Kent City Zoning Code
TITLE ONE
Zoning Code
1101.01 TITLE.
1101.02 INTERPRETATION.
In their interpretation and application, the provisions of this Code, as most recently amended, are the minimum requirements for the promotion of public health, safety, morals, and general welfare. (Ord. 2021-057. Passed 6-16-21.)
1101.03 CONFLICT OF LAW AND INCONSISTENCES.
Whenever the regulations or restrictions of this Code are more restrictive or impose other higher development or use standards than are required in any other resolution or regulation, private deed restrictions, or private covenants, the regulations of this Code govern. If any of the requirements or regulatory provisions of this Code are in conflict or are inconsistent with each another, the more restrictive or greater requirement applies.
(Ord. 2021-057. Passed 6-16-21.)
1101.04 SEVERABILITY.
If any of the chapters, sections, paragraphs, sentences, clauses, or phrases of this Code are declared unconstitutional or invalid, at the valid judgment or decision of a court of competent jurisdiction, such unconstitutionality or invalidity will not affect the validity of this Code in its entirety or any of the remaining chapters, sections, paragraphs, sentences, clauses, and phrases. Such invalidity will not affect the remaining provisions, and the remaining provisions will continue in full force and effect. (Ord. 2021-057. Passed 6-16-21.)
1101.05 COMPLIANCE WITH ALL APPLICABLE REGULATIONS.
Subject to Chapter 1111
of this Code, all uses, buildings, and structures must comply with all applicable codes, standards, and requirements adopted by City Council and as administered by the various City departments.
(Ord. 2021-057. Passed 6-16-21.)
1101.06 EFFECTIVE DATE.
This Code takes effect on June 16, 2021.
(Ord. 2021-057. Passed 6-16-21.)
1101.07 REPEAL OF PRIOR ORDINANCES.
On the effective date of this Code, the prior Zoning Code (i.e., Chapters 1101
through 1175 of this Part Eleven - Planning and Zoning Code) are repealed.
(Ord. 2021-057. Passed 6-16-21.)
1102.01 INTERPRETATION.
In their interpretation and application, the provisions of this Code, as most recently amended, are the minimum requirements for the promotion of the public health, safety, sustainability, convenience, comfort, prosperity, morals, or general welfare. Unless otherwise specifically provided, or unless clearly required by the context, for the purpose of this Code, certain terms or words are herein defined, and the words and terms used herein are interpreted as follows:
(a) Person. The word "person" includes a firm, association, organization, partnership, trust, company, corporation, or other legal entity, as well as an individual.
(b) Text. If there are differences between the meaning or implication of the text of this Code and any drawing, table, figure or title or section heading, then the text of this Code applies.
(c) Delegation of Authority. If a provision in this Code requires the department head or other City officer to perform an act or duty, then that provision also includes designatee unless specified otherwise.
(d) Mandatory and Permissive Terms. The words "will," and "must" are mandatory requirements; the word "may" is a permissive requirement; and the word "should" is a preferred requirement.
(e) Words Used. Any word or term not defined herein must be given a meaning defined as the most common usage of the language found in Webster's Dictionary.
(f) Singular/Plural Form. If words are used in singular form, then the plural form applies and vice versa, unless in context it clearly indicates the contrary.
(g) Gender. As used in this Code, words importing any gender include all other genders as well. (Ord. 2021-057. Passed 6-16-21.)
1102.02 COMPUTATION OF TIME.
Unless otherwise specifically provided, the timeframe within which an act is to be done must be computed in total calendar days including Saturdays, Sundays, and all legal holidays. If a timeframe ends on a Saturday, Sunday, or legal holiday, the timeframe is extended to the end of the next business day.
(Ord. 2021-057. Passed 6-16-21.)
1102.03 DEFINITIONS.
(a) Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section must have the meaning indicated when used in this Code.
(1) Abut: To physically touch or border upon; or to share a common property line or a public right-of-way line or other boundary.
(2) Subordinate Building and Subordinate Structure: A secondary building or structure detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use. A subordinate building or structure includes, but are not limited to, garages, carports, decks, sheds, and various commercial and/ or industrial uninhabitable buildings or structures.
(3) Accessory Use: A use on the same lot with and of a nature customarily incidental and subordinate to the principal use.
(4) Addiction Services Residential Care Facility: A home or facility that is licensed or certified by a government agency and provides residential treatment and/or intervention services for more than twenty-four (24) hours to three or more unrelated persons with an alcohol and/or drug addiction.
(5) Adjoin: Touching or bordering on a point or line. For purposes of "adjoining properties" the properties at issue must physically touch. Properties separated by a highway, road, street, or alley do not physically touch and are not adjoining. Properties separated by a natural feature (i.e., river, body of water, or tree-line) do touch and are adjoining.
(5.5) Adult Use Cannabis (Recreational) Facilities: A level I adult use cultivator, a level II adult use cultivator, a level III adult use cultivator, an adult use processor, an adult use dispensary, or adult use testing laboratory, as defined in Section 3780.01(A) of the Ohio Revised Code (ORC), engaged in the processing, testing, dispensing, or sale of marijuana, as the term marijuana is defined in Section 3719.01 of the Ohio Revised Code.
(6) Agriculture: The use of land for farming; ranching; aquaculture; algaculture (meaning the farming of algae); apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the Agriculture Director by rule adopted in accordance with Chapter 119 of the Ohio Revised Code, as amended.
(7) Aisle: The traveled way by which vehicles enter and depart parking spaces within a lot.
(8) Alley: See definition of "Thoroughfare, Street, or Road."
(9) Alter or Alteration, Architectural: Any change to the external architectural features of a building or structure.
(10) Alteration, Structural: See definition of "Structural Alteration."
(11) Annexation: The incorporation of a land area into an existing community with a resulting change in the boundaries of that community.
(12) Apartment: See definition of "Dwelling Unit."
(13) Architectural Review Board: As provided for in the Kent Codified Ordinances (KCO), five (5) volunteers appointed by the Kent City Council empowered as set forth in Section 1111.04
of this Code.
(14) Assisted Living Facility: A residential or institutional complex containing dwelling units for assisted living with each dwelling or room occupied by no more than two (2) residents who do not require skilled nursing care. Assisted living facilities may offer meals, housekeeping, social programming and other personalized care and may have common dining, gathering, and recreational areas. Assisted living facilities may offer other specialized services as an accessory use, including but not limited to, memory care or independent living.
(15) Automotive, Mobile Home, Trailer and/or Farm Implement Sales: The sale, display, or rental of two (2) or more new and/or used motor vehicles, mobile homes, trailers, or farm implements, but not including repair work except as necessary for vehicles to be displayed and sold on the premises, or warranty work.
(16) Automotive Repair Shop:
A. Automotive Repair, Major. A business that performs engine and transmission rebuilding and general repairs, rebuilding, or reconditioning; collision service; steam cleaning; undercoating and rust proofing; painting; welding; or similar services that normally require significant disassembly and possible storage of vehicles. See also definition of "Automotive Wrecking/Automotive Wrecking Yards."
B, Automotive Repair, Minor. A business that performs engine tune-ups; servicing of brakes, air conditioning, exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repair activities that do not require any significant disassembly or any storing of vehicles on the premises overnight.
(17) Automotive Used Car Lot: See definition of "Automotive, Mobile Home, Trailer and/or Farm Implement Sales."
(18) Automotive Washing Facility (Car Wash): A building or portion thereof containing the facilities for washing automobiles (1) manually by employees; (2) using production line methods or a self-propelled wash rack; or (3) manually where the customer provides the labor and where no self-propelled wash racks are provided.
(19) Automotive Wrecking/Automotive Wrecking Yards: The dismantling or wrecking of used motor vehicles, mobile homes, trailers, or the long term (fourteen (14) days or longer), storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked or disabled vehicles or their parts.
(20) Bar, Tavern, Night Club or Saloon: An area primarily devoted to the sale and serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
(21) Basement: A portion of a building which is all or partly underground but having at least one-half (i.e., fifty percent (50%) or more) of its height below the average level of the adjoining ground. See Figure 1.
Figure 1. Basement
(22) Bed & Breakfast: A private residence that offers rental sleeping accommodations to registered guests. The owner resides in the establishment while managing the renting of the rooms to registered guests.
(23) Berm: An earthen mound or embankment, which meets the requirements of Section 1108.05
(e), used to shield or buffer properties from adjoining uses, highways, noise, or to control the direction of surface water flow.
(24) Bicycle Way or Bicycle Lane: A dedicated public right-of-way or easement often paved or improved, and designed for bicycle and pedestrian uses only.
(25) Board of Zoning Appeals: As provided for in the City Charter, five (5) volunteers appointed by the Kent City Council empowered by the Kent City Ordinances, as set forth in Section 1111.03
of this Code.
(26) Boarding House: See definition of "House, Boarding."
(27) Bond, Surety: See definition of "Performance Bond."
(28) Buildable Lot Area: The area of a lot, exclusive of required yard setback areas and required open space, within which structures may be built. See Figure 2
Figure 2. Buildable Lot Area
(29) Building: A roofed and walled structure with a permanent foundation. Any structure designed or for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.
(30) Building, Accessory: See definition of "Accessory Structure."
(31) Building, Principal: The building in which the main or principal use of the lot is conducted.
(32) Building Height: The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. See Figure 3.
Figure 3. Building Height
(33) Building Materials, Sales Yard, and Lumber Yard: Storage and retail sales of sand, gravel, stone, lumber, equipment and other building materials and supplies.
(34) Business, Non-retail: Commercial establishments that provide medical care services, personal care services, or specialized professional services on an appointment or walk-in basis, including, but not limited to:
• Physicians, dentists, orthodontists, optometrists, physical therapists, chiropractors, or any similar medical personnel who provide treatment and examination of patients solely on an outpatient basis, provided that no patients are kept on the premises overnight;
• Beauty salons, barber shops, tattoo parlors, indoor movie theaters, dry cleaning services, mailing/shipping, copying, printing, small appliance or furniture repair, or similar activities, but excluding sexually-oriented businesses;
• Professionals offering services in an area of specialty, including but not limited to, accounting services, legal services, banking/financial services, real estate, insurance, engineering, or architectural services.
(35) (EDITOR’S NOTE: Former subsection 1102.03(a)(35) was deleted by Ordinance 2022-099, passed September 21, 2022.)
(36) (EDITOR’S NOTE: Former subsection 1102.03(a)(36) was deleted by Ordinance 2022-099, passed September 21, 2022.)
(37) (EDITOR’S NOTE: Former subsection 1102.03(a)(37) was deleted by Ordinance 2022-099, passed September 21, 2022.)
(38) Business, Retail: Commercial establishments that sell commodities or goods in smaller quantities to the public for personal, household, or business consumption including, but not limited to:
• Pharmacies, convenience stores;
• Grocery stores, bakeries, butchers;
• Sporting goods, jewelers; florists;
• Clothing, apparel, shoe stores;
• Paint, hardware, home improvement stores.
(39) Caregiver: An unrelated person who provides medical or personal care to an elderly person, a person with a recognized disability, or a juvenile, without which the recipient of said care would not be able to live independently.
(40) Carport: A covered automobile parking space not completely enclosed by walls or doors.
(41) Cemetery: Land used or intended to be used for the burial of deceased animals or humans, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(42) Certificate of Appropriateness: A document issued by the Community Development Department acknowledging that a proposed project, new signage, building modification, within the Architectural Design Review Overlay District has been approved by the Architectural Review Board.
(43) Change in Use or Change of Use: Any use which substantially differs from the previous use of a building or land. A change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. Specifically, a Change in Use/Change of Use is determined in Section 1111.01
(c)(1)B.
(44) Church: See definition "Institution, Religious"
(45) (EDITOR’S NOTE: Former subsection 1102.03(a)(45) was deleted by Ordinance 2022-099, passed September 21, 2022.)
(46) Commission: See definition of "Planning Commission."
(47) Community Addiction Service Provider: An agency, association, corporation, individual, or program that provides addiction services as specified in Section 5119.36 of the Ohio Revised Code (ORC), et seq., as amended.
(48) Community Development Director: The Director of the Community Development Department or his/her designee as empowered by this Code and other applicable comprehensive plans.
(49) Comprehensive Plan: The plan adopted by the legislative authority of the City, showing the general location and extent of present and proposed physical, economic, social, political, aesthetic, and related factors of the community involved, facilities including housing, industrial and commercial uses, major streets, parks, schools and other community factors. This plan establish the goals, objectives, and policies of the community for land use.
(50) Conditionally Permitted Use: A use permitted within a district other than a permitted use or specially permitted use, requiring a Conditional Zoning Certificate and approval of the Planning Commission.
(51) Conditional Zoning Certificate: A certificate issued by the Community Development Department upon approval by the Planning Commission to allow a Conditionally Permitted Use in accordance with the requirements of Section 1111.01
(c)(3)C. of this Code.
(52) Condominium: See Ohio Revised Code (ORC) 5311, et seq., as amended.
(53) Corner Lots: Lots that abut two (2) or more streets.
(54) Council: The Kent City Council.
(55) Cul-de-Sac: See definition of "Thoroughfare, Street, or Road."
(56) Curb: A concrete or stone edging along the street, driveway, or parking pavement, which is integrated with the pavement and the gutter; this term includes curbs with gutters.
(57) Dead-End Street: See definition of "Thoroughfare, Street, or Road."
(58) Demolition: The complete razing or removal of any structure or portion of a structure.
(59) Density, Gross: Unless otherwise stated in this Code, gross density is the number of dwelling units per acre of the total land to be developed. For some uses in this Code, gross density is explicitly determined by the number of bedrooms or residents per acre of the total land to be developed.
(60) Density, Net: Unless otherwise stated in this Code, net density is the number of dwelling units per acre of land to be developed when the land involved excludes common open areas, recreational facilities, and parks. For some uses in this Code, net density is explicitly determined by the number of bedrooms or residents per acre of the total land to be developed.
(61) Design Guidelines: Guidelines, standards and criteria governing the design of buildings, site layouts and/or the preservation of historic structures which have been adopted by the City of Kent. See Appendix A of Title One.
(62) Development Engineer: A licensed professional engineer designated by the Community Development Director to be responsible for performance of all engineering and inspection services as may be assigned by the Community Development Director.
(63) Development Site: Land composed of one or more parcels in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards (e.g., front yards, side yards, and rear yards) and other open spaces as required by the zoning regulations.
(64) Developmental Disability: See Chapter 5123 of the Ohio Revised Code (ORC), et seq., as amended.
(65) District, Zoning: A section or sections of the incorporated territory of the City for which the regulations governing the use of buildings, premises, and land, or the height and area of buildings are uniform.
(66) Driveway: The improved area used as a means of ingress and egress, from the public or private road right-of-way to the terminus of the improved area.
(67) Driveway Approach: The portion of a concrete, asphalt, or brick driveway surface connecting the sidewalk or public right-of-way line to a street pavement. Also referred to as a "Drive Apron".
(68) Duplex: See definition of "Dwelling, Two-Family."
(69) Dwelling: Any building or portion thereof, which is designed or used primarily for residential purposes, including single family, a household unit, or three (3) or more unrelated individuals, but not including hotels, motels, and bed and breakfasts.
(70) Dwelling, Apartment Complex: A residential development under one (1) controlling entity on one (1) parcel, containing three (3) or more dwelling units that have been approved by the Planning Commission and/or the Community Development Department to house in each dwelling unit no more than four (4) unrelated persons or a group of individuals that would otherwise qualify as a household unit.
(71) Dwelling, Dormitory: A dwelling unit that does not meet the definition of a rooming house or boarding house, but does provide residential accommodations for three (3) or more unrelated individuals with shared living, restroom, bathing, and/or cooking facilities, and is affiliated with a college or university.
(72) Dwelling, Multifamily: A building or buildings consisting of three (3) or more dwelling units, including condominiums, with each dwelling unit containing no more than two (2) unrelated individuals or a single household unit, as defined in this Chapter.
(73) Dwelling, Single Family: A building consisting of a single dwelling unit.
(74) Dwelling, Two-Family: A building consisting of two (2) dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances, and limited to no more than two (2) unrelated residents per unit.
(75) Dwelling Unit: Any room or group of rooms located within a dwelling and forming a residential household unit with facilities that are used or intended to be used for living, sleeping, cooking and eating, with a restroom(s) and bathing facility(ies) to be utilized by a family, a household unit, as defined in this Chapter, or three (3) or more unrelated individuals.
(76) Essential Services: The erection, construction, alteration, or maintenance, by public utilities or governmental agencies, of underground gas, electric, steam or water transmission or distribution systems, collection, communication (excluding private telecommunication facilities), supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or governmental agencies for the public health or safety or general welfare, but not including buildings.
(77) Existing Use: The current use of a lot or structure.
(78) Extractive Uses: Any mining, processing, storing, separating, cleaning, or marketing of any mineral natural resource, excluding gas and oil, but including sand, clay, stone, gravel, and coal.
(79) Family: Individuals who are related by marriage, legally recognized civil union, adoption, or who are within three (3) degrees (or fewer) of consanguinity. See Figure 4. Table of Consanguinity.
Figure 4. Table of Consanguinity
(80) Family Day Care Home, Type A: See Section 5104 of the Ohio Revised Code (ORC), et seq., as amended.
(81) Family Day Care Home, Type B: See Section 5104 of the Ohio Revised Code (ORC) et seq., as amended.
(82) Floor Area of a Residential Building: The sum of the gross horizontal area of all floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches, roofed terraces, and roofed decks.
(83) Floor Area, Usable: Measurement of usable floor area is the sum of the horizontal areas of all floors of the building, measured from the interior faces of the exterior walls. See Figure 5. Usable Floor Area.
(84) Food Processing: The preparation, storage, or processing of food products. Examples of these include bakeries, dairies, canneries, and other similar businesses.
(85) Fraternal Societies: Must comply with Internal Revenue Service (IRS) requirements for designation as a fraternal beneficiary society, order, or association, as amended.
(86) Fraternity: An organization officially associated with and recognized and supervised by an institution for higher education whose membership is limited exclusively to students of said institution.
(87) Frontage: See definition of "Lot Frontage."
(88) Front Property Line: A property line which abuts a public right-of-way line.
(89) Funeral Home: A place used to prepare for the burial or disposition of deceased human bodies and where funerals or similar services are conducted. Cremations may be conducted in funeral homes in instances where the installation and operation of the equipment meets all local, state, and federal laws.
(90) Garages, Private: A detached accessory building or portion of a principal building for parking and/or storage of personal property of the occupants of the premises.
(91) Garage, Public Parking: A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no vehicle service is provided for remuneration.
(92) Gasoline Station: Buildings and premises where gasoline may be dispensed at retail directly to users of motor vehicles, together with the retail sale of minor accessories.
(93) Grade, Finished: The final elevation of ground surface after man-made alterations to a site in conformance with the approved plans or designs relating thereto.
(94) Grade, Natural: The elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(95) Guest: A person, who does not meet the definition of a resident, temporarily staying in a dwelling unit with the consent of a member of household, who has express or implied authority to so consent.
(96) Hearing, Administrative: Administrative hearings are conducted by the Planning Commission, Board of Zoning Appeals, Council, Architectural Review Board, and identified City department(s) to determine the rights of the applicant according to the standards contained in this Code, based upon the evidence presented at the hearing.
(97) Home Business, Limited: The less intensive form of a home-based business where the operation is conducted entirely by the resident(s) of the home and there is no advertising contained on the interior or exterior of the structure or property and the business does not generate traffic or other persons visiting the home.
(98) Home Occupation: The more intensive form of home-based business where there may be involvement by resident(s) of the home and one or more persons living outside the home (as may be approved by the Planning Commission). In addition, the operation may generate advertising on the property, as permitted in Chapter 1109
of this Code, and may generate some additional traffic in the neighborhood. The specific requirements for a Home Occupation are contained in Section 1105.27
of this Code.
(99) Home, Family Care: A residential care facility in which a governmental agency provides room and board, and personal care and supervision for at least two (2) but not more than eight (8), aged, or persons with a developmental disability who are able to be integrated into a family type setting.
(100) Home, Foster: See Ohio Revised Code (ORC) 5103.02, et seq., as amended.
(101) Home, Manufactured: See Ohio Revised Code (ORC) 3781.06, et seq., as amended.
(102) Home, Mobile: See Ohio Revised Code (ORC) 4501.01, et seq., as amended.
(103) Hospital: An institution providing health services, including inpatient care, for medical, surgical, therapeutic, mental, or rehabilitative care of the sick or injured and including related facilities such as, but not limited to, laboratories, outpatient departments, central staff service facilities, and staff offices that are an integral part of the institution.
(104) Hotel or Motel: A commercial establishment offering transient overnight lodging and often having amenities such as restaurants, swimming pools, stores, etc., that may be available to the public.
(105) House, Boarding: A residential building originally built as a single-family or two-family dwelling that has been approved by the Planning Commission and/or the Community Development Department to house three (3) to fifteen (15) unrelated individuals, one of whom is the owner of the dwelling unit. Boarding Houses expressly exclude fraternity and sorority houses. See also Section 1105.54
.
(106) House, Rooming: A residential building originally built as a single-family or two-family dwelling that has been approved by the Planning Commission and/or the Community Development Department to house three (3) to fifteen (15) unrelated individuals. Rooming houses expressly exclude fraternity and sorority houses. See also Section 1105.54
.
(107) Household Unit: A family, a single family and one (1) unrelated individual, a single individual, (2) two unrelated individuals, or any of these four (4) designations and a caregiver(s) (as defined by this Code) residing in a dwelling unit. Individuals residing in a(n) apartment complex, rooming house, boarding house, hotel, motel, group dwelling, dormitory, fraternity house, or sorority house, together, do not constitute a household unit.
(108) Independent Living Arrangement: A residential arrangement in which up to three (3) unrelated persons each with a development disability, as it is defined in Section 5123.01 of the Ohio Revised Code (ORC) et seq.,, as amended, reside in an individualized setting with no government agency providing the residential services.
(109) Industrial Minerals. See Chapter 1514 of the Ohio Revised Code (ORC), et seq., as amended.
(110) Industrial Park: A large tract of land that has been planned, subdivided and/ or developed and operated as an integrated facility for a number of individual industrial uses.
(111) Institution, Religious: A building, together with all accessory buildings and uses, including church, temple, rectory, convent, private school, meeting hall, cemetery, and mosque wherein persons regularly assemble for associated activities and that are maintained and controlled for non-profit purposes by a recognized and legally established religious organization.
(112) Kennel: Any lot or premises on which four (4) or more domesticated animals are housed, groomed, bred, boarded, trained, or sold.
(113) Kennel, Animal Day Care: Any lot or premises on which four (4) or more domesticated animals are housed during the traditional work day for compensation (but not overnight) and may include grooming and training, but not breeding, selling, or medical treatment.
(114) Kennel, Animal Grooming: Any lot or premises on which four (4) or more domesticated animals are groomed for compensation, but does not include housing, boarding, training, selling, or medical treatment.
(115) Land Use Plan: See definition of "Comprehensive Plan."
(116) Line, Setback: See definition of "Setback Line."
(117) Loading Area, Off-Street: An area designated for bulk pickups and deliveries.
(118) Location Map: See definition of "Vicinity Map."
(119) Lot: For the purpose of this Code, a lot is a division of land separated or proposed to be separated from other divisions of land by description on a recorded subdivision plat, recorded survey map, or by metes and bounds for purposes of sale, lease, or separate use and which is of sufficient size to meet minimum zoning requirements. A "lot" is also known as a "Parcel" or a "Lot of Record."
(120) Lot, Buildable: A lot that meets all zoning requirements such as setbacks, lot coverage, lot frontage, lot depth and similar requirements set forth in this Code.
(121) Lot Corner: See definition of "Lot Types."
(122) Lot, Flag: See definition of "Lot Types."
(123) Lot, Interior: See definition of "Lot Types."
(124) Lot, Landlocked: A lot that does not have frontage on a street.
(125) Lot, Minimum Area Of: The smallest lot area established by this Code on which a use or structure may be located in a particular district.
(126) Lot, Nonconforming: See definition of "Nonconforming Lot."
(128) Lot, Through: See definition of "Lot Types."
(129) Lot Area: The total horizontal area within the lot lines of the lot, including land occupied by all natural and physical features on the lot.
(130) Lot Coverage: The ratio of enclosed ground floor area of all impervious surfaces (including buildings, parking areas, driveways, sidewalks, patios, and other impervious surfaces) on a lot to the horizontally projected area of the lot, expressed as a percentage. See Figure 6.
(131) Lot Depth: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear. See Figure 6.
(132) Lot Frontage: The portion of a lot abutting the public right-of-way. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets are frontage, and yards must be provided as indicated under "Yards" in this section. See Figure 6.
Figure 6. Lot Terms.
(133) Lot Lines: The property lines defining the limits or boundaries of a lot. "Lot lines" include: (See Error! Reference source not found.
A. Lot Line(s), Front: The line(s) separating a lot from a public right-of-way on which the lot abuts.
B. Lot Line(s), Rear: The lot line opposite and most distant from the front lot line(s). On corner lots, the rear lot line is the line opposite the front lot line with the least amount of frontage.
C. Lot Line(s), Side: Any lot line other than a front lot line(s) or rear lot line.
(134) Lot of Record: An existing lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(135) Lot Split: See definition of "Subdivision, Minor."
(136) Lot Types: Lot Types are as follows (See Figure 7):
A. Lot, Corner: A lot abutting two (2) or more streets at their intersection, or two (2) parts of the same street forming an interior angle of less than 135 degrees.
B. Lot, Flag: A pre-existing nonconforming lot that uses a narrow, unbuildable strip of land that does not meet the frontage requirements of the district in which is it located, which provides access to, or legal frontage on, a street.
C. Lot, Interior: A lot other than a corner lot with only one (1) frontage on a street.
D. Lot, Through: A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may also be referred to as a double frontage lot.
(137) Lot Width: The straight-line distance between side lot lines, measured at the two (2) points where the minimum front yard setback line intersects the side lot lines (see illustration below), provided, however, that the width where the side lot lines intersect with the public right-of-way line must be not less than eighty (80) percent of the required lot width. See Figure 8. Lot Width.
(138) Maintenance and Storage Facilities: Land, buildings, and structures devoted primarily to the maintenance and storage of equipment and materials.
(139) Major Thoroughfare Plan: The general location recommended for arterial, collector, and local thoroughfares within the corporate limits of the City.
(140) Manufactured Modular Home: See definition of "Dwelling, Mobile Home."
(141) Manufactured Mobile Home Park: Any site or tract of land upon which three (3) or more manufactured or mobile homes used for residential habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park. See Section 4781.01 of the Ohio Revised Code (ORC) et seq., as amended.
(142) Manufactured Home, Permanently Sited: A permanently sited manufactured home that has the meaning prescribed in Section 3781.06(C)(6) of the Ohio Revised Code (ORC) et seq., as amended.
(143) Manufacturing, Heavy: Manufacturing, processing, assembling, storing, testing, and other similar industrial uses that include, but are not limited to, the following operational characteristics:
• Major operations involving extensive services and facilities;
• Require large sites;
• Open, outside storage and service areas;
• Generate some nuisances through operations including, but not limited to: noise, vibration, smoke, dust, other particulate matter pollutants, toxic or noxious substances, odors, fire or explosive hazards, glare or heat, electromagnetic disturbance, or other identified nuisances.
(144) Manufacturing, Light: Manufacturing, processing, assembling, storing, testing, and other similar industrial uses that include, but are not limited to, the following operational characteristics:
• Controlled operations conducted entirely within an enclosed structure;
• No outside storage;
• Serviced by a modest volume of trucks or vans;
• Minimal effect on the surrounding area outside of the operations in terms of noise, vibration, smoke, dust, other particulate matter pollutants, toxic or noxious substances, odors, fire or explosive hazards, glare or heat, electromagnetic disturbance, or other identified nuisances.
(145) Marijuana: See definitions in Ohio Administrative Code (OAC) 3796, et seq., as amended.
(146) Marijuana, Cultivator (aka Medical Marijuana Cultivator): An entity that has been issued a certificate of operation by the State of Ohio to grow, harvest, package, and transport medical marijuana.
Level I: A cultivator that is permitted to operate up to twenty-five thousand (25,000) square footage of space designated as the marijuana cultivation area in the application, unless a request for expansion is approved by the director of the department under rule 3796:2-1-09 of the Ohio Administrative Code (OAC), et seq., as amended.
Level II: A cultivator that is permitted to operate up to three thousand (3,000) square footage of space designated as the marijuana cultivation area in the application, unless a request for expansion is approved by the director of the department under rule 3796:2-1-09 of the Ohio Administrative Code (OAC), et seq., as amended.
(147) Marijuana, Dispensary Department (aka Medical Marijuana Dispensary Department): A building, room or other area under the control of a dispensary and upon the licensed premises with access limited to patients, caregivers, dispensary employees or service professionals conducting business with the dispensary and who are escorted and supervised by a dispensary employee, and other persons authorized by Section 3796.05 of the Ohio Administrative Code (OAC), et seq., as amended..
(148) Marijuana, Dispensary District (aka Medical Marijuana Dispensary District): A geographic region, established by the state board of pharmacy, in accordance with division (B)(3) of Section 3796.05 of the Ohio Administrative Code (OAC), et seq., as amended.
(149) Marijuana, Dispensary Key Employee (aka Medical Marijuana Dispensary Key Employee): An administrator or other person responsible for the daily operation of a licensed dispensary.
(150) Marijuana Facility (aka Medical Marijuana Facility): A commercial use or structure where marijuana is cultivated, processed, tested, or dispensed as regulated by the Ohio Administrative Code (OAC) Section 3796, et seq., as amended.
(151) Marijuana, Medical (aka Medical Marijuana): Marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose in accordance with Ohio Administrative Code (OAC) Section 3796, et seq., as amended.
(152) Marijuana, Processor (aka Medical Marijuana Processor): An entity that has been issued a certificate of operation by the State of Ohio to manufacture medical marijuana products.
(153) Marijuana, Restricted Access Area (aka Medical Marijuana Restricted Access Area): A building, room or other contiguous area under control of a dispensary and upon the licensed premises with access limited to only dispensary employees, where medical marijuana inventory, all records related to the dispensing of medical marijuana, and all other items that require the personal supervision of a dispensary key employee are maintained behind a physical barrier with suitable locks and an electronic barrier to detect entry during any time when a dispensary key employee is not present.
(154) Marijuana, Testing Laboratory (aka Medical Marijuana Testing Laboratory): An independent laboratory that has been issued a certificate of operation by the State of Ohio to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research, or analyses.
(155) Microbrewery: An establishment primarily engaged in the production and distribution of beer, ale, or other alcoholic beverages, and which may include accessory uses such as tours of the microbrewery, retail sales, and/or on-site consumption, e.g., "taproom."
(156) Mixed Use Development: A development comprised of two (2) or more primary uses on one (1) parcel, as opposed to minimal or ancillary uses.
(157) Mobile Home: See definition of "Dwelling, Mobile Home."
(158) Modular Home: See definition of "Dwelling, Mobile Home."
(159) Motel: See definition of "Hotel."
(160) Multi-Stage Development: A development project that is constructed in stages, each stage being capable of existing independently of the other stages.
(162) Nonconforming Lot: A lot, the area, dimensions or location that was lawful prior to the adoption, revision or amendment of this Code, or amendment thereto (and was not created for the purposes of evading the restrictions of this Code), but which fails by reason of such adoption, revision, or amendment of this Code to meet the minimum present area, dimensional or locational requirements of the zoning district in which the lot is located.
(163) Nonconforming Structure: A structure or building, the construction of which was lawful prior to the adoption, revision, or amendment of this Code, or amendments thereto (and was not created for the purposes of evading the restrictions of this Code), but which fails by reason of such adoption, revision, or amendment of this Code to meet the minimum present requirements for a structure or building in the zoning district in which the structure or building is located.
(164) Nonconforming Use: Any use of a structure, use of land, or use of a structure and land in combination that was lawful prior to the adoption, revision, or amendment of this Code, or amendments thereto (and was not created for the purposes of evading the restrictions of this Code), but which fails by reason of such adoption, revision, or amendment of this Code to meet the minimum present requirements for a use in the zoning district in which the use is located.
(165) Nursery - Plant Materials: Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or offered for retail sale on the premises including products used for gardening or landscaping.
(166) Open Air Market: A periodic market, held out of doors, in an open area or vacant lot where groups or individual sellers offer goods for sale to the public.
(167) Open Space, Usable: The required portion of a lot,which is unoccupied by principal or accessory buildings and available to all occupants of the building for use for recreational and other leisure activities normally carried on outdoors. Open space calculation can include required rear and side yard setback areas as long as such areas are maintained as green space and/or incorporates amenity(s) associated with outdoor recreation and leisure purposes. Open space must be unobstructed to the sky and must not include any driveways or off-street parking and loading areas. See hyperlink to Figure 9.
(169) Outpatient Addiction Services Facilities: A facility providing outpatient addiction services, including but not limited to, medication-assisted treatment, therapy and/or counseling to persons suffering with alcohol and/or drug addiction.
(170) Parcel: See definition of "Lot" and "Lot of Record."
(171) Park: An open space that may include non-commercial, not-for-profit facilities designed to serve the recreational, educational, or scenic needs of a community. Such facilities may include all types of recreational facilities and or open space such as: neighborhood parks, community parks, regional parks, state or national parks, and special use facilities. Such facilities may also include, but are not limited to, school and religious institution athletic fields and playgrounds if they meet the above definition. Commercial amusement facilities such as go-cart tracks, water slides, miniature golf courses, and the like are not considered parks.
(172) Parking Lot, Private: An off-street, ground level area, surfaced and improved, for the temporary storage of motor vehicles as the principal use of the lot, which is not a publicly-owned or publicly-operated facility, with the access to such an area controlled and operated as a profit-making activity by the property owner or an agent for the property owner.
(173) Parking Lot, Public: An open area, excluding a street or other thoroughfare, used for the parking of automobiles and available to the public, whether for free or for compensation.
(174) Performance Bond: A financial guarantee by a subdivider or developer of land, which is provided to the City for the purpose of guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider or developer's agreement or construction contract with the City.
(175) Personal Services Business: See definition of "Business, Personal Service."
(176) Pet Shop: A retail sales establishment primarily engaged in the sale of domestic animals, such as dogs, cats, fish, birds, and rodents, but excluding exotic animals and livestock.
(177) Planning Commission or Commission: As provided for in the City Charter, five (5) volunteers appointed by the Kent City Council empowered by the Kent Codified Ordinances (KCO) and as set forth in Section 1111.02
of this Code.
(178) Plat: A final map of all or a portion of a subdivision which, if approved, may be recorded; a map prepared by a registered surveyor representing a tract of land, showing the boundaries and location of individual properties and streets; a map prepared by a registered surveyor of a subdivision.
(179) Plat, Dedication: The final map prepared by a registered surveyor of all or a portion of a subdivision or a site plan which is presented to Council for acceptance and responsibility of the improvements that have been completed.
(180) Principal Building: See definition of "Building, Principal."
(181) Principal Use: The primary or predominant use of any land and building(s) and the main purpose for which land and building(s) exist.
(182) Public Agency. Any city, village, township, county, public district, or public authority located in whole or in part within the state, which provides or has the authority to provide services for the public.
(183) Public Display: Placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material, other than adult materials, are on display to the public.
(184) Public Service Facility: The erection, construction, alteration, operation or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electric, gas, rail transport, communication, public water and sewage services.
(185) Public Utility: Any person, firm, corporation, governmental agency or board fully authorized to furnish and currently furnishing to the public, electricity, gas, steam, communication/ data transfer, cable television, telephone, transportation, storm water, water or any other similar public utility.
(186) Public Uses: Public parks, schools, and administrative and cultural structures, not including public land or buildings, devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(187) Recreational Campground: An area of land on which two (2) or more travel trailers, campers, tents or other similar temporary recreational structures are accommodated with or without charge, including any building structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
(188) Recreational Facilities, Indoor: Indoor commercial amusement services in which the majority of the space is used for such services, including, but not limited to: bowling alleys, skating rinks, billiard halls, stadium and sports arenas, movie theaters, dance halls, and other indoor recreational facilities.
(189) Recreational Facilities, Outdoor: Public or private facilities that generally require and utilize larger outdoor areas of land and include, but need not be limited to, hunting, fishing, horse riding clubs, drive-in theaters, and amusement parks.
(190) Recycling Center: A building in which recyclable materials are processed for sale and/or reuse.
(191) Related Persons: An individual who meets the definition of family. See definition of "Family."
(192) Research Activities: Research, development and testing related fields including, but not limited to, chemical, pharmaceutical, medical, bio-medical, liquid crystal, telecommunication, software, electrical, transportation, and engineering.
(193) Restaurant: An establishment where food and beverages are prepared and served for consumption on the premises or for carry-out for off-premises consumption.
(194) Resident: A person staying overnight in a dwelling unit for more than fourteen (14) consecutive days or a total of thirty (30) cumulative calendar days during any twelve (12) month period.
(195) Residential Facility: A home or facility that is licensed or certified by a government agency and provides residential services for more than twenty-four (24) hours for three (3) or more unrelated persons diagnosed with a physical or mental impairment, developmental disability, mental illness, or the aged, including but not limited to, group homes, nursing homes and assisted living facilities.
(196) Restoration: The replication or reconstruction of a building's original architectural features.
(197) Retail: See definition of "Business, Retail."
(198) Right-of-Way: A strip of land acquired by reservation, dedication, forced dedication, prescription, easement, or condemnation and intended to be occupied by a road, crosswalk, sidewalk, other access, railroad, electric transmission lines, oil or gas pipeline, water line, communication/data transfer, sanitary or storm sewer, and other similar uses.
(199) Riparian Corridor: An area of land comprised of vegetative and wildlife habitat adjacent to perennial and intermittent streams, rivers, lakes, shorelines, wetlands, or other areas strongly influenced by courses or bodies of freshwater.
(200) Roadside Stand: A removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of only seasonable agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales.
(201) Roof: A structural covering over any portion of buildings or structures including the eaves and similar permanently attached projections beyond the walls or supports of the building or structure excluding chimneys, antennas, vents, and any other mechanical equipment. See Figure 10.
(202) Rooming House: See definition of "House, Rooming."
(203) Satellite Signal Reception Device: A structure or combination of structures specifically designed to receive signals relayed by earth-orbiting communication satellites.
(204) Sorority: An organization officially associated with and recognized and supervised by an institution for higher education whose membership is limited exclusively to students of the said institution.
(205) Seat: For the purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews or space for loose chairs.
(206) Setback Line: A line established by the subdivision regulations and/or this Code generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in said codes. (See definitions for "Yards").
(207) Staff: Employees of the City of Kent, including but not limited to Community Development Department personnel.
(208) Stormwater Management Plan: A description of controls appropriate for each construction operation covered by the Kent Codified Ordinances to control storm water damage and sediment pollution of water resources, wetlands, riparian areas, other natural areas, and public and private lands.
(209) Story: The part of a building between the surface of a floor and the ceiling immediately above. See also definition of "Basement."
(210) Street, Private: A thoroughfare which affords principal means of access to abutting property, but which has not been dedicated to the public, or subject to public easements thereto.
(211) Street, Public: A public thoroughfare which has been dedicated to the public use and accepted by the Council or subject to public easements thereof, and which affords the principal means of access to abutting property.
(212) Street Right-of-Way Line: A dividing line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract, or parcel of land has been conveyed to the center of the street, the street right-of-way line then becomes the inside line of land reserved for street purposes.
(213) Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include, but are not limited to, buildings, mobile homes, swimming pools, sheds, garages, walls, and fences.
(214) Structural Alteration: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area of the building.
(215) Subdivision: See definition of "Subdivision" in Chapter 711 of the Ohio Revised Code (ORC) et seq., as amended.
(216) Subdivision, Minor: Any division of a parcel of land along an existing public street or road, not resulting in more than five (5) lots after the original tract has been completely subdivided. Also known as a "Lot Split."
(217) Subdivision, Major: Any subdivision that does not meet the requirements of a minor subdivision.
(218) Subdivision Regulations or "Regulations": The Subdivision Regulations of the City of Kent, Ohio, as amended.
(219) Substantial Construction/ Improvement: Any construction, improvement, reconstruction, repair, or alteration of a lot or structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the construction, improvement, reconstruction, repair, or alteration to the lot or structure, or if damaged, the value of the structure to be restored prior to being damaged.
(220) Supply Yards: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
(221) Swimming Pool: A body of water in an artificial receptacle or other container partly or completely above or below grade, in-ground or above-ground.
(222) Technical Plan Review: A process following site plan approval in which detailed technical information pertaining to all applicable local building, fire and municipal codes are presented to and reviewed by the City Community Development Department and other City departments for conformance with applicable requirements.
(223) Telecommunication Antenna, Amateur Radio: A free standing or building-mounted structure, including any base, tower or pole, antenna, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission (FCC).
(224) Telecommunication Antenna, Satellite Dish: A structure or combination of structures incorporating a reflective surface that is in the shape of a shallow dish, cone, horn or cornucopia specifically designed to transmit and/or receive radio electromagnetic waves between terrestrial and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, television reception only satellite dish antennas (TVROs), and satellite microwave antennas. Such structures are accessory structures for the purpose of regulation in this Code and amendments hereto.
(225) Telecommunication Tower: Any pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. A telecommunication tower may include, but not be limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and personal communication service towers. The term tower excludes amateur radio operator's equipment, as licensed by the Federal Communications Commission (FCC).
(226) Telecommunication and Data Transfer Facilities: Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of telecommunications as authorized by the Federal Communications Commission (FCC), which a person seeks to locate or has installed upon a tower or antenna support structure.
(227) Telecommunication Antenna, Facade Mounted: A telecommunication antenna mounted on the facade of a structure such as a building, water tower, steeple, stack, existing light pole or communication tower.
(228) Telecommunication -- Co-location: The use of a telecommunication and data transfer facility by more than one telecommunications provider.
(229) Telecommunication Equipment Shelter: The structure in which the electronic receiving and relay equipment for a telecommunication and data transfer facility is housed.
(230) Telecommunication - Support Structure: Any building or other structure other than a tower which can be used for location of telecommunication facilities.
(231) Temporary Structure: A structure without any foundation or footing and removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Examples of temporary structures include, but are not limited to, tents, portable storage units, portable offices, and attendant shelters.
(232) Thoroughfare, Street or Road: The full width between property lines bounding every public right-of-way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
A. Alley: A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. Arterial Street: A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
C. Collector Street: A thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
D. Cul-de-Sac: A local street of relatively short length having one end open to vehicular traffic and the other end permanently or temporarily terminating by a vehicular turnaround.
E. Dead-End Street: A street having only one point of egress outlet for vehicular traffic and intended to be extended or continued in the future.
F. Highway: A term applied to streets and roads that are under the jurisdiction of the state highway commission. A multilane highway, whether divided or undivided, is a major artery of an area's circulation network and serves a high volume of traffic for both short and long trips, therefore, any access to abutting properties is designed for with a degree of control with a standard of safety in mind.
G. Local Street: A street primarily for providing access to residential, commercial or other abutting property.
H. Loop Street: A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred and eighty (180) degrees system of turns are not more than one thousand (1,000) feet from said arterial or collector street, nor normally more than six hundred (600) feet from each other.
I. Marginal Access Street: A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street.)
J. Minor Arterial: A street with signals at important intersections and stop signs on side streets that collect and distribute traffic to and from collector streets; or minor arterial streets serving as routes with linkages to cities, larger towns, and other traffic generators that attract moderate traffic volumes at moderate speeds over similarly longer distances of travel. They provide an interconnecting network between larger cities and towns.
(233) Tree Lawn: The space between the public right-of-way line and the edge of the road pavement. Also known as "Devil's Strip."
(234) Use: The purpose of which a building or premises is or may be occupied. In the classification of uses, a "use" may be a use as commonly understood or the name of an occupation, business, activity or operation carried on, or intended to be carried on in a building or on premises, or the name of a building, place or thing which name indicates the use or intended use.
(234.5) Vape Shop: A retail establishment where a substantial portion of the use 20% of its retail display floor area is for the sale and display of alternative nicotine products, e-liquids, or electronic nicotine delivery systems, including but not limited to e-cigarettes, vapes, pens, rigs, tanks, mods, or pod-mods for the delivery and human consumption of nicotine, or any other substance intended for human consumption, that can be used by a person to simulate smoking through the inhalation of vapor or aerosol.
(235) Variance: A formalized waiver of the strict terms of the relevant regulations where such waiver will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(236) Veterinary Animal Hospital or Clinic: A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured animals, and those which are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation.
(237) Vicinity Map: A drawing which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the community to better locate and orient the area in question.
(238) Warehousing: A use engaged primarily in indoor storage, wholesale, and distribution of goods, products, supplies, and equipment, excluding bulk storage of materials.
(239) Wholesale Establishments: Business establishments that generally sell commodities in large quantities or by the piece to retailers, other wholesale establishments, or manufacturing establishments. The commodities are generally for further resale, for use in the fabrication of a product, or for use by a business service.
(240) Yard: An open space on the same lot as the principal building, unoccupied from the ground upward, except as otherwise permitted in this Code. The minimum required yard setbacks are the minimum depth of a front, rear or side yard necessary to conform to the required yard setback provisions of this Code. See Figure 11.
(241) Yard, Front: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the principal building. Corner lots in all districts are required to have the minimum front yard requirements as indicated in that district, facing both streets (see Figure 11).
(242) Yard, Rear: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the principal building (see Figure 11).
(243) Yard, Side: An open space between a principal building and the side lot line, extending from the front lot line to the rear lot line, the width of which is the horizontal distance from the nearest point of the side lot line and the nearest point of the principal building (see Figure 11).
(244) Zoning District: See definition of "District, Zoning."
(245) Zoning Map: The Zoning Districts Map of the City of Kent, Portage County, Ohio. https://www.kentohio.org/643/Zoning-Map
(246) Zoning / Use Certificate: The certificate adopted for use by the Community Development Director for the purpose of implementing Section 1111.01
(d) of this Code.
(Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22; Ord. 2024-058. Passed 6-19-24; Ord. 2024-103. Passed 10-16-24.)
1103.01 ESTABLISHMENT OF ZONING DISTRICTS.
For the purposes identified below, the City of Kent is hereby divided into districts whereby all such regulations identified in this Code are uniform for each building, structure, or use within each district:
(a) To classify, regulate, and restrict the location of residential, commercial, industrial, and other land uses.
(b) To classify, regulate, and restrict the location of buildings designed for specific uses.
(c) To regulate and limit the height, lot coverage, and size of buildings and other structures hereafter erected or altered.
(d) To establish requirements as set forth within the City of Kent's most current Comprehensive Plan and any subsequent updates, including, but not limited to:
• Minimum lot sizes;
• Minimum and/or maximum height requirements;
• Minimum front, side, and rear yard requirements;
• Open space requirements.
(Ord. 2021-057. Passed 6-16-21.)
1103.02 DESIGNATION OF ZONING DISTRICTS.
The designations of the various zoning districts are:
(a) O-R: Open Space - Recreation District
(b) R-1: Low Density Residential District
(c) R-2: Medium Density Residential District
(d) R-3: High Density Residential District
(e) R-3A Extended High Density Residential District
(f) R-4: Multifamily Residential District
(g) R-C: High Density Multifamily - Commercial Residential District
(h) C-R: Commercial - High Density Multifamily Residential District
(i) IC-R: Intensive Commercial - Residential District
(j) C: Commercial District
(k) C-D: Commercial-Downtown District
(l) N-C: Neighborhood Commercial District
(m) U: University District
(n) I-R: Industrial Research and Office District
(o) I: Industrial District
(Ord. 2021-057. Passed 6-16-21.)
1103.03 ZONING DISTRICTS MAP.
(a) Zoning Districts Map. The zoning districts and their boundary lines are indicated upon a map entitled "Zoning Districts Map of the City of Kent, Portage County, Ohio." The Zoning Districts Map together with all notations, references and other matters shown thereon are hereby declared a part of this Code. https://www.kentohio.org/643/Zoning-Map
(b) Amendments to Zoning District Map. The approved Zoning Districts Map must be retained in a Kent City office, maintained current with amendments, and be available to the public. All revisions or amendments to the map must be incorporated within a period of thirty (30) days from the effective date of the enacting ordinance.
(Ord. 2021-057. Passed 6-16-21.)
1103.04 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.
The Zoning Inspector will decide any instances where uncertainty exists with respect to the boundaries of any zoning districts as shown on the Zoning Districts Map. In resolving these instances, the Zoning Inspector will apply the following rules:
(a) Where Boundaries Approximately Follow Streets, Alleys or Highways: Where district boundaries are indicated as approximately following the center line or public right-of-way line of streets, the center line or alley line of alleys, or the center line or public right-of-way lines of highways, such lines are the district boundaries.
(b) Where Boundaries Approximately Follow Lot Lines: Where district boundaries are indicated as approximately following lot lines, such lot lines are the boundaries.
(c) Vacation of Public Ways: Whenever any street, alley or public way is vacated in the manner authorized by law, the zoning districts adjoining each side of the street, alley, or public way are automatically extended to the center of such vacations and all areas included in the vacation are then and henceforth are subjected to all regulations of the extended districts.
(Ord. 2021-057. Passed 6-16-21.)
1103.05 EFFECT OF ANNEXATION.
The zoning of all lands or property annexed by the City of Kent will be established at the time of annexation (see Section 1112.01). No land or property will be annexed prior to the completion of a review and recommendation by the Planning Commission.
(Ord. 2021-057. Passed 6-16-21.)
1103.06 CATEGORIES WITHIN ZONING DISTRICTS.
Permitted uses are authorized in a specific zoning district when it is determined by the Planning Commission that the proposed use meets certain minimal requirements as set forth in the Zoning Code. Conditionally permitted uses and specially permitted uses are authorized in a zoning district only when the Planning Commission has determined that the proposed use meets this Code's zoning requirements or any specific conditions imposed by the Planning Commission to protect the Zoning District.
Any proposed uses that are not permitted uses, conditionally permitted uses, or specially permitted uses within a zoning district are deemed not harmonious to the zoning district and are specifically prohibited.
(Ord. 2021-057. Passed 6-16-21.)
1103.07 TABLE OF LAND USES BY DISTRICT.
(a) The following table lists the permitted uses, conditionally permitted uses, and specially permitted uses in each zoning district. Whenever a specific development standard is included for a particular use in the following table, any development must comply with the requirement of the referenced section in addition to all of the other applicable requirements of this Code. All development conditions for specific uses are listed in Chapter 1105
and in other areas of this Code.
P = Permitted Use C = Conditionally Permitted Use S = Specially Permitted Use [blank] = Use Prohibited
Land Use | O-R | R-1 | R-2 | R-3 | R-3A | R-4 | R-C | C-R | IC-R | C | C-D | N-C | U | R=T-O | I | Development Condition |
Subordinate Structures | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | Section 1106.10 |
Adult Use Cannabis (Recreational) Facilities | C | |||||||||||||||
Agricultural Uses and Buildings | P | P | ||||||||||||||
Airports, Airfields and Landing Strips | C | Section 1105.01 | ||||||||||||||
Apartment Complexes | C | C | Section 1105.02 | |||||||||||||
Assisted Living Facility | C | C | C | C | C | C | Section 1105.03 | |||||||||
Automotive, Mobile Home, Trailer, and/or Farm Implement Sales | C | C | Section 1105.04 Section 1105.06 | |||||||||||||
Automotive Repair, Major | C | C | C | Section 1105.05 Section 1105.02 | ||||||||||||
Automotive Repair, Minor | C | C | C | Section 1105.05 Section 1105.02 | ||||||||||||
Automotive Temporary Storage (including Rentals) | C | C | C | C | Section 1105.06 | |||||||||||
Automotive Washing Facilities (Car Wash) | C | C | Section 1105.07 | |||||||||||||
Banks and Financial Institutions (excluding Drive-Through Facilities) | P | P | P | P | P | P | P | P | ||||||||
Banks and Financial Institutions (including Drive-Through Facilities) | C | C | C | C | C | Section 1105.08 | ||||||||||
Banquet Halls | C | P | P | P | P | C | Section 1105.09 | |||||||||
Bar, Tavern, Night Club, Saloon and Similar Establishments | C | P | P | P | P | C | ||||||||||
Bed and Breakfast | C | C | C | C | C | C | C | C | C | C | C | Section 1105.11 Section 1105.09 | ||||
39
Land Use | O-R | R-1 | R-2 | R-3 | R-3A | R-4 | R-C | C-R | IC-R | C | C-D | N-C | U | R-T-O | I | Development Condition |
Building Materials, Sales Yard, and Lumber Yards | C | C | C | C | Section 1105.12 | |||||||||||
Business, Non-Retail | C | P | P | P | P | P | P | P | Section 1105.13, Section 1105.12 | |||||||
Business, Retail | C | P | P | P | P | C | Section 1105.14 Section 1105.12 | |||||||||
Cemeteries | C | C | C | C | C | C | Section 1105.15 | |||||||||
Child Day Care Facilities | C | C | C | C | C | C | C | C | C | C | C | C | Section 1105.16 | |||
Child Day Care Homes, Type A & B | C | C | C | C | C | C | C | C | C | C | Section 1105.17 | |||||
Crematories | C | C | C | C | Section 1105.18 | |||||||||||
Domesticated Animal Kennels | P | C | C | Section 1105.19 | ||||||||||||
Dormitories | C | Section 1105.20 | ||||||||||||||
Drive-Thru Convenience and Beverage | C | P | P | P | P | C | Section 1105.21 | |||||||||
Extractive Uses | C | C | Section 1105.22 Setion 1105.19 | |||||||||||||
Fraternal Societies | C | C | C | C | C | C | Section 1105.23 | |||||||||
Fraternity or Sorority Houses | C | Section 1105.24 | ||||||||||||||
Fuel, Food and Goods Distribution Station, Warehouse and Storage | P | |||||||||||||||
Funeral Homes (Without Crematories) | C | C | P | P | C | P | Section 1105.25 | |||||||||
Gasoline Stations | C | C | C | Section 1105.26 | ||||||||||||
Home Businesses, Limited | P | P | P | P | P | P | P | P | P | P | P | P | P | |||
Home Occupations | C | C | C | C | C | C | C | C | C | C | C | C | Section 1105.27 | |||
Homeless Emergency Shelters | C | C | C | C | Section 1105.28, Section 1105.27 | |||||||||||
40
Land Use | O-R | R-1 | R-2 | R-3 | R-3A | R-4 | R-C | C-R | IC-R | C | C-D | N-C | U | R-T-O | I | Development Condition |
Hospitals | C | C | C | C | P | C | C | C | Section 1105.29 Section 1105.30 | |||||||
Hotels or Motels | C | C | C | Section 1105.30 | ||||||||||||
Junk Yards, Scrap Yards, and Impound Lots | C | Section 1105.31 | ||||||||||||||
Libraries | P | P | P | P | P | P | ||||||||||
Manufacturing, Heavy | C | C | C | P | Section 1105.32 | |||||||||||
Manufacturing, Light | C | C | C | C | P | Section 1105.32 | ||||||||||
Medical Marijuana, Cultivator Level I | C | Section 1105.33 | ||||||||||||||
Medical Marijuana, Cultivator Level II | C | C | Section 1105.33 | |||||||||||||
Medical Marijuana, Dispensaries | C | C | C | C | Section 1105.34 | |||||||||||
Medical Marijuana, Processors | C | Section 1105.35 | ||||||||||||||
Medical Marijuana, Testing Laboratories | C | C | C | C | C | Section 1105.36 | ||||||||||
Microbreweries; Microbreweries, Limited Food Service (Drive-Thru Prohibited) | C | C | P | Section 1105.37 | ||||||||||||
Mixed Use Developments | C | C | C | C | C | C | Section 1105.38 | |||||||||
Monument Sales and Displays | C | C | C | P | Section 1105.39, Section 1105.38 | |||||||||||
Multifamily Dwellings | C | C | C | C | C | C | C | C | C | Section 1105.40 | ||||||
Nursery & Greenhouses (No Retail) | P | P | C | P | Section 1105.41 | |||||||||||
Nursery & Greenhouses (with retail) | C | C | P | Section 1105.41 | ||||||||||||
Oil and Gas Wells, Drilling and Operations | C | C | Section 1105.42 | |||||||||||||
Open Air Markets/Farmers Markets | C | C | C | C | C | C | C | Section 1105.43 | ||||||||
Outpatient Addiction Services Facilities | C | C | C | C | C | C | Section 1105.44 | |||||||||
41
Land Use | O-R | R-1 | R-2 | R-3 | R-3A | R-4 | R-C | C-R | IC-R | C | C-D | N-C | U | R-T-O | I | Development Condition |
Parking Lots and Garages (Not Accessory to a Use) | C | C | C | C | C | C | P | Section 1105.45 | ||||||||
Passenger Transportation Agencies and Terminals | C | C | C | C | Section 1105.46 | |||||||||||
Radio or Television Broadcasting Stations | C | C | C | Section 1105.47 | ||||||||||||
Recreational Facilities, Indoor | C | P | P | P | P | C | P | P | Section 1105.48 | |||||||
Recreational Facilities, Outdoor | C | C | C | C | C | C | C | C | C | C | C | C | C | C | Section 1105.49 | |
Recycling Centers | P | |||||||||||||||
Religious Institutions | C | C | C | C | C | C | C | C | C | C | C | C | C | Section 1105.50, Section 1105.23 | ||
Residential Facilities | C | C | C | C | C | C | C | C | C | C | C | Section 1105.51 | ||||
Restaurants | C | P | P | P | P | C | Section 1105.52, Setion 1105.51, Section 1105.50 | |||||||||
Roadside Stands | P | P | C | Section 1105.53 | ||||||||||||
Rooming and/or Boarding Houses | C | C | C | C | C | Section 1105.54 | ||||||||||
Sanitary Landfills | C | Section 1105.55 | ||||||||||||||
Schools, Public and Private | C | C | C | C | C | C | C | P | P | P | C | C | P | Section 1105.56 | ||
Sexually Oriented Uses and Businesses | S | Section 1105.57 | ||||||||||||||
Single-Family Dwellings | P | P | P | P | P | P | P | C | C | P | C | Section 1105.58 | ||||
Storage Units and storage Locker Facilities | C | Section 1105.59 | ||||||||||||||
Temporary Structures | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | Section 1106.15 |
Testing/Experimental/Reserach Facilities | C | C | C | C | C | C | P | P | Section 1105.61 | |||||||
Tool and Equipment Rentals | C | C | P | Section 1105.62 | ||||||||||||
42
Land Use | O-R | R-1 | R-2 | R-3 | R-3A | R-4 | R-C | C-R | IC-R | C | C-D | N-C | U | R-T-O | I | Development Condition |
Truck or Transfer Terminals and Motor Freight Garages | C | Section 1105.63 | ||||||||||||||
Truck Servicing | C | C | C | Section 1105.05 | ||||||||||||
Two-Family Dwellings | P | P | P | P | C | C | P | C | Section 1105.64 | |||||||
Utilities & Associated Structures | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | Section 1105.65 |
Vape Shops | C | |||||||||||||||
Veterinarian Hospitals or Clinics | C | C | P | Section 1105.66 | ||||||||||||
Warehouses | P | |||||||||||||||
Wholesale Clubs and Stores | C | C | C | Section 1105.67 | ||||||||||||
Wildlife Refuges and Game Preserves | P | |||||||||||||||
(Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22; Ord. 2022-132. Passed 12-21-22; Ord. 2024-058. Passed 6-19-24; Ord. 2025-080. Pased 8-20-25.)
(b) Table of Residential Uses by Zoning District.
Specific Zoning Land Use Category by Zoning District | O-R | R-1 | R-2 | R-3 | R-3A | R-4 | R-C | C-R | IC-R | C | C-D | N-C | U | RTO | I |
(70) Dwelling, Apartment Complex | C | C | |||||||||||||
(71) Dwelling, Dormitory | C | ||||||||||||||
(72) Dwelling, Multifamily | C | C | C | C | C | C | C | C | C | ||||||
(73) Dwelling, Single Family | P | P | P | P | P | P | P | C | C | P | C | ||||
(74) Dwelling, Two Family | P | P | P | P | C | C | P | C | |||||||
(105) House, Boarding | C | C | C | C | |||||||||||
(106) House, Rooming | C | C | C | C | C | ||||||||||
NOTES | KEY |
Must consider definitions for each word in Zoning Land Use Category | C: Conditionally Permitted Use |
Numbers in parentheses reference definition in CH 1102 | P: Permitted Use |
Gray Cell: Not permitted nor conditionally permitted in zoning district |
General Definitions: |
(69) Dwelling: Any building, or portion thereof, which is designed or used primarily for residential purposes, including single family, a household unit, or three (3) or more unrelated individuals, but not including hotels, motels, and bed and breakfasts |
(75) Dwelling Unit: Any room or group of rooms located within a dwelling and forming a residential household unit with facilities that are used or intended to be used for living, sleeping, cooking and eating, with a restroom(s) and bathing facility(ies) to be utilized by a family, a household unit, as defined in this chapter, or three or more unrelated individuals. |
(79) Family: Individuals who are related by marriage, legally recognized civil union, adoption, or who are within three (3) degrees (or fewer) or consanguinity. |
(107) Household Unit: A family, a single family and one (1) unrelated individual, a single individual, two (2) unrelated individuals, or any of these four (4) designations and a caregiver(s) (as defined by this Code) residing in a dwelling unit. Individuals residing in an apartment complex, rooming house, boarding house, hotel, motel, group dwelling, dormitory, fraternity house, or sorority house, together, do not constitute a household unit. |
(Ord. 2024-103. Passed 10-16-24.)
1103.08 O-R: OPEN SPACE-RECREATION DISTRICT.
(a)
Purpose.
This district is established for the following purposes:
(1) To preserve and protect natural and man-made water areas, flood plains, marshes, and wetlands from development other than open spaces or recreational uses;
(2) To preserve and protect agricultural districts, and/or wildlife habitats;
(3) To retain natural drainage patterns; and
(4) To preserve and protect the values of distinctive, geologic, topographic, botanic, historic, or scenic areas.
(b) Permitted Uses. | (c) Conditionally Permitted Uses. |
(1) Subordinate Structures (Section 1106.10)
(2) Agricultural Uses and Buildings (3) Domesticated Animal Kennels (4) Home Businesses, Limited (5) Nursery & Greenhouses (No Retail) (6) Roadside Stands (7) Single-Family Dwellings (8) Wildlife Refuges and Game Preserves | (1) Cemeteries (Section 1105.15)
(2) Child Day Care Homes, Type A & B (Section 1105.17)
(4) Home Occupations (Section 1105.27)
(6) Open Air Markets/Farmers Markets (Section 1105.43)
(11) Utilities & Associated Structures (Section 1105.65)
|
(d) Specially Permitted Uses |
None |
(e) Dimensional Regulations
Lot and Building Height standards
Min. Lot Area
5 acres
Max. Density
1 unit per 5 acres
Min. Lot Frontage
60 ft.
Max. Building Height
35 ft.
Front Yard Setback
100 ft.
Side Yard Setback
25 ft.
Rear Yard Setback
50 ft.
(f) |
Additional Regulations.
(1) Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.09 R-1: LOW DENSITY RESIDENTIAL DISTRICT.
(a) Purpose. |
This district is established to accommodate single family residential development at low densities in areas that are or may reasonably be expected to be provided with central sewer and water facilities. |
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses. |
(1) Subordinate Structures (Section 1106.10) (2) Agricultural Uses and Buildings (3) Home Businesses, Limited (4) Nursery & Greenhouses (No Retail) (5) Roadside Stands (6) Single-Family Dwellings | (3) Domesticated Animal Kennels (Section 1105.19) (4) Home Occupations (Section 1105.27) (7) Residential Facilities (Section 1105.51) (8) Schools, Public and Private (Section 1105.56) (10) Utilities & Associated Structures (Section 1105.65) |
(d) |
Specially Permitted Uses
None
(e) Dimensional Regulations | |
Lot and Building Height standards | |
Min. Lot Area | 18,000 sq. ft. with public sewer and water |
Max. Density | 2 dwelling units per acre |
Min. Lot Frontage | 60 ft. |
Max. Building Height | 35 ft. |
Front Yard Setback | 45 ft. |
Side Yard Setback | 12 ft. |
Rear Yard Setback | 45 ft. |
(f) Additional Regulations.
(1) Minimum Front Yard Setback Variances. The required front yard setback, on a lot where the new construction or alteration of a building is being considered, may be modified without a variance when the Zoning Inspector determines all of the following standards are met:
A. That the average front yard setback of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block and on the same side is less than the minimum front yard setback prescribed in the applicable zoning district;
B. The modified minimum front yard setback must not be less than the average front yard depth of the lots identified in Subsection (a), above, and
C. The modified minimum front yard setback must not be less than twenty (20) feet in any district.
(2) Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.10 R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT.
(a) Purpose. |
This district is established to encourage single family residential development at medium densities in areas of existing development of such density and thereby providing a more orderly and efficient extension of public facilities. |
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses. |
(2) Home Businesses, Limited (3) Single-Family Dwellings | (1) Assisted Living Facility (Section 1105.03) (2) Bed and Breakfast (Section 1105.11) (3) Cemeteries (Section 1105.15) (4) Child Day Care Homes, Type A & B (Section 1105.17) (5) Home Occupations (Section 1105.27) (6) Recreational Facilities, Outdoor (Section 1105.49) (8) Residential Facilities (Section 1105.51) (9) Schools, Public and Private (Section 1105.56) (10) Temporary Structures (Section 1106.15) |
(d) |
Specially Permitted Uses
None
(e) Dimensional Regulations | |
Lot and Building Height standards | |
Min. Lot Area | 11,000 sq. ft. with public sewer and water |
Max. Density | 3 dwelling units per acre |
Min. Lot Frontage | 60 ft. |
Max. Building Height | 35 ft. |
Front Yard Setback | 45 ft. |
Side Yard Setback | 10 ft. |
Rear Yard Setback | 45 ft. |
(f) Additional Regulations.
(1) Minimum Front Yard Setback Variances. The required front yard setback, on a lot where the new construction or alteration of a building is being considered, may be modified without a variance when the Zoning Inspector determines all of the following standards are met:
A. That the average front yard setback of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block and on the same side of the street is less than the minimum front yard setback prescribed in the applicable zoning district;
B. The modified minimum front yard setback must not be less than the average front yard depth of the lots identified in Subsection (a), above, and
C. The modified minimum front yard setback must not be less than twenty (20) feet in any district.
(2) Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.11 R-3: HIGH DENSITY RESIDENTIAL DISTRICT.
(a) Purpose. |
This district is established to encourage single family residential development at high densities in areas of existing development of such density and thereby providing a more orderly and efficient extension of public facilities. |
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(2) Home Businesses, Limited (3) Single-Family Dwellings (4) Two-Family Dwellings | (1) Assisted Living Facility (Section 1105.03) (2) Bed and Breakfast (Section 1105.11) (3) Cemeteries (Section 1105.15) (4) Child Day Care Facilities (Section 1105.16) (5) Child Day Care Homes, Type A & B (Section 1105.17) (6) Home Occupations (Section 1105.27) (7) Multifamily Dwellings (Section 1105.40) (8) Recreational Facilities, Outdoor (Section 1105.49) (10) Residential Facilities (Section 1105.51) (11) Schools, Public and Private (Section 1105.56) (12) Temporary Structures (Section 1106.15) (13) Utilities & Associated Structures (Section 1105.65) |
(d) Specially Permitted Uses |
None |
(e) |
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
Single-Family Dwelling: 8,000 sq. ft.
Two-Family Dwelling: 12,000 sq. ft.
Multifamily Dwelling:
• 18,000 sq. ft. for the first 3 dwelling units, plus
•5,000 sq. ft. for each dwelling unit over 3
Max. Density
8 dwelling units per acre
Min. Lot Frontage
50 ft.
Minimum Usage Open Space for Multifamily only
At least 30% of the actual lot area must be devoted to usable open space
Max. Building Height
35 ft.
Front Yard Setbacks
35 ft.
Side Yard Setbacks
10 ft.
Rear Yard Setbacks
30 ft.
(f) |
Additional Regulations.
(1) Architectural Review Requirements. The location of some projects may be subject to review for a Certificate of Appropriateness issued by the Architectural Review Board.
(2) Minimum Front Yard Setback Variances. The required front yard setback, on a lot where the new construction or alteration of a building is being considered, may be modified without a variance when the Zoning Inspector determines all of the following standards are met:
A. That the average front yard setback of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block and on the same side of the street, is less than the minimum front yard setback prescribed in the applicable zoning district;
B. The modified minimum front yard setback must not be less than the average front yard depth of the lots identified in Subsection (a), above, and
C. The modified minimum front yard setback must not be less than twenty (20) feet in any district.
(3) Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.12 R-2A: EXTENDED HIGH DENSITY RESIDENTIAL DISTRICT.
(a) |
Purpose.
This district is established to encourage single family residential development at high densities in areas of existing development of such density and thereby providing a more orderly and efficient extension of public facilities.
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(1) Subordinate Structures (Section 1106.10) (2) Home Businesses, Limited (3) Single-Family Dwellings (4) Two-Family Dwellings | (1) Assisted Living Facility (Section 1105.03) (2) Bed and Breakfast (Section 1105.11) (5) Child Day Care Homes, Type A & B (Section 1105.17) (6) Home Occupations (Section 1105.27) (8) Recreational Facilities, Outdoor (Section 1105.49) (10) Residential Facilities (Section 1105.51) (12) Temporary Structures (Section 1106.15) (13) Utilities & Associated Structures (Section 1105.65) |
(d) Specially Permitted Uses |
None |
(e) |
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
Single-Family Dwelling: 8,000 sq. ft.
Two-Family Dwelling: 12,000 sq. ft.
Multifamily Dwelling:
• 18,000 sq. ft. for the first 3 dwelling units, plus
•5,000 sq. ft. for each dwelling unit over 3
Max. Density
8 dwelling units per acre
Min. Lot Frontage
50 ft.
Minimum Usage Open Space for Multifamily only
At least 30% of the actual lot area must be devoted to usable open space
Max. Building Height
35 ft.
Front Yard Setbacks
35 ft.
Side Yard Setbacks
10 ft.
Rear Yard Setbacks
30 ft.
(f) |
Additional Regulations
(1) Minimum Front Yard Setback Variances. The required front yard setback, on a lot where the new construction or alteration of a building is being considered, may be modified without a variance when the Zoning Inspector determines all of the following standards are met:
A. That the average front yard setback of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block and on the same side of the street is less than the minimum front yard setback prescribed in the applicable zoning district;
B. The modified minimum front yard setback must not be less than the average front yard depth of the lots identified in Subsection (a), above, and
C. The modified minimum front yard setback must not be less than twenty (20) feet in any district.
(2) Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.13 R-4: MULTIFAMILY RESIDENTIAL DISTRICT.
(a) |
Purpose.
This district is established to encourage high density residential development in areas served with central sewer and water, readily accessible to arterial streets and community facilities necessary to support such a density. This District permits single family, two family and multifamily dwellings.
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(1) Subordinate Structures (Section 1106.10) (2) Home Businesses, Limited (3) Single-Family Dwellings (4) Two-Family Dwellings | (2) Assisted Living Facility (Section 1105.03) (5) Child Day Care Facilities (Section 1105.16) (8) Homeless/Emergency Shelters (Section 1105.28) (9) Hospitals (Section 1105.29) (10) Multifamily Dwellings (Section 1105.40) (12) Recreational Facilities, Outdoor (Section 1105.49) (14) Residential Facilities (Section 1105.51) (18) Utilities & Associated Structures (Section 1105.65) |
(d) |
Specially Permitted Uses
None
(e) Dimensional Regulations | |
Lot and Building Height Standards | |
Min. Lot Area | Single-Family Dwelling: 6,000 sq. ft. |
Two-Family Dwelling: 10,000 sq. ft. | |
Multifamily Dwelling: • 10,000 sq. ft. for the first 3 dwelling units, plus • 1,500 sq. ft. for each unit thereafter through 10, plus •1,000 sq. ft. for units 11 through 20, plus • 800 sq. ft. for units 21 through, but not to exceed, 36. | |
Max. Density | 36 dwelling units per acre |
Min. Lot Frontage | 40 ft. |
Minimum Usage Open Space for Multifamily only | At least 30% of the actual lot area must be devoted to usable open space |
Max. Building Height | 60 ft. |
Front Yard Setbacks (Multifamily see (F)(4) | 30 ft. |
Side Yard Setbacks (Multifamily see (F)(3) | 10 ft. |
Rear Yard Setbacks (Multifamily see (f)(4) | 30 ft. |
(f) |
Additional Regulations
.
(1)
Architectural Review Requirements.
The location of some projects may be subject to review for a Certificate of Appropriateness issued by the Architectural Review Board.
(2)
Minimum Front Yard Setback Variances (currently Section 1161.03).
The required front yard setback, on a lot where the new construction or alteration of a building is being considered, may be modified without a variance when the Zoning Inspector determines all of the following standards are met:
A. That the average front yard setback of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block and on the same side of the street is less than the minimum front yard setback prescribed in the applicable zoning district;
B. The modified minimum front yard setback must not be less than the average front yard depth of the lots identified in Subsection (a), above, and
C. The modified minimum front yard setback must not be less than twenty (20) feet in any district.
(3)
Minimum Side Yard Setback of Multifamily Dwellings.
Ten (10) feet, except that where the property abuts a residential district of lower density or a public right-of-way which abuts a residential district of lower density, the minimum side yard requirement is ten (10) feet plus one foot for each two (2) feet in building height in excess of twenty (20) feet above grade.
(4)
Minimum Front Yard Setback and Rear Yard Setback of Multifamily Dwellings.
Thirty (30) feet plus one for each two (2) feet of building height in excess of two (2) stories above grade.
(5)
Additional Height for Inclusion of Parking Garage.
A building is permitted to exceed the maximum building height by up to fifteen (15) feet if a parking structure is provided underneath seventy-five percent (75%) of the building's footprint.
(6)
Home Businesses, Limited.
A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.14 R-C: HIGH DENSITY MULTIFAMILY-COMMERCIAL DISTRICT.
(a) Purpose. |
The purpose of this district is to encourage residential development at high densities and allowing compatible commercial and office activities integrally designed into the neighborhood. |
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(1) Subordinate Structures (Section 1106.10) (2) Banks and Financial Institutions (Excluding Drive-Through Facilities) (3) Home Businesses, Limited (4) Single-Family Dwellings (5) Two-Family Dwellings | (1) Assisted Living Facility (Section 1105.03) (2) Banquet Halls (Section 1105.09) (3) Bar, Tavern, Night Club, Saloon, and Similar Establishments (Section 1105.10) (4) Bed and Breakfast (Section 1105.11) (5) Business, Non-retail (Section 1105.13) (6) Business, Retail (Section 1105.14:) (7) Child Day Care Facilities (Section 1105.16) (8) Child Day Care Homes, Type A & B (Section 1105.17) (9) Drive-Thru Convenience and Beverage (Section 1105.21) (10) Funeral Homes (Without Crematories) (Section 1105.25) (11) Home Occupations (Section 1105.27) (12) Homeless/Emergency Shelters (Section 1105.28) (16) Open Air Markets/Farmers Markets (Section 1105.43) (17) Outpatient Addiction Services Facilities (Section 1105.44) (19) Recreational Facilities, Indoor (Section 1105.48) (20) Recreational Facilities, Outdoor (Section 1105.49) (22) Residential Facilities (Section 1105.51) (23) Restaurants (Section 1105.52) (26) Temporary Structures (Section 1106.15) (27) Testing/Experimental/Research Facilities (Section 1105.61) (28) Utilities & Associated Structures (Section 1105.65) |
(d) |
Specially Permitted Uses
None
(e) |
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
Single-Family Dwelling: 6,000 sq. ft.
Two-Family Dwelling: 10,000 sq. ft.
Multifamily Dwelling:
• 10,000 sq. ft. for the first 3 dwelling units, plus
• 1,500 sq. ft. for each unit thereafter through 10, plus
•1,000 sq. ft. for units 11 through 20, plus
• 800 sq. ft. for units 21 through, but not to exceed, 36.
Commercial: None Specified
Max. Density
36 dwelling units per acre
Min. Lot Frontage
40 ft.
Minimum Usage Open Space for Multifamily only
At least 30% of the actual lot area must be devoted to usable open space
Max. Building Height
60 ft.
Front Yard Setbacks
(Multifamily see (F)(5)
30 ft.
Side Yard Setbacks
(Multifamily see (F)(4)
10 ft.
Rear Yard Setbacks
(Multifamily see (f)(5)
30 ft.
(f) |
Additional Regulations
.
(1)
Architecture.
The architectural design of commercial uses must be developed with consideration given to the purposes of this district, and commercial uses must be so designed as to minimize possible disruptive effects on the character of properties abutting residential uses.
(2)
Architectural Review Requirements.
The location of some projects may be subject to review for a Certificate of Appropriateness issued by the Architectural Review Board.
(3)
Parking.
Parking for commercial uses is in addition to what is required for the multifamily dwellings. Parking areas must be designed to separate parking oriented to commercial enterprises from parking oriented to the multifamily portions of the structure.
(4)
Minimum Side Yard Setback of Multifamily Dwellings.
Ten (10) feet, except that where the property abuts a residential district of lower density or a public right-of-way which abuts a residential district of lower density, the minimum side yard requirement is ten (10) feet plus one foot for each two (2) feet in building height in excess of twenty (20) feet above grade.
(5)
Minimum Front Yard Setback and Rear Yard Setback of Multifamily Dwellings.
Thirty (30) feet plus one for each two (2) feet of building height in excess of two (2) stories above grade.
(6)
Additional Height for Inclusion of Parking Garage.
A building is permitted to exceed the maximum building height by up to fifteen (15) feet if a parking structure is provided underneath seventy-five percent (75%) of the building's footprint.
(7)
Home Businesses, Limited.
A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.15 C-R: COMMERCIAL HIGH DENSITY MULTIFAMILY RESIDENTIAL DISTRICT.
(a) Purpose. |
The purpose of this district is to encourage commercial development in the areas which have the necessary access to public services and traffic arteries along with residential development where residents can take advantage of close proximity to commercial uses. |
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(1) Subordinate Structures (Section 1106.10) (2) Banks and Financial Institutions (excluding Drive-Through Facilities) (3) Banquet Halls (4) Bar, Tavern, Night Club, Saloon, and Similar Establishments (5) Business, Non-retail (6) Business, Retail (7) Drive-Thru Convenience and Beverage (8) Home Businesses, Limited (9) Libraries (10) Recreational Facilities, Indoor (11) Restaurants (12) Schools, Public and Private | (1) Assisted Living Facility (Section 1105.03) (2) Automotive Temporary Storage (Including Rentals) (Section 1105.06) (4) Bed and Breakfast (Section 1105.11) (6) Child Day Care Facilities (Section 1105.16) (7) Child Day Care Homes, Type A & B (Section 1105.17) (9) Fraternal Societies (Section 1105.23) (12) Home Occupations (Section 1105.27) (13) Homeless/Emergency Shelters (Section 1105.28) (15) Manufacturing, Heavy (Section 1105.32) (17) Medical Marijuana, Dispensaries (Section 1105.34) (18) Medical Marijuana, Testing Laboratories (Section 1105.36) (19) Mixed Use Developments (Section 1105.38) (20) Monument Sales and Displays (Section 1105.39) (21) Multifamily Dwellings (Section 1105.40) (24) Outpatient Addiction Services Facilities (Section 1105.44) (25) Parking Lots and Garages (Not Accessory to a Use) (Section 1105.45) (26) Recreational Facilities, Outdoor (Section 1105.49) (30) Single-Family Dwellings (Section 1105.58) (32) Testing/Experimental/Research Facilities (Section 1105.61) (33) Two-Family Dwellings (Section 1105.64) (34) Utilities & Associated Structures (Section 1105.65) (35) Wholesale Clubs and Stores (Section 1105.67) |
(d) Specially Permitted Uses |
None |
(e) |
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
Single-Family Dwelling: 6,000 sq. ft.
Two-Family Dwelling: 10,000 sq. ft.
Multifamily Dwelling:
• 10,000 sq. ft. for the first 3 dwelling units, plus
• 1,500 sq. ft. for each unit thereafter through 10, plus
•1,000 sq. ft. for units 11 through 20, plus
• 800 sq. ft. for units 21 through, but not to exceed, 36.
Commercial: None
Max. Density
36 units per acre
Min. Lot Frontage
40 ft.
Minimum Usage Open Space for Multifamily only
At least 30% of the actual lot area must be devoted to usable open space
Max. Building Height
60 ft.
Front Yard Setbacks
(Multifamily see (F)(3)
30 ft.
Side Yard Setbacks
(Multifamily see (F)(2)
10 ft.
Rear Yard Setbacks
(Multifamily see (f)(3)
30 ft.
(f) |
Additional Regulations
.
(1)
Architectural Review Requirements.
The location of some projects may be subject to review for a Certificate of Appropriateness issued by the Architectural Review Board.
(2)
Minimum Side Yard Setback of Multifamily Dwellings.
Ten (10) feet, except that where the property abuts a residential district of lower density or a public right-of-way which abuts a residential district of lower density, the minimum side yard requirement is ten (10) feet plus one foot for each two (2) feet in building height in excess of twenty (20) feet above grade.
(3)
Minimum Front Yard Setback and Rear Yard Setback of Multifamily Dwellings
. Thirty (30) feet plus one for each two (2) feet of building height in excess of two (2) stories above grade.
(4)
Home Businesses, Limited
. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.16 IC-R: INTENSIVE COMMERCIAL RESIDENTIAL DISTRICT.
(a) |
Purpose.
The purpose of this district is to provide for a variety of intensive and commercial uses and to accommodate residential uses along arterial streets and areas immediately adjacent to those thoroughfares.
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(1) Subordinate Structures (Section 1106.10) (2) Banks and Financial Institutions (Excluding Drive-Through Facilities) (3) Banquet Halls (4) Bar, Tavern, Night Club, Saloon, and Similar Establishments (5) Business, Non-retail (6) Business, Retail (7) Drive-Thru Convenience and Beverage (8) Funeral Homes (Without Crematories) (9) Home Businesses, Limited (10) Libraries (11) Recreational Facilities, Indoor (12) Restaurants (13) Schools, Public and Private | (5) Automotive Washing Facilities (Section 1105.07) (6) Banks and Financial Institutions (Including Drive-Through Facilities) (Section 1105.08) (7) Bed and Breakfast (Section 1105.11) (10) Child Day Care Homes, Type A & B (Section 1105.17) (13) Gasoline Stations (Section 1105.26) (17) Hotels or Motels (Section 1105.30) (18) Manufacturing, Heavy (Section 1105.32) (19) Manufacturing, Light (Section 1105.32) (21) Medical Marijuana, Testing Laboratories (Section 1105.36) (22) Mixed Use Developments (Section 1105.38) (24) Multifamily Dwellings (Section 1105.40) (26) Open Air Markets/ Farmers Markets (Section 1105.43) (28) Parking Lots and Garages (Not Accessory to a Use) (Section 1105.45) (29) Passenger Transportation Agencies and Terminals (Section 1105.46) (30) Radio or Television Broadcasting Stations (Section 1105.47) (33) Residential Facilities (Section 1105.51) (34) Rooming and Boarding Houses (Section 1105.54) (35) Single-Family Dwellings (Section 1105.58) (37) Testing/Experimental/Research Facilities (Section 1105.61) (42) Veterinarian Hospitals or Clinics (Section 1105.66) |
(d) |
Specially Permitted Uses
None
(e) Dimensional Regulations | |
Lot and Building Height Standards | |
Min. Lot Area | Single-Family Dwelling: 6,000 sq. ft. |
Two-Family Dwelling: 10,000 sq. ft. | |
Multifamily Dwelling: • 10,000 sq. ft. for the first 3 dwelling units, plus • 1,500 sq. ft. for each unit thereafter through 10, plus •1,000 sq. ft. for units 11 through 20, | |
Commercial: None | |
Max. Density | 20 units per acre |
Min. Lot Frontage | 40 ft. |
Minimum Usage Open Space for Multifamily only | At least 30% of the actual lot area must be devoted to usable open space |
Max. Building Height | 60 ft. |
Front Yard Setbacks (Multifamily see (F)(2) | 30 ft. |
Side Yard Setbacks (Multifamily see (F)(1) | 10 ft. |
Rear Yard Setbacks (Multifamily see (f)(2) | 30 ft. |
(f) |
Additional Regulations
.
(1)
Minimum Side Yard Setback of Multifamily Dwellings.
Ten (10) feet, except that where the property abuts a residential district of lower density or a public right-of-way which abuts a residential district of lower density, the minimum side yard requirement is ten (10) feet plus one foot for each two (2) feet in building height in excess of twenty (20) feet above grade.
(2)
Minimum Front Yard Setback and Rear Yard Setback of Multifamily Dwellings.
Thirty (30) feet plus one for each two (2) feet of building height in excess of two (2) stories above grade.
(3)
Home Businesses, Limited.
A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.17 C: COMMERCIAL DISTRICT.
(a) Purpose. |
The purpose of this district is to promote and encourage planned and integrated groupings of retail and service activities providing goods and services to the community. |
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(1) Subordinate Structures (Section 1106.10) (2) Banks and Financial Institutions (Excluding Drive-Through Facilities) (3) Banquet Halls (4) Bar, Tavern, Night Club, Saloon, and Similar Establishments (5) Business, Non-retail (6) Business, Retail (7) Drive-Thru Convenience and Beverage (8) Funeral Homes (Without Crematories) (9) Home Businesses, Limited (10) Hospitals (11) Libraries (12) Recreational Facilities, Indoor (13) Restaurants (14) Schools, Public and Private | (1) Automotive, Mobile Home, Trailer, and/or Farm Implement Sales (Section 1105.04) (7) Bed and Breakfast (Section 1105.11) (8) Building Materials, Sales Yard, and Lumber Yards (Section 1105.12) (9) Child Day Care Facilities (Section 1105.16) (10) Crematories (Section 1105.18) (11) Fraternal Societies (Section 1105.23) (13) Hotels or Motels (Section 1105.30) (14) Manufacturing, Heavy (Section 1105.32) (16) Medical Marijuana, Cultivator Level II (Section 1105.33) (17) Medical Marijuana, Dispensaries (Section 1105.34) (18) Medical Marijuana, Testing Laboratories (Section 1105.36) (19) Microbreweries; Microbreweries, Limited Food Service (Section 1105.37) (20) Mixed Use Developments (Section 1105.38) (21) Monument Sales and Displays (Section 1105.39) (22) Nursery & Greenhouses (with Retail) (Section 1105.41) (23) Open Air Markets/Farmers Markets (Section 1105.43) (25) Parking Lots and Garages (Not Accessory to a Use) (Section 1105.45) (26) Passenger Transportation Agencies and Terminals (Section 1105.46) (30) Residential Facilities (Section 1105.51) (32) Testing/Experimental/Research Facilities (Section 1105.61) (33) Tool and Equipment Rentals (Section 1105.62) (34) Truck Servicing (Section 1105.05) (36) Veterinarian Hospitals or Clinics (Section 1105.66) |
(d) |
Specially Permitted Uses
None
(e) |
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
None
Max. Density
None
Min. Lot Frontage
None
Max. Building Height
60 ft.
Front Yard Setbacks
10 ft.
Side Yard Setbacks
15 ft.
Rear Yard Setbacks
25 ft.
(f) |
Additional Regulations
.
None
(Ord. 2021-057. Passed 6-16-21; Ord. 2022-132. Passed 12-21-22; Ord. 2025-080. Passed 8-20-25.)
1103.18 C-D: COMMERCIAL DOWNTOWN DISTRICT.
(a) |
Purpose.
This district is hereby established to encourage the development, redevelopment and use of properties in a manner compatible with the character of the downtown area and consistent with the protection and enhancement of property values.
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(1) Subordinate Structures (Section 1106.10) (2) Banks and Financial Institutions (Excluding Drive-Through Facilities) (3) Banquet Halls (4) Bar, Tavern, Night Club, Saloon, and Similar Establishments (5) Business, Non-retail (6) Business, Retail (7) Drive-Thru Convenience and Beverage (8) Home Businesses, Limited (9) Libraries (10) Recreational Facilities, Indoor (11) Restaurants | (2) Bed and Breakfast (Section 1105.11) (3) Child Day Care Facilities (Section 1105.16) (4) Fraternal Societies (Section 1105.23) (5) Funeral Homes (Without Crematories) (Section 1105.25) (7) Hotels or Motels (Section 1105.30) (8) Manufacturing, Light (Section 1105.32) (9) Mixed Use Developments (Section 1105.38) (11) Open Air Markets/Farmers Markets (Section 1105.43) (12) Outpatient Addiction Services Facilities (Section 1105.44) (15) Radio or Television Broadcasting Stations (Section 1105.47) (16) Recreational Facilities, Outdoor (Section 1105.49) (18) Rooming and Boarding Houses (Section 1105.54) (20) Temporary Structures (Section 1106.15) (21) Testing/Experimental/Research Facilities (Section 1105.61) |
(d) |
Specially Permitted Uses
None
(e) Dimensional Regulations | |
Lot and Building Height Standards | |
Min. Lot Area | None required |
Max. Density | None |
Min. Lot Width at Building Line | None required |
Min. Lot Frontage | None required |
Max. Building Height | 2 stories or 20 ft. minimum; 60 feet maximum |
Front Yard Setbacks | (3) below |
Side Yard Setbacks | (4) below |
Rear Yard Setbacks | (4) below |
(f) Additional Regulations. |
(1) Parking and Loading Requirements. Uses specified under Section 1103.18:
herein are not required to comply with the off-street parking requirements of Chapter 1107:, however: A. Any new development or new use must provide a parking plan detailing both customer and employee parking arrangements. The parking plan must designate the off street and/or on street parking spaces to be allotted for customer and employee use. B. If an applicant chooses to construct a parking lot, the applicant must comply with the requirements of Section 1107.03
: and Section 1107.08
:. C. The Planning Commission must approve the Parking Management Plan prior to final project approval. D. Where a final Parking Management Plan is approved by the Planning Commission, the applicant must covenant to ensure continued compliance with the final approved plan. |
(2) Architectural Review Requirements. The location of some projects may be subject to review for a Certificate of Appropriateness issued by the Architectural Review Board. |
(3) Minimum Front Yard Setback. No setback from the front building line of a parcel is permitted except to allow for a pedestrian use area or for variations in entry features. Buildings must be built flush with the sidewalk and have their facades aligned with, and when possible, jointed to those of adjacent buildings. |
(4) Minimum Side Yard Setback and Rear Yard Setback. Side and rear yards adjacent to residential districts and not separated by a public right-of-way must meet the setback requirements of the adjacent residential district. A building not sharing a common wall with an adjacent building must maintain the minimum separation specified in the building code. |
(5) Additional Height for Inclusion of Parking Garage. A building is permitted to exceed the maximum building height by up to fifteen (15) feet if a parking structure is provided underneath seventy-five percent (75%) of the building's footprint. |
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.19 N-C: NEIGHBORHOOD COMMERCIAL DISTRICT.
(a) Purpose. |
This district is hereby established to encourage the development, redevelopment, and use of properties in a manner compatible with the character of limited commercial areas situated in certain neighborhoods throughout the City. |
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(1) Subordinate Structures (Section 1106.10) (2) Banks and Financial Institutions (Excluding Drive-Through Facilities) (3) Business, Non-retail (4) Home Businesses, Limited (5) Libraries (6) Single-Family Dwellings (7) Two-Family Dwellings | (1) Banquet Halls (Section 1105.09) (2) Bar, Tavern, Night Club, Saloon, and Similar Establishments (Section 1105.10) (10) Mixed Use Developments (Section 1105.38) (11) Multifamily Dwellings (Section 1105.40) (12) Outpatient Addiction Services Facilities (Section 1105.44) |
(d) |
Specially Permitted Uses
None
(e) |
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
Single-Family Dwelling: 6,000 sq. ft.
Two-Family Dwelling: 10,000 sq. ft.
Multifamily and Commercial: None specified
Max. Density
None
Min. Lot Frontage
Single-Family and Two-Family Dwelling: 40 ft.
Multifamily and Commercial: None specified
Building Height
2 stories or 20 ft. minimum; 45 feet maximum
Front Yard Setbacks
(Multifamily & Commercial see (F)(3)
30 ft.
Side Yard Setbacks
(Multifamily & Commercial see (F)(3)
10 ft.
Rear Yard Setbacks
(Multifamily & Commercial see (f)(3)
30 ft.
(f) Additional Regulations |
A. Any new development or new use must provide a parking plan detailing both customer and employee parking arrangements. The parking plan must designate the off-street and/or on-street parking spaces to be allotted for customer and employee use. B. If an applicant chooses to construct a parking lot, the applicant must comply with the requirements of Section 1107.03
: and Section 1107.08:
. C. The Planning Commission must approve the Parking Management Plan prior to final project approval. D. Where a final Parking Management Plan is approved by the Planning Commission, the applicant must covenant to ensure continued compliance with the final approved plan. |
(2) Architectural Review Requirements. The location of some projects may be subject to review for a Certificate of Appropriateness issued by the Architectural Review Board. |
(3) Minimum Yard Setbacks of Multifamily Dwellings and Commercial Development. A. Minimum Front Yard Setback. The Planning Commission may allow up to a zero-lot line setback in areas where such setbacks currently exist. Otherwise, the minimum front yard depth is thirty (30) feet. B. Minimum Side Yard Setback. The Planning Commission may allow up to a zero-lot line setback in areas where the side yard of the proposed use does not abut an adjoining residential use. Otherwise, the minimum side yard width is ten (10) feet. C. Minimum Rear Yard Setback. The Planning Commission may allow up to a zero-lot line setback in areas where the rear yard of the proposed use does not abut an adjoining residential use. Otherwise, the minimum rear yard depth is thirty (30) feet. |
(4) Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business. |
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.20 U: UNIVERSITY DISTRICT.
(a) |
Purpose.
The purpose of this district is to provide for a variety of public and private uses which may be carried on as part of, or benefit from being, located in close proximity to a college or university.
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(2) Banks and Financial Institutions (Excluding Drive-Through Facilities) (3) Business, Non-retail (4) Home Businesses, Limited (5) Libraries (6) Recreational Facilities, Indoor (7) Schools, Public and Private | (1) Apartment Complexes (Section 1105.02) (2) Bed and Breakfast (Section 1105.11) (3) Child Day Care Facilities (Section 1105.16) (5) Fraternal Societies (Section 1105.23) (6) Fraternity or Sorority Houses (Section 1105.24) (8) Hospitals (Section 1105.29) (9) Mixed Use Developments (Section 1105.38) (10) Multifamily Dwellings (Section 1105.40) (11) Recreational Facilities, Outdoor (Section 1105.49) (13) Residential Facilities (Section 1105.51) (14) Roadside Stands (Section 1105.53) (15) Single-Family Dwellings (Section 1105.58) (16) Temporary Structures (Section 1106.15) (17) Testing/Experimental/Research Facilities (Section 1105.61) (18) Two-Family Dwellings (Section 1105.64) (19) Utilities & Associated Structures (Section 1105.65) |
(d) |
Specially Permitted Uses
None
(e) |
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
0.5 acre
Max. Density
None
Min. Lot Frontage
80 ft.
Multifamily and Commercial: None specified
Building Height
60 ft.
Front Yard Setbacks
60 ft.
Side Yard Setbacks
25 ft.
Rear Yard Setbacks
50 ft.
(f) |
Additional Regulations
(1) Minimum Side Yard Setbacks and Rear Yard Setbacks. The minimum side yard width and rear yard depth abutting a residential district or a public right-of-way which abuts a residential district must not be less than the yard required in the residential district. The first twenty-five (25) feet abutting the side or rear property line must be landscaped and maintained. The remaining space must be open and not used for any storage other than the parking of vehicles.
(2) Additional Height for Inclusion of Parking Garage. A building is permitted to exceed the maximum building height by up to fifteen (15) feet if a parking structure is provided underneath seventy-five percent (75%) of the building's footprint.
(3) Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
(Ord. 2021-057. Passed 6-16-21; Ord. 2025-080. Passed 8-20-25.)
1103.21 R-T-O: RESEARCH, TECHNOLOGY AND OFFICE DISTRICT.
(a) |
Purpose.
Purposes of the I-R District is to provide an environment exclusively for and conducive to the development and protection of modern, administrative facilities and research institutions that are office like in physical appearance and service requirements.
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(2) Banks and Financial Institutions (Excluding Drive-Through Facilities) (3) Business, Non-retail (4) Testing/Experimental/Research Facilities | (2) Child Day Care Facilities (Section 1105.16) (4) Medical Marijuana, Testing Laboratories (Section 1105.36) (5) Microbreweries; Microbreweries, Limited Food Service (Section 1105.37) |
(d) |
Specially Permitted Uses
None
(e) Dimensional Regulations | |
Lot and Building Height Standards | |
Min. Lot Area | 0.5 acre |
Max. Density | None |
Min. Lot Frontage | 80 ft. |
Max. Building Height | 50 ft. |
Front Yard Setbacks | 60 ft. |
Side Yard Setbacks | 25 ft. |
Rear Yard Setbacks | 50 ft. |
(f) |
Additional Regulations
(1) Minimum Side Yard Setbacks and Rear Yard Setbacks. The minimum side yard width and rear yard depth abutting a residential district or a public right-of-way which abuts a residential district must not be less than the yard required in the residential district. The first twenty-five (25) feet abutting the side or rear property line must be landscaped and maintained. The remaining space must be open and not used for any storage other than the parking of vehicles.
(Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22; Ord. 2022-132. Passed 12-21-22; Ord. 2025-080. Passed 8-20-25.)
1103.22 I: INDUSTRIAL DISTRICT.
(a) Purpose. |
The I District is established to provide for and accommodate industrial uses that are existing or characterized by: (1) The availability of public services, particularly public water and sewer service; (2) Adequate room for expansion; (3) Adequate buffering from surrounding land uses; (4) Adequate transportation for employees and the shipping and receiving of materials is directly accessible; and |
(b) Permitted Principal Uses | (c) Conditionally Permitted Uses |
(2) Fuel, Food and Goods Distribution Station, Warehouse, and Storage (3) Funeral Homes (Without Crematories) (4) Manufacturing, Heavy (5) Manufacturing, Light (6) Microbreweries; Microbreweries, Limited Food Service (7) Monument Sales and Displays (8) Nursery & Greenhouses, With or Without Retail Sales (9) Parking Lots and Garages (Not Accessory to a Use) (10) Recreational Facilities, Indoor (11) Recycling Centers (12) (EDITOR’S NOTE: Former subsection (b)(12) was deleted by Ordinance 2022-099, passed September 21, 2022.) (13) Testing/Experimental/Research Facilities (14) Tool and Equipment Rentals (15) Veterinarian Hospitals or Clinics (16) Warehouses | (1) Airports, Airfields, and Landing Strips (Section 1105.01) (4) Automotive Temporary Storage (Including Rentals) (Section 1105.06) (6) Child Day Care Facilities (Section 1105.16) (8) Domesticated Animal Kennels (Section 1105.19) (10) Fraternal Societies (Section 1105.23) (11) Junk Yard, Scrap Yard, and Impound lots (Section 1105.31) (12) Medical Marijuana, Cultivator Level I (Section 1105.33) (13) Medical Marijuana, Cultivator Level II (Section 1105.33) (15) Medical Marijuana, Testing Laboratories (Section 1105.36) (16) Oil and Gas Wells, Drilling, and Operations (Section 1105.42) (17) Open Air Markets/Farmers Markets (Section 1105.43) (21) Storage Units and Storage Locker Facilities (Section 1105.59) (22) Temporary Structures (Section 1106.15) (24) Truck Servicing (Section 1105.05) (25) Utilities & Associated Structures (Section 1105.65) (26) Vape Shops (27) Adult Use Cannabis (Recreational) Facility |
(d) Special Uses |
(1) Sexually Oriented Uses and Businesses (Section 1105.57) |
(e) |
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
0.5 acre
Min. Lot Width at Building Line
100 ft.
Min. Lot Frontage
80 ft.
Max. Building Height
60 ft.
Front Yard Setbacks
50 ft.
Side Yard Setbacks
25 ft.
Rear Yard Setbacks
25 ft.
(f) |
Additional Regulations
(1) Minimum Side Yard Setbacks and Rear Yard Setbacks. The minimum side yard width and rear yard depth abutting a residential district or a public right-of-way which abuts a residential district is one hundred (100) feet. At least a fifty (50) foot wide strip in the 100-foot yard must be planted and maintained for screening or camouflaging purposes according to the following specifications:
A. The fifty (50) foot wide strip must be planted with pine, Norway Spruce, or other plants of similar screening value.
B. Such tree must be planted on a staggered pattern with no more than ten (10) feet between trees.
C. Trees must be of a species and size that will produce within two (2) years a dense screen barrier at least eight (8) feet in height.
D. The fifty (50) foot wide planting strips must be so located as to achieve the greatest screening or camouflaging effect. The dense screen buffer must be maintained and any plant material which does not live must be replaced within one (1) year. The side and rear yard area within the planting strip may be used for off street parking and loading space.
(2) Additional Height for Inclusion of Parking Garage. A building is permitted to exceed the maximum building height by up to fifteen (15) feet if a parking structure is provided underneath seventy-five percent (75%) of the building's footprint.
(Ord. 2021-057. Passed 6-16-21; Ord. 2022-132. Passed 12-21-22; Ord. 2024-058. Passed 6-19-24; Ord. 2025-080. Passed 8-20-25.)
1104.01 ARCHITECTURAL DESIGN REVIEW OVERLAY DISTRICTS.
An overlay district is a district superimposed over one or more zoning districts or part of a district(s) that imposes additional requirements that apply to the underlying zone(s).
(a) Purpose. The purpose of this Section is to
(1) Designate and define one or more Architectural Design Overlay Districts within the City of Kent; and
(2) To define the process for amending existing overlay districts; and
(3) Designate new overlay districts.
(b) Design Guidelines. This Section works in conjunction with Section 1111.04 of this Code and utilizes the Design Guidelines adopted by reference herein for each individual overlay district. Appendix A: Design guidelines for the Kent Design Overlay District.
(c) Applicability. The provisions of this Section and related sections of the Code are applicable to properties located within the Architectural Design Review Overlay District subject to Section 1111.04. All such projects must obtain a Certificate of Appropriateness from the Architectural Review Board prior to submitting applications for other additional reviews which may be required, including Site Plan Review (Section 1111.02
(d)), Conditional Zoning Certificates (Section 1111.01
(c)(3)C.), Sign Permits (Section 1109.04),
Zoning Permits (Section 1111.01
(c)) or Building Permits.
(d) Architectural Design Review Overlay Districts. The City may designate one or more areas within the corporation limits of the City of Kent as an Architectural Design Review Overlay District.
(1) Downtown / West River Overlay District. This overlay district is subject to "The Design Guidelines for the Kent Design Overlay District," (Appendix A) as adopted by Kent City Council on November 18, 2009 and any amendments thereto. The area of the City to be incorporated into this district is shown in Figure 12.
(2) Reserved for future overlay district.
(e) Amendments/Additional Districts.
(1) Any overlay district may be amended upon the approval of Kent City Council;
(2) Additional overlay districts may be created upon approval of Kent City Council, pursuant to the procedures in Section 1112.01
.
(3) The following entities may propose an amendment to an existing overlay district or the creation of a new overlay district:
A. The Architectural Review Board;
B. Planning Commission; City staff; or
C. Property owners within the geographic area of an existing or proposed overlay district providing that the property owners have obtained signatures supporting the proposal of no less than fifty-one percent (51%) of the properties in the overlay district.
(Ord. 2021-057. Passed 6-16-21.)
(f) Downtown/West River Overlay District Exterior Design Requirements.
(1) Signs and Lighting.
A. Box and cabinet wall signs are prohibited.
B. Internally lit signs are prohibited.
C. Wall and blade signs for street level and second story uses must be externally lit.
D. Wall and blade signs must use dimensional letter forms, a minimum of a half-inch in depth, and cannot be painted acrylic.
E. Back-lit/halo illumination signs can be installed on buildings with a minimum of three (3) or more stories, measured from street level finished grade, and that contain commercial or mixed uses.
F. Containing commercial or mixed uses and with a minimum of three (3) or more stories, measured from street level finished grade.
(2) Building Design: Exterior Elements, Materials and Massing.
A. Street level/first floor height requirement, measured at grade, is a minimum of twelve (12) feet. Lower street level height is permitted only if the height is the same as abutting properties.
B. Materials used on the street level/first floor, measured at grade, building façade frontage must be constructed of durable materials, including but not limited to masonry, stone or other material that requires minimal maintenance. Use of stucco, fiber cement siding, or insulated finishing systems (i.e. vinyl siding) is prohibited on the street level/first floor and the second story building façade frontage.
C. Street level/first floor, measured at grade, building facade frontage must incorporate a first or second story façade projection or recessed offset of six to eighteen (6-18) inches to differentiate the street level/first floor and/or second story from the upper floors.
D. Newly constructed buildings must incorporate a minimum of two (2) building features on the building façade frontage that are visible on abutting properties. Building features include, but are not limited to, choice of building materials, arches, pilasters, columns, cornices, window style/sizing, door style and fixed appurtenances such as canopies and lighting fixtures.
E. Newly constructed buildings with a height more than two (2) feet taller than existing abutting properties must step back stories above thirty-five (35) feet, measured at grade.
(3) Street Level Windows and Entrances.
A. All windows on the street level/first floor, measured at grade, building façade frontage must provide views that allows the public visibility of the interior.
B. Windows must be constructed of clear or lightly tinted glass. Any tinting of windows must allow a minimum of eighty percent (80%) of sunlight to pass through windows located on the street level/first floor, measured at grade. Reflective glass is prohibited.
C. Windows located on the street level/first floor, measured at grade, building façade frontage must have a minimum of eighteen (18) inches between grade and the bottom sills of the windows.
D. A minimum of fifty percent (50%) of the street level/first floor, measured at grade, building façade frontage facing a public street must be comprised of windows. All horizontally proportioned windows on the street level/first floor must be divided into vertically proportioned components through the use of multi-part window components such as mullions, muntins or grilles.
E. A minimum of one (1) entrance located on the building façade frontage must orient towards the public street and be differentiated from the abutting façade through the inclusion of a projected entranceway feature, including but not limited to a, canopy, portico, overhang, or cover.
(Ord. 2025-080. Passed 8-20-25.)
1104.02 PRESERVATION ALTERNATE.
(a) Purpose. The provisions of this Section have been created with the purpose of:
(1) Preserving the single-family residential character of the City;
(2) Providing for attractive and interesting residential developments and redevelopment with the integration of compact, limited, neighborhood-oriented commercial uses;
(3) Encouraging greater flexibility in design; and
(4) Permitting creative and innovative utilization of space and environmental conditions to obtain a more desirable residential environment than may be possible through the strict application of the minimum requirements of the R-1, R-2, R-3 and R-4 Districts.
(b) Preservation area as used in this Section refers to the construction of single-family dwelling units in a unified and harmonious arrangement as reflected on a plan indicating all dwelling units within a specific development area.
(c) Applicability of Preservation Alternate standards. The provisions of this Section apply whenever an owner or developer elects to submit plans in accordance with the following provisions:
(1) Preserve or protect natural features or environmentally sensitive areas of land proposed to be developed.
(2) Provide for the open space or recreational needs of the proposed development.
(3) Provide for the safety of those utilizing pedestrian and vehicular circulation routes.
(4) Assure an arrangement or placement of improvements and/or dwelling units on the land area proposed to be developed which will be functional and serviceable.
(5) Provide an integration of land uses and architecture that enhance the quality of life for the neighborhood.
(6) Ensure that the project will not significantly impact the use of the land area proposed to be developed when considered as a whole for the purposes and to the extent permitted under this Code.
(7) The use of these provisions is not a matter of right for properties zoned R-1, R-2, R-3, and R-4 but may be permitted at the discretion of the Planning Commission.
(d) Preservation Alternate Requirements. The following criteria are established to guide and control the planning, development, and use of land in a Preservation Alternate development.
(1) Permitted Uses: The uses permitted are those residential uses normally permitted in the zoning district provided, however, that the following additional uses are permitted in preservation areas:
A. Common open space.
B. Recreational Areas and Facilities. Recreational facilities, specifically community center buildings, may be included in the overall site plan and be identified as a community service for purposes of square foot calculations.
C. Guest parking areas.
D. Commercial uses that are ancillary and compatible with the primary residential use in the proposed preservation area.
(2) Minimum Area. The minimum area to qualify for Preservation Alternate development is at least two (2) contiguous acres.
(3) Maximum Density. The maximum residential density of the entire development area is 2.0 dwelling units per acre on land zoned R-1, 3.0 dwelling units per acre on land zoned R-2, and 8.0 dwelling units per acre on land zoned R-3 and R-4.
(4) Required Open Space. In any Preservation Alternate development, the total public or common open space area must be at least thirty (30) percent of the gross acreage of the entire development area. Planning Commission may grant a variance from this requirement as part of site plan review and approval.
(5) Building Arrangement. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage variety in the arrangement and shape of buildings, configuration of lots, open space, and landscape features. Single-family dwellings may be attached, arranged in various groups, courts, sequences, or clusters with open spaces organized and related to the dwellings to provide privacy and to form a unified composition of buildings and space.
(6) Lot and Yard Requirements.
A. The front yard setback for each dwelling unit shall not be less than twenty-five (25) feet from the front property line.
B. The Planning Commission may allow up to a zero-lot line setback for side and rear yards.
C. No dwelling unit within a Preservation Alternate development shall be located less than twenty (20) feet from any boundary line of said Preservation Alternate.
(7) Access and Vehicular Circulation. Each preservation area of single-family dwelling units must be served by a dedicated street. The maximum right-of-way width for public streets in a Preservation Alternate Development is sixty (60) feet.
(8) Each dwelling unit is accessible, by means of a private drive, to service emergency vehicles in a manner acceptable to the Community Development and Fire Departments.
(9) Parking.
A. Parking is required in accordance with the requirements set forth in Chapter 1107, provided, however, that for each dwelling unit at least one (1) of the required parking spaces must be in a completely enclosed garage.
B. The Planning Commission may require additional off-street guest parking areas if it determines that such additional parking is necessary to adequately serve the needs of the preservation area. Such guest parking must be designed and located to protect the residential character of the preservation area and the surrounding neighborhood and may incorporate pervious parking surfaces acceptable to the Community Development Department.
C. Parking for commercial uses permitted under Section 1104.02
(d)(1)D., must be constructed to provide a maximum of one (1) parking space for every five hundred (500) sq. ft. of building floor area. Parking areas servicing the commercial development must be separated from adjacent residential uses and must be screened and landscaped pursuant to Chapter 1108: in a manner acceptable to the Planning Commission.
D. Parking surfaces for vehicles and/or bicycles may be constructed of pervious parking surfaces as approved by the Community Development Department.
(10) Commercial Use Limitations. The following limitations apply to any commercial development permitted under Section 1104.02
(d)(1)D.:
A. Maximum Area. The total area of the site that may be developed commercially as provided in this Section must not exceed ten percent (10%) of the total (gross) area of the development site.
B. Location and Continuity. The Planning Commission may only permit commercial development in areas that abut arterial and collector streets.
C. Deed Restrictions/Property Maintenance. The developer is required to deed restrict the use of the commercial portion of the property to those uses approved by the Planning Commission and consistent with the provisions of this Section. The developer must also provide restrictive covenants or other provisions guaranteeing the perpetual maintenance of the commercial development, including but not limited to the type of commercial signage permitted, the architectural design of the buildings, homeowner /condominium association(s) roles and responsibilities in property management, placement of conservation easements and any other provisions deemed necessary by the developer and/or the Planning Commission.
D. Signage. The following limitations apply to all signage within the commercial development area of the Preservation Alternate:
Monument Sign. One (1) on-site monument sign with a maximum size of 32 square feet; six (6) feet maximum height from ground to top, including any framing. Such sign may be illuminated from the ground pursuant to Section 1109.12
. Neither sign nor illumination may flash, rotate, scroll, be animated, or otherwise move.
Wall Signs.
• One (1) wall sign per establishment with an area not to exceed one (1) square foot of signage per linear foot of establishment frontage. These signs must not be illuminated.
• Signage may be placed on a non-illuminated cloth awning and substitute for any available wall sign.
Prohibited Signs.
• Any sign now or hereafter which no longer advertises a bona fide on-site business must be removed within thirty (30) days of the cessation of that business or within ten (10) days of written notification of the Zoning Inspector, whichever comes first. Should the sign not be removed within the specified time period, the Zoning Inspector has the authority to cause removal of said signage and any expense incident thereto must be paid by the owner of the property on which the sign is located.
E. Lighting. Lighting in the commercial lighting area must be via decorative lampposts. Security lighting may be placed on walls or in-ground, in consultation with and approval of the Community Development and Police Departments. Such illumination must not cause glare upon the street or adjacent residential properties.
(e) Application and Review Procedures. Applications for Preservation Alternate development must be submitted for review and approval in accordance with the provisions of this section.
(1) Pre-application Conference. Prior to formal submission of an application and development plans for a Preservation Alternate development, the applicant is encouraged to participate in an informational pre-application conference with appropriate City staff.
(2) Application. The owner or developer must submit to the Community Development Department an application for Preservation Alternate development. Said application must include:
A. Any required fee(s).
B. Eighteen (18) copies of the Preliminary Development Plan.
C. The proposed forms of covenants and deed restrictions, including those with respect to the use and perpetual maintenance of common land and/or private streets.
(3) Preliminary Development Plan Requirements. Preliminary Development Plans submitted with applications for Preservation Alternate developments must be prepared by persons professionally qualified to prepare such plans and must include:
A. The name(s) and address(es) of the owner(s) and developer(s).
B. A scale, north arrow, and date.
C. The proposed assignment of use and subdivision of land, including the proposed locations of any non-residential buildings.
D. The proposed vehicular, bicycle and pedestrian traffic patterns, including the proposed location and design of public streets and easements. The names, locations, and dimensions of existing streets and easements.
E. Preliminary plans for provisions of utilities.
F. Proposed parking layout, including ingress and egress.
G. A boundary survey of the entire proposed Preservation Alternate development.
H. The proposed dimensions of all lots.
I. Topography showing contours at an interval of two (2) feet or less.
J. A table showing the total number of acres to be developed and the amount of acreage to be used for each type of use, including lots, streets, parking areas, recreational and open space areas, and other facilities. Such table must list the total number of dwellings proposed.
K. Identification of natural features, water courses, wetlands, and flood areas.
L. Anticipated development phasing and scheduling.
M. Preliminary plans for the installation of landscaping.
(Ord. 2021-057. Passed 6-16-21.)
1105.01 ADULT USE CANNABIS (RECREATIONAL) FACILITIES.
(a) Potential Concerns.
(1) Hours of operation.
(b) Conditions.
(1) Such uses must be conducted at least five hundred (500) feet from any residential district.
(2) The operation and maintenance of such use must be such that they will not be hazardous, noxious, or offensive due to emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matters or water-carried wastes.
(3) Every adult use cannabis facility must comply with all licensing requirements of the Ohio Revised Code Chapter 3780 et seq., as amended. Such facilities must operate in compliance with every State of Ohio law and City ordinance.
(4) Every adult use cannabis facility must not be located within five hundred (500) feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park. This does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
(5) Every adult use cannabis facility must not be located within five hundred (500) feet of a community addiction services provider.
(6) Every adult use cannabis facility must not be located within five hundred (500) feet of another adult cannabis facility.
(Ord. 2024-058. Passed 6-19-24.)
1105.02 AIRPORTS, AIRFIELDS, AND LANDING STRIPS.
(a) Potential Concerns.
(1) Aircraft Noise.
(2) Dust from operations.
(3) Lighting.
(4) Proximity of aircraft on the ground to lot lines and adjacent uses.
(b) Conditions.
(1) Setbacks for all structures and taxi areas must be located at least one hundred (100) feet from all property lines.
(2) Setbacks for all runways must be at least three hundred (300) feet from all property lines.
(3) Such uses must abut nonresidential uses such as commercial, industrial, or recreation.
(Ord. 2021-057. Passed 6-16-21.)
1105.03 APARTMENT COMPLEXES.
(a) Potential Concerns.
(1) Providing sufficient open space/green space.
(b) Conditions.
(1) Each dwelling unit may not contain more than four (4) unrelated individuals or a single household unit as defined in this Code.
(2) Each dwelling unit must have independent cooking facilities for the exclusive use of the individuals occupying that dwelling unit.
(Ord. 2021-057. Passed 6-16-21.)
1105.04 ASSISTED LIVING FACILITY.
(a) Potential Concerns.
(1) On-site security.
(b) Conditions.
(1) No more than twenty (20) beds per acre.
(Ord. 2021-057. Passed 6-16-21.)
1105.05 AUTOMOBILE, MOBILE HOME, TRAILER, AND/OR FARM IMPLEMENT SALES.
(a) Potential Concerns.
(1) Overflow parking of inventory.
(2) Screening from residential uses.
(3) Loudspeakers.
(4) Storage of inoperable vehicles (i.e., a vehicle that is not currently registered or is currently unable to be operated safely on a public street).
(b) Conditions.
(1) Such developments must be located on arterial streets or at intersections of arterial and/or collector thoroughfares.
(2) Vehicles being serviced or waiting to be serviced must not be stored in an unenclosed area for more than seven (7) days.
(Ord. 2021-057. Passed 6-16-21.)
1105.06 AUTOMOTIVE REPAIR, MAJOR AND MINOR.
(a) Potential Concerns.
(1) Proper design of vehicle management areas.
(2) Proximity of service areas to abutting uses.
(3) Outdoor sales and storage.
(4) Tow truck storage.
(b) Conditions.
(1) Trailers, trucks, other automotive equipment, or rental equipment that are stored on or rented from the premises for more than twenty-four (24) hours, must be located behind the primary structure.
(2) Such developments must be located on arterial streets or at intersections of arterial and/or collector thoroughfares.
(3) All disassembly, service, and assembly of vehicles must be within a completely enclosed structure.
(4) All service equipment and supplies must be completely within an enclosed structure.
(5) Vehicles being serviced or waiting to be serviced must not be stored in an unenclosed area for more than seven (7) days.
(Ord. 2021-057. Passed 6-16-21.)
1105.07 AUTOMOTIVE TEMPORARY STORAGE (INCLUDING RENTALS).
(a) Potential Concerns.
(1) Lighting.
(2) Deliveries.
(3) Proximity to Primary Sales Office.
(4) Noise.
(5) Traffic.
(b) Conditions.
(1) Such developments must be located on arterial streets or at intersections of arterial and/or collector thoroughfares.
(2) No storage of disabled vehicles.
(Ord. 2021-057. Passed 6-16-21.)
1105.08 AUTOMOTIVE WASHING FACILITIES (CAR WASH).
(a) Potential Concerns.
(1) Design of vehicle management area.
(2) Screening from residential uses.
(3) Lighting.
(4) Hours of Operation.
(5) Noise.
(6) Traffic.
(b) Conditions.
(1) Wash bays and outdoor equipment (such as vacuums and air pumps) must be setback one hundred (100) feet from a residential zoning district.
(2) Such developments must be located on arterial streets or at intersections of arterial and/or collector thoroughfares.
(Ord. 2021-057. Passed 6-16-21.)
1105.09 BANKS AND FINANCIAL INSTITUTIONS (INCLUDING DRIVE-THROUGH FACILITIES).
(a) Potential Concerns.
(1) Design of vehicle management area.
(2) Noise from operations (vehicle and communication systems).
(3) Screening from abutting uses.
(4) Drive-through stations located next to residential zoning districts.
(Ord. 2021-057. Passed 6-16-21.)
1105.10 BANQUET HALLS.
(a) Potential Concerns.
(1) Hours of operation.
(2) Event parking.
(3) Traffic Management.
(Ord. 2021-057. Passed 6-16-21.)
1105.11 BAR, TAVERN, NIGHT CLUB, SALOON, AND SIMILAR ESTABLISHMENTS.
(a) Potential Concerns.
(1) Traffic.
(2) Noise from operations.
(3) Location and adequacy of dumpsters.
(4) Parking.
(5) Hours of Operation.
(Ord. 2021-057. Passed 6-16-21.)
1105.12 BED AND BREAKFAST.
(a) Potential Concerns.
(1) Appropriate number of rooms for the structure and the neighborhood in which it is proposed.
(2) Location of separate entrances for guests.
(b) Conditions.
(1) No more than six (6) bedrooms for rent.
(2) A minimum of one (1) parking space must be provided for each rented bedroom in addition to the two (2) spaces required for the owner-occupant. See Chapter 1107.
(3) At least one meal must be provided to guests on site.
(4) The operator of the bed & breakfast facility must be the owner of record and hold no less than fifty percent (50%) interest in the property. The owner must occupy the bed and breakfast property.
(5) The same guest or group of registrants cannot stay at the facility for a period of more than fourteen (14) consecutive days or a total of thirty (30) cumulative calendar days during any twelve (12) month period.
(Ord. 2021-057. Passed 6-16-21.)
1105.13 BUILDING MATERIALS, SALES YARD, AND LUMBER YARDS.
(a) Potential Concerns.
(1) Noise, dust, vibration from operations.
(2) Height and visibility of merchandise storage structures.
(3) Commercial vehicle storage.
(4) Location of loading spaces and on-site management of delivery vehicles.
(5) Unenclosed storage and display.
(b) Conditions.
(1) Traffic management areas must not be located in a yard abutting a residential district.
(2) Commercial woodworking equipment and other similar machinery must not be permanently affixed or operated within fifty (50) feet of a residential zoning district, except within a completely enclosed structure.
(Ord. 2021-057. Passed 6-16-21.)
1105.14 BUSINESS, NON-RETAIL.
(a) Potential Concerns.
(1) Hours of operation.
(Ord. 2021-057. Passed 6-16-21.)
1105.15 BUSINESS, RETAIL.
(a) Potential Concerns.
(1) Hours of operation.
(2) Lighting.
(b) Conditions.
(1) Outdoor display or storage is not permitted in the right-of-way or on public sidewalk. If a display or storage is proposed in a parking lot, it must not compromise usage of the lot as would be required for other businesses or activities. All outdoor displays must be taken inside when the business closes each night.
(Ord. 2021-057. Passed 6-16-21.)
1105.16 CEMETERIES.
(a) Potential Concerns.
(1) Location and size of structures including mausoleums, chapels, offices, and service and storage buildings.
(b) Conditions. The area proposed for a cemetery must be used for cemetery purposes only, and must meet the following requirements:
(1) Except for office uses incidental to cemetery operations, no business or commercial uses of any kind is permitted on the cemetery site.
(2) The minimum lot area required for a cemetery site is forty (40) acres.
(3) A building of brick and/or stone, solid and/or veneered, must be provided if storage of maintenance equipment and/or materials is necessary.
(4) The minimum pavement width of driveways is ten (10) feet per moving lane.
(5) Drives must be improved with asphalt, concrete, or equivalent surfacing, and so graded and drained as to dispose of all surface water accumulation within the area.
(6) Pavement must be installed as development progresses and as indicated on the final plans and development schedules approved by the Planning Commission.
(7) Grave sites must be located at least one hundred (100) feet from the right-of-way lines.
(8) Grave sites must be located at least two hundred (200) feet from any existing residences.
(9) Existing areas on site that are non-forested must be used first.
(Ord. 2021-057. Passed 6-16-21.)
1105.17 CHILD DAY CARE FACILITIES.
(a) Potential Concerns.
(1) Location of planned outdoor play areas.
(2) Noise.
(3) Adequate drop-off facilities.
(4) Hours of operation.
(b) Conditions.
(1) An outdoor recreation or play area must be provided to accommodate the number of children being cared for at the facility. This area must be surrounded by a perimeter fence so as to provide a secure play area.
(2) A noise and visual buffer must be installed on the portion of the site abutting a roadway and/or residential use to the satisfaction of the Planning Commission.
(Ord. 2021-057. Passed 6-16-21.)
1105.18 CHILD DAY CARE HOMES, TYPE A & B.
(a) Potential Concerns.
(1) Location of planned outdoor play areas.
(2) Noise.
(3) Adequate drop-off facilities.
(4) Hours of operation.
(b) Conditions.
(1) An outdoor recreation or play area must be provided to accommodate the number of children being cared for at the facility. This area must be surrounded by a perimeter fence so as to provide a secure play area.
(2) A noise and visual buffer must be installed on the portion of the site abutting a roadway and/or residential use to the satisfaction of the Planning Commission.
(Ord. 2021-057. Passed 6-16-21.)
1105.19 CREMATORIES.
(a) Potential Concerns.
(1) Odors.
(2) Hours of Operation.
(b) Conditions.
(1) Crematories must be located at least six hundred (600) feet from any existing residences.
(2) The remains must be removed from the crematory facility within thirty (30) days after the cremation is complete.
(Ord. 2021-057. Passed 6-16-21.)
1105.20 DOMESTICATED ANIMAL KENNELS.
(a) Potential Concerns.
(1) Traffic.
(2) Location of diagnosis and outdoor activity areas relative to public streets and residential zoning districts.
(3) Design of facilities that will help ensure humane conditions and treatment of animals.
(4) Animal noise and odor.
(b) Conditions.
(1) An outdoor area must be provided to accommodate the facility. This area must be surrounded by a perimeter fence so as to provide a secure area and must be maintained in a sanitary condition.
(2) A noise and visual buffer must be installed on the portion of the site abutting a roadway and/or residential use to the satisfaction of the Planning Commission.
(Ord. 2021-057. Passed 6-16-21.)
1105.21 DORMITORIES.
(a) Potential Concerns.
(1) Noise.
(2) Traffic.
(3) Parking.
(4) Trash.
(5) Open space and recreational facilities.
(6) Pedestrian connectivity.
(b) Conditions.
(1) When considering whether proposed development meets the requirements, the Planning Commission may consider all nearby properties, including properties outside the jurisdiction of the City of Kent.
(2) Building location and placement must be developed with consideration given to minimizing removal of trees and change of topography.
(Ord. 2021-057. Passed 6-16-21.)
1105.22 DRIVE-THRU CONVENIENCE AND BEVERAGE.
(a) Potential Concerns.
(1) Design of vehicle management areas.
(2) Noise from operations (vehicle, music, sound systems).
(3) Proximity to churches and schools.
(4) Location and adequacy of dumpsters.
(Ord. 2021-057. Passed 6-16-21.)
1105.23 EXTRACTIVE USES.
Must comply with Chapter 1514 of the Ohio Revised Code (ORC), et seq., as amended.
(Ord. 2021-057. Passed 6-16-21.)
1105.24 FRATERNAL SOCIETIES.
(a) Potential Concerns.
(1) Location of accessory uses such as ball fields, swimming pools, and tennis courts.
(2) Appropriate screening of high activity areas from abutting properties.
(b) Conditions.
(1) Such uses are encouraged to be located adjacent to parks, schools, shopping facilities, or other nonresidential uses where parking facilities can be shared. See Chapter 1107.
(Ord. 2021-057. Passed 6-16-21.)
1105.25 FRATERNITY OR SORORITY HOUSES.
(a) Potential Concerns.
(1) Aesthetic Concerns.
A. Historical characteristics of existing structures.
B. Residential scale and character.
C. Yards and landscaping.
D. Walls and fences.
(2) Activity Areas.
A. Porches and patios.
B. Locations of accessory structures.
(3) Vehicle Management.
A. Site access.
B. Required parking.
C. Emergency access.
D. Deliveries.
E. Occasional and excess parking management.
(4) Nuisance.
A. Trash management.
B. Noise and off-site impact.
C. Lighting and off-site impact.
(b) Conditions.
(1) Building location and placement must be developed with consideration given to minimizing removal of trees and change of topography.
(Ord. 2021-057. Passed 6-16-21.)
1105.26 FUNERAL HOMES (WITHOUT CREMATORIES).
(a) Potential Concerns.
(1) Design of vehicle management areas to ensure quick and efficient access to public streets.
(2) Adequate queue space at drop off areas to ensure that access to parking spaces is not impeded.
(b) Conditions.
(1) All hearses, limousines, and other related business vehicles must be stored in an enclosed building when not in use.
(Ord. 2021-057. Passed 6-16-21.)
1105.27 GASOLINE STATIONS.
(a) Potential Concerns.
(1) Adequate design of vehicle management area.
(2) Location of fuel pumps and pump canopy.
(3) Outdoor sales and storage.
(4) Management of spills.
(b) Conditions.
(1) Gasoline pumps, pump islands, an air pump, and similar facilities may be located in any required yard setback space but must be located at least twenty (20) feet from any front lot line.
(2) Such developments must be located on arterial streets or at intersections of arterial and/or collector thoroughfares.
(3) Fuel pumps must be setback a minimum of forty (40) from residential zoning districts.
(Ord. 2021-057. Passed 6-16-21.)
1105.28 HOME OCCUPATIONS.
(a) Potential Concerns.
(1) Type of business.
(2) Noise and odor.
(3) Hours of operation.
(4) Proximity to schools.
(5) Customer access.
(b) Conditions.
(1) Such uses should be generally related to the provision of services to persons or other entities which can be controlled through appointments or other scheduling.
(2) The repair of equipment, vehicles, or other machinery is generally prohibited except that small items such as personal computers and small appliances may be repaired if such operations can be conducted entirely within the space approved for the home occupation.
(3) Only one (1) person other than residents of the home in which the operation will be conducted may be engaged in the operation. The Planning Commission may, at its sole discretion, allow more than one (1) person outside the home to be engaged in the business if the applicant can adequately demonstrate to the Planning Commission that the engagement of the additional individuals in the operation will not adversely affect the surrounding neighborhood and can be adequately accommodated in regard to on-site parking.
(4) The maximum total floor area of the home to be utilized for a home occupation is twenty-five percent (25%) of the entire floor area of the structure. To calculate the total floor area, only the main living area of the home is counted. Garages, as well as unfinished basements or attic areas, are not counted towards the total floor area. Where there are two (2) or more dwelling units attached, the calculation of the total floor area is limited to the area of the dwelling unit in which the operation will be located. Use of an electronic device, such as a phone or computer, in an area of the home will not count towards the twenty-five percent (25%) calculation.
(5) Where such uses are proposed for rental properties, the operator of the proposed business must provide the City with written evidence showing that the property owner has given permission for the proposed use to be operated. The operator and owner should both consult with their respective insurers to determine if such operations require additional insurance coverage.
(6) There must be no change in the outside appearance of the building or premises indicating that a business activity is taking place at the property. Signage must comply with Chapter 1109.
(7) The use of accessory structures, except for as storage, including attached and detached garages, is prohibited without explicit approval by the Planning Commission. The Planning Commission, at its sole discretion, may allow the use of these types of structures upon request by the applicant in such cases where the applicant can demonstrate to the Planning Commission that such use is not detrimental to the inhabitants of the subject property or the surrounding neighborhood, and where the applicant can demonstrate as part of his/her application that the use of such structures can be undertaken in compliance with all applicable city, state, or federal codes.
(8) The Home Occupation must not generate an unreasonable amount of traffic for the neighborhood in which it is located, in a significantly greater volume than what is normally experienced. The Planning Commission will carefully evaluate this component based on substantive evidence presented to it during its review of any such application.
(9) Parking for the Home Occupation must be adequate and comply with the City of Kent parking regulations.
(10) Any operations to be undertaken as part of a Home Occupation must be safe for the occupants of the subject dwelling unit, any attached or detached dwelling units on the subject property, adjacent properties or other legal uses. There must be no electrical interference, noise, fumes, odors, or other noxious omissions generated by the home occupation.
(11) Home occupations are not transferable and do not run with the land. All home occupations and conditional zoning certificates expire upon the sale, transfer, or lease of the property to a new owner or tenant.
(12) If there is evidence that a previously approved Home Occupation is not being operated in compliance with the provisions contained in this Code and the approved site plan or with any other applicable codes, the City may consider the revocation of the Conditional Zoning Certificate.
Home occupations are permitted no more than one (1) unlighted name plate not more than one (1) square foot in area announcing the name of the home occupation.
(Ord. 2021-057. Passed 6-16-21.)
1105.29 HOMELESS/EMERGENCY SHELTERS.
(a) Potential Concerns.
(1) Proximity to bus stops / public transportation.
(b) Conditions.
(1) Building location and placement must be developed with consideration given to minimizing removal of trees and change of topography.
(Ord. 2021-057. Passed 6-16-21.)
1105.30 HOSPITALS.
(a) Potential Concerns.
(1) Location of parking for employees.
(2) Parking for visitors.
(3) Design of drop-off areas.
(4) Emergency vehicle access to the site and the building.
(5) Adequate lot size and shape to handle current proposed plan and possible additions.
(6) Screening.
(7) Access to appropriate street.
(8) Helicopter landing facilities.
(b) Conditions.
(1) Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, must not be accessible directly from the exterior of the building and must operate only during the hours of operation of the hospital.
(Ord. 2021-057. Passed 6-16-21.)
1105.31 HOTELS OR MOTELS.
(a) Potential Concerns.
(1) Proximity to residential uses.
(2) Screening from residential uses.
(3) Appropriate street access.
(4) Parking.
(b) Conditions.
(1) Such developments must be located on arterial streets or at intersections of arterial and/or collector thoroughfares.
(Ord. 2021-057. Passed 6-16-21.)
1105.32 JUNK YARDS, SCRAP YARDS, AND IMPOUND LOTS.
(a) Potential Concerns.
(1) Spill control management plan.
(2) Noise.
(3) Hours of operation.
(4) Screening of inoperable vehicles.
(b) Conditions.
(1) The site must be located to minimize the potential effect of winds carrying objectionable odors to adjacent properties.
(2) Suitable control measures must be taken whenever dust is a problem or potential problem.
(3) The burning of refuse, garbage, or other waste materials is prohibited.
(4) The site must be located at least five hundred (500) feet from a residential zoning district. The site must have front, side, and rear setbacks of at least one hundred fifty (150) feet. At least a one hundred (100) foot-wide strip in the required setback must be planted for camouflaging purposes according to the following specifications:
A. The one hundred (100) foot-wide strip must be planted with pine, Norway spruce, or other suitable evergreen trees.
B. Such evergreen trees must be planted on a staggered, double row pattern with no more than fifteen (15) feet between trees.
C. The one hundred (100) foot-wide planting strips must be so located as to achieve the greatest screening or camouflaging effect and no visual openings are permitted at a height of six (6) feet within three (3) years of planting.
D. Trees planted must be at least eight (8) feet in height.
(5) A minimum of twenty (20) acres is required for a scrap yard or junk yard use. A minimum of five (5) acres is required for an impound lot.
(Ord. 2021-057. Passed 6-16-21.)
1105.33 MANUFACTURING, LIGHT OR HEAVY.
(a) Potential Concerns.
(1) Spill control management plan.
(2) Noise.
(3) Hours of operation.
(4) Product logistics.
(b) Conditions.
(1) Such uses must be conducted at least one hundred (100) feet from any district that permits residential uses or a public right-of-way that abuts a district that permits residential uses. Where the I District abuts upon, but is separated by a street from a district that permits residential uses, the width of the street may be considered as part of the required setback. The construction, operation, and maintenance of such uses must be such that they will not be hazardous, noxious, or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matters or water-carried wastes.
(2) In the interests of health, safety, and general welfare, the Commission may require expert advice on what conditions should be imposed, if any, on the particular industrial operation to reasonably modify any injurious or offensive effects likely to result from such an operation. The cost of securing such expert assistance must be borne by the applicant.
(3) Truck parking areas, maneuvering lanes, and access ways to public streets must be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site. The site must not be used for the storage of trucks, and truck parking is limited to a time not to exceed twenty-four (24) hours.
(Ord. 2021-057. Passed 6-16-21.)
1105.34 MEDICAL MARIJUANA, CULTIVATOR LEVEL I AND LEVEL II.
(a) Potential Concerns.
(1) Hours of operation.
(b) Conditions.
(1) Such uses must be conducted at least one hundred (100) feet from any residential district.
(2) The operation and maintenance of such uses must be such that they will not be hazardous, noxious, or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matters or water-carried wastes.
(3) Every medical marijuana facility must comply with all licensing requirements of the Ohio Administrative Code (OAC) Section 3796, et seq., as amended. Such facilities must operate in compliance with every state law and City ordinance.
(4) Medical marijuana cultivator, processor, retail dispensary, or laboratory that tests medical marijuana must not be located within five hundred (500) feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park. This does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
(Ord. 2021-057. Passed 6-16-21.)
1105.35 MEDICAL MARIJUANA, DISPENSARIES.
(a) Potential Concerns.
(1) Hours of operation.
(b) Conditions.
(1) Such uses must be conducted at least one hundred (100) feet from any residential district.
(2) The operation and maintenance of such uses must be such that they will not be hazardous, noxious, or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matters or water-carried wastes.
(3) Every medical marijuana facility must comply with all licensing requirements of the Ohio Administrative Code (OAC) Section 3796. Et seq., as amended. Such facilities must operate in compliance with every state law and City ordinance.
(4) Medical marijuana cultivator, processor, retail dispensary, or laboratory that tests medical marijuana must not be located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park. This does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
(5) Medical Marijuana Dispensary must not be located within five hundred feet (500) of a community addiction services provider.
(6) Must not be located within five hundred (500) feet of another Medical Marijuana, Dispensary.
(Ord. 2021-057. Passed 6-16-21.)
1105.36 MEDICAL MARIJUANA, PROCESSORS.
(a) Potential Concerns.
(1) Hours of operation.
(b) Conditions.
(1) Such uses must be conducted at least one hundred (100) feet from any residential district.
(2) The operation and maintenance of such uses must be such that they will not be hazardous, noxious, or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matters or water-carried wastes.
(3) Every medical marijuana facility must comply with all licensing requirements of the Ohio Administrative Code (OAC) Section 3796, et seq., as amended. Such facilities must operate in compliance with every State law and City ordinance.
(4) Medical marijuana cultivator, processor, retail dispensary, or laboratory that tests medical marijuana must not be located within five hundred (500) feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park. This does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity. (Ord. 2021-057. Passed 6-16-21.)
1105.37 MEDICAL MARIJUANA, TESTING LABORATORIES.
(a) Potential Concerns.
(1) Hours of Operation.
(b) Conditions.
(1) Every medical marijuana facility must comply with all licensing requirements of the Ohio Administrative Code (OAC) Section 379, et seq., as amended. Such facilities must operate in compliance with every state law and City ordinance.
(2) Medical marijuana cultivator, processor, retail dispensary, or laboratory that tests medical marijuana must not be located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park. This does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
(Ord. 2021-057. Passed 6-16-21.)
1105.38 MICROBREWERIES.
(a) Potential Concerns.
(1) Product logistics.
(2) Traffic.
(3) Odors.
(b) Conditions.
(1) On site production of alcoholic beverages is required.
(2) Microbreweries that include an interior tap room, may provide limited food service, but such food service must be ancillary to the primary use of alcoholic beverage production. Ancillary is defined as no more than 30% of the available interior square footage be utilized for food preparation and service.
(3) Outdoor service areas must be located on the buildable area of the lot.
(4) Sale of alcoholic beverages is limited to only to what is produced on site.
(Ord. 2021-057. Passed 6-16-21; Ord. 2022-132. Passed 12-21-22.)
1105.39 MIXED USE DEVELOPMENTS.
(a) Potential Concerns.
(1) Antagonistic uses.
(2) Noise.
(3) Traffic.
(4) Parking.
(5) Trash.
(b) Conditions.
(1) The Planning Commission determines if the proposed mix of multiple primary uses are complementary and compatible with the surrounding neighborhood and the parcel itself.
(Ord. 2021-057. Passed 6-16-21.)
1105.40 MONUMENT SALES AND DISPLAYS.
(a) Potential Concerns.
(1) Outside displays.
(2) Noise, dust, and odors.
(Ord. 2021-057. Passed 6-16-21.)
1105.41 MULTIFAMILY DWELLINGS.
(a) Potential Concerns.
(1) Noise.
(2) Traffic.
(3) Parking.
(4) Trash.
(5) Open space and recreational facilities.
(6) Pedestrian connectivity.
(7) Height.
(8) Density
(b) Conditions.
(1) Building location and placement must be developed with consideration given to minimizing removal of trees and changes to the topography.
(Ord. 2021-057. Passed 6-16-21.)
1105.42 NURSERY AND GREENHOUSES.
(a) Potential Concerns.
(1) Outdoor storage.
(2) Parking.
(3) Water runoff.
(4) Seasonal sales display and parking areas.
(Ord. 2021-057. Passed 6-16-21.)
1105.43 OIL AND GAS WELLS, DRILLING, AND OPERATIONS.
Must comply with Chapter 1509 of the Ohio Revised Code (ORC), et seq., as amended.
(Ord. 2021-057. Passed 6-16-21.)
1105.44 OPEN AIR MARKETS/ FARMERS MARKETS.
(a) Potential Concerns.
(1) Days of operation.
(2) Trash.
(b) Concerns.
(1) The operation of the market is limited to the period of the day between 6:00 a.m. and 8:00 p.m.
(2) Adequate parking must be provided. If an "open air market/ farmers market" is proposed in a parking lot, it must not compromise usage of the lot as would be required for other businesses or activities.
(3) "Open air markets/farmers markets" must be minimally disturbing or adverse to residential areas.
(Ord. 2021-057. Passed 6-16-21.)
1105.45 OUTPATIENT ADDICTION SERVICES FACILITIES.
(a) Potential Concerns.
(1) Hours of Operation.
(2) Trash.
(b) Conditions.
(1) Must be located no closer than five hundred (500) feet from any school.
(2) Must be associated with a clinical use.
(Ord. 2021-057. Passed 6-16-21.)
1105.46 PARKING LOTS AND GARAGES (NOT ACCESSORY TO A USE).
(a) Potential Concerns.
(1) Hours of operation.
(2) Parking demand.
(3) Snow storage.
(4) Bicycle storage.
(b) Conditions.
(1) Parking areas adjacent to or within residential districts must be screened by a solid wall, solid fencing, or dense evergreen landscaping. A screen fence or wall must be a minimum of six (6) feet high while an evergreen landscape planting screen must be at least eight (8) feet high.
(2) Storage of inoperable vehicles (i.e., a vehicle that is not currently registered or is currently unable to be operated safely on a public street) for more than fourteen (14) days is prohibited.
(Ord. 2021-057. Passed 6-16-21.)
1105.47 PASSENGER TRANSPORTATION AGENCIES AND TERMINALS.
(a) Potential Concerns.
(1) Hours of operation.
(2) Bicycle storage
(b) Conditions.
(1) Such developments must be located on arterial streets or at intersections of arterial and/or collector thoroughfares.
(2) Such developments must not be located on a lot abutting the O-R, R-1, R-2, R-3, R-3A, or R-4 zoning districts.
(Ord. 2021-057. Passed 6-16-21.)
1105.48 RADIO OR TELEVISION BROADCASTING STATIONS.
(a) Potential Concerns.
(1) Noise.
(Ord. 2021-057. Passed 6-16-21.)
1105.49 RECREATIONAL FACILITIES, INDOOR.
(a) Potential Concerns.
(1) Traffic volume during group or league events.
(2) Shared parking.
(Ord. 2021-057. Passed 6-16-21.)
1105.50 RECREATIONAL FACILITIES, OUTDOOR.
(a) Potential Concerns.
(1) Traffic volume during group or league events.
(2) Proximity of fairways and greens for golf courses.
(3) Location of accessory uses such as ball fields, swimming pools, and tennis courts.
(4) Appropriate screening of high activity areas of abutting properties.
(5) Shared parking.
(b) Conditions.
(1) Only retail uses which are customarily accessory or incidental to the main recreation use are permitted, including, but are not limited to:
A. Refreshment stands,
B. Souvenir stands,
C. Concession stands,
D. Park office, and
E. The limited sale of groceries when the customers are primarily the campers using the park.
(2) No campsite, cabin, lodge, room or other rental accommodations will be occupied by the same occupant or group. The same occupant or group cannot occupy any tent, trailer or other camping equipment for a period longer than sixty (60) consecutive days.
(Ord. 2021-057. Passed 6-16-21.)
1105.51 RELIGIOUS INSTITUTIONS.
(a) Potential Concerns.
(1) Adequate lot size to permit future expansions.
(2) Location and screening of outdoor recreation areas.
(3) Bus and van storage.
(4) Parking and traffic impact.
(5) Shared parking.
(Ord. 2021-057. Passed 6-16-21.)
1105.52 RESIDENTIAL FACILITIES.
(a) Potential Concerns.
(1) Adequate lot size to provide for visitors.
(2) Access to an appropriate street.
(3) Adequate screening from residential.
(4) Proximity to existing or possible area uses that are potentially dangerous to elderly or handicapped occupants.
(b) Conditions.
(1) A residential facility is not permitted to be constructed or operated until the agency or institution operating such a facility meets the certification, licensing, or approval requirements of the appropriate state or county agencies.
(2) The residential character of all structures must be maintained. The design of a proposed new structure and any proposed remodeling of existing structures must be feasible for permitted uses in the district in the event that the residential facility is discontinued, and will not be detrimental to the area because of substantial differences in exterior design or site development.
(3) Residential Facilities may be located in any of the zoning districts of the City except where residences are otherwise excluded, and must comply with the district regulations applicable to other properties in the zoning district in which they are located.
(4) To ensure that these facilities are consistent with existing density provisions of this Code, the maximum number of residents permitted in any residential facility is:
A. Four (4) in an R-1 District;
B. Six (6) in an R-2 District;
C. Eight (8) in an R-3 District; and
D. Ten (10) in an R-4, R-C, N-C, C-R, and IC-R Districts.
The total number of residents is exclusive of children and/or the staff.
(5) No residential facility is permitted within eight hundred (800) feet of the boundary lines of the property on which another residential facility in the City is located.
(Ord. 2021-057. Passed 6-16-21.)
1105.53 RESTAURANTS.
(a) Potential Concerns.
(1) Design of vehicle management area.
(2) Noise from operations (i.e., vehicle loudspeaker, and music).
(3) Sign and menu boards.
(4) Location and adequacy of dumpsters.
(5) Trash.
(b) Conditions.
(1) Parking areas, refuse containers, and driveways adjacent to or within residential districts must be screened by a solid wall, solid fencing, or dense evergreen landscaping. A screen fence or wall must be a minimum of six (6) feet high while an evergreen landscape planting screen must be at least eight (8) feet high.
(2) Light and noise generated from an order board and/or speakers must be contained within the property.
(Ord. 2021-057. Passed 6-16-21.)
1105.54 ROADSIDE STANDS.
(a) Potential Concerns.
(1) Hours of operation.
(b) Conditions.
(1) Roadside stands may offer for sale only agricultural products which are produced on the premises.
(2) A roadside stand, associated structures, and required off-street parking must be located and set back in such a manner so as not to create a traffic hazard.
(Ord. 2021-057. Passed 6-16-21.)
1105.55 ROOMING HOUSES AND BOARDING HOUSES.
(a) Potential Concerns.
(1) Trash.
(b) Conditions.
(1) The determination of whether a group of individuals meet the definition of a Household Unit must be made by the Community Development Director. This decision may be appealed to the Board of Zoning Appeals in accordance with Section 1111.03
.
(2) Neither a Rooming House nor a Boarding House may have more tenants than legal bedrooms as defined in Section 1415.04
of the City of Kent Property Maintenance, Housing, and Enforcement Code, as amended.
(3) Any group of persons meeting one (1) of the designations of a Household Unit as defined in this Code is permitted to reside in a single-family dwelling.
(4) An individual can be a resident at more than one (1) location.
(5) The legality of the use of a property being used as a Rooming and Boarding House must be established in one (1) of the two (2) following ways:
A. The issuance of a zoning permit by the City of Kent indicating that the property is approved as a rooming and boarding house; or
B. The issuance of a Certificate of Nonconforming Use by the City of Kent in accordance with Section 1110.06
of this Code and any other applicable section of this Code. There mere existence of a use, without proper documentation as described herein, does not establish the legality of the use by itself.
(6) Other than in those cases where the legal, nonconformity is established through Section 1110.06
of this Code, all new Rooming and Boarding house uses must be located in zoning districts which permit them and which have obtained all necessary approvals through the Planning Commission, Board of Zoning Appeals, and/or other local requirements as applicable. See Chapter 1103 for permitted or conditionally permitted uses in each zoning district.
(7) Lot and dimensional requirements for rooming and boarding houses are stipulated for providing adequate lot size, open area and room for parking. Even though the dimensional requirements stipulated in this section are the minimum necessary for a rooming house, the Planning Commission when reviewing requests for new rooming houses, must determine whether the size of the property is adequate to provide reasonable open area and room for parking. In reviewing such new requests, the Planning Commission may approve the proposed rooming and boarding house as presented, or may modify or reduce the number of persons permitted to reside in the house if the Commission makes a determination that the size of the lot and area allowed for parking is not adequate. Any expansion of existing, legal rooming houses must be reviewed using the same criteria.
A. The minimum lot size for a rooming and boarding house is 10,000 square feet. The Planning Commission may require a larger lot area based on the need to accommodate tenants and parking. The amount of lot area required must not be unreasonable or overly restrictive.
B. The setbacks, lot width, and frontage for a new or expanded rooming and boarding house are the same as those specified in this Code for single-family units in the zoning district in which the property is located. Substandard lot requirements pertaining to setback, lot width, and frontage must not be used to determine compliance with this subsection (Section 1106.06).
C. While there is no specific requirement in regard to the amount or size of open space on a lot housing a new or expanded rooming and boarding house, the applicant for such use must demonstrate to the reasonable satisfaction of the Planning Commission that some open area or recreational space is provided for the residents of the facility that is separate from parking areas. Front yard areas must not be used for the purpose of providing such open space. The Planning Commission may take into account the availability of nearby public parks or public recreation areas as a partial or full substitute for on-site recreational space.
(8) Rooming and boarding house uses must be so designed, maintained and operated as to minimize possible disruptive effects on the character of adjacent and nearby properties.
(9) The City of Kent Health Department requires licensing and regular inspections for rental properties with four (4) or more unrelated tenants. The Community Development Department requires licensing and regular inspections for rental properties with three (3) or fewer unrelated tenants.
(Ord. 2021-057. Passed 6-16-21.)
1105.56 SANITARY LANDFILLS.
(a) Potential Concerns.
(1) Odor.
(2) Noise.
(3) Product logistics.
(b) Conditions.
(1) All structures and activity areas must be located at least 100 feet from all property lines.
(2) No more than two (2) driveway approaches are permitted directly from any thoroughfare and the driveway must not exceed twenty-four (24) feet in width at the property line.
(3) If the property fronts on two or more streets, the driveways must be located as far from the street intersections as is practical.
(4) Vehicular approaches to the property must be designed to allow sufficient off-street transient parking or waiting area without creating an interference with traffic on the street.
(5) The sanitary landfill use must comply with the following conditions:
A. All sanitary landfill sites are subject to approval by the City Board of Health.
B. A topographic map showing the design of the sanitary landfill site at a scale of not over 200 feet to the inch and with five-foot contour intervals must be submitted with the application.
C. The applicant must submit information describing the geological characteristics of the site.
D. The site must be limited to areas where water pollution will not occur.
E. The site must be accessible from at least two (2) directions.
F. The site must be so located as to minimize the effect of winds carrying objectionable odors to urbanized or urbanizing areas.
G. The sanitary landfill site must be designed and submitted to the City Board of Health for approval.
H. Shelter for landfill equipment must be provided.
I. Shelter and sanitary facilities must be provided for personnel.
J. Suitable measures must be taken to control fires.
K. An attendant must be on duty, during the time the sanitary landfill site is open, to supervise the unloading of refuse.
L. Blowing paper must be controlled by providing a portable fence near the working area.
M. Sewerage solids or liquids and other hazardous materials must not be disposed on the site.
N. There must be no open storage or burning of refuse or garbage.
O. No bulky items such as car bodies, refrigerators, and large tires must be disposed on the site.
P. Refuse must be spread and compacted in shallow layers not exceeding a depth of two (2) feet of compacted material.
Q. A compacted layer of at least six (6) inches of suitable cover material must be placed on all exposed refuse by the end of each working day.
R. A layer of suitable cover material compacted to a minimum thickness of two (2) feet must be placed over the entire surface of each portion of the final fill not later than one (1) week following the placement of refuse within that portion.
S. Conditions unfavorable for the production of insects and rodents must be maintained by carrying out routine landfill operations promptly in a systematic manner.
T. Suitable control measures must be taken whenever dust is a problem.
U. The entire site, including the fill surface, must be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosions or washing of the fill, to drain off rain water falling on the fill, and to prevent the collection of standing water.
V. An inspection of the entire site must be made by a representative of the City Board of Health before the earth-moving equipment is removed from the site. Any necessary corrective work must be performed before the landfill project is accepted as completed. Arrangements must be made for the repair of all cracked, eroded, and uneven areas in the final cover during the year following completion of the fill.
W. Domestic animals must be excluded from the site.
(6) The one hundred (100) foot setback areas must be planted for camouflaging purposes according to the following specifications:
A. The one hundred (100) foot-wide strip must be planted with pine, Norway Spruce, or other suitable evergreen trees.
B. Such evergreen trees must be planted on a staggered, double row pattern with no more than fifteen (15) feet between trees.
C. The one hundred (100) foot-wide planting strips must be so located as to achieve the greatest screening or camouflaging effect and no visual openings are permitted at a height of six (6) feet within three (3) years of planting.
D. Trees planted must be at least eight (8) feet in height.
(Ord. 2021-057. Passed 6-16-21.)
1105.57 SCHOOLS, PUBLIC AND PRIVATE.
(a) Potential Concerns.
(1) Adequate lot size to permit future expansions.
(2) Truck and van storage.
(3) Access to streets that can handle traffic generated by the use.
(4) Design of vehicle management area.
(5) Location of outdoor facilities such as ball fields and band practice areas.
(6) Proximity to incompatible uses (i.e., establishments serving alcohol).
(7) Student safety.
(Ord. 2021-057. Passed 6-16-21.)
1105.58 SEXUALLY ORIENTED USES AND BUSINESSES.
(a) Definitions. The following definitions apply to sexually-oriented uses and businesses:
(1) Obscene: Any sexually oriented material or performance that when considered as a whole and judged with reference to ordinary adults is "obscene" if it contains a series or displays or descriptions of sexual anatomy or activities, extreme or bizarre acts of violence, or bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake, or in a way that inspires disgust or revulsion in persons with ordinary sensibilities, or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose. Obscene sexually oriented material includes any of the following activities as part or in connection with any of the uses of an establishment set forth in this Code:
A. Human male genitals, open female labia, or the female breast areola in a discernibly turgid state of sexual stimulation or arousal;
B. Fondling, rubbing, penetration, or other erotic touching or display of human genitals, pubic region, buttock, anus, or female breasts;
C. Actual sexual activity, normal or perverted, including human masturbation, the penetration of any orifice with a male penis or sex toy, sexual intercourse, sodomy, cunnilingus, fellatio, bestiality, or sadomasochistic activities or other extreme or bizarre violence, cruelty, or brutality used to arouse lust;
D. Excretory functions, actual or simulated, including urination, defecation, ejaculation, or the aftermath of ejaculation.
(Ord. 2021-057. Passed 6-16-21.)
(2) Sexually-Oriented Business: An establishment where a substantial portion of the use (i.e., more than a minimal use. A minimal use does not exceed one percent (1%) or 30 square feet, whichever is less, of the available retail display space) is distinguished or characterized by its emphasis on sexually-oriented materials. Sexually-oriented businesses include, but are not limited to the following uses: adult book stores, adult cabarets or nightclubs, adult motion picture theaters, sexually-oriented media stores, sexually-oriented motels, sexually-oriented encounter centers; sexually-oriented escort agencies; sexually-oriented spas; or sexually-oriented viewing booths.
(Ord. 2023-051. Passed 8-16-23.)
(b) Potential Concerns.
(1) Hours of Operation.
(c) Conditions.
(1) That the proposed use or business must not be contrary to the public interest or be injurious to nearby properties;
(2) That the proposed use or business must not enlarge or encourage the development of a blighting influence;
(3) That the establishment of an additional regulated use in the area must not be contrary to any program of neighborhood conservation;
(4) A sexually oriented business or use must not be established within one thousand (1,000) feet of any R-1, R-2, R-3, R-3A, R-4 or R-C District or any residential use, whether in the City of Kent or in surrounding cities or townships or within one thousand (1,000) feet of any school, church, day care center, park or library;
(5) A sexually oriented business or use must not be established within one thousand (1,000) feet of any other sexually oriented business or use;
(6) Any display, device or sign that depicts or describes specified sexual activities or specified anatomical areas must be out of view of the public right-of-way and surrounding property;
(7) A sexually oriented business or use must not be established in the same building with another adult cabaret or adult bookstore or adult motion-picture theater;
(8) A sexually oriented business or use must only operate during hours reasonably designated by the City of Kent Planning Commission.
(9) A sexually oriented business or use authorized under this section must have entrances to the establishment shielded in such a way that individuals outside the business building will not be able to see the entertainment area inside the building. Additionally, said shielding must not consist of a curtain alone, must not obstruct any exit sign or panic hardware for any exit, nor can the shielding be constructed in such a way as to block any exit. All shielding must be approved by the City Fire Chief.
(10) Adult book store or adult motion picture theater must not be established within one thousand (1,000) feet of another adult book store or adult motion picture theater.
(11) Any sexually oriented business or use that meets the definition of obscene in Section 1105.56
(a)(1) is prohibited by this Zoning Code.
(Ord. 2021-057. Passed 6-16-21.)
1105.59 SINGLE-FAMILY DWELLINGS.
(a) Potential Concerns.
(1) Complementary to existing uses.
(Ord. 2021-057. Passed 6-16-21.)
1105.60 STORAGE UNITS AND STORAGE LOCKER FACILITIES.
(a) Potential Concerns.
(1) Spill control management plan.
(2) Screening of inoperable vehicles.
(b) Conditions.
(1) Storage must be within an enclosed building or an area enclosed on all sides by a solid masonry wall or a minimum six (6) foot high opaque, painted fence:
(2) Building materials, sales yard and lumber yards including millwork when within a completely enclosed building.
(Ord. 2021-057. Passed 6-16-21.)
1105.61 TEMPORARY STRUCTURES.
1105.62 TESTING/EXPERIMENTAL/RESEARCH FACILITIES.
(a) Potential Concerns.
(1) Odors.
(2) Outdoor research.
(3) Outdoor storage.
(4) Security.
(b) Conditions.
(1) Any physical effect of the experimental or testing activity detected beyond the confines of the building in which the activity is located must not appear to be other than that normally incidental to an office use.
(Ord. 2021-057. Passed 6-16-21.)
1105.63 TOOL AND EQUIPMENT RENTALS.
(a) Potential Concerns.
(1) Product logistics.
(2) Outdoor storage.
(3) Security.
(4) Screening.
(Ord. 2021-057. Passed 6-16-21.)
1105.64 TRUCK OR TRANSFER TERMINALS AND MOTOR FREIGHT GARAGES.
(a) Potential Concerns.
(1) Noise.
(2) Odor.
(3) Idling vehicles.
(b) Conditions.
(1) In addition to adequate area within the site for docking, manipulation, and maneuvering of motor freight vehicles, a reservoir of parking area for motor freight vehicles waiting to be loaded or unloaded must be provided at the rate of one (1) parking space sufficient to park a motor freight vehicle for every four (4) loading docks.
(2) The site must be designed in such a manner as to permit forward movement of all vehicles both upon entering and upon leaving the site.
(3) Storage of inoperable vehicles (i.e., a vehicle that is not currently registered or is currently unable to be operated safely on a public street) for more than fourteen (14) days is prohibited.
(Ord. 2021-057. Passed 6-16-21.)
1105.65 TWO-FAMILY DWELLINGS.
(a) Potential Concerns.
(1) Complimentary to existing uses.
(Ord. 2021-057. Passed 6-16-21.)
1105.66 UTILITIES AND ASSOCIATED STRUCTURES.
(a) Potential Concerns.
(1) Noise.
(2) Odor.
(3) Line of sight.
(b) Conditions.
(1) Screening must be a solid wall, solid fencing, or dense evergreen landscaping.
(2) Height is limited to the maximum height for the applicable zoning district.
(3) The structure must be dismantled and removed from the site within six (6) months if the structure has not been used within the past twelve (12) months.
(4) Substations can only be located in residential districts if it is essential for distribution of services to the immediate neighborhood, or when existing features restrict the location of such facility.
(Ord. 2021-057. Passed 6-16-21.)
1105.67 VAPE SHOPS.
(a) Potential Concerns.
(1) Hours of Operation.
(2) Lighting.
(b) Conditions.
(1) Every vape shop must not be located within five hundred (500) feet of another vape shop. (Ord. 2024-058. Passed 6-19-24.)
1105.68 VETERINARIAN HOSPITALS OR CLINICS.
(a) Potential Concerns.
(1) Traffic generated from associated retail sales.
(2) Location of diagnosis and outdoor activity areas relative to public streets and residential zoning districts.
(3) Design of facilities that will help ensure humane conditions and treatment of animals.
(4) Animal noise and odor.
(b) Conditions.
(1) An outdoor area must be provided to accommodate the facility. This area must be surrounded by a perimeter fence so as to provide a secure area and must be maintained in a sanitary condition.
(2) A noise and visual buffer must be installed on the portion of the site abutting a roadway and/or residential use to the satisfaction of the Planning Commission.
(Ord. 2021-057. Passed 6-16-21.)
1105.69 WHOLESALE CLUBS AND STORES.
(a) Potential Concerns.
(1) Adequate lot size.
(2) Design of vehicle management area.
(3) Hours of operation.
(4) Proximity to residential zoning districts.
(b) Conditions.
(1) Outdoor display or storage is not permitted in the right-of-way or on public sidewalk. If a display or storage is proposed in a parking lot, it must not compromise usage of the lot as would be required for other businesses or activities. All outdoor displays must be taken inside when the business closes each night.
(Ord. 2021-057. Passed 6-16-21.)
1106.01 PERMITTED USES: COMPLIANCE.
Whenever any building is erected, converted, enlarged, reconstructed or structurally altered, or whenever any building or land is used, arranged to be used, or designed to be used, that building or land must comply with all of the provisions established by these regulations for the districts in which the building or land is located.
(Ord. 2021-057. Passed 6-16-21.)
1106.02 PERMITTED HEIGHT EXCEPTIONS.
(a) Except as specifically stated in other parts of this code, no building is allowed to be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located.
(b) Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, wireless masts, water tanks or similar structures may be erected above the district height limits stated herein according to the following regulations:
(1) Maximum additional permitted height is fifteen (15) feet.
(2) Maximum total area must not be greater than twenty-five (25) percent of the roof area of the building.
(3) Such structure must be incidental to the principal use of the building.
(c) Radio, television and wireless aerial towers or masts may be erected to any height.
(d) Churches and temples may be erected to a height not to exceed seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each one (1) foot of additional building height above the height limit otherwise provided in the district in which the building is located.
(Ord. 2021-057. Passed 6-16-21.)
1106.03 APPROVAL OF SEWERAGE AND WATER FACILITIES.
In the event that central sanitary sewer and central water facilities are not available, the minimum lot size for a single-family dwelling is one (1) acre and for two family dwellings is two (2) acres, subject to State regulations, as administered by the Health Department.
(Ord. 2021-057. Passed 6-16-21.)
1106.04 CONSTRUCTION PREVIOUSLY STARTED.
Nothing contained in this Code applies to the construction of a building or prohibit its use where construction has started before the effective date of this Code, provided that a zoning permit has been issued prior to the effective date of these regulations and provided that such construction must be completed within two (2) years from the date of passage of this Code.
(Ord. 2021-057. Passed 6-16-21.)
1106.05 PRINCIPAL BUILDINGS.
No more than one (1) principle building is permitted on any O-R, R-1, or R-2 lot, and the principle building must be located on a lot having the required frontage on a public or private street. (Ord. 2021-057. Passed 6-16-21.)
1106.06 SUBSTANDARD LOTS.
(a) For the purposes of this this Code, a substandard lot is defined as follows:
(1) Any lot not having the required minimum lot area of the zoning district in which it is located, but having a minimum lot area of at least five thousand (5,000) square feet; and
(2) This lot is a lot of record as of January 1, 2021.
(b) Any lot which has been defined as substandard according to the criteria just identified, may be used for the purpose of erecting a single-family dwelling. In place of the dimensional requirements of the particular zoning district, the following minimum requirements apply:
(1) Minimum side yard depth: Ten (10) percent of the width of the lot, but in no case less than five (5) feet.
(2) Minimum rear yard depth: Twenty (20) percent of the depth of the lot, but in no case less than twenty (20) feet.
(3) Minimum front yard depth: Same as the zoning district's requirement.
(Ord. 2021-057. Passed 6-16-21.)
1106.07 LOTS, YARDS, AND OPEN SPACES.
Any space that is being used to meet a minimum open space requirement for a use or building must be preserved as open space and may not be used to meet the open space requirement for any other space or use.
(Ord. 2021-057. Passed 6-16-21.)
1106.08 PROJECTIONS INTO YARDS.
Every part of a required yard must be open and unobstructed to the sky, except for the following:
(a) Accessory buildings in a rear or side yard.
(b) Ordinary projections of skylights, sills, belt courses, cornices, and ornamental features projecting not more than one (1) foot.
(c) Construction of fences not more than six (6) feet in height except on that portion of a lot(s) within thirty (30) feet of the intersection of two (2) or more streets. See Section 1106.12
.
(d) Terraces, uncovered porches, patios, platforms and ornamental features which do not extend more than three (3) feet above the level of the first story may project into a required side or rear yard, provided these projections are at least two (2) feet from the adjacent lot line.
(e) Chimneys or flues are permitted into the required side, rear and front yards.
(f) Open, unenclosed and uncovered decks, porches or paved terraces may project into the required front yard not more than ten (10) feet.
(Ord. 2021-057. Passed 6-16-21.)
1106.09 VISIBILITY OF CORNER LOTS AND CLEAR VISION TRIANGLE AREA.
All landscaped areas on corner lots and in median strips must meet the clear vision (sight distance) standards. Within the sight distance area, the following standards apply:
(a) Clear Vision Triangle Area. The area formed at the corner intersection of two (2) public road right-of-way lines, the two (2) sides of the triangular area being thirty (30) feet in length measured along the abutting public right-of-way lines, and the third side being a line connecting these two (2) sides. The Clear Vision Triangle must be free from visual obstruction. See Figure 13. Clear Vision Area.
(b) Shrubs and other landscape features permitted within this Code may be permitted in the clear vision triangle area provided that they are trimmed and maintained so that they are not more than thirty (30) inches above grade and must not extend into the right-of-way.
(c) Trees cannot be planted any closer than twenty-five (25) feet to the corner intersection of two (2) public road right-of-way lines; however, trees with at least eight (8) feet of limbless trunk may be permitted within the clear vision triangle.
(Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22.)
1106.10 SUBORDINATE BUILDINGS AND SUBORDINATE STRUTURES.
A subordinate building or structure may be erected upon a lot on which a principal structure already exists. The use of the subordinate building or structure must be secondary and incidental to the principal use. A subordinate building or structure cannot exist without a principal building on the same lot.
(a) Subordinate Buildings or Structures: Subordinate buildings or structures must not be located closer than fifteen (15) feet to the principal building and not less than ten (10) feet from the side and rear property lines. Subject to the following:
(1) One or more accessory buildings must not occupy more than thirty (30) percent of a required rear yard.
(2) Accessory buildings must not be located in front of the primary structure.
(3) Detached accessory buildings in residential zoning districts must not exceed fifteen (15) feet in height.
(4) In all other zoning districts, the maximum height must not exceed the principle building height.
(b) Substandard Lot Exception: On any substandard lot as defined in Section 1106.06(a) of this Code, accessory buildings must:
(1) Not be located closer than ten (10) feet to the main building.
(2) Not less than five (5) feet from the side and rear property lines.
(3) One or more accessory buildings must not occupy more than fifty (50) percent of a required rear yard.
(4) Accessory buildings must not be located in front of the primary structure.
(5) Detached accessory buildings in residential zoning districts must not exceed fifteen (15) feet in height.
(Ord. 2024-103. Passed 10-16-24.)
1106.11 OUTDOOR SWIMMING POOLS.
Public or private in-ground or above ground swimming, wading or other pools capable of a water depth of more than twenty-four (24) inches are considered structures for the purpose of permits. The following restrictions apply to such structures as defined above:
(a) Such structure must not be located within a front or side yard area.
(b) Such structure must not be located closer than fifteen (15) feet to any side or rear property line.
(c) Every such structure must be completely enclosed by a fence or other permanent barrier not less than four (4) feet in height, measured from the ground, and compliant with the Ohio Building Code, as amended. Such fence will not have poles, openings or gaps larger than four (4) inches in any dimension. All fence access doors and gates must be equipped with working locking devices so as to prevent unauthorized intrusion.
(d) A pool access gate(s) must open outward from the pool, must be self-closing and have a self-latching device equipped to accommodate a locking device.
(e) Any above ground pools that is four (4) feet or more above surface grade with a removable ladder or which has a lockable barrier around the ladder or access stairs, is exempt from the permanent barrier requirement in Section 1101.01(c). Non-removal ladders must have a barrier around the ladder and have a self-latching device equipped to accommodate a locking device.
(Ord. 2022-099. Passed 9-21-22.)
1106.12 FENCES AND WALLS.
Fences and walls are permitted in a yard or along the edge of any yard provided:
(a) Fences and walls. No fence or wall in a front yard area exceeds four (4) feet in height in front of the primary structure.
(1) Fences or walls extending along any side or rear property lines must not exceed a height of six (6) feet above the grade.
(2) Shrubs and other landscape features may be higher than six (6) feet along any side, rear or front property line, but any such plantings must be well maintained, not extend into the right-of-way, and must not be hazardous or disturbing to existing or future abutting uses.
(3) All fences, walls, and barriers (collectively referred to as a fence) of any nature or description must conform to the following:
(b) Permit and Approving Authority. The erection, construction or alteration of any fence or wall requires a permit and must be approved by the Zoning Inspector for compliance with the provisions of this Code.
(1) The Community Development Director may in his/her sole discretion, determine what qualifies as fencing and/or waive the permit fee. Factors to be considered prior to waiving the permit fee include, but are not limited to:
A. The fence is designed to delineate the location of a driveway;
B. The fence is a single panel primarily designed for privacy;
C. The replacement or repair of an existing fence with one of similar size and material;
D. The fence is primarily designed to provide screening for garbage containers, recycling containers, or a rainwater collection system;
E. Any other factor deemed relevant by the Community Development Director;
F. A vegetative fence, such as arborvitae or a row of pine trees, does not require a permit.
(c) Clear Vision Triangle Area. Walls, fences, and informal plantings must be in compliance with Section 1106.09.
(d) Maintenance. Walls and fences must be maintained in good condition. Rotten, crumbled, or broken material or compound must be replaced, repaired, or removed.
(e) Orientation of Finished Side. Any solid fence must be installed so that the finished side presents (faces) the abutting property(s) and/or road right-of-way. Finished side is defined as the side without any visible supports and/or brackets.
(f) Security Fencing. Unless explicitly permitted elsewhere in this Code, barbed wire, spikes, nails, or any other sharp instrument of any kind are prohibited on top of or on the sides of any fence, except that barbed wire cradler may be placed on top of fences enclosing public utility buildings or equipment in any district. Electric fences and similar energized fences that could cause injury are prohibited, except that low voltage fences are permitted on a commercial farm that meets all of the requirements of the Ohio Right to Farm Law. This Section does not apply to underground invisible fences designed for household pets. The Planning Commission may permit barbed wire, spikes, nails, or any other sharp instrument on top of or on the sides of a fence in the I-R, and I Districts, provided the Planning Commission determines that the barbed wire, spikes, nails, or other sharp instrument is necessary for the safety and security of the site.
(g) Maximum Height. No fence or wall hereafter erected may be in excess of six (6) feet in height above the grade of the surrounding land, except that the Community Development Director may approve a height of up to eight (8) feet in I: Industrial Districts if the Community Development Director determines that a higher fence is necessary for the safety and security of the site based on the use of the site or any use of an adjoining site.
(h) Fence Material and Design. A fence must be constructed of a material or compound customarily manufactured for such a purpose, including, but not limited to pressure treated wood, vinyl, galvanized and/or coated chain link, or ornamental metal. The use of scrap lumber, plywood, snow fence, chicken wire, wood pallet, plastic material less than 1 ", tarp, or other unapproved material is prohibited.
(Ord. 2022-099. Passed 9-21-22.)
1106.13 BUSINESS DISPLAYS.
In all commercial districts, all businesses, services and merchandise displays must be conducted within a completely enclosed building except as otherwise provided in this Zoning Code. (Ord. 2021-057. Passed 6-16-21.)
1106.14 SATELLITE SIGNAL RECEPTION DEVICES.
Satellite Signal Reception Devices (SSRD) are accessory uses to the principal use. The following restrictions apply to these structures:
(a) No SSRD will be permitted in any front or side yard.
(b) An SSRD placed in any rear yard must be a minimum of five (5) feet from any side or rear property line.
(c) The permitted maximum height of an SSRD must be as follows:
(1) In residential zoning districts the maximum height of an SSRD must not exceed fifteen (15) feet from grade to top of structure for ground mounted units; and the maximum height permitted in the district regulations for roof mounted units.
(2) In all other districts, the maximum height of an SSRD must be that as required by the individual zoning districts.
(Ord. 2021-057. Passed 6-16-21.)
1106.15 TEMPORARY STRUCTURES.
(a) Temporary structures must be removed within fourteen (14) days.
(b) No temporary structure can be erected for more than fourteen (14) days in a ninety (90)-day period.
(c) The applicant may obtain a permit from the Community Development Director to exceed the 14-day limit. The Director's decision will be based upon the temporary structure's impact upon the community and concerns regarding any potential safety hazards.
(d) A temporary structure (such as a tent or canopy) erected in the back yard of a residence that complies with all required setbacks and is not being used for any business purpose is not subject to the fourteen (14) day time limits.
(e) In addition, at the discretion of the Building Official, any structure in place for more than sixty (60) days, regardless of whether such structure is legal, may be deemed a permanent structure, subject to all the rules and requirements of a permanent structure, including a site plan and permits.
(f) Temporary structures for use incidental to construction work may be erected in any of the zoning districts. Such temporary building or buildings must be removed upon completion or abandonment of the construction work.
(Ord. 2021-057. Passed 6-16-21.)
1106.16 RECREATIONAL VEHICLE STORAGE.
(a) Residents of the City may store their own recreational vehicles on their own property for an indefinite period of time, provided the vehicles are in operable condition, has a valid registration, and are not stored within any required front or side yard setback or within five (5) feet of another side lot line within the side yard area. Storage of a recreational vehicle on a front or side yard setback, easement, or public right-of-way is prohibited. Additionally, if stored within a condominium development, the recreational vehicle must be stored on a hard surface (e.g., concrete, asphalt, or brick pavers).
(b) A recreational vehicle parked or stored on a residential lot must not be connected to sanitary facilities and cannot be occupied.
(Ord. 2021-057. Passed 6-16-21.)
1106.17 EXTERIOR LIGHTING AND GLARE.
(a) Area Lighting.
(1) Shielding. All outdoor lighting must be directed toward and confined to the ground areas. Full cut-off fixtures must be used to prevent light from projecting above a ninety (90) degree horizontal plane. See Figure 14.
(2) Light Trespass Limits. Exterior lighting sources must be designed, constructed, located, and maintained in a manner that diminates light trespass onto neighboring properties. The light trespass from a property must not exceed 0.0-foot candles at the property line, measured at grade.
(3) Up-lighting. All up-lighting used for the external illumination of buildings must be placed and shielded so as to not interfere with the vision of persons off the property.
(b) Prohibited Lighting.
(1) Flashing or Moving Lights. All illumination of outdoor features of a flashing, moving, or intermittent type are prohibited.
(2) Recreational Facility Lighting. No outdoor recreational facility, public or private, will be illuminated after 11:00 p.m., except to conclude a permitted recreational or sporting event or other activity already in progress prior to 11:00 p.m.
(3) Laser Source Light. The use of laser source light or any similar intensity light for outdoor advertising or entertainment is prohibited.
(4) Searchlights. The operation of searchlights for advertising purposes is prohibited.
(5) Lighting for Advertising. The use of lighting for advertising and/or conspicuous purposes is prohibited, except where such lighting is approved by the Community Development Department, as part of a sign, and in compliance with all the requirements of this Zoning Code.
(Ord. 2023-051. Passed 8-16-23.)
(c) Exempt Lighting. The following exterior lighting fixtures and systems are exempt from the regulations of this section. The Community Development Director is authorized to enforce standards to minimize glare, reduce light pollution, and otherwise protect the health, safety, and welfare of the public.
(1) Light fixtures placed by a governmental agency in the public right-of-way;
(2) Decorative holiday lighting;
(3) Pedestrian walkway lighting;
(4) Temporary festival and civic lighting;
(5) Temporary construction or emergency lighting;
(6) Instances where federal, state, or local laws, rules, or regulations take precedence over the provisions of this section.
(Ord. 2021-057. Passed 6-16-21.)
(d) Abandoned and Inoperable Lighting. When a light fixture is removed or deemed abandoned or inoperable, all brackets, poles, bases, wiring and any other structural element that was part of or in support of a lighting fixture must be removed and the site on which it was located restored to align with the surrounding site conditions.
(Ord. 2025-080. Passed 8-20-25.)
1106.18 SOLAR ENERGY.
(a) Roof-Mounted and Wall-Mounted Solar Energy Systems: Roof-mounted and wall-mounted solar energy systems for on-site use are permitted accessory structures in all zoning districts, subject to the following regulations:
(1) Wall-mounted systems must not exceed the dimensions of the exterior wall.
(2) Height. Roof-mounted systems must not extend more than three (3) feet above the roofline nor extend above the maximum permitted height of the building to which it is attached.
(3) Location.
A. Roof-mounted solar energy systems may be located anywhere on a roof of a principle or accessory structure, or protrude beyond the edge of the roof.
B. Wall-mounted solar energy systems may be located anywhere on the wall of a principle or accessory structure.
(b) Ground-Mounted Solar Energy Systems (10 kW or less). Ground mounted and freestanding solar energy systems of 10kW or less for the on-site use are permitted accessory structures in all zoning districts, subject to the following regulations:
(1) Location and Setbacks. Solar energy systems must be located in the rear of the principle building. Solar energy systems must also meet the minimum setbacks of the zoning district.
(2) Height. The height of the solar energy system and any mounting equipment must not exceed twenty (20) feet in a residential zoning district or thirty-five (35) feet in a commercial or industrial zoning district, when oriented at maximum tilt or the height of the screening, whichever is less.
(3) Screening. Evergreen landscaping must be provided to screen the racking (i.e., the framing below the panels) from view on all sides.
(4) Power Lines. All power lines between solar panels and inverters must be placed underground.
(c) Removal. If a solar energy system ceases to perform its intended function (generating electricity) for more than six (6) consecutive months, the operator must remove the collectors, mounts, and associated equipment and facilities no later than ninety (90) days after the end of the six (6) month period. Where the removal has not been completed as required above, it is violation of this Code and is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) 501.13, as amended.
(d) Utility Connection. The applicant must submit evidence that the utility company has been informed of the customer's purpose to install an interconnected, customer-owned solar energy system and that such connection has been approved. Off-grid systems are exempt from this requirement. (Ord. 2021-057. Passed 6-16-21.)
1106.19 WIND ENERGY.
(a) Where Permitted.
(1) Roof-mounted small wind energy systems are permitted by right in all zoning districts, provided that the system does not fall within the front yard and all of the applicable requirements of this Code are met.
(2) Tower-mounted small wind energy systems may be permitted as a special land use in the U, I-R, and I districts, provided that the system does not fall within the front yard and all of the applicable requirements of this Code are met.
(b) Minimum Lot Area.
(1) Roof-mounted small wind energy systems will have no minimum lot area.
(2) Tower-mounted small wind energy systems must be located on a lot with a minimum area of one (1) acre.
(c) Maximum Wind Turbine Height.
(1) Roof-mounted small wind energy systems will have a maximum height of ten (10) feet above the highest point of the roof or ten (10) feet above the maximum height of the zoning district, whichever is lower.
(2) Tower-mounted small wind energy systems will have a maximum height of twenty (20) feet.
(d) Minimum Setbacks.
(1) Roof-mounted small wind energy systems must adhere to the minimum setbacks of the zoning district.
(2) Tower-mounted small wind energy systems must be set back from all property lines, overhead utility rights-of-way and easements, and other towers by a distance equal to or greater than the height of the windmill or tower.
(e) General Standards. The following requirements are applicable to all wind energy systems.
(1) Noise. A wind energy system must comply with the noise standards set forth in the Kent Codified Ordinances (KCO).
(2) Shadow Flicker. The application for a wind energy system must include a shadow flicker analysis demonstrating impact on adjacent and nearby residential properties. Wind energy systems must be constructed in locations that minimize the impacts of shadow flicker on residences.
(3) Lighting. No wind energy system will be artificially lighted unless required by the Federal Aviation Administration (FAA).
(4) Appearance, Color, and Finish. The wind energy system must be maintained in the color or finish that was originally applied by the manufacturer, unless otherwise approved in the building permit. All wind energy systems will be a single non-reflective, non-obtrusive, matte finished color (e.g., white or gray).
(5) Signs. The manufacturer or installer's identification sign, appropriate warnings signs, and an owner identification sign, are permitted. All other signs are prohibited.
(6) Electrical Wires. All electrical wires associated with a wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and grounding wires, must be located underground.
(7) Compliance with Ohio Building Code, as amended. Building permit applications for wind energy systems must be accompanied by line drawings of the electrical components in sufficient detail to determine compliance.
(8) Construction Codes, Towers, and Interconnection Standards. Wind energy systems, including towers, must comply with all applicable state construction and electrical codes and local building permit requirements. Wind energy systems including towers, must comply with the FAA requirements, and other applicable local and state regulations. A wind energy system connected to the public utility electrical grid must comply with the Public Utilities Commission of Ohio and Federal Energy Regulatory Commission standards. Off-grid systems are exempt from this requirement.
(9) System Access. Small wind energy systems must be designed and installed such that step bolts, ladders, or other means of access readily accessible to the public are located at least eight (8) feet above grade level.
(10) Safety. A wind energy system must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over speeding. All wind towers must have lightning protection. If a tower is supported by guy wires, the wires must be clearly visible to a height of at least six (6) feet above the guy wire anchors.
(11) Minimum Ground Clearance. The lowest extension of any blade or other exposed moving component of a wind energy system must:
A. Be at least twenty (20) feet above the surrounding grade at its highest point;
B. Within twenty (20) feet of the base of the tower; and
C. A minimum of twenty (20) feet above any outdoor surface intended for human use, such as balconies or roof gardens that are located below the wind energy system.
(12) Roof-Mounted Small Wind Energy Systems. Roof-mounted small wind energy systems must be limited to roof mounting and must not be mounted on any other building wall or surface.
(13) Removal. If a small wind energy system ceases to perform its intended function (generating electricity) for more than six (6) consecutive months or has been abandoned, the property owner must remove the wind energy system, electrical components, and all other associated facilities no later than ninety (90) days after the end of the six (6) month period. Where the removal has not been completed as required above, the violation is subject to enforcement under the provisions for civil offenses in accordance with Section 501.13
(KCO), as amended.
(14) Utility Connection. The applicant must submit evidence that the utility company has been informed of the customer's purpose to install an interconnected, customer-owned wind energy generator and that such connection has been approved. Off-grid systems are exempt from this requirement. (Ord. 2021-057. Passed 6-16-21.)
1106.20 PUBLIC ART.
Public art is classified in the Code as art displayed through various mediums, including but not limited to wall murals and sculptures, designed and located such that the art is visible or accessible to the general public from any public right-of-way.
(a) Administrative Regulations.
(1) Review and Recommendation. All proposed public art must be reviewed and a recommendation of approval forwarded to the City by the Main Street Kent Public Art Advisory Board prior to installation. If at any point in the future, Main Street Kent, a nonprofit organization legally organized and recognized by the State of Ohio Secretary of State, were to be dissolved or its Public Art Advisory Board disbanded, Kent City Council must identify an alternative board or committee for the review of public art.
(2) Submission to the Community Development Department. The Main Street Kent Public Art Advisory Board must submit written notification of the recommendation of approval of all public art. The written notification must include the following information:
A. Approved rendering of the public art and its size specifications/dimensions;
B. Address of the property where the public art is to be displayed and located; and
C. Documentation of consent from the property owner for the display and location of the public art.
(3) Fine Arts Permit. The Zoning Inspector must issue a permit for the display of the public art after verifying:
A. The public art does not contain a logo, image, insignia, trademark, or any similar component that will categorize it as a sign, subject to the sign regulations of this Code;
B. The public art does not contain any images, text, or symbolism that can be categorized as obscene as defined by this Code; and
C. The public art is not located on or affixed to the front façade of a building.
(4) Appeals. Any public art applicant may appeal the Main Street Kent Public Art Advisory Board recommendation decision or decision of the Zoning Inspector when issuing a Fine Arts Permit to Kent City Council.
(Ord. 2021-057. Passed 6-16-21.)
1107.01 PURPOSE.
The purpose of this Chapter is to provide for the size, location and construction of accessways, off-street parking areas and loading areas for new and/or converted uses within the City of Kent. The provision of off-street parking spaces is necessary to reduce traffic hazards and the congestion of streets. The regulation of the location, design, maintenance, and other features of off-street parking lots is in the interest of the public safety and welfare.
(Ord. 2021-057. Passed 6-16-21.)
1107.02 REVIEW PRIOR TO ISSUANCE OF ZONING PERMIT.
Any proposed new development or conversion for which a Zoning Permit is required, as specified in Section 1111.01(c), must be reviewed for conformance to the requirements of this Chapter prior to the issuance of the Zoning Permit.
(Ord. 2021-057. Passed 6-16-21.)
1107.03 COMPLIANCE WITH ALL PARKING REQUIREMENTS OF THIS CHAPTER.
(a) Depending on the scope of work, the approving authority will be the Zoning Inspector or the Planning Commission as stated in Chapter 1112.
(b) The parking requirements of this Code must be met when one (1) or more of the following takes place:
(1) Any new building or structure;
(2) Commencement of use of any land;
(3) Any alterations to a building or structure which would require additional parking;
(4) Any alteration to the use of any building, structure, or use of land which would require additional parking.
(Ord. 2021-057. Passed 6-16-21.)
1107.04 SITE ACCESSWAY DESIGN AND CONSTRUCTION.
For every new or converted multifamily, commercial or industrial use, the following standards must apply to the design of ingress, egress, or accessways:
(a) Curb Cuts and Driveway Separation Distances. All curb cuts and separation distances must meet the requirements of Chapter 901 of the KCO (Streets, Curbs, and Driveways). Unless stated otherwise in this Code, driveways must be separated from the side lot line or rear lot line by a minimum of 12 inches of unpaved land to ensure a buffer between driveways and the adjacent lot line.
(b) Minimum Width. Each ingress and/or egress driveway must have a minimum width of twenty (20) lineal feet and must be so designed so as to provide adequate turning and maneuvering for emergency and service vehicles.
(c) Materials. Each ingress and/or egress driveway must be improved with hard surface materials (excluding gravel) from the street to the entrance of the parking area.
(d) Offset. To reduce left-turn conflicts, new nonresidential driveways should be aligned with driveways or streets on the opposite side of the roadway where possible. If alignment is not possible, driveways must be offset a minimum of fifty (50) along the public right-of-way line of all roadways. See Figure 15. Planning Commission may modify the offset.
(e) Spacing from Intersections. Minimum spacing requirements between a proposed nonresidential driveway and an intersection either adjacent or on the opposite side of the street must be setback fifty (50) feet from the public right-of-way. The Planning Commission may modify the spacing standards.
(f) Measurements. All measurements are from the near edge of the proposed driveway, measured at the throat perpendicular to the street, to the public right-of-way line of the intersection. See Figure 15.
(g) Maximum Number of Accessways. There must not be more than two accessways abutting on any one street. Planning Commission may approve additional accessways as part of site plan review.
(h) Ingress and Egress. Ingress and egress driveways must not be used to meet the requirements stated in Section 1107.05
: "Minimum Number of Parking Spaces", and thereby block the reasonable flow of vehicles to parking spaces. Parking arrangements within ingress and egress driveway areas must be approved by the Planning Commission.
(i) Driveway Distance from Single-Family Residential Zone. Each entrance and exit to and from any off-street parking lot located in a non-residential district must be at least twenty-five (25) feet from an adjoining residential use.
(j) Traffic Impact Studies. The Planning Commission may require a traffic impact study (TIS) for any proposed development that it reviews, to include non-motorized and pedestrian users.
(1) The TIS must be submitted by the developer or applicant to determine the potential future traffic conditions on adjacent roadways once a proposed development is finished.
(2) The TIS must be performed in accordance with and meet the standards set by the City Engineer.
(3) TIS must predict the peak-hour operational conditions at site driveways and road intersections affected by the development.
(4) The results of the TIS must be used in the final design of access points and internal circulation and must identify necessary off-site road improvements.
(k) Bicycle/ Pedestrian Access and Parking. Where there is a bicycle and/or pedestrian network in the public right-of-way, new developments must connect to the bicycle and/or pedestrian transportation network. Where bicycle parking is required by the Planning Commission or Zoning Inspector, as applicable, during site plan review or minor site plan review (see Section 1111.02
), respectively, bicycle parking must be conveniently located near the public entrance and well-lit to discourage theft or vandalism. If a project requires a parking plan, the plan must accommodate bicycles.
(Ord. 2021-057. Passed 6-16-21.)
1107.05 MINIMUM NUMBER OF PARKING SPACES REQUIRED.
(a) The following standards must be used in order to determine the minimum number of parking spaces required for the specified use:
Use | Parking Requirements |
Accessory Buildings | N/A |
Adult Use Cannabis Facilities | One (1) parking space per 500 sq. ft. |
Agricultural Uses and Buildings | N/A |
Airports, Airfields, and Landing Strips | Two (2) parking spaces |
Apartment Complex | One and a quarter (1.25) parking spaces per bed |
Assisted Living Facility | One (1) parking space per employee on day shift, plus one (1) parking space for each ten (10) beds |
Automotive, Mobile Home, Trailer, and/or Farm Implement Sales | One (1) parking space for every 200 sq. ft. |
Automotive Repair, Major | Four (4) parking spaces per service bay |
Automotive Repair, Minor | Four (4) parking spaces per service bay |
Automotive Temporary Storage (Including Rentals) | One (1) parking space per 200 sq. ft. plus one (1) parking space per vehicle stored |
Automotive Washing Facilities (Car Wash) | One (1) parking space per 500 sq. ft. |
Banks and Financial Institutions (Excluding Drive-Through Facilities) | One (1) parking space per 500 sq. ft. |
Banks and Financial Institutions (Including Drive-Through Facilities) | One (1) parking space per 500 sq. ft. |
Banquet Halls | One (1) parking space per 200 sq. ft. |
Bar, Tavern, Night Club, Saloon, and Similar Establishments | One (1) parking space per 200 sq. ft. |
Bed and Breakfast | Two (2) parking spaces for owner plus one (1) parking space per rented bedroom |
Building Materials, Sales Yard, and Lumber Yards | One (1) parking space per 600 sq. ft. |
Business, Non-retail | One (1) parking space per 250 sq. ft. |
Business, Retail | One (1) parking space per 500 sq. ft. |
Cemeteries | N/A |
Child Day Care Facilities | One (1) parking space per 250 sq. ft. |
Child Day Care Homes, Type A & B | One (1) parking space per 250 sq. ft. |
Crematories | Twenty (20) parking spaces per parlor |
Domesticated Animal Kennels | One (1) parking space per 4 stalls |
Dormitories | One (1) parking space per 8 residents |
Drive-Thru Convenience and Beverage | One (1) parking space per 200 sq. ft. |
Extractive Uses | N/A |
Fraternal Societies | One (1) parking space per 200 sq. ft. |
Fraternity or Sorority Houses | One and a quarter (1.25) parking spaces per bed |
Fuel, Food and Goods Distribution Station, Warehouse, and Storage | One (1) parking space per 2,000 sq. ft. |
Funeral Homes (Without Crematories) | Twenty (20) parking spaces per parlor |
Gasoline Stations | One (1) parking space for fueling pump |
Home Businesses, Limited | N/A |
Home Occupations | Parking requirement will be based on nature of use |
Homeless Emergency Shelters | Two (2) parking spaces, plus one (1) parking space for every six (6) beds |
Hospitals | One (1) parking space per 500 sq. ft. |
Hotels or Motels | One (1) parking space for each bedroom |
Junk Yards, Scrap Yards, and Impound Lots | One (1) parking space for each two employees, plus one parking space for each 10,000 sq. ft. |
Libraries | One (1) parking space per 500 sq. ft. |
Manufacturing, Heavy | One (1) parking space per 1,000 sq. ft. |
Manufacturing, Light | One (1) parking space per 1,000 sq. ft. |
Medical Marijuana, Cultivator Level I | N/A |
Medical Marijuana, Cultivator Level II | N/A |
Medical Marijuana, Dispensaries | One (1) parking space per 500 sq. ft. |
Medical Marijuana, Processors | One (1) parking space per 1,000 sq. ft. |
Medical Marijuana, Testing Laboratories | One (1) parking space per 1,000 sq. ft. |
Microbreweries | One (1) parking space per 1,000 sq. ft. of production space plus one (1) parking space per 200 sq. ft. of taproom area. |
Mixed Use Developments | N/A |
Monument Sales and Displays | One (1) parking space per 500 sq. ft. |
Multifamily Dwellings | One and a quarter (1.25) parking spaces per Dwelling Unit |
Nursery & Greenhouses (No Retail) | N/A |
Nursery & Greenhouses (with Retail) | One (1) parking space for each 500 sq. ft. of retail space |
Oil and Gas Wells, Drilling, and Operations | N/A |
Open Air Markets/Farmers Markets | N/A |
Outpatient Addiction Services Facilities | One (1) parking space per 250 sq. ft. |
Parking Lots and Garages (Not Accessory to a Use) | N/A |
Passenger Transportation Agencies and Terminals | Parking requirement will be based on nature of use |
Radio or Television Broadcasting Stations | One (1) parking space per 500 sq. ft. |
Recreational Facilities, Indoor | One (1) parking space per 200 sq. ft. |
Recreational Facilities, Outdoor | Parking requirement will be based on nature of use |
Recycling Centers | One (1) parking space per 2,000 sq. ft. |
Religious Institutions | Parking requirement will be based on nature of use |
Residential Facilities | One (1) parking space per employee on day shift, plus one (1) parking space for each six (6) beds |
Restaurants | One (1) parking space per 200 sq. ft. |
Roadside Stands | N/A |
Rooming and Boarding Houses | One and a quarter (1.25) parking spaces per bed |
Sanitary Landfills | Two (2) parking spaces |
Schools, Public and Private | Four (4) parking spaces per classroom |
Sexually Oriented Uses and Businesses | One (1) parking space per 500 sq. ft. |
Single-Family Dwellings | Two (2) parking spaces per Dwelling Unit |
Storage Units and Storage Locker Facilities | One (1) parking space per 3,000 sq. ft. |
Temporary Structures | Parking requirement will be based on nature of use |
Testing/Experimental/Research Facilities | One (1) parking space per 1,000 sq. ft. |
Tool and Equipment Rentals | One (1) parking space per 1,000 sq. ft. |
Truck or Transfer Terminals and Motor Freight Garages | One (1) parking space for each 2,000 sq. ft. |
Truck Servicing | One (1) parking space for each 2,000 sq. ft. |
Two-Family Dwellings | Two (2) parking spaces per Dwelling Unit |
Utilities & Associated Structures | N/A |
Veterinarian Hospitals or Clinics | One (1) parking space per 250 sq. ft. |
Warehouses | One (1) parking space for each 2,000 sq. ft. |
Wholesale Clubs and Stores | One (1) parking space per 300 sq. ft. |
Wildlife Refuges and Game Preserves | N/A |
(Ord. 2021-057. Passed 6-16-21; Ord. 2024-058. Passed 6-19-24.)
(b) Fractional Spaces. If the parking space calculation required results in a fraction, the number of required spaces must be rounded up to the next whole number.
(c) Requirements for Uses Not Specified. Where the off-street parking requirement for a use is not specifically defined in this Chapter, the parking facilities for such use must be developed so as to be sufficient to meet all the parking needs of the proposed use.
(d) Parking Deferment. Where the property owner can demonstrate, or the Planning Commission finds, that the required number of parking spaces is excessive and the proposed parking will meet the demand for the proposed use, the Planning Commission may approve fewer parking spaces provided the following conditions are met:
(1) A proposed deferred parking area must be shown on the site plan of sufficient size to meet the parking space, circulation, and maneuvering requirements of this Chapter, including dimensions and dotted parking lot layout.
(2) The proposed deferred parking area must be retained as open space.
(3) The proposed deferred parking area must be on the same lot as the principal use, unless otherwise approved by the Planning Commission.
(4) The proposed deferred parking area must not be in a required setback or a required landscape area.
(5) A written legal agreement, provided by the applicant, subject to approval as to form by the City attorney, must include provisions to construct the deferred parking and the agreement must be referenced on the site plan.
(6) The legal agreement must include provisions for the owner to construct the deferred parking, at the discretion of the Community Development Department, if there have been three (3) documented violations from the City. (Ord. 2021-057. Passed 6-16-21.)
1107.06 BARRIER-FREE PARKING REQUIRED.
Each parking lot that services a building entrance, except single- or two-family residential or temporary structures, must provide barrier-free parking spaces which comply with the laws of the State of Ohio and the Americans with Disabilities Act.
(Ord. 2021-057. Passed 6-16-21.)
1107.07 MINIMUM NUMBER OF BICYCLE PARKING SPACES.
(a) Bicycle Parking Standards. A bicycle parking space means one hoop-style rack, or another type of rack that has similar functionality, that is securely anchored in pavement and designed so that both wheels and the frame of a bicycle may be securely attached with a chain, cable or padlock. Each rack for bicycle parking must consist of a clear space not less than two feet wide by six feet long with a minimum clear access aisle width of three feet.
(b) Bicycle Parking Required. The following standards must be used in order to determine the minimum number of bicycle parking spaces or other bike friendly facilities:
Use
Bicycle Parking Spaces Required
Drive-thru Convenience and Beverage
One (1) bicycle space per ten (10) parking spaces
Multifamily or Apartment Dwellings
50 Dwelling Units or less: 1 bicycle parking space for every 5 units
Over 50 Dwelling Units: 10 + 1 bicycle parking space for every 10 units over 50
Office
1-50 employees: 2 bicycle parking spaces
51-100 employees: 4 bicycle parking spaces
100+: 6 bicycle parking spaces plus 2 bicycle parking spaces for every 50 additional employees
Professional Services
One (1) for every 10,000 square feet
Restaurants, excluding the C-D District
One (1) bicycle space per ten (10) parking spaces.
Retail
One (1) for every 2,000 square feet
(c) Exemptions. Assisted Living Facility and Residential Facilities are exempt from the requirements of this Section.
(Ord. 2021-057. Passed 6-16-21.)
1107.08 MINIMUM PARKING SPACE AND MANEUVERING LANE SIZE.
(a) The minimum parking space dimensions are detailed in Figure 166. Minimum Parking layout Dimension Requirements.
Min. Maneuvering Lane Width | ||||
Angle (in Degrees) | Min. Stall Length | Min. Stall Width | One-way | Two-way |
0 (parallel) | 23 feet | 9 feet | 12 feet | - |
30-53 | 20 feet | 9 feet | 15 feet | - |
54-74 | 20 feet | 9 feet | 18 feet | - |
75-90 | 18 feet | 9 feet | 12 feet | 24 feet |
Compact Car Spaces | 16 feet | 8 feet | - | - |
(b) Compact Car Spaces. Off-street parking spaces for compact or small cars must not exceed thirty percent (30%) of the required off street parking spaces. Compact or small car spaces must conform to the following standards:
(1) The minimum size of a compact or small car parking space must be 8'0" in width by 16'0" in length.
(2) The required maneuvering space and drive aisle width are detailed in Figure 166. Minimum Parking layout Dimension Requirements .
(3) The Planning Commission may modify or adjust the required aisle width when the entire aisle is for compact or small car spaces only.
(4) Compact or small car parking spaces must be clustered in groups or at the end of a row, and not intermixed with spaces designed for full size cars. Compact or small car parking space must be designated as being for the exclusive use of compact or small cars through the use of signage or markings.
(c) Shorter Parking Stall Length. The requirements for parking stall length may be reduced by two (2) feet where 90-degree parking abuts a sidewalk, other pavement, or sodded area at the front of the stalls provided such pavement or sidewalk measures a minimum of eight (8) feet in width, or at least two (2) additional feet of landscaped area are provided to account for the vehicle overhang.
(d) Stacked Parking. Stacked parking spaces are prohibited.
(e) Maneuvering Lane Width. All maneuvering lanes must be of sufficient width to permit one-way traffic movement, except that 90-degree pattern must permit two-way movement.
(f) Maneuvering Lane Access. All spaces must be provided adequate access by means of maneuvering lanes. Backing directly onto a street, or requiring the use of a street for a maneuvering lane is prohibited. Parking spaces must be clearly identified and marked with durable striping to distinguish the boundaries of the maneuvering lane and parking stalls.
(Ord. 2021-057. Passed 6-16-21.)
1107.09 PARKING AREA DESIGN.
The following standards must apply to the design of off-street parking areas as they are required in this Chapter for all new or converted multifamily, apartment, commercial, or industrial uses:
(a) Proximity of Required Parking Area. In all districts that require off-street parking in connection with every use, building, or part thereof hereafter created, sufficient parking facilities must be provided off-street to meet or exceed the parking requirement specified in the chapter; the furthest edge of such facilities must be within seven hundred (700) feet of the principal permitted use or building.
(b) Hard Surfacing: All parking areas, regardless of size, must be hard surfaced. Pavement type and thickness must be approved by the Development Engineer prior to construction, taking into consideration soil conditions and traffic loadings.
(c) Turning Radii. Sufficient turning radii must be provided in accordance with approved engineering standards so as to be adequate for all vehicle movement, including fire and safety vehicles, school buses, or other oversize vehicles, which may make use of the area.
(d) Storm Water Management. Storm water runoff created as a result of the improvements to the parking area must be controlled in such a manner so as to reduce and/or eliminate draining onto neighboring properties. Improved parking areas may be incorporated into the storm water management plan for the proposed project. Site grading as well as storm water control provisions must be reviewed and approved by the Development Engineer prior to site construction.
(e) Special Area Designation. Site plans for proposed projects must identify the location of handicapped spaces, trash receptacles, fire lanes, or other special areas as may be required by other local, state or federal laws.
(f) Maintenance. All off-street parking areas must be continually maintained in satisfactory condition so as to be safe, attractive, and free of any hazard, nuisance, or other unsafe condition.
(g) Curbs and Other Barriers. Except for those parking areas serving a single-family or two-family dwelling unit, concrete curbs, sidewalks and other items as necessary for the protection of the public and adjacent properties must be provided and maintained around all parking areas, including where parking spaces abut landscaping, property lines or required setback areas. The Planning Commission may approve an alternative design when opportunity exists to substantially improve the water quality of the site. In all cases where parking lots adjoin public sidewalks, a concrete curb at least six (6) inches high, or wheel stops must be installed so that a motor vehicle cannot be driven or parked within two (2) feet of a public sidewalk.
(h) Snow Storage. An area equivalent to ten percent (10%) of the required parking stall area must be provided for snow storage. The snow storage area must be landscaped and if the parking lot is bounded by a fence, the snow storage area must be located on the parking lot side of that fence. The snow storage area may be located in a landscape area required in Chapter 1108 or in a storm water management area, subject to approval by the City. Snow storage on lot corners and near driveway entrances must meet the clear vision requirements of Section 1106.09:
.
(i) Repaving and Restriping. Prior to repaving or restriping a parking lot, a plot plan must be submitted to the Zoning Inspector for Zoning Compliance Review pursuant to Section 1111.02
, if number or configuration of parking spaces changes.
(j) Storage Prohibited. Parking lots must not be used for the storage or parking of inoperable or wrecked vehicles of any type, used as a storage area for industrial equipment or material, or used as a dump for refuse of any description. In addition, the parking of motorized recreation vehicles or boats are prohibited from being parked or stored in off-street parking areas.
(k) Landscaping and Screening. Parking areas must be landscaped and screened pursuant to Chapter 1108.
(m) Parking Plan. Applicable to the C-D and N-C Zoning Districts only.
(1) All parking plans or parking areas governed by this Section must consider, to the satisfaction of the approving authority, each of the following:
A. Where applicable, sufficient availability and location of residential parking;
B. Where applicable, sufficient availability and location of customer and/or employee parking;
C. Proximity of available parking for use by residents, customers and/or employees to building entrances;
(Ord. 2021-057. Passed 6-16-21.)
1107.10 CHANGE IN USE OF OFF-STREET PARKING LOT.
Any area once designated as a required off-street parking lot must not be changed to another use unless and until equal facilities are provided elsewhere.
(Ord. 2021-057. Passed 6-16-21.)
1107.11 PARKING AND LOADING FOR MULTIPLE USES AND SHARED USES.
The parking and loading regulations for any premises with multiple uses must be the sum of the minimum requirements for the individual uses on the premises.
In order to meet the minimum amount of required off-street parking spaces for a given use, application must be made to the Planning Commission for the right to engage in the joint use of owned parking spaces. Prior to approving the joint use of parking spaces to meet the minimum amount of required off-street parking for a given use in a given district, the Planning Commission must verify by a preponderance of the evidence that each of the following statements are true:
(a) The shared use of off-street parking spaces is unlikely to have overlapping times.
(b) The parking spaces designated for shared use comprise less than seventy-five (75%) of the applicant's minimum required off-street parking spaces.
(c) The parking spaces designated for shared use are within seven hundred (700) lineal feet of the applicant's primary entrance.
(d) Written agreements between the applicant and the owner/operator of the parking spaces approve this shared use.
(e) There must be adequate pedestrian access provided between the shared parking lot and the associated buildings and uses.
(Ord. 2021-057. Passed 6-16-21.)
1107.12 USE OF FRONT AND REAR YARDS.
(a) Off-street parking facilities must not occupy any part of the front or side yard in any R-1, R-2, R-3, R-4, or O-R District.
(b) In all other Districts, off-street parking facilities are permitted in the front and rear yards provided that:
(1) In the front yard, a landscaped strip of no less than twenty (20) feet is maintained between the parking area and the public right-of-way line, and
(2) In the rear yard, a landscaped strip of no less than five (5) feet is maintained between the parking area and the rear property line.
(c) For purposes of administering subsections (a) and (b) of this Section only, yards fronting upon an alley will not be considered a front yard.
(Ord. 2021-057. Passed 6-16-21.)
1107.13 PARKING LOTS IN RESIDENTIAL DISTRICTS.
(a) The parking lot must be accessory to and for the use in connection with one or more permitted or conditionally permitted uses in adjoining commercial or industrial district.
(b) Such parking lot must be used solely for the parking of passenger vehicles and no commercial repair work or service of any kind must be conducted on such parking lot.
(c) No sign of any kind, other than those designating entrances, exits, wayfinding, conditions of use and penalties for improper use must be maintained on such parking lot.
(d) Entrances and exits must be at least twenty-five (25) feet from any abutting property located in any R-1, R-2, R-3, R-4 or O-R District.
(Ord. 2021-057. Passed 6-16-21.)
1107.14 MINIMUM LOADING AND UNLOADING SPACE.
Every building used for nonresidential purposes which customarily receives or distributes goods by motor vehicle must provide sufficient space on the premises for all loading and service purpose on the basis of the following minimum regulations:
(a) Minimum Size. Every building having over 5,000 square feet of gross floor area must be provided with at least one (1) truck loading and unloading space not less than twelve (12) feet in width, forty (40) feet in length, and fourteen (14) feet clearance. An additional truck space of these dimensions must be provided for every additional 20,000 square feet or fraction thereof, of gross floor area in the building.
(b) Modification. The Zoning Inspector or Planning Commission, as applicable, may modify the minimum size requirement during site plan review, to be less than 12 feet by 40 feet if the minimum dimensions are impractical based on the use of the site or the site cannot reasonably accommodate a loading space of 12 feet by 40 feet. If the site cannot reasonably accommodate a loading space of 12 feet by 40 feet, the Planning Commission may consider temporary loading area alternatives pursuant to the standards of Section 1107.14
(c).
(c) Temporary Loading Area Alternatives. Where the site cannot reasonably accommodate a loading space, the Planning Commission or Zoning Inspector, as applicable, may permit a temporary loading area in parking spaces or on one (1) side of a two-way maneuvering lane, provided the temporary loading area is clearly shown on the plans, includes a sign stating the permitted times of loading/unloading, is not located in an area that is hazardous to traffic safety, and does not prevent emergency vehicle access.
(d) Shared Loading Spaces. Two (2) or more adjacent buildings or lots may jointly share off-street loading facilities if adequate access to the individual uses is provided.
(e) Access. Access to truck loading and unloading space must be provided directly from a public street or alley or from any public right-of-way that will not interfere with public convenience and that will permit the orderly and safe movement of such trucks.
(f) Separation of off-street parking. Loading space, as required under this Section, must be provided in addition to off-street parking spaces and must not be considered as supplying an off-street parking space.
(g) Commercial Vehicle Parking. Off-street parking spaces must be provided for all commercial vehicles owned by or customarily used by the on-site business or industry. The Zoning Administrator may permit the off-street loading area to be used for this purpose, provided that the parking of commercial vehicles does not interfere with loading activities.
(h) Loading Zone Identification. Off-street loading zones must be designated with appropriate signs and pavement marking that prohibit parking of non-loading vehicles. Because pavement markings may, at times, be covered by snow, pavement markings must be supplemental to, not in lieu of, the signs.
(Ord. 2021-057. Passed 6-16-21.)
1107.15 DRIVEWAYS.
Driveways may must comply with the following:
(a) Not exceed twenty-four (24) feet in width;
(b) Must be of equal width from the traveled portion of the public or private road right-of-way to the driveway terminus.
(c) In R-1, R-2, R-3, R-3A and R-4 Zoning Districts, driveways must not exceed forty percent (40%) of the total required front yard on the lot.
(d) An applicant may seek a zoning permit from the Community Development Department if the applicant is only seeking to expand the width of the driveway at the terminus only in order to service a multicar garage.
(e) In R-1 , R-2, R-3, R-3A, and R-4 Zoning Districts, an applicant may seek a zoning permit from the Community Development Department if the applicant is only seeking to install a "bump-out" or "turn-around" in the applicant's driveway.
(f) The Community Development Department is not obligated to grant such a zoning permit requested under Section 1107.15(b) or Section 1107.15(c) and must review applications in accordance with any standards set forth by the Community Development Director. If an application is denied, the applicant may seek a variance.
(Ord. 2022-099. Passed 9-21-22.)
1107.16 ROOMING AND BOARDING HOUSES.
All new and expanded rooming and boarding houses must provide adequate parking for tenants based on the following:
(a) Location. Parking areas must be located behind the primary structure. The Planning Commission may allow parking to be located at least five (5) feet from the rear property line if the applicant demonstrates to the satisfaction of the Planning Commission that such proximity will not negatively impact the abutting property.
(b) Number of Spaces. Unless otherwise permitted, all of the parking spaces must be located on the subject property. The minimum number of parking spaces must comply with Section 1107.05
.
(c) Off-Site Parking. Off-site parking, including parking on a public street, may not be used for meeting the minimum parking requirements as set forth in this Code, unless the applicant adequately demonstrates to the Planning Commission that he/she has exclusive permission from an adjoining property owner to use "excess" spaces available on the adjoining property in accordance with the shared parking provisions in Section 1107.11
. "Excess" spaces are spaces not needed to meet the parking requirements for the use occupying the adjoining property and/or not allocated to the exclusive use of another property.
(d) Allowable Area. Not more than sixty (60) percent of the actual rear yard area may be occupied by the parking area and driveway.
(e) Surfacing and Drainage. Parking provided on site must be paved in accordance with Chapter 1107; however, the parking may be installed using a gravel surface if the gravel is contained with an adequate barrier that prevents it from being spread outside of the approved parking area. Adequate storm drainage must be provided in accordance with applicable sections of the Kent Codified Ordinances. In paved lots, the parking spaces must be striped to the proper dimension. In gravel lots, parking wheel stops or marked railroad ties must delineate the parking space locations. Where gravel parking is used, drive aprons must be installed in accordance with City standards and the first twenty (20) feet of the driveway back from the street must be paved.
(f) Size and Layout of Parking Spaces. Parking spaces must meet the requirements of Chapter 1107. Parking areas should be designed, to the extent feasible, in a way that allows cars to pull forward out of the driveway into the street rather than having to back out into the street. Driveway areas may not be counted as parking spaces unless the driveway is of adequate dimension to allow for the separation of parked cars and cars moving in and out of the site.
(Ord. 2021-057. Passed 6-16-21.)
1108.01 PURPOSE.
(a) The standards and requirements provided by this Chapter are intended to help achieve the following functional and environmental objectives:
(1) Promote compatibility between land uses by reducing negative physical, visual, auditory, and lighting impacts between adjacent land uses by requiring complementary landscape treatments and providing a transitional area adjacent to natural areas;
(2) Recognize and preserve the aesthetic value of existing natural areas such as woodlands, wetlands, and floodplains within and adjacent to a development site;
(3) Promote the reestablishment of vegetation in urban areas for aesthetic, health, and urban wildlife purposes;
(4) Aid in energy conservation by providing shade from the sun and shelter from the wind;
(5) Control soil erosion by slowing the effects of erosive winds and water;
(6) Reduce stormwater runoff, pollution, temperature, and rate and volume of flow;
(7) Restore natural habitats through the reestablishment of native plants;
(8) Provide reasonable standards to bring proposed redeveloped sites into compliance with the requirements contained herein;
(9) Establish and enhance the visual character of an area in a manner that provides pleasant aesthetics and addresses safety issues;
(10) Define, articulate, and integrate outdoor spaces, architectural elements, and various site elements; and
(11) Promote the implementation of the Comprehensive Plan, as amended.
(b) This Chapter provides a set of landscaping requirements for use throughout the City. These regulations establish minimum requirements for materials, placement, layout, timing of installation, and maintenance.
(Ord. 2021-057. Passed 6-16-21.)
1108.02 APPLICABILITY.
(a) Prior to the issuance of a zoning permit for any site development, or construction of any building, structure, or vehicular use area, the Planning Commission must determine the proposed landscape plan conforms to the requirements of this chapter.
(b) Major Site Plan. This Chapter applies to all developments that qualify for major site plan review as designated in Section 1111.02
(d)(3)B.
(c) Minor Site Plan. This Chapter applies to all developments that qualify for minor site plan review as designated in Section 1111.02
(d)(3)A. with the following exceptions:
(1) If a landscape plan is required by Section 1108.03
, the landscape plan does not have to be prepared by a landscape architect licensed in the State of Ohio.
(2) City Staff may approve the submitted landscape plan or refer the landscape plan to the Planning Commission for approval.
(Ord. 2021-057. Passed 6-16-21.)
1108.03 LANDSCAPE PLAN REQUIREMENTS.
(a) A detailed landscaping plan must be submitted for any property to which this Chapter applies as part of the site plan review process. The applicant must furnish a detailed landscape plan prepared by a licensed landscape architect or landscape professional in the State of Ohio.
(b) The landscape plan must show location, spacing, size, variety and other pertinent data concerning existing and proposed landscaping materials.
(c) The landscape plan must be drawn at a reasonable scale to indicate all types of proposed landscape improvements, at a minimum of one-inch equals thirty feet (1" = 30'), and must include at least the following information:
(1) North arrow and scale;
(2) Name of the project;
(3) Name, address and phone number of the person or firm responsible for the preparation of the landscape plan;
(4) Dates on which the plan was submitted or revised;
(5) All existing and proposed buildings, other structures including but not limited to, paved areas, planted areas, fencing, walls, water outlets, utility poles, fire hydrants, luminaires, underground utilities, overhead wires, signs, fences, dumpster locations, and other permanent features to be added to or retained on the site;
(6) All existing plant material to be removed or retained and all proposed additions or changes to landscaping, buffering, and walkways, illustrating existing natural land features including, but not limited to: trees, forest cover, ponds, lakes, streams, wetlands, flood plains, drainage detention and retention areas, rivers, and any other body of water or waterway.
(7) A schedule of all new landscaping materials to be installed. The plant list must include the botanical name and common name for all plants, specified installation size, expected plant height at full growth, and on-center planting dimensions when applicable. When the list of plant material to be removed contains existing trees, the Landscaping Plan must justify that building location and placement has been developed with due consideration given to minimizing removal of trees;
(8) Locations and dimensions of existing and/or proposed streets, sidewalks, curbs and gutters, railroad tracks, paths, walkways, bikeways, and/or other impervious surfaces, in addition to illustrating natural and man-made streetscaping such as paving materials, vegetative materials, and material and design of street furniture;
(9) All property lines and easements;
(10) Structural soil details must be shown for the planting of trees, shrubs and ground cover within the buffered or landscaped area;
(11) Location and description of any and all storm water management or low impact development techniques used in site design (i.e., rain gardens, detention/retention ponds, filter strips, et cetera); and
(12) Any other information which is determined necessary by the Community Development Director or Planning Commission for adequate review of the proposal. (Ord. 2021-057. Passed 6-16-21.)
1108.04 EXISTING VEGETATION.
Existing landscaping or natural vegetation that are in satisfactory condition, may be used to meet the standards and satisfy the requirements of this Chapter in whole or in part, if protected and maintained during the construction phase of the development.
(Ord. 2021-057. Passed 6-16-21.)
1108.05 LANDSCAPING DESIGN REQUIREMENTS.
(a) Frontage Landscaping. Where the site abuts a public road right-of-way, the following frontage landscaping must be provided in the 20-foot landscape strip abutting the road right-of-way, as described in Section 1107.12:
Type of Landscaping | Minimum Required Landscaping |
Deciduous or Evergreen Tree | 1 per 40 linear feet of road frontage or fraction thereof |
Ornamental (Flowering) Tree | 1 per 100 linear feet of road frontage or fraction thereof |
Shrubs | 8 per 40 linear feet of road frontage or fraction thereof |
The 20-foot landscape strip must be sufficient to contain the required landscaping and ensure the survivability of plant material. For the purposes of computing length of road frontage, openings for driveways and sidewalks must not be counted. Trees and shrubs may be planted at uniform intervals, at random, or in groupings. However, the Planning Commission or Community Development Director may require the planting design to use massing or groupings of materials to create a stronger visual impact from the public right-of-way.
Example of Frontage Landscaping | |
Length of Road Frontage: 250 linear feet minus 24-foot driveway = 226 feet | |
Required Number of Plants | |
Deciduous or evergreen trees | 226 ft./40 ft. = 6 deciduous or evergreen trees |
Ornamental trees | 226 ft./100 ft. = 3 ornamental trees |
Shrubs | (226 ft./40 ft.) x 8 = 48 shrubs |
TOTAL | 6 deciduous or evergreen trees, 3 ornamental trees, and 48 shrubs |
(b) Parking Lot Landscaping. All parking areas and other paved ground surface areas used for vehicular parking must have perimeter and internal landscaping to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular circulation. The following requirements in this section may be modified at the discretion of the Planning Commission in the C-D Zoning District only.
(1) Parking lot screening adjoining to a parking lot is not required if the paved area is completely screened from the public right-of-way by an intervening building or structure.
(2) If the paved area is not completely screened from the public right-of-way by an intervening building or structure, then one or a combination of the following is required:
A. Parking Lot Screening Landscaping. Landscaping must include a vegetative strip at least five (5) feet in width containing an opaque screen of landscaping (evergreen or deciduous hedge) at least three (3) feet in height. The landscaping must be planted in a manner where the landscaping can be expected to provide an unbroken visual screen within three (3) years. The landscaping must be located at least two (2) feet from the front of a parking space curb so as to account for vehicle overhang. Existing landscaping may be used to fulfill or supplement the parking lot screening landscaping requirement.
B. Parking Lot Screening Berm. Berms must be at least three (3) feet in height (measured above the elevation of the adjacent parking surface) and meet the requirements of Section 1108.05
(e).
C. Parking Lot Screening Wall. Walls must be at least three (3) feet in height and constructed of the same or compatible material and colors as the principal building in terms of texture and quality.
(3) Interior Parking Lot Landscaping. All off-street parking areas of fifty (50) parking spaces or more must have internal landscaping. See Figure 18 .
A. Size of Interior Parking Lot Landscaping Areas. Interior landscaping must account for a minimum of five percent (5%) of all paved parking areas, including parking and loading spaces, driveways, and aisles. Each separate interior landscaped area must be a minimum of three hundred sixty (360) square feet in area and must have a minimum width of ten (10) feet.
B. Minimum Number of Deciduous Trees. Each interior landscape area must contain at least one (1) deciduous tree. One (1) deciduous tree must be planted for each three hundred (300) square feet of interior landscaping.
C. Location of Landscaping. All required interior parking lot landscaping must be planted within the landscaped islands or in landscaped areas within twenty (20) feet of the perimeter of the parking lot, provided that such landscaping is not also counted toward other landscape or screening requirements.
D. Groundcover. Interior parking lot landscape areas must include groundcover of grass, perennials, shrubs, and/or hardwood mulch.
E. Protection with Curbing or Wheel Stops. All interior parking lot landscaping must be protected from vehicular encroachment by six (6) inch high concrete curbing or wheel stops, unless utilized for stormwater management.
F. Maximum Number of Parking Spaces in a row. Landscaping islands with or without walkways must be used to subdivide parking areas into parking rows with no more than twenty (20) spaces (see Figure 19).
G. Maintenance. The internal landscaping must be installed and maintained so that, when mature, it does not obscure traffic signs, fire hydrants, lighting drainage patterns, or vision for safety.
(c) Display Area Screening. Screening of display areas may, at the discretion of the Planning Commission, be accomplished by plants, fences, walls, berms, or any combination thereof to meet the requirements of this Section. The Planning Commission must base its discretion on the material being displayed and the visual impact on surrounding areas. The Planning Commission may modify or waive these requirements where the outdoor display is integral to the principal use of the property (e.g., outdoor vehicle sales).
(d) Greenspace. The purpose of greenspace is to reserve an appropriate area of a lot to screen and buffer the lot and its use(s) based on its zoning district and the zoning district of the adjacent lots, regardless of whether the adjacent lots are developed. A greenspace as specified in the table below must be provided for all uses requiring site plan review.
Adjacent To | |||||
Developing Zoning District | O-R, R-1 and R-2 Districts | R-3, R-3A and R-4 Districts | R-C, C-R, IC-R, C, C-D, N-C and U Districts | R-T-O District | I District, and Railroad and Utility rights-of-way |
O-R, R-1 and R-2 Districts | a | b | b | b | b |
R-3, R-3A and R-4 Districts | b | a | b | b | b |
R-C, C-R, IC-R, C, C-D, N-C and U Districts | b | b | a | b | b |
R-T-O District | c | c | b | a | b |
I District | c | c | c | b | a |
• A ten (10) foot wide buffer, with one (1) tree per thirty (30) linear feet. For proposed single-family residential uses, the greenspace requirements apply only to subdivision, apartment, and multifamily developments.
• A twenty (20) foot wide buffer, with one (1) tree per twenty (20) linear feet (minimum of fifty percent (50%) evergreen trees). A six (6) foot high masonry wall or opaque fence may be installed in lieu of the required trees, subject to Planning Commission or Community Development Director review and approval.
• A sixty (60) foot wide buffer, with a staggered double row of evergreen trees spaced fifteen (15) feet apart (see Figure 20) on a six (6) foot high berm (see Section 1108.05
(e)) with a flat horizontal area at the crest to be at least three (3) feet in width. The planting must be in a manner where the evergreen trees provide eighty percent (80%) opacity within three (3) years of planting, measured from the top of the berm. After three (3) years, if this opacity is not achieved then additional evergreen trees and/or shrubs must be planted to achieve eighty percent (80%) opacity at the time of their planting. A six (6) foot high masonry wall or opaque fence may be installed in lieu of the required berm and trees.
Figure 20. Sixty (60) foot wide buffer
(1) Planting Setback. Trees and shrubs must not be placed closer than four (4) feet to the fence line or property line. Single family uses are excluded from this requirement.
(2) City Review. All landscape plans must be submitted to the Planning Commission for Site Plan approval in accordance with Section 1111.02 or, if no such site plan review is required, to the Community Development Director for approval as to suitability of planting materials and arrangement thereof in accordance with the provision of Section 1111.02. The approving authority may modify the greenspace to allow less buffering or require additional buffering based on the proposed use's impact on adjacent lots.
(3) Timing of Greenspace Planting. Whenever a greenspace is required in this Code, it must be planted and maintained in accordance with Section 1108.07. Phased installation may be required by the City to ensure protection of adjacent uses.
(4) Greenspace Lawn. The remainder of the greenspace area which is not planted with the aforementioned stock must be kept in lawn or another approved native vegetation. All plant materials must be maintained in a healthy growing condition and in a neat and orderly appearance as required in this Chapter.
(5) Existing Buffering. If an existing wall, fence, or vegetation exists on the site that meets the greenspace buffering standards of this Code, the approving authority may accept the existing screening or require only supplemental screening to meet the purpose of this Chapter.
(e) Berms. Where required, berms must conform to the following standards:
(1) The berm must be at least constructed with slopes no steeper than one (1) foot vertical for each three (3) feet horizontal with at least a two (2) foot flat area on the top unless a different size is required in this Code.
(2) The berm must be planted with grass or other suitable ground cover to ensure that it withstands wind, weather, and erosion, and retains its height and shape.
(3) Unless a specific planting pattern is required by the Code or the Planning Commission, required trees and shrubs may be planted at uniform intervals, at random or in groupings.
(4) Berm height must be measured as elevation above grade.
(f) Garbage, Refuse, and Recycling Collection Areas. All garbage, refuse, and recycling collection areas (i.e., dumpsters) must meet the following requirements:
(1) An enclosure of sufficient height to completely screen the dumpster is required on three sides of the waste receptacle with a solid gate on the fourth side. The height of the enclosure must be not less than six (6) feet or at least one (1) foot above the height of the dumpster, whichever is greater. This requirement specifically supersedes the maximum height requirement of a fence in Section 1106.12
.
(2) The enclosure must be constructed of the same or compatible material and colors of the principal building in terms of texture and quality. For good cause shown, the Planning Commission may waive this requirement.
(3) Enclosures must be set back a minimum of ten (10) feet from any property line, excluding the C-D District.
(g) Mechanical and Utility Equipment Screening. All mechanical equipment, utility meters, storage tanks, air conditioning equipment, transformers, or similar equipment, incidental to any building, must be screened from view off-site and must be an integral part of the architectural or landscape design of the building and site. This requirement does not apply to equipment serving a single-family or two-family unit.
(Ord. 2021-057. Passed 6-16-21.)
1108.06 LANDSCAPING MATERIALS.
(a) Lawn Areas. Lawn areas must be planted in species of grass normally grown as permanent lawns in northeast Ohio. Grass may be sodded or seeded and mulched, except that turf reinforced mats must be used in swales or other areas subject to erosion. Sod or seed must be clean, free of weeds and noxious pests or disease.
(b) Recommended Species of Trees, Shrubs, and Perennials. The plant palette should emphasize native trees, shrubs, and perennials which are hardy to the northeast Ohio region. For recommended trees refer to Chapter 169 of the KCO. For shrubs, see following table. The City may permit other species that are not listed in the table.
Recommended Plant Type and Minimum Size.
Recommended Plant Type and Minimum Size
Common Name
Deciduous Shrubs (3 feet minimum height)
Dogwood, Euonymus, Forsythia, Hazelnut, Honeysuckle, Hydrangea, Lilac, Mock-Orange, Ninebark, Privet, Spiraea, Sumac, and Viburnum
Evergreen Shrubs (30 inches minimum height)
Holly, Juniper, and Yew
Spreading Shrubs (18 inches minimum height)
Cotoneaster and Creeping Juniper
Perennial Flowers/Groundcover
Black-Eyed Susan, Creeping Juniper, Creeping Phlox, Daylily, Fragrant Sumac, Ornamental Grass, Periwinkle, and Purple Coneflower
(d) Minimum Requirements for Plant Material.
(1) All plant material must conform to the most recent version of ANSI Z60.1 standards. Plant materials must be typical of their species or variety, have normal habitat of growth, well-branched and densely foliated when in leaf.
(2) Plant materials must be chosen according to soil, climatic conditions and environmental factors for the proposed development, the location of the installation, and its desired function.
(3) Artificial plants are prohibited from satisfying landscape requirements.
(Ord. 2021-057. Passed 6-16-21.)
1108.07 INSTALLATION AND MAINTENANCE STANDARDS.
(a) Installation.
(1) Installation Period. Whenever planting is required by this Code, it must be planted prior to the issuance of the Certificate of Occupancy. If the weather does not permit the planting, the required planting must take place within six (6) months from the date of issuance of the Certificate of Occupancy.
(2) Installation Method. All landscaping must be installed in a manner consistent with generally accepted and published nursery and landscape standards, the approved landscaping plan, and the following:
A. High Quality and Healthy Plant Material. Plant material must be freshly dug. Plant material must be of sound health, vigorous and uniform in appearance with a well-developed root system and free from disease, insects, pests, eggs, or larvae. Trees must have straight trunks with leaders intact, undamaged and uncut.
B. Mulching. Trees, shrubs, hedges, vines, perennials, and live groundcovers (except turf grasses) must be generously mulched at the time of planting with hardwood bark mulch or similar natural material. Because stone, rocks, and pebbles trap heat and do not retain moisture, these materials must not be permitted as a ground cover or mulch.
C. Screened Topsoil. A minimum of four (4) inches of screened topsoil must be provided for all lawn areas, ground covers, berms, and planting beds.
D. Plant Material Required in All Portions of Landscaped Areas. All portions of the landscaped areas must be planted with grass, groundcover, shrubbery, or other suitable plant material, except that paved patios, terraces, sidewalks, and similar site features may be incorporated with Planning Commission approval.
E. Protection of Existing Vegetation. Existing vegetation to be preserved must be protected during construction through the use of temporary fencing around the drip line.
(b) Maintenance.
(1) The owner of the property is responsible for the regular maintenance of all plants and must replenish mulch, control weeds, fertilize plants and prune plants as necessary beginning upon the completion of the installation of all landscaping. All diseased, dead, or damaged plants must be replaced within 30 days, unless the season is not appropriate for planting, in which case such plant material must be replaced at the beginning of the next planting season.
(2) The code encourages the use of environmentally friendly fertilizers and pesticides.
(3) The approved landscape plan must be considered a permanent record and integral part of site plan approval. Unless otherwise approved in accordance with the procedures for amending a site plan, any revisions to or removal of plant materials that are not replaced is in violation of this Code and is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) 501.13, as amended
(c) Snow Storage. Landscape areas may be used for snow storage, provided the landscape areas are designed to accommodate large volumes of snow, contain landscape material that can survive in those conditions (e.g., salt tolerant), and are maintained in accordance with this Chapter. (Ord. 2021-057. Passed 6-16-21.)
1108.08 MODIFICATIONS TO LANDSCAPING REQUIREMENTS.
In consideration of the overall design and impact of the landscape plan, the Planning Commission may modify or adjust the requirements outlined in this Chapter for required landscaping, provided that any such adjustment aligns with the purpose of this Code and more specifically, with the purpose of this Chapter.
(Ord. 2021-057. Passed 6-16-21.)
1109.01 PURPOSE.
The purpose of this Chapter is to promote a safe, well-maintained, vibrant, and attractive community, while accommodating the need for signs to inform, direct, identify, advertise, advocate, promote, endorse, and otherwise communicate information. The regulations of this Chapter allow for a variety of sign types and sizes.
(Ord. 2021-057. Passed 6-16-21.)
1109.02 APPLICABILITY.
(a) Generally. Except as otherwise provided in this Chapter, all signs placed, erected, installed, painted, modified or altered must conform to the standards set forth in this Chapter and requires a sign permit prior to installation in accordance with Section 1109.04. Erection, modification, alteration, placement, replacement or other action involving a sign that is inconsistent with this Chapter 1109 is a violation of the Zoning Code and subject to penalties and remedies as permitted by the Kent Codified Ordinances, including penalties set forth for Civil Offenses in Section 501.13 of the Kent Codified Ordinances.
(b) Sign Standards. The sign standards provided in this Chapter are intended to apply to signs in each zoning district in the City of Kent. Only signs authorized by this Chapter are permitted.
(c) Existing Signs. Except as otherwise specifically provided, nothing in this Chapter requires removal or discontinuance of a lawful existing sign. Lawful existing signs must not be enlarged without meeting the requirements of this Chapter and obtaining a sign permit. Lawful existing signs that do not meet this Chapter's requirements are labeled nonconforming signs. See Section 1109.16.
(d) Dual Suitability. Meeting the criteria of one sign type definition does not exclude the sign from meeting another sign definitions' criteria. For example, a blade sign can also meet the definition criteria of a double-faced and a permanent sign.
(Ord. 2021-057. Passed 6-16-21.)
1109.03 DEFINITIONS.
The following are definitions of specialized terms and phrases used in this Chapter and as may otherwise be appropriate in this Code:
(a) Sign Definitions, General.
(1) Abandoned Sign - A sign that no longer identifies or advertises an ongoing business, product, location, service, or activity.
(2) Alteration - Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
(3) Building Frontage - The length of a building or structure along a public street. The building frontage is measured by the linear distance of the building façade.
(4) Channel Letters - Three-dimensional individually cut letters or figures affixed to a structure.
(5) External Illumination - The lighting of a sign from a source outside the sign.
(6) Height, Maximum - Measured from grade to the highest edge of the sign surface or its projecting structure.
(7) Height, Minimum - The distance measured from grade to the lowest edge of the sign surface or its projecting structure.
(8) Internally Illuminated - A sign with the light source located in the interior of the sign so that the rays go through the face of the sign, or has a light source which is attached to the face of the sign and is perceived as a design element of the sign.
(9) Nonconforming Sign - Any sign lawfully erected and maintained prior to the effective date of this Chapter, constructed in conformance with the ordinances and other applicable laws in effect on the date of its construction, but by reason of its size, height, location, design, or construction is no longer in conformance with the regulations of this Chapter.
(10) Roof Edge - On a pitched roof, the lowest portion of the fascia board covering the roof rafters, or if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall or three (3) feet above the roof deck, whichever is less. See Figure 21. Roof Edge.
(11) Sign - A name, message, identification, image, description, display, logo, or illustration which is affixed to, painted, or otherwise located, set upon, or in, a building, bench, structure or land and which directs attention to an object, product, place, activity, person, institution, idea, message, or business and which is visible outdoors. The definition does not include goods orderly displayed in a window.
(12) Window Area - The glass panes area. Found by multiplying the height of the window pane by the length of the window pane. The area must be separate for each window. A group of window panes may be considered one window if they are adjoining on the building face and are less than six (6) inches apart. See Figure 22.
(b) Sign Definitions, Sign Types. The following definitions apply to types of signs based on the characteristics of the sign without respect to the content of the message:
(1) Air-Activated Signs - A sign that is an air inflated object, which may be of various shapes, is made of flexible material, rests on the ground or structure and is equipped with a portable blower motor that provides a constant flow of air into the device. Air-activated signs are often restrained, attached, or held in place by a cord, rope, cable, or similar method.
(2) Animated or Moving Sign - A sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
(3) Awning Sign - A projecting sign painted or screen printed on the exterior surface of an awning. See Figure 23.
(4) Balloon Sign - A sign that is an air inflated object, which, unlike air-activated signs, retains its shape. A balloon sign is made of flexible material, rests on the ground or structure, and may be equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are often restrained, attached, or held in place by a cord, rope, cable, or similar method.
(5) Banner or Pennant - A sign on paper, cloth, fabric or other flexible material of any kind that is attached flat either to a wall or temporarily to a permanent sign face. See Figure 24.
(6) Billboard Sign (Outdoor Advertising Sign) - An off premises outdoor sign advertising goods, services, or ideas, typically attached to a permanent structure near a roadway.
(7) Blade Sign - A small, pedestrian-oriented sign mounted so that the sign face is perpendicular to the face of the building. See Figure 25.
(8) Building Sign - See Wall Sign definition
(9) Canopy Sign - A projecting sign affixed to the side or bottom surface(s) of an attached or freestanding canopy. See Figure 26.
(10) Changeable Copy Sign - A sign or portion thereof on which the copy is manually installed through placement of copy and symbols on a panel mounted in or on a track system.
(11) Directional Sign - A sign that's intended to direct the flow of traffic, transmit parking information, or convey similar information.
(12) Double-faced Sign - A sign having two (2) identical faces of equal size, arranged and/or positioned back-to-back.
(13) Electronic Message Center (EMC) Sign - An electrically activated changeable-copy sign whose variable message and/or graphic presentation capability can be electronically programmed. EMCs typically use light emitting diodes (LEDs) as lighting sources.
(14) Feather Sign - A flexible material shaped like a feather or similar shape that is attached on one side to a flexible or rigid pole, which is used for the primary purpose of advertising or attention getting.
(15) Festoons - A string of ribbons, pennants, spinners, streamers, tinsel, small flags, pinwheels, or lights, typically strung overhead.
(16) Flag - A sign on paper, cloth, fabric or other flexible material of any kind that is attached to a pole.
(17) Freestanding Sign - A sign supported by one or more uprights, poles, pylons, monuments, or braces placed in the ground and not attached to any building or other structure. Freestanding signs include, but are not limited to, Pole Signs and Monument Signs.
(18) Incidental Sign - A small sign, usually two (2) square feet or less, designed and located to be read only by people near or within the site and generally not visible or legible from the public right-of-way or adjacent properties. Examples of incidental signs include, but are not limited to, credit card signs, signs indicating hours of business, no smoking signs, signs prohibiting concealed carry weapons, signs used to designate bathrooms, handicapped signs, traffic control signs that conform to the requirements of the Ohio Manual of Uniform Traffic Control Devices, and other signs providing information to be read at close proximity.
(19) Interior Sign - A sign placed within a building, but not including a window sign as defined by this Code, that is not visible from any public street, sidewalk, alley, park or public property.
(20) Joint Identification Sign - A sign which serves as a common or collective identification for two or more uses located within the same building, or which share a common wall, or for two or more buildings located within a jointly used area, provided the buildings are in close proximity to one another.
(21) Monument Sign - A base-mounted, freestanding sign placed in the ground and not attached to any building or other structure. See Figure 27.
(22) Nameplate Sign - A sign that is attached to a door or wall and that shows the name of the person, group, building, or company that lives or works in the premises.
(23) Neon Sign - A glass tube lighting in which a gas and phosphors are used in combination to create a colored light.
(24) People Sign - A portable sign held by a person and displayed for the purposes of expressing a message.
(25) Permanent Sign - A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
(26) Pole Sign - A type of freestanding sign that is elevated above the ground on poles or braces. See Figure 28.
(27) Projecting Sign - A sign attached to a building or other structure, and extending beyond the attachment surface by more than eighteen (18) inches. A "projecting Sign" is differentiated from a "wall sign" based on the distance the sign projects from the surface of the building. Examples of projecting signs may include "awning signs", "blade signs" and "canopy signs".
(28) Revolving Sign - An animated sign that revolves around an external axis driven by wind or electromechanical devices.
(29) Roof Sign - A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the highest point of a building.
(30) Sandwich Board Sign - A portable sign or sign board that is freestanding and not permanently anchored or secured to either a building, structure, or the ground.
(31) Temporary Sign - Any sign capable of being removed after a designated period of time.
(32) Vehicle Sign - A sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.
(33) Wall Sign - A sign attached to, painted on, inscribed, or otherwise set upon the exterior wall or surface of any building, which projects eighteen (18) inches or less from the wall. See Figure 29.
(34) Window Sign - A sign that is painted on or attached to a window or glass door. See Figure 30.
(35) Yard Sign - A portable sign or sign board that is freestanding and temporarily anchored or secured to the ground.
(Ord. 2021-057. Passed 6-16-21.)
1109.04 SIGN PERMITS.
(a) Sign Permits Required.
(1) A sign permit is required in order to apply, erect, move, alter, reconstruct, replace, or repair any permanent or temporary sign, except signs that do not require permits consistent with the requirements of Section 1109.07
.
(2) Issuing of a sign permit by the Zoning Inspector does not constitute a building permit, and any sign subject to the provisions of the Ohio Building Code will also be required to submit the appropriate information needed for review under the Ohio Building Code.
(b) Review Authority - The Zoning Inspector will review all sign permit applications within the City of Kent. If the Zoning Inspector grants a sign permit with conditions, the Zoning Inspector must state the conditions in writing, with citations to relevant sections of this Chapter. If the Zoning Inspector denies a permit application, the Inspector must do so in writing and state in writing the reason for denial, with citations to relevant sections of this Chapter or other provisions of the Codified Ordinances. The applicant may appeal the decision of the Zoning Inspector as provided in Section 1111.03 of the Zoning Code.
(c) Information Required - Applicants for a sign permit must submit the following information.
(1) Color sign rendering;
(2) Site plan and elevations;
(3) Sign dimensions and dimensions of sign mounting material, where applicable and additional permits may be required;
(4) Building façade dimensions, where applicable;
(5) Distance of sign from all public rights-of-way;
(6) Style, type, wattage, and location of all lighting;
(7) Landscaping plan for freestanding signs; and
(8) List of construction materials, including sign mounting material, where applicable.
Incomplete applications will be denied. Additional permits may be required.
(d) Criteria for Approval - The Zoning Inspector must approve a sign permit if the proposed sign conforms to all applicable requirements of this Chapter. In areas where a review is required by the Architectural Review Board, a Certificate of Appropriateness must be issued before the Zoning Inspector can issue a sign permit. The Zoning Inspector is not permitted to issue a sign permit for any signs subject to a Comprehensive Sign Plan until the Comprehensive Sign Plan has been approved by the Planning Commission and when applicable, the Architectural Review Board. (Ord. 2021-057. Passed 6-16-21.)
1109.05 MEASUREMENT OF SIGN AREA.
(a) Single face sign total area is computed by the height multiplied by the width in square feet. The height and width is determined by lines drawn at the outer perimeter of any single square or rectangle encompassing the outer perimeter of the extreme limits of an individual letter(s), word(s) message(s), representation(s), logo(s), emblem(s), or any similar figure, including open space(s), together with any frame or other material forming an integral part of display used to differentiate such sign from the background against which it is placed. See Figure 31.
(b) Double-face signs. The total area is computed in the same manner as a single face sign, except only one side of the double face sign is considered for the total area permitted.
(c) Supporting framework or bracing that is clearly incidental to the display itself is not be computed as sign area unless it too contains advertising lettering, materials or symbols.
(d) Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area is measured at their maximum projection, as viewed from a position in the public right-of-way which produces the largest visual projection. See Figure 32.
(e) Regardless of their spacing, the letters forming a word or name are considered a single sign. The area of such a sign is measured as provided in this Chapter.
(Ord. 2021-057. Passed 6-16-21.)
1109.06 GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS.
The following conditions apply to all signs erected or located in any zoning district:
(a) Sign Location.
(1) Right-of-Way Prohibited. Except as provided, no sign will be placed or deposited within any public right-of-way or on any tree, pole, post, meter, or similar object located within the public right-of-way.
A. Blade signs attached to a building may project a maximum of forty inches over a public right-of-way provided the lowest part of the sign is at least eight feet but no more than fifteen feet above the pedestrian thoroughfare and provided said sign has received a Sign Permit from the Zoning Inspector.
B. Under no circumstance may any signs that are permitted in the public right-of-way interfere with vehicular or pedestrian visibility.
(2) Clear Vision Triangle Area Prohibited. No sign will be located in the clear vision triangle area described in Section 1106.09
.
(3) Sign Height. No sign otherwise permitted will project above the maximum sign height limitation of the zoning district as specified in the "Dimensional Regulations" in each zoning district.
(4) Alterations - No sign will be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this Chapter. Restoring a sign to its original condition by repainting or refacing the sign is not an alteration within the meaning of this Chapter.
(5) Sign Attachment and Support - A sign must not be attached to or supported by a tree, utility pole, light pole, trash receptacle, bench, vending machine, gasoline pump or hose, public shelter, or be painted or drawn upon rocks or other natural features.
(b) Sign Power Source. All power sources, raceways, and conduit must be concealed from view. (Ord. 2024-103. Passed 10-16-24.)
1109.07 EXEMPT SIGNS.
According to the regulations of this Code and subject to the following provisions, the following signs are permitted in all zoning districts without a permit. These signs are not included in the determination of the total allowable number of signs or total allowable sign area for a site.
(a) Decorations commemorating a holiday that are not displayed in a manner that promotes commercial activity;
(b) Temporary signs;
(c) Any sign required by the City to provide notice for a required public hearing to be erected, displayed, and removed according to the requirements of the City of Kent;
(d) Signs erected on a City of Kent, state, or federal building or land by the authorized public agency;
(e) Incidental signs. Unless the Community Development Director determines in his or her sole discretion that a sign constitutes a public nuisance, the incidental sign is exempt. The landowner or land user may appeal the decision of the Community Development Director to the BZA in accordance with Section 1111.03
;
(f) Interior signs;
(g) Any lawful sign in a public or private right-of-way installed by an authorized public agency, including but not limited to, street signs and address signs;
(h) Private traffic control signs that conform to the requirements of the Ohio Manual of Uniform Traffic Control Devices;
(i) Signs advertising the lease or sale of a property. Such signs are limited to a maximum size of six (6) square feet per sign and may not be located in the public right-of-way. One sign is permitted per front yard (i.e., corner lots may have two such signs, one per street frontage);
(j) Seasonal outside table umbrellas;
(k) One sign denoting the architect, engineer, or contractor when placed upon a work site under construction. Such sign must not exceed twelve (12) square feet in area; and
(l) National flags, state flags, municipal flags, and the official flag of any charitable, non-profit, or public sector entity are exempt from all City of Kent sign regulations. One corporate flag or non-commercial flag is also exempt from these sign regulations so long as all of the following conditions are met:
(1) The corporate flag is flown in conjunction with the flag of the United States of America, State of Ohio, or City of Kent;
(2) The corporate flag is no larger than the flag of the United States of America, State of Ohio, or City of Kent with which it is being flown in conjunction; and
(3) The corporate flag is less than sixteen (16) square feet.
(m) Political Signs. At the discretion of the owner, signs containing a relevant political message (as opposed to an advertisement for a financial enterprise, business, or other non-political message) may be deemed political signs and are therefore exempt from size and content restrictions. Political signs, however, must be removed or replaced after sixty (60) days. The Zoning Inspector may order such sign removed or replaced sooner if the sign has become weathered, tattered, torn, or otherwise defaced. Political signs remain subject to the prohibition in Section 1109.08
(k) against obscene signs.
(Ord. 2021-057. Passed 6-16-21.)
(n) Electronic menu and order summary boards primarily visible to the person(s) placing an order in a drive-thru lane.
(Ord. 2022-099. Passed 9-21-22.)
1109.08 PROHIBITED SIGNS.
The following signs and types of signs are inconsistent with the purposes and standards of this Chapter and are prohibited in all zoning districts:
(a) A sign made of a material not designed for outdoor signage, including but not limited to, bed linens, tarps, or untreated or unfinished plywood;
(b) Abandoned Signs;
(c) Any advertising device that simulates or imitates in size, color, letter, or design any traffic sign or signal or other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic;
(e) Any sign that is deemed structurally or electrically unsafe by the Chief Building Official;
(f) Any sign, structure, support or frame that was previously part of an on-premise commercial sign, but no longer supports or contains a sign relating to a commercial activity, business, or usage on the premises, which has been discontinued at least ninety (90) days must be removed in accordance with Section 1109.15 or brought into compliance with this chapter.
(g) Bench signs;
(h) Billboard sign;
(i) Feather Signs;
(j) Festoons air-activated, and balloon signs except for decorations commemorating a time limited event or holiday. This time period is determined at the sole discretion of the Community Development Director;
(k) Obscene sign, which is any signs containing words or pictures that are lewd, obscene, profane, or libelous;
(l) Pole signs, including signs attached to light poles, utility poles, street sign post, and trees. Prohibited pole signs do not include pole signs lawfully installed by an authorized public entity;
(m) Portable message signs unless authorized by the appropriate government entity in a public or private road Right-of-Way;
(n) Roof signs;
(o) Signs that obstruct any fire escape;
(p) Signs within any public right-of-way unless specifically authorized under Section 1109.06(a)(1);
(q) Vehicle signs; and
(r) Mounting of neon signs on the exterior facade of any building.
(Ord. 2024-103. Passed 10-16-24.)
1109.09 STANDARDS FOR SPECIFIC SIGN TYPES.
(a) Awning and Canopy Signs. Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied and must meet the following conditions:
(1) Location. Signs may be placed only on awnings or canopies that are located on first-story and second-story building frontages, including those fronting a parking lot or pedestrian way.
(2) Prohibited Locations. Awnings and canopies must not extend beyond the width of the building or tenant space, nor encroach above the roof line.
(3) Extension. Such signs must not extend more than six (6) feet from the face of the building to which they are attached.
(4) Minimum clearance. A minimum clearance of eight (8) feet must be maintained above sidewalks.
(5) Illumination. Internal illumination is prohibited.
(6) Material. Awnings and canopies must be constructed of materials designed specifically for outdoor use.
(b) Blade Signs.
(1) Location. Blade signs must be placed only on a ground floor facade, except for businesses located above the ground level with direct exterior pedestrian access.
(2) Height above finished grade. The lowest point of a blade signs must be at least eight (8) feet but no more than fifteen (15) feet above finished grade. Blade signs must not extend vertically above the roof line.
(3) Maximum Distance from the Wall. The distance between a blade sign and the wall to which it is attached may not be greater than twenty-four (24) inches.
(4) Sign structure. Sign supports and brackets must be compatible with the design and scale of the sign. Brackets and/or hardware for the sign may not extend more than four inches from the outside face of the sign.
(5) Square footage. A maximum of six (6) square feet will be allowed.
(6) Illumination. Internal illumination is prohibited.
(7) Minimum Setback from Intersections. Blade signs must not be located closer than ten (10) feet to any intersecting of a public right-of-way with another public right-of-way.
(8) Review of Blade Signs in the Public Right-of-Way. Prior to the erection of a sign overhanging a public right-of-way, the person erecting such sign must receive the approval of the City.
(9) Design of Hardware, Supports, and Brackets. Mounting hardware, such as supports and brackets, must complement the design of the sign, the building, or both. See Figure 33.
(Ord. 2024-103. Passed 10-16-24.)
(c) Banner or Pennant Signs - Banner or Pennant Signs are Temporary Signs and subject to the following conditions:
(1) Maximum Number. No more than one (1) banner may be displayed on the property at any one time. At the discretion of the Community Development Department, a second banner or pennant sign may be permitted.
(2) Permits per year. Banner and Pennant signs are subject to the same display periods as any other Temporary Sign governed by Section 1109.09
(k).
(3) Maximum Height. A Banner or Pennant Sign must not be displayed above the roof line of any structure.
(4) Attachment. A Banner or pennant sign must be safely secured to a building, structure, pole, framing, or stake. If a stake or structure is used, the stake or structure must be removed at the time the banner is removed. A Banner or Pennant Sign that is not attached on all sides to a building must have ventilated faces to reduce wind load if the banner is more than five (5) feet in length.
(d) Monument Signs.
(1) Minimum Setback from Intersections. Monument signs must not be closer than 10 feet to any intersection of a public right-of-way with another public right-of-way or with the pavement of any driveway or alley.
(2) Base material of Monument Signs. Must have a solid supporting base equal to or greater than the width of the sign face constructed of a decorative and durable material (e.g., masonry, brick, stone, or stucco), and must have no separations between the sign face and the base. The exposed base of a monument sign may not exceed two (2) feet in height from grade. The base will be included when calculating the height of the sign.
(3) Cantilever signs. The post used to anchor cantilever signs must be wood or another natural material such as brick or stone.
(4) Landscaping. For every two (2) square feet of monument sign, one (1) square foot of planting or lawn must be provided and maintained, at the base of the sign. Landscaping is not required on temporary, freestanding signs.
(5) Location. The monument sign must be located along frontage adjoining a public street.
(6) Setbacks. The front setback for monument signs must be ten (10) feet from the public right-of-way line unless otherwise stated. The sign must also meet the side yard setback for the applicable zoning district unless otherwise stated.
(7) Substitution of Monument Size. A monument sign by Code is less intrusive than an existing pole sign if the size of the monument sign, not including its base, is equal to or less than the size of the pole sign it is replacing.
(e) Joint Identification Signs. See. Monument Signs.
(1) Type. Primary and secondary freestanding joint identification signs must be monument signs and comply with all monument sign requirements.(see subsection (d)).
(f) Sandwich Board Signs.
(1) Maximum area and height. Sandwich board signs must not be more than four (4) feet high and three (3) feet in width. There must not be more than two (2) sides to such sign.
(2) Illumination. Sandwich Board signs must not be internally illuminated.
(3) Stability. The sign must be sturdy, stable, and must stay in place when experiencing typical winds without flipping over or sliding.
(4) Sign Surface Requirements. The surfaces of sandwich board signs must be durable. Copy may be painted or printed on the surface. Loose paper faces are not permitted.
(5) Use during operating hours. The sign must be taken inside the establishment when the business closes each night and must not be placed outside again until the business opens each morning. Three (3) or more violations of this provision during any sixty-day (60) period will be grounds for the City of Kent to suspend or revoke the right of the violator to have a sandwich board sign.
(6) Placement. At all times of the year, sandwich board signs must be placed directly in front of the associated building or use, a minimum of two (2) feet from the curb, and must allow a minimum of five (5) feet of unobstructed sidewalk for pedestrians. When snow is present, the sidewalk must be completely clear of snow prior to placement and sandwich board signs may not be placed on snow banks.
(7) Minimum Separation of Sandwich Board Signs. Sandwich board signs must be spaced a minimum of ten (10) feet from one another. If signs fail to meet the minimum spacing requirements, all improperly placed signs will be considered to be in violation.
(8) One Sandwich Board Sign Permitted Per Lot or Tenant Thereof. Only one (1) sandwich board sign is permitted for each lot or tenant thereof, provided that all of the requirements of this section are met.
(9) Permit requirements. A permit is not required for sandwich board signs.
(g) Wall Signs.
(1) Location. All wall signs must be mounted on the building which houses the establishment advertised by such signs, except as otherwise specifically authorized by this Code. Such signs must be located on or along a wall of such a building which abuts a street, parking lot, or service drive, and must not project above the roof edge or the cap of parapets of such building, whichever is higher.
(2) Projection from wall. All wall signs must be parallel to the wall on which they are installed. The sign must not project above the roof edge of the structure and from the surface upon which it is attached more than twelve (12) inches in a non-residential district. In a residential district, a wall sign must not project more than three (3) inches.
(3) Single Multi-Tenant Building. A single multi-tenant building that has one primary frontage, the combined sign area for all tenants may double the exceeded allowable sign area for the building.
(Ord. 2021-057. Passed 6-16-21.)
(h) Window Signs. Window Signs are permitted in any non-residential zoning district and do not require a Sign Permit. However, unless further restricted in this Chapter, all window signs must meet the following conditions:
(1) Surface Coverage. Window signs, both permanent and temporary, must not exceed thirty percent (30%) of the area within a single window pane, and the total area of window signs must not exceed thirty percent (30%) of the total window area per tenant.
(2) Illumination. Window Signs may be illuminated internally. Internally illuminated window signs are limited to no more than two (2) signs per tenant, and must be fixed lighting (i.e., no flashing, scrolling, dissolving, osculating, spinning, twirling, or any other type of motion).
(Ord. 2024-103. Passed 10-16-24.)
(i) Changeable Signs and Electronic Message Center Signs (EMCs).
(1) Permitted Usage. EMC's are only permitted for fuel pricing display at an approved fuel station.
(2) Maximum Area. The face of the EMC may not exceed 16 square feet.
(3) Frequency of Message Changes. Copy may not change more than once every four (4) seconds. The copy of an EMC must change instantaneously. Flashing, scrolling, facing, dissolving, osculating, spinning, twirling, video display, or other type of motion or animation is prohibited.
(4) Non-Electronic and Non-Mechanical Changeable Copy. Changeable copy by non-electronic and non-mechanical means may be utilized on any permitted sign.
(5) Automatic Dimming Required for EMCs. All EMC signs are required to utilize automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night, either by photocell (hardwired) or via software settings.
(7) Maximum EMCs per Lot. Only one (1) EMC sign is permitted on a lot.
(8) Audio Prohibited. Changeable signs and EMCs may not utilize audio devices to create sound.
(j) Nameplate Signs.
(1) Maximum Number. One (1) nameplate sign is permitted per building address.
(2) Maximum Area. Nameplate signs must not to exceed two (2) square feet in area in residential zoning districts and four (4) square feet in area in all other zoning districts.
(3) Location. Nameplate signs must be attached to the building and located within (10) feet of an entrance to the building.
(4) Materials. Nameplate signs must be constructed of durable materials.
(k) Temporary Signs.
(1) Permit Required. Temporary freestanding signs, wall signs, banners, and pennants are the only type of temporary sign that require a sign permit. Signs advertising garage or yard sales are regulated by Chapter 769 of the Kent Codified Ordinances (KCO), as amended.
(2) Electronic Message Center Signs (EMC). Electronic, changeable copy is prohibited on temporary signs.
(3) Maximum Number.
A. On lots of five (5) acres or less, no more than one (1) temporary sign is permitted at any one time.
B. On lots of five (5) acres or more, or with three (3) or more businesses, no more than two (2) temporary signs are permitted at any one time.
(4) Maximum Area: Temporary signs must not exceed forty (40) square feet in area.
(5) Minimum Setback from Street Right-of-Way: Except for the C-D zoning district, temporary signs must not be located closer than ten (10) feet from the public right-of-way line.
(6) Maximum Height: Temporary signs must be no more than four (4) feet in height.
(7) Mounting brackets and posts: All materials used to anchor the temporary sign, including mounting brackets and posts, must be removed when the temporary sign is removed.
(9) Duration. Temporary signs must not be displayed more than forty-five (45) days in a six (6)-month period.
(l) Directional Signs.
(1) Maximum Height. Directional signs must not be more than three (3) feet in height.
(2) Maximum Area. Directional signs must not be more than three (3) square feet.
(3) Maximum Number. Only two (2) directional signs are permitted per access point.
(4) Exempt. Directional signs do not count towards the number of signs or total area of signs permitted in any specified zoning district.
(m) Political Signs. At the discretion of the owner, signs containing a relevant political message (as opposed to an advertisement for a financial enterprise, business, or other non-political message) may be deemed political signs and are therefore exempt from size and content restrictions. Political signs must, however, be removed or replaced after sixty (60) days. The Zoning Inspector may order the sign removed or replaced sooner if the sign has become weathered, tattered, torn, or otherwise defaced. Political signs remain subject to the prohibition in Section 1109.08
(k) against obscene signs.
(Ord. 2021-057. Passed 6-16-21.)
1109.10 SIGNS PERMITTED BY ZONING DISTRICT.
(a) SIGNS IN O-R, R-1, R-2, R-3, R-3A, and R-4 DISTRICTS.
Sign Type | O-R, R-1, R-2, R-3, R-3A and R-4 Districts (Single-family and two-family lots only) | O-R, R-1, R-2, R-3, R-3A and R-4 Districts (Residential Developments [e.g., subdivisions, site condominiums, and multifamily] and Non-Residential Uses only) |
Not Permitted | Maximum Area: One (1) sq. ft. per linear foot of awning (canopy), not to exceed forty (40) sq. ft. Non-residential uses only. | |
Banner or Pennant Signs | Not Permitted | Maximum Number: One (1) per lot. Maximum Area: Thirty-two (32) sq. ft. or the area of the permanent sign if temporarily covering the permanent sign. Maximum Duration: Thirty (30) days per 6-month period. Non-residential uses only. |
Blade Signs | Not Permitted | Maximum Area: Six (6) sq. ft. Non-residential uses only. |
Changeable Signs and Electronic Message Center Signs (EMCs) | Not Permitted | Non-residential uses only; Limited to fuel pricing display only at fuel station. |
Monument Signs | Not Permitted | Maximum Number: One (1) per street frontage or one (1) per vehicular access point. Maximum Height: Eight (8) feet. Maximum Area: Forty (40) sq. ft. Minimum Front Setback: Ten (10) feet. Non-residential uses only. |
Nameplate Sign | Maximum Number. One (1) nameplate sign is permitted per building address. Maximum Area. Nameplate signs must not to exceed two (2) square feet in area in residential zoning districts; four (4) square feet in area in all other zoning districts. Approved Home Occupation: One (1) unlighted name plate not to exceed one (1) square foot. | |
Sandwich Board Signs | Maximum Number: One (1) per lot. Maximum Height: Four (4) feet. Maximum Width: Three (3) feet. | Non-residential uses only. |
Temporary Signs excluding banner and pennant signs | Maximum Area: forty (40) sq. ft. Maximum Height: Four (4) feet. Duration: Must not be displayed more than 45 days in a 6-month period. | Maximum Number: • On lots of five (5) acres or less, no more than one (1) temporary sign is permitted at once. • On lots of five (5) acres or more, or with three (3) or more businesses, no more than two (2) temporary signs are permitted at once |
Wall Signs | Not Permitted | Maximum Number: One (1) per lot. Maximum Area: Thirty-two (32) sq. ft. Non-residential uses only. |
Window Signs | Not Permitted | Maximum Area (Total): 50% of the window area. Non-residential uses only. |
(b) SIGNS IN R-C AND U DISTRICTS.
Sign Type | R-C and U Districts |
Awning (Canopy) Signs | Maximum Area: One (1) sq. ft. per linear foot of awning (canopy), not to exceed forty (40) sq. ft. |
Banner or Pennant Signs | Maximum Number: One (1) per lot. Maximum Area: Thirty-two (32) sq. ft. or the area of the permanent sign if temporarily covering the permanent sign. Maximum Duration: Thirty (30) days per 6-month period. |
Blade Signs | Maximum Area: Six (6) sq. ft. |
Changeable Signs and Electronic Message Center Signs (EMCs) | Maximum Area: sixteen (16) sq. ft. Non-residential uses only; Limited to fuel pricing display only at fuel station. |
Monument Signs | Maximum Number: One (1) per street frontage or one (1) per development. Maximum Height: Eight (8) feet. Maximum Area: Forty (40) sq. ft. Minimum Front Setback: Ten (10) feet |
Nameplate Sign | Maximum Number. One (1) nameplate sign is permitted per building address. Maximum Area. Nameplate signs must not exceed four (4) square feet in area. Approved Home Occupation: One (1) unlighted name plate not to exceed one (1) square foot. |
Sandwich Board Signs | Maximum Number: One (1) per business. Maximum Height: Four (4) feet. Maximum Width: Three (3) feet. |
Temporary Signs | Maximum Number: • On lots of five (5) acres or less, no more than one (1) temporary sign is permitted at once. • On lots of five (5) acres or more, or with three (3) or more businesses, no more than two (2) temporary signs are permitted at once. Maximum Area: forty (40) sq. ft. Maximum Height: Four (4) feet. Duration: Must not be displayed more than 45 days in a 6-month period. |
Wall Signs | Maximum Number: One (1) per lot. Maximum Area: Thirty-two (32) sq. ft. |
Window Signs | Maximum Area (Total): Fifty percent (50%) of the window area. |
(c) SIGNS IN C, C-D, N-C, IC-R AND C-R DISTRICTS.
Sign Type | C, C-D, N-C, IC-R, and C-R Districts |
Blade Signs | Maximum Area: Six (6) sq. ft. |
Changeable Signs and Electronic Message Center Signs (EMCs) | Maximum Area: Sixteen (16) sq. ft. |
Monument Signs | Maximum Number: One (1) per street frontage or one (1) per development. Maximum Height: Eight (8) feet. Maximum Area: Fifty (50) sq. ft. A lot with an approved drive-thru lane may have one (1) additional monument sign per approved drive-thru lane acting as a menu board. Must be located within six (6) feet of the drive-thru lane, not greater than eight (8) feet high, not greater than sixty (60) sq. ft. |
Nameplate Sign | Maximum Number. One (1) nameplate sign is permitted per building address. Maximum Area. Nameplate signs must not to exceed four (4) square feet in area. Approved Home Occupation: One (1) unlighted name plate not to exceed one (1) square foot. |
Sandwich Board Signs | Maximum Number: One (1) per business. Maximum Height: Four (4) feet. Maximum Width: Three (3) feet. |
Temporary Signs | Maximum Number: • On lots of five (5) acres or less, no more than one (1) temporary sign is permitted at once. • On lots of five (5) acres or more, or with three (3) or more businesses, no more than two (2) temporary signs are permitted at once. Maximum Area: forty (40) sq. ft. Maximum Height: Four (4) feet. Duration: Must not be displayed more than 45 days in a 6-month period. |
Wall Signs | Maximum Number: One (1) per lot. Maximum Area: One (1) sq. ft. per linear foot of building frontage to a maximum of sixty (60) sq. ft. |
Window Signs | Maximum Area (Total): Fifty percent (50%) of the window area. |
Additional Regulation | |
C, IC-R and CR Zoning Districts Only: Where two (2) signs are allowed under this Code, the maximum allowed square footage applies to the combined total of the two (2) signs. The maximum square footage of any one (1) sign cannot exceed seventy percent (70%) of the total allowed maximum square footage. | |
(d) SIGNS IN I-R AND I DISTRICTS.
Sign Type | R-T-O and I Districts |
Awning and Canopy Signs | Maximum Area: One (1) sq. ft. per linear foot of awning/ canopy, not to exceed forty (40) sq. ft. |
Banner or Pennant Signs | Maximum Number: One (1) per lot. Maximum Area: Thirty-two (32) sq. ft. or the area of the permanent sign if temporarily covering the permanent sign. Maximum Duration: Thirty (30) days per 6-month period. |
Blade Signs | Maximum Area: Six (6) sq. ft. |
Changeable Signs and Electronic Message Center Signs (EMCs) | Maximum Area: Sixteen (16) sq. ft. |
Monument Signs | Maximum Number: One (1) per street frontage or one (1) per development. Maximum Height: Eight (8) feet. Maximum Area: Fifty (50) sq. ft. |
Nameplate Sign | Maximum Number. One (1) nameplate sign is permitted per building address. Maximum Area. Nameplate signs must not exceed and four (4) square feet in area. |
Sandwich Board Signs | Maximum Number: One (1) per business. Maximum Height: Four (4) feet. Maximum Width: Three (3) feet. |
Temporary Signs | Maximum Number: • On lots of five (5) acres or less, no more than one (1) temporary sign is permitted at once. • On lots of five (5) acres or more, or with three (3) or more businesses, no more than two (2) temporary signs are permitted at once. Maximum Area: forty (40) sq. ft. Maximum Height: Four (4) feet. Duration: Must not be displayed more than 45 days in a 6-month period. |
Wall Signs | Maximum Number: One (1) per lot. Maximum Area: One (1) sq. ft. per linear foot of building frontage to a maximum of sixty (60) sq. ft. |
Window Signs | Maximum Area (Total): Fifty percent (50%) of the window area. |
(Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22.)
1109.11 COMPREHENSIVE SIGN PLANS.
(a) Purpose. A Comprehensive Sign Plan provides a means for defining common sign regulations for large scale projects, to encourage maximum incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this Chapter.
(b) Applicability. The approval of a Comprehensive Sign Plan is required when the number of desired signs is more than what is permitted in the zoning district.
(c) Approval Authority.
(1) The applicant must obtain approval from the Architectural Review Board must approve or recommend all Comprehensive Sign Plans prior to review by the Planning Commission.
(2) The applicant must obtain approval from the Planning Commission before the Zoning Inspector can issue a sign permit.
(3) The Comprehensive Sign Plan must obtain the approval of the Planning Commission before the Zoning Inspector may issue a sign permit.
(d) Application Requirements. An application for a Comprehensive Sign Plan must include:
(2) The payment of the standard application fee required for a Conditional Zoning Permit.
(3) A statement by the property owner indicating the manner in which the property owner will enforce compliance with the approved comprehensive sign program by both the owner and the tenants on the site.
(4) Acknowledgment that a copy of the Comprehensive Sign Plan approval will be provided by the property owner / property manager to each existing tenant and any new tenants.
(e) Standards. A Comprehensive Sign Plan must comply with the following standards:
(1) The Planning Commission may allow signage which otherwise exceeds the number, type, size and placement as otherwise permitted in this Chapter when it determines that such additional signage is warranted due to the size, use, number of tenants or other features of the site as they may exist;
(2) The signs must enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign plan, to the structures and/or developments they identify, and to surrounding development;
(3) The Comprehensive Sign Plan should accommodate future revisions that may be required because of changes in use or tenants; and
(f) Revisions to Comprehensive Sign Programs. The Zoning Inspector may approve the substitution of sign panels provided the panels are the same size as those being replaced and meet all of the requirements of Chapter 1109:. If additional signage is proposed or if any aspect of the original Comprehensive Sign Plan is modified with the exception of sign panels, approval from the Planning Commission is required.
(g) New Ownership. An approved plan stays with the property even after a change in ownership. The seller of a property with an approved comprehensive sign plan must provide a written statement certifying they have provided the buyer with a copy of the approved plan.
(h) Non-Compliance with Approved Plan. In the event that a property owner and/or any of the tenants at the property fail to comply with the provisions of the Comprehensive Sign Plan, the City may pursue any or all of the following remedies:
(1) The Community Development Department may request the Planning Commission revoke the Comprehensive Sign Plan. Any signs erected pursuant to a revoked Comprehensive Sign Plan are not entitled to seek legal nonconforming status.
(2) Order the removal of the offending sign(s). If the sign(s) is not removed as ordered within thirty (30) days of the Order, the sign(s) may be removed by the City of Kent at the expense of the property owner or land user. If the City of Kent is not reimbursed within thirty days of mailing a request for reimbursement from the property owner or land user, the amount of reimbursement may be certified to the County Auditor for collection as a special assessment against the property upon which the offending sign(s) was located.
(3) Cite the property owner and/or any of the tenants at the property utilizing the offending sign(s) as a civil offense in accordance with Section 501.13
of the KCO.
(Ord. 2021-057. Passed 6-16-21.)
1109.12 SIGN ILLUMINATION.
(a) External Illumination and Shielding. No sign will be illuminated in a manner which causes the lighting of the sign to be directed onto the public right-of-way where the lighting can distract or create a safety hazard for traffic. Sign lighting must also be controlled in a manner where it does not direct intense light into residential areas. Signs that have external illumination must have lighting fixtures or luminaries that are fully shielded and directed away from any abutting lot. Illumination is not to be greater than necessary to meet the needs of the business or use served.
(b) Internal Illumination. All electronic message center signs and other internally illuminated signs must be equipped with a photocell and automatic dimmer, and a cut sheet for the sign must be submitted to the City at the time of permit application showing compliance with these requirements.
(c) Prohibited Illumination. No signs will utilize flashing illumination or have a changing light intensity or brightness of color.
(Ord. 2021-057. Passed 6-16-21.)
1109.13 SIGN CONSTRUCTION AND MAINTENANCE.
(a) Material and Design. All signs must be designed, constructed, and maintained in conformity with the provisions for materials, loads and stresses of the latest adopted version of the Ohio Building Code and requirements of this Chapter.
(b) Fastenings. All signs must be erected in such a manner and with such materials to remain safe and secure during the period of use and all bolts, cables, and other parts of such signs must be kept painted and free from corrosion.
(c) Support Location. No pole, cable, or support of any nature will be placed on any publicly owned property, street, public right-of-way, or proposed public street right-of-ways.
(d) Proximity to Electrical Conductors. No sign will be erected so that any part including cables and guys will be within ten (10) feet of any electrical conductor, street lamp, traffic light or other public utility pole standard, or ten (10) feet of a high voltage wire.
(e) Sanitation. Property surrounding any sign must be kept clean, sanitary, and free from obnoxious and offensive substances, weeds, rubbish, and inflammable material.
(f) Maintenance. All signs must be maintained in a condition of good repair. Peeling or missing paint, holes, broken, cracked, bent, warped, rotted, discolored, sagging, out-of-plumb, rusted, or missing material or parts must be repaired within sixty (60) days of written notification by the Zoning Inspector.
(Ord. 2021-057. Passed 6-16-21.)
1109.14 SIGN REMOVAL.
The Zoning Inspector will order the removal of any sign for which no sign permit has been issued or signs erected in violation of this Code in accordance with the following procedures:
(a) Notify Property Owner of Violation. The Zoning Inspector will notify the property owner of the violation of this Code and the violation is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
, as amended.
(b) Timely Action by Property Owner. The property owner must remove the offending sign, obtain a permit if the sign can be conforming, or initiate an appeal to the Board of Zoning Appeals within 15 days of receipt of the letter.
(c) Enforcement. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign must also be removed. Affected building surfaces must be restored to match the adjacent portion of the structure. If a landowner or land user fails to comply with this Section, the Zoning Inspector may arrange the removal and/or restoration and charge all costs to the landowner. In addition, if a landowner or a land user fails to comply with this Section, the landowner is also subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
.
(Ord. 2021-057. Passed 6-16-21.)
1109.15 DANGEROUS AND ABANDONED SIGNS.
In the case of a sign which presents imminent danger to life or property the sign owner must take immediate action as is necessary to abate the danger. If the sign owner cannot be reached, the appropriate City Official may abate the danger in order to protect the health, safety, and welfare of the community.
(a) Abandonment Defined. If any sign becomes abandoned, in a manner defined herein, such sign is declared a public nuisance by reason that continued lack of use results in lack of reasonable and adequate maintenance, thereby causing deterioration and creating a blighting influence on nearby properties. An abandoned sign is any sign that meets any of the following conditions:
(1) Any sign associated with any abandoned use; or
(2) Any sign that remains after the termination of a business or use. A business or use is considered abandoned if it has ceased operations for at least ninety (90) days.
(b) Determination of Abandonment. When the Zoning Inspector finds, upon investigation, that a sign has been abandoned, the Zoning Inspector will notify the property owner of the violation of this Code and the violation is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
, as amended.
(c) Right to Remove. If the abandoned or dangerous sign is not removed as ordered, the sign may be removed by the City of Kent at the expense of the lessee or owner. If the City of Kent is not reimbursed for the cost of removal within thirty (30) days of such removal, the amount thereof may be certified to the County Auditor for collection as a special assessment against the property upon which such sign is located. (Ord. 2021-057. Passed 6-16-21.)
1109.16 NONCONFORMING SIGNS.
(a) Any legal nonconforming sign, as defined in Section 1109.03(a)(8), may be permitted to remain as long as the sign is properly maintained, there is no increase in the nonconformity, and the sign is not detrimental to the health, safety, and welfare of the community except as hereafter provided. Temporary signs will not be considered legal, nonconforming signs.
(b) All pre-existing illegal nonconforming signs must be removed in accordance with this sub-section. The Zoning Inspector must issue an order for the sign to be removed within thirty (30) days. The cost of removal may be certified to the County Auditor for collection as a special assessment against the property upon which such sign is located.
(c) Any nonconforming sign displayed on the premises must be removed or brought into conformance with the provisions of this Chapter before a permit for a new sign may be issued.
(d) A legal nonconforming sign immediately loses its legal nonconforming designation and must be immediately brought into compliance with this Chapter including obtaining the required permits and approvals as set forth herein if any of the following occurs:
(1) The nonconforming sign is structurally altered, enlarged, relocated, or replaced.
(2) The nonconforming sign is determined by the Zoning Inspector or the Chief Building Official to be in a dangerous or defective condition; to fail to conform to health and fire codes; a public nuisance; or abandoned, deteriorated; or in need of repair or replacement.
(3) A documented nonconforming sign face or support structure that is destroyed or damaged may be replaced with a similar sign and/or structure not to exceed the dimensions of the original sign.
(4) Upon the discontinuance of the present use of property for which the sign was intended for a period of more than ninety (90) days.
(e) A nonconforming sign must not be relocated or structurally altered so as to prolong the life of the sign or so as to change the shape, size, type, placement or design of the sign.
(f) A nonconforming sign must not be moved in whole or in part to any other location unless such sign is made to conform to this Chapter. If an owner is forced to move a nonconforming sign by City of Kent, state, or federal officials for any reason other than enforcement, such sign is permitted to maintain its nonconforming status, but must still adhere to the setback requirements.
(g) Nothing in this section prevents the ordinary repair, maintenance, and non-structural alteration of nonconforming signs. Maintaining the nonconforming sign to the exact legal nonconforming design is permitted; however, any proposed changes to a nonconforming sign, except for re-facing an existing sign, requires that the sign be made to conform to the requirements of this Chapter. Re-facing an existing nonconforming sign is not considered an alteration as long as the re-facing substantially replicates the existing sign face. The Community Development Director has the authority to determine if the new sign is substantially similar.
(Ord. 2021-057. Passed 6-16-21.)
1109.17 VIOLATIONS, PENALTIES, AND REMEDIES.
Failure to comply with this Chapter is a violation of this Code. The Zoning Inspector must provide notice of the violation of this Code and the violation is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13, as amended.
(Ord. 2021-057. Passed 6-16-21.)
1110.01 PURPOSE.
The purpose of this chapter is to provide for the continuation of nonconforming uses, structures, and lots which do not conform to this Code, but which were legally in existence prior to the enactment of this Code or any amendments thereto. It is the purpose of this Chapter to permit such nonconformities to continue under certain conditions, but to discourage their expansion, enlargement, or extension.
(Ord. 2021-057. Passed 6-16-21.)
1110.02 CONTINUANCE.
The lawful utilization of any nonconforming use, structure, or lot in legal existence on the effective date of this Code, or amendments thereto may be continued, although such use, structure, or lot does not conform with the provisions of this Code. Such continuance is:
(a) Subject to the terms of this Code.
(b) Specified as an occupancy maximum, but is not altered by a change in the tenants themselves, ownership, or management.
(Ord. 2021-057. Passed 6-16-21.)
1110.03 ADMINISTRATION.
Except for where specifically noted otherwise, the administration of the requirements of this Chapter is the responsibility of the Zoning Inspector.
(Ord. 2021-057. Passed 6-16-21.)
1110.04 ZONING DISTRICT CHANGES.
(a) The requirements of this Chapter apply to any use, structure, or lot which is rendered nonconforming as a result of:
(1) A change in a zoning district's boundaries;
(2) A change in the text of the Zoning Code.
(b) All conditionally or specifically permitted uses in existence as of the effective date of this Code, or amendments thereto, but no longer conditionally or specially permitted in the subject property's zoning district, may be allowed to continue as a nonconforming use and therefore be subject to the provisions of this Chapter.
(Ord. 2021-057. Passed 6-16-21.)
1110.05 NONCONFORMING STRUCTURE REGULATIONS.
(a) Unsafe Structures. Nothing in this Chapter or otherwise in this Code prevents the strengthening or restoring to a safe condition of any portion of a nonconforming structure, or a conforming structure, or a conforming structure in which a nonconforming use is located, if the structure is declared unsafe by the Chief Building Official.
(b) Alterations to Nonconforming Structures Containing a Conforming Use.
(1) Any building or structure that contains a conforming use and that does not comply with this Code, may be expanded, enlarged, altered, improved, or reconstructed subject to the following conditions:
A. That said alteration does not cause greater nonconformity than what is already present on the property.
B. That the present location of the subject nonconforming structure can be clearly documented and utilized in the event that the existing structure is to be demolished. Where the Chief Building Official determines that the existing foundation is inadequate, the Zoning Inspector may allow the new structure to be built at the point nearest the old structure but not closer to any property line than the previous structure.
(2) The Zoning Inspector has the authority to review and approve zoning permits for projects meeting the requirements of this subsection.
(3) The Zoning Inspector's decision may be appealed to the Board of Zoning Appeals in accordance with Section 1111.03
.
(c) Alterations to a Conforming Structure with Nonconforming Use.
(1) Any conforming building or structure containing a nonconforming use may be expanded, enlarged, altered, improved, or reconstructed subject to the following conditions:
A. That said alteration will not increase the nonconforming use contained within the structure; OR
B. That said alteration will not have any detrimental effect on the surrounding neighborhood.
(2) The Zoning Inspector has the authority to review and approve zoning permits for projects meeting the requirements of this subsection.
(3) The Zoning Inspector's decision may be appealed to the Board of Zoning Appeals in accordance with Section 1111.03
,
(e) Previously Approved Construction. Nothing in this Code prohibits the completion of construction and use of a nonconforming structure for which a zoning permit was issued prior to the effective date of this Code, or any amendment thereto, provided that the occupancy permit is obtained within two (2) years of the Planning Commission granting the site plan approval.
(f) Restoration. Nothing in this Code prohibits the reconstruction, repairing, rebuilding, and continued use of any nonconforming use or nonconforming structure damaged by fire, collapse, explosion, or acts of God, subsequent to the date of this Code. Such reconstruction, repairing, rebuilding, and continued use of a legal nonconforming use or legal nonconforming structure cannot exceed the original size and scope without following the procedures required by this Chapter. (Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22.)
1110.06 NONCONFORMING USE REGULATIONS.
(a) Alterations to Structures Containing a Nonconforming Use. Any building or structure containing a nonconforming use may be altered, improved, reconstructed, enlarged, or expanded subject to the approval of the Board of Zoning Appeals when the Board of Zoning Appeals makes a finding of all of the following:
(1) That such expansion, enlargement, alteration, improvement, or reconstruction does not result in an increase of more than twenty five percent (25%) in the size, as measured in square feet of the structure or use at the time the structure or use became nonconforming.
A. The land owner or land user bears the burden of demonstrating by a preponderance of the evidence the size of the structure or use that was allowed at the time the structure or use became nonconforming.
B. The Board of Zoning Appeals may grant an increase over the twenty-five percent (25%) limit if the Board of Zoning Appeals finds by a preponderance of the evidence that exceeding the twenty-five percent (25%) limit will not have a detrimental effect on the surrounding neighborhood.
(2) That the proposed expansion, enlargement, alteration, improvement, or reconstruction will not create a nuisance to the surrounding neighborhood or the community at large.
(3) That the proposed expansion, enlargement, alteration, improvement, or reconstruction will not constitute a threat to public health and safety.
(b) Internal Alterations, Improvements, or Reconstruction, Wear and Tear, and Maintenance of a Nonconforming Use. The provisions of this Chapter of the Code have no application to internal or interior alterations, improvements, reconstruction, repair or maintenance on a nonconforming building or structure as long as the internal or interior alteration, improvement, reconstruction, repair or maintenance does not increase the exterior size of the building or structure.
(c) Displacing a Conforming Structure or Use. A nonconforming structure or use must not be physically enlarged or extended such that the nonconforming use displaces a conforming use.
(d) Discontinuance or Abandonment. In the event a dispute over the lapse of a nonconforming use arises, a presumption is hereby created that a lapse has occurred. The individual or entity claiming the nonconforming use then bears the burden of proving the use has been continuous by a preponderance of the evidence. Continuous use is defined as no interruption of use for more than two (2) consecutive calendar years.
(e) Substitution of Nonconforming Uses. The Board of Zoning Appeals may allow a nonconforming use to be legally replaced by another nonconforming use if the BZA determined all of the following by preponderance of the evidence:
(1) That the new use is similar in character to the previous nonconforming use by virtue of the fact that the proposed new use is equally appropriate or more appropriate compared to other uses in the same zoning district than the existing nonconforming use.
(2) That the proposed new use will not be any more intrusive to the neighborhood than the previous nonconforming use.
(f) Certificates of Nonconforming Use. There is a presumption that any nonconforming use is illegal. The Zoning Inspector, however, is hereby authorized to issue a certificate of nonconforming use subject to the following regulations:
(1) The burden is on the landowner or land user to establish that the preexisting use was legal at the time the use was established.
(2) The burden is on the land owner or land user to establish that the preexisting use has been "continuous" as defined by Section 1110.06(d).
(4) The decision of the Zoning Inspector may be appealed to the Board of Zoning Appeals on forms provided by the Community Development Department.
(g) Additional Regulations.
(1) The Zoning Inspector may require a land owner or land user to submit a site plan in conformity with the Zoning Code to demonstrate the extent of the requested nonconforming structure or use as a condition of issuing a nonconforming use certificate.
(2) A landowner may apply for a certificate of nonconforming use at any time.
(3) Forms of documentation to be considered as evidence a nonconforming use was allowed when the nonconforming use was established and the use was continuous includes, but is not limited to:
A. Building permits;
B. Income tax records;
C. Rent payment receipts;
D. Insurance policies for the property;
E. Published address or phone directories;
F. Signed expired leases;
G. Dated aerial photos.
(Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22.)
1110.07 NONCONFORMING LOT REGULATIONS.
Unless the proposed lot split eliminates or reduces an existing nonconforming use, lot, or need for a variance(s), the City of Kent will not approve any lot split that will expand or create any of the following conditions:
(Ord. 2021-057. Passed 6-16-21.)
1111.01 ADMINISTRATIVE REGULATIONS.
(a) Zoning Enforcement.
(1) Zoning Enforcement. The Community Development Department enforces this Code.
(2) Maintenance of Records.
A. General Records. Permanent records of all applications, fees, bonds, certificates, permits, plans, meetings, notices, hearings, special studies, amendments, and other actions conducted in the administration and enforcement of this Code must be maintained by the Community Development Department in accordance with the City of Kent's Records Retention Schedule.
B. Reports. The Community Development Department must make monthly reports to the City Manager and Council regarding activities related to the enforcement and administration of this Code.
C. Nonconforming Uses. A record of nonconforming uses, as prescribed in Chapter 1110 must be maintained by the Community Development Department.
D. Zoning Code and Text Amendments. An original or master copy of the Code must be retained by the Community Development Department, maintained current with amendments, and must be available to the public. All revisions or amendments must be incorporated into the original master text within a period of two (2) weeks from the effective date of the revision or amendment. Copies of each revision or amendment must be retained.
E. Zoning Map and District Amendments. The original or master of the Zoning Map must be retained by the Community Development Department, maintained current with amendments, and must be available to the public. All revisions or amendments must be incorporated on the master map within a period of two (2) weeks from the effective date of the revision or amendment.
(3) Amendments. The Planning Commission, Board of Zoning Appeals, and Architectural Review Board may recommend changes to this Code. Such changes must be made in accordance with Chapter 1112 of this Code.
(4) Conflict of Interest. Any member believing that he/she may have a conflict of interest should disclose this concern to City's Law Department. Once the conflict is identified and prior to the beginning of the discussion of any application or request before the Planning Commission, Board of Zoning Appeals, or Architectural Review Board, any member whose participation would constitute a conflict of interest must disclose the nature of the conflict, join the audience and/or remove himself/herself from the room during this presentation, and recuse himself/herself from any presentation, discussion and subsequent vote on the application.
(b) Public Hearings.
(1) General Public Hearing Procedures. The following procedures are applicable to all public hearings except Zoning Code text amendments, which are described in Section 1111.01
(b) (2).
A. Publication in a Newspaper of General Circulation. Notice of the request must be published in a newspaper of general circulation not less than fifteen (15) days before the date the application will be considered for approval.
B. Personal and Mailed Notice.
Notice must be sent by mail or personal delivery to all property owners within 200 feet of the subject property, regardless of municipal jurisdiction. See Figure 34. Public Hearing Notice.
All notices delivered by mail or personal delivery must be given at least fifteen (15) days before the date of the public hearing. Notice will be deemed given when personally delivered or when deposited during normal business hours for delivery with the U.S. Postal Service or other public or private delivery service. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.
The City may prepare a list of property owners and occupants to whom notice is mailed.
C. Content. Any notice published in a newspaper and/or delivered by mail must:
• Describe the nature of the request.
Indicate the property that is the subject of the request.
Include a listing of all existing street addresses within the property. If no such addresses exist, other means of identifying the property may be used.
When and where the public hearing will occur.
When and where written comments may be submitted concerning the request.
D. Sign. The Community Development Department must post a sign advertising the proposed project and the date and time of the initial Public Hearing. The sign must be posted at the site not less than seven (7) days prior to the date of the public hearing.
(2) Procedures for Zoning Code Amendment Public Hearings. Public hearings for Zoning Code amendments will be noticed as follows:
A. Publication in a Newspaper of General Circulation. Notice of the request will be published in a newspaper of general circulation not less than 15 days before the date the application will be considered for approval.
B. Content. Any notice published in a newspaper and/or delivered by mail must:
Describe the nature of the request;
When and where the public hearing will occur; and
When and where written comments may be submitted concerning the request.
C. Notice to Other Entities. Notice of the time and place of the public hearing will also be given by mail to any of the following entities that have registered their name with the City Clerk for the purposes of receiving public notice: any electric, gas, or pipeline public utility company; each telecommunication service provider; each railroad operating within the district or zone affected; and the airport manager of each airport.
D. Additional Information Required in Notice. Any notice required under this section will include the place and time at which the proposed text amendment may be examined.
(c) Zoning Permits.
(1) Zoning Permit Required. A Zoning Permit is required under the following circumstances:
A. Construction or Structural Alteration. The construction or structural alteration of any building or accessory building constructed upon a permanent foundation.
B. Criteria Applicable to a Change in Use. The change in use of any structure, building, or parcel of land. For the purpose of this Code, the term "change in use" is identified in the following manner:
• General. Specifically, a Change in Use/Change of Use is determined by the following criteria:
• The change involves a substantial change from one principal use category to another;
• If the original use changes to such an extent that the parking requirements for the overall use are altered;
• A mere change in the status of property from unoccupied to occupied, or vice versa does not constitute a change in use. Whether a change in use occurs is determined by comparing the previous and proposed uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than one (1) year or has been abandoned;
• A change in the number of household units occupying a dwelling unit is a change in use.
Criteria Applicable to a Change in Residential Uses. For the purpose of this Section, the residential use categories are as follows: A) Single-family dwelling; B) Two family dwelling; C) Multifamily dwelling; or D) Apartment dwelling; or E) Rooming or Boarding House. A "change in use" status exists when a residential structure(s) is converted from one use category to another. Such a conversion must be made in conformance with all applicable Sections of this Code prior to the issuance of a Zoning Permit.
Criteria Applicable to a Change in Commercial, Industrial, and other Non-Residential Uses. In this category, a "change in use" status exists when the previous or existing use of a structure, building, or portion thereof is or has ceased and the new or converted use is not the same as that previous or existing use. Such conversions must be made in conformance with all applicable Sections of this Code prior to the issuance of a zoning permit.
• A mere change in ownership of a business or enterprise or a change in the name are not regarded as a change in use;
• If a parcel contains only one business or enterprise (regardless of whether that business or enterprise consists of one individual principal use or a mixed use), and that business or enterprise is replaced by a business or enterprise that may be classified under the same principal use or mixed-use category as the previous business or enterprise, the change does not qualify as a change of use);
C. Signs. The erection or enlargement of signage as regulated by Chapter 1109 of this Code.
D. Other Purposes. For any other purpose in which the issuance of a zoning permit is mandated by this Code.
(2) Application for Zoning Permit. Applications for zoning permits regarding signs must be accompanied by data as required by the Community Development Department. All applications for zoning permits must be submitted to the Zoning Inspector, must be completed in full, and must be accompanied by the payment of the appropriate fee as identified in Section 1212.01
of the Kent Codified Ordinances (KCO), as amended. In addition, the applicant must also submit a plan or drawing that includes the following information:
A. Identification of all construction to take place;
B. The location of the existing and proposed structures and appurtenances;
C. All lot dimensions, setback distances, locations of any and all adjacent and nearby public or private streets;
D. Any additional information required by the Community Development Department.
(3) Issuance of Zoning Permit. The issuance of zoning permits is subject to the following provisions:
A. Issuance. Within thirty (30) days of the receipt of application and payment of fees as required in Section 1212.01 of the Kent Codified Ordinances, as amended, the Zoning Inspector must issue a zoning permit if the application complies with the requirements of this Code. Otherwise, he/she must give written notice, stating the reasons for denial.
B. Variances. Upon approval of a zoning variance, as regulated in Section 1111.03(d) of this Code, the Zoning Inspector must issue a zoning permit. The applicant must submit an application for a zoning permit along with the required fee as set forth in Section 1212.01 of the Kent Codified Ordinances (KCO), as amended, prior to the issuance of the permit.
C. Conditional Zoning Certificate. Upon approval of a conditional zoning certificate as regulated in this Section of this Code, the Zoning Inspector must issue a zoning permit. The applicant must submit an application for a zoning permit, along with the required fee as set forth in Section 1212.01 of the Kent Codified Ordinances (KCO), as amended, prior to the issuance of the Permit. Any conditions set forth by the Planning Commission in its Certificate of Approval must be completely satisfied prior to the issuance of the permit, unless otherwise specified.
D. Site Plan Approval. Upon approval of a Site Plan as regulated in Section 1111.02
(d) of this Code, the Zoning Inspector must issue a zoning permit. The applicant must submit an application for a zoning permit, along with the required fee as set forth in Section 1212.01
of the Kent Codified Ordinances (KCO), as amended, prior to the issuance of the permit. Any conditions set forth by the Planning Commission in its Certificate of Approval must be completely satisfied prior to the issuance of the permit, unless otherwise specified.
(4) Zoning Permit Expiration. The Zoning Permit becomes void at the expiration of two (2) years after the date of issuance, unless construction has begun. If no construction is started within two (2) years of the date of the Permit, a new permit is required and reapplication must be made.
(5) Performance Bond or Other Financial Guarantee. In all cases where this Code requires a performance bond or other financial guarantee, such bond or guarantee must be placed with the City and must be returned to the applicant only if a Certificate of Occupancy is issued to the applicant.
(6) Fees and Bond Deposits. All fees, bond forfeitures, and all fines must be deposited in the General Fund. The Finance Director is hereby authorized to accept such funds and to deposit same, and he/she is hereby authorized to draw his/her warrants upon such fund in payment of such costs incurred.
(7) Certificate of Occupancy. A Certificate of Occupancy is required from the Chief Building Official prior to the occupancy of a premise or structure, including changes in use of land and structures that are erected, altered, extended, or changed in use.
(8) Payment of Fees. The fees for zoning permits are enumerated in Section 1212.01
of the Kent Codified Ordinances (KCO), as amended. These fees must be collected at the time of application and/or zoning permit issuance.
(9) Parks and Recreation Fee. The impact fees related to Parks and Recreation Department which are invoked at the time of Subdivision or development are outlined in Chapter 1191 of the Kent Codified Ordinances, as amended. These fees must be paid in the manner prescribed in Chapter 1191, as amended.
(d) Zoning Use Certificate. The following provisions apply to the issuance of Zoning Use Certificates:
(1) Zoning Use Certificate Required Prior to Sale or Transfer of Real Property. Every owner of real property located entirely or in part in the City, prior to entering into a contract for the sale or transfer of such realty, must tender to the prospective buyer a copy of a Zoning Use Certificate issued by the Community Development Department within six (6) months prior to the execution of the contract of sale. The buyer must give the seller a receipt for the certificate. The certificate is not required in a sale or transfer by one governmental agency to another.
(2) Property Representative Responsibility. When a property representative has been established in connection with the sale of such real property, the property representative must not transfer title or distribute funds until an acknowledgment from the buyer of the receipt of a copy of the Zoning Use Certificate is submitted to the Community Development Department.
(3) Zoning Use Certificate Information. The Zoning Use Certificate must be in such manner and form as may be adopted by the Community Development Department and must at a minimum include the following:
A. The address of the premises;
B. Designation of the zoning district the premises are located in;
C. The present permitted and/or conditionally permitted uses of such premises.
(4) Expiration of Zoning Use Certificate. The Zoning Use Certificate is valid for a period of six (6) months from the date of issuance. A Zoning Use Certificate is not a warranty or guarantee that the premises are lawfully used, nor is the City held responsible for any errors or omissions in the Zoning Use Certificate.
(5) Request for Zoning Use Certificate. A Zoning Use Certificate may be requested in writing, in person, by telephone, or by an acceptable electronic means from the Community Development Department. The requestor will be provided a certificate in person, by mail, or by an acceptable electronic means without charge or fee.
(6) Violations and Fines. Any property representative violating any provision of this Section is in violation of this Code, and is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
, as amended.
(7) Community Development Department Monitor of Land Transfers. The Community Development Department must monitor the land transfers within the City of Kent that are filed with the Portage County Recorder's Office. Should a transfer be filed, for which no zoning use certificate was issued, the Community Development Department may send a zoning use certificate to the new owner within forty-five (45) days of discovery of the transfer. The Community Development Department reserves the right to issue a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
. (Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22.)
1111.02 PLANNING COMMISSION.
(a) Administrative Regulations
(1) Planning Commission Established. There is hereby established by Kent City Charter a Planning Commission which has the power and duties prescribed by law and by this Code.
(2) Composition and Appointment. The Planning Commission is constituted in the following manner:
A. Composition. The Planning Commission consists of five (5) members appointed by City Council. In the event of the death, resignation, or removal of a member, Council must fill the vacancy for the unexpired portion of the term of that member.
B. Appointment. All appointments are for a five (5) year term. No member is allowed to serve more than three (3) consecutive terms or twelve (12) consecutive years, whichever occurs first. Once the term limit is met, the member may not reapply to the Planning Commission for one (1) full term. The members of the Planning Commission must be residents of the City of Kent and will serve without compensation unless compensation is approved by City Council.
(3) Organization. The Planning Commission must elect a chairperson, vice chairperson, and secretary. City Council prescribes by-laws and rules to follow and where not otherwise dictated, the Planning Commission must act in accordance with Robert's Rules of Order for Small Groups, most current edition.
(4) Quorum. Three (3) members of the Planning Commission constitute a quorum and a concurring vote of three (3) members of the Planning Commission is necessary to enact an order or resolution. Whenever only three (3) voting members are present for a specific case, the Chair must notify the applicant prior to any dispositive vote that the applicant has the option of continuing the vote to another hearing date.
(5) Meetings. Whenever there are matters to come before the Planning Commission, the Planning Commission will meet on the first and third Tuesdays of each month and at other such times as may be determined. Whenever the first or third Tuesday of the month falls on a legal holiday, that meeting will be cancelled. All meetings of the Planning Commission must be open to the public.
(6) Witnesses. The Chairperson of the Planning Commission may direct the Law Director or his/her designee to administer oaths, compel by issuance of a subpoena the attendance of witnesses in all matters coming within the purview of the Planning Commission, and take testimony of any and all persons appearing before it.
(7) Powers and Duties. The Planning Commission must review all applications for site plan review for permitted uses, conditionally permitted uses, and specially permitted uses. Planning Commission also reviews and recommends or denies zoning code text and/or map amendments (Section 1112.01), subdivision applications (Section 1111.02(e)), park fees (Section 1111.01(c)(9)), and preservation alternate applications (Section 1104.02(e)(2)).
(b) Determining the Level of Site Plan Review.
(1) Purpose. The purpose of this Section is to identify a procedure for the review and, when appropriate, the approval of permitted uses, conditionally permitted uses, and specially permitted uses and their respective site plans for various projects as may be required and enumerated in this Code. Generally, those projects which involve the substantial construction of buildings, site improvements, changes in use, parking lots, or large activity areas are required to undergo a site plan review as specified in this Section.
(2) Projects Requiring Review. The Table below reflects projects that require minor site plan review, major site plan review, or are exempt from site plan review. For purposes of determining whether a site plan requires a major site plan review or minor site plan review, a legal pre-existing nonconforming use will be treated as a permitted use.
Major Site Plan Review Planning Commission | Minor Site Plan Review Staff | Exempt from Site Plan Review | |
1. Special land uses | • | ||
2. Conditionally Permitted Uses | • | ||
3. Driveway or curb cut relocation where the new driveway will be relocated to within 25 feet of the existing driveway location or where a driveway or curb cut is being totally eliminated | • | ||
4. Construction of a building addition or separate accessory structure 15,000 square feet or less | • | ||
5. New construction of any non-residential building or buildings, including non-residential accessory buildings or structures, unless the activity is exempt or requires minor site plan review | • | ||
6. Alterations to exterior walls such as window openings, façade changes, etc., provided there is no change to the building footprint | • | ||
7. Construction and development on any parcel of land of multifamily, commercial, or industrial uses | • | ||
8. Construction of additional parking which abuts or is connected to an existing parking lot on the same property where the additional parking area does not exceed 20 parking spaces or a total additional improved area of 6,000 square feet | • | ||
9. Construction of 21 or more parking spaces and/or where the total area of the new parking lot is equal to or greater than 6,001 square feet in size on a property containing anything other than a single-family or two-family use | • | ||
10. Site improvements that include landscaping, lighting, site access or parking lot grading, layout, and new off-street parking, unless the activity is exempt | • | ||
11. Single-family dwellings and their accessory facilities on individual parcels | • | ||
12. Two-family dwellings and their accessory facilities on individual parcels | • | ||
13. Interior remodeling or interior construction | • | ||
14. Landscaping that is less than 25% of the parcel size or 5,000 square feet, whichever is less, no structures | • | ||
15. Re-paving of an off-street parking lot, provided there are no grading changes and no changes to the configuration of the parking lot layout | • | ||
16. Construction of and/or the conversion of an existing structure to one (1) or more units meeting the definition of a Rooming House or Boarding House | • | ||
(c) Requirements for all site plans.
(1) Pedestrian access. The development must be located as to not interfere with safe pedestrian use of sidewalks or shared use paths.
(2) Driveway spacing from intersections. If the property fronts on two or more streets, the driveways must be located as far from the intersections as is practical.
(3) Circulation. Vehicular approaches to the property must be designed to allow sufficient off-street transient parking or waiting area without creating interference with traffic on the street.
(4) Loudspeakers. Loudspeakers that cause a hazard or annoyance off of the development site are prohibited.
(5) Compliance. All applicants must provide documentation of compliance with all applicable state and/or federal requirements for the proposed use.
(6) Basis of Determination. When considering whether proposed development meets the requirements, the Planning Commission may consider all nearby properties, including properties outside the jurisdiction of the City of Kent.
(Ord. 2021-057. Passed 6-16-21.)
(d) Conducting Site Plan review and Issuing Permitted, Conditionally Permitted, or Specially Permitted Zoning Use Certificates.
(1) Application Procedures for Minor Site Plan Review. For a minor site plan review, the Community Development Department will specify what documentation is required.
(2) Application Procedures for Major Site Plan Review. An application for Major Site Plan Review must be submitted to the Community Development Department on forms provided for that purpose by the Community Development Department. Each application must be accompanied by the payment of any applicable fees. Applicants will be required to submit the following information, as specified by the Community Development Department, along with the completed application form:
• Description of the proposed project;
• Solid Waste Management;
• Number of Parking Spaces;
• Hours of Operation;
• Lighting;
• Signage;
• Landscaping; and
• Number of Occupants (i.e., employees, tenants, etc.)
B. Proof of ownership or site control.
C. Site Plan. The applicant must submit the number of scaled sets of plans required by the Community Development Department for the proposed project showing the items, as specified by the Community Development Department in the table below:
Site Plan Required Information |
1. General vicinity map. |
2. Property boundary lines, including a survey, legal description, and site area. |
3. Title and date of plan, including the date and nature of all subsequent revisions. |
4. North arrow and scale. The scale must not be less than 1-inch equals 50 feet for property under 3 acres and at least 1-inch equals 100 feet for those 3 acres or more. |
5. The location and the pavement and public right-of-way width of all abutting roads and streets and driveway locations on abutting public streets. |
6. The name, firm, address and telephone number of the professional civil engineering or architectural firms responsible for the preparation of the site plan (including imprint of professional seal). |
7. Notation of City, County or State license, permits required and/or secured. |
8. A description of the proposed use including the nature of the proposed use and other general information describing the use. |
9. Existing and proposed topography with contours at 2-foot intervals (based on USGS datum), extending a minimum of 50 feet beyond site boundaries. |
10. Description of soil erosion and sedimentation control measures. |
11. Location of clusters of trees on site and all existing trees five (5) inches or greater in diameter. |
12. Location of flood plains drainage courses, lakes, ponds, drains, rivers and streams including their water surface elevation, flood plain elevation and normal high-water elevation. |
13. Soil characteristics of the parcel to at least the detail provided by the U.S. Soil and Conservation Service |
14. A schedule of vehicle and bicycle parking needs. Separate drawings may be submitted to indicate usable floor areas, etc. for computation of parking needs. Each individual parking space must be indicated including typical parking space dimensions for regular and handicapped spaces and type of lot surfacing. |
15. The location of all rubbish receptacles and the location, height and type of fences and walls to screen receptacles. |
16. Location of existing and proposed fire hydrants, water mains, pump houses, stand pipes, building services and sizes including proposed connections to public sewer or water supply systems and/or considerations for extensions to loop other public water mains in adjacent public rights of way. |
17. Location and dimension of required easements for public right-of way, utilities, access and shared access. |
18. Front, rear and side elevations of proposed buildings and proposed type of building materials, roof design, projections, canopies and overhangs, screen walls and accessory buildings, and any other outdoor mechanical equipment, i.e., air conditioning, heating units, etc.
19. Traffic and pedestrian circulation patterns both within the site and on the public streets adjacent to the site and the proposed location and dimensions of any pedestrian sidewalks, malls and open areas for parks and recreation either required or otherwise deemed necessary by the Planning Commission. A concrete sidewalk 5 feet in width must be provided within the public right-of-way 1 foot from the subject site's property line where the subject site borders a public right-of-way.
20. Designation of fire lanes.
21. Detailed landscape plan (including topography and utilities above and below ground) from an architect, landscape architect, or landscaping professional in conformance with the requirements of this Code, indicating the location, type and size of trees, plants, berms etc.
22. The location and type of outdoor lighting, proposed illumination patterns (including a photometric plan), and method of screening to prevent glare onto adjacent properties.
23. The location, height and area of all signs.
24. The location of any outdoor storage of material(s) and the manner in which it will be screened or covered.
25. Information and plans for the storage, loading, disposal and transfer of any hazardous/toxic waste (gas, oil, transmission fluid, lubricants, solvents, etc.). If any underground tank is used, the location, size, construction and use of the tank must be specified on the site plan.
26. Information and special data which may be critical to the adequate review of the proposed use and its impact on the site or City. Such data requirements may include traffic studies, market analysis, site investigation report, environmental assessments (including inventory and impact data on flora, fauna, natural resources, hazardous materials, erosion control and pollution), demands on public facilities and services and estimates of potential costs to the City due to failures as a basis for performance guarantees.
27. Recreation and open space areas for residential development projects must be provided where deemed necessary by the Planning Commission.
28. Any other data which the City may reasonably deem necessary for adequate review.
29. Clear documentation for all proposed changes to the existing site, building or land use.
30. Any easements, legal or deed restrictions, and/or encroachments applicable to the property, but not including any home owner association requirements.
31. For sites with regular truck traffic, a truck circulation diagram indicating the type and volume of truck traffic anticipated at the site and defining all truck access and circulation lanes and truck loading/unloading areas on the site plan. The diagram must include the dimensions of trucks anticipated at the site and must show all existing and proposed truck circulation patterns, including the direction and flow of truck traffic on the site, turning radii, and sufficient maneuvering space and pavement design to accommodate trucks in accordance with the American Association of State Highway and Transportation Officials or another standard specified by the City Engineer.
32. Any other information as required by the Planning Commission or Community Development Department which will assist in evaluation of the proposed use.
D. Description of a feasible storm drainage system and proposed storm sewer facilities (sewers and appurtenances) including catch basins, outlets, enclosed or open ditches and proposed swales for the retention of off-site drainage. Provide preliminary drainage calculations.
E. Certificate of Appropriateness. In accordance with Section 1111.04(b)(6)D. and Section 1111.04 of this Code, the applicant must provide a copy of the Certificate of Appropriateness as issued by the Architectural Review Board, when such a review is applicable. The Certificate issued must be for the specific project and plans being presented for the Conditional Zoning Certificate or Specially Permitted Use.
(3) Submission of Application. Once a completed minor or major site plan review application has been received, the Community Development Department must verify the appropriate review and course of action for the project and advise the applicant accordingly. If the project requires zoning variances, those variances must be reviewed and approved prior to the completion of a minor site plan review and prior to appearing before the Planning Commission for a major site plan review. For projects required to undergo a major site plan review, an appropriate date at which the application will be presented to the Planning Commission will be tentatively set. At the applicant's request, the project may be presented conceptually to the Planning Commission prior to the formal review for the Planning Commission's comments, however, no final action is permitted as part of the conceptual review. Upon submission of the full and complete application by the applicant, the following procedure must be followed:
A. Minor Site Plan Review. Projects only subject to a minor site plan review will be reviewed internally by the Community Development Department and other City Departments as may be appropriate. The Community Development Director may then reject the proposed minor site plan, approve the minor site plan as submitted, approve the minor site plan with modifications and conditions, or refer the application to the Planning Commission to be reviewed as if it were a major site plan. Any denial or rejection of a minor site plan may be appealed to the Board of Zoning Appeals as prescribed in the appeal process set forth in Section 1111.03
(d) of this Code. There will be no public hearing or other public notification for a minor site plan. A zoning permit may not be issued until the plans submitted for a minor site plan review have been reviewed and approved for compliance with all city and state codes, including but not limited to this Code and Chapter 1339 (Technical Plan Review) of the Kent Codified Ordinances (KCO), as amended.
B. Major Site Plan Review. Projects requiring a major site plan review must be processed in the following manner:
• Administrative Review. The Community Development Department must circulate copies of the submitted site plans to the appropriate departments for review and comment.
(4) Planning Commission Review. The Planning Commission must review the proposed development as presented on the submitted application, plans, and specifications in accordance with the standards established in this Code. The Planning Commission must also consider comments from the administration or the general public in its evaluation of the project, but the Planning Commission in its sole discretion, may determine how much weight to assign each comment. Whenever it feels necessary, the Planning Commission may attach conditions to the approval of a Site Plan to ensure the health, safety, or welfare of the public as well as the integrity of an existing neighborhood in proximity to the development.
A. Special Studies Required. If the Planning Commission feels that additional information is necessary to make its decision, it may instruct the applicant or the administration to conduct additional studies, or seek expert advice. The cost of such studies must be borne by the applicant but in no event may such cost exceed five thousand dollars ($5,000).
B. Decision. The Planning Commission must approve or disapprove all applications for a major site plan review to come before it within sixty (60) days of the initial public meeting at which the project appeared. Such period may be extended by the Planning Commission with the applicant's consent or at the applicant's request.
(5) Approval of a Permitted Use. After reviewing an application for a permitted use at its public hearing, if the application meets all the legal requirements, the Planning Commission must:
A. Grant the applicant's request; or
B. Grant the applicant's request with conditions to ensure the health, safety, or welfare of the public as well as the integrity of an existing neighborhood in proximity to the development.
(6) Approval of a Conditionally Permitted Use or a Specially Permitted Use. The applicant is required to establish by clear and convincing evidence that the general standards of this Code, this Section, and the specific standards pertinent to each proposed use are met throughout the period of the proposed use. The Planning Commission must determine compliance or noncompliance and must ensure that the general standards, the specific standards, and other terms of this Code pertinent to the proposed use must be satisfied by the completion and operation of the proposed development.
A. General Standards for a Conditionally Permitted Use or a Specially Permitted Use. The Planning Commission must review the particular facts and circumstances of each proposed use in terms of the following standards and find that such use of the proposed location:
• Must be consistent with most recent Comprehensive Plan;
• Must be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance and function with the existing or intended character of the general vicinity;
• Such use must not change the essential character of the same area;
• Must not be hazardous or disturbing to neighboring uses;
• Must not be detrimental to property in the immediate vicinity or to the community as a whole;
• Must be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures; or that the persons or agencies responsible for the establishment of such use must be able to provide adequately any such service including refuse disposal; and
B. Additional Standards for a Specially Permitted Use.
• Must not be contrary to the public interest;
• Must not be injurious to nearby properties;
• Must not enlarge or encourage the development of a blighting
• Must not be contrary to any program of neighborhood conservation; and
• That the use complies with all applicable regulations of this Section.
C. After reviewing an application at its public hearing, the Planning Commission may:
• Grant the applicant's request for approval of a Conditionally or Specially Permitted;
• Grant the applicant's request for approval of a Conditionally or Specially Permitted with conditions; or
• Deny the applicant's request.
D. If the application has been denied, the decision is final, subject only to an appeal as permitted by state law.
(7) Re-Application.
A. Any applicant who has been denied wholly or in part a use permit for major site plan review by the Planning Commission, cannot submit a new application for the same parcel until the Community Development Director determines that at least on (1) of the four (4) following conditions has been met:
The expiration of one (1) year or more from the date of such denial;
Relevant newly discovered evidence that may affect the Planning Commission decision;
A substantial change in conditions surrounding the property, or
A substantial alteration to the application.
B. The Community Development Director's determination of whether one (or more) of the four conditions will be based upon the application and viewed in the context of the Planning Commission's denial.
(8) Staged Development. Where a proposed site plan indicates a staged site development approach, the later stages of the proposed development must be constructed within ten (10) years of the initial approval. Later stages of the overall site plan must be built in conformance with the approved site plan or must be submitted as a separate, new project, subject to all review requirements and zoning requirements that may apply at that time.
(9) Technical Plan Review. Any project subject to review under this Section as a minor or major site plan is also subject to review under 1339 of the Kent Codified Ordinances, as amended. Where Technical Plan Review and Approval is required under Chapter 1339, the Zoning Permit for the project may be withheld by the Community Development Department until Technical Plan Review is completed and the plans are approved. An applicant may be required to submit revised plans to the Planning Commission where projects involving major site plan review are concerned if the revised plan deviates substantially from the version of the plans approved by the Planning Commission as determined by the Community Development Director.
(10) Violations and Penalties. Any violation of a site plan or condition of approval during construction or once construction is completed and the use has commenced is a violation of this Code and is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
, as amended.
(11) Payment of Fees. Before the final permits are issued, the applicant must pay all outstanding fees.
(e) Conducting Subdivision Review:
(1) Preliminary Plan Review. All applications for subdivision review must be submitted to the Community Development Department. Applicants must submit the following information along with the completed application form:
A. Proof of ownership or site control.
B. Preliminary Plan. The applicant must submit the number of scaled sets of plans required by the Community Development Department for the proposed project showing the requested information listed in TITLE SEVEN - Subdivision Regulations, Section 1185.03
.
C. Payment of any applicable fees listed in TITLE SEVEN - Subdivision Regulations, Section 1181.05
(2) Final Plat Procedure. The Planning Commission must approve or disapprove the plat within thirty days from the date of official filing or within a mutually agreed upon time extension; otherwise, the final plat is deemed to have been approved.
(3) Required Information. The applicant must furnish the requested information listed in TITLE SEVEN - Subdivision Regulations, Section 1185.05
.
(f) Park Fee Approval. The final amount of land to be dedicated, the amount of the fee in lieu of land dedication, or the final combination thereof must be approved by the Planning Commission as set forth in Chapter 1191 Parks and Recreation Fees.
(Ord. 2021-057. Passed 6-16-21.)
1111.03 BOARD OF ZONING APPEALS.
(a) Administrative Regulations.
(1) Board Established. There is hereby established by Kent City Charter a Board of Zoning Appeals which has the power and duties prescribed by law and by this Code.
(2) Composition and Appointment. The Board of Zoning Appeals is constituted in the following manner:
A. Composition. The Board of Zoning Appeals consists of five (5) members appointed by City Council. In the event of the death, resignation, or removal of a member, Council must fill the vacancy for the unexpired portion of the term of that member.
B. Appointment. All appointments are for a (3) year term. No member is allowed to serve more than three (3) consecutive terms or twelve (12) consecutive years, whichever occurs first. Once the term limit is met, the member may not reapply to the Board of Zoning Appeals for one (1) full term. The members of the Board must be residents of the City of Kent and will serve without compensation unless compensation is approved by City Council.
(3) Organization. The Board of Zoning Appeals must elect a chairperson, vice chairperson, and secretary. City Council prescribes by-laws and rules to follow and where not otherwise dictated, the BZA must act in accordance with Robert's Rules of Order for Small Groups, most current edition.
(4) Quorum. Three (3) members of the Board of Zoning Appeals constitute a quorum and a concurring vote of three (3) members of the Board of Zoning Appeals is necessary to enact an order or resolution. Whenever only three (3) voting members are present for a specific case, the Chair must notify the applicant prior to any dispositive vote that the applicant has the option of continuing the vote to another hearing date.
(5) Meetings. Whenever there are matters to come before the Board of Zoning Appeals, the Board will meet on the third (3rd) Monday of each month and at other such times as may be determined. Whenever the third (3rd) Monday of the month falls on a legal holiday, that meeting will be scheduled for the fourth (4th) Monday of that month. All meetings of the Board must be open to the public.
(6) Witnesses. The Chairperson of the Board of Zoning Appeals may direct the Law Director or his/her designee to administer oaths, compel by issuance of a subpoena the attendance of witnesses in all matters coming within the purview of the Board, and take testimony of any and all persons appearing before it.
(7) Powers and Duties. The Board of Zoning Appeals has the power under the authority of this Code to determine appeals, variances, and nonconforming uses.
(8) Planning Commission Review. The Board of Zoning Appeals may request in writing an advisory opinion from the Planning Commission on any question. The Planning Commission must submit a written report to the Board of Zoning Appeals of such advisory opinion within sixty (60) days of its receipt of such request.
(9) Decisions. The Board of Zoning Appeals must decide all appeals upon the conclusion of receiving evidence and must rule on all requests for variances or nonconforming uses within seventy-five (75) days after the date of the initial hearing, except that such time for any decision may be extended by mutual consent, or in the event that inaccurate information has been submitted by the applicant or their designee. Each decision must be by resolution and signed by the Chairperson (or acting chair).
(b) Application Procedures.
(1) All applications for appeals, variances, nonconforming uses, or interpretations must be filed on forms prescribed by the Board of Zoning Appeals and the Community Development Department.
(2) All such applications must be submitted, completed in full, and accompanied by the appropriate fees as specified in Section 1212.01
of the Kent Codified Ordinances, as amended.
(3) If an application is submitted which is incomplete or which is not accompanied by supporting documents or data as required on the application, it may be returned to the applicant for re-application. It is the applicant's responsibility to obtain and submit accurate information.
(4) Upon acceptance of each application, the Community Development Department must establish the time and date of the public hearing to be held to consider the application or request by placing the application on the agenda of the next regularly scheduled Board meeting.
(c) Required Information.
(1) Appeals. The following information is required as part of the completed application for an appeal:
A. A form or cover letter completed by applicant which specifies the decision, the date of the decision, a specific reference to the action or refusal involved, and the grounds for the appeal. The applicant should specifically state one or more reasons with supporting documentation that establishes his/her position in calling for the adverse action to be set aside, modified, or overturned.
B. Such appeal must be filed with the Community Development Department within thirty (30) days of the receipt of the alleged adverse decision, action, or refusal. The date of receipt is established by the date which is marked on the Certified Mailing's return receipt.
(2) Variances. The following information is required as part of the completed application for a variance:
A. A form and any required supporting documentation requested by the Community Development Department, completed by the applicant or his/her authorized representative which specifies the variance being requested, the specific section(s) on which the variance is being requested, the details of the variance, and the grounds on which it is claimed that the variance should be granted. The supporting documentation should reference specifically the criteria provided in Section 1111.03
(c)(2) and how the request for variance addresses or satisfies those criteria.
B. A plan, drawn to reasonable scale, showing the entire property under consideration, the location and names of all abutting streets, the location and dimensions of all existing and proposed structures, and the acreage and dimensions of the property under consideration. The applicant or their authorized representative is responsible for the accuracy of the drawing(s) submitted and the information contained on them. Inaccurate information could lead to a delay in the Board's decision on a variance request.
(d) Review by Board of Zoning Appeals. The Board of Zoning Appeals must review each application or request in accordance with the standards established below. Upon acceptance of each application, the Community Development Department must establish the time and date of the public hearing to be held to consider the application or request by placing the application on the agenda of the next regularly scheduled Board meeting, consistent with the deadlines published by the Community Development Department.
(1) Appeals. The Board of Zoning Appeals must hear and determine all appeals from any decision or action of the Zoning Inspector, Planning Commission (except for site plan and subdivision review), Board of Building Appeals, and the Community Development Department in the administration or enforcement of this Code.
A. The Board of Zoning Appeals must first determine if the applicant has standing to file such an appeal. In order to have standing, the applicant must be materially affected by the adverse decision. The Board of Zoning Appeals will determine if an applicant has standing based upon his/her proximity to the property affected by the decision and any other factor the Board of Zoning Appeals deems relevant.
B. The Board of Zoning Appeals must recognize that affirmative decisions of the Community Development Department or Zoning Inspector require clear and convincing evidence (highly probable to be true; a firm belief or conviction).
C. City Staff may defend the decision of the Zoning Inspector, Planning Commission, Architectural Review Board, Board of Building Appeals, or Community Development Department.
D. The Board of Zoning Appeals reviews all appeals as "de novo," meaning that the scope of the appeal is not limited to the evidence originally presented.
E. The Board of Zoning Appeals must grant a presumption of accuracy of the underlying decision, but this presumption may be overcome by testimony.
F. The Board of Zoning Appeals must allow the applicant and the City's representative to present their case including the presentation of any evidence or legal arguments. Evidence includes sworn testimony, authenticated photographs, historical records, records maintained in the ordinary course of business (including leases, contracts, bank deposits, etc.). Affidavits that are self-serving and cannot be independently corroborated or cross-examined are of lesser value.
G. The Board of Zoning Appeals must, after the presentation of evidence, deliberate until at least three (3) members vote in favor of granting the appeal, granting the appeal with conditions, or affirming the underlying decision.
H. In order to vote in favor of any motion for or against granting an appeal, the member of the Board of Zoning Appeals must determine that the preponderance of the evidence (i.e., more probable than not probable) supports that vote.
I. After prolonged deliberation, if the Board of Zoning Appeals cannot pass a resolution with at least three (3) votes granting the appeal or affirming the underlying decision, the Chairperson may elect to declare a stalemate. A stalemate affirms the decision of the Planning Commission, Architectural Review Board, Zoning Inspector, or Community Development Department.
(2) Variances. The Board of Zoning Appeals must hear and determine all requests for variances from the administration or enforcement of this Code.
A. Zoning Classification Variance. The Board of Zoning Appeals does not have the authority to change the zoning classification for any zoning district, but may in such instances as desired, initiate a recommendation to amend this Code in accordance with Chapter 1112.
B. Use Variances. The Board of Zoning Appeals does not have the authority to grant use variances.
C. Location, Code, Size, or Area Variances. The Board of Zoning Appeals has the authority to grant location and ordinance variances in accordance with the following standards:
General Standards.
• When practical difficulties, unnecessary hardship, or results inconsistent with the general purpose of this Code result through the strict and literal interpretation and enforcement of the provisions thereof, the Board has the authority, subject to the provisions of this Section, to grant upon such conditions as it may determine in accordance with this Code.
• Such variances from the provisions of this Code must be in harmony with its general purpose so that the spirit of this Code is observed, public safety, health and welfare secured, and substantial justice done.
• In granting a variance, the Board of Zoning Appeals may attach thereto such conditions relating to the location of the proposed structure or use, or the duration of the variance as it may deem necessary to further the purposes of this Code.
Review Criteria. In carrying into effect its powers to grant or to recommend variances, the Board must be guided by the following criteria:
• Special Conditions and Circumstances Unique to the Land, Structure, or Building. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same district;
• Rights of Similar Properties in the Same Districts. That literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other similar properties in the same district under the terms of this Code;
• Not a Result of Actions of the Applicant. That the special conditions and circumstances do not result from the actions of the applicant;
• Special Privileges Prohibited. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other lands, structures, or buildings in the same district;
• Comparison to Other Lands, Structures, or Buildings Not a Factor. That no nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts will be considered grounds for the issuance of a variance.
• Strict Compliance is Unnecessarily Burdensome. That strict compliance with area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose and would thereby render the conformity unnecessarily burdensome;
• Substantial Justice. That a variance would do substantial justice to the applicant, as well as to other property owners in the district (the BZA, however, may determine that a reduced relaxation would give substantial relief and be more just);
• Impact. That the proposed variance will not impair an adequate supply of light and air to adjacent property or increase the congestion in public streets; that the variance will not increase the hazard of fire or flood or endanger public safety; that that the variance will not unreasonably diminish or impair established property values within the surrounding area; and that the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
• Minimum Variance Necessary. That the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
• No Financial Consideration. That the granting of a variance is not based upon financial concerns.
• Purpose of the Code. That the granting of the variance, will be in harmony with the general purpose of this Code.
(3) Location or Code Variance. In every instance where the Board grants or recommends a location or code variance, there must be a finding by the Board of Zoning Appeals that:
A. The strict application of the provisions of this Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose of this Code.
B. There are exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zoning district.
C. The granting of such variance must not be of substantial detriment to the public interest or to adjacent property or improvements in such district in which the variance is sought, and must not materially impair the purpose of this Code.
(4) Size and Area Variance. The Board of Zoning Appeals has the authority to grant a size or area variance in accordance with the following standards:
A. Size and area variances should only be granted when a practical difficulty exists.
B. In order to determine whether a practical difficulty exists, the Board of Zoning Appeals must consider the following seven (7) factors:
• Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
• Whether the variance is substantial;
• Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
• Whether the variance will adversely affect the delivery of government services (i.e., water, sewer, garbage);
• Whether the property owner purchased the property with knowledge of the zoning restriction;
• Whether the property owner's predicament can be solved through some method other than a variance; AND
• Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
C. In analyzing the criteria for a practical difficulty, the Board of Zoning Appeals must consider that:
• Each factor does not have a specific weight; AND
• There is not specific number of factors that need to be satisfied for the Board of Zoning Appeals to grant a variance.
(Ord. 2021-057. Passed 6-16-21.)
1111.04 ARCHITECTURAL REVIEW BOARD.
(a) Administrative Regulations.
(1) Board Established. There is hereby established by City Ordinance an Architectural Review Board which has the power and duties prescribed by law and by this Code.
(2) Composition and Appointment. The Architectural Review Board is constituted in the following manner:
A. Composition. The Architectural Review Board consists of five (5) members appointed by City Council. Of the five (5) members, composition to the extent feasible must include a minimum of two (2) professionals practicing in one or more of the following fields: architecture, planning, landscape architecture, history or historic preservation, and urban design. In the event of the death, resignation, or removal of a member, Council must fill the vacancy for the unexpired portion of the term of that member.
B. Appointment. All appointments are for a (3) year term. No member is allowed to serve more than three (3) consecutive terms or twelve (12) consecutive years, whichever occurs first. Once the term limit is met, the member may not reapply to the Board of Zoning Appeals for one (1) full term. The members of the Board must be residents of the City of Kent and will serve without compensation unless compensation is approved by City Council.
(3) Organization. The Architectural Review Board must elect a chairperson, vice chairperson, and secretary. City Council prescribes by-laws and rules to follow and where not otherwise dictated, the Architectural Review Board must act in accordance with Robert's Rules of Order for Small Groups, most current edition.
(4) Quorum. Three (3) members of the Architecture Review Board constitute a quorum and a concurring vote of three (3) members of the Architecture Review Board is necessary to enact an order or resolution. Whenever only three (3) voting members are present for a specific case, the Chair must notify the applicant prior to any dispositive vote that the applicant has the option of continuing the vote to another hearing date.
(5) Meetings. Whenever there are matters to come before the Architectural Review Board, the Architectural Review Board will meet on the first (1st) Tuesday of each month and at other such times as may be determined. Whenever the first (1st) Tuesday of the month falls on a legal holiday, that meeting will be scheduled for the second (2nd) Tuesday of that month. All meetings of the Architectural Review Board must be open to the public.
(6) Witnesses. The Chairperson of the Architectural Review Board may direct the Law Director or his/her designee to administer oaths, compel by issuance of a subpoena the attendance of witnesses in all matters coming within the purview of the Architectural Review Board, and take testimony of any and all persons appearing before it.
(7) Powers and Duties. It is the responsibility of the Architectural Review Board to promote interest and appreciation in compatible building design and historic preservation within the City of Kent.
(8) Design Guidelines Review. If there is any proposed change to this Section or to the Design Guidelines of Appendix A: Design guidelines for the Kent Design Overlay District, the Architectural Review Board will review all such amendments and will recommend to the Planning Commission or City Council whether such changes should be adopted. Kent City Council has the final authority to amend this Section or any of the Design Guidelines.
(b) The Architectural Review Board has the following specific responsibilities and duties:
(1) Review. The Architectural Review Board must review all new construction, structural or cosmetic modifications to a building's exterior, and all permanent signs not in the public right-of-way that are located within an Architectural Design Review Overlay District(s).
(2) Permit. Where a zoning and/or building permit(s) is required for such a project, the City is prohibited from issuing a building or zoning permit until after the Architectural Review Board issues a Certificate of Appropriateness.
(3) Certificates of Appropriateness. The Architectural Review Board has the responsibility of reviewing all proposed projects, building modifications, modifications to existing signage as well as all new signage within an Architectural Design Review Overlay District(s) for the purpose of issuing Certificates of Appropriateness.
(4) Exceptions. Each of the following circumstances are exempt from the review and jurisdiction of the Architectural Review Board regardless of whether the property is within an Architectural Design Review Overlay District(s):
A. As an exception, if a structure is A residential structure that is both owner-occupied and used as a single-family residential dwelling unit; the structure project is exempt from the requirements of the Architectural Review Board even if the property is within an Architectural Design Review Overlay District(s);OR
B. Art visible from any public right-of-way, including but not limited to wall murals and sculptures (See Section 1106.20)
for General Provisions for Public Art; OR
C. Ordinary maintenance, although nothing in this Section or within any of the approved design guidelines of Appendix A: Design guidelines for the Kent Design Overlay District is to be construed so as to prevent the ordinary maintenance or repair of any building or structure which is subject to review under the provisions of this Section, provided such work involves no alteration to the exterior architectural features of the building, structure, or sign which would be subject to review.
(5) Advisory Comments. The Architectural Review Board must advise the City of Kent of any efforts which should be considered directed at the protection of local historic or architecturally significant resources. The Architectural Review Board may provide advisory comments (non-binding) to any project being undertaken in the City which is not otherwise subject to review under the provisions of this Section.
(6) Administration of Duties.
A. Design Guidelines. The specific design guidelines applicable to a designated area of the City are enumerated in Appendix A: Design guidelines for the Kent Design Overlay District.
B. Replacement. At any time after an initial Certificate of Appropriateness is issued for a project, an applicant must seek a new Certificate of Appropriateness if the site plan presented is significantly altered as determined by the Community Development Director. The applicant is required to pay all fees required herein and submit the information relevant to the proposed project changes that require amending the Certificate of Appropriateness.
C. Expiration. The Certificate of Appropriateness expires twelve (12) months from the date of approval or, if the Planning Commission has approved a site plan for development, the Certificate of Appropriateness expires simultaneously with the Planning Commission's site plan approval. All permits must be obtained within twelve (12) months of the date the Certificate of Appropriateness is issued, and construction must begin within twenty-four (24) months of the date the Certificate of Appropriateness is issued.
D. Certificate of Appropriateness Application Requirements and Fees. The following application requirements and fees apply to applications for Certificates of Appropriateness, amendments to Certificates of Appropriateness, and requests for extensions:
Application Fee. The fee (KCO Section 1212.01
) for a Certificate of Appropriateness application involving building construction or modifications or new or modified advertising signs are in accordance with the fee schedule established by the City Council. See Section 1212.01
of the Kent Codified Ordinances, as amended.
Initial Application Submission Requirements. Before an application is reviewed and approved, the applicant must submit drawings, photographs, specifications, and material samples as required by the Community Development Department. Applications for this formal review may be filed concurrently with any Planning Commission or Board of Zoning Appeals application or prior to those applications.
E. Conceptual Review. Applicants are encouraged to review the Design Guidelines in Appendix A: Design guidelines for the Kent Design Overlay District and the Rules and Procedures applicable to the review process in order to be familiar with requirements that will be applicable to their project. Applicants are also encouraged to discuss their project and relevant Certificate of Appropriateness requirements with the appropriate Community Development Department staff prior to making any formal submissions. A conceptual review with the Architectural Review Board may be requested by the applicant or recommended by staff but is not mandatory.
F. Formal Review. Upon the submission of a complete application for a Certificate of Appropriateness, the Community Development Department will schedule a meeting date for the Architectural Review Board to review the application. The applicant, at any point in time prior to Architectural Review Board action, may request that their project be continued, postponed, or otherwise delayed for any reason. Such requests must be made in writing to the Community Development prior to the scheduled Architectural Review Board meeting or may be made in public session at the Architectural Review Board meeting at which the project is being reviewed.
G. Architectural Review Board Action. After completing its review of the application and the information provided by the applicant, along with any input received from City staff or the general public, the Architectural Review Board must make a determination of whether to issue a Certificate of Appropriateness within forty-five (45) days of the initial meeting date for the application. If the Architectural Review Board denies the Certificate of Appropriateness, it must provide specific reasons for the denial in writing to the applicant. When such approvals are granted for projects being reviewed by the Planning Commission and/or the Board of Zoning Appeals, the approval of the Certificate of Appropriateness must be made subject to the approval of the project and/or zoning variances by the Planning Commission and/or Board of Zoning Appeals.
H. Appeal. An applicant may appeal any decision of the Architectural Review Board to Kent City Council within thirty (30) days of the date of the Architectural Review Board decision. The appeal will be scheduled before Kent City Council with sufficient time allotted for review and public notice. The applicant will be notified of the tentative meeting date at the time the appeal is filed. The application for appeal must state the reason(s) for the appeal and the requested resolution should Kent City Council decide to overturn the Architectural Review Board's decision.
I. Re-Application.
Any applicant who has been denied a Certificate of Appropriateness by the Architectural Review Board may not submit a new application for the same parcel until the Community Development Director determines that at least one of the following four conditions has been met:
• The expiration of one (1) year or more from the date of such denial;
• Newly discovered evidence;
• A substantial change in conditions surrounding the property; or
The Community Development Director's determination of whether one (1) (or more) of the four (4) conditions will be based upon the application and viewed in the context of the Architectural Review Board's denial.
J. Issuance of Permits. Projects which do not require Planning Commission or Board of Zoning Appeals approval must obtain their Certificate of Appropriateness (when a Certificate of Appropriateness is required) before a Zoning Permit and/or Building Permit is issued.
K. Certificate of Appropriateness Decisions are Binding. Certificates of Appropriateness and conditions attached to a Certificate of Appropriateness are binding on City staff and the City's Boards and Commissions unless it can be demonstrated that they conflict with applicable building and zoning code requirements, or unless variances to those other requirements have been requested by the applicant and granted by the appropriate authority.
L. Penalties. The following provisions for penalties apply to violations pertaining to the provisions of this Section, the applicable Design Guidelines (Section 1104.01), or the conditions of a Certificate of Appropriateness which is issued for a project.
Violation Order. If any provisions of this Section or Section 1104.01
are being violated, all work must cease upon notification and no work will be performed except to correct the violation. Any violation is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
, as amended.
(Ord. 2021-057. Passed 6-16-21.)
1112.01 ZONING CODE AMENDMENT PROCEDURES.
(a) City Council May Amend. Council may amend by ordinance the number, shape, and/or area of districts on the Zoning Districts Map as well as any part of the written regulations set forth within the text of this Code.
(b) Initiation of Amendment. Amendments to the zoning text and/or the Zoning Districts Map of this Code may be initiated by:
(1) Motion of the Planning Commission;
(2) Adoption of a resolution by the Board of Zoning Appeals (with certification to the Planning Commission);
(3) Adoption of a resolution by City Council (with certification to the Planning Commission);
(4) Filing of an application to City Council by one (1) or more property owners within the area proposed to be changed or affected by the proposed amendment to the Zoning Code; or
(5) Recommendation by City staff.
(c) Contents of Application for Amendment. Applications for amendments to this Code must include the following, as applicable:
(1) All Zoning Code Amendment Applications. For all applications, regardless of whether they are text amendments or zoning map amendments:
A. If application is initiated under Section 1112.01(b)(4), application must be submitted on forms made available by the Community Development Department.
C. Any and all information required by the Community Development Department and this Section of the Zoning Code.
(2) Zoning Map Amendment Applications. In addition to the requirements set forth in Section 1112.01
(c)(1), for applications involving the amendment of the City's Zoning Map including the amendment of zoning district boundary lines and/or the creation of new zoning districts:
A. If the applicant is not the owner of the property/properties to be rezoned, and if the application is initiated under Section 1112.01
(b)(4), the applicant must provide evidence of written authorization from the property owner(s) of the properties involved in the amendment that they have been authorized to pursue the map amendment or change on behalf of the property owner(s).
B. A clear delineation on a map showing property lines, tax map, survey, or other document which describes the parcel(s) to be included in the proposed amendment.
C. A written description of the proposed amendment, including a specific indication of how the zoning map is to be amended, including but not limited to a description of the current zoning classification(s) of the properties to be amended, the proposed classification(s) of the properties to be amended, and how the proposed rezoning does not constitute "spot" zoning.
D. A written description of how the proposed amendment is consistent with the recommendations, goals, policies and objectives of the most recent Comprehensive Plan as well as how the proposed change is beneficial to the subject property/properties, how the proposed change is beneficial to the City and surrounding neighborhood, and how the proposed change will not negatively impact the surrounding neighborhood.
E. If the application is initiated under Section 1112.01
(b)(4), the Community Development Department will provide the names and addresses of property owners within 500 feet of the property lines of the property subject to the application and will mail the notification via certified mail. The Community Development Department must be reimbursed for this expense by the applicant.
(3) Text Amendment Applications. In addition to the requirements set forth in Section 1112.01
(c)(1), for applications involving the amendment of the text of this Code, including amendments to existing chapters or the creation of new chapters, sections, and sub-sections:
A. A statement of the proposed text change in the regulations set forth in this Code. This statement should reference the specific Section(s) of the existing Code which are proposed to be amended along with the proposed wording to be added, modified, or deleted as part of the amendment.
B. A written description of how the proposed amendment is consistent with the recommendations, goals, policies, and objectives of the most recent Comprehensive Plan as well as how the proposed change is beneficial to the City and other land uses within the City.
(d) Action by Planning Commission. Upon its own initiative or upon initiation of an application for amendment as provided in Section 1112.01
(b), the Planning Commission must consider the proposed amendment along with any supporting documentation provided by the applicant both in writing and in written or oral testimony provided at the public hearing for the proposed amendment. The Commission must also consider any other written or oral testimony presented during the public hearing, as well as any written documents submitted to the City prior to the public hearing which are related to the proposed amendment. The public hearing must be conducted in the following manner:
(2) Recommendation. Within twenty (20) days of the public hearing, the Planning Commission must make its recommendation on the proposed amendment. In no case may the Commission be allowed more than sixty (60) days from the date of hearing, or a time period acceptable to the parties involved, to render such a recommendation. All recommendations, regardless of their content, must be submitted to City Council in writing. No amendment may be acted upon by City Council until the Commission has submitted its report and recommendation to City Council. See Section 1111.02
(d)(4)B..
(e) Action by City Council. Upon receipt of a recommendation from the Planning Commission, City Council must consider the proposed zoning amendment application together with any supporting documentation forming a part of or referred to in such proposed amendments.
(1) Public Hearing. The Clerk of Council must, upon receipt of such recommendation from the Planning Commission regarding the proposed amendment, set a time for a public hearing on such proposed amendment which date must not be more than sixty (60) days from the date of the receipt of such recommendation from the Planning Commission. Refer to Section 1111.01
(b).
(2) Access to Records. The file containing all information related to the application for amendment will be made available for public examination by the City of Kent Community Development Department.
(3) Action by Council. Within sixty (60) days after the public hearing, City Council must approve or deny the proposed amendment by a majority vote. Any vote that is less than a majority for approval is deemed as denial of the application. If the amendment adopted by City Council violates, differs from, or departs from the recommendation submitted by the Planning Commission, the amendment will only take effect if it is approved by at least three-fourths (3/4) of the membership of Council.
(f) Standards of Review for amendment by Planning Commission. In consideration of any application for a text and/or map amendment to this Code, the Planning Commission must approve or deny the amendment based upon the following criteria:
(1) Comprehensive Plan. Consistency with the recommendations, goals, policies and objectives of the most recent Comprehensive Plan. If conditions have changed since the Plan was adopted, consistency with recent development trends in the area must be considered.
(2) Purpose of the Code. Consistency with the basic purpose of this Zoning Code.
(3) Street System. The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.
(4) Utilities and Services. The capacity of the City's utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety, and welfare of the City.
(5) Changed Conditions Since the Zoning Code Was Adopted or Errors to the Zoning Code. That conditions have changed since the Code was adopted or there was an error in the Code that justifies the amendment.
(6) No Exclusionary Zoning. That the amendment will not be expected to result in exclusionary zoning.
(7) Environmental Features. If a zoning amendment is requested, compatibility of the site's physical, geological, hydrological, and other environmental features with the uses permitted in the proposed zoning district.
(8) Relationship to Surrounding Zoning Districts. If a zoning amendment is requested, the boundaries of the requested amended zoning district must be reasonable in relation to surrounding zoning districts, and construction on the site will be able to meet the dimensional regulations for the requested zoning district. The Planning Commission may consider all nearby properties, including properties outside the jurisdiction of the City of Kent.
(9) Isolated or Incompatible Zone Prohibited. If a zoning amendment is requested, the requested change must not create an isolated zone in the neighborhood.
(10) Any other factor deemed relevant by the Planning Commission.
(g) Standards of Review for Amendment by City Council. In consideration of any application for a text and/or map amendment to this Code, City Council is not limited to any specific criteria and must vote to approve or deny the amendment based upon the best interests of the City of Kent. (Ord. 2021-057. Passed 6-16-21.)
1113.01 ENFORCEMENT.
The provisions of this Code will be administered and enforced by the Community Development Department.
(Ord. 2021-057. Passed 6-16-21.)
1113.02 REMEDY FOR VIOLATION.
Except when specifically limited by this Code, the Law Director may institute any and all appropriate actions including, but not limited to, requesting injunctions or issuing civil offenses against any landowner or land user that is or proposes to be in violation of this Code or amendments thereto in order to encourage compliance.
(Ord. 2021-057. Passed 6-16-21.)
1113.03 VIOLATIONS OF CONDITIONS.
Any violation of the conditions under which the permit for any use, any variance, or regulated use is granted will invalidate the permit.
(Ord. 2021-057. Passed 6-16-21.)
1113.04 LAPSE OF APPROVAL.
Any approval given by the Planning Commission and/or Board of Zoning Appeals which is not used or if work is not started within twenty-four (24) months, will cease to be in effect and resubmission of a new application will be required.
(Ord. 2021-057. Passed 6-16-21.)
1113.05 PENALTY.
Zoning violations are subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13, as amended.
(Ord. 2021-057. Passed 6-16-21.)
0-0-0-38906
(Ord. 2023-091. Passed 12-20-23.)
