Johnstown City Zoning Code

TITLE FIVE

Zoning Districts

1141.01 ESTABLISHMENT OF DISTRICTS.

The Village is hereby divided into zoning districts under five general categories known as residential districts, commercial districts, industrial districts, planned unit development districts and special districts.

1141.02 ZONING DISTRICT PURPOSES.

(a) Residential Districts. The residential districts are intended to provide land for one, two and multiple-family dwelling. Land uses which are not related to or desirable for a residential environment are not permitted.

(b) Commercial Districts. The commercial districts are intended to provide land for commercial expansion and new development in an orderly efficient and efficient distribution of a wide variety of retail goods and services to the public. Public use of these commercial areas introduces a concern for an appropriate appearance, pleasing environmental scheme and adequate safeguards for the public.

(c) Industrial Districts. Industrial districts are intended to encourage the development of manufacturing, processing, warehousing, research and testing, and wholesale business establishments which are clean, relatively quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare. While public use of these areas is anticipated to be minimal, such public use is sufficient to create a concern for appropriate appearance and adequate safeguards for the public health.

(d) Planned Unit Development Districts. Planned unit development districts are intended to promote the development of large areas of land under a uniform scheme or pattern.

(e) Special Districts. The special districts are intended to provide for the orderly efficient development of areas with unique or unusual characteristics.

(f) Agricultural District. Agricultural Districts are intended to encourage the continued use of farmland for agricultural production.

(Ord. 20-2022. Passed 10-18-22.)

1141.03 DESIGNATION OF ZONING DISTRICTS.

(a) The name and symbol for the Standard Zoning Districts as shown on the Zoning District Map are as follows:

Name	Symbol
Residential Districts
Suburban Residential	SR-1
Suburban Residential	SR-2
Urban Residential Low Density	UR-1
Urban Residential Moderate Density	UR-2
Multiple-Family Residential	AR-1
Commercial Districts
General Community Commercial
District 1	GCC-1
District 2	GCC-2
Light Manufacturing	LM

Special Districts
Flood Plain	FP
Open Space	OS
Agricultural	AG

(Ord. 20-2022. Passed 10-18-22.)

1141.04 NEWLY ANNEXED AREAS.

Subject to the conditions stated in Chapter 1164 territory which is annexed into the City of Johnstown subsequent to the effective date of this section, and for which rezoning to a different district has not already been approved subject to the annexation, shall, upon the effective date of the annexation, be zoned into the Agricultural District.

(Ord. 20-2022. Passed 10-18-22.)

1142.01 PURPOSE.

The purpose of the RR District is to preserve agricultural uses where appropriate and can act as a holding zone for newly annexed properties with a maximum density of one dwelling unit per three acres.

(Ord. 02-2020. Passed 3-20-20.)

1142.02 PERMITTED USES.

In an RR District, the following uses are permitted:

(a) Agriculture including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry

(b) One family dwelling structures

(c) Accessory uses in association with permitted agricultural uses and permitted dwellings as specified in Section 1171.03. More than two accessory structures are permitted for agricultural uses only.

(d) Storage and processing of agricultural products including grain elevators, mills or other facilities for the storage, sorting or other preliminary processing of agricultural products, except that commercial grain elevator operations shall not be permitted. Storage facilities shall not be within fifty (50) feet of a side or rear lot line. Processing facilities shall not be within 100 feet of a side or rear lot line.

(e) Public parks, playgrounds and play fields operated with or without fees.

(Ord. 02-2020. Passed 3-20-20.)

1142.03 CONDITIONAL USES.

The following uses shall be allowed in the RR District subject to approval in accordance with Chapter 1131:

(a) Associated sales as accessory to and in association with an agricultural permitted use, such associated sales to cease upon cessation of the agricultural activity. This shall include, but is not limited to garden supplies with a nursery or greenhouse, milk products with a dairy, or imported produce with a permitted produce stand.

(b) Boarding and care of animals provided it occupies a lot of not less than three acres and building pen or other enclosure so used shall not be within 200 feet of any property line.

(d) Commercial grain elevator operations

(e) Child Day Care Center

(f) Country Clubs and Golf Courses

(g) Church or other place of worship

(h) Home occupation in association with a permitted dwelling, and in accordance with Chapter 1173. (Ord. 02-2020. Passed 3-20-20.)

1142.04 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards for arrangement and development of the land and buildings are applicable in the RR District:

(a) Lot Requirements.

(1) Each lot shall consist of not less than three (3) acres

(2) Each lot shall have a minimum width of 150 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right-of-way for a distance of seventy (70) feet or more.

(3) Each lot shall have a front setback of seventy-five (75) feet or more.

(4) For buildings, there shall be a rear yard of not more than twenty percent (20%) or more of the lot depth, except that a rear yard of more than fifty (50) feet shall not be required.

(5) For dwellings or associated accessory buildings there shall be a total of side yards of twenty-five (25) feet or more with a minimum of eight feet on one side. For a conditional use there shall be a side yard of not less than twenty-five (25) feet, except when a larger side yard is required for such use.

(b) Building Requirements.

(1) No dwelling structure shall exceed thirty feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission.

(2) Dwellings shall have a total living area of not less than the minimum set forth below:

A. Single-story dwellings - 1,700 square feet;

B. Two-story dwellings - 2,000 square feet;

C. One and one-half-story dwellings - 1,100 square feet ground level, 700 square feet additional level

D. Bi-level, split-level - 1,900 square feet

(3) Roof pitches shall be a minimum of 7/12 unless a lower pitch is appropriate for the architectural style. Front facing gables exceeding 10/12 pitch are strongly encouraged for most house styles.

(Ord. 45-2021. Passed 11-3-21.)

1143.01 PURPOSE.

The purpose of the SR-1 District is to permit the establishment of low density single- family residential uses with lot sizes sufficient for individual water and sewer facilities, but not to exceed two dwelling units per gross acre. Centralized water and sewage facilities are, however, encouraged.

1143.02 PERMITTED USES.

In an SR-1 District the following uses are permitted:

(a) One-family dwelling structures.

(b) Accessory buildings and uses in association with permitted dwellings as specified in Section 1171.03.

(d) Public school offering general education courses and having no facilities on the lot regularly used for housing or sleeping of students, faculty or staff.

1143.03 CONDITIONAL USES.

(a) The following uses shall be allowed in the Suburban Residential District SR-1 subject to approval in accordance with Chapter 1131 :

(1) Public parks, playgrounds and play fields operated with or without fees.

(2) Private schools including child care centers offering general education courses and having no facilities for the housing of students.

(3) Home occupation in association with a permitted dwelling, and in accordance with Chapter 1173 .

1143.04 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards for arrangement and development of land and buildings are required in the Suburban Residential District SR-1.

(a) Lot Requirements.

(1) Except as otherwise provided in this Zoning Ordinance, each lot shall consist of not less than 20,000 square feet.

(2) Each lot shall have a minimum width of ninety-five feet at the front line of the dwelling or other permitted structure closest to a publicly dedicated right-of-way. Each lot shall have access to and abut on such public right-of-way for a distance of eighty-five feet or more, except that, when such right-of-way is other than a straight line the chord distance may be reduced to sixty feet.

(3) Each lot shall have a front setback of not less than thirty-five feet.

(4) Each lot shall have a rear setback of not less than thirty feet.

(5) For permitted structures there shall be a total side setback of twenty feet or more with a minimum of ten feet on one side. For conditional use structures there shall be a side setback on each side of the structure of twenty-five feet or more.

(6) Permitted and conditional uses shall not cover the lot by more than thirty percent (30%).

(b) Building Requirements.

(1) No dwelling shall exceed thirty feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and reviewed and approved by the Planning and Zoning Commission.

(2) Dwellings shall have a total living area of not less than the minimum set forth below:

A. Single-story dwellings - 1,700 square feet;

B. Two-story dwellings - 2,000 square feet;

C. One and one-half story dwellings - 1,100 square feet ground level, 700 square feet additional level;

D. Bilevel, split-level -1,900 square feet.

E. Roof pitches shall be a minimum of 7/12 unless a lower pitch is appropriate for the architectural style. Front-facing gables exceeding 10/12 pitch are strongly encouraged for most house styles.

(Ord. 45-2021. Passed 11-3-21.)

1145.01 PURPOSE.

The purpose of the SR-2 District is to permit the establishment of low density single- family residential uses with lot sizes sufficient for individual water and sewer facilities. Centralized water and sewage facilities, are however, encouraged.

1145.02 PERMITTED USES.

In an SR-2 District the following uses are permitted.

(a) One-family dwelling structures.

(b) Accessory buildings and uses in association with permitted dwelling as specified in Section 1171.03.

(d) Public school offering general education courses and having no facilities on the lot regularly used for housing or sleeping of students, faculty or staff.

1145.03 CONDITIONAL USES.

The following uses shall be allowed in the Suburban Residential District SR-2 subject to approval in accordance with Chapter 1131 .

(a) Public parks, playgrounds and play fields operated with or without fees.

(b) Private schools including child care centers offering general education courses and having no facilities for the housing of students.

(d) Home occupation in association with a permitted dwelling and in accordance with Chapter 1173 .

1145.04 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards for arrangement and development of land and buildings are required in the Suburban Residential District SR-2.

(a) Lot Requirements.

(1) Except as otherwise provided in this Zoning Ordinance, each lot shall consist of not less than 13,500 square feet.

(2) Each lot shall have a minimum width of eighty-five feet at the front line of the dwelling or other permitted structure closest to a publicly dedicated right-of-way. Each lot shall have access to and abut on such public right-of-way for a distance of seventy-five feet or more, except that, when such right-of-way is other than a straight line the chord distance may be reduced to fifty-five feet.

(3) Each lot shall have a front setback of not less than thirty feet.

(4) Each lot shall have a rear setback of not less than thirty feet.

(6) Permitted and conditional uses shall not cover the lot by more than thirty

percent (30%).

(b) Building Requirements.

(2) Dwellings shall have a total living area of not less than the minimum set forth below:

A. Single-story dwellings - 1,600 square feet;

B. Two-story dwellings - 1,800 square feet;

C. One and one-half story dwellings - 1,000 square feet ground level, 600 square feet additional level;

D. Bilevel, split-level - 1,750 square feet.

E. Roof pitches shall be a minimum of 7/12 unless a lower pitch is appropriate for the architectural style. Front-facing gables exceeding 10/12 pitch are strongly encouraged for most house styles.

(Ord. 45-2021. Passed 11-3-21.)

1147.01 PURPOSE.

The purpose of the UR-1 District is to encourage the establishment of medium to low density single-family residential uses not to exceed five dwelling units per gross acre. Centralized water and sewer facilities are required.

1147.02 PERMITTED USES.

In an Urban Residential Low Density District UR-1, the following uses are permitted:

(a) One-family dwelling structures;

(b) Accessory structures and uses in association with permitted structures;

(d) Public school offering general education courses and having no facilities on the lot regularly used for housing or sleeping of students, faculty or staff.

1147.03 CONDITIONAL USES.

The following uses shall be allowed in the UR-1 District subject to approval with Chapter 1131 .

(a) Public parks, playgrounds and playfields operated with or without fee.

(b) Private schools, including child care centers, offering general education courses and having no facilities on the lot regularly used for housing or sleeping of students, faculty or staff.

(d) Home occupation in association with a permitted dwelling, and in accordance with Chapter 1173 .

1147.04 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards

for arrangements and development of land and buildings are required in the UR-1 District:

(a) Lot Requirements.

(1) Each lot shall consist of not less than 9,500 square feet;

(2) Each lot shall have a minimum width of seventy feet at the front line of the dwelling or other permitted structure closest to a publicly dedicated right-of-way. Each lot shall have access to and abut on such public right- of-way for a distance of seventy feet, except that, when such right-of- way is other than a straight line the chord distance may be reduced to fifty-five feet;

(3) Each lot shall have a front setback of not less than thirty-five feet;

(4) Each lot shall have a rear setback of not less than twenty-five feet;

(5) For permitted structures there shall be a total side setback of not less than sixteen feet with a minimum of seven and one-half feet on one side. For conditional use structures there shall be a side setback on each side of the structure of twenty-five feet or more.

(6) Permitted and conditional structures shall not cover the lot by more than thirty percent (30%).

(b) Building Requirements.

(2) Dwellings shall have a total living area of not less than the minimum set forth below:

A. Single-story dwellings - 1,400 square feet;

B. Two-story dwellings - 1,600 square feet;

C. One and one-half story - 1,000 square feet ground level, 400 square feet for each additional level;

D. Bilevel dwelling - 1,600 square feet.

E. Roof pitches shall be a minimum of 7/12 unless a lower pitch is appropriate for the architectural style. Front-facing gables exceeding 10/12 pitch are strongly encouraged for most house styles.

(Ord. 45-2021. Passed 11-3-21.)

1149.01 PURPOSE.

The purpose of the UR-2 District is to encourage the establishment of medium density single-family residential uses not to exceed seven dwelling units per gross acre. Centralized water and sewer facilities are required.

1149.02 PERMITTED USES.

In an Urban Residential Moderate Density UR-2 District, the following uses are permitted:

(a) One-family dwelling structures;

(b) Accessory structures and uses in association with permitted structures;

(d) Public school offering general education courses and having no facilities on the lot regularly used for housing or sleeping of students, faculty or staff.

1149.03 CONDITIONAL USES.

The following uses shall be allowed in the UR-2 District subject to approval with Chapter 1131 .

(a) Public parks, playgrounds and playfields operated with or without fee;

(b) Private schools, including child care centers, offering general education courses and having no facilities on the lot regularly used for housing or sleeping of students, faculty or staff;

(d) Home occupation in association with a permitted dwelling, and in accordance with Chapter 1173 .

1149.04 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards for arrangement and development of land and buildings are required in the UR-2 District:

(a) Lot Requirements.

(1) Each lot shall consist of not less than 7,500 square feet;

(2) Each lot shall have a minimum width of fifty-five feet at the front line of the dwelling or other permitted structure closest to a publicly dedicated right-of-way. Each lot shall have access to and abut on such public right- of-way for a distance of fifty-five feet, except that, when such right-of- way is other than a straight line the chord distance may be reduced to forty-five feet;

(3) Each lot shall have a front setback of not less than thirty feet;

(4) Each lot shall have a rear setback of not less than twenty-five feet;

(5) For permitted structures there shall be a total side setback of not less than fifteen feet with a minimum of seven and one-half feet on one side. For conditional use structures there shall be a side setback on each side of the structure of twenty-five feet or more;

(6) Permitted and conditional structures shall not cover the lot by more than thirty-five percent (35%).

(b) Building Requirements.

(1) No dwelling shall exceed thirty feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and reviewed by the Planning and Zoning Commission.

(2) Dwellings shall have a total living area of not less than the minimums set forth below:

A. Single-story dwellings - 1,250 square feet;

B. Two-story dwelling - 1,500 square feet;

C. One and one-half story bilevel, or split-level - 1,000 square feet ground level, 400 square feet for each additional level;

D. Bilevel dwelling - 1,500 square feet.

E. Roof pitches shall be a minimum of 7/12 unless a lower pitch is appropriate for the architectural style. Front-facing gables exceeding 10/12 pitch are strongly encouraged for most house styles.

(Ord. 45-2021. Passed 11-3-21.)

1151.01 PURPOSE.

The purpose of the AR-1 District is to encourage the establishment of medium density residential development in the form of multiple-family residential uses not to exceed five dwelling units per gross acre. All AR-1 Districts shall abut upon either an arterial or collector street and have a minimum of two forms of ingress and egress for fire safety, and have centralized water and sewer facilities of sufficient capacity.

(Ord. 10-2022. Passed 5-17-22.)

1151.02 PERMITTED USES.

In an AR-1 District, the following uses are permitted:

(a) Multiple-family dwelling structures;

(b) Accessory structures and uses in association with permitted structures;

(d) Public schools offering general education courses and having no facilities on the lot regularly used for the housing or sleeping of students, faculty or staff;

(e) Church or other place of worship provided it occupies a lot of not less than two acres. (Ord. 10-2022. Passed 5-17-22.)

1151.03 CONDITIONAL USES.

The following uses shall be permitted in the AR-1 District, subject to approval by the Planning and Zoning Commission in accordance with Chapter 1131 .

(a) Public parks, playgrounds and playfields operated with or without a fee;

(b) Private schools, including child care centers, offering general education courses and having no facilities, on the lot, regularly used for the housing or sleeping of students, faculty or staff;

(d) Private pool, tennis court or other recreational facility for the exclusive use of an AR-1 District lot.

(e) Nursing Home.

(f) Assisted Living Facility.

(Ord. 10-2022. Passed 5-17-22.)

1151.04 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards for arrangement and development of the land and buildings are applicable in the AR-1 District:

(a) Lot Requirements.

(1) Each lot shall consist of not less than 20,000 square feet. The lot area shall be allocated to the following unit types in any combination not to exceed the lot size one bedroom, 1,500 square feet; two bedrooms, 2,000 square feet and three bedrooms or more, 2,500 square feet;

(2) Each lot shall have a minimum width of eighty feet at the front line of the dwelling or other permitted structure closest to a publicly dedicated right-of-way. Each lot shall have access to and abut on such public right- of-way for a distance of not less than eighty feet, except that, when the right-of-way upon which such fronts is other than a straight line the chord distance may be reduced to sixty-five feet;

(3) Each lot shall have a front setback of not less than twenty-five feet;

(4) Each lot shall have a rear setback of not less than twenty-five feet;

(5) For permitted structures there shall be a total side setback of not less than thirty (30) feet. For conditional use structures there shall be a side setback on each side of the structure of twenty feet or more;

(6) Permitted and conditional structures shall not cover the lot by more than twenty-eight percent (28%). Pavement shall not cover the lot by more than twenty percent (20%).

(b) Building Requirements.

(1) No dwelling shall exceed twenty feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and reviewed and approved by the Planning and Zoning Commission;

(2) Dwellings may contain any combination of one, two or three or more bedroom units provided each unit contains the following minimum amounts of living area:

A. One bedroom -1100 square feet above grade.

B. Two bedrooms - 1350 square feet above grade.

C. Three bedrooms - 1700 square feet above grade.

D. Roof pitches shall be a minimum of 7/12 unless a lower pitch is appropriate for the architectural style. Front-facing gables exceeding 10/12 pitch are strongly encouraged for most house styles.

(3) When there are two or more buildings located on a single lot, the minimum distance between opposite walls shall be twelve feet for facing walls with no windows or doors. If one or both of the walls facing each other have windows or other wall openings the minimum distance between such walls shall be equal to one and one-half times the height of the higher building.

(1) A traffic and parking system plan shall be required that details points of ingress and egress into the property, parking areas with the number of parking spaces, access drives and pedestrian walkways, shown. The plan shall be so designed to minimize conflict points between pedestrian and vehicular movements.

(2) Outdoor trash container systems shall be sufficient to prevent any overflow and screening shall be provided to enclose such containers and hide them from view.

(3) Storm drainage and runoff collection shall be sufficient to prevent any standing water.

(4) Minimizing the number of curb cuts within the lot frontage and joint curb cuts between adjacent uses are encouraged, therefore the minimum distance between curb cuts shall be 120 feet and such curb cut shall be no more than thirty-five feet.

(5) Lots of greater than two and one-half acres shall contain at least one fire hydrant for every additional three-quarter acres over two and one-half initial acres.

(6) For each 15,000 square feet of bedroom area, in any combination, there shall be a 8,000 square foot of open space, exclusive of any yard requirements. Such open space shall be landscaped with natural vegetation. Fifty percent (50%) of the open space requirement must be useable open space with walking paths, playgrounds, etc.

(7) See Chapter 1183 for Landscaping standards including street trees and tree preservation.

For developments which single family residences, a buffer zone with a minimum width of twenty-five feet should be created. Such screening within the buffer zone shall consist of natural vegetation planted no closer than three feet to any property line. Natural vegetation shall have an opaqueness of seventy-five percent (75%) during full foliage and shall be a variety which will attain at a minimum ten feet in height within five years of planting.

(8) Lighting shall be screened or so arranged as to reflect the light away from the adjoining property.

(Ord. 10-2022. Passed 5-17-22.)

(d) Hotels and transient accommodations are prohibited.

(Ord. 45-2021. Passed 11-3-21.)

1155.01 PURPOSE.

The purpose of the GCC-1 District is to promote and foster the economic and physical revitalization of Johnstown's historic 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 GCC-1 (Town Center District) are based on the following principles:

(a) The maintenance and improvement of the downtown physical environment is important in promoting an active and vital business environment.

(b) Development standards and regulations should encourage the adaptive use of older structures.

(c) The upper stories of older structures should be promoted for productive uses that contribute to the business vitality of the area.

(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 within and adjacent to Village Center.

(Ord. 18-2023. Passed 10-3-23.)

1155.02 PERMITTED USES.

In a GCC-1 District, the following uses are permitted:

(a) Administrative, Business and Professional Offices.

(1) Administrative and business offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers consisting of:

A. Brokers and dealers in securities, investments and associated services, not including commercial banks and savings institutions.

B. Insurance agents and brokers and associated services.

C. Real estate sales and associated services.

(2) Professional offices engaged in providing services to the general public consisting of:

A. Medical office and medical office-related activities, but not including veterinary offices or animal hospitals.

B. Other health or allied medical facilities.

C. Professional, legal, engineering and architectural services, not including the outside storage of equipment.

D. Accounting, auditing and other bookkeeping services.

(3) Organizations and associations organized on a profit or non-profit basis for promotion of membership interests, including:

A. Business associations.

B. Professional membership organizations.

C. Civic, social and fraternal organizations.

D. Charitable organizations.

(b) Retail stores 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, including:

(1) Food and food products, consisting of grocery stores, meat and fish markets, fruit stores and vegetable markets, and specialty stores such as bakery, candy or confectionery.

(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 General Commercial District 1 and subject to the requirements of Section 1141.02 (e) . Retail stores will not be permitted to sell items pandering obscenity, as defined in Ohio R.C. Title 29, to adults/juveniles.

(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 personal consumption, including:

(1) Restaurants, but not including restaurants with drive-through facilities.

A. Cafe seating secondary to primary business; excluding outdoor alcohol consumption.

(2) Ice cream parlors

(3) Coffee, bagel, delicatessens and sandwich shops

(4) Banks, savings and loans, and credit agencies, but not including establishments with drive-through facilities.

(5) Post offices.

(6) Barber and beauty shops.

(7) Funeral services.

(8) Small appliance repair.

(9) Commercial photography.

(10) On-premises duplication and reproduction services.

(11) Child Care, Kindergarten, childcare, or daycare in accordance with all applicable state provisions.

(12) Community facilities such as government offices, post office, libraries, museums, private schools, public parks, and similar uses

(13) Dance, Aerobic, Exercise, Gymnastics, and Related Studios.

(14) Event and gathering space

(d) Theaters.

(Ord. 18-2023. Passed 10-3-23.)

1155.03 CONDITIONAL USES.

The following uses shall be permitted in the GCC-1 District, subject to approval by the Planning and Zoning Commission in accordance with Chapter 1131:

(a) Veterinary offices, not including outside boarding of animals.

(b) Multiple-family located on the second level or higher of structure. and single family units in accordance with SR-I requirements.

(d) Gasoline service stations, or retail convenience stores selling gasoline as an ancillary activity.

(e) Motor vehicle repair

(f) Religious, exercise facilities, and related uses.

(g) Bed and Breakfast Establishments. Bed and breakfast establishments with an owner occupant providing eight or fewer guest units,

(h) Parking lots. Stand-alone parking lots not in conjunction with other permitted and/or conditional GCC-1 uses.

Outdoor storage and display of merchandise on public sidewalks shall be prohibited.

(Ord. 18-2023. Passed 10-3-23.)

1155.04 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards for arrangement and development of the land and building are applicable in the GCC-1 District.

(a) Lot Requirements.

(1) No minimum lot size is required; how·ever, lot size shall be adequate to provide the yard space required by these additional district development standards.

(2) No minimum lot width is required; however, all lots shall abut a public street and have sufficient width to provide the yard space required by these additional district development standards.

(3) Each lot shall have a front setback of not less than fifteen (15). Parking areas shall be at least fifteen (15) feet from the street right-of-way.

(4) Each lot shall have a rear setback of not less than twenty-five (25) feet. A structure to be serviced from the rear shall have a service court, alleyway or combination thereof not less than forty (40) feet wide. A rear setback shall not be required on structures whose rear wall is fireproof and contains no windows, doors or other openings, except that a rear setback of forty (40) feet is always required should such GCC-1 District lots rear abut any residential lot.

(5) For permitted and conditional structures there shall be a total side setback of not less than thirty (30) feet with a minimum on one side of fifteen (15) feet. A side setback shall not be required on a structure's side wall that is fireproof and contains no windows, door or other openings, except that a side setback of fifteen (15) feet is always required should such GCC-1 District lot's side abut any residential lot.

(6) Permitted and conditional structures, pedestrian sidewalks and parking areas shall not cover more than sixty-five percent (65%) of the lot. The remaining thirty-five percent (35%) of the lot shall be landscaped with natural vegetation.

(b) Building Requirements. No structure shall exceed forty (40) feet in height.

(1) A traffic and parking system plan shall be required that details points of ingress and egress into the property, parking areas with the number of parking spaces, access drives and pedestrian walkways, shown. The plan shall be so designed as to minimize conflict points between pedestrians and vehicular movements.

(2) Outdoor trash systems shall be sufficient to prevent any overflow and screening shall be provided to enclose such containers and hide them from view.

(3) All sites shall meet Chapter 1197, Stormwater Management and shall submit a stormwater management plan to the City.

(4) Cross access easements should be provided between adjacent commercial and retail sites to minimize curb cuts.

(5) The minimum distance between curb cuts shall be 120 feet except that each lot is permitted a minimum of one curb cut. No curb cut shall be more than thirty-five (35) feet in distance.

(6) Lots of greater than two and one-half (2 ½) acres shall contain at least one fire hydrant for every additional three-quarter (3/4) acres over two and one-half (2 ½) initial acres.

(d) Landscaping. The landscaping of all parking and service areas shall meet the requirements of Chapter 1183. If side or rear yards are adjacent to any district where single-family or two-family residences are a permitted use, landscaping and screening shall also be required in those yards to meet the requirements of Chapter 1183. (Ord. 25-2022. Passed 1-3-23.)

1157.01 PURPOSE.

The purpose of the GCC-2 District is to designate appropriate areas for the establishment and development of commercial activities to service regional needs.

(Ord. 26-2022. Passed 1-3-23.)

1157.02 PERMITTED USES.

In addition to the uses allowed in Chapter 1155, the following uses are permitted in a GCC-2 District:

(a) General merchandise, consisting of department stores, and limited price variety stores.

(b) Home furnishings, consisting of furniture and equipment sales, television, and electronics store.

(c) Building material retail stores, not having outside storage of material, consisting of plumbing and electrical supplies, paint, upholstery, and interior decorating stores, and hardware stores.

(d) Apparel, consisting of clothing, furnishings, and accessory items for men, women and children, custom tailor shops and combined apparel sales and personal service operations, and miscellaneous apparel and accessory stores.

(e) Dry-cleaning establishments.

(f) Public and private parking areas.

(g) Equipment rental or leasing, not including outdoor storage of material.

(h) 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.

(i) Commercial recreational facilities such as community and public swimming pools, skating rinks, bowling alleys, physical fitness centers.

(j) Hotels and motels.

(k) Garden centers.

(l) Carry out food and beverage establishments.

Similar uses, as determined by the Planning Commission, in accordance with the provisions of Section 1127.02(e).

(Ord. 26-2022. Passed 1-3-23.)

1157.03 CONDITIONAL USES.

The following use shall be allowed in the GCC-2 District, subject to the approval of the Planning and Zoning Commission in accordance with Chapter 1131:

(a) Nursing Home.

(b) Assisted Living Facility.

(d) Self-service car washes

(e) Drive-through facilities to be developed in association with a permitted use.

(f) New and used car sales and service, provided all operations except for display and sales are located completely within an enclosed building.

(g) Gasoline service stations, or retail convenience stores selling gasoline as an ancillary activity.

(h) Religious exercise facilities and related uses.

(i) Veterinary offices and animal hospitals.

(j) Motor vehicle service establishments

(k) Outdoor storage and display of merchandise on public sidewalks.

(Ord. 26-2022. Passed 1-3-23.)

1157.04 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards for arrangement and development of the land and building are applicable in the GCC-2 District.

(a) Lot Requirements.

(1) No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these additional district development standards.

(2) No minimum lot width is required; however, all lots shall abut a public street and have sufficient width to provide the yard space required by these additional district development standards.

(3) Each lot shall have a front setback of not less than thirty (30) feet. Parking areas shall be at least fifteen (15) feet from the street right-of-way.

(4) Each lot shall have a rear setback of not less than twenty-five (25) feet. A structure to be serviced from the rear shall have a service court, alleyway or combination thereof not less than forty (40) feet wide. A rear setback shall not be required on structures whose rear wall is fireproof and contains no windows, doors or other openings, except that a rear setback of one hundred (100) feet is always required should such GCC-2 District lots rear abut any single family residential lot.

(5) For permitted and conditional structures there shall be a total side setback of not less than thirty (30) feet with a minimum on one side of twenty five (25) feet. A side setback of fifteen (15) feet shall be allowed on a structure's side wall that is fireproof and contains no windows, door or other openings, except that a side setback of twenty five (25) feet is always required should such GCC-2 District lot's side abut any residential lot.

(6) Permitted and conditional structures, pedestrian sidewalks and parking areas shall not cover more than sixty-five percent (65%) of the buildable area of the lot. The remaining thirty-five percent (35%) of the lot shall be landscaped with natural vegetation. Any area that exists in the flood plain shall not be usable for this thirty five percent (35%) green space requirement.

(b) Building Requirements. No structure shall exceed forty (40) feet in height.

(1) A traffic and parking system plan shall be required that details points of ingress and egress into the property, parking areas with the number of parking spaces, access drives and pedestrian walkways, shown. The plan shall be so designed as to minimize conflict points between pedestrians and vehicular movements.

(2) Outdoor trash systems shall be sufficient to prevent any overflow and screening shall be provided to enclose such containers and hide them from view.

(3) All sites shall meet Chapter 1197, Stormwater Management and shall submit a stormwater management plan to the City.

(4) Cross access easements should be provided between adjacent commercial and retail sites to minimize curb cuts.

(5) The minimum distance between curb cuts shall be 120 feet except that each lot is permitted a minimum of one curb cut. No curb cut shall be more than thirty-five (35) feet in distance.

(6) Lots of greater than two and one-half (2 ½) acres shall contain at least one fire hydrant for every additional three quarter (3/4) acres over two and one-half (2 ½) initial acres.

1159.01 PURPOSE.

It is the purpose of the Light Manufacturing LM District to designate appropriate areas for the establishment and development of manufacturing activities to supply regional needs.

1159.02 PERMITTED USES.

In a LM District the following uses are permitted:

(a) Pottery and Figurines. Using previously pulverized clay and kilns fired only with gas or electricity.

(b) Novelties. Including musical instruments, toys, rubber or metal stamps and other small rubber products.

(c) Appliances. Electrical and electric appliances, instruments, and devices, television sets, radios, phonographs, electric and neon signs, billboards and other commercial advertising structures, refrigerators and stoves.

(d) Light Sheet Metal Products. Including heating and ventilating equipment, cornices, eaves and the like.

(e) Grain Elevators and Mills.

(Ord. 39-2019. Passed 12-19-19.)

1159.03 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards for arrangement and development of land and buildings are applicable to the LM District:

(Ord. 1983-20. Passed 8-16-83.)

(a) Lot Requirements.

(1) No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these additional district development standards.

(2) No minimum lot width is required; however, all lots shall abut a public street and have sufficient width to provide the yard space required by these additional district development standards.

(3) Each lot shall have a front setback of not less than forty feet. Parking areas shall be at least fifteen feet from the street right-of-way.

(4) Each lot shall have a rear setback of not less than twenty-five feet. A structure to be serviced from the rear shall have a service court, alleyway or combination thereof not less than forty feet wide. A rear setback shall not be required on structures whose rear wall is fireproof and contains no windows, door or other openings, except that a rear setback of forty feet is always required should such LM District lots rear abut any residential lot.

(5) For permitted and conditional structures there shall be a total side setback of not less than thirty-five feet with a minimum on one side of fifteen feet. A side setback shall not be required on a structure's side wall that is fireproof and contains no windows, doors or other openings, except that a side setback of fifteen feet is always required should such LM District lot's side abut any residential lot.

(6) Permitted and conditional structures, pedestrian sidewalks and parking areas shall not cover more than ninety percent (90%) of the lot. The remaining ten percent (10%) of the lot shall be landscaped with natural vegetation. (Ord. 16-11. Passed 9-20-11.)

(b) Building Requirements. No structure shall exceed forty feet in height.

(1) A traffic and parking system plan shall be required that details point of ingress and egress into the property, parking spaces, access drives and pedestrian walkways, shown. The plan shall be so designed as to minimize conflict points between pedestrians and vehicular movements.

(2) Outdoor trash systems shall be sufficient to prevent an overflow and screening shall be provided to enclose such containers and hide them from view.

(3) Storm drainage and runoff collection shall be sufficient to prevent any standing water.

(4) Minimizing the number of curb cuts within the lot frontage and joint curb cuts between adjacent uses are encouraged, therefore the minimum distance between curb cuts shall be 120 feet except that each lot is permitted a minimum of one curb cut. No curb cut shall be more than thirty-five feet in distance.
(Ord. 1983-20. Passed 8-16-83.)

(5) Lots of greater than two and one-half acres shall contain a fire hydrant plan which has been approved by the Johnstown-Monroe Fire District Fire Chief and approval by the Manager.
(Ord. 1988-17. Passed 9-6-88.)

(6) Outdoor storage and display of merchandise on public sidewalks shall be prohibited.
(Ord. 1983-20. Passed 8-16-83.)

1159.04 CONDITIONAL USES.

In a LM District the following uses are allowed as conditionally permitted:

(a) Medical Cannabis Cultivation. Medical Cannabis Cultivations businesses as defined in Section 1121.02(a)(43).

(b) Fire Station

(d) Emergency Medical Services

(e) Food Products. Bakery goods, candy, light meat packing, sausage making, canning, milk products and the like, excluding fish products, slaughterhouses, sauerkraut, vinegar, yeast and rendering and refining fats or oils.

(f) Pharmaceuticals. General pharmaceutical products, cosmetics and toiletries.

(g) Products for the following previously prepared products: Bone, canvas, cellophane, cloth, cork, feathers, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal, except where presses over twenty tons rated capacity are employed, shell, textiles, tobacco, wax, wood, except where saw and planning mills are employed and yarns.

(h) Laboratories. Experimental, film or testing laboratories, provided no operations shall be conducted or equipment used which would create hazards, noxious or offensive conditions.

(i) Individual, public commercial storage units, provided such units are located only in the boundary area northeast of Pratt Street and Ford Street, with an imaginary straight line at Ford extending to Douglas Street.

(j) Medical Cannabis Processing. Medical Cannabis Processing businesses as defined in Section 1121.02(a)(89)

(Ord. 35-2019. Passed 10-1-19; Ord. 39-2019. Passed 11-19-19; Ord. 43-2019. Passed 2-6-20.; Ord. 17-2020. Passed 7-16-20.)

1161.01 PURPOSE.

The purpose of the FP District is to provide for the proper use and development of lands subject to periodic flooding and encourage the development of such lands in a manner that will promote the public health, safety and general welfare of the general citizenry. Uses permitted in this area are generally associated open space, recreational and agricultural land uses and shall not hinder the movement of floodwaters.

1161.02 PERMITTED USES.

In an FP District the following uses are permitted:

(a) Agricultural operations which do not require that structures be located in flood prone areas including:

(1) Dairying;

(2) Pasturage;

(3) Horticulture or floriculture.

(b) Public parks, playgrounds and playfields.

1161.03 CONDITIONAL USES.

Uses which are consistent with the open nature of the FP District may be allowed subject to approval with Chapter 1131.

1161.04 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards shall be complied with:

(a) Any natural vegetation shall be kept in a neat and orderly manner as determined by the Zoning Inspector. This shall include periodic mowings, removal of dead trees, etc.;

(b) There shall be no outdoor storage of vehicles for more than forty-eight hours;

1163.01 PURPOSE.

The purpose of the OS District is to provide for the use and maintenance of land upon which there are relatively few improvements, but which can be expected to be developed in the future.

1163.02 PERMITTED USES.

In the OS District the following uses are permitted:

(a) Public or private parks, preserves or sanctuaries intended for public use and enjoyment to include accessory structures such as shelters and picnic areas;

(b) Public or private golf courses to include clubhouse facilities;

1163.03 CONDITIONAL USES.

Uses which are consistent with the purpose and intent of the OS District may be allowed subject to approval with Chapter 1131.

1163.04 ADDITIONAL DISTRICT DEVELOPMENT STANDARDS.

In addition to the provisions of Title Seven of this Part Eleven, the following standards shall be complied with:

(a) Any natural vegetation shall be kept in a neat and orderly manner as determined by the Zoning Inspector. This shall include periodic mowings, removal of dead trees, etc.;

(b) There shall be no outdoor storage of vehicles for more than forty-eight hours;

1164.01 PURPOSE.

This district is established to encourage the existence of agricultural uses, to permit a degree of low-density residential development in areas not requiring public water and sewer for their present or future uses, and to physically conserve areas as needed for intensive development. (Ord. 19-2022. Passed 10-18-22.)

1164.02 PERMITTED USES.

In an AG District the following uses are permitted:

(a) Agricultural uses, 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) Publicly owned parks, playgrounds and open space.

(Ord. 19-2022. Passed 10-18-22.)

1164.03 ACCESSORY USES.

(a) Private detached garages.

(b) Tool or garden sheds.

(c) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of construction work.

(d) Temporary roadside stands, offering for sale only agricultural products grown on the premises. (Ord. 19-2022. Passed 10-18-22.)

1164.04 CONDITIONAL USES

(a) Animal boarding facilities.

(b) Animal hospitals or clinics.

(d) Public schools offering general educational courses and having no rooms regularly used for housing or sleeping of students, providing they occupy an amount of acreage that meets or exceeds state standards.

(Ord. 19-2022. Passed 10-18-22.)

1164.05 DEVELOPMENT STANDARDS.

(a) Lot Area. For each principal pennitted use, the lot area shall be not less than five (5) acres.

(b) Minimum Lot Frontage. Two hundred (200) feet frontage on a dedicated, improved street or highway.

(d) Minimum Side Yard Width. Twenty (20) feet.

(e) Minimum Sum of Side Yard Widths. Forty (40) feet.

(f) Minimum Rear Yard Depth. Fifty (50) feet.

(g) Maximum Building Height. Forty-five (45) feet for buildings. Silos, windmills, or any other structure listed as a pennitted, accessory or conditional use may exceed this height provided such structures maintain a distance equal to their height to any adjacent property or zoning district. (Ord. 19-2022. Passed 10-18-22.)

1164.06 LOT AND AREA REGULATIONS; ALL NONRESIDENTIAL USES.

The area or parcel of land for nonresidential uses shall not be less than that required to provide a site adequate for the principal and accessory buildings, off-street parking and other accessory buildings, off-street parking and other accessory uses, setbacks, yards and open spaces to accommodate the facility and maintain the character of the neighborhood, and in no case shall be less than five (5) acres.

(Ord. 19-2022. Passed 10-18-22.)

1165.01 PURPOSE AND APPLICATION.

(a) Purpose. The Planned Development (PD) District regulations are intended to provide flexibility and creativity in terms of the types of uses and improvements that may be developed and operated within a particular area. The purposes of the PD District regulations are to:

(1) Facilitate master planning to provide for cohesive development across multiple properties;

(2) Provide an opportunity for a mix of land uses otherwise not permitted within standard municipal zoning district classifications to facilitate the development and operation of uses in a manner that reflect modern needs, market trends, and preferences.

(3) Allow for the creation of development standards that respect the unique characteristics and qualities of a property and the immediate vicinity and protect the community's natural resources.

(4) Enable more specific reviews of certain design characteristics to ensure that a development project is properly integrated into its surroundings and is compatible with or complimentary to adjacent development.

(5) Assure compatibility between proposed land uses within and around the Planned Development District through appropriate development controls.

(6) Pursue the goals of the City as defined in the city's major policies and plans like the comprehensive land use plan. .

(7) Promote economical and efficient use of land and reduce infrastructure extension and long-term maintenance costs through unified development.

(8) Provide for supporting community amenities such as (but not limited to) parkland, paths, open spaces, and tree preservation areas.

(9) Establish objective criteria for development plan review that ensure conformity to community and district standards and allow for consistent treatment throughout.

(10) Encourage proper relationships between buildings, other developments, structures, and land, and develop in an orderly, coordinated, and comprehensive manner.

(11) Encourage unified development projects that exhibit creative, holistic, and superior planning and design in ways that cannot be achieved through a standard zoning district.

(12) Implement predictable and timely review procedures applicable to Planned Development Districts.

(b) Application. The Planned Development District regulations assist in accomplishing the above purposes by establishing review steps that combine the request for a zoning of real property with the development plan review process and, when applicable, the subdivision process.

(1) Separate Districts. Each Planned Development District shall be considered a separate and unique zoning district wherein a preliminary development plan (a "Preliminary Development Plan"), including (but not limited to) an associated written text providing the specific development standards applicable to the PD District (a "Zoning Text"), is adopted. The Preliminary Development Plan shall pertain only to the property within the particular PD District to which it applies. The approval of a Preliminary Development Plan application also shall constitute a zoning amendment to a PD zoning designation for the property that is the subject of the application.

(2) PD Supersedes Other Provisions. Planned Development Districts adopted and established in accordance with the provisions of this chapter shall take precedence over any conflicting regulations contained in the City's Planning and Zoning Code and/or Subdivision Regulations.

(c) Ownership/Control. A Planned Development District shall be an integrated, unified development project wherein the entire project area that is the subject of a single application shall be in common or shared ownership and/or control at the time the application for Preliminary Development Plan approval is filed. Any transfer of land within the Planned Development District resulting in ownership within the development by additional or other parties after an application has been filed shall not alter the applicability of the regulations contained herein. An approved Preliminary Development Plan shall be binding upon property owners and their successors and assigns.

(d) Eligibility. For property to be eligible to be classified with the PD designation, it must be included within a Preliminary Development Plan application pertaining to a minimum of three hundred fifty (350) acres, which must be contiguous to one another. Properties separated by a public right-of-way shall be contiguous for purposes of this provision.

(e) Additions. At any time after a Preliminary Development Plan application containing a minimum of three hundred fifty (350) acres has been approved so as to apply the PD designation thereto, separate property will be eligible, but not guaranteed, to be zoned as an addition to the same PD, regardless of whether or not it is contiguous to any of the acreage contained within that PD, if (i) the separate property is owned or controlled by the same applicant that filed the original PD application, or (ii) the separate property is under common ownership with a portion of other real property that is already zoned with that PD designation. In addition, non-contiguous separate real property that is not contiguous with a boundary of an existing PD shall be eligible to be added to the existing PD only if any portion of the boundary of the separate property to be added is located within one half mile of a boundary of the existing PD.

(Ord. 10-2023. Passed 6-20-23.)

1165.02 ESTABLISHMENT OF PLANNED DEVELOPMENT DISTRICT.

A Planned Development District shall be established according to the following:

(a) Zoning. A request for zoning land to a Planned Development District classification shall be made according to this Chapter 1165 by filing a Preliminary Development Plan application. All properties with a PD classification shall be designated on the zoning map as "PD" plus initials of the development name. The development name can be assigned by the applicant or can be assigned by the City Manager as a unique identifier for the project through its application and construction phases.

(b) Preliminary Development Plan. A Preliminary Development Plan application shall be reviewed by the Planning and Zoning Commission and City Council in accordance with this Chapter 1165. An action by City Council to approve, approve with conditions, or disapprove a Preliminary Development Plan application shall be deemed to constitute the act of zoning and shall be considered to be a legislative action.

(c) Final Development Plan. Final development plans (each, a "Final Development Plan") shall be reviewed and acted upon for all proposed developments which are not Major Economic Development Projects (such term being defined in Section 1165.06(j)) by the relevant reviewing body in accordance with this Chapter 1165. A Final Development Plan application may include the entirety of the PD District, or it may be submitted for part of the PD District in accord with any commitments that were made in the approved Preliminary Development Plan with regard to the phasing of development. All uses and developments within a PD District which are not Major Economic Development Projects shall comply with an approved Final Development Plan. An action by the relevant reviewing body to approve, approve with conditions, or disapprove a Final Development Plan application (or a permitted modification to or amendment thereof) shall be deemed to constitute an administrative action.

(d) Certificate of Development Approval. A certificate of development approval ("CODA") shall be reviewed and acted upon for all Major Economic Development Projects (such term being defined in Section 1165.06(j)) by the Administrative Board of Review (such term being defined in Section 1165.06(k)). Each use and development within a PD District which qualifies as a Major Economic Development Project shall comply with an approved CODA. An action by the Administrative Board of Review to approve, approve with conditions, or disapprove a CODA application (or a permitted modification to or amendment thereof) shall be deemed to constitute an administrative action.

(e) Plats. When a plat is necessary or required it shall be reviewed in accordance with the City's Subdivision Regulations (see Part Eleven - Planning and Zoning Code, Title One. Subdivision Regulations in the City of Johnstown Codified Ordinance). An application for preliminary plat review and approval may be filed at the same time as an application for Preliminary Development Plan review and approval or Final Development Plan review and approval, or may be filed at a later date. An application for final plat review and approval may be filed at the same time as an application for Final Development Plan review and approval or may be filed at a later date.

(f) Expiration of Preliminary Development Plan and Zoning Text. Given the nature of the PD District as providing for a Preliminary Development Plan and Zoning Text having unique features suited to a particular time, the approval of a Preliminary Development Plan and Zoning Text shall expire on the third anniversary of City Council approval of the Preliminary Development Plan and Zoning Text unless construction has commenced on at least the first phase prior to that date. Further, unless construction has commenced on at least seventy percent (70%) of the total acreage of the PD District, the approval of a Preliminary Development Plan and Zoning Text shall expire as to property on which construction has not commenced, on the eighth anniversary of Council approval. At any time prior to expiration, the applicant may request and Council may grant an extension of the Preliminary Development Plan and Zoning Text approval for good cause shown.

Upon expiration of Preliminary Development Plan and Zoning Text approvals, the property will retain its PD District zoning, but no construction or development may proceed upon undeveloped property without approval of a new Preliminary Development Plan and Zoning Text through the legislative process established in this Chapter, or a rezoning to a different zoning district. (Ord. 10-2023. Passed 6-20-23.)

1165.03 PERMITTED AND CONDITIONAL USES.

A PD District may allow for a single use or any combination of uses when such uses are found to be compatible with one another in the context of a Preliminary Development Plan and in keeping with the intent of the general development criteria of the PD District, provided the proposed location of the uses will not materially adversely affect the public health, safety, and general welfare.

(a) List of Uses. The specific uses to be included in the proposed PD District shall be clearly listed in the Zoning Text. Uses in the Zoning Text need not be listed as permitted uses or conditional uses in any other portion of the City's Planning and Zoning Code, it being the intent that each PD District is unique and may allow for the development and operation of uses which may or may not be permitted in any other zoning district within the City. Listed permitted, conditional, and accessory uses shall be defined by their customary name or identification, except where they are specifically defined or limited in the Planning and Zoning Code or the Zoning Text. Uses that are not listed as permitted, conditional, or accessory uses in the Zoning Text shall be prohibited.

(b) Designations of Uses. Uses shall be identified in the Zoning Text as being permitted uses, conditional uses, or accessory uses. Any listed use may be limited to certain areas delineated in the Preliminary Development Plan. A PD District may include subareas, districts, or similar designations where only certain uses are permitted and where particular development standards may be applied to only a portion of the PD District. Conditional uses shall be required to be reviewed in accordance with Chapter 1131, provided, however, that a decision of the Planning and Zoning Commission to deny a conditional use application may be appealed by the applicant to City Council by filing a notice of the appeal with the City Council Clerk within fifteen (15) days after such the Planning and Zoning Commission action is taken. City Council shall then hold a hearing on the appeal at its next regularly scheduled meeting that is at least fifteen (15) days after the City Council Clerk's receipt of the appeal and shall make an administrative determination of whether or not the denial of the conditional use was illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the record.

(Ord. 10-2023. Passed 6-20-23.)

1165.04 STANDARDS - GENERALLY.

The proposed PD District shall include development standards in the Zoning Text to identify the allowable uses of land, buildings, and other structures; building locations, bulk, layouts, arrangements, designs, and heights; the percentages of lot areas that may be occupied; the setbacks of buildings from public street rights-of-way and property lines; the sizes of yards and other spaces; the density of development; and other matters relevant to the proposed use and development. (Ord. 10-2023. Passed 6-20-23.)

1165.05 PROJECT PHASING.

If the PD District is to or may be developed in phases, each phase shall have adequate provision for vehicular access, parking, storm water management, utilities, and other public improvements to serve approved development within that phase.

(Ord. 10-2023. Passed 6-20-23.)

1165.06 PROCEDURES.

(a) General Provisions. Review of applications for Planned Development Districts shall be conducted in compliance with the provisions of this Section 1165.06. Each application shall be reviewed for completeness and compliance with applicable submission requirements, unless specific items are determined by City staff to be inapplicable or unnecessary. If the application is deemed insufficient, the City staff shall notify the applicant of the deficiencies. Only complete applications shall be placed on a Planning and Zoning Commission or City Council agenda.

(b) Concept Plan. Prior to submittal of any application for a PD, the applicant shall meet with the appropriate staff of the City for the review of a "Concept Plan" before the applicant files a Preliminary Development Plan application. The Concept Plan is intended to outline the basic scope, character, and nature of a proposed project. The review of the Concept Plan is to provide input in the formative stages of design. The Concept Plan shall include, at a minimum, a proposed general use diagram for property proposed for development, an indication of anticipated proposed uses, and other information which may be relevant to future proposed rezoning and development of the property. The applicant may (but shall not be required to) request review and feedback of a Concept Plan from the City Council prior to preparing a Preliminary Development Plan and filing a related application. If such a review is requested, an application for review of a Concept Plan shall be filed with City staff, which shall then forward it to City Council for review within thirty (30) days of the filing of the application. No discussions, opinions, or suggestions provided on any aspect of the Concept Plan shall bind the applicant or the City.

(c) Zoning Amendment Request. The submittal of a Preliminary Development Plan application to the City shall constitute an application for a zoning amendment to a PD District classification with respect to the property that is the subject of the application. The procedures, timing, and requirements for filing and reviewing a Preliminary Development Plan application as provided in this Chapter 1165 shall apply to the exclusion of the procedures, timing, and requirements for other zoning amendment applications as provided in Chapter 1137. Any amendments to an approved Zoning Text and associated Preliminary Development Plan shall update the original documents, to create a single source of regulations for each PD. Amendments that only reference a previously approved plan will not be accepted until such time as the governing Zoning Text and Development Plan update the original documents accordingly.

(d) Preliminary Development Plan Review Procedures. An application for a Preliminary Development Plan review and approval, including all submission requirements for Preliminary Development Plans, shall be reviewed and distributed according to the following procedures.

(1) Staff Review. After determining that the application is complete pursuant to the requirements of Section 1165.08(a), the relevant City staff shall forward the application to the appropriate City departments and, if determined necessary, professional consultants, for review and comment. During their review, the staff may meet with the applicant to review the application, and the applicant may revise the application in response to staff's comments.

(2) Planning and Zoning Commission Review. After the application has been deemed by City staff to be complete, the Preliminary Development Plan application shall be placed on the agenda for the next regular meeting of the Planning and Zoning Commission that meets all notice requirements of the PD District. This meeting date cannot be less than twenty (20) days but no more than forty (40) days from the application being deemed complete. The Preliminary Development Plan application and supporting documentation, City staff comments, any other reports prepared and any accompanying documents (such as, but not limited to, letters from residents or maps) shall be transmitted to the Planning and Zoning Commission prior to the meeting. The Planning and Zoning Commission shall review the application at a public hearing to determine if it complies with the approval criteria set forth in this Section 1165.07(a). When reviewing the application the Planning and Zoning Commission shall take into consideration any submitted plans, the Zoning Text, supporting documentation and/or testimony from the applicant or its agents or consultants, the City's Comprehensive Plan and/or other relevant plans and studies, staff reports, staff and/or public comments, and expert opinions.

A. Request for Additional Information/Revisions. In its review of an application, the Planning and Zoning Commission may request additional information deemed reasonably necessary to adequately review and evaluate the proposed development, and/or may request that the applicant revise elements of the application. When this occurs, the Planning and Zoning Commission may table the application. A tabled application will be scheduled for additional review at the next regular meeting of the Planning and Zoning Commission following receipt of the revised materials and schedule of revisions or amendments. The applicant may request additional time to address the information that has been requested by the Planning and Zoning Commission as part of its action to table the case, in which case the Planning and Zoning Commission shall schedule additional review of the application at the next regularly or specially scheduled meeting that allows the applicant adequate time to provide the new information.

B. Action by Planning and Zoning Commission. The Planning and Zoning Commission shall recommend to City Council one of the following after considering the approval criteria set forth in Section 1165.07(a):

(i) That the Preliminary Development Plan and its supporting documentation be approved as submitted;

(ii) That the Preliminary Development Plan and its supporting documentation be approved with specific conditions set forth by the Planning and Zoning Commission to further improve the proposed development; or

(iii) That the Preliminary Development Plan be disapproved.

C. Transmission to City Council. The Planning and Zoning Commission shall transmit the Preliminary Development Plan application along with all appropriate documentation, including a recommendation to City Council, within seven (7) days of taking action.

(3) Review and Action by City Council. City Council shall review and act on a single proposed ordinance to approve both the zoning of the relevant property to the PD designation and the associated Preliminary Development Plan, including conducting a public hearing, in accordance with City Council procedures. Before holding the public hearing, notice of such hearing shall be given by the City Council Clerk by posting on the website maintained by the City at least seven (7) days before the date of such hearing. This notice shall set forth the time and place of the public hearing, and the nature of the proposed zoning amendment and Preliminary Development Plan as contemplated in the application.

A. In reviewing the ordinance, City Council shall consider the approval criteria set forth in Section 1165.07(a). Approval of the Preliminary Development Plan application shall be required in order for a particular property to be classified with the PD designation. City Council may accept or reject any conditions of approval of the application as recommended by the Planning and Zoning Commission, in whole or in part, or it may add conditions either in addition to or in substitution of conditions recommended by the Planning and Zoning Commission.

B. Disapproval by City Council shall result in the property that is the subject of the zoning/Preliminary Development Plan application retaining the same zoning classification as applied to it prior to the filing of the application.

C. Adoption of the ordinance to approve the Preliminary Development Plan application shall constitute a rezoning of the property to a Planned Development District, and the Preliminary Development Plan and associated commitments then shall be binding on the applicant and relevant property owner(s). The Official Zoning Map shall be amended to reflect the zoning change. In the event City Council approves the Preliminary Development Plan with conditions requiring modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised Preliminary Development Plan with the City staff for the City's records within sixty (60) days. The adequacy of any such modifications shall be determined by the City Manager or their designee.

(4) Significance of Approved Preliminary Development Plan. Legally effective approval or approval with recommended modifications of the Preliminary Development Plan application by the City Council shall:

A. Establish the development framework for the particular PD District, including but not limited to use areas and types, densities, building types, recreational facilities, general locations of open space, and street alignments;

B. For proposed developments other than Major Economic Development Projects, permit the applicant to file one or more Final Development Plan applications for some portion or all of the PD District; and

C. For Major Economic Development Projects, permit the applicant to file one or more CODA applications for some portion or all of the PD District, in accordance with any approved phasing commitments as set forth in the Preliminary Development Plan.

(e) Final Development Plans. An application for Final Development Plan review, when required, shall include the submission requirements set forth in Section 1165.08(b) and shall be submitted for review according to the following: A Final Development Plan application may include all or a portion of the PD District. An application for Final Development Plan review and approval shall be required for each portion of the development other than any portion that contains a Major Economic Development Project. Major Economic Development Projects shall be reviewed pursuant to a certificate of appropriateness application as contemplated in Section 1165.08(j).

A Final Development Plan application shall be reviewed according to the following procedures:

(1) Staff Review. After determining that an application is complete pursuant to the requirements of Section 1165.08(b), the relevant City staff shall forward the application to the appropriate city departments and, if determined necessary, professional consultants, for review and comment. The application shall be reviewed for compliance with the approved Preliminary Development Plan, and the requirements of the Zoning Text, approved preliminary plats, and other relevant provisions of City Code. During the course of their review, City staff may meet with the applicant to review the application, and the applicant may revise the Final Development Plan application in response to staff's comments.

(2) Scheduling; Reviewing Body. After the application has been deemed by City staff to be complete, the Final Development Plan application shall be placed on the agenda for a meeting of City Council that meets all notice requirements of the PD District. The Final Development Plan application and supporting documentation, City staff comments, any other reports prepared and any accompanying documents (such as but not limited to letters from residents or maps) shall be transmitted to City Council prior to the meeting. At the meeting, City Council first shall take action to determine if it will either (A) review the Final Development Plan application so that it will make a decision to approve it, approve it with conditions, or disapprove it, or (B) refer the application to the Planning and Zoning Commission and delegate authority to review and act upon the application to that body. If City Council determines that it will retain the authority to make a decision on the particular application, then immediately following its vote to retain such authority it shall undertake a public review of and hearing on the application. Should City Council determine that it will refer the application to the Planning and Zoning Commission, then the Planning and Zoning Commission will review the application at its first meeting that is at least seven (7) days following the date when City Council took the action to refer the application. Prior to the Planning and Zoning Commission meeting, City staff shall provide the members of the Planning and Zoning Commission with copies of the same documents and materials which were provide to City Council for the same application.

The relevant reviewing body shall review the application to determine if it complies with the approval criteria set forth in Section 1165.07(b). It shall take into consideration any submitted plans, the Zoning Text, supporting documentation and/or testimony from the applicant or its agents or consultants, staff reports, staff and/or public comments, and expert opinions when reviewing the application.

(3) Request for Additional Information/Revisions. In its review of a Final Development Plan application, the reviewing body may request additional information deemed necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the reviewing body may table the application. A tabled application will be scheduled for additional review at the next regular meeting of the reviewing body following receipt of the revised materials and a schedule of revisions or changes, unless the applicant requests additional time to address the information that has been requested, in which case the reviewing body shall schedule additional review of the application at the next regularly or specially scheduled meeting that allows the applicant adequate time to provide the new information.

(4) Review Standard. In reviewing the Final Development Plan application, the reviewing body shall determine if the Final Development Plan complies with all specific requirements, purposes, intent, and basic objectives of the Preliminary Development Plan, and any commitments made or conditions agreed to with the adoption of the Preliminary Development Plan, and if determines that there is such compliance, it shall act to approve the application.

(5) Minor Text or Plan Modifications. The reviewing body for a Final Development Plan shall review and approve or disapprove of requests for minor text and/or plan modifications within the PD District, and may, in reviewing that Final Development Plan or a requested modification thereto, approve a minor text modification from one or more provisions of the approved Zoning Text or other elements of the approved Preliminary Development Plan, if it determines that all of the following provisions are satisfied:

A. The proposed modification(s) do not alter the list of permitted, conditional, or accessory uses or cause an increase in permitted density of development;

B. The proposed modification(s) result in a development of equivalent or higher quality than that which could be achieved through strict application of the requirement(s); and

C. The development, with the modification(s) as proposed on the Final Development Plan, will have no adverse impacts upon the surrounding properties or upon the health, safety, or general welfare of the community.

(f) Action on a Final Development Plan Application. The reviewing body for a particular Final Development Plan application shall take one of the following actions thereon:

(1) Approve the application as submitted, including any requested deviations from the approved Preliminary Development Plan;

(2) Approve the Final Development Plan with modification(s) as agreed to by the applicant and/or with deviations that the required reviewing body approves; or

(3) Disapprove the Final Development Plan when the application does not demonstrate that the required standards have been met. Disapproval of the Final Development Plan shall terminate the process, subject to any applicable administrative appeal rights. The applicant may file a revised Final Development Plan application if it receives a vote of disapproval on a previous application. Such action shall be considered a new application for review and shall contain all the information required for a Final Development Plan.

(g) Permits. Following the approval of a Final Development Plan, the applicant may proceed with the certificate of zoning compliance and building permit process for the property and the development that was the subject thereof, consistent with approval as granted.

(1) After approval of the Final Development Plan, the applicant shall obtain a zoning certificate pursuant to Chapter 1127 and a building permit prior to commencing construction.

(2) A zoning certificate and building permit shall not be issued until any required final plat has been recorded and the City has accepted any applicable land areas that are to be dedicated to the City for the property that was the subject of the Final Development Plan.

(3) Required covenants, easements, and restrictions (if any) shall be recorded prior to the approval of any building permit in a location where such covenants, easements, or restrictions are intended to apply. The City may require a copy of the recorded document prior to issuing any building permit.

(4) All construction and development under any building permit shall be in accordance with the approved Final Development Plan, as may be amended pursuant to Section 1165.04(i). Any unauthorized departure from such plan shall be cause for revocation of the certificate of zoning compliance.

(h) Appeal of Disapproved Final Development Plan. When a Final Development Plan application (or an application for an amended Final Development Plan, as provided in the immediately following subsection (i)) is disapproved by the Planning and Zoning Commission, an applicant may file an administrative appeal to City Council by filing a notice of the appeal with the City Council Clerk within fifteen (15) days after such disapproval action is taken. City Council shall then hold a hearing on the appeal at its next regularly scheduled meeting that is at least fifteen (15) days after the City Council Clerk's receipt of the appeal and shall make an administrative determination of whether or not the disapproval of the Final Development Plan was illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the record. When a Final Development Plan application (or an application for an amended Final Development Plan, as provided in the immediately following subsection (i)) is disapproved by City Council as the reviewing body or after hearing an appeal of a Planning and Zoning Commission decision to disapprove a Final Development Plan application, an applicant may file an administrative appeal in court in accordance with applicable state law.

(i) Modifications to Approved Final Development Plans. Requested modifications to the approved Final Development Plan(s) shall be reviewed according to the following:

(1) Administrative Approval. The City Manager, or designee, in administering the approved Final Development Plan and Zoning Text, may authorize minor plan modifications to building layouts, parking arrangements, sign locations, lighting, and other site-related improvements that are required to correct any errors or address changes to the site made necessary during construction, provided the modifications remain consistent with the purpose of the approved Final Development Plan and Zoning Text.

(2) No administrative modifications shall be made that increase the permitted density of development or add to the list of permitted or conditional uses.

(3) Modifications deemed minor ("Minor Modifications") may include such changes as:

A. Minor adjustments in lot lines provided no additional lots are created. adequate buildable space is maintained, and required setbacks are maintained;

B. Minor adjustments in the location of and layout of parking lots provided the required perimeter setbacks, tree island coverage, yards and buffers are maintained;

C. Minor adjustments in building footprints up to three percent (3.0%) in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use thereof;

D. Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size;

E. Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained;

F. Redesigning and/or relocating landscape mounds, provided that the same level and quality of screening is maintained;

G. Minor modifications to signs and/or lighting not related to design, such as size and aesthetics, and not otherwise in conflict with Chapter 1177 (signs) or to the light pollution standards set forth in Section 1179.06(b)(4)(J) of this Code;

H. Changes required by outside agencies such as the county, state, or federal departments; or

I. Other minor modifications deemed by the City Manager or his/her assigns, that do not alter the basic design or any specific conditions imposed as part of the original approval.

The City Manager, or designee, shall report approved modifications to City Council and the Planning and Zoning Commission.

(4) Amended Final Development Plan. Modifications other than Minor Modifications shall be submitted to the reviewing body that approved the original Final Development Plan as part of an application for an amended Final Development Plan. Modifications as part of an amended Final Development Plan shall be approved provided that the reviewing body finds that the modifications remain consistent with the approved Preliminary Development Plan or warrant any necessary deviation therefrom. The reviewing body for the amended Final Development Plan shall have the right and power to grant such deviations as administrative action. If approved, amendments to the Final Development Plan shall supersede the originally approved Final Development Plan.

(j) Certificate of Development Approval. An application for a certificate of development approval (a "CODA") shall be required for a Major Economic Development Project. The term "Major Economic Development Project" shall mean "a development containing at least 50,000 square feet of gross building floor area one or more of the following land uses: administrative or professional office uses; medical office uses; research and development facilities; warehousing and/or distribution facilities; data centers; industrial, manufacturing, assembly, and/or production uses, and other uses which are identified as Major Economic Development Projects in an approved Zoning Text." In no circumstance will retail or restaurant use be eligible for Major Economic Development Project designation unless they are clearly accessory to and contained within the same building as any use that qualifies as a Major Economic Development Project absent the square footage contained within the proposed retail or restaurant use. The intent behind subjecting Major Economic Development Projects to the CODA application review process (rather than the Final Development Plan review process) is to enhance the speed-to-market of "shovel-ready" sites that are attractive to employment-generating uses and developments and/or uses which otherwise will bring significant private investments to the City. Decisions on CODA applications shall be deemed to be administrative in nature.

(k) Administrative Board of Review. An Administrative Board of Review ("ABR") is hereby created to review CODA applications. The ABR shall consist of the Council representative on the Planning and Zoning Commission; and two members of Council, appointed by a majority vote of Council. The members shall elect a Chair from among themselves. In addition, the City Manager and the Planning Director shall be non-voting ex officio members of the ABR who shall have privilege of participating in ABR deliberations. The ABR shall have the duty to review and approve, approve with conditions, or disapprove of CODA applications (and permitted modifications thereof) in accordance with the requirements of the PD District and other applicable provisions of City Code. The ABR shall meet at least twice per calendar month on dates determined by the ABR, provided that meetings may be cancelled by the Chair when no CODA applications are ready for review by the ABR. Special meetings of the ABR may be called by any member of the ABR with at least twenty-four (24) hours' prior written notice being delivered by email or other written means to the other members of the ABR and otherwise in compliance with open meetings laws.

(l) CODA Application Review Process. A CODA application shall be reviewed according to the following procedures:

(1) Staff Review. After determining that an application is complete pursuant to the requirements of Section 1165.08(c), the relevant City staff shall forward the application to the appropriate city departments and, if determined necessary, professional consultants for review and comment. The application shall be reviewed for compliance with the approved Preliminary Development Plan, and the requirements of the Zoning Text and other relevant provisions of City Code. During the course of their review, City staff may meet with the applicant to review the application, and the applicant may revise the CODA application in response to staff's comments.

(2) ABR Review. After the CODA application has been deemed by City staff to be complete, it shall be forwarded to the ABR for review at its next regularly scheduled meeting that is at least fifteen (15) days and no more than thirty (30) days after the date when the CODA application was unless City staff deemed the filing to be incomplete, in which case the application shall be reviewed by the ABR at its next regularly scheduled meeting that is at least fifteen (15) days and no more than thirty (30) days after the date when all deficient CODA application materials have been filed by the applicant with City staff. City staff shall provide to the ABR any comments on the submittal as it deems to be necessary or appropriate as well as copies of the previously approved Preliminary Development Plan application, Zoning Text, and other related documents. At the ABR meeting, the ABR shall review the application to determine if it complies with the approval criteria set forth in Section 1165.07(c). The review of the CODA application is limited to a determination as to whether or not the plans and specifications for development of a site that have been submitted in conjunction with the CODA application comply with the approved Preliminary Development Plan which applies to that site.

(3) Request for Additional Information/Revisions. In its review of a CODA application, the ABR may request additional information deemed necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the ABR may table the application. A tabled application will be scheduled for additional review at the next regular meeting of the ABR unless the applicant requests additional time to address the information that has been requested, in which case the reviewing body shall schedule additional review of the application at the next regularly or specially scheduled meeting that allows the applicant adequate time to provide the new information.

(4) Review Standard. In reviewing the CODA application, the ABR shall determine if the plans and specifications that are part of the application comply with all specific requirements, purposes, intent, and basic objectives of the Preliminary Development Plan, and any commitments made or conditions agreed to with the adoption of the Preliminary Development Plan. If it determines that there is such compliance, it shall act to approve the application, and if it determines that there is no such compliance, it shall table the application and provide written comments to the applicant identifying the items that do not substantially comply with the approved Preliminary Development Plan. The applicant may then revise the CODA application to address the comments, and the ABR shall review the revised submission at its next regularly scheduled meeting that is at least seven (7) days after the revision submission has been filed by the applicant with City staff. If the ABR determines that the revised application substantially complies with the approved Preliminary Development Plan, it shall approve the same, and if it determines that the revised application does not comply, then it may disapprove the revised application.

(5) Minor Text or Plan Modifications. The ABR shall review and approve or disapprove of requests for minor text and/or plan modifications for Major Economic Development Projects, and may, in reviewing a CODA application, approve a minor text modification from one or more provisions of the approved Zoning Text or other elements of the approved Preliminary Development Plan, if it determines that all of the following provisions are satisfied:

A. The proposed modification(s) do not alter the list of permitted, conditional, or accessory uses or cause an increase in permitted density of development;

B. The proposed modification(s) result in a development of equivalent or higher quality than that which could be achieved through strict application of the requirement(s);

(m) Permits - Major Economic Development Projects. Following the approval of a CODA application, the applicant:.

(1) Shall obtain all engineering permits, a zoning certificate pursuant to Chapter 1127, and a building permit prior to commencing construction of improvements on the property that was the subject of the approved CODA application.

(4) All construction and development under any building permit shall be in accordance with the approved CODA, including any modifications as may be provided in subsection (o). Any unauthorized departure from such plan shall be cause for revocation of the zoning certificate.

(n) Appeal of CODA Application Decision. When a CODA application (or an application for an amended CODA, as provided in the immediately following subsection (o)) is finally approved or disapproved by the ABR, an applicant or aggrieved party may file an administrative appeal to City Council by filing a notice of the appeal with the City Council Clerk within fifteen (15) days after such disapproval action is taken. City Council shall then hold a hearing on the appeal at its next regularly scheduled meeting that is at least fifteen (15) days after the City Council Clerk's receipt of the appeal and shall make an administrative determination of whether or not the decision on the CODA application was illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the record. Appeal of a Council decision shall proceed as provided in state law for court review of political subdivision administrative actions.

(o) Modifications to Approved CODA. Requested modifications to approved CODAs shall be reviewed according to the following:

(1) Administrative Approval. The City Manager, or designee, in administering an approved CODA and Zoning Text, may authorize minor plan modifications to building layouts, parking arrangements, sign locations, lighting, and other site-related improvements that are required to correct any errors or address changes to the site made necessary during construction, provided the modifications remain consistent with the purpose of the approved CODA and Zoning Text. The City Manager may also authorize other Minor Modifications in accordance with the same requirements as apply to Minor Modifications of Final Development Plans. The City Manager, or designee, shall report approved modifications to City Council.

(2) Amended CODA. Modifications other than Minor Modifications shall be submitted to City Council as part of an application for an amended CODA. Modifications as part of an amended CODA shall be approved provided that City Council finds that the modifications remain consistent with the approved CODA or warrant any deviation therefrom. If approved, amendments to the CODA shall supersede the originally approved CODA.

(Ord. 10-2023. Passed 6-20-23.)

1165.07 PLAN APPROVAL CRITERIA.

(a) Preliminary Development Plan. In the review of a proposed Preliminary Development Plan, the Planning and Zoning Commission and City Council shall determine whether or not the proposed Preliminary Development Plan complies with the following criteria. In the event that either the Planning and Zoning Commission or City Council determines that the proposed zoning amendment and Preliminary Development Plan do not comply with a preponderance of these criteria, then in the case of the Planning and Zoning Commission it may recommend disapproval of the application and in the case of City Council it may disapprove the application. Should the Planning and Zoning Commission determine that the proposed Preliminary Development Plan does comply with a preponderance of these criteria, it shall recommend approval of the application. City Council then shall make the final determination as to approval, approval with conditions, or disapproval of the application in accordance with these criteria. The review criteria are as follows:

(1) The proposed development is consistent with the purpose, intent and applicable standards of this Chapter 1165.

(2) The proposed development furthers the goals and recommendations of the City's Comprehensive Plan or other planning document(s) applicable to the area that is the subject of the Preliminary Development Plan.

(3) The proposed development shall participate in the Johnstown Community Authority. This will encourage a well-planned and orderly development which embodies a diversified and economically sound new community.

(4) The proposed development advances the general welfare of the City and will not impede the normal and orderly development and improvement of the surrounding areas.

(5) The proposed uses are appropriately located in the City.

(6) Adequate utilities, access roads, stormwater management, and other similar facilities have been or will be provided. Storm water management may include use of regional storm water management facilities approved as part of another approved Final Development Plan or, on a temporary basis, in areas outside the boundaries of the proposed Final Development Plan but within the PD District and consistent with the approved Preliminary Development Plan.

(7) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets, maintain public safety, and to accommodate adequate pedestrian and bicycle circulation systems so that the proposed development provides for a safe circulation system for motorists and pedestrians.

(8) The density of uses, lot coverage, building heights, setbacks, distances between buildings and structures, yard space, design and layout of open spaces and parking areas, traffic accessibility and other elements contribute to the orderly development of land within the City;

(9) Proposed building, streetscape, and open space characters and designs shall further the City's goal of establishing memorable, attractive places and will utilize high-quality, enduring materials and arrangements.

(10) The proposed development can be adequately serviced by existing or planned public improvements and not impair the existing public service system for the area.

(11) On balance, the proposed development is expected to have a positive economic impact on the City.

(12) Internal Compatibility and Design:

A. The streetscape pattern shall provide for pedestrian and bicycle pathways, and include attractive corridors with street trees, sidewalk treatments, and appropriate lighting.

B. The overall development shall make use of existing natural features and interesting topography.

C. A variety of designs and typologies shall be included for detached residential structures, and the land use mix should be designed to be compatible and complimentary.

D. Building designs and arrangements shall provide for architectural styles that meet and further the goals of the City and create an easily identifiable Johnstown image.

E. Open spaces shall be linked and integrated in meaningful ways. Open spaces shall provide for quality recreational amenities including playgrounds, plazas, pocket parks, seating, lighting; and passive recreational amenities such as multi-use trails and nature preserves.

(13) External Compatibility and Design:

A. The proposed development shall not significantly, negatively, and materially impact any adjacent uses.

B. The proposed development shall not negatively impact any adjacent conservation lands.

C. The proposed development shall provide bikeway and trails and connect to existing trails where opportunities exist or are planned.

D. Access and street patterns of the development shall complement and be compatible with the existing street system of the surrounding development.

E. Commercial and industrial uses within the development shall be adequately buffered from any adjacent residential uses.

(b) Final Development Plan. In the review of a Final Development Plan or a permitted amendment thereof, the reviewing body shall determine whether or not the proposed development, as depicted on the Final Development Plan, complies with the following:

(1) It substantially conforms in all pertinent respects to the approved Preliminary Development Plan, provided, however, that the reviewing body may authorize deviations or variances from such plans as provided in Section 1165.06(e)(2)(C).

(2) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;

(3) The development has adequate public services;

(4) The development preserves and is sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code, the Zoning Text, and the Preliminary Development Plan;

(5) The architecture, style, arrangement, and materials of the proposed buildings, structures, streets, and open spaces meets or exceeds that provided for in the Preliminary Development Plan and Zoning Text;

(6) The development provides adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas without unnecessarily spilling or emitting light onto adjacent properties or the general vicinity;

(7) Proposed signs are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and are located to maintain safe and orderly pedestrian and vehicular circulation (see Title Seven - Zoning Standards and Special Provisions, Chapter 1177 Signs in the City's Codified Ordinances);

(8) The landscape plan will adequately enhance the principal building(s) and site; buffer adjacent incompatible uses; break up large expanses of pavement with natural material and plantings; and provide appropriate plant materials for the buildings, site, and climate; and

(9) Adequate provision is made for storm drainage within and through the site which complies with the applicable regulations in this code and any other design criteria established by the city or any other governmental entity which may have jurisdiction over such matters (see Part Eleven Title 13 Storm Water Management Program in the City's Codified Ordinances).

(c) Certificate of Development Approval. In the review of a CODA or a permitted amendment thereof, the ABR shall determine whether or not the proposed development, as depicted in the plans provided as part of the CODA application, complies with the following:

(1) The project that is the subject of the application qualifies as a Major Economic Development Project;

(2) It substantially conforms in all pertinent respects to the approved Preliminary Development Plan;

(3) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;

(4) The development has adequate public services;

(5) The development preserves and is sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code, the Zoning Text, and the Preliminary Development Plan;

(6) The architecture, style, arrangement, and materials of the proposed buildings, structures, streets, and open spaces meets or exceeds that provided for in the Preliminary Development Plan and Zoning Text;

(7) The development provides adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas without unnecessarily spilling or emitting light onto adjacent properties or the general vicinity;

(8) Proposed signs are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and are located so as to maintain safe and orderly pedestrian and vehicular circulation;

(9) The landscape plan will adequately enhance the principal building(s) and site; buffer adjacent incompatible uses; break up large expanses of pavement with natural material; and provide appropriate plant materials for the buildings, site, and climate; and

(10) Adequate provision is made for storm drainage within and through the site which complies with the applicable regulations in this code and any other design criteria established by the city or any other governmental entity which may have jurisdiction over such matters.

(Ord. 10-2023. Passed 6-20-23.)

1165.08 SUBMISSION REQUIREMENTS.

(a) Contents of Preliminary Development Plan. A Preliminary Development Plan application shall provide the following:

(1) A completed application, on a form provided by the City, which also shall serve as an application for a zoning amendment. If the application is signed by a person other than the owner of the property, a notarized consent by the owner shall be attached.

(2) A Zoning Text with the following content and organization.

A. DESCRIPTION OF THE PROPOSAL

B. LEGAL DESCRIPTION OF THE REAL PROPERTY THAT IS SUBJECT TO THE APPLICATION (and of any subareas or subdistricts that are being proposed within the PD District)

C. REFERENCE TO A PRELIMINARY DEVELOPMENT PLAN

D. LIST OR TABLE OF PROPOSED PERMITTED, CONDITIONAL, AND ACCESSORY USES

E. DENSITY/INTENSITY MINIMUMS AND MAXIMUMS (expressed as a number of units or units per acre, total square footage or square footage per acre, impervious lot coverage ratios, or some combination thereto)

F. CRITICAL DESIGN FEATURES (Such as, but not necessarily limited to, architectural styles, allowable building materials, building arrangements and relationships, landscape and buffer standards)

G. ARCHITECTURAL STANDARDS (detailed written architectural standards and general character images for buildings to establish building typologies within the PD District for structures from which Major Economic Development Projects may operate, and detailed architectural standards for any project that does not meet the definition of a Major Economic Development Project)

H. LAND USE ALLOCATION SUMMARY OR TABLE (Including designated park space if relevant)

I. AREA, HEIGHT, BULK & OPEN SPACE REQUIREMENTS (prescribe standards for all development areas and include acreages)

J. GENERAL REQUIREMENTS FOR ROADWAY DESIGN/TRAFFIC CIRCULATION (specific details for new street improvements or modifications to existing street improvements will be reviewed as part of a platting process)

K. IDENTIFICATION OF SIGNIFICANT NATURAL FEATURES (and description of how such features will be preserved or modified)

L. BUFFERING/SCREENING (specify typologies, locations, key considerations)

M. PROCEDURES (Describe procedures to be followed for implementation of the standards and requirements in the Zoning Text, which shall not be contrary to the procedures set forth in this Chapter 1165)

N. SUBAREAS (Description of the subareas proposed within the PD District and details concerning the use and development commitments and requirements that will be applicable to each, along with a general summary of the projected phasing of development within the PD District, which may provide for flexibility in recognition of the large amount of acreage required for a PD District)

O. UTILITIES (A statement that the applicant will enter into an agreement with the City concerning construction and funding of utilities which are required in order to facilitate development within the PD District, on terms that are mutually acceptable to the applicant and the City)

P. OTHER STANDARDS AND REQUIREMENTS (Standards and requirements that are relevant to the orderly development of the PD District and which are not otherwise included in any of the foregoing content requirements)

(3) A plan showing general or specific locations of uses, sizes of areas of uses, and indicating densities, unit types, the total number of dwelling units allowed in each area of the proposed PD District, and the density of non-residential uses in each area of the proposed PD District.

(4) A plan demonstrating, to the extent they are to be provided, locations for open areas and public parkland areas with the suggested ownership of such areas. In the alternative, provisions for these items may be included in the Zoning Text and their specific locations then shall be identified in one or more Final Development Plans.

(5) A general plan (in plan and/or text forms) for the provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness.

(6) A plan illustrating the traffic circulation patterns, including public and private streets, private alleys and drives, and parking areas. In the alternative, provisions for these items may be included in the Zoning Text and their specific locations shall be identified in a Final Development Plan.

(7) A metes and bounds boundary legal description of the proposed PD District and of each subarea or subdistrict of land within the district, as well as associated scalable maps depicting the same.

(8) A list of property owners within the proposed PD District and of property owners contiguous to and/or directly across a street from the proposed PD District and their addresses as appearing on the Licking County Auditor's current tax list.

(9) Illustrations and/or depictions of the planned architectural character for structures in the PD district. Actual architectural designs of buildings and structures may, but shall not be required to be, filed with the Preliminary Development Plan. The Zoning Text shall provide standards for permitted exterior facade materials and building heights, and other commitments, standards, or requirements for architectural designs of buildings and structures that are particular to the PD District.

(10) Identification of locations and dimensions of existing environmental features within the proposed PD District, such as streams, creeks, wetlands, lakes, ponds, and treed areas together with an indication of whether such features will be preserved or impacted as part of the proposed development.

(11) A traffic study or traffic impact analysis of traffic volumes and impacts generated by the proposed development shall be completed by a traffic engineer in accordance with parameters agreed upon in writing by the applicant's traffic engineer and the City Manager, or designee, and any impacts and their proposed mitigation methods shall be defined by the applicant.

(12) A utility impact analysis and utility service plan including (but not limited to) estimated demands for potable water and sanitary sewer services.

(13) A fiscal impact statement describing, methodology to arrive at assumption, timeframe of the study,

(14) A map of existing conditions and features drawn to scale, with accurate boundaries of the entire PD District and a north arrow, including the property proposed for development, all adjacent right-of-way, and 100 feet of property immediately adjacent thereto, indicating:

A. Existing public improvements, permanent facilities, easements and property boundaries;

B. General indication of existing structures on the site and abutting properties;

C. Physical features and natural conditions of the site including the location of streams, tree masses, open spaces, etc.;

D. General topography;

E. Existing zoning district boundaries and jurisdictional boundaries;

F. Surface drainage and areas subject to flooding;

G. Existing public and private utility systems; and,

H. Regional transportation system.

(15) A regional context map indicating the proposed site and all areas within 2,000 feet in all directions showing both the basics of the proposed layout contained in the application and the property lines of the adjacent areas.

(b) Contents of Final Development Plan. Following approval of the Preliminary Development Plan, a Final Development Plan application may be submitted for all or any part of the property that was the subject of an approved Preliminary Development Plan. Final Development Plans are intended to be more detailed representations of the approved Preliminary Development Plan. Contents of the Final Development Plan shall include:

(1) A completed application, on a form provided by the City.

(2) A metes and bounds boundary legal description of the portion of the PD district that is the subject of the Final Development Plan, as well as associated scalable maps depicting the same.

(3) A plan demonstrating, to the extent they are to be provided, the dimensions and locations of proposed structures, buildings, streets, parking areas, yards, open spaces and other public or private facilities. This provision shall not apply to those areas of the Final Development Plan indicated for development of detached single-family homes. However, all lots intended to be so developed shall have building setback lines indicated thereon.

(4) A detailed plan or statement of all uses proposed to be established indicated in the areas to be occupied by each use and the anticipated density and building intensity.

(5) Detailed engineering plans for the provision of all streets and utilities including provisions for off-site connections and facilities necessary to serve the areas which are the subject of the Final Development Plan.

(6) Detailed engineering site grading plans including proposed finished grades. This provision shall not apply to those areas of the Final Development Plan indicated for development of single-family homes.

(7) Proposed drainage facilities.

(8) Detailed landscaping plans. This provision shall not apply to individual lots within those areas of the Final Development Plan indicated for development of single-family homes, except that detailed landscaping shall be provided as to all residential entry features and common areas.

(9) Scalable depictions of architectural elevations demonstrating the design and character of proposed structures and buildings, specifications of exterior materials and colors, and the physical relationship of all elements thereof. For areas designated for the development of single-family homes, this is intended to demonstrate the exterior design character and general elements of home designs and is not intended to require a detailed representation by the applicant, as such details shall be required as part of a certificate of zoning compliance application and building permit application.

(10) A tabulation showing the exact area of each lot, reserve, or other parcel shown on the plan (other than streets and alleys).

(11) Detailed water and sewer engineering plans.

(12) Locations and character of all signs, unless otherwise provided in the approved Zoning Text.

(13) A list of property owners within the proposed Final Development Plan and of property owners contiguous to and/or directly across a street from the property which is included in the proposed Final Development Plan and their addresses as appearing on the Licking County Auditor's current tax list.

(14) Identification of locations and dimensions of existing environmental features within the property which is included in the proposed Final Development Plan.

(c) Contents of CODA Application. Following approval of the Preliminary Development Plan, a CODA application may be submitted for all or any part of the property that was the subject of an approved Preliminary Development Plan and which proposes the development of a Major Economic Development Project. Plans to be reviewed as part of a CODA application are intended to be more detailed representations of the approved Preliminary Development Plan. However, the CODA application review process is not intended to address final engineering for an eligible development, as those details are to be reviewed as part of other relevant and required permit applications as required by City Code. Contents of the CODA application shall include:

(1) A completed application, on a form provided by the City.

(2) A metes and bounds boundary legal description of the portion of the PD district that is the subject of the CODA application, as well as associated scalable maps depicting the same.

(4) A detailed plan or statement of all uses proposed to be established indicated in the areas to be occupied by each use and the anticipated density and building intensity.

(5) Detailed site grading plans including proposed finished grades.

(6) Detailed landscaping plans showing locations, sizes, and species of new plant materials to be installed, areas where existing vegetation is to remain, and illustrating locations of hardscape materials and fencing.

(7) Scalable depictions of architectural elevations demonstrating the design and character of proposed structures and buildings, specifications of exterior materials and colors, and the physical relationship of all elements thereof.

(8) A tabulation showing the exact area of each lot, reserve, or other parcel shown on the plan (other than streets and alleys).

(9) Locations, sizes, and character of all signs.

(Ord. 10-2023. Passed 6-20-23.)

1165.09 SPECIAL PD REQUIREMENTS FOR PARKLAND AND PRIVATELY OWNED OPEN SPACE.

(a) Applicability. Except as set forth in Section 1165.09(c), for each residential unit that is to be constructed within a PD, the applicant or property owner shall be required to dedicate to the City, or it's designee, at no charge, 1,500 square feet of land area to be used and/or preserved as publicly owned parkland. A Preliminary Development Plan and/or Zoning Text shall make commitments to providing certain sizes and locations of parkland, but in all circumstances the actual locations and sizes of parkland shall be provided in Final Development Plan applications or CODA applications for review and approval. Notwithstanding the foregoing, parkland need not be located on the property but must be inside the city's municipal comprehensive planning area and which is the subject of a Final Development Plan application or a CODA application.

In order to ensure that reasonable amounts of common areas and green space are provided for within the PD District, common areas and green space areas shall be established and evaluated separately from the parkland requirement.

The Zoning Text, Preliminary Development Plan, and/or Final Development Plan shall provide details as to any proposed improvements within the privately owned open spaces, green spaces and common areas, whether such spaces shall be open to public use or are to be privately used, and the manner in which the proposed improvements shall be maintained

(b) Sizes and Specifications. No single dedication of parkland to the City shall be less than one acre in size. Wet and dry stormwater basins (existing or proposed by the applicant) shall not be considered to be parkland. Property that is dedicated to the City as parkland shall have frontage on an existing or platted public street, or shall be accessible from an existing or planned public street and sidewalk by vehicles and pedestrians by and through a permanent easement through other property or adjacent parkland. Parkland shall meet one or more of the following criteria:

(1) It shall contain significant tree stands, forested areas, watercourses, or other natural features which may be preserved by coming under public ownership;

(2) It shall provide adequate areas for the development and operation of active or passive recreational activities such as, but not limited to, playgrounds, leisure or other pedestrian trails, hiking, ballfields, and fishing; and/or

(3) It shall contain historical, archeological, or special geographical features which may be preserved by coming under public ownership.

(c) Fees In-Lieu of Parkland Dedication. Parkland dedications may be waived when City Council has adopted a resolution, for a particular applicant, to accept payment-in-lieu fees instead of accepting land dedication. Upon the request of an applicant, City Council may accept the payment-in-lieu fees if it determines that one of the following criteria have been met:

(1) The features of available parkland within the PD District are less desirable than other possible parkland acquisitions elsewhere within or near the City;

(2) The use of payment-in-lieu fees will serve a broader public purpose than dedication of parkland within the PD District by being available to acquire parkland in other locations should such opportunities arise;

Payment-in-lieu fees shall be placed into a designated City fund for future parkland acquisitions to benefit current and future residents. These fees shall be calculated by taking the product of (i) forty-five thousand dollars ($45,000.00) and (ii) the number of acres of parkland dedication that is to be offset by the payment. The dollar value in the immediately preceding subsection (i) automatically shall increase by seven percent (7.0%) over the then-effective value on the third (3rd) anniversary of the effective date of the original adoption of this Chapter 1165 and on each third (3rd) anniversary thereafter.

(d) Timing of Dedication(s). No zoning certificate shall be issued by the City for a residential unit until such time as the applicant has met the parkland dedication requirements or made payments-in-lieu of parkland dedication as required under this Section 1165.09.

(e) Operations and Maintenance.

(1) All parkland shall be preserved for its intended purpose as expressed in a Preliminary Development Plan, Final Development Plan, or in plans approved as part of a CODA application. No conservation area shall be cleared, graded, filled, or subject to construction.

(2) Dedication of parkland to the City is subject to formal acceptance by City Council. City Council may, but shall not be required to, accept undivided parkland provided:

A. Such land is accessible to all residents of the City; and

B. There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance; and

C. The City agrees to and has access to maintain such lands. Where the City accepts dedication of parkland that contains improvements, the City may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed eighteen (18) months from the date of acceptance of dedication. The amount of financial security shall not exceed fifteen (15) percent of the actual cost of installation of said improvements.

(3) The developer or owner of land within a PD District shall cause privately owned open space, green space, and common areas to be maintained by:

A. Establishing an association or nonprofit corporation of all individuals or corporations owning property within a designated area to ensure ongoing maintenance; and/or

B. Retaining ownership, control and maintenance .

(4) Land designated as parkland will be restricted by an appropriate legal instrument satisfactory to the City Attorney as parkland perpetually, or for a period of not less than ninety-nine (99) years. Such instrument shall be binding upon and enforceable by the City and the developer, and their respective successors and assigns, and shall constitute a covenant running with the land. Such instrument shall be in recordable form.

(5) All recreational facilities and amenities within privately owned open spaces, green spaces, and common areas shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures, or the development order will be in default.

(f) Ownership Standards. Should the developer elect to maintain privately owned open space, green space, and/or common areas through an association or nonprofit corporation, said organization shall conform to the following requirements:

(1) The developer must establish the association or nonprofit corporation prior to the sale of any lots or parcels that are governed thereby.

(2) The developer shall provide a description of the association, including the bylaws and methods for maintaining the privately owned open space, green space, and/or common areas, prior to the issuance of a building permit for the first development that is to be subject to the association or nonprofit corporation.

(3) Membership in the association or nonprofit corporation shall be mandatory for all property owners within the relevant development.

(4) The association or nonprofit corporation shall manage all recreational and cultural facilities and amenities that are not dedicated to the public, shall provide for the maintenance, administration and operation of said land, and shall secure adequate liability insurance on the land.

(5) The association or nonprofit corporation shall be responsible for maintenance of liability insurance and the payment of real property taxes relating to open space, green space, and common areas ,.

(6) The members of the association shall share equitably the costs of maintaining the open space, green space, and common areas.

(g) Maintenance Standards.

(1) In the event that the association, nonprofit corporation or any successor organization shall, at any time after establishment of a development containing privately owned open space, green space, and/or common areas, fail to maintain the same in reasonable order and condition in accordance with the development plan, the City may serve written notice of the failure upon the owner of record, setting forth the manner in which the owner of record.

(2) Failure to adequately maintain open space, green space, and/or common areas in reasonable condition constitutes a violation of this chapter.

(Ord. 10-2023. Passed 6-20-23.)

1167.01 PURPOSE.

The purpose of the Village Center (VC) District is to promote and foster the economic and physical revitalization of Johnstown’s historic 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 Town Center 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.

(d) The upper stories of older structures should be promoted for productive uses that contribute to the business vitality of the area.

(e) The downtown should be particularly receptive to small local-based entrepreneurship and start-up businesses.

(f) Housing - and particularly owner-occupied housing - should be an integral component of the physical fabric of areas within and adjacent to Village Center.

(Ord. 27-2016. Passed 8-2-16.)

1167.02 PERMITTED USES.

(a) Administrative, business or professional offices of not more than 10,000 square feet of gross floor area, including:

(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.

(5) Professional, legal, engineering and architectural services, not including the outside storage of equipment.

(6) Accounting, auditing and other bookkeeping services.

(7) Professional, fraternal and membership associations.

(b) Retail stores of not more than 10,000 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.

(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 personal property. All structures shall have a gross floor area of not more than 10,000 square feet. Examples include:

(1) Restaurants, not including restaurants with drive-through facilities and/or outside dining areas.

(2) Banks, savings and loans, and similar financial institutions.

(3) Barber and beauty shops.

(4) Funeral services.

(5) Human medical and/or dental clinics.

(d) Facilities for the administration and meetings of fraternal, veterans and similar member organizations.

(e) Nursery schools and day care facilities.

(f) Community facilities such as government offices, post office, libraries, museums, private schools, public parks and similar uses.

(g) Churches and places of public assembly, provided the main assembly area contains not more than 300 seats.

(h) Off-street parking areas accessory to a permitted or conditional use.

(i) Fitness centers/Health clubs.

(j) Cafe seating secondary to primary business; excluding outdoor alcohol consumption.

(Ord. 27-2016. Passed 8-2-16.)

1167.03 CONDITIONAL USE.

(a) One-family detached dwelling.

(Ord. 18-2023. Passed 10-3-23.)

1167.04 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 any UR, AR, or SR District, in which case the setback shall be twenty (20) feet.

(d) Maximum Building Size. Individual uses within the VC District shall have a ground floor area of not more than 10,000 square feet, unless the use is located in a building existing as of the effective date of this Ordinance, in which case such restriction shall not apply.

(e) Manufactured/Modular Buildings. The use of manufactured and/or modular buildings for business purposes shall be prohibited.

(f) Property Maintenance. No owner of a property or structure in the VC District shall 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, loose walls, roofing materials and dead or dying trees or vegetation. (Ord. 27-2016. Passed 8-2-16.)

1169.01 PURPOSE

The intent of the Village Commercial District is to improve economic viability and to provide a greater mix of uses with an emphasis on historic preservation and traditional development patterns. Utilization of the district is intended to foster pedestrian-oriented development that will enhance Downtown Johnstown as a community focal point. It is intended to discourage auto-oriented uses, uses with fleet parking, commercial storage and other uses that would detract from the visual quality and scale of the district. Its goal is to foster appropriate development standards to preserve historic character by promoting the re-use of existing buildings when compatible with the district and the addition of suitable infill development. (Ord. 01-2013. Passed 2-5-13.)

1169.02 PERMITTED USES.

The following uses shall be petmitted in the Village Commercial District.

(a) Retail. Retail stores engaged in selling merchandise or rendering services incidental to the sale of the goods, including the buying and processing of goods for resale or repair.

(1) Food and catering activities

(2) Apparel

(3) Home furnishings

(4) Arts, crafts and antiques

(5) Sporting Goods

(b) Eating and Drinking Establishments. Eating and drinking establishments that are commercial establishments engaged in furnishing meals on a fee basis.

(1) Ice cream parlors

(2) Coffee shops

(3) Bagel shops

(4) Delicatessens and sandwich shops

(d) Medical and Dental Offices.

(e) Personal and Consumer Services.

(1) Barbers

(2) Beauty salons and shops

(3) Tanning salons

(4) Pedestrian-only ATMs

(5) Tailors and pressing shops

(6) Print shops and copy centers

(7) Photography and framing shops

(f) Institutional.

(1) Government offices

(2) Libraries and museums

(3) Community theaters

(g) Religious. Churches, temples or other places of worship.

(h) Child Care. Kindergarten, childcare, or daycare in accordance with all applicable state provisions.

(i) Parks and Public Plazas. Parks, public plazas, playgrounds, play fields or other related park uses.

(j) Bed and Breakfast Establishments. Bed and breakfast establishments with a resident manager/owner providing eight or fewer guest units.

(k) Dwellings. One-family through four-family dwelling units, excluding residences in detached accessory structures (i.e. carriage house units) and/or residences in conjunction with structures containing other permitted Village Commercial District uses provided the dwellings are not located on the first floor.

(l) Outdoor Patios. Outdoor seating areas in conjunction with other permitted Village Commercial District uses.

(m) Dance, Aerobic, Exercise, Gymnastics, and Related Studios.

(Ord. 30-2019. Passed 8-15-19.)

1169.03 CONDITIONAL USES.

The following uses shall be conditional uses within the Village Commercial District:

(a) Recreation centers.

(b) Parking lots. Stand-alone parking lots not in conjunction with other permitted and/or conditional Village Commercial District uses.

(d) Nursing Home

(Ord. 18-2023. Passed 10-3-23.)

1169.04 DEVELOPMENT STANDARDS.

The following standards for arrangement and development of land and buildings are required before occupying any building.

(a) Lot Area. There shall be no minimum lot area; however, lot size shall be adequate to meet all applicable development standards. No land may be subdivided or combined into lots greater than 21,780 square feet (0.5-acre).

(b) Lot Width. Lots shall be a minimum of 60 feet in width with a minimum frontage of 60 feet along a public street.

(d) Side Yard. All lots shall have a minimum side yard of 0 feet with a total of side yards of five feet. Minimum side yards for parking with direct access onto an alley shall be 0 feet.

(e) Rear Yard. All lots shall have a minimum rear yard of 5 feet and maximum of 12 feet. Minimum rear yards for parking with direct access onto an alley shall be 0 feet. A structure to be serviced from the rear shall have a service court, alleyway or combination thereof not less than forty feet wide. A rear yard shall not be required on structures whose rear wall is fireproof and contains no windows, doors or other openings, except that a rear yard of 40 feet is always required should such Village Commercial District lots rear abut any residential lot.

(f) Height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and approved by the Planning and Zoning Commission.

(g) Lot Coverage. Combined square footage of all primary and accessory structures and impervious surfaces shall not exceed 80% of the lot area, unless otherwise approved by the Planning and Zoning Commission.

(h) Parking. A traffic and parking system plan shall be required that details points of ingress and egress into the property, parking areas with the number of parking spaces, access drives and pedestrian walkways, shown. The plan shall be so designed as to minimize conflict points between pedestrians and vehicular movements.

(i) Outdoor trash systems shall be sufficient to prevent any overflow and screening shall be provided to enclose such containers and hide them from view. Trash systems must be located at the rear of the building to prevent a negative impact on pedestrian travel

(j) Storm drainage and runoff collection shall be sufficient to prevent any standing water.

(k) Outdoor storage and display of merchandise on public sidewalks shall be prohibited.

(l) Sidewalks must be installed where missing.

(m) Utilities. During the rehabilitation of a building, all reasonable efforts should be made to relocate existing permanent utility lines to the rear of the building out of view from the street or underground.

(Ord. 01-2013. Passed 2-5-13.)

1170.01 PURPOSE.

"Special use" as used throughout this chapter, means facilities classified as main and accessory uses as listed in Section 1170.02. The SU District and regulations are established to regulate the location and standards for such uses and structures so as to ensure their proper functioning in consideration of traffic, access, and general compatibility adjacent areas.

(Ord. 14-2022. Passed 7-5-22.)

1170.02 PERMITTED USES.

Buildings and land within the SU District shall be utilized only for one (1) of the uses set forth in the following schedule:

MAIN BUILDINGS/USES	ACCESSORY BUILDINGS/USES
Institutional and/or Educational: Government and public buildings, police/fire/EMS stations and buildings, public parks, museums, preschools, primary and secondary public, private or parochial schools.	Parking areas, playgrounds, signs
Public Owned Cemeteries:	Signs, maintenance facilities

(Ord. 14-2022. Passed 7-5-22.)

1170.03 DEVELOPMENT STANDARDS.

The area or parcel of land for a special use shall not be less than that required to adequately provide for the main building, accessory buildings and uses, off-street parking, setbacks, yards and open spaces to accommodate the facility and maintain the character of the neighborhood. Development plans must reference Chapter 1183 Landscaping and provide a minimum of twenty-five percent (25%) open space. The suitability of the area or parcel of land for a specified conditional special use shall be approved by the Planning and Zoning Commission through review of the Development Plan, pursuant to Section 1170.05 below.

(Ord. 14-2022. Passed 7-5-22.)

1170.04 YARD REGULATIONS.

(a) Front Yards. The front yard setback shall be not less than the largest required front yard setback for any adjacent zoning district.

(b) Side and Rear Yards. The yards for each building or structure in the SU District shall be specified in the required Development Plan. If the proposed special use is located adjacent to a non-residential zoning district, then the side and rear yards shall be not less than the largest yard required in that district. If side or rear yards are adjacent to a district where single-family residential uses are a permitted use, the side and rear yards shall be not less than seventy-five (75) feet.

(Ord. 14-2022. Passed 7-5-22.)

1170.05 APPROVAL BY PLANNING AND ZONING COMMISSION.

A Development Plan shall be submitted for land proposed to be zoned into the SU District. Such Development Plan shall include all the information and material required pursuant to Chapter 1127 of this Planning and Zoning Code. In making its recommendation to the City Council on the proposed placement of land into the SU District, the Planning and Zoning Commission may propose modification to the Development Plan as submitted.

(Ord. 14-2022. Passed 7-5-22.)

1170.06 CONFORMITY WITH DEVELOPMENT PLAN.

The construction of all buildings and development of the site within the SU District shall be in conformity and compliance with the Development Plan as approved by the Planning and Zoning Commission and City Council. Any subsequent environmental change or change in use on the property shall require an amendment to the Development Plan and approval by the Planning and Zoning Commission.

(Ord. 14-2022. Passed 7-5-22.)

Johnstown City Zoning Code

TITLE FIVE

Zoning Districts

1141.01 ESTABLISHMENT OF DISTRICTS.

1141.02 ZONING DISTRICT PURPOSES.

(d) Planned Unit Development Districts. Planned unit development districts are intended to promote the development of large areas of land under a uniform scheme or pattern.

(e) Special Districts. The special districts are intended to provide for the orderly efficient development of areas with unique or unusual characteristics.

(f) Agricultural District. Agricultural Districts are intended to encourage the continued use of farmland for agricultural production.

(Ord. 20-2022. Passed 10-18-22.)

1141.03 DESIGNATION OF ZONING DISTRICTS.

(a) The name and symbol for the Standard Zoning Districts as shown on the Zoning District Map are as follows:

Name	Symbol
Residential Districts
Suburban Residential	SR-1
Suburban Residential	SR-2
Urban Residential Low Density	UR-1
Urban Residential Moderate Density	UR-2
Multiple-Family Residential	AR-1
Commercial Districts
General Community Commercial
District 1	GCC-1
District 2	GCC-2
Light Manufacturing	LM

Special Districts
Flood Plain	FP
Open Space	OS
Agricultural	AG