Zoneomics Logo
search icon

Guthrie City Zoning Code

DISTRICTS

§ 153.050 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT.

   (A)   Statement of purpose. The intent of this District is to provide single-family residential areas with relatively low population densities and to prohibit uses which would destroy the residential character of the neighborhood, that is, commercial and industrial.
   (B)   Permitted uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (C)   Conditional uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (D)   Standards.
      (1)   Building site area. Each lot shall have an area not less than 17,500 square feet.
      (2)   Building site width. The minimum building site width at the building setback line shall be 75 feet.
      (3)   Building site coverage. The total lot coverage permitted for all buildings on the site shall not exceed 35%.
      (4)   Building height limit. The maximum building height shall not exceed two stories or 35 feet in height.
      (5)   Setback requirements. The minimum requirements for yards shall be as follows:
         (a)   Front yard shall be one-half the width of the right-of-way of the street the building fronts; the yard shall be a minimum of 25 feet and shall not be required to exceed 40 feet;
         (b)   Rear yard: 20 feet; and
         (c)   Side yard: ten feet.
(Ord. 2013-2, passed 2-7-2013)

§ 153.051 R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT.

   (A)   Statement of purpose. The intent of this district is to provide an alternative to the R-1 Single-Family Residential District. This district provides a medium density as compared to the R-1 District yet is intended to preserve the single-family residential character and prevent encroachment from incompatible uses which may diminish property values.
   (B)   Permitted uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (C)   Conditional uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (D)   Standards.
      (1)   Building site area. Each lot shall have an area of not less than 12,500 square feet.
      (2)   Building site width. The minimum building site width at the building setback line shall be 60 feet.
      (3)   Building site coverage. The total lot coverage for all buildings on the site shall not exceed 40% of the lot area.
      (4)   Building height limit. The maximum building height limit shall not exceed two stories or 35 feet in height.
      (5)   Setback requirements. The minimum requirements for yards shall be as follows:
         (a)   Front yard shall be one-half the width of the right-of-way of the street the building fronts; the yard shall be a minimum of 25 feet and shall not be required to exceed 40 feet;
         (b)   Rear yard: 20 feet; and
         (c)   Side yard: ten feet.
(Ord. 2013-2, passed 2-7-2013)

§ 153.052 R-3 ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT.

   (A)   Statement of purpose. This district is intended to provide for residential areas of medium population density. One- and two-family dwellings are the principal land use for this district. The district also is intended to protect the residential character of the neighborhood by prohibiting commercial activities.
   (B)   Permitted uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (C)   Conditional uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (D)   Standards.
      (1)   Building site area. Each lot shall have an area not less than 7,500 square feet per unit for single-family detached and 10,000 square feet per two-family (duplexes).
      (2)   Building site width. The minimum building site width at the building setback line shall be 50 feet for single-family detached and 60 feet for two-family (duplexes).
      (3)   Building site coverage. The total lot coverage permitted for all buildings on the site shall not exceed 45% for single-family detached and 50% for two-family (duplexes).
      (4)   Building height limit. The maximum building height shall not exceed 35 feet for single-family detached and 35 feet for two-family (duplexes).
      (5)   Setback requirements. The minimum requirements for yards for both single-family detached and two-family (duplexes) dwelling units are 25 feet for front yard, 20 feet for rear yard, and seven feet for side yard.
(Ord. 2013-2, passed 2-7-2013)

§ 153.053 R-4 MULTI-FAMILY RESIDENTIAL DISTRICT.

   (A)   Statement of purpose. The intent of this district is to provide for residential areas of high population density. The specific intent of this district is to ensure that only residential uses as can be properly designed and built will be allowed in this district so as not to overcrowd the land and cause parking or traffic congestions, or to have injurious effects of adjacent properties.
   (B)   Permitted uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (C)   Conditional uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (D)   Standards.
      (1)   Building site area. Each lot shall have an area not less than the following:
         (a)   Single-family detached: 5,000 square feet per unit;
         (b)   Two-family (duplexes): 8,000 square feet per two units; and
         (c)   Multi-family: 2,170 square feet per three units or more.
      (2)   Building site width. The minimum site width at the building setback line shall be as follows:
         (a)   Single-family detached: 50 feet;
         (b)   Two-family (duplexes): 50 feet; and
         (c)   Multi-family: 60 feet.
      (3)   Building site coverage. The total lot coverage permitted for all buildings on the site shall not exceed the following:
         (a)   Single-family detached: 45%;
         (b)   Two-family (duplexes): 50%; and
         (c)   Multi-family: 55%.
      (4)   Building height limit. The maximum building height shall not exceed the following:
         (a)   Single-family detached: 35 feet;
         (b)   Two-family (duplexes): 35 feet; and
         (c)   Multi-family: no height limit.
      (5)   Setback requirements. The minimum requirements for yards shall be as follows:
         (a)   Front yard: 25 feet;
         (b)   Rear yard: 15 feet; and
         (c)   Side yard: five feet, plus two feet for each story above the second floor.
(Ord. 2013-2, passed 2-7-2013)

§ 153.054 R-5 HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.

   (A)   Statement of purpose. This district is intended to provide for residential areas of very high population density. At the same time, this district is intended to provide standards for this type of residential activity to prevent overcrowding, traffic congestions and overloading of public utilities.
   (B)   Permitted uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (C)   Conditional uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (D)   Standards.
      (1)   Building site area. Each lot shall have an area not less than the following:
         (a)   Single-family detached: 4,000 square feet per unit:
         (b)   Two-family (duplexes): 7,000 square feet per two units; and
         (c)   Multi-family: 1,240 square feet per three units or more.
      (2)   Building site width. The minimum building site width at the building setback lines shall be as follows:
         (a)   Single-family detached: 50 feet;
         (b)   Two-family (duplexes): 50 feet; and
         (c)   Multi-family: 60 feet.
      (3)   Building site coverage. The total lot coverage permitted for building on the site shall not exceed the following:
         (a)   Single-family detached: 45%;
         (b)   Two-family (duplexes): 50%; and
         (c)   Multi-family: 60%.
      (4)   Building height limit. The maximum building height shall not exceed the following:
         (a)   Single-family detached: 35 feet;
         (b)   Two-family (duplexes): 35 feet; and
         (c)   Multi-family: no height limit.
      (5)   Setback requirements. The minimum requirements for yards shall be as follows.
         (a)   Single-family detached.
            1.   Front yard: 25 feet;
            2.   Rear yard: ten feet; and
            3.   Side yard: five feet.
         (b)   Two-family (duplexes).
            1.   Front yard: 25 feet;
            2.   Rear yard: ten feet; and
            3.   Side yard: five feet.
         (c)   Multi-family.
            1.   Front yard: one-half the width of the right-of-way of the street the building fronts, the yard shall be a minimum of 25 feet and shall not be required to exceed 40 feet;
            2.   Rear yard: 20 feet; and
            3.   Side yard: five feet, plus two feet for each story above the second floor.
(Ord. 2013-2, passed 2-7-2013)

§ 153.055 ZLL ZERO LOT LINE DISTRICT.

   (A)   Statement of purpose. The principal purposes of the zero lot line concept are:
      (1)   The more efficient use of land, as compared with the typical single-family development, making available needed housing at a more affordable cost;
      (2)   The design of dwellings that integrate and relate internal-external living areas resulting in more pleasant and enjoyable living facilities; and
      (3)   By placing the dwelling against one of the property lines, permitting the outdoor space to be grouped and utilized to its maximum benefit.
   (B)   Permitted districts.
      (1)   A zero lot line development for single-family attached and single-family detached dwellings are permitted by right in an R-3, R-4 and R-5 Residential District, in accordance with the provisions of this section.
      (2)   A zero lot line development for single-family attached or single-family detached dwellings is permitted in an R-1 or R-2 zone upon the issuance of a conditional use permit by the Board of Zoning Adjustment.
   (C)   Permitted uses. The following uses are permitted:
      (1)   Single-family detached and attached dwellings;
      (2)   Two-family or duplexes; and
      (3)   Accessory buildings and structures provided no such building or structure shall be designed or used for dwelling purposes.
   (D)   Standards.
      (1)   Building site area. Each lot shall have an area not less than 3,500 square feet.
      (2)   Building site width. The minimum building site width at the building setback line shall be 20 feet.
      (3)   Building site coverage. The total lot coverage permitted for all buildings on the site shall not exceed 50% of the lot area.
      (4)   Building height limit. The maximum building height shall not exceed two stories or 35 feet in height.
      (5)   Setback requirements.
         (a)   Interior side yard. The detached dwelling unit shall be placed on one interior side property line with a zero setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet, excluding the connecting elements such as fences, walls and trellises. Patios, pools, garden features and other similar elements shall be permitted within the ten-foot setback area; provided, however, no structure, with the exception of fences or walls, shall be placed within easements required by this section.
         (b)   Interior side yard. The attached dwelling unit shall be placed on the interior side property line with a zero setback and the dwelling unit setback on the other interior side property line can also be placed on the property line with a zero setback.
         (c)   Exterior side yard. The dwelling unit shall be placed ten feet from all exterior property lines.
         (d)   Front setback. All dwelling structures shall be set back a minimum of 25 feet from the front property line.
         (e)   Rear setback. The required rear setback is ten feet.
         (f)   Side street setback. The dwelling setback shall be a minimum of 15 feet from the side street property line.
   (E)   General requirements.
      (1)   Platting requirements. Each dwelling shall be located on its own individual platted lot. If areas for common use of occupants of the developments are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities as provided in division (E)(8) below. The plat shall indicate the zero lot lines and easements appurtenant thereto.
      (2)   Openings prohibited on the zero lot line side. The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units or any other type of openings, provided however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit and a solid wall of at least eight feet in height is provided on the zero lot line. The wall shall be constructed of the same material as exterior walls of the unit.
      (3)   Maintenance and drainage easements. A perpetual four-foot wall-maintenance easement, for detached dwellings, shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot lines is limited to the easement area.
      (4)   Separation between dwellings on adjacent lots. There shall be a separation between dwellings on adjacent lots of not less than ten feet.
      (5)   Off-street parking. Each dwelling shall have not less than two off-street parking spaces. Enclosed garages or carports are not required, but if carports or garages are built they must be attached. If carports or garages are to be incorporated in the future the site plan must show the placement of the structures prior to approval by the Zoning Inspector or Planning Commission.
      (6)   Trees.
         (a)   Trees, as defined within §§ 153.170 through 153.188, shall be provided on the basis of three trees for each platted lot. In addition, street shade trees shall be provided along the side of the roadway at a minimum spacing of 20 feet on center for private roads.
         (b)   In case of development with public roads, the trees may be placed on private lots in lieu of the public right-of-way provided that 20-foot spacing and the rowing of trees are maintained. This shall be in addition to the three trees required for each platted lot.
      (7)   Accessory buildings and structures. Accessory buildings and structures shall be subject to the following requirements.
         (a)   No such building or structure shall be located within a required front or street-abutting side yard.
         (b)   No such building or structure shall be located within five feet of a dwelling or another accessory building or structure, nor within two feet of any interior property line.
         (c)   No such building or structure shall exceed ten feet in height without a conditional use permit.
      (8)   Common open space and maintenance of facilities. Common open space is not required but may be permitted. If common open space is provided, provisions satisfactory to the City Council shall be made to assure that nonpublic areas and facilities for the common use of occupants of zero lot line development shall be maintained in a satisfactory manner, without expense to the general taxpayers of the city.
      (9)   Open space. There shall be an open space on each lot of not less than 300 square feet with no dimension less than 15 feet. The open space area shall be exclusive of required front and street-abutting side yards and vehicular driveways and further shall be subject to the following.
         (a)   The required open space may include side or rear yards.
         (b)   Pools and paved recreational areas may be developed in the required open space.
         (c)   The gradient or slope of any required open space shall not exceed 12%. The open space may be provided on a deck.
         (d)   The open space shall be fully open to the sky.
         (e)   An accessory building may not occupy any part of the required open space.
   (F)   Site plan review. A site plan review is required to encourage communication between the applicant and the Planning Commission staff. A site plan review will promote a greater degree of logic, imagination, innovation and variety in the design process. The site plan submittal should follow the guidelines as set forth in §§ 153.220 through 153.226.
(Ord. 2013-2, passed 2-7-2013)

§ 153.056 RMH RESIDENTIAL MANUFACTURED (MOBILE) HOUSING DISTRICT.

   (A)   Statement of purpose. These districts are composed of areas containing manufactured (mobile) housing dwelling sites. Such areas shall be well suited for residential purposes.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         ANCHORING SYSTEM. An approved system of straps, cables, turnbuckles, chains, ties or other approved materials used to secure a manufactured or mobile home.
         COMPATIBILITY STANDARDS. Standards that have been enacted by local government under the authority of this section for the purpose of protecting and preserving the monetary value of real property located within the local government’s jurisdiction.
(KRS 100.348)
         DESIGN, RESIDENTIAL. A qualified manufactured home which has the same siding materials and pitched shingled roofs as used on conventional homes located within the impact areas.
         DESIGN, STANDARD. A bowed metal roof and aluminum siding, the traditional “mobile home” look.
         FOUNDATION SIDING/SKIRTING. A type of wainscoting constructed of fire and weather resistant material such as aluminum, treated pressed wood or other approved materials, enclosing the entire undercarriage of the manufactured or mobile home.
         HUD LABEL. The label affixed to a new manufactured home by the manufacturer after it has been approved by a third-party inspector, as required under the HUD Act.
(815 KAR 25:050)
         IMPACT AREA. A radius of 200 yards drawn around the proposed placement of a qualified manufactured home with the proposed placement being the center point.
         MANUFACTURED HOME. A single-family residential dwelling constructed after June 15, 1976, in accordance with the National Manufactured Home Construction and Safety Standards Act, Act of 1974, 42 U.S.C. §§ 5401 et seq., as amended, and designed to be used as a single-family residential dwelling with or without permanent foundation when connected to the required utilities, and which includes plumbing, heating, air conditioning and electrical systems contained therein.
(KRS 100.348)
         MANUFACTURED HOME PARK. A parcel of land under single ownership on which two or more manufactured homes are occupied as residences and meeting the requirements of this section.
         MOBILE HOME. A structure manufactured prior to June 15, 1976, that was not required to be constructed in accordance with the National Manufactured Housing Construction in Safety Standards Act, that is transportable in one or more sections, that, in the traveling mode is eight body feet or more in width and 40 body feet or more in length, or when erected on site, 400 or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling on a temporary or permanent foundation, when connected with the permanent required utilities, including plumbing, heating, air conditioning and electrical systems.
(KRS 100.348)
         MODULAR HOME. (R202, 2002 Kentucky Residential Building Code) An industrialized building system which is designed to be used as a residence and which is not a manufactured or mobile home.
         PERMANENT FOUNDATION. Any structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity. The PERMANENT FOUNDATION system shall include a method of transporting loads to the earth and shall provide for a continuous exterior enclosure between the perimeter of the house and the earth. The overall system shall be an engineered system to comply with soil conditions. Applicable standards would include manufacturer’s recommendations in compliance with H.U.D. requirements and recognized standards such as A225.1 (ANSI) and Guideline Standards for the Installation of Manufactured Housing (CABO).
         QUALIFIED MANUFACTURED HOME. (KRS 100.348) A manufactured home meeting all of the following criteria:
         (a)   Is manufactured on or after July 15, 2002;
         (b)   Is affixed to a permanent foundation and is connected to the appropriate facilities and is installed in compliance with KRS 227.570;
         (c)   Has a width of at least 20 feet at its smallest width measurement or is two stories in height and oriented on the lot or parcel so its main entrance door faces the street;
         (d)   Has a minimum total living area of 900 square feet; and
         (e)   Is not located in a manufactured home land-lease community.
         QUALIFIED MANUFACTURED HOME SUBDIVISION. A subdivision designed and intended primarily for the sale of lots for residential occupancy by manufactured homes.
         RECREATION VEHICLE (RV). A vehicular portable structure built on a chassis and not exceeding a gross weight of 4,500 pounds when factory-equipped for the road or an overall length of 30 feet and designed to be used as a temporary dwelling, travel, recreational and vacation uses.
         SECTION. A unit of a manufactured home at least ten body feet in width and 30 body feet in length.
         SUPPORT SYSTEM. A pad or combination of footing, piers, caps, plates and shims, which when properly installed, support the manufactured/mobile home.
   (C)   Classification of manufactured/mobile homes.
      (1)   Classification standards.
         (a)   Qualified manufactured home. A “qualified manufactured home” as defined by KRS 100.348 and incorporated herein;
         (b)   Manufactured home Class A. A manufactured home certified as meeting the Mobile Home Construction and Safety Standards of the Department of Housing and Urban Development, Residential Designed Home Placed on a Permanent Foundation;
         (c)   Manufactured home Class B. A manufactured home certified as meeting the Mobile Home Construction and Safety Standards of the Department of Housing and Urban Development, Standard Designed Home Placed on a Temporary or Permanent Foundation; and
         (d)   Mobile home. A MOBILE HOME as defined by KRS 219.320 and incorporated herein.
      (2)   Permitted placement.
         (a)   The establishment, location and use of a qualified manufactured home as a permanent residence approved individually, by specific materials or by design, shall be permitted in any district permitting a dwelling unit, subject to the requirements applying to residential uses in the district, subject to the compatibility criteria of division (D) below and provided the dwelling shall meet the exterior appearance standards, as set forth in division (E) below. A zoning/building permit shall be required for all applications for such use; approval procedure is set forth in §§ 153.240 through 153.246. Applications for approval shall be submitted to the Planning Commission on the appropriate forms as required to make a determination on the compatibility of the proposed structure.
         (b)   The establishment, location and use of a manufactured home as a permanent residence approved individually, by specific materials or by design, shall be permitted subject to the requirements of this chapter only in RMH zones. Location of a manufactured home shall require a zoning/building permit once the rezoning request has been approved.
         (c)   The placement of a mobile home as a residence is prohibited within the city.
      (3)   Procedure for approval of qualified manufactured homes.
         (a)   At a minimum, the application shall contain the following information:
            1.   Name, address and phone number of applicant;
            2.   Building detail, including but not limited to, structure size, structure height, building area, roof pitch, foundation detail and number of stories;
            3.   Electrical detail;
            4.   Legal description of property;
            5.   Lot detail, including, but not limited to, building setbacks, lot width and existing structures;
            6.   Easement widths, including but not limited to, all utility and drainage easements;
            7.   Plan of the proposed site for the qualified manufactured home placement showing streets, property lines, lot dimensions, existing structures, proposed structures, setback distances and all utility and drainage easements;
            8.   List of subcontractors to be employed on the project including name, address, phone number and license number;
            9.   Certification signed by the applicant; and
            10.   Any other materials, which may be deemed necessary to determine conformance with and provide for the information of this chapter.
         (b)   Immediately after the filing of an application, it shall be transmitted to the Commission, and heard during a regular or special called Planning Commission meeting.
         (c)   Within 60 days from the receipt of the application, the Planning Commission will make a determination to deny, conditionally approve or approve the proposed placement of the qualified manufactured home.
   (D)   Compatibility standards for qualified manufactured homes.
      (1)   In order to determine the percent of compatibility or incompatibility the following calculations apply.
         (a)   The site of the proposed qualified manufactured home will be the center point and a radius of 200 yards will be drawn encompassing the impact area.
         (b)   The number of habitable single-family units within the impact area will be counted. The number of existing units, which meet or exhibit the same characteristics of the proposed qualified manufactured homes, will be counted.
         (c)   In determining compatibility, each characteristic, i.e., size, roof pitch and elevation will be counted separately. The following measurements apply.
            1.   The size of a proposed qualified manufactured home that has a gross floor area of 200 square feet above or below the average of existing structures within a 200-yard radius of the proposed site is deemed compatible.
            2.   The roof pitch of a proposed qualified manufactured home that demonstrates a roof pitch at or above the average of existing structures within a 200-yard radius of the proposed site is deemed compatible.
            3.   The elevation of a proposed qualified manufactured home that measures at or maximum of one vertical foot above the average of existing structures shall be deemed compatible.
            4.   The number of stories of a proposed qualified manufactured home that conforms with the average number of stories of existing structures shall be deemed compatible.
         (d)   The number of units for each characteristic will be totaled and divided by the total number of units to determine the applicable percentage.
      (2)   The criteria used to determine compatibility is as follows.
         (a)   Number of qualified manufactured homes in area (R-1, R-2, R-3).
            1.   If the proposed placement is either the first or second existing or permitted manufactured home or qualified manufactured home in the area, the placement is incompatible.
            2.   If the proposed placement is the third or more existing or permitted manufactured home or qualified manufactured home in the area, the proposed placement is considered compatible and the percent of facade of structure should be considered.
         (b)   Number of qualified manufactured homes in area (R-4, R-5).
            1.   If the proposed placement is either the first existing or permitted manufactured home or qualified manufactured home in the area, the placement is incompatible.
            2.   If the proposed placement is the second or more existing or permitted manufactured home or qualified manufactured home in the area, the proposed placement is considered compatible and the percent of facade of structure should be considered.
         (c)   Percent of facade of structure.
            1.   If there are 0% to 10% of existing structures with facades which meet or exhibit the same facade of the proposed qualified manufactured home, the proposed placement is incompatible.
            2.   If there are 11% to 50% of existing structures with facades which meet or exhibit the same facade of the proposed qualified manufactured home, see division (D)(2)(g) below.
            3.   If there are 51% to 100% of existing structures with facades which meet or exhibit the same facade of the proposed qualified manufactured home; the proposed placement is compatible and the percent of size of structure should be considered.
         (d)   Percent of size of structure (taking into account length and width dimensions as well as overall square footage).
            1.   If there are 0% to 10% of existing structures which are of similar size as the proposed qualified manufactured home, the proposed placement is incompatible.
            2.   If there are 11% to 50% of existing structures which are of similar size as the proposed qualified manufactured home see division (D)(2)(g) below.
            3.   If there are 51% to 100%, of existing structures which are of similar size as the proposed qualified manufactured home, the proposed placements is considered compatible and the percent of roof pitch of structure should be considered.
         (e)   Percent of roof pitch of structure.
            1.   If there are 0% to 10% of existing structures with roof pitch, which meet or exhibit the same roof pitch of the proposed qualified manufactured home, the proposed placement is incompatible.
            2.   If there are 11% to 50% of existing structures with roof pitch, which meet or exhibit the same roof pitch of the proposed qualified manufactured home see division (D)(2)(g) below.
            3.   If there are 51% to 100% of existing structures with roof pitch which meet or exhibit the same roof pitch of the proposed qualified manufactured home, the proposed placement is compatible and the percent of elevation of structure should be considered.
         (f)   Percent of elevation of structure.
            1.   If there are 0% to 10% of existing structures with elevation, which meet or exhibit the same elevation of the proposed qualified manufactured home, the proposed placement is incompatible.
            2.   If there are 11 % to 50% of existing structures with elevation, which meet or exhibit the same elevation of the proposed qualified manufactured home see division (D)(2)(g).
            3.   If there are 51% to 100% of existing structures with elevation which meet or exhibit the same elevation of the proposed qualified manufactured home, the proposed placement is compatible and the next criteria should be considered.
         (g)   Where structure falls within the 11% to 50% range of characteristics divisions (D)(2)(c), (D)(2)(d), (D)(2)(e) and (D)(2)(f); the average of percentages must meet or exceed 50% for all four characteristics to be compatible.
   (E)   Exterior appearance standards. Every manufactured home shall:
      (1)   Meet all requirements for lot, yard, building and other requirements for the district in which it is located;
      (2)   Be placed on a permanent foundation;
      (3)   Utilize a permanent perimeter enclosure in accordance with the approved installation standards and this section;
      (4)   Be anchored to the ground in accordance with the manufacturer’s specifications;
      (5)   Have all wheels, axles and hitch mechanisms removed;
      (6)   Have utilities connected, in accordance with the city requirements and manufacturer’s specifications;
      (7)   Have siding material which looks like the type used on site-constructed residences;
      (8)   Have a pitch roof of not less than four inches of rise for each one foot of horizontal run and have roofing material of a type used on site-constructed residences;
      (9)   Have a minimum width of the main body as assembled on the site of not less than 20 feet, measured across the narrowest portion and shall fall within the meaning of “qualified manufactured home;” and
      (10)   The home shall appear to face the public street.
   (F)   Replacement of nonconforming homes.
      (1)   A manufactured or mobile home placed and maintained on a tract of land and deemed to be a legal nonconforming use prior to the adoption of this chapter, shall continue to be a legal nonconforming use. If the nonconforming use is discontinued, or abandoned for more than two years, the land thereafter must be used in conformity with all provisions of this chapter.
      (2)   A manufactured or mobile home deemed a legal nonconforming use may be replaced by a qualified manufactured home, provided the replacement is as follows: a mobile home may be replaced with a qualified manufactured home or a manufactured home; a manufactured home could be replaced with a qualified manufactured home; a qualified manufactured home could be replaced with another qualified manufactured home.
   (G)   Approval procedure. Manufactured home parks and qualified manufactured home subdivisions shall be located only in a Residential Manufactured (Mobile) Housing District (RMH) and shall be developed according to the general regulations slated and referenced in this section. The procedure to amend the zoning map shall conform to the requirements specified in §§ 153.200 through 153.209.
   (H)   General regulations. Any proposed placement of a qualified manufactured home shall conform to the following requirements, showing that the development:
      (1)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the character of the vicinity of the proposed manufactured/mobile home park or subdivision and will not change the essential character of the area;
      (2)   Will not be detrimental to existing or future residential uses;
      (3)   Will be served adequately by public facilities and services or that the persons responsible for the establishments of the proposed park or subdivision shall be able to provide adequate services;
      (4)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and
      (5)   Will be required to conform to the requirements of the city subdivision regulations.
   (I)   Manufactured home park requirements (RMH-1).
      (1)   The minimum site shall contain two and one-half acres unless the development is an extension of an existing park. The procedure and design of a manufactured home park shall be the same as those provided for in the subdivision regulations. The manufactured/mobile home park shall meet the requirements of the county’s Health Department.
      (2)   Individual qualified manufactured homes located within the manufactured home park shall have a minimum floor area of 900 square feet.
      (3)   Any qualified manufactured housing or manufactured home shall be allowed placement in a manufactured home park (RMH-1).
      (4)   Placement of a qualified manufactured home or a manufactured home on a permanent foundation is not required, but all units must be anchored in accordance with the State Building Code and the manufacturer’s specifications.
      (5)   The removal of the wheels and tongue from a qualified manufactured home or a manufactured home shall be required in a RMH-1 District.
      (6)   All proposed placements of qualified manufactured homes or manufactured homes, as provided in this section, will be required to access and utilize sanitary sewer.
   (J)   Qualified manufactured home subdivision requirements (RMH-2).
      (1)   The size of a qualified manufactured home subdivision shall be as provided for a manufactured home park. The procedure and design of a qualified manufactured home subdivision shall be the same as those provided for in the city subdivision regulations.
      (2)   Only qualified manufactured homes shall be allowed placement in a qualified manufactured home subdivision RMH-2.
      (3)   All qualified manufactured homes shall conform to the exterior appearance standards as provided in this section.
   (K)   Standards RMH-1 and RMH-2.
      (1)   Building site area. The minimum building site area shall be as follows:
         (a)   Single-family detached: 5,000 square feet; and
         (b)   Semi-attached two-family: 7,000 square feet.
      (2)   Building site width. The minimum building site width shall be as follows:
         (a)   Single-family detached: 50 feet; and
         (b)   Semi-attached two-family: 60 feet.
      (3)   Building site coverage. The maximum building site coverage by a building shall be 35%.
      (4)   Building height limit. No structure shall exceed 35 feet.
      (5)   Setback requirements. The minimum requirements for yards shall be as follows:
         (a)   Single-family detached, semi-attached two-family:
            1.   Front yard: one-half the width of the right-of-way of the street in which the building fronts; the yard shall be a minimum of 25 feet and shall not be required to exceed 40 feet;
            2.   Side yard: ten feet; and
            3.   Rear yard: 20 feet.
         (b)   For other permitted uses:
            1.   Front yard: 40 feet;
            2.   Side yard: 25 feet; and
            3.   Rear yard, 25 feet.
(Ord. 2013-2, passed 2-7-2013)

§ 153.057 PUD PLANNED UNIT DEVELOPMENT.

   (A)   Statement of purpose. The intent of planned unit development (PUD) is to permit greater flexibility and consequently, more creative and imaginative design for development of residential areas than generally is possible under the conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities and preservation of natural qualities of open space.
   (B)   Permitted districts.
      (1)   Residential planned unit developments are allowed by right in the R-3, R-4 and R-5 Districts, in accordance with the provisions of this chapter.
      (2)   A residential planned unit development is permitted in an R-1 and R-2 Residential District upon the issuance of a conditional use permit by the Board of Zoning Adjustment.
      (3)   Residential/commercial planned unit developments are allowed by right in the B-2 and P-1 Districts, in accordance with the provisions of this chapter.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Detached and attached single-family dwellings;
      (2)   Two-family dwellings or duplexes;
      (3)   Multi-family dwellings;
      (4)   Accessory uses and structures provided that no such buildings or structures shall be designed or used for dwelling purposes;
      (5)   Public uses and buildings including libraries, museums, parks, playgrounds, schools and community buildings, owned and controlled by the city or school district if their location is first approved by the City Council; and
      (6)   Any proposal which uses have been reviewed and recommended for approval by the Planning Commission.
   (D)   Standards.
      (1)   Area size. The minimum size of a PUD shall not be less than one acre.
      (2)   Building site coverage. The total lot coverage permitted for all buildings on the site shall not exceed 60% of the lot area.
      (3)   Building height limit. The maximum building height limit of any building shall not exceed 70 feet in height.
      (4)   Setback requirements. Setback requirements shall be as follows:
         (a)   Front yard: any building facing a local street, minor or major artery, as defined in the subdivision regulations, shall be one-half of the right-of-way or not less than 25 feet and not to exceed 40 feet;
         (b)   Side yard (from adjoining property line): 20 feet; and
         (c)   Rear yard (from adjoining property line): 20 feet.
   (E)   General requirements.
      (1)   Platting requirements. Each PUD shall be platted. The plat shall contain information as required in the site plan review found in §§ 153.220 through 153.226. The plat shall also conform to the requirements set forth in this section. In the event that conflicts occur, this section shall prevail.
      (2)   Density. The density for all approved PUD plans shall not exceed the density requirements found in an R-5 High Density Multi-Family Residential District.
      (3)   Open space. At least 20% of the total gross area shall be devoted to the properly planned, permanent, usable open space. The common open space shall be used for recreational, park or environmental amenity for common enjoyment by occupants of the development, but shall not include public or private streets, driveways or utility easements.
      (4)   Maintenance of common open space. Planned unit developments shall be approved subject to the submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of the open spaces, recreational areas and community owned facilities. No such instruments shall be accepted until approval by the City Attorney as to legal form and effect, and the Planning Commission as to suitability for the proposed use of the open space.
      (5)   Landscaping.
         (a)   A landscaping plan shall be required at a time of initial submission, showing the spacing, sizes and specific types of landscaping material. (See §§ 153.170 through 153.188.)
         (b)   Existing trees shall be preserved whenever possible. The location of trees should be considered when planning the common open space, location of buildings, underground structures, walks, paved area, playgrounds, parking areas and finished grade levels.
         (c)   A grading plan which will confine excavation, earth-moving procedures and other changes to the landscape in order to ensure preservation and prevent despoliation of the area to be retained as common open space.
      (6)   Traffic circulation. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic.
      (7)   Street construction.
         (a)   Standards of design and construction for both public and private, within planned residential development shall comply with the standards of design set forth in the subdivision regulations.
         (b)   Streets in a PUD may be dedicated to public use or may be retained under private ownership. However, if the streets are dedicated to the city, the streets shall be constructed in accordance with standards required by the city.
      (8)   Parking.
         (a)   For each dwelling unit, there shall be off-street parking spaces consisting of not less than 180 square feet each. Variances from this requirement can be obtained from the Board of Zoning Adjustment.
         (b)   Parking areas shall be arranged so as to prevent through traffic to other parking areas.
         (c)   Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, dense planting, earth berms, changes in grade or walls.
         (d)   No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.
         (e)   No more than 60 parking spaces shall be accommodated in any single parking area.
         (f)   All streets and any off-street loading area shall be paved. All areas shall be marked so as to provide for orderly and safe loading, parking and storage.
         (g)   Parking for nonresidential purposes shall be provided appropriate to the type of nonresidential use, as set forth in §§ 153.115 through 153.118.
         (h)   All common parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences.
         (i)   All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding and other inconveniences.
      (9)   Buffers. Where a PUD abuts another district of lower intensity, a permanent open space at least 25 feet wide shall be provided along the property line and shall be maintained with landscaping. No driveway or off-street parking shall be permitted in this area. (See §§ 153.170 through 153.188.)
      (10)   Nonresidential development.
         (a)   Nonresidential uses, limited to those specifically recommended for approval by the Planning Commission, are permitted in a planned unit development provided that such uses primarily are for the service and convenience of the residents of the development.
         (b)   Layout of parking areas, service areas, entrances, exits, yards, courts, landscaping and control of signs, lighting, noise or other potentially adverse influences shall be such as to protect residential character within the PUD District and desirable character in any adjoining residence district.
         (c)   No building permit for any nonresidential use in a mixed PUD, i.e., residential/commercial or professional shall be issued prior to having at least 50% of the residential dwellings under construction.
   (F)   Site plan review. A site plan review is required to encourage communication between the applicant and the Planning Commission staff. A site plan review will also promote a greater degree of logic, imagination, innovation and variety in the design process. The site plan submittal should follow the guidelines as set forth in §§ 153.220 through 153.226.
   (G)   Review procedure.
      (1)   Approval process. The following requirements must be fulfilled prior to approval of a PUD application.
         (a)   Pre-application conference. The applicant shall meet with the staff to determine the feasibility of the project.
         (b)   Application and site plan submittal. The applicant should furnish all information required in this section and comply with all the standards set forth in this section. (See division (G)(3) below.)
         (c)   Site plan review. This is an in-house staff function. (See division (G)(4) below.)
         (d)   Planning Commission action. The Planning Commission will either:
            1.   Grant approval, which means the developer may proceed with the project;
            2.   Postpone action, which means action is delayed for reasons which shall be noted by the Commission; or
            3.   Deny approval, which means denial of approval for the submitted PUD. Before any further action is taken, the developer must review his or her plan to conform to the Commission’s recommendations.
      (2)   Special use permit.
         (a)   Upon approval by the Planning Commission, the applicant will be issued a special use permit. The special use permit may contain conditions which the applicant must represent on his or her plat before a building permit is issued by the Zoning Inspector. A special use permit shall be revoked upon change in conditions upon which special use permit was issued.
         (b)   The special use permit shall be filed with the approved plat at the County Court Clerk’s office. Filing is the responsibility of the applicant.
      (3)   Application for PUD. The application, which can be obtained at City Hall, along with a filing fee, amount set by City Council, shall be submitted along with the plat.
      (4)   Administrative review. Upon a receipt of an application, a filing fee and a plat, the staff shall review the plat for compliance with this chapter. Within 45 days after the filing of the application, the Planning Commission shall take action. After the site plan review by the staff, staff findings and recommendations shall be transmitted to the applicant and Planning Commission.
      (5)   Failure to begin construction. If no construction has begun or no use established in the planned unit development within two years from the date of approval of the development plan, the special use permit will lapse and have no further effect. CONSTRUCTION is hereby defined to include the placing of construction materials in a permanent position and fastening them in a permanent manner. In its discretion and for good cause, the Planning Commission may extend for one or more additional years the period for the initiation of construction of the establishment of a use.
      (6)   Amendment or withdrawal of special use permit. Pursuant to the same procedure and subject to the same limitations and requirements by which the special use permit was approved and registered, any special use permit may be amended or withdrawn, either partially or completely, if all the conditions and limitations of the special use permit and all land and structures withdrawn from the special use permit comply with all regulations established by this chapter and unrelated to the special use permit.
      (7)   Waivers. An applicant citing the design or other exceptional characteristics of the proposed development may request the Planning Commission to waive certain requirements for special use permit. The Planning Commission may permit submission of an application for review in accordance with procedures set out in this section. In permitting waivers, the Planning Commission must find that the application fully meets the intent of this section and of this chapter.
      (8)   Appeal.
         (a)   Any person aggrieved by a decision of the Planning Commission in approving or disapproving an application for planned unit development may, within 15 days from the date of the decision, file a written request with the City Council which shall proceed to review the decision. Any such review shall be conducted pursuant to the same procedure as required for approval in this section.
         (b)   If the City Council, subsequent to its review, agrees with the Planning Commission’s action, it shall do so by municipal order. If the City Council disagrees with the Planning Commission’s action, it shall adopt a municipal order directing the Planning Commission to alter its action in accordance with its directions and conditions.
         (c)   If the Planning Commission fails to comply with the Council’s order at its next regularly scheduled meeting, the alterations specified in the municipal order shall become effective upon the adjournment of the meeting.
(Ord. 2013-2, passed 2-7-2013)

§ 153.058 B-1 NEIGHBORHOOD BUSINESS DISTRICT.

   (A)   Statement of purpose. The Neighborhood Business District is intended to permit, retain and service uses which are to serve nearby residential areas. Uses which would create hazards, offensive and loud noises, vibration, smoke, glare, heavy truck traffic or late hours are prohibited.
   (B)   Permitted uses. Any use listed as permissible in Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, is permitted.
   (C)   Conditional uses. Any use listed as conditional in Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, is permitted.
   (D)   Standards.
      (1)   Building site area. Each lot shall have an area not less than 7,000 square feet.
      (2)   Building site width. The minimum building site width at the building setback line shall be 50 feet.
      (3)   Building site coverage. The total lot coverage for all buildings on the site shall not exceed 55% of the lot area.
      (4)   Building height limit. The maximum building height shall not exceed two stories or 35 feet in height.
      (5)   Setback requirements. The minimum requirements for yards shall be as follows:
         (a)   Front yard: one-half the width of the right-of-way of the street the building fronts; the yard shall be a minimum of 25 feet and shall not be required to exceed 40 feet;
         (b)   Rear yard: 15 feet; and
         (c)   Side yard: ten feet.
   (E)   General requirements.
      (1)   There shall be no outdoor storage of merchandise or materials and no outdoor processing in any commercial district unless authorized as a conditional use.
      (2)   All commercial districts located on lots adjacent to residentially zoned districts shall maintain a minimum setback of 20 feet on the side adjacent to the residential district. The side shall also be adequately buffered as regulated in §§ 153.170 through 153.188.
      (3)   All sign and outdoor advertising displays are subject to the provisions established in §§ 153.130 through 153.139.
      (4)   All parking and off-street loading are subject to the provisions established in §§ 153.115 through 153.118.
      (5)   New dwelling structures which are permitted within commercial districts shall conform to the lot size and density standards as set forth in the R-4 (Multi-Family Residential) District.
(Ord. 2013-2, passed 2-7-2013)

§ 153.059 B-2 GENERAL BUSINESS DISTRICT.

   (A)   Statement of purpose. The General Business District is intended to permit a wider range of business and entertainment activities than are normally permitted in the Neighborhood District. The permitted uses would serve not only nearby residential areas, but also areas further away by types of business and services usually found in major shopping centers. These uses would generate larger volumes of vehicular traffic, would need more off-street parking and loading and would require more planning to integrate the districts with adjacent residential areas.
   (B)   Permitted uses. Any use listed as permissible in Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, is permitted.
   (C)   Conditional uses. Any use listed as conditional in Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, is permitted as a conditional use.
   (D)   Standards.
      (1)   Building site area. There is no minimum required building site area.
      (2)   Building site width. There is no minimum required building site width.
      (3)   Building site coverage. The maximum building site coverage by all buildings on the site shall not exceed 55% of the total lot area.
      (4)   Building height limit. No structure shall exceed 50 feet in height.
      (5)   Setback requirements. The minimum requirements for yards shall be as follows:
         (a)   Front yard: 40 feet;
            (b)   Rear yard: 20 feet; and
         (c)   Side yard: seven feet.
   (E)   General requirements. All general requirements that are in effect in the B-1 Neighborhood Business District are applicable.
(Ord. 2013-2, passed 2-7-2013)

§ 153.060 B-3 CENTRAL BUSINESS DISTRICT.

   (A)   Statement of purpose. The district, with complementary office and related uses, forms the center for commercial, financial, professional, governmental and cultural activities. These regulations are intended to protect and upgrade the Central Business District for the performance of its primary functions. Pedestrian oriented uses are encouraged.
   (B)   Permitted uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (C)   Conditional uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (D)   Standards.
      (1)   Building site area. There is no minimum required building site area.
      (2)   Building site width. There is no minimum required building site width.
      (3)   Building site coverage. There is no limit.
      (4)   Building height limit. No structure shall exceed 70 feet.
      (5)   Setback requirements. The minimum requirements for yards shall be as follows:
         (a)   Front yard: no front yard requirement;
         (b)   Rear yard: 25 feet for the back of the building adjoining a residential zone. Otherwise, no rear yard is required; and
         (c)   Side yard: five feet for a side abutting a residential district which is existing. Otherwise, no side yard is required.
   (E)   General requirements.
      (1)   All new buildings and structures shall comply with off-street parking, loading and unloading provisions as required in §§ 153.115 through 153.118. In cases where no structural enlargement occurs, a change of use for an existing structure or building in a B-3 District shall not require compliance with § 153.115, provided that existing parking is not reduced; however, all structures, both new and existing, are subject to the requirements of §§ 153.116 through 153.118.
      (2)   New dwelling structures which are permitted in the B-3 Central Business District shall conform to the standards set forth in the R-4 Multi-Family Residential District.
(Ord. 2013-2, passed 2-7-2013)

§ 153.061 B-4 ARTERIAL COMMERCIAL DISTRICT.

   (A)   Statement of purpose. The district is intended to provide areas in which the principal use of land is devoted to commercial establishments which cater specifically to motor vehicle oriented trade. It is also intended to provide appropriate space, adequate parking, sufficient depth from the street, controlled access points and orderly and concentrated development.
   (B)   Permitted uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (C)   Conditional uses. See Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (D)   Standards.
      (1)   Building site area. There is no minimum required building site area.
      (2)   Building site width. There is no minimum required building site width.
      (3)   Building site coverage. The maximum building site coverage by all buildings shall not exceed 55% of the total lot area.
      (4)   Building height limit. No structure shall exceed 50 feet in height.
      (5)   Setback requirements. Setback requirements for yards shall be as follows:
         (a)   Front yard: 40 feet;
         (b)   Rear yard: 20 feet; and
         (c)   Side yard: seven feet.
   (E)   General requirements.
      (1)   Applicable requirements. All general requirements that are in effect in the B-1 Neighborhood Business District are applicable.
      (2)   Plans. Plans for building construction, parking area, yards, driveways, entrances and exits shall be approved by the appropriate administrative offices, in consultation with the Planning Commission, and they may require any changes therein deemed necessary or desirable to ensure safety, to minimize traffic difficulty and to safeguard adjacent properties.
      (3)   Traffic circulation.
         (a)   Points of vehicular ingress and egress to the site shall be limited to the adjacent major or minor arterial only and site plans shall be reviewed by the Planning Commission for location and design of curb cuts and driveways and for layout of parking lots.
         (b)   The minimum width of driveways at the property lines shall be 24 feet.
         (c)   The minimum distance of any driveway to property line shall be seven feet.
         (d)   The minimum distance between driveways on the site and driveways between adjacent sites shall be 65 feet. In such cases where that distance cannot be met, such as lot width, existing driveways or the like, a variance can be granted based upon sound traffic circulation principals.
         (e)   The minimum distance a driveway into a site shall be from a street intersection shall be 30 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
      (4)   Parking and landscaping. The entire parking area shall be paved with a permanent surface of concrete, asphaltic cement, cobblestone, brick or grid paving and shall be graded and drained so as to dispose of all surface water without erosion, flooding and other inconveniences. Any unpaved area shall be landscaped with lawn or other acceptable landscaping materials, maintained in a neat and orderly fashion at all times, and as required in §§ 153.170 through 153.188.
      (5)   Lighting. Exterior lighting proposed for use on the site shall be planned, erected and maintained so light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall not be visible from adjacent properties or public rights-of-way.
      (6)   Buffering.
         (a)   A permanent landscaped buffer of evergreen plant material or solid wall or fence or other suitable enclosure is required when commercial land abuts a residential district, as required in §§ 153.170 through 153.188.
         (b)   All open storage of merchandise, material and equipment shall be screened by adequate ornamental fencing or evergreen planting at the side or rear of the lot abutting a residence district on which the open storage or display occurs; provided, however, that, maximum screening shall be eight feet in height.
(Ord. 2013-2, passed 2-7-2013)

§ 153.062 I-1 LIGHT INDUSTRIAL DISTRICT.

   (A)   Statement of purpose. The intent of this district is to permit certain industries which are of a light manufacturing character to locate in acceptable areas in the city. So that such uses may be integrated with other land uses, such as commercial and residential areas, limitations are placed upon the degree of noise, smoke, glare, waste and other features of industrial operations which may cause adverse effects. It is further intended that these light industrial uses act as a transition between heavier industrial uses and nonindustrial uses.
   (B)   Permitted uses. Any use listed as permissible in Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, is permitted.
   (C)   Conditional uses. Any use listed as conditional in Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, is a conditional use.
   (D)   Standards.
      (1)   Building site area. There is no minimum building site area.
      (2)   Building site width. There is no minimum building site width.
      (3)   Building site coverage. The maximum building site coverage by all buildings shall be 60% of the total lot area.
      (4)   Building height limit. No structure shall exceed 60 feet in height.
      (5)   Setback requirements. Setback requirements for yards shall be as follows:
         (a)   Front yard: one half the width of the right-of-way of the street the building fronts, the yard shall be a minimum of 25 feet and shall not be required to exceed 40 feet;
         (b)   Rear yard: ten feet shall be provided unless the District abuts a residential district, then the rear yard shall be 25 feet not including loading and docking facilities; and
         (c)   Side yard: ten feet on each side shall be provided unless the District abuts a residential district, then the side yard shall be 20 feet, not including loading and docking facilities.
   (E)   General requirements.
      (1)   Signs. All signs and outdoor advertising displays are subject to the provisions established in §§ 153.130 through 153.139.
      (2)   Parking and loading. All parking and loading is subject to the provisions established in §§ 153.115 through 153.118.
      (3)   Plans. Plans for building construction, parking area, yards, driveways, entrances and exits shall be approved by the appropriate administrative officer, in consultation with the Planning Commission, and they may require changes therein deemed necessary or desirable to ensure safety, to minimize traffic difficulty and to safeguard adjacent properties.
      (4)   Lighting. Exterior lighting proposed for use on this site shall be planned, erected and maintained so light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way.
      (5)   Buffering.
         (a)   A permanent landscape buffer of evergreen plant material or solid wall or fence or other suitable enclosure is required when industrial land abuts a residential district.
         (b)   All open storage of merchandise, material and equipment shall be screened by adequate ornamental fencing or evergreen planting at the side and rear of the lot abutting a residence district on which said open space or display occurs; provided, the maximum screening required shall be eight feet in height.
   (F)   Special provisions for residential structures in I-1 Districts. Notwithstanding the provisions of Appendix A (Schedule of Uses), attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272 and §§ 153.080 and 153.082, excluding § 153.082(D), a single-family residential structure, existing as of the passage of these regulations, on any lot containing less than 10,000 square feet, may be considered a use allowed by right in an I-1 District. The construction or reconstruction of a single-family residential dwelling and any addition or accessory structures appurtenant to a single-family residence may be permitted subject to conformance with all applicable setbacks and lot coverage requirements. This provision shall not apply to any property which was a vacant lot as of the passage of these regulations, property containing 10,000 square feet or greater, or property which has been converted to nonresidential uses before or after the passage of these regulations. Any applicant requesting a permit under this provision must demonstrate applicability and conformance with this provision.
(Ord. 2013-2, passed 2-7-2013)

§ 153.063 I-2 HEAVY INDUSTRIAL DISTRICT.

   (A)   Statement of purpose. This district is composed of land and structures occupied by or suitable for heavy manufacturing and related activities. Located for convenient access to present and future arterial thoroughfares, highways and railway lines, these districts are usually separated from residential areas by business districts or natural barriers; the district regulations are designed to permit the development of the districts for almost any industrial use.
   (B)   Permitted use. Any use listed as permissible in Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, is permitted.
   (C)   Conditional uses. Any use listed as conditional in Appendix A, Schedule of Uses, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, is conditional.
   (D)   Standards.
      (1)   Building site area. There is no minimum building site area.
      (2)   Building site width. There is no minimum building site width.
      (3)   Building site coverage. The maximum building site coverage by all buildings shall be 60% of the total area.
      (4)   Building height limit. No structure shall exceed 60 feet in height.
      (5)   Setback requirements. The minimum requirements for yards shall be as follows:
         (a)   Front yard: 40 feet;
         (b)   Rear yard: ten feet shall be provided unless the District abuts a residential district, then the rear yard shall be 25 feet not including loading and docking facilities; and
         (c)   Side yard: ten feet each side shall be provided unless the district abuts a residential district, then the side yard shall be 20 feet not including loading and docking facilities.
   (E)   General requirements. Those requirements listed in the I-1 Light Industrial District shall apply.
(Ord. 2013-2, passed 2-7-2013)

§ 153.064 P-1 PROFESSIONAL AND OFFICE DISTRICT.

   (A)   Statement of purpose. The intent of the Professional and Office District is to permit areas containing a mixture of light commercial and professional uses, and a mixture of residential, public and semi-public uses. The regulations are designed to protect and encourage the transitional character of the districts by limiting the permitted uses to those of a commercial and professional service nature and to permit residential dwelling uses as a desirable mix in a transitional district.
   (B)   Permitted uses. See Schedule of Uses, Appendix A, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (C)   Conditional uses. See Schedule of Uses, Appendix A, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
   (D)   Standards.
      (1)   Building site area. The minimum building site area shall be as follows:
         (a)   Single-family detached: 6,000 square feet per unit;
         (b)   Two-family (duplex): 8,000 square feet per two units;
         (c)   Multi-family: 2,170 square feet per three units or more; and
         (d)   For other permitted uses: 8,000 square feet.
      (2)   Building site width. The minimum lot width at the building setback line shall be as follows:
         (a)   Single-family detached: 50 feet;
         (b)   Two-family (duplex): 50 feet;
         (c)   Multi-family: 60 feet; and
         (d)   For other permitted uses: 60 feet.
      (3)   Building site coverage. The maximum building coverage by all buildings shall not exceed 45%.
      (4)   Building height limit. No structure shall exceed 35 feet in height.
      (5)   Setback requirements. The minimum yard requirements shall be as follows:
         (a)   Front yard: 25 feet;
         (b)   Rear yard: 15 feet; and
         (c)   Side yard: five feet.
(Ord. 2013-2, passed 2-7-2013)