(3) That no merchandise fixtures or items may be left on any sidewalk during non-business hours.
(4) That the business owner shall maintain the sidewalk in a clean and safe condition, and shall immediately clear the sidewalk area when ordered to do so by any City of Galion official, including the Chief of Police or Fire Chief or their authorized representatives.
(5) That the business owner maintain public liability insurance consistent with and in an amount equal to that for their existing establishment that covers said dining or sales, and includes the City of Galion as an additional insured.
(g) Outside dining areas associated with establishments which otherwise serve food and drink, provided that said dining areas adhere to the guidelines as outlined in Section 1151.05
.
(h) Similar Uses, which conform to the purpose of the Uptowne District, as determined by the Planning Commission in accordance with the provisions of Section 1127.02
(e) of this Ordinance.
(Ord. 2016-32. Passed 6-14-16.)
1151.03 CONDITIONAL USES.
(a) Two or more family residences, provided the development standards of the RM District are met, and a Site Plan, pursuant to the requirements of Section 1127.02(g) is submitted by the applicant. Such Site Plan shall include an explanation of how the specific residential use(s) will be developed so as to be consistent with the purposes of the Uptown District. Such Site Plan shall be approved by the Planning Commission. Such residential uses may be allowed as an accessory use to a permitted use in an existing building, provided such uses are limited to the upper stories of those buildings and specific approval is obtained from the Planning Commission.
(b) One-family detached dwellings.
(c) Uses with drive-through facilities, provided a Site Plan is prepared and approved by the Planning Commission.
(d) (Editor's Note: Former subsection (d) hereof was repealed by Ordinance 2015-66.)
(e) Processing, assembly and/or packaging of products or materials, provided such operations are carried out totally within the building , such operations do not produce levels of noise or odors perceptible outside the building, and such use promotes the purpose of the U District as stated in Section 1151.01 above.
(f) Tattoo and body piercing services (excluding ears) subject to Section 1183.04(f) and 1183.04(g) of this Ordinance. These are establishments where the principal business activity is the practice of one or more of the following: Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. (Ord. 2019-62. Passed 10-8-19.)
1151.04 DEVELOPMENT STANDARDS.
(a) Lot Area. No minimum lot area is required.
(b) Lot Width. No minimum lot width is required.
(c) Setbacks. The distance between any building or structure and the right-of-way line of any public street shall be not greater than that of the most proximate building on the same side of the street. No minimum side yard setback shall be required, unless the building or structure is located adjacent to an R District, in which case the setback shall be fifteen (15) feet.
(d) Maximum Building Size. Individual uses within the U District shall have a ground floor area of not more than 5,000 square feet, unless the use is located in an existing building, in which case such restriction shall not apply.
(e) Parking and Loading. Uses within the U District shall be required to provide only twenty-five percent ( 25%) of the number of parking spaces required in Section 1179.04 of this Ordinance, provided at least one (1) parking space is provided for each employee during any one business shift.
(f) Manufactured/Modular Buildings. The use of manufactured and/or modular buildings for business purposes shall be prohibited.
(g) Property Maintenance. No owner of a property or structure in the U District shall by willful neglect, fail to provide sufficient and reasonable care, maintenance and upkeep to such property or structure. For the purposes of this Section, maintenance and upkeep shall include keeping exterior surfaces free from debris, garbage, noxious weeds, or free from hazardous objects or conditions such as holes, broken concrete, broken glass, and dead or dying trees or vegetation.
(h) Screening. If side or rear yards are adjacent to property in which single family residences are a permitted use, the screening of such yards shall be required. Such landscaping shall consist of walls, fences, mounding, natural vegetation or a combination of these elements.
(i) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.
(Ord. 2009-85. Passed 12-8-09.)
1151.05 OUTDOOR DINING.
(a) Outdoor dining areas associated with currently operating retail food and/or drink establishments are permitted in the Uptowne (U) District, provided that the requirements of this Section are met.
(b) General Guidelines.
(1) If on a public sidewalk, that no fixtures, merchandise, or obstruction of any kind may be placed within the first four (4) feet from the edge of the curb, thereby allowing for free and clear access for pedestrians, and said outdoor dining area may not extend past the edge of the building in which the establishment is housed.
(2) No obstruction of any kind can be made preventing free and open ingress and egress from any entrance to the business establishment.
(3) That the retail food and/or drink establishment business owner shall maintain the sidewalk in a clean and safe condition, and shall immediately clear the sidewalk area when ordered to do so by any City of Galion official, including the Chief of Police or Fire Chief or their authorized representatives.
(4) That the retail food and/or drink establishment owner maintain public liability insurance consistent with and in an amount equal to that for their existing establishment that covers said dining or sales, and includes the City of Galion as an additional insured.
(5) The City of Galion's permission to establish an outdoor dinng area is on an annual, renewable basis, and during each period, the permit holder must remain compliant with all of the following:
• Food trays or carts, receptacles for dirty dishes, etc. cannot be stored on any portion of the public right of way.
• All tables, chairs, etc. must be promptly removed from the sidewalk at the end of each business day unless the same is secured consistent with the design guidelines herein.
• Outdoor dining areas must meet applicable health requirements and all applicable ordinances of the City of Galion.
(c) Application.
(1) An application must be submitted by the owner of the retail food and/or drink establishment and, if said owner is a lessee, with the building owner's written permission, seeking to create or to significantly change an existing outdoor dining facility. It is assumed by both the City and the Applicant that permitted outdoor dining facilities are intended only for business customers and other invited guests of the retail food and/or drink establishment; a clearly delineated area within the public right of way for outdoor dining by definition removes access to the facilities by the general public.
(2) Applications for outdoor dining facilities will be considered by the City only if the Applicant is in full compliance with the City income tax and real estate tax obligations, as well as property maintenance requirements.
(Ord. 2016-32. Passed 6-14-16.)
(3) Applications will be reviewed by City staff on a first-come, first-served basis, with all such applications forwarded to the City of Galion Design Review Board for guidance, input, and approval on materials, placement, and overall aesthetics of proposed outdoor dining facilities. The Design Review Board shall base its review and decision on the design guidelines included herein. (Ord. 2018-5. Passed 3-13-18.)
(4) Retail food and/or drink establishments seeking to serve alcohol as part of their proposed outdoor dining facility must comply with all relevant City of Galion ordinances relating to the sale and consumption of alcohol on public property, as well as all relevant laws of the State of Ohio Department of Commerce, Division of Liquor Control. In all applications for, or permissions granted, by the City of Galion concerning outdoor dining facilities, the retail food and/or drink establishment must remain in good standing and otherwise compliant with all Division of Liquor Control regulations and requirements, including those addressing the configuration of seating elements.
(5) Process.
A. Applications for outdoor dining areas shall be submitted to the Safety-Service Director and, if the retail food and/or drink establishment seeks to serve alcohol within the outdoor dining facility, all appropriate applications and approval steps must first be completed with the Division of Liquor Control.
B. Applications must include a cover letter and numbered/lettered attachments that include or otherwise address all of the following:
• Name and address of the retail food and/or drink establishment owner making the application ("Applicant"). If the Applicant is a lessee, it must include in its application the building owner's written permission.
• A site plan of the retail food and/or drink establishment and its proposed outdoor dining facility, in such detail as to identify: boundaries, distances, entrances into the retail food and/or drink establishment, any delineated boundary area, and adjacent building entrances; property lines, sidewalk width and all surface obstructions within 15 feet of the outdoor dining area (e.g. brick landscaping walls, fire hydrants, streetlights, parking meters, trees, tree grates, etc.); width and length of the outdoor dining area, approximate location of tables and chairs, the delineated boundary (if serving alcohol), with details showing specifications, materials, and conformity to the design guidelines set forth herein.
• Evidence that the outdoor dining area is in accordance with the City of Galion's master zoning plan or map and design review guidelines.
C. The City of Galion is not obligated to approve submitted applications and may decline the same for any reason.
D. Each approved application will be valid for one (1) year use of an outdoor dining area. Renewals may be granted administratively by the City of Galion Code Inspector.
E. The City of Galion reserves the right to revoke its permission for outdoor dining areas once granted, if the area fails to meet the standards under Ohio law, these policies and procedures, or adhere to the representations made in the application. As such, the City reserves unto itself the right to conduct any necessary review of outdoor dining areas prior to making any renewal determinations.
(d) Design Guidelines.
(1) Tables and chairs must be comprised of metal or wood. Likewise, planter style and materials must complement the storefront. No plastic tables or chairs are permitted.
(2) Retail food and/or drink establishments serving alcohol in the public right of way must clearly delineate the entire outdoor dining area with a boundary that is permanent (not easily movable), and the bounded area is contiguous to the premises for which the Division of Liquor Control has issued an appropriate liquor permit.
A. The delineating boundary must be in the form of either (i) a fence that is 36 inches in height or (ii) appropriately arranged planters. Whichever form taken, the delineated boundary must encompass the entire outdoor dining area.
B. If using a fence, its material must be either historically appropriate wrought iron or steel made to resemble historically appropriate wrought iron. There must be no more than one (1) fence gate along the boundary that allows for movement by patrons of the outdoor dining area.
C. If using planters, the delineated boundary shall have a permanent appearance and application, as well as a clearly defined entrance.
D. The delineated boundary materials may be removed on a seasonal basis (i.e. deconstruct the area during the colder months or during such special events or maintenance activities as the City may require). In such cases, the retail food and/or drink establishment must adhere to requirements set forth by the Division of Liquor Control. The City acknowledges that the regular cycle of construction of deconstruction of boundary materials necessarily involves the parallel process of the retail food and/or drink establishment business applying to the Ohio Department of Commerce for expansion/diminution under liquor permits each year.
(3) Retail food and/or drink establishments must keep at least one (1) durable, covered, and appropriately sized rubbish container within the outdoor dining area, and their staff are solely responsible for bussing tables and general clean-up.
(4) Placement of outdoor furniture, planters, and/or fencing on the sidewalk must conform to all federal ,state, and local laws and regulations, including but not limited to the Americans with Disabilities Act and all relevant guidelines and procedures of the Division of Liquor Control.
(5) Umbrellas may be permitted under circumstances where the umbrellas, when raised, do not interfere with pedestrian traffic or other features within the public right of way. Umbrellas shall not depict any advertising, including graphics, logos, or names. Umbrellas are not to be used in any area of an outdoor dining area where an awning is in place.
(6) The outdoor furniture, planters, and /or fencing cannot have a substantially adverse impact on the use, enjoyment, or property values of adjoining properties.
(e) Additional Considerations if Serving Alcohol.
(1) Retail food and/or drink establishments with a valid on-premises liquor permit within the Uptowne District may serve alcohol within approved outdoor dining areas. Sale of alcohol shall be for on premises consumption only.
(2) Site plan information submitted to the City of Galion for outdoor dining areas must be identical to any such plans submitted to the Ohio Department of Commerce, Division on Liquor Control and such plans must be approved by said Division and the City.
(3) Alcohol must not be removed from the clearly delineated outdoor dining area.
(Ord. 2016-32. Passed 6-14-16.)
(Ord. 2016-32. Passed 6-14-16.)
1153.01 PURPOSE.
The purpose of the Highway Commerce District is to provide for the efficient, coordinated and integrated development of commercial and/or industrial uses that desire locations offering direct access to U.S. 30. Proposed uses in the HC District shall demonstrate development characteristics consistent with the land use, density, transportation and community facilities objectives of the City. In order to accomplish the above purpose(s), the applicant shall be allowed a greater degree of flexibility to design the business environment.
The process for achieving the above purposes is to require the submission and approval of a Development Plan prior to obtaining a Zoning Certificate as part of the approval for the construction in the area. The Development Plan shall specify the uses that will be developed on the site. The applicant shall also prepare and submit a development standards text that identifies any development requirements that are less restrictive than the standards proposed in this Ordinance. The applicant must also justify the modifications of these standards based on the fact that the proposed development exceeds the minimum requirements in other areas and will result in development pattern that is consistent with the purposes of this Chapter.
(Ord. 2009-85. Passed 12-8-09.)
1153.02 DEVELOPMENT PLAN.
Prior to the issuance of a Zoning Certificate in the Highway Commerce District, the applicant shall submit a Development Plan for the area. The Development Plan is a detailed site plan that contains, at a minimum, setbacks, height requirements, parking and loading, traffic circulation and "stacking" mechanisms, waste handling, landscaping and buffering, signage and graphics, and lighting. In addition, the Development Plan shall include a detailed description of the uses that are proposed on the site, and the development standards text as referenced in Section 1153.01 above.
(Ord. 2009-85. Passed 12-8-09.)
1153.03 PERMITTED USES.
Land and buildings within the Highway Commerce District shall be used only for the specific use or uses as identified by the applicant in the Development Plan cited above. The applicant shall show that the proposed use is appropriate to the site. Generally, permitted uses within the Highway Commerce District shall not involve storage of inventory or operations outside an enclosed building, and shall demonstrate the ability to efficiently address large volumes of traffic in a manner coordinated with adjacent uses. Such permitted uses may include:
(a) Retail sales and service, consisting of firms involved with the sale, lease or rent of products or goods to the general public and/or providing on-site product repair or services for such goods.
(b) Personal services consisting of firms providing personal services or entertainment to the general public, including restaurants, banks and/or savings and loans, credit unions, medical and related offices, and similar establishments.
(c) Hotels and motels
(d) General office activities, consisting of facilities where activities are conducted in an office setting and generally focus on business services.
(e) Warehousing and distribution, consisting of firms involved with the storage and/or movement of goods.
(f) Vehicle service, consisting of firms servicing automobiles, trucks and other commercial and/or consumer vehicles, including motorcycles, boats and/or recreational vehicles.
(g) Research and development uses involved with the testing, laboratory and minor fabrication/assembly operations.
(Ord. 2009-85. Passed 12-8-09.)
1153.04 CONDITIONAL USES.
Conditional uses may be appropriate within the HC District, but require more detailed evaluation with respect to location, design, size, method and hours of operation, intensity of use, traffic generation and potential impact on surrounding uses. It is the responsibility of the Planning Commission to perform this evaluation and to attach such necessary conditions and/or safeguards. Outside storage of materials and/or inventory shall be allowed as accessory to these uses, provided the required Development Plan includes acceptable methods for screening such storage areas from any adjacent residential areas. Conditional uses within the Highway Commerce District include the following:
(a) Manufacturing and production, consisting of firms involved in the manufacturing, processing, fabrication, packaging or assembly of goods.
(b) Industrial service, consisting of firms engaged with the repair or servicing of industrial, business or consumer machinery, equipment or products.
(c) Industrial product sales, consisting of firms involved with the sale, rent or lease of products generally intended for industrial or commercial users.
(d) Commercial recreational and assembly facilities serving a regional market.
(e) Telecommunications towers, subject to the requirements of Section 1175.07 of this Ordinance.
(f) Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 400 persons and provided a Site Plan showing the location of all new and expanded use areas and facilities is submitted and approved pursuant to Section 1127.02(g).
(g) Similar business uses meeting the objectives and standards of the Highway Commerce District, as determined by the Planning Commission
(Ord. 2011-68. Passed 9-27-11.)
1153.05 MINIMUM DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. Five (5) acres, provided adequate space is allowed for building and parking setbacks, circulation and landscaping. In addition, all principal and subordinate uses and structures, including parking and paved areas, shall be located not less than 300 feet from any district where residences are a permitted use, and not less than fifty (50) feet from any other zoning district.
(b) Minimum Lot Width. The site shall have continuous frontage on an arterial street of not less than 200 feet, plus adequate width to provide for yard spaces and parking areas. In addition, when abutting a residential zoning district, 100 feet for structures, fifty (50) feet for paved areas, subject to the requirements of subsection (a) above.
(c) Side and Rear Yards. All structures shall be set back a minimum of twenty-five (25) feet from property lines, provided the requirements of subsection (a) above are met.
(d) Front Yard Depth. Any new structure, including signs, or parking area must be located not less than 100 feet from the centerline of the road or highway on which the use has frontage.
(e) Height. No structure shall exceed a height of sixty (60) feet.
(Ord. 2009-85. Passed 12-8-09.)
1153.06 OFF-SITE IMPACTS.
No land or structure in the HC District shall be used or occupied in such a manner so as to create any dangerous, injurious, or noxious impact on any land which is located in any other zoning district. Such impacts may result from noise, vibration, odor, smoke or dust, or glare. Statements in writing that such uses comply or will comply with such uses may be required by the Planning Commission from the owner. In cases of doubt, the City shall have the authority to select and arrange for an independent survey by a professional engineer qualified in the particular field and the costs for such service shall be paid by the applicant.
(a) Noise. The sound pressure level of any operation on a lot shall not exceed the average intensity of street traffic noise in the nearest residential districts, and no sound shall be objectionable due to intermittence, beat, frequency or shrillness.
(b) Vibration. No vibration which is perceptible without the aid of instruments shall be permitted, as measured on the most proximate lot.
(c) Odor. No emission of odorous matter in any quantities so as to produce a public nuisance shall be permitted.
(d) Dust and Smoke. The emission of smoke, soot, fly ash, fumes, dust or other types of pollutants borne by the wind shall be controlled so that the rate of emission and quantity deposited do not create a public nuisance, as measured on the most proximate lot within a non-industrial district.
(e) Storm Drainage and Runoff. Excessive water runoff from the developed site shall be addressed in a manner that minimizes the impact of such runoff on adjacent property. Generally it will be necessary to route such storm water to a watercourse, stream or existing storm system that has the capacity to accommodate the additional flow, or other acceptable on-site water retention methods.
(f) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.
(Ord. 2009-85. Passed 12-8-09.)
1153.07 REVIEW OF DEVELOPMENT PLAN.
In reviewing the Development Plan, the Planning Commission shall consider the following criteria:
(a) That the proposed development is consistent with the purpose, intent and purposes of this Chapter.
(b) That the proposed development is in conformity with appropriate comprehensive plans, or portions thereof, as may be adopted by the City.
(c) That the proposed uses are appropriate to the site and setting.
(d) That the acceptability of setbacks, distances between buildings, yard space, traffic accessibility and other elements of the Plan shall contribute to the orderly development of the City.
(e) That any modifications to minimum development standards established by the Zoning Ordinance are properly identified and justified as necessary for a high level of development.
(Ord. 2009-85. Passed 12-8-09.)
1153.08 MODIFICATION OF DEVELOPMENT PLAN.
After approval, minor modifications to the Development Plan may be made as may be approved by the Planning Commission. Such modification shall not change the essential character of the Plan, as approved. If the Planning Commission determines that such proposed changes significantly alter the approved Plan, then the Plan must be resubmitted to Planning Commission for formal approval. Development of land shall not proceed prior to final approval of the Development Plan. Any development undertaken without such final approval shall be in violation and subject to penalties as specified in Chapter 1119 of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1155.01 PURPOSE.
The ES District is established to recognize and protect established land use patterns and the character of the surrounding neighborhoods, while at the same time providing for public school facilities that have no student housing; to allow for such other related uses which are of an educational nature and/or are compatible with the character and intensity of area properties; and to provide district regulations and development requirements consistent with these goals.
(Ord. 2018-3. Passed 1-9-18.)
1155.02 PERMITTED USES.
(a) Public schools, including elementary schools, middle schools, high schools, vocational schools, or colleges/universities.
(b) Any non-educational uses to which a permitted public school may be put pursuant to contract, lease, or permission, including but not limited to public gatherings, community meetings, religious assembly, and service as a polling location, provided that such uses are limited to no more than twenty-five percent (25%) of the gross square footage of any existing school building and may only be conducted on an intermittent basis.
(c) Structures customarily associated with permitted uses, including playgrounds; unlighted athletic fields and tracks; and outdoor education-related facilities.
(Ord. 2018-3. Passed 1-9-18.)
1155.03 ACCESSORY USES.
(a) Buildings used for storage of mechanical equipment or other general storage purposes not exceeding 1,000 square feet.
(b) Parking areas.
(Ord. 2018-3. Passed 1-9-18.)
1155.04 CONDITIONAL USES.
(a) Facilities relating to transportation services related to the operation of permitted uses, including structures for storing and maintenance of busses and other vehicles. A Site Plan shall be submitted for any such facility or the expansion thereof.
(b) Lighted athletic fields and tracks, or the addition of lights to existing athletic fields and tracks.
(c) Buildings used for storage of mechanical equipment or other general storage purposes exceeding 1,000 square feet.
(Ord. 2018-3. Passed 1-9-18.)
1155.05 DEVELOPMENT STANDARDS.
(b) Lot Size. The minimum lot size for any individual school is three (3) acres.
(c) Yard Requirements (Setbacks). All structures, parking areas and active recreational/athletic uses shall be no less than twenty feet (20') from any adjoining residential property line or public street right-of-way. A landscaped buffer consistent with Chapter 1177 of the City of Galion Planning and Zoning Code shall be provided in all such instances.
(d) Open Space. At least thirty percent (30%) the total land area located within a designated ES District, including public rights-of-way, shall be retained as open space. Exceptions will be made to parking areas with approved pervious pavement applications.
(e) Building Height. The height of any building for a permitted main use shall not exceed forty feet (40'), and any permitted accessory structure shall not exceed twenty feet (20') unless permitted elsewhere in this Planning and Zoning Code. Conditional uses may be of such height as approved by the Planning Commission.
(f) Lighting. Floodlighting and all other lighting of any use allowed under this Chapter shall be so designed and located so as to shield the light sources and glare from any structure in any adjacent residential area.
(Ord. 2018-3. Passed 1-9-18.)
1157.01 PURPOSE.
The GI District is established to provide for the continuance of existing industrial activity and to encourage private reinvestment and revitalization of industrial sites within the older portions of the City of Galion, while maintaining adequate development standards.
It is recognized that property within the GI District is likely to be located in older areas of the City that are characterized by mixed land use and higher densities. It is the intent of this Ordinance, and this District in particular, to protect and preserve the basic property rights of such existing industrial uses, while promoting the compatibility of such uses with adjacent neighborhoods.
(Ord. 2009-85. Passed 12-8-09.)
1157.02 PERMITTED USES.
(a) Public facilities consisting of buildings or structures housing essential services.
(b) Manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials, and products, consistent with the purpose of the GI District.
(c) Warehousing, wholesale establishments, manufacturing retail outlets, distribution and related uses, including truck and transfer terminals.
(d) Industrial product sales or service, consisting of firms engaged in the sale, rent or lease of products intended for industrial or commercial users, or the repair and/or servicing of industrial or commercial machinery, equipment or products.
(e) Firms servicing automobiles, trucks or other vehicles.
(f) Administrative, professional and business offices associated with and incidental to another permitted use.
(g) Similar uses, as determined by the Planning Commission in accordance with the provisions of Chapter 1127 of this Ordinance, and the purposes of the General Industrial District.
(Ord. 2009-85. Passed 12-8-09.)
1157.03 CONDITIONAL USES.
(a) Storage and salvage yards and recycling facilities, subject to the screening requirements of this Chapter and the approval of a Site Plan by the Planning Commission.
(c) Churches and similar places of public assembly, provided the seating capacity of the sanctuary or main seating area is not more than 400 persons and provided a Site Plan showing the location of all new and expanded use areas and facilities is submitted and approved pursuant to Section 1127.02(g). (Ord. 2011-68. Passed 9-27-11.)
1157.04 MINIMUM DEVELOPMENT STANDARDS.
(a) Site Plan. A Site Plan shall be required for any proposed permitted or conditional use that is located adjacent or within 200 feet from any property that is zoned in any R District.
(c) Minimum Lot Width. No minimum lot width is required; however, all lots shall abut a publicly dedicated and improved street and shall have adequate width to provide for yard spaces and parking areas.
(d) Side Yards. When the lot abuts a residential zoning district, the required side yard shall be not less than twenty-five (25) feet. When the lot abuts a non-residential zoning district, the required side yard shall be not less than ten (10) feet for structures and paved areas.
(e) Front Yard Depth. Front yard depth shall be equal to or more than the average of the three (3) nearest structures on the same side of the street. In those cases where there are no structures on those properties adjacent to the subject property, the front yard depth shall be not less than twenty (20) feet from the right-of-way line of the street on which the property has frontage.
(f) Minimum Rear Yard Depth. Minimum rear yard depth shall be at least twenty-five (25) feet.
(g) Height. No structure shall exceed a height of fifty (50) feet.
(h) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view from any R District.
(Ord. 2009-85. Passed 12-8-09.)
1157.05 PERFORMANCE STANDARDS.
Permitted uses within the GI District shall comply with the following standards:
(a) Fire and Explosion Standards. All activities, including storage, involving flammable or explosive material shall comply with regulations as enforced by the Ohio State Fire Marshal and/or the City of Galion. All standards enforced by the Occupational Safety and Health Administration shall be adhered to. Burning of waste materials in open fire is prohibited, as enforced by the Ohio Environmental Protection Agency (OEPA)
(b) Air Pollution. No emission of air pollutants shall be permitted which violates the Clean Air Act as enforced by the OEPA.
(c) Glare, Heat and Exterior Light. Any operation producing intense light or heat, such as high temperature processes like combustion, welding, or otherwise, shall be performed within an enclosed building and not be visible beyond the lot line bounding the property whereon the use is conducted.
(d) Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system, or stream, or onto the ground, of any materials of such nature or temperature as may contaminate any water supply or interfere with bacterial processes in sewage treatment, shall be permitted. The standards of the OEPA shall apply.
(e) Vibration and Noise. No uses shall be located and no equipment shall be installed in such a manner as to produce intense, earth shaking vibration which is discernable without instruments at or beyond the property line of the subject premises.
(f) Odors. Any applicable standards of the Ohio Department of Health, OEPA and/or other applicable agencies shall be adhered to.
(g) Open Storage and Display of Material and Equipment. The open storage and display of material and equipment incidental to permitted uses shall be permitted, provided the area used for open storage shall be effectively screened from all adjoining properties in any residential district by means of walls, fences or plantings. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon. In lieu of such wall or fence, a strip of land not less than ten (10) feet in width, planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height at the time of planting may be substituted.
(Ord. 2009-85. Passed 12-8-09.)
1159.01 PURPOSE.
The purpose of the Industrial Park (IP) District is to provide suitable areas for the development and expansion of a broad range of industrial and related activities, particularly on the periphery of the City, while protecting the character of nearby residential and commercial areas. Permitted uses within the IP District must operate:
(a) Primarily within enclosed structures.
(b) In compliance with the performance standards cited in Section 1157.05 of this Ordinance.
(c) with minimal adverse environmental or economic impact on adjacent properties.
(d) Free from noise, odor, dust, smoke, light, glare or vibration at levels in excess of the average level on adjacent streets and properties.
(e) Without imposing unusual burdens upon utility or governmental services.
(Ord. 2009-85. Passed 12-8-09.)
1159.02 PERMITTED USES.
(a) General office activities, consisting of facilities where activities are conducted in an office setting and generally focus on business services.
(b) Personal services, consisting of firms providing personal services or entertainment to the general public, including restaurants, banks and/or savings and loans, credit unions, hotels or motels, medical and related offices, and similar establishments.
(c) Manufacturing, compounding, processing, assembling, packaging, or treatment of goods, materials, and products.
(d) Warehousing and distribution, consisting of firms involved with the storage and/or movement of goods.
(e) Industrial product sales or service, consisting of firms engaged in the sale, rent or lease of products intended for industrial or commercial users, or the repair and/or servicing of industrial or commercial machinery, equipment or products.
(f) Similar uses, as determined by the Planning Commission in accordance with the provisions of Section 1127.02(e) of this Ordinance, and the purpose of the IP District.
(Ord. 2009-85. Passed 12-8-09.)
1159.03 CONDITIONAL USES.
Conditional uses may be appropriate within the IP District, but require more detailed evaluation with respect to location, design, size, method and hours of operation, intensity of use, traffic generation and potential impact on surrounding uses. It is the responsibility of the Planning Commission to perform this evaluation, based on analysis of a required Site Plan and to attach such necessary and appropriate conditions and/or safeguards. Conditional uses within the IP District shall consist of the following:
(a) Retail sales and service, consisting of firms involved with the sale, lease or rent of products or goods to the general public and/or providing on-site product repair or services for such goods.
(b) Vehicle sales and/or service, consisting of firms servicing automobiles, trucks and other commercial and/or consumer vehicles, including motorcycles, boats and/or recreational vehicles.
(c) Contractor equipment and storage yards, provided adequate fencing and screening devices are installed.
(d) Telecommunications towers, subject to the requirements of Section 1175.07 of this Ordinance
(e) Similar business uses meeting the objectives and standards of the Industrial Park District, as determined by the Planning Commission.
(Ord. 2009-85. Passed 12-8-09.)
1159.04 MINIMUM DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. Five (5) acres, provided adequate space is allowed for building and parking setbacks, circulation and landscaping. In addition, all principal and subordinate uses and structures, including parking and paved areas, shall be located not less than 200 feet from any district where residences are a permitted use, and not less than fifty (50) feet from any other zoning district.
(b) Minimum Lot Width. No minimum lot width is required; however, all lots shall abut a publicly dedicated and improved street and shall have adequate width to provide for yard spaces and parking areas.
(c) Side Yards. When abutting a non-residential zoning district, fifty (50) feet for structures, twenty-five (25) feet for paved areas:
When abutting a residential zoning district, 150 feet for structures, fifty (50) feet for paved areas, subject to the requirements of Section subsection (a) above.
(d) Front Yard Depth. Any new structure or parking area must be located not less than 1seventy (70) feet from the right-of-way of the road or highway on which the use has frontage.
(e) Minimum Rear Yard Depth. Minimum rear yard depth shall be required so as to meet the spacing requirements of Section subsection (a) above.
(f) Maximum Lot Coverage. Forty percent (40%) of lot area.
(g) Height. No building shall exceed a height of fifty (50) feet.
(h) Fencing and Screening. Any area used for open storage related to a permitted or conditional use shall be effectively fenced from all adjoining properties. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon, and shall contain gates, locks and/or other appurtenances so as to prevent illegitimate access. In addition, if side or rear yards are adjacent to property in any R District, the screening of such yards, using fencing or landscaping shall be required. Such landscaping shall consist of walls, fences, mounds, natural vegetation or a combination of these elements, as approved by the Planning Commission.
(i) Trash and Garbage Control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view.
(Ord. 2009-85. Passed 12-8-09.)
1163.01 PURPOSE.
The purpose of these regulations is to provide for planned unit development (PUD) within the City of Galion, in order to achieve:
(a) A greater choice of living environments by allowing a variety of housing and building types and densities within a single development.
(b) A more useful pattern of open space and recreation areas and, if permitted as part of the project, more efficiency in the location of accessory commercial uses and services.
(c) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns.
(d) A more efficient use of land resulting in substantial savings through shorter utilities and streets.
(e) A development pattern in harmony with land use, density, transportation, and community facilities objectives of the City.
The Planned Unit Development process shall be treated as a zoning amendment.
(Ord. 2009-85. Passed 12-8-09.)
1163.02 DEFINITION.
"Planned Unit Development", or "PUD", shall mean an area of land in which a variety of housing types and/or subordinate commercial facilities are accommodated in a planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The approval of such development contains requirements in addition to those of the standard zoning districts, such as building design principles, and landscaping plans.
(Ord. 2009-85. Passed 12-8-09.)
1163.03 PERMITTED AND CONDITIONAL USES.
Permitted uses within the R, LC and IP Districts may be combined in the PUD District, provided that the proposed locations of non-residential uses are compatible with the design of the overall tract, will not adversely impact adjacent property, and that the location of such uses are specified in the preliminary and final development plans.
The amount of land devoted to non-residential uses in a planned unit development combining residential and non-residential components shall require approval by the Planning Commission.
(Ord. 2009-85. Passed 12-8-09.)
1163.04 PROJECT AREA.
The gross area of a tract of land proposed to be developed in a single PUD District shall be a minimum of ten (10) acres. This requirement may be waived by the Planning Commission if all property abutting the subject tract is platted and/or developed.
(Ord. 2009-85. Passed 12-8-09.)
1163.05 COMMON OPEN SPACE.
A minimum of twenty percent (20%) of the gross land area developed in any planned unit development project shall be reserved for common open space and/or recreational facilities. Such common open space shall be:
(a) Dedicated to a homeowner's association who shall have title to the land which shall be retained as common open space. The legal Chapters relating to the organization of the homeowner's association shall be subject to review and approval by the Planning Commission and shall provide adequate provisions for the perpetual care and maintenance of all such common areas; or,
(b) Dedicated to the City for parks, open space, or the site of schools or other related public facilities. All land so dedicated to the City shall be subject to the review and approval of the Planning Commission; or,
(c) Some combination of subsections (a) and (b).
Public utility and similar easements and rights-of-way for watercourses or other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a bikeway, trail or similar facility and has been approved by the Planning Commission.
(Ord. 2009-85. Passed 12-8-09.)
1163.06 UTILITIES.
All electrical, telephone, cable television, and similar utility transmission and distribution lines shall be located underground.
(Ord. 2009-85. Passed 12-8-09.)
1163.07 ARRANGEMENT OF NON-RESIDENTIAL USES AND PARKING.
When development in the PUD District includes non-residential uses, buildings shall be planned having common parking areas and common ingress and egress points, in order to reduce traffic congestion and mitigate potential conflict points. Planting screens or fences shall be provided on the perimeter of such areas where they are adjacent to properties zoned for single family residential use. Parking areas shall be designed so as to discourage single, large, unbroken paved lots, and shall encourage smaller defined parking areas within the total parking system. Such defined parking areas should be delineated and accented by landscaped areas.
Service, delivery, and loading areas shall be, to the maximum possible extent, located to the rear of structures, and screened from view by landscaping.
The plan of projects developed in the PUD District shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding areas.
(Ord. 2009-85. Passed 12-8-09.)
1163.08 RESIDENTIAL DENSITY.
The City of Galion is prepared to accept a higher density in undeveloped areas than that reflected by current zoning, provided the developer can utilize planned unit development techniques to demonstrate that any increment of public cost clearly attributable to increased densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.
The overall maximum density of the residential portions of the entire planned unit development shall be consistent with the most previous zoning classification in which the tract was located. The calculation of such density shall be based on the number of proposed dwelling units divided by the area of the site designated for residential use, excluding streets, rights-of-way and parking areas.
Notwithstanding the above, individual portions of the planned unit development may be developed at a higher residential density, provided the overall density meets the requirements above. In such cases, the resulting undeveloped land may be utilized as common open space.
(Ord. 2009-85. Passed 12-8-09.)
1163.09 PRIVATE ROADS.
Private roads or streets as a common easement may be used in the PUD District to provide internal circulation to clustered lots and/or individual residential structures in residential planned unit developments in accordance with the following requirements:
(a) The easement shall not be counted as required open space.
(b) The road or street is approved as part of the subdivision plat as the most appropriate form of access to lots and/or structures
(c) Private roads shall not be used to provide access to non-residential areas or as through streets.
(Ord. 2009-85. Passed 12-8-09.)
1163.10 PROCEDURE FOR APPROVAL OF PUD DISTRICT.
1163.11 PRE-APPLICATION.
The developer is encouraged to meet with the Code Inspector, City Engineer and Planning Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purposes of this section and the criteria and standards contained herein, and to familiarize the developer with the planned unit development process, other provisions of this Code, and the drainage, sewer, and water systems within the City.
(Ord. 2009-85. Passed 12-8-09.)
1163.12 CONTENTS OF APPLICATION FOR PRELIMINARY DEVELOPMENT PLAN.
An application for preliminary planned unit development shall be filed with the Planning Commission by at least one (1) owner of the property for which the planned unit development is proposed. The preliminary plan must cover the entire contiguous ownership of the applicant unless the applicant specifically states in writing that he/she does not intend to develop the withheld portion of the tract for at least five (5) years. At a minimum, the application shall contain the following information and material:
(a) Name, address, and phone number of applicant.
(b) Legal description of property.
(c) Description of existing use.
(d) Present and proposed zoning district(s).
(e) A vicinity map at a suitable scale, showing property lines, streets, existing and proposed zoning for all property adjacent to and within 200 feet from the proposed site.
(f) A list of all property owners within 200 feet from the proposed site, and their address as appearing on the Crawford County Auditor's current tax list.
(g) Proposed schedule for the development of the site.
(h) Evidence that the applicant has sufficient control over the land in question to effectuate the proposed development plan.
(i) A Preliminary Development Plan drawn to scale, prepared by a registered architect, registered engineer and/or registered landscape architect. Such plan shall contain the following information at a minimum:
(1) Selected uses by area or specific building location, allocation of land use by type as measured in acres, adjacent existing land use, right-of-way, and relationship to adjacent land use
(2) General location of thoroughfares, including type, as well as location and size measured in number of parking spaces for all off-street parking areas, including curb cuts.
(3) Open space and the intended uses therein and acreage provided
(4) Residential land uses summarized by lot size, dwelling type and density.
(5) Existing and proposed roads, buildings, utilities, permanent facilities, easements, rights-of-way and abutting property boundaries.
(6) Physical features and natural conditions of the site including soils, the location of vegetation and existing tree lines.
(7) Surface drainage and areas subject to flooding.
(8) Preliminary plan for water, sewer, storm drainage and other utility systems, as well as a general analysis by a Professional Engineer attesting to the general engineering feasibility of the project, as proposed.
(Ord. 2009-85. Passed 12-8-09.)
1163.13 REVIEW PROCEDURE.
Ten (10) copies of the completed application and Preliminary Development Plan shall be submitted to the Code Inspector at least sixteen (16) working days prior to the Planning Commission's next scheduled meeting. Failure to submit a complete application shall result in a refusal of acceptance. The Code Inspector shall transmit the complete application package to the Planning Commission and other parties as deemed appropriate for review and comment.
A public hearing shall be held by the Planning Commission not more than sixty (60) days from the date of acceptance of the application package. The notification requirements for such hearing shall be as set forth in Section 1113.05 of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1163.14 ACTION BY PLANNING COMMISSION ON PRELIMINARY DEVELOPMENT PLAN.
Within thirty-five (35) days after the public hearing held by the Planning Commission, the Commission shall make a recommendation to City Council, following the procedures as cited in Section 1113.05 of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1163.15 CRITERIA FOR RECOMMENDATIONS BY PLANNING COMMISSION.
Before making its recommendation as required in Section 1163.14, the Planning Commission shall determine whether the facts submitted with the application and presented at the public hearing establish that:
(a) Each individual part of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability, and the uses proposed will not impose undue adverse impacts on adjacent uses, but will have a beneficial effect which could not be achieved under standard district regulations.
(b) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate volumes of traffic which would overload the street network outside the development.
(c) Any proposed commercial development can be justified at the proposed locations.
(d) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan.
(e) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(f) The existing and proposed public services are adequate for the population densities and uses proposed, and in conformance with capital improvements planned for the area.
In making its recommendation, the Planning Commission may seek the assistance and input of outside consultants and/or experts procured for that purpose. All costs associated with such input shall be paid by the applicant for the PUD zoning.
(Ord. 2009-85. Passed 12-8-09.)
1163.16 ACTION BY CITY COUNCIL.
Upon receipt of the recommendation by the Commission, City Council shall review and take action on the application, following the procedures specified in Section 1113.06 of this Ordinance. Following approval by City Council, the subject property shall be considered as zoned PUD . The approval of that zoning shall be conditioned on development of the tract being in conformance with the Final Development Plan.
(Ord. 2009-85. Passed 12-8-09.)
1163.17 FINAL DEVELOPMENT PLAN.
Not later than twelve (12) months from the approval of the Preliminary Development Plan, the developer shall submit ten (10) copies of the Final Development Plan to the Code Inspector. The Final Development Plan shall be in general conformance with the Preliminary Development Plan. Failure to submit a Final Development Plan within the specified time period shall render the approved Preliminary Development Plan and the rezoning of the property null and void and the land shall revert to the zoning district in which it was located prior to the amendment.
(Ord. 2009-85. Passed 12-8-09.)
1163.18 CONTENTS OF APPLICATION FOR APPROVAL OF FINAL DEVELOPMENT PLAN.
An application for approval of the Final Development Plan shall be filed with the Code Inspector at least sixteen (16) working days prior to the Planning Commission's next scheduled meeting, by at least one (1) owner or lessee of property for which the planned unit development is proposed. Each application shall be signed by the owner attesting to the truth and exactness of all information supplied on the application for Final Development Plan. The Final Development Plan shall be prepared by a registered architect or engineer and, at a minimum, shall contain the following information and materials:
(a) A survey of the proposed development site, showing the dimensions and bearings of the property lines, areas in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses.
(b) All the information required in the Preliminary Development Plan, including the location and sizes of lots, location and proposed density of dwelling units, non-residential building intensity, and land use considered suitable for adjacent properties.
(c) A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres on the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population, anticipated timing for each unit; and population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other resolution governing development.
(d) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations; waste disposal facilities; street improvements, and, nature and extent of earth work required for traffic circulation and street improvements, and nature and extent of earth work required for site preparation and development.
(e) Site plan, showing building(s), various functional use areas, circulation and their relationship.
(f) Architectural renderings and accompanying narrative to discuss in detail the design treatment of all buildings and structures where applicable.
(g) Plans for landscaping
(h) Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of land, and the improvements thereon, including those areas which are commonly owned and maintained.
(Ord. 2009-85. Passed 12-8-09.)
1163.19 ACTION BY THE PLANNING COMMISSION ON FINAL DEVELOPMENT PLAN.
Within sixty (60) days from submittal of the items specified for approval of the Final Development Plan, or such other time as has been agreed to by the owner or developer, the Planning Commission shall approve, deny or approve with modification, the Final Development Plan. Approval shall mean that it finds that said plan is in conformance with the approved Preliminary Development Plan, and that no significant constraints exist to construction of the project as planned
(Ord. 2009-85. Passed 12-8-09.)
1163.20 EXPIRATION AND EXTENSION OF APPROVAL PERIOD.
The approval of the Final Development Plan shall be for a period of not to exceed two (2) years. If no construction has begun within two (2) years after approval is granted, the ap-proved Development Plan shall be null and void, and the land shall revert to the zoning district in which it was located prior to the amendment. An extension of this time limit, for a specific period, may be approved if the Planning Commission finds that such extension is necessitated by conditions beyond the control of the applicant.
(Ord. 2009-85. Passed 12-8-09.)
1163.21 PLATTING.
The creation of new parcels under any planned unit development shall be subject to the subdivision requirements of this Ordinance. To reduce the length of the review and approval process, a preliminary subdivision plat can be submitted simultaneously with the Development Plan for rezoning to the PUD District. A final subdivision plat cannot be submitted for review until an amendment to the Zoning Ordinance has been approved by City Council and such amendment has become effective.
(Ord. 2009-85. Passed 12-8-09.)
1165.01 PURPOSE.
It is the intent of the Flood Plain Overlay District to manage the use of flood plains for activities which could be detrimental to health and welfare for citizens of the City. The FP District is an overlay zoning district. This means that the underlying district standards and requirements shall apply in addition to the Flood Plain Overlay District (FP) regulations and requirements.
(Ord. 2009-85. Passed 12-8-09.)
1165.02 LANDS SUBJECT TO FLOODING.
For the purposes of this Ordinance, "land subject to flooding" means those lands adjacent to a watercourse subject to flooding as have been identified by the Federal Emergency Management Agency (FEMA) in scientific and engineering report and referenced in Chapter 1335 of the Codified Ordinances of the City of Galion, as may be subsequently amended.
(Ord. 2009-85. Passed 12-8-09.)
1165.03 PERMITTED USES.
The only uses permitted in the FP District are those which are permitted in the underlying zoning district, and which meet the requirements of Chapter 1335 of the Codified Ordinances of the City of Galion, as cited above.
(Ord. 2009-85. Passed 12-8-09.)
1165.04 DEVELOPMENT STANDARDS.
The standards for development within the FP District shall be as specified in the underlying zoning district, and in Chapter 1335 of the Codified Ordinances of the City of Galion, as cited above.
(Ord. 2009-85. Passed 12-8-09.)
1167.01 PURPOSE.
It is hereby determined that the system of rivers, streams and other natural watercourses contributes to the health, safety, and welfare of the citizens of the City. The City of Galion therefore declares the preservation and conservation of these riparian corridors to be a public purpose.
It is the intent of the RCO District to:
(a) Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flood flows, and
(b) Stabilize the banks of watercourses so as to reduce bank erosion, and
(c) Reduce pollutants in watercourses during periods of high flows by filtering, settling and transforming pollutants in runoff before they enter the watercourse, and
(d) Provide habitat for a wide range of wildlife by maintaining diverse and connected riparian vegetation, and
(e) Benefit the City economically by minimizing encroachment on watercourse channels and the need for costly engineering solutions to protect structures and property located adjacent to the watercourse.
The RCO District is an overlay zoning district. This means that the underlying district standards and requirements shall apply in addition to the following regulations and requirements. The RCO District may also be utilized over the FP (Flood Plain) District. In such cases, the property would be subject to the requirements and standards of both the RCO and FP Districts.
(Ord. 2009-85. Passed 12-8-09.)
1167.02 BOUNDARIES.
The Riparian Corridor Overlay (RCO) District shall consist of areas fifty (50) feet from and parallel to the ordinary high water mark along banks of the watercourse away from the stream landward to a line parallel to the ordinary high water mark.
The "ordinary high water mark" is defined as the line between upland and bottomland which persists through successive changes in water level, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland, and is apparent in the soil itself and/or the configuration of the surface of the soil and vegetation.
(Ord. 2009-85. Passed 12-8-09.)
1167.03 PERMITTED USES.
(a) Permitted and conditional uses as specified in the underlying base district(s), subject to the requirements and standards of this Chapter.
(b) Passive private or public recreational uses such as fishing, walking and hiking, bird watching, etc. No public easement over such property is hereby created.
(c) Selective harvesting of timber, provided not more than twenty-five percent (25%) of the tree crown cover within the portion of the individual land owner's parcel within the RCO District is removed and trees in the immediate vicinity are not harvested at the same time.
(d) Notwithstanding the above, the removal of individual trees that are diseased or in danger of falling and causing damage to structures or causing blockage to the stream.
(e) Stream crossing structures located not less than 1,000 feet from any existing stream crossing, provided the plans for such structures are approved by the Planning Commission.
(Ord. 2009-85. Passed 12-8-09.)
1167.04 DEVELOPMENT STANDARDS.
(a) Construction of principal or accessory structures and changing of topography, including but not limited to grading, excavating and filling, is prohibited.
(b) No drilling, dredging or dumping of soil, spoil, liquid or solid material shall be permitted.
(c) The creation of new impervious surfaces is prohibited, unless within a public right-of-way or approved private street constructed as part of a subdivision.
(d) No discharge is permitted into any public or private sewer, drain, tile or stream, or onto the ground of any liquids or materials which, because of their toxic properties or temperatures when discharged, would contaminate groundwater or stream. The Ohio Environmental Protection Agency (OEPA) standards shall apply and be met in making a determination as to the propriety of the discharge. Discharges expressly permitted by the OEPA are not restricted by this Section.
(e) The natural vegetation within the Riparian Corridor Overlay District shall remain undisturbed except for the removal of noxious weeds as otherwise permitted under the Ohio Revised Code Chapters 5579 and 5589, subject to the activities referenced above in subsection (b) above.
(f) In addition to the standards above, the requirements of the Flood Plain Overlay (FP) District shall apply.
(Ord. 2009-85. Passed 12-8-09.)