The following regulations shall apply to all Single-Family Low Density Districts (R1L), Single-Family Medium Density Districts (R1M), and Single-Family High Density Districts (R1H).

(Ord. 91-95. Passed 10-7-1996.)

   In the R1L, R1M, and R1H Districts, no building or premises shall be used or established which is designed, arranged, or intended for other than a single-family dwelling, adult family home, a cluster house development in compliance with the provisions of Section 1121.12, or a Planned Development in compliance with the provisions of Chapter 1156.

(Ord. 61-04. Passed 7-6-2004.)

 

   The following accessory uses shall be permitted when located on the same lot with a permitted principal use:

   (a)   A garage not to exceed 480 square feet in area or the requirement of Section 1121.09(c), whichever is greater but shall not exceed the requirements of Section 1121.09(d).

   (b)   Signs as regulated by Chapter 1151.

   (c)   A Type A home occupation, provided such use is clearly incidental to the principal use, pursuant to Chapter 1145.

   (d)   An unroofed patio deck not to exceed 300 square feet in area and forty-two (42) inches above grade. The rear yard depth requirement shall be not less than thirty (30) feet measured from the back of the deck regardless of the requirements of Section 1121.07.

   (e)   A family swimming pool, which complies with the standards of Section 1121.10(c) and Chapter 1721 of the Sanitary Code.

   (f)   A storage shed not to exceed eighty (80) square feet in area or which complies with the requirement of Section 1121.09(c), whichever is greater but shall not exceed the requirements of Section 1121.09(d), and ten (10) feet in height above grade Section 1121.05(b) notwithstanding.

   (g)   Fences and living fences as regulated by Chapter 1153.

   (h)   An arbor and/or trellis, provided that where located in a front yard the total length of such shall not exceed six (6) feet in width, four (4) feet in depth, and eight (8) feet in height.

   (i)   Gazebos and other decorative structures not to exceed forty (40) square feet in area.

   (j)   Antenna(s) and satellite dish antenna(s) provided they comply with the standards of Chapter 1157.

   (k)   Wireless telecommunication antenna(s) provided they comply with the standards of Chapter 1159.

(Ord. 07-2023. Passed 11-20-23.)

   If approved by the Commission pursuant to Section 1173.02, the following may be permitted as conditional uses provided that the standards and conditions hereinafter specified are met:

    (a)   Roomer, pursuant to Section 1161.03(q).

   (b)   Accessory Parking, pursuant to Section 1161.03(a).

   (c)   Re-use of an existing non-conforming structure, pursuant to Section 1161.03(o).

   (d)   A Type B home occupation, pursuant to Chapter 1145 and Section 1161.03(f).

   (e)   Wireless telecommunication antenna(s) pursuant to Section 1159.04(c)(2).

   (f)   Wind generation facility pursuant to Chapter 1160.

      (Ord. 12-11. Passed 5-2-2011.)

 

   (a)   No principal structure shall exceed thirty-five (35) feet in height above grade as determined by the Commissioner.

   (b)   No accessory structure, except an antenna, shall exceed fifteen (15) feet above grade as determined by the Commissioner.

(Ord. 91-95. Passed 10-7-1996.)

 

    Principal buildings and uses permitted in the R1L, R1M, and R1H Single-Family Districts shall be located only on a lot that complies with the lot area and frontage regulations set forth in Schedule 1121.06, unless otherwise specifically provided for elsewhere in this Code.

 

 

 

(Ord. 91-95. Passed 10-7-1996.)

 

     In the R1L, R1M, and R1H Single-Family Districts each zoning lot shall maintain the minimum front, side, and rear yard specified in Schedule 1121.07. Exterior steps leading to a main entrance of a principal building shall be excluded from the front yard requirement. An air conditioning unit with an ANSI/AHRI sound rating of less than 70 db shall be excluded from the side yard setback, provided that the unit is placed not closer than 24 inches from the property line, the unit is entirely serviceable without needing to enter onto the adjoining property, and screening of the unit is maintained. For existing principal buildings with side yards of less than those specified in Schedule 1121.07, an addition may be constructed provided that the new addition does not encroach into the existing side yard any further than the foundation sidewalls of the existing building. For existing principal buildings with side yards of less than those specified in Schedule 1121.07, an addition may be constructed provided that the new addition does not encroach into the existing side yard any further than the foundation sidewalls of the existing building.

(Ord. 15-15. Passed 9-21-2015.)

 

(Ord. 91-95. Passed 10-7-1996.)

 

    Off-street parking shall be provided, pursuant to Chapter 1143.

(Ord. 91-95. Passed 10-7-1996.)

 

    (a)   The principal structure shall not cover more than thirty-five percent (35%) of the lot area.

   (b)   Arbors, trellises, exterior steps, fences, and living fences shall be excluded from the lot coverage requirement.

   (c)   An accessory structure or structures shall not cover more than twenty-five percent (25%) of the area of the rear yard except as provided in Section 1121.03.

   (d)   The maximum lot coverage shall not exceed the following:

      (1)   Eighty-five percent (85%) in the R1H District;

      (2)   Seventy percent (70%) in the R1M District; and

      (3)   Sixty percent (60%) in the R1L District.

Ord. 07-2023. Passed 11-20-23.)

 

    (a)   Accessory structures constructed of wood, excluding family swimming pools, shall:

    An adult family home shall not be located within 1,000 feet, including a public or private right-of-way, of an existing adult family home.

(Ord. 91-95. Passed 10-7-1996.)

    (a)   Definition:

  

   (b)   Regulations:

      (1)   Only detached, single-family dwellings shall be erected.

      (2)   Minimum lot area per dwelling shall be as set forth in Schedule 1121.06; where a development lies in more than one (1) zoning district, the more restrictive minimum lot area requirement applies.

      (3)   Proper provisions shall be made for the ownership of all the land in the development to be in the name of the developer until such time as a sufficient number of dwellings are sold to permit the formation of a property owners association at which time the title to all of said land shall be transferred to such association. Membership in the property owners association shall be limited solely to the owners of the dwellings in the development.

      (4)   Covenants shall be included in the deed for each dwelling sufficient to ensure that the use of all the land will be consistent with the provisions of this Ordinance governing Cluster House Developments as well as to guarantee that all the land in the development, together with all improvements, facilities and services for the common use of all building owners in the development, will be kept in good maintenance and repair. Sewer and water lines beyond the curb shall be installed by the developer and maintained by the association, with separate water meters installed in each home.

      (5)   No dwelling or other structure shall be erected within thirty (30) feet of a side or rear boundary line of the parcel.

      (6)   No dwelling or other structure shall be erected within twenty (20) feet of another dwelling or structure.

      (7)   The building line for that portion of the development, which fronts on a public street, shall be not less than fifty (50) feet.

      (8)   A private drive in lieu of a public street shall be permitted provided that:

         A.   The development complies with the minimum lot area specified in paragraph (2) of this subsection (b);

         B.   The drive shall terminate in a court or circle having a minimum width or diameter of eighty (80) feet;

         C.   Such drive shall be constructed in accordance with specifications prescribed and approved by the Engineer;

         D.   Such drive shall be completed prior to the first occupancy of any home in the development; and

         E.   The property owners association for and on behalf of its members shall waive liability and hold the City harmless for any damage to the private drive which may, at any future time, be caused by City vehicles or other equipment using said drive to provide municipal services at the request of the property owners or their association.

            (Ord. 91-95. Passed 10-7-1996.)

    The following regulations shall apply to all structures in the Single- and Two-Family Residential Districts (R2).

(Ord. 91-95. Passed 10-7-1996.)

 

    In the R2 District no building or premises shall be used or established which is designed, arranged, or intended for other than a single-family dwelling, two-family dwelling, adult family home, a cluster house development in compliance with the provisions of Section 1123.12 or a Planned Development in compliance with the provisions of Chapter 1156.

(Ord. 61-04. Passed 7-6-2004.)

   The following accessory uses shall be permitted when located on the same lot with a permitted principal use.

   (a)   A garage not to exceed 480 square feet in area or the requirement of Section 1123.09(c), whichever is greater but shall not exceed the requirements of Section 1123.09(d).

   (b)   Signs as regulated by Chapter 1151.

   (c)   A Type A home occupation, provided such use is clearly incidental to the principal use, pursuant to Chapter 1145.

   (d)   An unroofed patio deck not to exceed 300 square feet in area and height not to exceed the first floor elevation above grade, Section 1123.05(b) notwithstanding. The rear yard depth requirement shall not be less than thirty (30) feet measured from the back of the deck regardless of the requirements of Section 1123.07.

   (e)   A family swimming pool, which complies with the standards of Section 1123.10(c) and Chapter 1721 of the Sanitary Code.

   (f)   A storage shed not to exceed eighty (80) square feet in area or which complies with the requirement of Section 1123.09(c), whichever is greater but shall not exceed the requirements of Section 1123.09(d), and ten (10) feet in height above grade, Section 1123.05(b) notwithstanding.

   (g)   Fences and living fences as regulated by Chapter 1153.

   (h)   An arbor and/or trellis, provided that where located in the front yard the total length of such shall not exceed six (6) feet in width, four (4) feet in depth and eight (8) feet in height.

   (i)   Gazebos and other decorative structures not to exceed forty (40) square feet in area.

   (j)   Antenna(s) and satellite dish antenna(s) provided they comply with the standards of Chapter 1157.

   (k)   Wireless telecommunication antenna(s) provided they comply with the standards of Chapter 1159.

(Ord. 07-2023. Passed 11-20-23.)

 

   If approved by the Commission pursuant to Section 1173.02, the following may be permitted as conditional uses provided that the standards and conditions hereinafter specified are met:

   (a)   Roomer, pursuant to Section 1161.03(q).

   (b)   Accessory parking, pursuant to Section 1161.03(a).

   (c)   Re-use of an existing non-conforming structure, pursuant to Section 1161.03(o).

   (d)   A Type B home occupation, pursuant to Chapter 1145 and Section 1161.03(f).

   (e)   Wireless telecommunication antenna(s), pursuant to Section 1159.04(c)(2).

   (f)   Wind generation facility, pursuant to Chapter 1160.

   (g)   Accessory dwelling units, pursuant to Section 1161.03(bb).

(Ord. 07-2023. Passed 11-20-23.)

    (a)   The principal structure shall not exceed thirty-five (35) feet in height above grade as determined by the Commissioner.

   (b)   An accessory structure, except an antenna, shall not exceed fifteen (15) feet in height above grade as determined by the Commissioner.

(Ord. 91-95. Passed 10-7-1996.)

 

    No lot shall be less than 5,000 square feet in area and less than forty (40) feet in width at the building line.

(Ord. 91-95. Passed 10-7-1996.)

 

    In the R2 District each zoning lot shall maintain the minimum front, side, and rear yard specified in Schedule 1123.07. Exterior steps leading to a main entrance of a principal building shall be excluded from the front yard requirement. An air conditioning unit with an ANSI/AHRI sound rating of less than 70 db shall be excluded from the side yard setback, provided that the unit is placed not closer than 24 inches from the property line, the unit is entirely serviceable without needing to enter onto the adjoining property, and screening of the unit is maintained. For existing principal buildings with side yards of less than those specified in Schedule 1123.07, an addition may be constructed provided that the new addition does not encroach into the existing side yard any further than the foundation sidewalls of the existing building.

(Ord. 15-15. Passed 9-21-2015.)

 

 

(Ord. 91-95. Passed 10-7-1996.)

 

    Off-street parking shall be provided, pursuant to Chapter 1143.

(Ord. 91-95. Passed 10-7-1996.)

 

    (a)   The principal building, including attached accessory dwelling units, shall not cover more than thirty-five percent (35%) of the lot area.

   (b)   Arbors, trellises, exterior steps, fences, and living fences shall be excluded from the lot coverage limitation.

   (c)   An accessory structure or structures shall not cover more than twenty-five percent (25%) of the area of the rear yard except as provided in Section 1123.03. Accessory dwelling units are not subject to this provision and instead are regulated by Section 1161.03(bb).

   (d)   The maximum lot coverage shall not exceed 85%.

(Ord. 07-2023. Passed 11-20-23.)

   (b)   Accessory structures having masonry walls without openings and roof projections on the property line side of the structure may be set back from the rear property line and one (1) side line not less than six (6) inches.

   (c)   No family swimming pool or family wading pool, as those terms are defined in Section 1722.02, shall be located in any front yard or side yard, and no family swimming pool or family wading pool shall be located closer than five (5) feet to the side or rear property line of the lot upon which it is situated. The Commissioner may grant a variance to the five (5) foot side and/or rear line requirement for portable family swimming pools, as that term is defined in Section 1722.02, provided that written consent from each abutting property owner is filed with the application for variance.

(Ord. 32-16. Passed 9-6-2016.)

    An adult family home shall not be located within 1,000 feet, including a public or private right-of-way, of an existing adult family home.

(Ord. 91-95. Passed 10-7-1996.)

    (a)   Definition:

 

   (b)   Regulations:

      (1)   Only detached, single-family dwellings shall be erected.

      (2)   There shall be no more than one (1) dwelling per 5,000 square feet of land area.

      (3)   Proper provisions shall be made for the ownership of all the land in the development to be in the name of the developer until such time as a sufficient number of dwellings are sold to permit the formation of a property owners association at which time the title to all of said land shall be transferred to such association. Membership in the property owners association shall be limited solely to the owners of the dwellings in the development.

      (4)   Covenants shall be included in the deed for each dwelling sufficient to ensure that the use of all the land will be consistent with the provisions of this Ordinance governing Cluster House Developments as well as to guarantee that all the land in the development, together with all improvements, facilities and services for the common use of all building owners in the development, will be kept in good maintenance and repair. Sewer and water lines beyond the curb shall be installed by the developer and maintained by the association, with separate water meters installed in each home.

      (5)   No dwelling or other structure shall be erected within thirty (30) feet of a side or rear boundary line of the parcel.

      (6)   No dwelling or other structure shall be erected within twenty (20) feet of another dwelling or structure.

      (7)   The building line for that portion of the development which fronts on a public street shall be as shown on the Building Line Map.

      (8)   A private drive in lieu of a public street shall be permitted provided that:

         A.   The development complies with the minimum lot area specified in paragraph (2) of this subsection (b);

         B.   The drive shall terminate in a court or circle having a minimum width or diameter of eighty (80) feet;

         C.   Such drive shall be constructed in accordance with specifications prescribed and approved by the Engineer;

         D.   Such drive shall be completed prior to the first occupancy of any home in the development; and

         E.   The property owners association for and on behalf of its members shall waive liability and hold the City harmless for any damage to the private drive which may, at any future time, be caused by City vehicles or other equipment using said drive to provide municipal services at the request of the property owners or their association.

            (Ord. 91-95. Passed 10-7-1996.)

    The following regulations shall apply to all lots in the Lagoon (L) District.

(Ord. 91-95. Passed 10-7-1996.)

 

    In the Lagoon District no building or premises shall be used or established which is designed, arranged, or intended for other than a single-family dwelling and/or boat storage facility. For the purposes of this section, “boat storage facility” shall mean a dock, platform or any other means of boat dockage, whether or not enclosed.

    The following uses are prohibited: commercially operated boat storage, rental, sales or service; boat stacking systems; food sales; and the dispensing, storage, or sales of gasoline or other fuels.

(Ord. 91-95. Passed 10-7-1996.)

    The following accessory uses shall be permitted when located on the same lot or parcel with a permitted principal use:

    (a)   A garage not to exceed 400 square feet in area or the requirements of Section 1125.09, whichever is greater.

   (b)   Signs as regulated by Chapter 1151.

   (c)   A Type A home occupation provided such use is clearly incidental to the principal use and complies with the requirements of Chapter 1145.

   (d)   An unroofed patio deck not to exceed 240 square feet in area and forty-two (42) inches above grade, Sections 1125.04(b) and 1125.10(b) notwithstanding.

   (e)   A family swimming pool, which complies with the standards of Section 1125.10(b) and Chapter 1721 of the Sanitary Code.

   (f)   A storage shed not to exceed forty (40) square feet in area and ten (10) feet in height above grade or the requirements of Section 1125.04(b) and Section 1125.09. 

   (g)   Fences and decorative fences as regulated by Chapter 1153.

   (h)   An arbor and/or trellis, provided that where located in a front yard the total length of such shall not exceed six (6) feet in width, four (4) feet in depth and eight (8) feet in height.

   (i)   Gazebos and other decorative structures not to exceed forty (40) square feet in area, Section 1125.10(b) notwithstanding.

   (j)   Antenna(s) and satellite dish antenna(s) provided they comply with the standards of Chapter 1157.

   (k)   Wireless telecommunication antenna(s) provided they comply with the standards of Chapter 1159.

   (l)   The parking of boat trailers in the yard area shall not be deemed an accessory use and is prohibited.

   (m)   Wind generation facility pursuant to Chapter 1160.

      (Ord. 73-08. Passed 9-2-2008.)

 

    (a)   In the L District no structure shall exceed thirty-five (35) feet in height above the curb level of the street on which it fronts. If there is a different elevation on each side of the lot, a mean elevation shall be used in measuring maximum height of the structure. All structures shall also comply with the Flood Plain Regulations in accordance with Chapter 1308 of the Building Code (Flood Damage Prevention) or as it may be amended from time to time. The permitted height of a structure shall be measured from the curb level regardless of the floor elevation of the structure pursuant to the provisions of the Flood Damage Prevention Code.

 

   (b)   No accessory structure, except an antenna, shall exceed fifteen (15) feet above grade as determined by the Commissioner.

(Ord. 91-95. Passed 10-7-1996.)

    No lot shall be less than 2,400 square feet in area and less than twenty-five (25) feet in width at the building line.

(Ord. 91-95. Passed 10-7-1996.)

     There are no minimum side and rear yard requirements for the principal building.

(Ord. 91-95. Passed 10-7-1996.)

 

    Front yard shall be as established by the Building Line Map. Exterior steps leading to a main entrance of a principal building shall be excluded from the front yard requirement.

(Ord. 91-95. Passed 10-7-1996.)

    Off-street parking shall be provided, pursuant to Chapter 1143. The front yard may be used for off-street parking.

(Ord. 91-95. Passed 10-7-1996.)

 

   (b)   Arbors, trellises, and exterior steps shall be excluded from the lot coverage requirement.

   (c)   An accessory structure or structures shall not cover more than twenty-five percent (25%) of the rear yard area except as provided in Section 1125.03(a).

(Ord. 91-95. Passed 10-7-1996.)

    (a)   Accessory structures shall be constructed of non - combustible material equivalent to a two-hour fire rating for wall and ceiling construction and shall not be constructed within three (3) feet of a side or rear property line.

   (b)   No family swimming pool or family wading pool, as those terms are defined in Section 1722.02, shall be located in any front yard or side yard, and no family swimming pool or family wading pool shall be located closer than ten (10) feet to the side or rear property line of the lot upon which it is situated. Tire Commissioner may grant a variance to the ten (10) foot side and/or rear line requirement for portable family swimming pools, as that term is defined in Section 1722.02, provided that written consent from each abutting property owner is filed with the application for variance.

(Ord. 32-16. Passed 9-6-2016.)

    The following regulations shall apply to all Multiple-Family, Low Density Districts (ML), and Multiple-Family, High Density Districts (MH).

(Ord. 91-95. Passed 10-7-1996.)

 

    (a)   In the ML District no building or premises shall be used or established which is designed, arranged, or intended for other than a low density multiple-family residential building, a single- or two-family dwelling, adult family home, adult group home, or cluster house development.

   (b)   In the MH District no building or premises shall be used or established which is designed, arranged, or intended for other than a medium density multiple-family residential building, a low density multiple-family residential building, a single- or two-family dwelling, adult family home, adult group home, or cluster house development.

(Ord. 91-95. Passed 10-7-1996.)

   (c)   A single- or two-family dwelling in the ML and MH Districts shall meet all the requirements of the R2 District. Cluster house developments in the ML and MH Districts shall meet all the requirements of Section 1121.12. 

 

   (d)   A Planned Development may be permitted in the MH District provided that the regulations in Chapter 1156 and all other provisions of the Ordinances and this Code have been met.

(Ord. 61-04. Passed 7-6-2004.)

   The following accessory uses shall be permitted when located on the same lot with a permitted principal use:

    (a)   Private garages to house passenger motor vehicles of the occupants of the principal building.

   (b)   Signs as regulated by Chapter 1151.

   (c)   A Type A home occupation provided such use is clearly incidental to the principal use and complies with the requirements of Chapter 1145. (Professional, medical, or general business offices permitted pursuant to Section 1127.04(c) shall not be considered an accessory use in the ML and MH Districts.)

   (d)   An unroofed patio deck not to exceed 300 square feet in area and forty-two (42) inches above grade; the rear yard depth requirement shall be not less than thirty (30) feet measured from the back of the deck, the requirement of Schedules 1127.03 and 1127.07 notwithstanding.

   (e)   A swimming pool, which complies with the standards of Section 1127.10(c) and Chapter 1721 of the Sanitary Code.

   (f)   A storage shed not to exceed 120 square feet in area and ten (10) feet in height above grade or the requirements of subsection 1127.09(c), whichever is greater.

   (g)   Fences and living fences as regulated by Chapter 1153.

      (Ord. 91-95. Passed 10-7-1996.)

   (h)   An arbor and/or trellis, provided that where located in a front yard the total length of such shall not exceed six (6) feet in width, four (4) feet in depth, and eight (8) feet in height.

      (Ord. 24-98. Passed 5-18-1998.)

   (i)   Gazebos and other decorative structures not to exceed 120 square feet in area, Section 1127.09(c) notwithstanding.

      (Ord. 91-95. Passed 10-7-1996.)

   (j)   Antenna(s) and satellite dish antenna(s) provided they comply with the standards of Chapter 1157.

   (k)   Wireless telecommunication antenna(s) provided they comply with the standards of Chapter 1159.

      (Ord. 24-98. Passed 5-18-1998.)

 

 

(Ord. 91-95. Passed 10-7-1996.)

 

    If approved by the Commission pursuant to Section 1173.02, the following may be permitted as conditional uses provided that the standards and conditions hereinafter specified are met:

    (a)   Restaurant, convenience food shops or delicatessens, and barber and beauty shops, pursuant to Section 1161.03(d).

      (Ord. 52-10. Passed 9-20-2010.)

   (b)   Places of Worship, pursuant to Section 1161.03(m).

   (c)   Professional, medical, and general business offices, pursuant to Section 1161.03(n).

   (d)   Type A Child Day-Care, pursuant to Section 1161.03(e).

   (e)   Parking facilities, including surface parking lots and parking garages of up to three (3) stories in height, pursuant to Section 1161.03(l), provided that any structure complies with all other provisions of this Chapter and the Ordinances.

   (f)   Wireless telecommunication antenna(s), pursuant to Section 1159.04(c)(2).

   (g)   Mixed Use Overlay District, pursuant to Chapter 1135.

   (h)   Bed and Breakfast Establishment, pursuant to Section 1161.03(c).

      (Ord. 73-08. Passed 9-2-2008.)

   (i)   Wind generation facility, pursuant to Chapter 1160.

      (Ord. 52-10. Passed 9-20-2010.)

    The height of a multiple-family residential structure shall be controlled by its side yards.

(Ord. 91-95. Passed 10-7-1996.)

 

    (a)   Principal buildings and uses permitted in the ML and MH Multiple-Family Districts shall be located only on a lot that complies with the lot area and frontage regulations set forth in Schedule 1127.06, unless otherwise specifically provided for elsewhere in this Code.

   (b)   The lot area in Schedule 1127.06 may be reduced by up to ten percent (10%) if all required parking spaces are enclosed or if at least seventy-five percent (75%) of all required spaces are located underground.

(Ord. 91-95. Passed 10-7-1996.)

          

    In the ML and MH Multiple-Family Residential Districts each lot shall maintain the minimum front, side, and rear yard specified in Schedule 1127.07. Exterior steps leading to a main entrance of a principal building shall be excluded from the front yard requirement. For existing principal buildings with side yards of less than those specified in Schedule 1127.07, an addition may be constructed provided that the new addition does not encroach into the existing side yard any further than the foundation sidewalls of the existing building.

(Ord. 24-98. Passed 5-18-1998.)

 

(Ord. 91-95. Passed 10-7-1996.)

     Off-street parking as regulated by Chapter 1143.

(Ord. 91-95. Passed 10-7-1996.)

    (a)   The principal structure including decks, patios, etc., shall not cover more than twenty percent (20%) of the lot area in the ML District and twenty-five percent (25%) of the lot area in the MH District.

   (b)   Arbors, trellises, exterior steps, fences, and living fences shall be excluded from the lot coverage requirement.

   (c)   An accessory structure or structures shall not cover more than thirty percent (30%) of the area of the rear yard except as provided in Section 1127.03. 

(Ord. 91-95. Passed 10-7-1996.)

   (a)   Accessory structures constructed of wood, excluding swimming pools and decorative structures, shall not be located within three (3) feet of a side or rear property line.

   (b)   Accessory structures having masonry walls without openings and roof projections on the property line side of the structure may be set back from the rear property line and one (1) side line not less than two (2) feet.

   (c)   No family swimming pool or family wading pool, as those terms are defined in Section 1722.02, shall be located in any front yard or side yard, and no family swimming pool or family wading pool shall be located closer than fifteen ( 15) feet to the side or rear property line of the lot upon which it is situated.

(Ord. 39-16. Passed 9-6-2016.)

   An adult family home or an adult group home shall not be located within 1,000 feet, including a public or private right-of-way, of an existing adult family home or an adult group home.

(Ord. 91-95. Passed 10-7-1996.)

    Commercial District regulations are established to ensure the availability of suitable areas for business and commercial uses while at the same time promoting the most desirable and beneficial use of land that will stabilize and protect the character and value of the residential neighborhoods within the City. Four (4) commercial zoning districts have been established to meet the needs of the community.

(Ord. 87-04. Passed 11-1-2004.)

   (a)   The C1 Office District has a limited application within the Central Business District of the City. This district seeks to preserve and protect the general character of the area and to allow for expansion around the core as dictated by market conditions.

   (b)   The C2 Retail District is established to provide standards for the continued operation of small commercial establishments. This district would permit those retail uses that typically locate side by side to create a shopping environment that encourages pedestrian interaction between stores and where stores thrive on being adjacent to other retail uses.

   (c)   The C3 General Business District is established to provide for commercial uses that generally require independent, freestanding buildings, larger parking areas, and may have unique traffic patterns because of such factors as drive-in facilities.

      (Ord. 91-95. Passed 10-7-1996.)

   (d)   The C4 Public School District is limited to property within the City that is owned by the Lakewood Board of Education at the time of adoption of this Ordinance. This district seeks to preserve and protect the general character of the area and to allow for development and redevelopment of these properties. Any property designated as a C4 Zoning District shall retain its zoning designation should the Board of Education transfer ownership. Any property located in the C4 Zoning District that is not in compliance with the regulations as set forth in Schedule 1129.05 requires an amendment to the Zoning Map pursuant to Section 1105.02 prior to transfer.

(Ord. 87-04. Passed 11-1-2004.)

    Unless otherwise provided by law or in this Code, buildings, structures or land shall only be used or occupied following the adoption of this Code for the uses permitted herein. Schedule 1129.02 enumerates those uses that may locate in a C1 Office, C2 Retail, C3 General Business, and C4 Public School District as a matter of right as a principal use and those uses which may locate in a given district upon obtaining a Conditional Use Permit.

   (a)   A use listed in Schedule 1129.02 shall be permitted by right in a district when denoted by the letter “P,” provided that all provisions of the Ordinances and this Code have been met.

   (b)   A use listed in Schedule 1129.02 may be permitted as a conditional use in a district when denoted by the letter “C,” provided that the regulations in Chapters 1161 and 1173, and all other provisions of the Ordinances and this Code have been met.

      (Ord. 91-95. Passed 10-7-1996.)

   (c)   Any use listed in Schedule 1129.02 as a permitted or conditionally permitted use may be permitted in a Planned Development, provided that the regulations in Chapter 1156, and all other provisions of the Ordinances and this Code have been met.

   (d)   Any use listed in Schedule 1129.02 as a permitted or conditionally permitted use in the base zones of the Mixed Use Overlay District (MUOD) may be permitted as a conditional use in a MUOD, provided that the regulations in Chapter 1135, and all other provisions of the Ordinances and this Code have been met.

(Ord. 61-04. Passed 7-6-2004.)

 

1   As regulated by Chapter 1127.

2    Use is limited to the ground floor of the structure.

3   Permitted only as an accessory use and limited to the ground floor level.

4    Reference Sections 1103.02(o), 1103.02(tt) and 1103.02(uu), and Section 1129.15 herein.

5    As regulated by Chapter 1163 and Chapter 777.

6    Reference Section 1103.02(i), or Chapter 1163.

7   Use shall be limited to Detroit Avenue and/or Madison Avenue as regulated by Chapters 1156 and 1161.

8   Reference Sections 1129.17 and 1161.03(y).

9   As regulated by Chapter 1165 and Chapter 779.

   (Ord. 31-17. Passed 11-20-2017; Ord. 32-17. Passed 10-2-2017; Ord. 42-2023. Passed 6-3-24.)

    The following accessory uses are permitted in association with and subordinate to a permitted or conditionally permitted use in the C1, C2, C3, or C4 Commercial Districts subject to the regulations of Section 1129.04.

(Ord. 87-04. Passed 11-1-2004.)

   (a)   Signs as permitted and regulated by Chapter 1329 of the Building Code.

   (b)   All accessory uses permitted within a Multiple-Family District in connection with permitted multiple-family dwellings as regulated in Chapter 1127.

      (Ord. 91-95. Passed 10-7-1996.)

    Accessory uses buildings and structures permitted in the C1, C2, C3, or C4 Commercial Districts shall conform to the regulations of this Section.

(Ord. 87-04. Passed 11-1-2004.)

    (a)   Off-Street Parking Lots. Off-street parking spaces in a parking lot may be located on the same lot as the principal use service or may be located on a separate lot in accordance with Chapter 1143.

   (b)   Location of Accessory Buildings. Accessory buildings shall be located in a rear yard, and may be located in a side yard that is in compliance with the yard regulations for principal uses set forth in Schedule 1129.06. 

      (Ord. 91-95. Passed 10-7-1996.)

   (c)   Wireless Telecommunication Antenna(s). The installation of a wireless telecommunication antenna(s) provided they comply with the standards of Chapter 1159.

      (Ord. 24-98. Passed 5-18-1998.)

    Principal buildings and uses permitted in the C1, C2, C3, and C4 Commercial Districts shall be located only on a lot that complies with the lot area and frontage regulations set forth in Schedule 1129.05, unless otherwise specifically provided for elsewhere in this Code.

 

 

(Ord. 87-04. Passed 11-1-2004.)

    In C1, C2, C3, and C4 Commercial Districts, each zoning lot shall maintain the minimum front, side and rear yard specified in Schedule 1129.06, except as otherwise provided for in this Section. Each yard shall be unobstructed by a principal use, including outdoor storage of goods, supplies and equipment as permitted in this Section, or a principal building, except as otherwise provided in this Code. Such areas, together with all other portions of the zoning lot not covered by permitted structures, shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition so as to assure adequate screening of parking and loading areas, as well as absorption of rainfall.

 

1    On a corner lot the side street yard shall be five (5) feet.

2    May be reduced to five (5) feet if a wall or fence with adequate landscape screening is provided.

3    Roof exhausts must be ten (10) feet from property line.

(Ord. 12-11. Passed 5-2-2011.)

    In the C1 Office, C2 Retail, C3 General Business, and C4 Public School District the height of a principal structure shall not exceed 120 feet; the height of an accessory structure shall not exceed twenty (20) feet, unless otherwise specified in this Code.

(Ord. 91-95. Passed 10-7-1996.)

 

    Off-street parking shall be provided, pursuant to Chapter 1143.

(Ord. 91-95. Passed 10-7-1996.)

    In addition to the above regulations, gasoline stations permitted in a C3 General Business District shall comply with the following standards. Conditionally permitted gasoline stations in the C2 Retail Business District shall also comply with the regulations for conditional uses set forth in Chapter 1161.

   (a)   Gasoline stations located on a corner lot shall have not less than 100 feet frontage on each of the two (2) intersecting streets.

   (b)   Fuel pumps may be erected in a front yard but not less than twenty-five (25) feet from the public right-of-way.

   (c)   A landscaped area at least five (5) feet wide shall be provided on private property adjacent to the public sidewalk areas, except where interrupted by driveways.

   (d)   A canopy may be constructed over the pump island provided the canopy shall be no closer than fifteen (15) feet to the right-of-way.

   (e)   The only services permitted to be performed on a vehicle shall be the dispensing of fuel, oil, air and other motor vehicle fluids.

   (f)   The location, display or storage of rental trailers, automobiles, trucks or other rental equipment on the premises is not permitted.

   (g)   No merchandise, except fluids normally associated with the operation of a motor vehicle (e.g.: oil and windshield washer fluid), may be displayed outside the principal structure.

   (h)   Except while being serviced at a pump island, no vehicles shall be parked between the pump setback line and the front property line; nor on a corner lot shall any vehicles be parked between the pump setback line and the property line on either of the intersecting streets.

   (i)   No junk or unlicensed motor vehicles will be permitted to remain on gasoline station property outside the principal structure for more than forty-eight (48) hours.

   (j)   All outdoor wiring, including electrical and telephone wiring, shall be installed underground, excluding utility services.

   (k)   Locations where such use abuts a residential district or use shall provide landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141; said landscaped area shall be not less than ten (10) feet wide.

      (Ord. 91-95. Passed 10-7-1996.)

    In addition to the above regulations, business establishments for motor vehicle sales, new or new and used, or automobile leasing permitted in a C3 General Business District shall comply with the following standards. Conditionally permitted establishments in the C2 Retail Business District shall also comply with the regulations set forth in Title Five.

    (a)   The sale and/or lease of new motor vehicles as a principal use shall be conducted by a dealer who is subject to a franchise agreement principally for the sale of new motor vehicles. The sale and/or lease of used motor vehicles may be permitted as an accessory use to such principal use; such accessory use may be located on a lot other than the lot on which the principal use is located. The sale of used motor vehicles is not a permitted principal use.

   (b)   The service garage, leasing department and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of automobiles provided these activities are conducted in a wholly enclosed building.

   (c)   Only repair of motor vehicles customarily associated with new motor vehicle sales shall be permitted, and shall be conducted inside a suitable building.

   (d)   No motor vehicle not available for sale or lease, or any junk or inoperative motor vehicle may be stored so as to be visible from the public right-of-way for more than a twenty-four (24) hour period.

   (e)   All outdoor wiring, including electrical and telephone wiring, shall be installed underground, excluding utility services.

   (f)   Locations where such use abuts a residential district or use shall provide landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141; said landscaped area shall be not less than ten (10) feet wide.

      (Ord. 91-95. Passed 10-7-1996.)

   Off-street parking decks and parking garages may be located on the same lot as the principal use, or may be located on a separate lot in accordance with Section 1143.06, and shall comply with the following standards:

    (a)   All parking decks and parking garages shall be approved by the Architectural Board of Review;

   (b)   A parking deck or parking garage shall comply with the yard requirements for a principal use specified in Schedule 1129.06 except that open parking decks and open garages in which vehicles are visible from the street shall be located not less than the distance dictated by adjoining structures or in their absence as established by the Building Line Map.

      (Ord. 91-95. Passed 10-7-1996.)

    (a)   No dwelling units shall be on the ground floor.

    (b)   No dwelling units shall be on the same floor as another permitted use.

   (c)   In a building having dwelling units and other permitted uses, the other permitted uses shall be limited to the ground floor and consecutive floors.

(Ord. 91-95. Passed 10-7-1996.)

(Ord. 70-07. Passed 3-2-09.)

   (b)   A conditionally permitted outdoor dining facility shall comply with the following regulations and those for conditional uses set forth in Chapter 1161.

      (1)   Outdoor/seasonal dining is used in conjunction with, and is under the same management and exclusive control of, a restaurant, bar, tavern or nightclub located on the same or contiguous property;

      (2)   Carry out food establishments may be issued a permit for an outdoor/ seasonal dining facility, with a maximum of eight outdoor seats, at the discretion of the Commissioner without the necessity of a conditional use determination by the Commission, subject to the provisions of Section 1161.03(t) as determined to be applicable by the Commissioner.

(Ord. 33-2022. Passed 11-21-22.)

    (a)   24-Hour Operation - means a store or any other place of business operating consecutively for twenty-four (24) hours.

   (b)   Any store or other place of business, including but not limited to all permitted or conditionally permitted uses in the C1 Office, C2 Retail, C3 General Business, and C4 Public School District outlined in Section 1129.02 herein, having an entrance, exit, parking lot, loading dock, trash enclosure, or show window within 250 feet of any single-family, two-family, or multiple-family residential district, shall only be permitted 24-hour operation as a conditionally permitted use.

(Ord. 87-04. Passed 11-1-2004.)

   (c)   Any store or other place of business which is subject to regulation pursuant to subsection (a) above and is also operating under a valid permit to sell or serve alcoholic beverages, as issued by the State of Ohio pursuant to Title 43 of the Ohio Revised Code, shall be exempt from the provisions of this Chapter only to the extent necessary to avoid conflict between the regulations herein and State law governing such liquor permit holders, provided further that nothing in the provisions of the Chapter shall be construed to sanction or permit the sale or service of alcoholic beverages in violation of State law.

   (d)   For purposes of this Chapter, the terms “store or other place of business” shall not be construed to include hospitals and emergency medical centers, regardless of their location in relation to any residential district, and are therefore exempt from the provisions of this Chapter.

   (e)   A conditionally permitted 24-hour operation shall comply with the regulations set forth within this Chapter and those in Chapter 1161.

   (f)   When a request for a conditional use is applied for under the provisions of this section, notice indicating the time, place and subject of the Planning Commission public hearing held pursuant to subsection 1171.03(f) shall be sent by regular mail to the owners of all properties within a minimum of a 500 foot radius of the subject property. Such conditional use request shall also be subject to the notice procedures as set forth in subsection 1173.02(c).

(Ord. 40-00. Passed 7-17-2000.)

    Conditions applicable to certain businesses carrying adult media.

    (a)   Applicability: This section shall apply to any book store, media store, or video store, in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade, or where adult media occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.

   (b)   Prohibition of Public Display: The owner or operator of a store to which this section is applicable shall have the affirmative duty to prevent the public display of adult media at or within the portion of the business open to the general public.

   (c)   Display of Adult Media: Adult media in a store shall be kept in a separate room or section of the store, which room or section shall:

      (1)   Not be open to any person under the age of eighteen (18);

      (2)   Be physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight (8) feet high or to the ceiling, whichever is less;

      (3)   Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and

      (4)   Have access controlled by electronic or other means to provide assurance that persons under age eighteen (18) will not gain admission and that the general public will not accidentally enter such room or section.

         (Ord. 25-01. Passed 7-2-2001.)

    (a)   Any store or other place of business, including but not limited to all permitted or conditionally permitted uses in the C1 Office, C2 Retail, C3 General Business, and C4 Public School District outlined in Section 1129.02 herein, having an entrance, exit, parking lot, loading dock, trash enclosure, or show window within 250 feet of any single-family, two-family, or multiple-family residential district, shall only be permitted to be open for the transaction of business after 12:00 a.m. or before 6:00 a.m. of any day as a conditionally permitted use.

   (b)   Any store or other place of business which is subject to regulation pursuant to subsection (a) above and is also operating under a valid permit to sell or serve alcoholic beverages, as issued by the State of Ohio pursuant to Title 43 of the Ohio Revised Code, shall be exempt from the provisions of this Chapter only to the extent necessary to avoid conflict between the regulations herein and State law governing such liquor permit holders, provided further that nothing in the provisions of the Chapter shall be construed to sanction or permit the sale or service of alcoholic beverages in violation of State law.

   (c)   For purposes of this Chapter, the terms “store or other place of business” shall not be construed to include hospitals and emergency medical centers, regardless of their location in relation to any residential district, and are therefore exempt from the provisions of this Chapter.

   (d)   A conditional permit for extended business hours of operation shall comply with the regulations set forth within this Chapter and those in Chapter 1161.

(Ord. 124-05. Passed 2-6-2006.)

   A drive-through facility shall be conditionally permitted in C1 Office, C2 Retail, C3 General Business, and PD Planned Development only as an accessory use to permitted or conditionally permitted uses. No drive-through facility shall be permitted as an accessory use to a sexually oriented business. The sale or offering for sale of any alcoholic beverage shall not be permitted within a drive-through facility.

(Ord. 43-11. Passed 1-17-2012.)

   The following regulations shall apply to all Industrial (I) Districts.

(Ord. 91-95. Passed 10-7-1996.)

 

    In any Industrial District, no building or premises shall be used, arranged to be used or designed to be used except for one (1) or more of the following uses:

    (a)   Research and development uses relating to product development, testing laboratory, and minor fabricating and assembly operations.

   (b)   Wholesaling and storage uses associated with transporting, storing, handling or selling merchandise primarily to retailers, industrial, institutional, or professional users, or to other wholesalers, or acting as agents in buying merchandise for such persons or organizations.

   (c)   Manufacturing uses including all uses involving processing, fabrication, packaging, assembly, and related functions whether using machinery or labor and associated with industrial operations of producing goods, components and other related items.

   (d)   Trade services including establishments engaged in the general construction, maintenance, or repair of tangible personal property, buildings, or fixtures.

   (e)   Building materials, sales yard and lumberyard, millwork when within a completely enclosed building.

   (f)   Contractor’s equipment storage yard or plant, or storage and rental of equipment commonly used by contractors.

   (g)   Public storage garage and yards.

      (Ord. 91-95. Passed 10-7-1996.)

   (h)   Office use including all uses involving professional, clerical and administrative activities.

      (Ord. 124-05. Passed 2-6-2006.)

    (a)   Accessory uses clearly incidental to the principal uses permitted on the same lot.

 

   (b)   Signs, pursuant to Chapter 1329 of the Building Code.

(Ord. 91-95. Passed 10-7-1996.)

 

    In an Industrial District, a telecommunication tower may be permitted as a conditionally permitted use where the proposed use complies with all the requirements of Section 1159.04(b) of the Code.

(Ord. 24-98. Passed 5-18-1998.)

 

    (a)   No explosive materials or devices may be manufactured in an Industrial District, Section 1131.02 notwithstanding. The storage of combustible or flammable materials must conform to all local codes.

 

   (b)   No smoke, fumes, odors, dust, noise, vibration or glaring light which may be detrimental to the public health, safety or welfare may be transmitted to any lot occupied by a residential use.

(Ord. 91-95. Passed 10-7-1996.)

 

(Ord. 91-95. Passed 10-7-1996.)

 

(Ord. 91-95. Passed 10-7-1996.)

 

    (a)   Minimum front yard depth: fifty (50) feet.

 

   (b)   Minimum rear yard depth: twenty-five (25) feet.

 

   (c)    Minimum side yard depth: twenty-five (25) feet.

   (d)   When an Industrial District lot adjoins a residential district lot, a minimum side yard width and rear yard depth equal to the height of the industrial-use structure or the requirements of subsections (b) and (c) of this Section 1131.08, whichever is greater, shall be required on the side of the lot in common with the residential lot.

(Ord. 91-95. Passed 10-7-1996.)

 

   Off-street parking as regulated by Chapter 1143.

(Ord. 91-95. Passed 10-7-1996.)

   No more than one (1) family shall occupy a dwelling or dwelling unit.

(Ord. 91-95. Passed 10-7-1996.)

 

   (a)   No structure or portion thereof shall be constructed or placed in front of the building line.

 

   (b)   On a corner lot, an accessory structure shall not be placed closer to the intersecting street than the principal structure on the abutting lot fronting said intersecting street.

(Ord. 91-95. Passed 10-7-1996.)

 

   A garage, which is accessory to a residential use shall have a working door or doors.

(Ord. 91-95. Passed 10-7-1996.)

 

    All lots shall front an improved street or private street.

(Ord. 91-95. Passed 10-7-1996.)

    Parking commercial motor vehicles in a yard area in a residential district shall not be deemed an accessory use and is prohibited.

(Ord. 91-95. Passed 10-7-1996.)

 

   No single-family structure shall be converted to or enlarged or altered to accommodate more than one (1) family, except that an accessory dwelling unit can be constructed or located on certain lots in accordance with Section 1161.03(bb).

(Ord. 07-2023. Passed 11-20-23.)

 

    (a)    The height of any structure shall be measured from the mean curb level, as determined by the Commissioner; the height of any building shall be measured from the as-determined mean curb level to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between the bottom of the eaves and the top of the ridge for gable, hip and gambrel roofs; or, where structures extend in whole or in part above the roof, to the highest point of such structure, exclusive of television antennas, chimneys, and/or air conditioning equipment.

   (b)   Where unique site conditions exist, the Commissioner may measure the height of any structure from a point on the lot not less than three (3) feet from the foundation wall of a building, or footer or base of a structure.

(Ord. 91-95. Passed 10-7-1996; Ord. 16-15. Passed 9-21-2015.)

    (a)   Requirements Before Demolition or Removal of Principal Structures on Commercial or Industrial Properties. No demolition or removal of a principal structure in a C1 Office, C2 Retail, C3 General Business, C4 Public School District and the Industrial District shall be permitted unless and until one (1) of the following conditions is satisfied:

      (1)   The Safety Director of the City authorizes the Commissioner to grant a demolition or removal permit, based on causes such as fire or other source of property damage or loss, in order to remedy conditions immediately dangerous to life, health or property, or to remedy a nuisance, as jointly determined and recommended by the Commissioner, the Fire Chief, the City Engineer and the Director of the Division of Health; or

      (2)   The passage of 180 days following application to the Commissioner for a demolition permit or permit to move a principal structure, during which time the applicant has further made good faith application to all required boards and commissions of the City for approval of new development plans at the location of such property; or

      (3)   The proposed new building(s) and/or structure(s) at the location of such property conforms to the design requirements set forth in Chapter 1325 of the Building Code and has been approved by the Architectural Board of Review, and by any other required boards and commissions of the City, in order to proceed with new development plans. In addition, notwithstanding any other requirements, all approvals for such new development plans shall be based on the following factors:

         A.   The new development plans are consistent with the Code, the Lakewood Community Vision and the “Standards for Rehabilitation” adopted by the U.S. Secretary of the Interior, as stated in Title 36 of the Code of Federal Regulations, Part 1208 (Formerly of Part 67); and

         B.   The new development plans are consistent with any historic or aesthetic features of the commercial or industrial property being replaced and/or the nature and appearance of the surrounding neighborhood.

         C.   The Secretary of all such required boards and commissions of the City shall immediately notify the Commissioner of compliance with the provisions of this sub-section by any applicant that would allow and provide for the issuance of a demolition permit or a removal permit by the Commissioner.

   (b)   Demolition or Removal Delay Period. The time period before a demolition or removal permit can be issued in a C1, C2, C3, C4 and Industrial District is provided in order to permit the City, public agencies, civic groups and other interested parties a reasonable opportunity to study, comment and propose potential alternatives or modifications to the proposed new development plans. During such time period, if the City and other interested parties deem preservation appropriate, the applicant shall undertake meaningful and continuing discussions with the City and other interested parties for the purpose of preserving such principal structure.

   (c)   A demolition or removal permit shall comply with the regulations set forth within this Chapter and those in Section 1171.03.

 

   (d)   Fees. A review and recording fee, established pursuant to Section 1173.06, shall be included with the application.

(Ord. 49-98. Passed 2-16-1999; Ord. 124-05. Passed 6-6-2006.)

   (a)   Lakewood consists of very distinctive neighborhoods that were settled at different times during its development each with its own distinctive housing patterns, which are reflective of the time period during which these neighborhoods were nurtured during the growth of the City. Many of these residential neighborhoods are easily recognizable by their consistency of characteristics such as height, setbacks and side yards as well as their distinctive exterior façade design elements including, but not limited to, porches and steps, masonry, stoops, cornices and trims, doors and windows and other architectural styles and features, which over the years created a neighborhood environment and streetscape that brought neighbors together.

   In a correspondence from the Ohio Historic Preservation Office dated May 5, 1992, their opinion is that the entire City constitutes a single historic district, eligible for listing in the National Register of Historic Places. As stated in their letter, “The City is significant as a late nineteenth and early twentieth century streetcar suburb. The City is also unique in that for a community of its size and density it retains remarkable integrity to convey both its historic and architectural significance.”

    As a result of the Ohio Historic Preservation findings, the City encourages conservation, preservation, redevelopment, and revitalization of residential neighborhoods to preserve their unique environments and for the public welfare of the City. The City acknowledges as a matter of public policy that the preservation and protection of residential neighborhoods is required for the health, safety and welfare of the people.

   (b)   Requirements Before Demolition or Removal of Principal Structures on Residential Properties. No demolition or removal of a principal structure, built in 1945 or earlier, in an R1H Single-Family, high density, R1M Single-Family, medium density, R1L Single-Family, low density, R2 Single- and Two-Family, L Lagoon, MH Multiple-Family, high density and ML Multiple-Family, low density, Residential Districts shall be permitted unless and until one (1) of the following conditions is satisfied:

      (1)   The Safety Director of the City authorizes the Commissioner to grant a demolition or removal permit, based on causes such as fire or other source of property damage or loss, in order to remedy conditions immediately dangerous to life, health or property, or to remedy a nuisance, as jointly determined and recommended by the Commissioner, the Fire Chief, and the City Engineer; or (Ord. 24-2016. Passed 5-2-2016.)

      (2)   The passage of 180 days following application to the Commissioner for a demolition permit or permit to move a principal structure, during which time the applicant has further made good faith application to all required boards and commissions of the City for approval of a new principal structure at the location of such property; or

      (3)   The proposed principal structure at the location of such property conforms to the design requirements set forth in Chapter 1325 of the Building Code and has been approved by the Architectural Board of Review, and by any other required boards and commissions of the City, in order to proceed with the new principal structure. In addition, notwithstanding any other requirements, all approvals for such proposed principal structure shall be based on the following factors:

         A.   The proposed principal structure is consistent with the Code, the Vision and the “Standards for Rehabilitation” adopted by the U.S. Secretary of the Interior, as stated in Title 36 of the Code of Federal Regulations, Part 1208 (Formerly of Part 67); and

         B.   The proposed principal structure is consistent with any historic or aesthetic features of the residential property being replaced and/or the nature and appearance of the surrounding neighborhood.

         C.   The Secretary of all such required boards and commissions of the City shall immediately notify the Commissioner of compliance with the provisions of this section by any applicant that would allow and provide for the issuance of a demolition permit or a removal permit by the Commissioner.

   (c)   Demolition or Removal Delay Period. The time period before a demolition or removal permit can be issued in an R1H, R1M, R1L, R2, L, MH and ML is provided in order to permit the City, public agencies, civic groups and other interested parties a reasonable opportunity to study, comment and propose potential alternatives or modifications to the proposed new principal structure. During such time period, if the City and other interested parties deem preservation appropriate, the applicant shall undertake meaningful and continuing discussions with the City and other interested parties for the purpose of preserving such principal structure.

 

   (d)   A demolition or removal permit shall comply with the regulations set forth within this Chapter and those in Section 1171.03. 

   (e)   Fees. A review and recording fee, established pursuant to Section 1173.06, shall be included with the application.

(Ord. 124-05. Passed 2-6-2006.)

   (a)   The purpose of this chapter is to promote the health, safety and welfare of the citizens of the City by providing for the identification, protection, enhancement, perpetuation and use of areas, places, buildings, public interior portions of buildings, structures, works of art and other objects having a special historical, community or aesthetic interest or value, so that the following objectives are reached:

      (1)   To maintain and enhance the distinctive and/or aesthetic character, diversity and interest of the City.

      (2)   To safeguard the architectural integrity of the City's designated historic preservation districts (HPD) and historic properties (HP).

      (3)   To safeguard the heritage of the City by preserving places, sites, buildings and structures, which reflect elements of the City's cultural, social, economic, political, architectural or archaeological heritage.

      (4)   To seek alternatives to demolition or incompatible alterations in the HPD and to HPs before such acts are performed.

      (5)   To afford the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards.

   (b)   The purpose of the HPD or HP nomination and designation provided for in this chapter is to contribute to the economic, recreational, cultural and educational development of the City by:

      (1)   Fostering a sense of community identification and civic pride by preserving areas, places, buildings, public interior portions of buildings, structures, works of art and other objects which reflect periods, events in history, notable accomplishments of the past and significant persons of the community and its region;

      (2)   Protecting and enhancing the City's attributes for residents, prospective residents, visitors and tourists;

      (3)   Strengthening the economy of the City;

      (4)   Stabilizing and improving property values;

      (5)   Facilitating the reinvestment in and revitalization of certain districts and neighborhoods;

      (6)   Promoting use and preservation of historic sites and structures for the education and general welfare of residents of the City.

         (Ord. 15-14. Passed 3-17-2014.)

   (a)   ALTER or ALTERATION, for the purposes of this chapter, shall include the following actions made with respect to the designated portions of an HP or HPD: (1) a change in design, material color, texture, material, interior architectural feature, or exterior architectural feature; (2) any additions to existing areas, places, buildings, structures, works of art or other objects; and (3) material change to a part of a public interior portion of a building. The correction of any deterioration or damage to an area, place, building, structure, work of art or other object and restoration to its condition prior to such deterioration or damage is excluded from the definition of alteration, provided such work does not involve a change in design, material color, texture material or exterior architectural feature.

   (b)   CERTIFICATE OF APPROPRIATENESS means a certificate issued by the Architectural Board of Review indicating that proposed design plans for alteration or demolition of a property within the HPD or the HP are in accordance with the provisions of this chapter.

   (c)   DEMOLISH or DEMOLITION means the razing or removal, in whole or in part, of any area, place, building, public interior portion of a building, structure, work of art or other object.

   (d)   DESIGNATION means the decision by the Commission, pursuant to the provisions of this chapter, to declare a nominated district or property as historic.

   (e)   EXTERIOR ARCHITECTURAL FEATURE(S) means the architectural style, general design and general arrangement of the exterior of a building or structure including, but not limited to, windows, doors, porches, cornices, exterior wall materials, decorative trim, chimneys, roof structure and roof materials, and other fixtures appurtenant to the exterior of the building or structure.

   (f)   HISTORIC PROPERTY or HP is any area, place, building, public interior portion of a building, structure, work of art or other object that has been designated historic pursuant to this chapter.

   (g)   HISTORIC PRESERVATION DISTRICT or HPD is a district containing any area, place, building, public interior portion of a building, structure, work of art or other object, which district has been des-ignated historic pursuant to this chapter.

   (h)   INTERIOR ARCHITECTURAL FEATURE(S) means the architectural style, design, general arrangement and components of an interior, including but not limited to the kind, color and texture of a building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such interior.

   (i)   MATERIAL COLOR means the color inherent to a material such as brick or stone. It shall not be construed to refer to exterior painting.

   (j)   NOMINATION means the initial identification by the Commission of appropriate districts and properties as eligible for historic designation pursuant to this chapter.

   (k)   PRESERVATION means the act or process of applying measures to sustain the existing form, integrity and material of an area, place, building, public interior portion of a building, structure, work of art or other object.

   (l)   PUBLIC INTERIOR PORTION means the interior portion of a building or structure together with its interior architectural features, that is, or was, designed to be customarily open or accessible to the public, including by invitation. Public interior portion does not include an interior portion of a building or structure that was customarily open or accessible to the public if the interior portion has been significantly altered such that a substantial portion of the features reflecting design for public use no longer remain. Terminating the use of an interior portion of a building by the public shall not in and of itself constitute the conversion of the design of such interior portion. Public interior portion does not include the interior portions of a building, which portions were designed to be, and are still, used exclusively as non-public spaces.

   (m)   SECRETARY OF THE INTERIOR'S STANDARDS FOR RE-HABILITATION means the United States Secretary of the Interior's Standards For Rehabilitation codified at 36 CFR 67 of the Code of Federal Regulations, as the same may be amended from time to time, and associated guidelines established by the Commission, that form the criteria used by the Architectural Board of Review when considering an application for a certificate of appropriateness in an HPD or for an HP.

   (n)   SUBSTANTIAL HARDSHIP STATEMENT means a statement attested to by an owner or other authorized agent owning and/or using an area, place, building, public interior portion of a building, structure, work of art or other object that is subject to approval of a certificate of appropriateness, that denial of a Certificate of Appropriateness by the City would impose a substantial hardship or burden.

   (o)   UNIQUE HISTORIC GUIDELINES means any specific guidelines adopted by the Commission, either at the time of nomination or designation of an HPD or HP, or upon subsequent revision and review, to govern any such designated HPD or HP.

(Ord. 15-14. Passed 3-17-2014.)

   (a)   Relationship to Base Districts: The HPD or HP is the designation of an additionally restricted zone, or specific property restrictions for an historic property, within any zone, which may be applied to existing zoning districts as described herein. When such a district or property is established, the HPD or HP shall be shown as an indication to the underlying districts by the designation of HPD for Historic Preservation District, or HP for Historic Properties, on the zoning map.

   An HPD or HP may cross or transit several base districts, however, the uses permitted in each base district are limited to the boundaries of that base district, except as otherwise provided herein.

   (b)   Nomination Procedure: The Heritage Advisory Board may propose to the Commission nominations of any area, place, building, public interior portion of a building, structure, work of art or other object as an HPD or HP. In the case of an HP, if the Heritage Advisory Board does not propose a nomination, the owner of the proposed HP may directly propose to the Commission such nomination. In the case of an HPD, if the Heritage Advisory Board does not propose a nomination, the owners of a majority of the properties within the proposed HPD, as measured by the foot frontage of all properties within the proposed HPD, may directly propose to the Commission such nomination. The signature on such proposal of any owner of a parcel of property proposed for nomination as an HP or within an HPD shall constitute the consent of all owners of such parcel of property. Proposals for nomination must be on one or more standard publicly available forms promulgated by the Heritage Advisory Board. The nomination of an HPD or HP shall not constitute nomination of any public interior portion of such area, place, building or structure unless the public interior portion is specifically identified as part of the proposal for nomination. A proposal for nomination shall specify which specific site improvements are included in the proposal for nomination, and any improvements not specified shall be deemed not to have been nominated.

   (c)   The Commission may establish from time to time such procedures and policies with respect to nominations and other matters described in this chapter. Moreover, the Commission may, where appropriate, issue specific unique historic guidelines to govern any such designated HPD or HP. The purpose of such guidelines are to assist the Architectural Board of Review to limit its judgment and review procedures to design and engineering issues, rather than its own independent view of historic appropriateness, which are hereby expressly left in the province of the Commission with the advice of the Heritage Advisory Board.

   (d)   Considerations for Nomination: In considering the nomination of any area, place, building, public interior portion of a building, structure, work of art or other object in the City as an HPD or HP, the Commis-sion shall apply the following criteria with respect to each property. One (1) or more or the following must apply:

      (1)   The character, interest or value as part of the heritage of the City, the region, State of Ohio or the United States;

      (2)   The location as a site of a significant historic event;

      (3)   The identification with a person or persons who significantly contributed to the historic development of the City;

      (4)   An HPD's or HP's exemplification of the cultural, economic, social, archeological, or historic heritage of the City;

      (5)   The portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

      (6)   The embodiment of distinguishing historical characteristics of a group of people in an era of history characterized by a distinctive architectural style;

      (7)   HPD's or HP's identification as the work of an architect or master builder whose individual work has influenced the development of the City;

      (8)   HPD's or HP's embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural or technological innovation;

      (9)   HPD's or HP's unique location or singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the City, itself at large;

      (10)   HPD's or HP's having yielded or its likelihood of yielding information important to the understanding of prehistory or history.

   (e)   Additional Considerations for an HPD: In addition to meeting at least one (1) of the above criteria, a proposed HPD must also meet the following criteria in order to be designated an HPD:

      (1)   The area within the proposed boundaries must have a high degree of historic integrity, without excessive loss of architectural or historic character.

      (2)   The area within the proposed boundaries must have an internal historic cohesiveness in the sense of a shared common history of its inhabitants, historical development according to the Vision, a shared architectural style or design, or a body of architecture illustrating the evolution of architectural styles over a period of time.

   (f)   Additional Considerations for an HP: In addition to meeting at least one (1) of the criteria listed in subsection (c) above, a proposed HP must also meet the following criteria in order to be designated an HP:

      (1)   The proposed HP must have a high degree of historic integrity, without excessive loss of architectural or historic character.

      (2)   The proposed HP must have an internal historic cohesiveness in the sense of a shared common history of its inhabitants, historical development according to the Vision, a shared architectural style or design, or a body of architecture illustrating the evolution of architectural styles over a period of time.

   (g)   Nomination by the Commission: After a hearing, the Commission may nominate certain areas, places, sites, buildings, public interior portions of buildings, structures, works of art and other objects as eligible to be designated as either an HPD or an HP.

   (h)   Nomination Not Self-Executing: Once the Commission has approved a nomination of any certain areas, places, sites, buildings, public interior portions of buildings, structures and works of art and other objects as eligible to be designated either an HPD or an HP, the secretary of the Commission shall schedule a public hearing on the designation of the HPD or HP. The rules of this chapter, or the unique historic guidelines adopted by the Commission for any HPD or HP, are not effective until the HP or HPD is designated by the Commission.

   (i)   Consent for Historic Designation: Prior to the hearing on designation of the nominated property or district, the person(s) who submitted the proposed nomination to the Commission shall attempt to secure the written consent, on a publicly available form promulgated by the Heritage Advisory Board, of the affected property owner(s) to the designation of a property or district as an HP or HPD. However, written approval is not required for the property to be determined as an HP or HPD. The signature on such form of any owner of a parcel of property proposed for nomination as an HP or within an HPD shall constitute the consent of all owners of such parcel of property. The Commission shall proceed to the public hearing on the question of the proposed designation and may defer action in its discretion while consent is being solicited.

   (j)   The application for designation and all accompanying submissions shall be reviewed and studied by the Commission prior to its decision. The Commission shall give due consideration to the advice of the Heritage Advisory Board, such consents to designation and comments as have been filed with it, and the views as may have been expressed by persons participating in the hearing before the Commission, as well as any other relevant information brought before the Commission, in making its decision with respect to the proposed designation of each HPD or HP by a majority vote of its members.

(Ord. 15-14. Passed 3-17-2014.)

   (k)   The Commission shall determine whether said area, place, site, building(s), public interior portions of a building, structure(s), works of art and other objects shall be designated as an HPD or HP. In the event the owner of a property nominated as an HP, or each owner within a district nominated as an HPD, does not consent to designation, the Commission may only designate an HP or HPD by a vote of at least four of its members, or otherwise the Commission may designate an HP or HPD by a majority vote of a quorum of its members. Regardless of any current National Register of Historic Places status, an HPD or HP must be locally determined by the Commission for this chapter to apply.

   (l)   The Commission may approve by majority vote unique historic guidelines for a created district or a specific historic property. The Commission shall schedule a public hearing on the question of such guidelines, which may be a separate hearing or which may coincide with a hearing for nomination or designation. If specific architectural guidelines are not created, the Secretary of the Interior's Standards for Rehabilitation shall apply to an HPD or HP for Architectural Board of Review purposes.

   (m)   Applications for nomination and designation which have been denied by the Commission may be resubmitted by the original applicant within ten (10) days from the date of ruling, if a request is made in writing by the applicant setting forth the grounds thereof. If the Commission determines by vote that valid grounds have been submitted, a rehearing shall be granted. If the request is not made within ten (10) days from date of ruling, no application on the same proposed HPD or HP may be made to the Commission by any party for a period of six (6) months from the date the original application was denied. The filing of an application for a rehearing shall not be deemed to extend the time permitted by law for the filing of an appeal to the Courts.

   (n)   Notice Procedures for Public Hearing on Nomination or Designation:

      (1)   Notice of any public hearing called under this chapter shall be made in accordance with Lakewood Codified Ordinances no less than seven (7) days before the hearing; said notice shall state the time, place and purpose of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the ordinances.

      (2)   No less than seven (7) days prior to a public hearing, the Commission additionally shall give written notice of a public hearing, stating the time, place and purpose to all owners and residents of property in and within two hundred (200) feet of the property for which either an HPD or an HP nomination or designation is proposed.

         (Ord. 15-14. Passed 3-17-2014.)

   Location of an HPD or HP is limited to the C1 Commercial Office, C2 Commercial Retail, C3 Commercial General Business, C4 Commercial Public School Districts, R1H Single-Family, high density, R1M Single-Family, medium density, R1L Single-Family, low density, R2 Single- and Two-Family, L Lagoon, MH Multiple-Family, high density and ML Multiple-Family, low density, Residential Districts. (Ord. 15-14. Passed 3-17-2014.)

   Permitted accessory uses in an HPD shall be those uses listed as accessory in the underlying base zone.

(Ord. 15-14. Passed 3-17-2014.)

   (a)   No person shall make any alteration or demolition with respect to any property designated historic that is situated in a determined HPD or has been determined an HP unless a certificate of appropriateness has been previously issued with respect to such property. With respect to any such alteration or demolition, the owner of the property to be altered or demolished shall first apply for and secure a certificate of appropriateness from the Architectural Board of Review. In addition, any improvements or changes undertaken within public rights-of-way within an HPD also require a certificate of appropriateness from the Archi-tectural Board of Review.

   (b)   Unless the Commission has previously approved unique historic guidelines, the Architectural Board of Review when considering an application for a certificate of appropriateness shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate and shall refer to the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time, and which on the date of the adoption of this chapter are as follows:

      (1)   A property shall be used for its historic purpose or placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

      (2)   The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

      (3)   Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

      (4)   Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

      (5)   Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize an HP shall be preserved.

      (6)   Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

      (7)   Chemical or physical treatments, such as sandblasting, that cause damage to the historic materials and structures, if appropriate, shall be undertaken using the gentlest means possible.

      (8)   Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

      (9)   New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

      (10)   New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and environment would be unimpaired.

   (c)   In the case of archeological properties, the Architectural Board of Review shall refer to the Advisory Council on Historic Preservation's Treatment of Archeological Properties: A Handbook or successor publication(s).

   (d)   Approval Not Self-executing Where the Commission has Issued Unique Historic Guidelines: When unique historic guidelines have been established, if the proposed construction, reconstruction, alteration or demolition is determined by the Architectural Board of Review to be appropriate, then the Architectural Board of Review shall approve the certificate of appropriateness, subject to a final additional review by the Commission.

   (e)   Denial: If the Architectural Board of Review determines that the proposed construction, reconstruction, alteration or demolition is inappropriate, then the Architectural Review Board shall deny the certificate of appropriateness.

   (f)   Notice of Denial to Applicant: In the event that the Architectural Board of Review denies an application for a certificate of appropriateness, the secretary of the Architectural Board of Review shall forthwith notify the applicant in writing and transmit to him/her a copy of the reasons for denial and recommendations, if any, of the Architectural Board of Review.

   (g)   Effect of Denial: Upon denying an application for a certificate of appropriateness, the Architectural Board of Review shall impose a waiting period to not exceed thirty (30) days from the date of disapproval during which the applicant may develop a compromise proposal. With respect to an application involving a demolition, the Architectural Board of Review may, at its discretion, extend the aforementioned waiting period a maximum of one (1) year from the date of disapproval. If both parties accept a compromise proposal, the Architectural Board of Review may henceforth approve a final certificate of appropriateness, unless unique historic guidelines have been adopted by the Commission and pertain, in which case any compromise must also be approved by the Commission.

   (h)   Negotiations During Waiting Period for Demolition: In the case of a denial of an application for a certificate of appropriateness for demolition:

      (1)   The Architectural Board of Review, along with the Director, Commissioner, members of the Heritage Advisory Board, and other officials of the City as needed, may participate in negotiations with the owner or owners and any other interested party in an effort to find a means of preserving the property. If the aforementioned do not agree on a means of preserving the property at the initial meeting then they may continue to undertake meaningful and continuing discussion with the purpose of finding a method of preserving the property.

      (2)   If the applicant fails to meet with the aforementioned in good faith, in the time specified, then the Architectural Board of Review's denial of the application will stand.

      (3)   If, after holding such good-faith meetings in the waiting period as specified above, and after reviewing a substantial hardship statement filed by an applicant, the Director determines in writing that failure to approve an application for a certificate of appropriateness will create a substantial hardship to the applicant and that such certificate of appropriateness may be approved without substantial detriment to the public welfare and without substantial derogation from the purposes of this chapter, then the Architectural Board of Review shall approve a certificate of appropriateness for such proposed demolition.

   (i)   Negotiations During Waiting Period for Alteration: In the case of denial of an application for a certificate of appropriateness for construction, reconstruction or alteration:

      (1)   The Architectural Board of Review, along with the Director, Commissioner, members of the Heritage Advisory Board, and other officials of the City as needed, may participate in negotiations with the owner or owners and any other interested party in an effort to find a means of preserving the historic integrity of the property. The aforementioned shall investigate the feasibility of all means of preserving the historic integrity of the designated property. If the aforementioned do not agree on a means of preserving the historic integrity of the property at the initial meeting, then they may continue to undertake meaningful and continuing discussion of the purpose of finding a method of saving the historic integrity of the property.

      (2)   If the applicant fails to meet with the aforementioned in good faith, in the time specified, then the Architectural Board of Review's denial of the application will stand.

      (3)   If, after holding such good faith meetings in the waiting period, and after reviewing a substantial hardship statement filed by the applicant, the Director determines in writing that failure to approve an application for a certificate of appropriateness will create a substantial hardship or burden to the applicant and that such certificate of appropriateness may be approved without substantial detriment to the public welfare and without substantial derogation from the purposes of this chapter, then the Architectural Board of Review can approve a certificate of appropriateness for such proposed alteration.

   (j)   Alternative Summary Procedures Not Requiring Board or Commission Action: The Director, or his/her designee, may administratively approve an application for a certificate of appropriateness for the following activities:

      (1)   Repair or replacement of gutters and downspouts, provided there is no change in material or location.

      (2)   Exterior wall insulation provided the exterior holes are repaired with a matching material. For vinyl or aluminum siding, the necessary siding shall be removed prior to the work and then reinstalled. Insulation work that requires venting of any type that appears on the exterior of a structure requires a certificate of appropriateness.

      (3)   Re-roofing, only with like material and if the original style and shape of the roof is not altered.

      (4)   Storm windows and storm doors, provided that the item(s) installed:

         A.   Does/do not significantly alter the visual effect of the opening;

         B.   Is/are compatible with the character of the building;

         C.   Does/do not require the removal of original windows and/or doors.

      (5)   Repair of the surface of driveways, parking or loading areas or walkways with like material.

   (k)   Summary Procedures Report: The Director shall provide to the Architectural Board of Review a summary of the certificates of appropriateness for each administrative approval issued.

   (l)   As long as the following activities do not result in alteration to the HPD or HP, they are approved:

      (1)   Exterior and interior painting; and

      (2)   Landscaping improvements, referring only to the planting or arrangement of trees, shrubs, flowers and plants.

   (m)   If no action has been taken by the Architectural Review Board or the Director, or his/her designee, on an application for a certificate of appropriateness within sixty (60) days after such application has been received by the Architectural Review Board, the certificate of appropriateness shall be deemed issued.

(Ord. 15-14. Passed 3-17-2014.)

   (a)   An applicant who has been denied a certificate of appropriateness may, within thirty (30) days of the denial, request a finding of substantial hardship and submit a substantial hardship statement based on economic impact or other substantial burden. Such a request shall include a sworn statement or affidavit in support. The Commission may hold a public hearing on the substantial hardship statement.

   (b)   All of the following criteria shall be considered to determine the existence of a substantial hardship:

      (1)   Denial of a certificate will result in a substantial reduction in the economic value of the property.

      (2)   Denial of a certificate will result in a substantial economic burden on the applicant because the applicant cannot reasonably maintain the property in its current form.

      (3)   No reasonable alternative exists consistent with the architectural standards and guidelines for the property.

      (4)   The owner has been unable to sell the property utilizing best efforts.

      (5)   Previous alterations have interfered with the architectural character of the HPD or HP and the character defining features to illustrate the style or type are lost, and to return the HPD or HP to its original character is not reasonable.

      (6)   If the owner is a not-for-profit organization, and it is financially or physically infeasible to achieve its charitable purpose while conforming to the pertinent architectural standards and guidelines.

      (7)   A court of competent jurisdiction has required the owner to abate any violation of these ordinances within a time frame that does not comport with the requirements of this chapter.

      (8)   Denial will result in a substantial burden as set forth in the applicant's sworn statement or affidavit in support.

   (c)   In considering a substantial hardship statement, the Commission may solicit expert testimony or request that the requesting party submit evidence concerning property value, cost estimates, income expenses, and/or any other information that the Commission deems necessary to determine whether the denial of the request constitutes a substantial hardship. The level of documentation required may vary as is appropriate to each case. The requesting party may submit any personal or proprietary information to the staff of the City for a confidential review, and such information shall be returned to the requesting party, and a summary or evaluation of the information shall be provided to the Commission without disclosure of the specific personal or proprietary information.

   (d)   The Commission shall act upon a request for a finding of a substantial hardship within a period not to exceed six (6) months from the original date of the denial of a certificate of appropriateness or two (2) months from the date the Commission receives all requested supporting material, whichever is later. If no action has been taken by the Commission within this period, the request shall be deemed granted, unless the time is extended upon by mutual agreement. Upon the denial of a request, the requesting party shall be notified by mail.

(Ord. 15-14. Passed 3-17-2014.)

   (a)   Demolition or removal of a principal structure on a commercial property(s) in a designated HPD or HP shall comply with the regulations set forth within this chapter and those in Section 1133.08.

   (b)   Demolition or removal of a principal structure on a residential property(s) in a designated HPD or HP shall comply with the regulations set forth within this chapter and those in Section 1133.09. (Ord. 15-14. Passed 3-17-2014.)

   Notwithstanding any provision of this chapter to the contrary, the Commission may rescind the nomination or designation of any area, place, building, public interior portion of a building, or structure, work of art or other object as an HPD or HP by majority vote by finding of one or more of the following: (a) that the nominated or designated HPD or HD does not meet the criteria or to protect the public interest in response to changed circumstances since the nomination or designation was made; (b) prejudicial procedural error in the nomination or designation process; or (c) professional or clerical error in the nomination or designation. This rescission act of the Commission shall relieve the owner of such property from any duties or penalties prescribed by this chapter.

(Ord. 15-14. Passed 3-17-2014.)

   (a)   If the forthwith demolition of a structure is required by an action authorized by the Public Safety Director of the City to protect the public health or safety, said action shall take precedence over the provisions of this chapter.

   (b)   Nothing in this chapter shall be construed to prevent the correction of any deterioration or damage to an area, place, building, public interior portion of a building, structure, work of art or other object and restoration to its condition prior to such deterioration or damage. (Ord. 15-14. Passed 3-17-2014.)

   The fees for an HPD or HP application for a certificate of appropriateness shall be pursuant to Section 1173.06.

(Ord. 15-14. Passed 3-17-2014.)

   Every owner, operator, or agent of any property which has been determined HPD or HP shall keep in good repair all of the exterior portions and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portion or public interior portion of such area, place, building, or structure, work of art or other object to deteriorate, decay or become damaged or otherwise fall into a state of disrepair. Every owner, operator or agent of any property which has been determined HPD or HP shall further keep in good repair all portions of any area, place, building, public interior portion of a building, structure, work of art or other object which, if not so maintained, may cause or tend to cause such portions to deteriorate, decay, or become damaged or otherwise fall into a state of disrepair. The repair and maintenance required by this section includes, without limitation:

   (a)   Adhering to the minimum standards of compliance with Part Thirteen of the Codified Ordinances; and

   (b)   Structurally stabilizing each building or structure by taking all steps necessary to ensure:

      (1)   The roof is watertight;

      (2)   Gutters are properly pitched and cleared of debris;

      (3)   Downspout joints are intact;

      (4)   Drains are unobstructed;

      (5)   Windows and door frames and wood siding are in good condition;

      (6)   Masonry walls are properly tuck pointed to keep out moisture;

      (7)   The property is graded for proper water run-off;

      (8)   Vegetation is cleared from around each property; and

      (9)   Trash, debris and hazardous materials such as inflammable liquids, poisons and paints are removed from the interior of each one (1) of any area, place, building, public interior portion of any building, structure, work of art or other object on a continuous basis.

   (c)   Exterminating or controlling pests, including termites and rodents.

   (d)   Protecting any area, place, building, public interior portion of a building, structure, work of art or other object from moisture penetration.

   (e)   Securing each vacant area, place, building, public interior portion of a building, structure, work of art or other object from vandalism and break-ins including, without limitation:

      (1)   First floor windows and doors must be secured;

      (2)   Plywood must be painted black or if the structure is composed of brick, a color compatible with the color of the brick;

      (3)   The method used to install the plywood may not result in the destruction of the opening covered and all sashes, doors and frames must be protected or stored for future use;

      (4)   Battery-operated intrusion alarms must be installed on the first floor of each portion of any area, place, building, public interior portion of a building, structure, work of art or other object;

      (5)   Battery-operated smoke alarms must be installed on all floors of any area, place, building, public interior portion of a building, structure, work of art or other object;

      (6)   Adequate security lighting or fencing must be installed on each portion of any area, place, building, structure, work of art or other object where deemed necessary by the Commissioner.

   (f)   Providing adequate ventilation to the interior of each vacant portion of any area, place, building, public interior portion of a building, structure, work of art or other object.

   (g)   Securing or modifying utilities and mechanical systems for each portion of any area, place, building, public interior portion of a building, structure, work of art or other object.

   (h)   Taking such other steps deemed necessary by the Commissioner.

      (Ord. 15-14. Passed 3-17-2014.)

   Should any provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.

(Ord. 15-14. Passed 3-17-2014.)

   Whoever refuses, neglects or fails to comply with any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) dollars nor more than one thousand dollars ($1,000) for a first offense, and for a second or subsequent offense shall be guilty of a misdemeanor of the first degree. Each day such violation occurs or continues shall constitute a separate offense.

(Ord. 15-14. Passed 3-17-2014.)

   (a)   The purpose of the Mixed Use Overlay District is to provide a mechanism to accommodate development reuse and redevelopment in specified locations, which is in the public interest and may not otherwise be permitted pursuant to this Code. A Mixed Use Overlay District may overlay several base districts. However, the uses permitted in each underlying district are limited to the boundaries of that district, and the regulations of the underlying district shall govern, except where additional uses are expressly allowed under this Chapter.

   (b)   The Mixed Use Overlay District requirements and regulations allow for more flexibility than those pertaining to other uses within the Code. A Mixed Use Overlay District may be mapped in an area where the proposed use changes certain character and features otherwise limited by the underlying zoning only if it has been determined that the current and anticipated future uses in the immediate vicinity will be compatible with the mixed uses proposed and that such uses are consistent with the Development Plan. Therefore, the Commission shall consider Mixed Use Overlay developments on a case-by-case basis.

   (c)   A Mixed Use Overlay District should offer one or more of the following advantages:

      (1)   Designs that reflect the City's development and planning policies as set forth in this Code and that are consistent with the Vision.

      (2)   Designs that are intended to encourage flexibility, innovation, and creativity in site and development design by allowing the mixing of permitted uses and/or modification or variation from otherwise applicable zone district and development standards.

      (3)   Designs which encourage a mix of retail, service, office, housing, live-work units, public activities, and other compatible uses to coexist in a manner that reflects human scale and emphasizes pedestrian orientation, taking advantage of the vitality that mixed uses can bring to the community.

      (4)   Designs which provide substantial buffers and transitions between areas of different land uses and development densities.

      (5)   Designs which enhance the appearance of neighborhoods by conserving areas of natural beauty and natural green spaces.

      (6)   Designs which provide a choice in the type of environment available to the public by allowing development that would not be possible under the strict application of other sections of this Code.

      (7)   Development and/or permanent reservation of open space, recreational areas and facilities.

      (8)   A creative approach to the use of land and related physical facilities that result in better urban design, higher quality construction and the provision of aesthetic amenities.

      (9)   The efficient use of land, so as to promote certain economies in the provision of utilities, streets, schools, public grounds and buildings, and other facilities.

      (10)   The adaptive reuse of historic buildings.

         (Ord. 59-04. Passed 7-6-2004; Ord. 09-2024. Passed 7-15-2024.)

   It is not intended that the Commission automatically grant exceptions or maximum density increases for Mixed Use Overlay Districts, but it is expected that the Commission shall grant only such increases or uses which are consistent with the benefits resulting from the Mixed Use Overlay. Therefore, the Commission may require as a condition of approval any reasonable condition, limitation or design factor, pursuant to Section 1161.02, General Standards for All Conditional Uses, which will promote proper development of a Mixed Use Overlay development.

(Ord. 59-04. Passed 7-6-2004; Ord. 09-2024. Passed 7-15-2024.)

      (1)   Signage.

         A.   In a commercial district base zone, signage standards are set by the base zone.

         B.   In a residential district base zone, the following additional signage regulations apply:

            1.   Signs must be non-illuminated.

            2.   Gooseneck fixtures or indirect spotlights concentrated on an area of a sign may be used to create illumination.

            3.   Only one sign per frontage, not to exceed 20 square feet per sign, shall be allowed.

            4.   Signs must be either projecting signs, erected on the outside wall of a building and projecting at an angle therefrom; or wall signs, integral with the exterior face of an exterior wall of a building, or attached to the wall or parallel with the wall and projecting not more than twelve inches therefrom.

         C.   In an industrial based zone, signage must meet the standards of the commercial districts. The Commission may relax such standards if a creative and innovative design is submitted and the sign does not adversely affect neighboring properties.

         A.   Applicants for Mixed Use Overlay developments shall submit a parking and traffic management proposal that does not adversely affect the neighborhood, identifies peak use times, and explores shared parking agreements.

         B.   All residential uses must comply with parking requirements or maintain existing parking conditions.

         A.   In a commercial or residential district base zone Mixed Use Overlay proposals must contain a residential component. Residential components are not permitted in an industrial base zone.

         B.   Maintain form and scale of building being re-purposed.

         C.   The primary design objective for the Mixed Use Overlay District are to reflect the area's architectural significance/character, while promoting the pedestrian scale environment. The design must be compatible with the neighborhood.

         D.   The principal or primary entrance to a non-residential structure must be located on the building front.

         (Ord. 17-13. Passed 10-21-2013; Ord. 09-2024. Passed 7-15-2024.)

   Location of a Mixed Use Overlay District is limited to Commercial Districts (C1 Office, C2 Retail, C3 General Business, C4 Public School District) Residential Districts (R1 Single Family, R2 Single and Two Family, RIL Single Family Low Density, RIM Single Family Medium Density, RIH Single Family High Density, ML Multiple Family Low Density and MH Multiple-Family High Density), and the Industrial (I) District.

(Ord. 17-13. Passed 10-21-2013; Ord. 09-2024. Passed 7-15-2024.)

      (l)   Conditional Uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine the desirability of permitting their establishment on any given site. A Conditional Use may be granted pursuant to the requirements of Section 1129.02, Principal and Conditional Permitted Uses. Standards for specific Conditional Uses may be found in Chapter 1161, Conditional Uses, or elsewhere as referenced herein.

      (2)   In keeping with the desire for flexibility in this district, the following may be permitted as additional Conditional Uses in the Mixed Use Overlay District:

         A.   Dwelling units, single-family residence attached.

         B.   Live-work units where base zoning permits non-residential uses.

         C.   Uses listed as conditional in the underlying base zone.

      (3)   Modification of development standards shall be permitted on the authority of the Commission as part of the Conditional Use review.

      (1)   Conditional uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine the desirability of permitting their establishment on any given site. A conditional use may be granted pursuant to the requirements of Section 1129.02, conditional use. Standards for specific conditional uses may be found in Chapter 1161, Conditional Uses, or elsewhere as referenced herein.

      (2)   In keeping with the desire for flexibility in this district, the following use categories may be permitted as additional conditional uses pursuant to Section 1129.02, Principal and Conditional Permitted Uses:

         A.   Residential, entertainment, food and beverage, professional services, general retail, service retail, convenience retail, personal care services, and laundromat.

         B.   Conditional uses in a residential district base zone must be comparatively small scale. This does not mean these uses will serve only the nearby dwellings, but the appearance, mix of uses, and scale of both buildings and uses must be that of a local or neighborhood establishment.

      (3)   Modification of development standards shall be permitted on the authority of the Commission as part of the conditional use review.

      (1)   Conditional uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine the desirability of permitting their establishment on any given site. A conditional use may be granted pursuant to the requirements of Section 1129.02, Conditional Use. Standards for specific uses may be found in Chapter 1161, Conditional Uses, or elsewhere as referenced herein.

      (2)   In keeping with the desire for flexibility in this district, the following use categories (or specific uses if listed) may be permitted as additional conditional uses pursuant to Section 1129.02, Principal and Conditional Permitted Uses:

         A.   Institutional (Trade/Vocational Schools only);

         B.   Entertainment;

         C.   Food and Beverage (Restaurant seated Table Service: Bar, Tavern, Nightclub only);

         D.   Professional Services (Radio/TV/Video/Audio Production only);

         E.   Service Retail; and

         F.   Hard Goods Retail.

      (3)   Modification of development standards shall be permitted on the authority of the Commission as part of the conditional use review.

         (Ord. 17-13. Passed 10-21-2013; Ord. 09-2024. Passed 7-15-2024.)

   Uses listed as accessory in the underlying “base” zone.

(Ord. 59-04. Passed 7-6-2004; Ord. 09-2024. Passed 7-15-2024.)

    Uses listed as additional in the underlying “base” zone.

(Ord. 59-04. Passed 7-6-2004; Ord. 09-2024. Passed 7-15-2024.)

   Standards related to minimum lot area, lot width, lot coverage and maximum heights shall be as required in the base zone for each lot. However, such standards may be relaxed without triggering the requirement to apply for a variance if the proposed standard is determined by the Commission to be consistent with the surrounding properties, both within and outside of limits of the Mixed Used Overlay District.

(Ord. 59-04. Passed 7-6-2004; Ord. 09-2024. Passed 7-15-2024.)

   In addition to the required yard, a landscaped buffer of at least ten (10) feet shall also be provided, pursuant to Section 1141.03, Landscaping Plan. However, the Commission may relax such standards if the proposed standard is determined to be consistent with the surrounding properties, both within and outside the limits of the Mixed Use Overlay District.

(Ord. 59-04. Passed 7-6-2004; Ord. 09-2024. Passed 7-15-2024.)

    The fee(s) for a Mixed Use Overlay District application shall be pursuant to Section 1173.06.

(Ord. 17-13. Passed 10-21-2013; Ord. 09-2024. Passed 7-15-2024.)