Lewisburg City Zoning Code
TITLE FIVE
Zoning Districts and Map
1131.01 OFFICIAL ZONING MAPS.
The districts established in Chapter 1135 as shown on the Official Zoning Map which, together with all explanatory matter thereon, are hereby adopted as part of the Zoning Ordinance.
(Ord. 82-1. Passed 2-16-82.)
1131.02 IDENTIFICATION OF THE OFFICIAL ZONING MAPS.
The Official Zoning Map shall be identified by the signature of the Mayor, attested by the Village Clerk, and bearing the seal of the Village.
(Ord. 82-1. Passed 2-16-82.)
1131.03 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following rules shall apply:
(a) Where district boundaries are indicated as approximately following the center lines of thoroughfares or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries;
(b) Where district boundaries are so indicated that they approximately follow the lot lines such lot lines shall be construed to be such boundaries;
(c) Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map.
(d) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of the railroad line;
(e) Where the boundary of a district follows a stream, lake, or other body of water, such boundary line shall be deemed to be at the limit of the jurisdiction of the Village unless otherwise indicated.
(Ord. 82-1. Passed 2-16-82.)
1131.04 ZONING OF ANNEXED LAND.
On land hereafter annexed to, or consolidated with, the Village, no building or structure shall be erected, enlarged or moved and no change in the use of land or existing buildings or structures shall be made until an ordinance designating the zoning district classification of such annexed land is duly adopted by Council. Within thirty days of the annexation, the Planning Commission shall file an application for an amendment to establish the zoning district classification of such land. Action shall be taken by the Council regarding the classification of annexed land within sixty days of its receipt of the amendment from the Planning Commission.
(Ord. 82-1. Passed 2-16-82.)
1135.01 ESTABLISHMENT OF ZONING DISTRICTS.
For the purpose of promoting the public health, safety, morals, convenience, comfort, prosperity, and general welfare of the Village, the following districts are hereby established:
R-1 | Suburban Residential |
R-2 | Urban Residential |
R-3 | Urban Residential |
OR | Office Residential |
NB | Neighborhood Business District |
HS | Highway Service Commercial District |
CBD | Central Business District |
I-1 | Light Industrial - Commercial District |
PR | Planned Residential District |
PMH | Planned Mobile Home Residential District |
PC | Planned Commercial District |
PI | Planned Industrial District |
CD | Conservation District |
FP | Flood Plain District |
(Ord. 82-1 Passed 2-16-82.)
1135.02 COMPLIANCE WITH REGULATIONS.
The regulations for each district set forth by the Zoning Ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
(a) No building, structure, or land shall be used or occupied and no building or structure or part thereof shall erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located;
(b) No building or other structure shall be erected or altered;
(1) To provide for greater height or bulk;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces;
than herein required, or in any other manner be contrary to the provisions of the Zoning Ordinance.
(c) No yard or lot existing at the time of passage of the Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the Zoning Ordinance shall meet at least the minimum requirements set forth herein.
(Ord. 82-1. Passed 2-16-82.)
1135.03 ESSENTIAL SERVICES EXEMPTED.
The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions, of overhead, surface or underground gas, electrical, steam, or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health, safety, or general welfare, shall be exempt from the regulations of the Zoning Ordinance. Provided, however, that the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.
(Ord. 82-1. Passed 2-16-82.)
1139.01 PURPOSE.
This district is intended to provide areas suitable for single-family residential development at a low density.
(Ord. 82-1. Passed 2-16-82.)
1139.02 USES.
(a) Permitted Uses.
(1) Single-family dwelling.
(2) Family homes.
(3) Accessory buildings incidental to the principal use which do not include any activity conducted as a business.
(b) Conditionally Permitted Uses.
(1) Governmentally owned and/or operated park, playground, and golf course.
(2) Cemetery.
(3) Church and other buildings for the purpose of religious worship.
(4) Cultural institutions, including public libraries and public art galleries, public museums.
(5) Educational institutions.
(6) Hospitals and sanitariums.
(7) Home occupations.
(Ord. 82-1 Passed 2-16-82.)
1139.03 LOT REQUIREMENTS.
(a) Minimum lot area: | 10,000 sq. ft. |
(b) Minimum lot: | 85 feet |
(Ord. 82-1. Passed 2-16-82.)
1139.04 YARD REQUIREMENTS.
(a) Minimum front yard depth: | 34 feet |
(b) Minimum rear yard depth: | 40 feet |
(c) Minimum side yard width on each side | 10 feet |
(Ord. 82-1. Passed 2-16-82.)
1139.05 STRUCTURAL REQUIREMENTS.
Maximum building height: 35 feet
(Ord. 82-1. Passed 2-16-82.)
1139.06 PARKING REQUIREMENTS.
1139.07 SIGNS.
1139.08 MINIMUM FLOOR SPACE.
Minimum floor space shall be 1,000 square feet and shall exclude garages or other non-living areas.
(Ord. 82-1. Passed 2-16-82.)
1141.01 PURPOSE.
This zone is intended to accommodate single family dwellings in neighborhoods which are characterized by smaller lots. This district also provides for the construction of new two family residences as conditional uses within areas where a mixture of single and two families is desirable. (Ord. 82-1. Passed 2-16-82.)
1141.02 USES.
(a) Permitted Uses.
(1) Single-family dwelling.
(2) Family homes.
(3) Accessory buildings incidental to the primary use which do not include any activity conducted as a business.
(Ord. 82-1. Passed 2-16-82.)
(b) Conditional Uses.
(1) Two-family dwellings, conditioned by certification by the developer that a desirable blending of both single and two-family structures will be achieved, retaining the low density, single-family profile of the district.
(2) Governmentally owned and/or operated park, playground, and golf course.
(3) Cemetery.
(4) Church or other buildings for the purpose of religious worship.
(5) Cultural institutions, including public libraries and public art galleries, public museums.
(6) Educational institutions.
(7) Hospitals, sanitariums, nursing home, child care center and home for the aged.
(8) Home occupation.
(9) Storage buildings which do not include any activity conducted as a business. (Ord. 2020-06. Passed 8-6-20.)
1141.03 LOT REQUIREMENTS.
(a) Single-Family.
(1) Minimum lot area: | 8,000 sq. ft. |
(2) Minimum lot width: | 70 feet |
(b) Two-Family.
(1) Minimum lot area: | 10,000 sq. ft. |
(2) Minimum lot width: | 80 feet |
(Ord. 82-1 Passed 2-16-82.)
1141.04 YARD REQUIREMENTS.
(a) Single-Family.
(1) Minimum front yard depth: | 25 feet |
(2) Minimum rear yard depth: | 40 feet |
(3) Minimum side yard width on each side: | 8 feet |
(b) Two-Family.
(1) Minimum front yard depth: | 25 feet |
(2) Minimum rear yard depth: | 40 feet |
(3) Minimum side yard width on each side: | 10 feet |
(Ord. 82-1. Passed 2-16-82.)
1141.05 STRUCTURAL REQUIREMENTS.
(a) Single-Family. | |
(1) Maximum building height: | 35 feet |
(b) Two-Family. | |
(1) Maximum building height: | 35 feet |
(Ord. 82-1. Passed 2-16-82.)
1141.06 PARKING REQUIREMENTS.
1141.07 SIGNS.
1141.08 MINIMUM FLOOR SPACE.
(a) Single-Family.
(1) Minimum floor space shall be 1,000 square feet and shall exclude garages or other non-living areas.
(b) Two-Family.
(1) Minimum floor space shall be 1,800 square feet (900 square feet per family unit) and shall exclude garages or other non-living areas.
(Ord. 1999-09. Passed 2-18-99.)
1143.01 PURPOSE.
(a) This zone is intended to accommodate a variety of housing types suited to the various life styles of individuals and families particularly those residing within neighborhoods relatively near the central area of the Village.
(b) Zoning provisions within this district recognize the establishment of single-family homes upon small residential lots. Also recognized is the existence of larger homes which have been or can be converted from single-family to two-family, or in some cases, multi-family, to allow the owner to extend the economic life of these structures as well as justify the expenditure for rehabilitation and modernization. Medium density garden type apartment development is also accommodated within this zone.
(Ord. 82-1. Passed 2-16-82.)
1143.02 USES.
(a) Permitted Uses.
(1) Two-family dwelling.
(2) Multi-family dwelling.
(3) Family homes.
(4) Accessory buildings incidental to the principal use which do not include any activity conducted as a business.
(Ord. 82-1. Passed 2-16-82.)
(b) Conditional Uses.
(1) Any use allowed as a conditional use in the R-2 District with the exception of two-family dwellings which are permitted uses with this District.
(2) Single-family.
(3) Town houses.
(4) Residential conversions.
(5) Rooming house and boarding house accommodations.
(6) Community orientated residential social service facilities, not including family homes.
(7) Storage buildings.
(Ord. 2018-12. Passed 4-20-18.)
1143.03 LOT REQUIREMENTS.
(a) Single-Family.
(1) Minimum lot area: | 7,500 sq. ft. |
(2) Minimum lot width: | 60 feet |
(b) Two-Family.
(1) Minimum lot area: | 8,000 sq. ft. |
(2) Minimum lot width: | 70 feet |
(c) Multi-Family.
(1) Minimum lot area: | 3,500 sq. ft. per unit |
(2) Minimum lot width: | 90 feet |
(Ord. 82-1. Passed 2-16-82.)
1143.04 YARD REQUIREMENTS.
(a) Single-Family.
(1) Minimum front yard depth: | 25 feet |
(2) Minimum rear yard depth: | 30 feet |
(3) Minimum side yard width on each side: | 10 feet |
(b) Two-Family.
(1) Minimum front yard depth: | 25 feet |
(2) Minimum rear yard depth: | 30 feet |
(3) Minimum side yard width on each side: | 10 feet |
(c) Multi-Family.
(1) Minimum front yard depth: | 25 feet |
(2) Minimum rear yard depth: | 40 feet |
(3) Minimum side yard width on each side: | 10 feet |
1 (Ord. 82-1. Passed 2-16-82.)
1143.05 STRUCTURAL REQUIREMENTS.
(a) Single-Family. | |
Maximum building height: | 35 feet |
(b) Two-Family. | |
Maximum building height: | 35 feet |
(c) Multi-Family. | |
Maximum building height: | 35 feet |
(Ord. 82-1. Passed 2-16-82.)
1143.06 PARKING REQUIREMENTS.
1143.07 SIGNS.
1145.01 PURPOSE.
This district provides for multi-family residences, offices and service facilities in suitable locations in which they can support community needs without producing incompatible effects on adjacent uses. Such a district is particularly appropriate adjacent to arterial streets, as well as between commercial areas and residential neighborhoods.
(Ord. 1984-5. Passed 2-7-84.)
1145.02 USES.
(a) Permitted Uses.
(1) All permitted and Special Uses as provided within the R-3 Residential District.
(2) Professional offices of financial institutions, doctors, dentists, chiropractors, lawyers, engineers and similar type professions limited to three such professionals per site.
(3) Real estate, insurance and similar type offices provided no retail trade with the general public is carried on, and that no stock of goods is maintained for sale to customers.
(4) Barber and beauty shop (one chair operation only).
(5) Pet Grooming.
(6) Accessory buildings incidental to principal use.
(b) Conditional Uses. The following Special Uses are subject to review in accordance with Chapter 1191.
(1) Medical and dental clinics; professional offices as previously identified containing more than three such professionals per site.
(2) Antique, boutique, craft and similar type retail specialty shops of less than 500 square feet of gross sales area.
(3) Restaurant.
(4) Daycare.
(5) Funeral Homes.
(Ord. 2024-01. Passed 1-18-24.)
1145.03 LOT REQUIREMENTS. (1)
(a) Minimum lot area: | 7,500 sq. ft. |
(b) Minimum lot width: | 60 feet |
(Ord. 1984-5. Passed 2-7-84.)
1145.04 YARD REQUIREMENTS. (1)
(a) Minimum front yard depth: | 25 feet (2) |
(b) Minimum rear yard depth: | 35 feet |
(c) Minimum side yard width on each side: | |
(1) Professional offices (3 or less professionals) | 8 feet (3) |
(2) Professional offices (more than 3 professionals) | 10 feet (3) |
(Ord. 1984-5. Passed 2-7-84.)
1145.05 STRUCTURAL REQUIREMENTS.
(a) Maximum building height: | 35 feet |
(b) Structure size: | |
Office uses | Not to exceed 2,000 square feet |
(Ord. 1984-5. Passed 2-7-84.)
1145.06 PARKING AND LOADING REQUIREMENTS.
1145.07 SIGNS.
(Ord. 1984-5. Passed 2-7-84.)
(1) For uses permitted by right or special review within the R-3 District, the requirements of that district shall be applicable. Conditional Uses shall comply with all pertinent development standards contained in Chapter 1191.
(2) Average of adjoining front yard depths if same are less than twenty-five feet.
(3) Where a side lot line coincides with a side lot line in a Residential District, the side yard dimensions shall be provided adjacent to respective Residential Districts as follows: R-1:20 feet, R-2:15 feet, R-3:10 feet. In all cases a landscape screening of trees or compact hedge shall be provided.
(Ord. 1984-5. Passed 2-7-84.)
1147.01 PURPOSE.
The purpose of this zone is to encourage grouping of small individual establishments that will retail convenience goods and provide personal services responding to the daily staple needs for a neighborhood area. It is intended that the size of the commercial grouping be directly related to the purchasing power needed to support the types of uses permitted. Since the commercial establishments permitted in the Neighborhood Business District will be closely associated with residential, religious, recreational and educational land uses at the neighborhood level, more restrictive requirements for light, air, and open space are necessitated than in other commercial zoning districts. (Ord. 82-1. Passed 2-16-82.)
1147.02 USES.
(a) Permitted Uses.
(1) Drug store.
(2) Small food stores such as bake shops (retail only); candy and ice cream stores; grocery and delicatessen stores; carry out beverage and snack shops, pizzerias, (carry out only).
(3) Book and stationery store.
(4) Hardware and paint store.
(5) Liquor store.
(6) Barber shop.
(7) Beauty shop.
(8) Florist shop.
(9) Shoe repair shop.
(10) Pick-up stations for dry cleaning and laundry; dry cleaning and laundromats of the self-serve type.
(11) Doctors' and dentists' office.
(12) Real estate and insurance agency.
(13) Pet grooming.
(14) Accessory buildings incidental to the principal use which do not include any activity conducted as a business.
(b) Conditionally Permitted Uses.
(1) Five and ten cent or variety store.
(2) Branch banks.
(3) Supermarket.
(4) Preparation and processing of food and drink products to be retailed on the premises.
(5) Gasoline stations.
(6) Church and other buildings for the purpose of religious worship.
(7) Sales and repairs of small appliances, small garden implements, cabinet making or other wood working shops.
(8) Automobile and truck repair garages.
(9) Car washes.
(10) Bed & Breakfast/Guest Houses.
(11) Gym.
(12) One family apartment or one family home.
(Ord. 2024-01. Passed 1-18-24; Ord. 2024-15. Passed 10-17-24.)
1147.03 LOT REQUIREMENTS.
(a) Minimum lot area | 10,000 sq. ft. |
(b) Minimum lot width | No minimum requirement |
(Ord. 82-1. Passed 2-16-82.)
1147.04 YARD REQUIREMENTS.
(a) Minimum front yard depth: | 25 feet |
(b) Minimum rear yard depth: | 40 feet |
(c) Minimum side yard width on each side | 10 feet |
(d) Minimum side yard adjacent to residential districts: | 15 feet |
(Ord. 82-1. Passed 2-16-82.)
1147.05 STRUCTURAL REQUIREMENTS.
Maximum building height: 35 feet
(Ord. 82-1. Passed 2-16-82.)
1147.06 PARKING AND LOADING REQUIREMENTS.
1147.07 SIGNS.
1147.08 SUPPLEMENTARY REGULATIONS.
(a) Site Plan Approval Required. To minimize traffic congestion on major roads and to protect the surrounding residential areas from any adverse activities that may be associated with a commercial grouping, a site plan, showing the site layout, including the locations and dimensions of vehicular and pedestrian entrances, exits, driveways, walkways, and the vehicular circulation patterns to and from the site; store locations and dimensions, off-street parking spaces, landscaped yards, and the location, type, and lighting of signs shall be submitted to, and approved by, the Planning Commission.
(Ord. 82-1. Passed 2-16-82.)
1149.01 PURPOSE.
The purpose of this district is to provide for commerical establishments offering accommodations, supplies, and services to local as well as through automobile and truck traffic. Development within the Highway Service District should be controlled to assure that the operational characteristics are not in immediate and direct conflict with the function of adjacent land use areas or the street system. Establishments within this district can and should be a visual asset to the community because of their size and prominent location. Parking, storage, and accessory operations are to be screened. The relationship among establishments within this district is to be compatible with each having adequate space for the operation performed. (Ord. 82-1. Passed 2-16-82.)
1149.02 USES.
(a) Permitted Uses.
(1) Auto and truck rental.
(2) New and used car and truck sales.
(3) Gasoline service station.*
(4) Auto wash.*
(5) Trailer sale and rental.
(6) Motel.*
(7) Restaurant.
(8) Drive-in restaurant.*
(9) Bowling lanes.
(10) Church and other buildings for the purpose of religious worship.
(11) Tobacco shops, cigar stands, vape shops.
*See Chapter 1191 for additional developmental standards.
(b) Conditionally Permitted Uses.
(1) Governmentally or privately owned and/or operated parks, playground, amusement and recreation facilities golf courses.
(2) Farm equipment sales and service.
(3) Automobile and truck repair garages.
(4) Drive-in theatre.
(5) Mobile home sales.
(Ord. 2024-01. Passed 1-18-24.)
1149.03 LOT REQUIREMENTS.
(a) Minimum lot area: | 20,000 sq. ft. |
(b) Minimum lot width: | 150 feet |
(Ord. 82-1. Passed 2-16-82.)
1149.04 YARD REQUIREMENTS.
(a) Minimum front yard depth: | 80 feet |
(b) Minimum rear yard: | 50 feet |
(c) Minimum side yard width on each side: | 30 feet |
(Ord. 82-1. Passed 2-16-82.)
1149.05 STRUCTURAL REQUIREMENTS.
Maximum building height: | 35 feet |
(Ord. 82-1. Passed 2-16-82.)
1149.06 PARKING AND LOADING REQUIREMENTS.
1149.07 SIGNS.
1149.08 SUPPLEMENTARY REQUIREMENTS.
(a) Site Plan Approval Required. A site plan shall be submitted to the Planning Commission for approval. The site plan shall indicate that the following regulations have been met to minimize traffic congestion:
(1) Each lot shall provide a ten feet wide planting strip along the right-of-way line;
(2) No more than two driveway approaches shall be permitted;
(3) Each driveway shall not exceed thirty feet in width;
(4) Service roads for two or more uses shall be encouraged in order to reduce the number of access points along a major street.
(b) Data Required for Zone Change Requests. A request to rezone land to highway service commercial must be substantiated with evidence that:
(1) Such a use will not conflict with the intended function of a major street to carry traffic; and
(2) That the capacity of the streets will not be materially reduced by the additional commercial facilities.
(Ord. 82-1. Passed 2-16-82.)
1151.01 PURPOSE.
The purpose of this zone is to provide for a variety of retail, service, and administrative establishments which are required to serve the Village trading area population. This district is also intended to accommodate retail trade establishments in the community which cannot be practically provided for in a neighborhood commercial district development as well as those drawing from a relatively large trading area and requiring a highly accessible location.
(Ord. 82-1. Passed 2-16-82.)
1151.02 USES.
(a) Permitted Uses.
(1) Department store. (Ord. 82-1. Passed 2-16-82.)
(2) Establishments engaged in the retail trade of, such as:
A. Drugs.
B. Book and stationery store.
C. Apparel store.
D. Florist shop.
E. Antique store.
F. Sporting goods store.
G. Jewelry store.
H. Optical goods store.
I. Furniture, home furnishings, and office equipment and office supplies store.
J. Beverages.
K. Bakery/Ice cream store.
L. Photography.
M. Government buildings.
N. Funeral homes.
O. Nail salon.
(3) Establishments engaged primarily in the fields of finance, insurance, and real estate:
A. Bank.
B. Credit agency other than a bank.
C. Investment firm.
D. Real estate and insurance company.
(4) Establishments engaged in providing a variety of services to individuals and business establishments, such as:
A. Personal services such as barber and beauty shops, shoe repair shops, laundries, and dry cleaning.
B. Miscellaneous business services such as advertising, news syndicates and employment agencies.
C. Medical and other health services.
D. Engineering and architectural services.
E. Legal services.
F. Accounting, auditing, and bookkeeping services.
G. Nonprofit, professional, charitable and labor organizations.
H. Dance studio and school.
I. Bowling alley.
(5) Restaurants.
(6) Accessory building incidental to the principal use.
(b) Conditionally Permitted Uses.
(1) Cultural institutions, including public libraries, public art galleries, public museums.
(2) Church and other buildings for the purpose of religious worship.
(3) Food stores.
(4) Garden supply store.
(5) Hardware store.
(6) Motion picture and theatrical playhouse.
(7) Off-street parking lot.
(8) Wholesaling activities in conjunction with a permitted or conditional retail use. The area utilized for such purpose shall be less than the area utilized for the respective retail portion of the facility.
(9) Single family.
(10) Two family dwelling.
(11) Multi-family dwelling.
(12) Family homes.
(13) Town houses.
(14) Residential conversions.
(15) Rooming house and boarding house accommodations.
(16) Community orientated residential social service facilities, not including family homes.
(17) Accessory buildings incidental to the principal use which do not include any activity conducted as a business.
(18) Home occupation in a single-family dwelling.
(19) Other retail not otherwise specified. (Ord. 2024-01. Passed 1-18-24.)
1151.03 LOT REQUIREMENTS.
(a) Minimum lot area: | None |
(b) Minimum lot width: | None |
(Ord. 82-1. Passed 2-16-82.)
1151.04 YARD REQUIREMENTS.
No minimum yards are required except in cases in which the proposed development directly abuts a residentially zoned area without street separation; a side or rear yard shall be provided adjacent to the residential district which shall meet the side or rear yard requirements of the adjacent residential district.
(Ord. 82-1. Passed 2-16-82.)
1151.05 STRUCTURAL REQUIREMENTS.
(a) Maximum building height: | 80 feet |
(b) Floor area ratio: | 4.0 |
(Ord. 82-1. Passed 2-16-82.)
1151.06 PARKING AND LOADING REQUIREMENTS.
1151.07 SIGNS.
1153.01 PURPOSE.
The purpose of this district is to provide for:
(a) Certain commercial uses engaged in the storage, distribution, and handling of certain products, goods and materials which are believed out of scale or incompatible with retail commercial areas and;
(b) Industrial operations engaged in the fabrication, repair, or storage of manufactured goods of such nature that no objectionable by-products of the activity (such as odors, smoke, dust, refuse, electromagnetic interference, noise in excess of that customary to loading, unloading, and handling of goods and materials) are noticed beyond the site on which the facility is located.
(Ord. 82-1. Passed 2-16-82.)
1153.02 USES.
(a) Permitted Uses.
(1) Administrative, executive, financial, accounting, clerical and drafting offices.
(2) Any use whose principle function is basic research, design and/or pilot or experimental product development or technical training.
(3) Laboratories - experimental, film, testing, research, or engineering.
(4) Medical, dental, optical manufacturing.
(5) Automobile and truck service and repair.
(6) Warehousing, including food and grain storage, industrially related wholesale establishments.
(7) Printing, publishing, binding and typesetting plants.
(8) The manufacture, compounding processing, packaging, or treatment of such products as, but not limited to: bakery goods, boxes and paperboard containers, business machinery, candy, clocks and toys, cosmetics, electrical and electronic products, hardware and cutlery, tool, die gauge, machine shops and pharmaceuticals.
(9) The manufacture, compounding, assembling, or treatment of articles or merchandise from previously prepared materials such as, but not limited to: bone, canvas, cellophane cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stone, sheet metal (excluding large stampings such as automobile fenders or bodies) shell, textiles, tobacco, wax, wire, wood, (excluding saw and planning mills), and yarns;
(10) The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.
(11) The manufacture and repair of electric and neon signs.
(12) Light sheet metal products, including heating and ventilating equipment, cornices or eaves.
(13) Agriculture (excluding animals).
(14) Tobacco shops, cigar stands, vape shops.
(15) Accessory buildings incidental to the principal use.
(b) Conditional Uses.
(1) Electroplating.
(2) Graphic products manufacture.
(3) Laundries.
(4) Automobile service stations.
(5) Car washes.
(6) Garages for storage, repair, servicing of motor vehicles, including body repair, painting, and engine rebuilding.
(7) Fast food and drive-in restaurants.
(8) Cocktail lounges and adult entertainment businesses as further regulated by Chapter 1197 of the Lewisburg Codified Ordinances.
(9) Radio, television or other transmission towers and related station facilities.
(10) Yards of general contractors engaged in building or heavy construction; building materials storage and sales.
(11) Machinery and heavy equipment rental, sales and storage.
(12) Truck and motor freight terminals and hauling services.
(13) Other manufacturing, processing, or storage uses determined by the Planning Commission to be of the same general character as the permitted uses previously listed and found not to be obnoxious, unhealthful, or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, or glare, or heat. In this regard, the Planning Commission may seek expert advice of what conditions should be imposed on a particular operation to carry out the purposes of this zone; the cost of such expert assistance shall be borne by the applicant.
(14) Single-family dwelling.
(15) Home occupation in a single-family dwelling.
(16) Any other use that is not listed as either a permitted use or a conditional or conditionally permitted use found in Chapter 1139 (R-1 Suburban Residential District), Chapter 1141 (R-2 Urban Residential District), Chapter 1143 (R-3 Urban Residential District), Chapter 1145 (OR Office Residential District), Chapter 1147 (NB Neighborhood Business District), Chapter 1149 (HS Highway Service District), Chapter 1151 (CBD Central Business District), this Chapter 1153 (I-1 Light Industrial-Commercial District), Chapter 1155 (CD Conservation District), or Chapter 1157 (Flood Plain) of the Zoning Ordinance, provided that the approval of the use is given by a unanimous vote of the Board of Zoning Appeals, with or without special extra conditions attached to its approval. Note: The intent of this provision is to open up the possibility of any legal use of land within the Village, while at the same time containing such unusual, extraordinary, or miscellaneous uses of land to a I-1 Light Industrial-Commercial District (Chapter 1153), and then, only by a unanimous vote of the Board of Zoning Appeals, and then, possibly, with special extra conditions attached.
(Ord. 2024-01. Passed 1-18-24.)
1153.03 LOT REQUIREMENTS. (1)
(a) Minimum lot area: | None |
(b) Minimum lot width: | 100 feet |
(Ord. 82-1. Passed 2-16-82.)
1153.04 YARD REQUIREMENTS. (1)
(a) Minimum front yard depth: | 50 feet |
(b) Minimum rear yard depth: | (2) (3) |
(c) Minimum side yard width on each side: | (2) (3) |
(Ord. 82-1. Passed 2-16-82.)
1153.05 STRUCTURAL REQUIREMENTS.
Maximum building height: 45 feet
(Ord. 82-1. Passed 2-16-82.)
1153.06 PARKING AND LOADING REQUIREMENTS.
1153.07 SIGNS.
1153.08 SUPPLEMENTARY REGULATIONS.
(a) Site Plan Approval Required. A site plan shall be submitted to the Planning Comission for approval. Such site plan shall graphically include the location and dimensions of vehicular entrances, exits, internal circulation pattern, off-street parking and loading facilities, building locations and dimensions, storage facilities, landscaping and screening facilities.
(Ord. 82-1. Passed 2-16-82.)
_________________________________
(1) Conditional Uses shall comply with all pertinent development standards contained in Chapter 1191.
(2) Each side and rear yard shall be equal to the height of the principal building. If adjacent lots are industrially developed to the lot line, no side yard need be provided. Where a side or rear yard abut onto a residential district the yard shall in no case be less than fifty feet and a landscaped screening provided. An opaque fence may be substituted for such plantings if approved by the Planning Commission. If the use is to be serviced from the rear, the yard shall be at least fifty feet deep.
(3) Each side and rear yard for Conditional Uses shall be equal to two times the height of the principal building. If adjacent lots are industrially developed to the lot line, no side yard need be provided. Where a side or rear yard abuts onto a residential district, such yard shall in no case be less than 100 feet and a landscaped screening shall be provided. An opaque fence may be substituted for such plantings if approved by the Planning Commission. If the use is to be serviced from the rear, the yard shall be at least fifty feet deep.
1155.01 PURPOSE.
This zone is established for the following purposes:
(a) To protect undeveloped land located outside the present limits of urban services from indiscriminate development until urban services can be extended, enabling growth to be preplanned in a coordinated and efficient manner;
(b) To extend protection from urban encroachment to active agricultural enterprises and areas particularly suitable for open space and recreational use until required for urban expansion needs or public acquisition in the case of those areas possessing distinctive geologic and/or scenic values.
(Ord. 82-1. Passed 2-16-82.)
1155.02 USES.
(a) Permitted Uses.
(1) Agriculture (excluding animal sales lots and feed lots).
(2) Residences of farm workers incidental and necessary to agricultural operations conducted on the same parcel of land on which said residences are located.
(3) One-family dwelling.
(4) Hunting preserve.
(5) Wildlife refuge and game preserve.
(6) Accessory buildings incidental to the principal use which do not include any activity conducted as a business.
(b) Conditionally Permitted Uses.
(1) Home occupation.
(2) Mobile home substituted for a permitted dwelling. The permit shall be renewable yearly.
(3) Cemetery.
(4) Church and other buildings for the purpose of religious worship.
(5) Governmentally owned and/or operated building or facility.
(6) Sanitary landfill site.
(7) Soil removal, sand and gravel extraction operation.
(8) Kennel.
(9) Outdoor advertising billboard.
(10) Governmentally owned and/or operated park, playground.
(11) Recreational uses other than those governmentally owned and/or operated such as: swimming pools, outdoor rifle and skeet shooting range, and riding academy.
(Ord. 82-1. Passed 2-16-82.)
1155.03 LOT REQUIREMENTS.
(a) Minimum lot area: | 20 acres |
(b) Minimum lot width: | 300 feet |
(Ord. 82-1. Passed 2-16-82.)
1155.04 YARD REQUIREMENTS.
(a) Minimum front yard depth: | 65 feet |
(b) Minimum rear yard depth: | 60 feet |
(c) Minimum side yard width on each side: | 50 feet |
(Ord. 82-1. Passed 2-16-82.)
1155.05 STRUCTURAL REQUIREMENTS.
Maximum building height: 35 feet
(Ord. 82-1. Passed 2-16-82.)
1155.06 PARKING AND LOADING REQUIREMENTS.
1155.07 SIGNS.
1157.01 PURPOSE.
The purpose of the flood plain district is to guide development in the flood prone areas of any water course that are consistent with the requirements for the conveyance of flood flows, and to minimize the expense and inconvenience to the individual property owners and the general public through flooding. Uses permitted in this district are generally associated with open space, recreational, and agricultural land uses and shall not hinder the movement of floodwaters.
(Ord. 82-1. Passed 2-16-82.)
1157.02 USES.
(a) Permitted Uses.
(1) Agriculture (excluding animal sales lots and feed lots).
(2) Farm buildings necessary to a principal agricultural use but not including dwellings of a permanent or temporary nature.
(3) Wildlife refuge or game preserve.
(4) Hunting preserve.
(5) Private airport landing strip.
(b) Conditionally Permitted Use.
(1) Governmentally owned and/or operated parks, playgrounds, golf courses.
(2) Recreational uses other than those governmentally owned and/or operated such as swimming pools, golf courses, tennis clubs, riding academy, golf driving range, and outdoor rifle and skeet shooting range.
(3) Transient amusement activities such as a circus show, fair, and carnival rides, provided appropriate permits are issued.
(4) Soil removal, sand and gravel extraction operations.
(5) Parking: Auto (open lots only) excluding storage or salvage.
(Ord. 82-1. Passed 2-16-82.)
1157.03 LOT REQUIREMENTS.
(a) Minimum lot area: | 5 acres |
(b) Minimum lot width: | 300 feet |
(Ord. 82-1. Passed 2-16-82.)
1157.04 YARD REQUIREMENTS.
(a) Minimum front yard depth: | 50 feet |
(b) Minimum rear yard depth: | 50 feet |
(c) Minimum side yard width on each side: | 25 feet |
(Ord. 82-1. Passed 2-16-82.)
1157.05 STRUCTURAL REQUIREMENTS.
Maximum building height: 40 feet
(Ord. 82-1. Passed 2-16-82.)
1157.06 PARKING REQUIREMENTS.
1157.07 SIGNS.
1157.08 SUPPLEMENTARY REQUIREMENTS.
(a) Uses in a flood plain district shall have the site plan approved by the Planning Commission. The Planning Commission may approve the site plan provided that the following requirements are met:
(1) The location of the proposed use shall not place any material, matter, or structure which may impede, retard, or change the direction of the flow of the waters, and the proposed use will not catch, collect, or add to the debris carried by such water to the damage or detriment of public or private property adjacent to the river, stream, or channel.
(2) All buildings to be erected in the flood plain district shall be elevated so that the first floor shall be above the highest expected flood water level.1 No basement or other floor shall be constructed below or at a lower elevation than the first floor.
(Ord. 82-1. Passed 2-16-82.)
1 The boundaries of the highest expected flood water level should be determined by empirical studies (past flood records) and engineering and planning studies of rainfall and the expected future runoff rates. The applicant shall be responsible for establishing such evidence in regard to the proposed use.
1159.01 TYPES OF PLANNED DEVELOPMENTS.
Types of planned developments include PR (Planned Residential District), PMH (Planned Mobile Home Residential District), PC (Planned Commercial District), PI (Planned Industrial District). Use groupings within each district shall be governed by the requirements specified for each respective district described within Section 1159.09 through 1159.12.
(Ord. 82-1. Passed 2-16-82.)
1159.02 PURPOSES.
(a) Planned developments are of such substantially different character from other conditional uses that specific and additional standards and exceptions are hereby established to govern the actions of the Planning Commission.
(b) Planned development zoning is a privilege to be earned and not a right which can be claimed simply upon complying with all the standards established in this section. The Planning Commission and/or Council may require any reasonable condition or design consideration which will promote proper development of benefit to the community. It is not intended that the Commission and/or Council automatically grant the maximum use exceptions or density increase in the case of each planned development. The Commission and Council shall grant only such increase or latitude which is consistent with the benefit accruing to the Village as the result of the planned development. As a condition for approval, each planned development must be compatible with the character and objectives of the zoning district or districts within which it is located, and each planned development shall be consistent with the objectives of the Lewisburg Land Development Plan.
(c) Some specific purpose of the planned development procedure are:
(1) To take advantage of advances in technology, architectural design, and functional land use design;
(2) To recognize the problems of population density, distribution and circulation and to allow a deviation from rigid established patterns of land uses, but controlled by defined policies and objectives;
(3) To produce a comprehensive development equal to or better than that resulting from traditional lot by lot land use development;
(4) To permit flexibility of design in the placement, height, and uses of buildings and open spaces, circulation facilities and off-street parking areas, and to more efficiently utilize potentials of site, characterized by special features of geography, topography, size or shape.
(e) The Planning Commission shall not approve a request for a Planned Development unless it shall, in each specific case, make specific findings of facts directly based upon the particular evidence presented to it, which supports conclusions that:
(1) The Planned Development can be substantially completed within the period of time specified in the schedule of development submitted by the developer.
(2) The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development and the streets and driveways on the site of the proposed development will be adequate to serve the residents or occupants of the proposed development.
(3) The development will not impose an undue burden on public services and facilities, such as utilities, fire, and police protection.
(4) The Development Plan contains such proposed covenants, easements, and other provisions relating to the proposed development standards, as reasonable as are required for the public health, safety and welfare.
(5) The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a Planned Development not used for structures, parking and loading areas, or accessways, shall be landscaped or otherwise improved.
(6) Natural features such as water courses, trees, and rock outcrops will be preserved, to the degree possible, so that they can be incorporated into the layout to enhance the overall design of the Planned Development.
(7) The layout must be designed to take advantage of the existing land contours in order to provide satisfactory road gradients and suitable building lots and to facilitate the provisions of proposed services.
(8) In any development which is primarily designed for or occupied by dwellings, all electric and telephone facilities, steet light wiring, and other wiring conduits and similar facilities shall be placed underground by the developer, unless waived by the Planning Commission because of the technical reasons.
(Ord. 82-1. Passed 2-16-82.)
1159.03 PROCEDURE FOR APPROVAL.
(a) Preapplication Conference.
(1) Prior to filing a formal application for approval of a Planned Development, the developer shall request a preapplication conference with the Planning Commission.
(2) The purpose of such conference is to allow the developer to present a general concept of his proposed development prior to the preparation of detailed plans. For this purpose the presentation shall include, but not be limited to, the following:
A. Written "letter of intent" from the developer establishing his intentions as to development of the land.
B. Topographic survey and location map.
C. Sketch plans and ideas regarding land use, dwelling type and density, street and lot arrangement, and tentative lot sizes.
D. Tentative proposals regarding water supply, sewage disposal, surface drainage, and street improvements.
(3) The Planning Commission shall advise the developer of the zoning requirements and Village Plans which might affect the proposed development as well as the procedural steps for approval.
(b) Preliminary Plan. The Preliminary Plans of the Planned Development shall be filed with the Zoning Inspector, who shall in turn forward copies to the Planning Commission for consideration.
The required procedure for consideration and approval of the preliminary plan shall be:
(1) Submission of the following:
A. Written application for approval of a Planned Development shall be made on forms and in the manner prescribed by the Village.
B. The application shall be accompanied by a fee consistent with Section 1119.12.
(2) The Planning Commission shall study material received and confer with other agencies of government as appropriate in the case to determine general acceptability of the proposal as submitted. In the course of such preliminary consideration, the Planning Commission may request and the applicant shall supply additional material needed to make specific determinations.
(3) Following such study, the Planning Commission or its staff shall hold a conference or conferences with the applicant to discuss desirable changes in the first or succeeding drafts of the preliminary development plan and report.
(4) Recommendations of the Planning Commission to the applicant shall be in writing, and following any such conference, agreements between the applicant and the Planning Commission as to changes in the preliminary plan and report or other matters to be recorded and acknowleged by the Planning Commission and the applicant. On items on which no agreement is reached, or there is specific disagreement, this fact shall be recorded, and the applicant may place in the record his reasons for any disagreement.
(5) When the preliminary development plan and report has been approved in principle (as a whole or with reservations specifically indicated) or when the applicant indicates in writing that no further negotiations with the Planning Commission are desired before proceeding, the Planning Commission shall schedule the proposed plan for a public hearing, following which it shall make its recommendations to Council. Such recommendations shall indicate approval, approval with specific reservations, or disapproval with reasons. With such recommendations, the Planning Commission shall transmit within sixty days the latest draft of the preliminary plan and report submitted by the applicant, a record of agreements reached, and matters on which there was no specific agreement, including any reasons recorded by the applicant for any such disagreement.
(6) Council shall schedule a public hearing for the preliminary plan and respective planned development zone designation after receiving the proposal from the Planning Commission. Within sixty days, Council shall approve the proposal, approve subject to conditions, or deny the proposal. If approved, the area of land marked shall be redesigned PR (Planned Residential District), PMH (Planned Mobile Home Residential District), PC (Planned Commercial District), or PI (Planned Industrial District), and shall be used only in accordance with the uses and densities shown on the Planned Development Preliminary Plan.
(c) Final Plan. The final Planned Development plan shall conform substantially to the preliminary plan. If desired by the developer, it may be submitted in stages with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:
(1) The final plan and supporting data shall be filed with the Zoning Inspector who in turn forwards copies to the Planning Commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.
(2) After review of the final plan and supporting data, the Planning Commission shall approve or disapprove the plan within sixty days after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons therefor.
(3) The Planning Commission shall then forward the final plan together with their recommendations to Council. Council shall review the recommendations of the Planning Commission at the next regular meeting of Council, and shall approve, approve subject to conditions, or deny the final application.
(d) Recording of Final Development Plan.
(1) After approval by Council of the final plan, the Zoning Inspector shall see that all requirements of Section 1159.14 have been complied with before the Final Development Plan is presented to the Preble County Recorder for recording.
(2) The purpose of such recording is to designate with particularity the land subdivided into conventional lots as well as the dimension of other lands, not so treated, into common open areas and building areas, and to designate each building or structure, as well as the use of the land in general.
(3) No Final Development Plan within the corporate limits of Lewisburg shall be so recorded unless it shall have the approval of Council inscribed thereon.
(e) Building Permit. No building permit shall be issued by the Building Inspector until the Final Development Plan has been approved and duly recorded and the Planning Commission has approved the detailed plans (described in Section 1159.14
(c)).
(f) Utilities. The building official shall issue no certificate of occupancy until all utilities have been accepted by the Village in accordance with the Final Development Plan.
(Ord. 82-1. Passed 2-16-82.)
1159.04 CHANGES IN THE PLANNED DEVELOPMENT.
A Planned Development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use or premises (including the interval use of buildings and structures) and location of structures in the Planned Development as set forth therein.
(a) Major Changes. Changes which alter the concept or intent of the Planned Development including increases in the number of units per acre, change in location or amount of non-residential land uses, more than fifteen percent (15%) modification in proportion of housing types, significant redesign of roadways, utilities or drainage, may be approved only by submission of a new preliminary plan and supporting data, and following the "preliminary approval" steps and subsequent amendment of the final Planned Development Plan.
(b) Minor Changes. The Zoning Inspector, upon notifying the Planning Commission, may jointly approve minor changes in the Planned Development which do not change the concept or intent of the development, without going through the "preliminary approval" steps. Minor changes are defined as any change not defined as a major change.
(Ord. 82-1. Passed 2-16-82.)
1159.05 SCHEDULE OF CONSTRUCTION.
The Planning Commission shall consider the planned development subject to revocation if construction falls more than one year behind the schedule filed with the final plan.
(Ord. 82-1. Passed 2-16-82.)
1159.06 EFFECT OF DENIAL OF A PLANNED DEVELOPMENT.
No application for a planned development, which has been denied wholly or in part by the Planning Commission and Council shall be resubmitted for a period of one year from the date of such order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission and Council.
(Ord. 82-1. Passed 2-16-82.)
1159.07 REVOCATION.
In any case where a planned development has not been established (substantially under way) within one year from the date of granting thereof, then, without further action by the Planning Commission, the planned development authorization thereof shall be null and void.
(Ord. 82-1. Passed 2-16-82.)
1159.08 VIOLATIONS.
Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined as specified in Section 1119.99.
(Ord. 82-1. Passed 2-16-82.)
1159.09 PLANNED RESIDENTIAL DEVELOPMENT.
(a) Policies Underlying Use of Zone. This district is intended to provide a good deal of flexibility in the arrangement and design of residential dwellings, based upon a unified development plan conceived and carried out for an entire area. Within this district, appropriate and reasonable population density is maintained while a variety of dwelling unit types is permitted. Natural features such as topography, trees and drainage ways are encouraged to remain in their natural state to the degree possible. Such developments are generally characterized by a significant proportion of usable open space, and a unified design concept with particular attention devoted to the periphery of the development, with the objective being the compatibility of the development with its surroundings.
(b) Permitted Uses.
(1) Those uses included as permitted and accessory uses in R-1 through R-3 Residential Districts developed in a unified manner in accordance with the approved development plan.
(2) Convenience establishments as accessory uses which have been established as necessary for the proper development of the community and to be so located, designated and operated to serve primarily the needs of the persons within the Planned Development if specifically approved as part of the Planned Development Plan. Uses shall be generally limited to those uses permitted in the NB District, with no direct access or advertising signs for such uses to be visible from the exterior of the development.
(3) Such convenience establishments and their parking areas shall not occupy more than five percent (5%) of the total area of the development.
(4) No separate building or structure designed or intended to be used, in whole or part, for business purposes within a Residential Planned Development shall be constructed prior to the construction of not less than thirty percent (30%) of the dwelling units proposed in the development plan.
(c) Area Requirements. The minimum land area required for a Planned Residential Development shall be five acres. This area requirement may be varied at the discretion of the Planning Commission and Council if it can be demonstrated that a variance is necessary to achieve an improved site design and that surrounding neighborhoods and public facilities will not be adversely affected.
(d) Density Requirements. Any combination or cluster of housing units is permitted, provided that the average lot area per family or dwelling unit contained in the site, exclusive of the area of street rights-of-way, parking areas and commercial area, will not be less than eighty percent (80%) of the lot area per family required in the district in which the site is located. This density requirement may be varied at the discretion of the Planning Commission and Council if it can be demonstrated that a variance is necessary to achieve an improved site design and that surrounding neighborhoods and public facilities will not be adversely affected.
(e) Site Design.
(1) Alll housing shall be sited to preserve privacy and to ensure natural light.
(2) Lot widths may be varied to permit a variety of structural designs. It is also recommended that setbacks be varied.
(3) Every housing unit should be situated to abut upon common open space or similar areas. A clustering of dwellings is encouraged.
(f) Structure Spacing. A minimum of fifteen feet shall be maintained between principal structures.
(g) Length. There shall be no continuous structure of town houses, attached dwellings or apartments containing more than twelve dwelling units side by side.
(h) Height. The height of any residential structure within a planned unit development shall not exceed thirty five feet, unless it can be demonstrated that an additional height is required with provisions of suitable open space to protect adjacent structures from adverse reduction of light and air.
(i) Set Back and Screening. A set back of fifty feet shall be provided along the entire perimeter of the development and retained in natural woods, or be suitably landscaped with grass and/or ground cover, shrubs and trees. Projects located adjacent to Commercial or Industrially zoned areas shall provide screening facilities comprising landscaping, walls or both which will provide suitable protection to the residential development as adjudged by the Planning Commission and Village Council. Screening facilities shall not obscure traffic visibility within fifty feet of an intersection.
(j) Common Open Space. A minimum of twenty five percent (25%) of the land in any planned residential development shall be reserved for permanent common open space and recreational facilities for the residents or users of the area being developed. Only areas having minimum dimensions of fifty feet by 100 feet shall qualify for computation as usable open spaces.
(Ord. 82-1. Passed 2-16-82.)
1159.10 PLANNED MANUFACTURED HOME RESIDENTIAL DISTRICT.
(a) Policies Underlying Use of Zone. This district is intended to permit the development of Manufactured Home Parks in association with other residential development types while maintaining a reasonable population density and by providing for the unique requirements for this type of development. The provisions of this district are established to assure that the site design and arrangement in relation to other areas together with the provisions of associated facilities result in an attractive, orderly and efficient residential environment of sustained desirability in harmony with adjacent areas.
(b) Permitted Uses.
(1) Manufactured home parks.
A. Manufactured home (not self-propelled vehicles).
B. Modular or sectional homes.
(c) Accessory Use.
(1) Coin-operated laundry, laundry and dry cleaning pick-up stations for use of tenants only. No external sign of any nature whatsoever shall be permitted.
(2) Other accessory uses, buildings or structures customarily incidental to the aforesaid use.
(3) On-site manufactured home sales. The sales of manufactured homes within a manufactured home park or subdivision shall be a conditional use having a one year duration. Such use shall be reviewed at the end of the first year for possible extension for an additional year, in total representing a maximum two year duration. Such sales areas shall be well screened from the residential section of the park or subdivision and shall be located at the periphery of the site. All signs used for advertising shall be unobtrusive to the surrounding property.
(4) Neighborhood commercial facilities. In manufactured home parks of fifty acres or more, neighborhood commercial facilities such as markets, barbers, beauty shops, doctor's office, etc. may be planned in conjunction with a manufactured home park but may not be physically occupied until the park is seventy-five percent (75%) occupied by residents.
(d) Minimum Floor Area. Individual manufactured homes located within the PMH district shall have a minimum floor area of 1000 square feet.
(e) Area Requirements. Each manufactured home park shall have a minimum gross site area of ten acres.
(f) Density Requirements. Gross density for a manufactured home park shall not exceed six dwelling units per acre.
(g) Utilities.
(1) Public utilities. Each manufactured home park shall be served by public water and sewer systems.
(2) Underground Utilities. In each manufactured home park all wires, cables, and lines providing telecommunication, including cable television, and electric utility services and connections of such utility systems to buildings and light poles in such parks, shall be located underground.
(3) Manufactured home parks shall meet the requirements of the Ohio Sanitary Code adopted by the Public Health Council under the authority of Ohio R. C. 3733.20.
(h) Streets and Pedestrian Ways.
(1) Access. Each manufactured home park shall have direct access to a principal county, township, city, or state highway or arterial street or road.
(2) Streets.
A. Alignment. Streets should be adapted to the topography and should have suitable alignment and gradient for traffic safety, satisfactory surface and ground water drainage, and proper functioning of sanitary and storm sewer systems.
B. Flexible pavement. The required base should be a minimum of eight inches thick and composed of crushed stone, gravel, or other appropriate durable material compacted to the practical maximum density. The wearing surface should be bituminous concrete a minimum of one and one-half inches thick compacted to the maximum practical density.
C. Rigid pavement. Where Portland cement concrete is used, it should not be less than five inches thick on a prepared sub-grade constructed in accordance with accepted practices, with expansion joints where driveways and walks abut each other or the curb.
D. Width. The minimum pavement width of interior one way streets with parking permitted on one side shall be twenty feet. The minimum pavement width of two way streets with parking permitted on one side shall be thirty feet. The minimum width of two way streets without parking permitted shall be twenty-four feet.
(i) Landscaping. In all manufactured home parks, the following landscaped provisions shall apply:
(1) Along each property line, and within the fifty foot setback area, there shall be provided screen fencing, landscape planting or a landscape berm or a combination thereof which shall be so designed or planted as to be twenty five percent (25%) or more opaque when viewed horizontally between two feet and eight feet above average ground level.
(2) Trees of at least one inch caliper shall be installed on both sides of all streets within the manufactured home park at a spacing of fifty feet between trees.
(j) Setback Requirements. The following setback requirements for all manufactured homes located in a manufactured home park shall apply:
(1) From all perimeter lot lines: 50 feet.
(2) From any manufactured home located in the manufactured home park: 18 feet.
(3) From any community building: 50 feet.
(4) From any public or private street located within the park: 18 feet.
(k) Required Open Space. A minimum of ten percent (10%) of the gross site area shall be set aside and reserved for usable open space. Such open space shall be in one or more parcels, not less than one acre each. The minimum dimension of such open space shall be 200 feet in any direction. For the purposes of this section, "Usable Open Space" means parks, common open areas, and areas containing a combination of community service buildings (clubhouses, swimming pools, etc.) and outdoor recreation areas.
(l) Parking Requirements. Two paved, off-street parking spaces having a minimum area of 200 square feet shall be provided for each manufactured home site. Such parking space shall be located either on the manufactured home site, behind the front setback area, or in a common parking area within the manufactured home park.
(m) Signs. Signs within the manufactured home development shall be limited to a name plate attached to each manufactured home, which is no larger than one square foot, directional signs indicating the location of utility buildings, including management office, parking areas and common recreation areas, and traffic control signs.
(n) Miscellaneous Requirements.
(1) Lighting. Appropriate lighting shall be provided along all interior roadways, and walkways. All lights shall be so positioned and shaded to avoid a glare on adjoining properties.
(2) Drainage. Each manufactured home space shall be so constructed to provide adequate storm water drainage from ramps, patios, and all walls and foundations of the manufactured home to the roadway.
(3) Fuel supply. Where fuel is stored in outdoor storage tanks, they shall be supported by a concrete base and screened from view of surrounding manufactured home spaces and the street.
(4) Enclosed undercarriage. All manufactured homes located in manufactured home parks shall be enclosed from the bottom of the structure to the ground.
(5) Refuse containers. All refuse containers shall be screened from view of surroundings manufactured home spaces and the street.
(Ord. 1996-22. Passed 12-26-96.)
1159.11 PLANNED COMMERCIAL DISTRICT.
(a) Policies Underlying Use of Zone. This district is provided in recognition that many commercial establishments seek to develop within unified commercial areas, usually under single ownership and control, and typically called "shopping centers". Within the premises of the zone, such centers would have all necessary services and facilities comprehensively provided in accordance with an approved development plan. Provisions of this zone are formulated to achieve harmoniously designed structures upon a well landscaped site, achieving a high degree of pedestrian-vehicular separation, all of which would be compatible with surrounding land uses.
(b) Permitted Use. Those uses included as permitted and accessory uses in OR, NB, HS, and CBD Business Districts.
(c) Arrangement of Commercial Uses.
(1) Commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egrees points in order to reduce the number of potential accident locations at intersections with thoroughfares.
(2) The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding existing or potential developments.
(d) Area Requirements. The minimum land area for a Planned Commercial Development shall be two acres.
(e) Structure Spacing. A minimum of twenty feet shall be required between adjacent principal buildings.
(f) Setback and Screening.
(1) A setback of fifty feet shall be provided along the entire perimeter of the development, except where it adjoins a Business or Industrial District in which case setback and screening requirements shall be at the discretion of the Planning Commission. Where situated adjacent to a residentially zoned area, a minimum of twenty feet along the exterior property line shall be planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting. Screening facilities shall not obscure traffic visibility within fifty feet of an intersection.
(2) Vehicular access through such landscaped strip when adjacent to residential areas shall be permitted only for convenience of residents of adjoining residential areas, and not for use by the general public.
(Ord. 82-1 Passed 2-16-82.)
1159.12 PLANNED INDUSTRIAL DISTRICT.
(a) Policies Underlying Use of Zone. The provisions of this district are provided in recognition that many industrial establishments seek to develop within unified industrial areas having all necessary services and facilities comprehensively provided in accordance with a predetermined development plan. As in the Planned Commercial Zone, provisions of this zone are formulated to encourage a high degree of coordinated development upon well landscaped premises. Particular attention is devoted to design of the periphery of the development with the objective of compatibility with surrounding land uses.
(b) Permitted Uses. Those uses included as permitted and accessory uses in I-1 Industrial District.
(c) Arrangement of Industrial Uses.
(1) A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.
(2) Industrial uses and parcels shall be developed to the degree possible utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks, and/or outdoor storage of raw material or products.
(d) Area Requirements. The minimum land area for a Planned Industrial Development shall be ten acres.
(e) Structure Spacing. A minimum of fifty feet shall be required between adjacent buildings.
(f) Setback and Screening. A setback of 100 feet shall be provided along the entire perimeter of the development, except where it adjoins a business or Industrial District in which case setback and screening requirements shall be at the discretion of the Planning Commission. Where situated adjacent to a residentially zoned area, a minimum of thirty feet along the exterior property line shall be retained in natural woods, or be suitable landscaped with a dense planting of evergreens not less than four feet in height at the time of planting. Such landscaping shall be fifty percent (50%) or more opaque when viewed horizontally between two feet and eight feet above average ground level. A suitably designed fence or wall may be substituted for such screen plantings at the discretion of the Planning Commission, if in certain cases natural plantings are deemed infeasible. Screening facilities shall not obscure traffic visibility within fifty feet of an intersection.
(Ord. 82-1 Passed 2-16-82.)
1159.13 PRELIMINARY PLAN STAGE REVIEW.
(a) Application. An application for preliminary planned unit development shall be filed with the Chairman of the Planning Commission by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate:
(1) Name, address and phone number of applicant.
(2) Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan.
(3) Legal description of property.
(4) Description of existing use.
(5) Zoning district(s).
(b) Material to be Submitted with Applications.
(1) Identification of all property owners within the proposed district, evidence of unified control of the entire area of the district, tentative agreement of all owners to proceed with development according to plans, and timing schedule approved if the proposed amendment is passed, and to bind their successors in title to abide by any final commitments made, and evidence of financial capability to complete the development according to plan or to provide adequate sureties for completing.
(2) A map or maps indicating the relation of the proposed district to the surrounding area. As appropriate to the development proposed, such map or maps shall demonstrate access to major streets, and show the approximate location and sizes of existing public sewers, water lines and storm drainage systems and other utilities systems and installations which will be expected to serve the development. In the case of planned developments, to contain housing, location of schools and nearby commercial facilities shall be indicated.
(3) Topographic data map drawn to a scale of 100 feet to one inch by a registered surveyor and/or engineer showing:
A. Boundary lines; bearings and distances,
B. Easements; location, width, and purpose,
C. Wooded areas, streams, lakes, marshes, and any other physical conditions affecting the site,
D. Ground elevations of the tract; for land that slopes less than one half percent (.5%), show one foot contours; for land that slopes more than one half percent (.5%) show two contours,
E. If deemed necessary, subsurface conditions on the tract, including the location and results of tests made to ascertain the conditions of the subsurface soil, rock and ground water, and the existing depth of the groundwater.
(c) A preliminary development plan and report, with maps at a scale of 100 feet or less to the inch, including as appropriate to the following information, presented in generalized form:
(1) Proposed land uses and appropriate height, bulk and location of principal structures sufficient to permit an understanding of the style of the development. Proposals containing residential units shall specify the number of housing units by size and type proposed within the initial phase of the proposal or within the overall development if the development is not to be staged.
(2) Proposed automotive and pedestrian circulation patterns, including streets by type (major, collector, or minor) width, public or private, and pedestrian ways. Existing or plotted streets proposed to be vacated.
(3) Major off-street parking areas.
(4) Proposed parks, playgrounds, school sites, pedestrian parkways and other major open spaces as well as the general form of organization proposed to own and maintain any common open space.
(5) General location of utilities installations and easements.
(6) If development is to be in stages indication as to order and timing of development, and demonstration that each stage, when completed, would compliment any completed earlier, and would form a reasonably independent unit even though succeeding stages were delayed.
(7) Proposals for expediting provisions of public facilities, utilities or services where lacking or unlikely to be available when needed for the planned development, or for providing suitable private facilities, utilities or services. A report shall be provided if appropriate in a particular development, containing proposals for improvement and continuing maintenance and management of any private streets.
(8) The substance of covenants, grants and easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities.
(Ord. 82-1 2-16-82.)
1159.14 FINAL PLAN STAGE.
(a) Plans and Reports. Final development plans and reports shall include:
(1) A map or maps in the form required by the Subdivision Regulations for final plats of subdivisions, with such modifications and additions as required concerning such items as building sites when used as a substitute for lots, common open space not dedicated for public use, and other matters as appropriate to planned developments generally or to the specific planned development.
Similar modifications of standards contained in the Subdivision Regulations or in other regulations or policies applying generally may be reflected in such maps and report if the Planning Commission shall find and shall certify, after consultations with other agencies of government as appropriate in the specific case, that the public purposes of such regulations or policies are as well or better served by specific proposals of the formal plan and reports.
(2) A general site and land use plan for the planned development as a whole, indicating sub-areas for phased development if any, and showing location and use of structures and portions of structures in relation to building site lines, building sites reserved for future use and uses for which sites are reserved, automotive and pedestrian circulatory networks, principal parking areas, open space not in building sites and use for which it is intended, and such other matters as are required to establish a clear pattern of the relationships to exist between structures, uses, circulation and land.
(b) Agreements, Contracts, Etc. Agreements, contracts, deed restrictions, and sureties:
The applicant shall guarantee the installation of the public improvements specified in the Final Development Plan through one of the following methods:
(1) Filing a performance and labor and material payment bond in the amount of one hundred ten percent (110%) of the estimated construction cost as determined by the Village.
(2) Depositing or placing in escrow or certified check, cash, or other acceptable pledge, in the amount of one hundred ten percent (110%) of the construction cost as approved by the Village.
(c) Detailed Plans. Before any building permit may be issued in the planned development, detailed plans for individual buildings or groups of buildings shall be submitted to the Planning Commission for approval. Such plans shall be in accord with the final development plan and report as approved by the Planning Commission, and shall be in sufficient detail to permit determinations as to compliance with the requirements of the Zoning Ordinance with respect to the particular planned development district and uses involved. The plans shall include:
(1) Site plans for the building site or sites, indicating relationship to adjoining areas.
(2) Floor plans of the buildings involved, indicating horizontal dimensions, uses of space, and floor areas.
(3) Elevations of the buildings involved, indicating height and, if required in determinations for the particular building or use, location and dimensions of all windows and other glassed areas.
(Ord. 82-1 Passed 2-16-82.)