Louisville City Zoning Code
CHAPTER 1154
Density and Dimensional Regulations
1154.01 CREATION OF NEW LOTS.
(a) Minimum Lot Requirements. Lots shall be arranged and designed to meet all zoning requirements of the district in which they are located and are appropriate to the location of the subdivision, as specified in subsection (b) (Lot Standards Matrix).
(1) Effect of on-site sewage treatment system. Lots that are not served by a public sanitary sewer shall meet the area requirements established by the Stark County Board of Health if a greater area is required than specified herein.
(2) Frontage along public street.
A. No building site shall be created that does not front on a public street, except for planned unit developments which contain privately owned streets maintained by a owners' association.
B. Flag Lots. An application for the creation of a lot that has less than the specified lot frontage along a public street shall require a variance. If such "flag lot" is approved, the front setback shall begin at the point from a line parallel to the street where the lot satisfies the minimum specified lot frontage requirement.
(3) Lot shape. No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that could be used for purposes that are permissible in that zoning district, and could satisfy any applicable setback requirements for that district.
(4) Lot depth to width ratio. The average depth of a lot shall not exceed three and one-half times its average width.
(Ord. 09-20. Passed 6-22-09.)
(b) Lot Standards Matrix.
District | Type of Building | Minimum Lot Size | Minimum Lot Frontage | Minimum Lot Width at Building Line |
F-P | All | 3 acres | 150 ft. | 200 ft. |
A-1 | All | 5 acres | 50 ft. | 100 ft. |
P-CD | See Chapter 1156 (Planned Conservation Development District) | |||
R-1 | Single-Family | 12,000 s.f. | 50 ft. | 80 ft. |
R-2 | Single-Family | 10,000 s.f. | 50 ft. | 80 ft. |
Two-Family | 15,000 s.f. | 100 ft. | ||
R-3 | Single-Family | 10,000 s.f. | 50 ft. | 80 ft. |
Two-family | 15,000 s.f. | 100 ft. | ||
Multifamily | 18,000 s.f. for first three units plus 5,000 s.f. for each additional unit | 120 ft. | ||
B-1 | All | None | None | None |
B-2 | All | One-half acre | 100 ft. | 100 ft. |
B-3 | All | None | None | None |
B-4 | All | None | 50 ft. | 50 ft. |
B-5 | All | None | 50 ft. | 50 ft. |
I-1 | All | One-half acre | 80 ft. | 100 ft. |
I-2 | All | One-half acre | 100 ft. | 100 ft. |
PGMI | All | 5 acres | 200 ft. | 200 ft. |
(Ord. 11-54. Passed 12-19-11; Ord. 17-03. Passed 1-23-17.
(c) Double Frontage or Reversed Frontage Lots.
(1) General restriction. Double frontage or reversed frontage lots shall be prohibited except where they are deemed necessary by the Planning Commission to provide separation of residential development from traffic arteries or to overcome unusual topographic conditions.
(2) Planting screens or fences. The Planning Commission may require planting screens or fences where reverse frontage lots abut a major arterial street or between a major arterial thoroughfare and marginal access street, provided that such planting screens or fences shall not constitute a safety hazard. A plan of proposed planting screens or fences shall be submitted for approval with the Final Plat.
(d) Variable Lot Size Development Option. As a Conditional Land Use option in the R-1, R-2, and R-3 Districts, an applicant may apply to the Planning Commission for a Variable Lot Size Development subject to the following requirements:
(1) Each variable lot size development shall consist of a minimum of three (3) acres.
(2) Overall density requirements of the zoning district or districts within which the project is located shall not be exceeded.
(3) The average net area of all lots within a Variable Lot Size Development shall not be less than the minimum lot size specified in Section 1154.01(b) for the district in which the development is located, provided that no individual lot shall be less than the following minimum lot size:
District | Type of Building | Minimum Lot Size |
R-1 | Single-family | 8,000 s.f. |
R-2 | Single-family | 6,000 s.f. |
Two-family | 10,000 s.f. | |
R-3 | Single-family | 6,000 s.f. |
Two-family | 10,000 s.f. | |
Multifamily | 15,000 s.f. for first three units plus 2,000 s.f. for each additional unit |
(4) Unless otherwise specified during subdivision review, minimum yard and frontage requirements for each lot in a variable lot development may be reduced in proportion to the total reduction in lot size below the standard zoning requirements for the zone in which the lot is located.
(5) Review of a Variable Lot Size Development Option subdivision by the Planning Commission will include consideration of the variable lot sizes as a condition for approval of the subdivision. Subdivision approval and variable lot size approval may take place concurrently.
(6) Upon approval of the Variable Lot Size Development Option, such lots shall be placed on the subdivision map and filed with the City Zoning Inspector. At the time of filing, the approved lot lines shall become binding to each lot as they appear on the final subdivision map.
1154.02 REQUIRED YARDS AND OPEN SPACES.
Building setback lines, maximum lot coverage, and minimum usable open space shall not be less than required in this section or regulations applicable to a specified land use.
(a) General Yard Standards Matrix.
Side Yard Minimum Width | |||||||
District | Building Type | Front Yard Minimum Depth | One Side | Min. Total for Both Sides | Rear Yard Minimum Depth | Maximum Impervious Surface Lot Coverage | Minimum Usable Open Space |
F-P | All | 50 ft. | 25 ft. | 50 ft. | 50 ft. | -- | -- |
A-1 | All | 40 ft. | 15 ft. | 30 ft. | 40 ft. | 40% | -- |
P-CD | See Chapter 1156 (Planned Conservation Development District) | ||||||
R-1 | 1 story: | 40 ft. | 10 ft. | 20 ft. | 40 ft. | 40% | -- |
2 story: | 40 ft. | 10 ft. | 25 ft. | 40 ft. | 40% | -- | |
R-2 | All | 40 ft. | 10 ft. | 20 ft. | 40 ft. | 40% | -- |
R-3 | S-F: | 40 ft. | 10 ft. | 20 ft. | 40 ft. | 50% | 30% of the actual lot area |
2-F: | 40 ft. | 10 ft. | 20 ft. | 40 ft. | 50% | ||
M-F: | 50 ft. | 15 ft. | 30 ft. | 40 ft. | 40% | ||
B-1 | All | 50 ft. | 15 ft | 30 ft. | 25 ft. | -- | -- |
B-2 | All | 50 ft. | 25 ft. | 50 ft. | -- | -- | -- |
B-3 | All | None | None | None | -- | -- | |
B-4 | All | 50 ft. | 10 ft. | 20 ft. | 10 ft. | -- | -- |
B-5 | All | 50 ft. | 10 ft. | 20 ft. | 25 ft. | -- | -- |
I-1 | All | 40 ft. | 25 ft. | 50 ft. | 25 ft. | 75% | -- |
I-2 | All | 50 ft. | 25 ft. | 50 ft. | 25 ft. | 75% | -- |
PGMI | All | 50 ft. | 25 ft. | 50 ft. | 50 ft. | 50% | 15% of total lot area |
(1) Exceptions for accessory structures and uses.
A. A detached accessory building or structure shall not exceed one story or 15 feet in height, shall be located behind the rear line of the principal building, shall not be nearer than four feet in any lot line, provided that where the side yard abuts upon a side street, such accessory building shall not extend nearer to the side street lot line than the main portion of the principal building, and in no case shall the entrance door to a garage be less than 20 feet from any street lot line. No more than two (2) accessory structures shall be permitted on a residential lot/parcel.
B. Accessory buildings may be built within five (5) feet of an alley.
(Ord. 17-03. Passed 1-23-17.)
(2) Measurement of setbacks.
A. No space which, for the purpose of a building, has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by these regulations may by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirement of or for any other building.
B. Where an I-District abuts but is separated from an R District by a street the width of the street may be considered as part of the required setback.
(3) Corner lot traffic visibility. No obstruction to view in excess of two (2) feet in height shall be placed on any corner lot within a triangular area formed by the street right-of-way lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, except that trees are permitted which are pruned at least eight (8) feet above the established grade of the roadway so as not to obstruct clear view by motor vehicle drivers.
(4) Projections into yard areas.
A. Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard and except for the ordinary projections of skylights, sill, cornices, and ornamental features projecting not to exceed twelve (12) inches.
1. This requirement shall not prevent the construction of fences not exceeding six (6) feet in height except on that portion of lots within thirty (30) feet of the intersection of two or more streets.
2. Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the level of the ground (first) story may project into a required side yard, provided these projections are at least two (2) feet from the adjacent lot line.
3. The ordinary projections of chimneys or flues are permitted into the required side, rear, and front yards.
B. An open unenclosed porch or a paved terrace may project into the front yard for a distance not to exceed ten (10) feet.
(b) Minimum Setback Requirements for Nonresidential Yards Adjoining Any Residential District. Where a nonresidential or multi-family land use adjoins any residential district, the following minimum setbacks and landscaping requirements shall apply to the adjoining yard(s).
District | Front Yard Minimum Depth | Side Yard Minimum Width | Rear Yard Minimum Depth |
R-3 | 50 ft. | 50 ft. if adjacent to an R- 1 Zone 30 ft. if adjacent to an R- 2 Zone | 50 ft. if adjacent to an R- 1 or R-2 Zone |
B-1 | Equal to the most restrictive setback applicable to the adjacent R District | 50 ft. * | 50 ft. |
B-2 | Equal to the most restrictive setback applicable to the adjacent R District | 50 ft. * | 50 ft. |
B-3 and B-4 | Equal to the front yard requirements of the adjacent R District* | 50 ft. * | 50 ft. * |
B-5 | 50 ft. | 50 ft. * | 50 ft.* |
I-1 | 100 ft. | 75 ft. ** | 75 ft. ** |
I-2 | 100 ft. | 100 ft. ** | 100 ft. ** |
PGMI | 75 ft. | 50 ft. | 50 ft. |
* The area abutting the residential boundary shall be properly landscaped to be harmonious with surrounding residential uses and maintained in a neat and orderly manner. See § 1132.03(h)(9). | |||
** The area abutting the residential boundary, to a depth of fifty (50) feet, shall be landscaped and maintained so as to minimize any undesirable visual effects of an industry on adjacent residential uses; the balance of the yard area shall be used for open space or vehicular parking. See §1132.03(h)(9). | |||
(Ord. 11-54. Passed 12-19-11; Ord. 17-03. Passed 1-23-17.)
(c) Yards Adjacent to a Major Thoroughfare. Where a yard in an Industrial District is adjacent to a major thoroughfare, the following minimum yard shall be required:
District | Minimum Front Yard Depth | Minimum Side Yard Width or Rear Yard Depth |
I-1 | 75 ft. | 75 ft. |
I-2 | 100 ft. | 100 |
(d) Average Front Yard Setback Option in Residential (R) Districts. In any R district where the average depth of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in these regulations, the required depth of the front yard on such lot may be modified. In such cases, this shall not be less than the average depth of such existing front yards on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. However, the depth of the front yard on any lot shall not be less than twenty-five (25) feet and need not exceed one hundred (100) feet.
(e) Flexible Front Yard Setback Development Option. As a Conditional Land Use option, an applicant for a subdivision in the R-1, R-2, and R-3 Districts may apply to the Planning Commission for a Flexible Setbacks Development Option.
(1) The front yard setbacks in a residential subdivision may be varied to allow an average setback of thirty-five feet throughout the subdivision and meeting the following requirements:
(2) The minimum front yard setback allowed will be twenty-five (25) feet.
(3) The building setbacks of lots adjacent to existing structures must conform to the setback of the existing structures except in the extension of an existing flexible setback subdivision.
(4) Review of a flexible setback subdivision by the Planning Commission will include consideration of the flexible setbacks as a condition for approval of the subdivision. Subdivision approval and flexible front yard setback approval may take place concurrently.
(5) Upon approval of the flexible front yard setback, such setback lines shall be placed on the subdivision plat and filed with the City Zoning Inspector. At the time of filing, the approved flexible front yard setback lines shall become binding to each lot as they appear on the final subdivision plat.
(f) Zero Lot Line Option in Residential (R) Districts. As a Conditional Land Use option, an applicant for a residential subdivision may apply to the Planning Commission for approval of a Zero Lot Line Option, which may be developed eliminating the side yard requirement and permitting residential dwellings to be built on the side yard lot line of each lot in a subdivision provided the following requirements are met:
(1) The zero lot line option is applicable only to a platted subdivision.
(2) The following yards shall not be zero yards but shall meet the requirements of the district:
A. A front or corner side yard
B. A yard that abuts an alley
C. A yard that abuts a lot having conventional siting with no zero yard
D. A yard that abuts a zero yard on an adjacent lot.
(3) No part of the structure shall project into the adjacent yard.
(4) Each home in the subdivision will be placed as near the right or left lot line as the furthest structural projection will permit. The lot line chosen will be adhered to in groups of several units. within the subdivision to create visual interest.
(5) Lots adjacent to existing structures are eligible for zero lot line only if the lot line furthest from the existing structure is used. If this is not possible, the side yard restrictions of the zone or zones in which the subdivision is being built must be adhered to for all those lots adjacent to existing structures. This does not apply to the extension of an existing zero lot line subdivision.
(6) If an interior side yard is a zero yard, the remaining interior or corner side yard on the lot shall have a minimum width equal to the sum of the normally required widths of both side yards.
(7) Provisions established in the Residential Code of Ohio for One-Two and Three Family dwellings require fire rated construction for an exterior wall a specific distance or less from a lot line. Such construction shall be required only if the distance between such wall and the nearest building wall on the adjacent lot is less than twice the distance from the lot line specified in the applicable Code.
(8) Review of a zero lot line subdivision by the Planning Commission shall include consideration of the zero lot line option as a condition for approval of the subdivision. Subdivision approval and zero lot line approval may take place concurrently.
(9) Upon approval of the zero lot lines, such zero lot lines shall be placed on the subdivision map and recorded by the County Recorder.
(10) At the time of filing, the approved zero lot lines shall become binding to each lot as they appear on the final subdivision map.
(11) The entire subdivision must have an agreement of cooperation between property owners granting permission to enter the property adjacent to the zero lot line for safety purposes and performance of necessary maintenance.
1154.03 STRUCTURES.
(a) Principal Buildings. No more than one dwelling shall be permitted on any lot unless otherwise specifically stated in these regulations and every dwelling shall be located on a lot having required frontage on a public street.
(b) Dwelling Other Than Main Structure. No residential structure shall be erected upon a lot with another dwelling, except that a two-story garage with living quarters upon the second floor may be permitted provided such quarters are occupied by guests or family members related to those occupying the main structure. (Ord. 09-20. Passed 6-22-09.)
(c) Accessory Buildings.
(1) An accessory building attached to the principal building on a lot, shall be made structurally a part thereof by a shared common wall, and shall comply in all respects with the requirements of these regulations applicable to the principal building. (Ord. 20-26. Passed 6-15-20.)
(2) Accessory buildings which are not a part of the main building shall not be located closer than fifteen feet to the main building.
(d) Maximum Building Height.
(1) Except as specifically stated in other parts of this Zoning Ordinance no building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located:
F-P | A-1 | P-CD | R-1 | R-2 | R-3 | B-1 | B-2 | B-3 | B-4 | B-5 | I-1 | I-2 | PGMI |
40 ft. | 35 ft. | 35 ft. | 35 ft. | 35 ft. | 35 ft. | 20 ft. | 45 ft. | 60 ft. | 60 ft. | 35 ft. | 40 ft. | n/a |
45 ft. |
(Ord. 11-54. Passed 12-19-11.)
(2) Exceptions to height standards.
A. Accessory buildings in residence districts shall be limited to fifteen (15) feet in height unless a greater height is authorized by the Board of Zoning Appeals.
B. The following structures incidental to the main use of the building may be erected up to fifteen feet above the height limits of the district in which they are located as long as such structures have a total area less than twenty-five (25) percent of the roof area of the building.
1. Penthouse or roof structures for the housing of elevators, stairways, tanks, water tanks, ventilating fans or similar equipment required to operate and maintain the building;
2. Fire or parapet walls;
3. Skylights;
4. Towers, steeples, stage lofts and screens;
5. Flagpoles, chimneys, smokestacks, or similar structures.
C. Radio, television and wireless aerials or masts may be erected to any height, subject to meeting the permit requirements established in Section 1131.04.
(e) Minimum Dwelling Floor Space. The minimum floor area of dwellings shall be as follows for each district:
District | Type of Dwelling | Minimum Floor Space |
F-P | All | n/a |
A-1 | All | 1,200 s.f. |
P-CD | All | 1,200 s.f. |
R-1 | All | 10% of the min. lot square footage |
R-2 | S-F Homes: | 10% of the min. lot square footage |
2-F Homes: | 800 s.f. per dwelling | |
R-3 | S-F Homes: | 10% of the min. lot square footage |
2-F Homes: | 750 s.f. per dwelling | |
M-F Efficiency: | 550 s.f. per dwelling | |
M-F One-Bedroom: | 650 s.f. | |
M-F Two-Bedroom: | 750 s.f. | |
M-F Three-Bedroom: | 900 s.f. | |
1154.04 RIPARIAN SET BACK.
Purpose: Riparian setbacks control land use activities and new development within certain distances of streams, rivers and creeks. Setting development back maintains the ability of riparian areas to control flooding, limit stream bank erosion, protect habitat, purify ground water, and reduce water pollution. Riparian setbacks protect structures and reduce property damage and threats to watershed residents.
(a) General Requirements.
(1) These regulations shall apply to all zoning districts.
(2) The regulations set forth herein shall apply to all buildings, structures, uses, and related soil disturbing activities on a lot containing a designated water course, except as otherwise provided herein.
(3) A designate water course shall be considered as the Nimishillen Creek or any of its tributaries.
(4) No zoning certificate or conditional zoning certificate shall be issued for any building, structure or use on a lot containing, wholly or partly, a designated watercourse except in conformity with the regulations set forth herein.
(b) Establishment of Riparian Setbacks.
(1) Riparian setbacks shall be measured from the current (what is in existence at the time of filing for a zoning certificate) stream or river bank of a designated watercourse.
(2) Except as otherwise provided in this resolution, riparian setbacks shall be preserved in their natural state.
(3) Where the one hundred year floodplain is wider than the minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to include the outermost boundary of the one hundred year floodplain as delineated on the flood hazard boundary map(s) for the attached area provided by Federal Emergency Management Agency (FEMA).
(4) Riparian setbacks on designated watercourses shall be established as follows:
A. A minimum of 25 feet on each side of the East Branch of the Nimishillen Creek.
B. A minimum of 15 feet on each side of a tributary of the East Branch of the Nimishillen Creek.
(c) Permitted Uses Within Riparian Setbacks. Buildings, structures, and uses may be permitted within a riparian setback, subject to approval of an application for a zoning certificate by the Zoning Inspector, if applicable, or conditional zoning certificate by the Board of Zoning Appeals, if applicable, in accordance with the following regulations and such other applicable regulations contained in this Zoning Resolution.
(1) Recreational activity: Passive recreational uses, as permitted such as hiking, fishing, hunting, picnicking, and similar uses.
(2) Removal of Damaged or Diseased Trees: Damaged or diseased trees may be removed.
(3) Re-vegetation and/or Reforestation: Riparian setbacks may be re-vegetated with non-invasive plant species.
(4) Maintenance of lawns, gardens and landscaping: Lawns, gardens and landscaping that existed at the time the ordinance become effective, may be maintained as long as they are not increased in size.
(5) Streambank Stabilization and Erosion Control Measures may be allowed provided such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical. The streambank stabilization and erosion control measures shall only be undertaken upon approval of a Soil Erosion and Sediment Control Plan approved by Stark County Soil and Water Conservation District.
(6) Crossing of designated watercourses and through riparian setbacks by publicly and privately owned roads, drives, sewer and/or water lines and public and private utility transmission lines shall only be allowed upon approval of the US Army Corps of Engineer and/or Ohio EPA. Soil erosive materials shall not be used in making stream crossings.
(7) Construction of fencing shall be allowed with the condition that reasonable efforts be taken to minimize the destruction of existing vegetation, provided that the fence does not impede stream or flood flow, and the disturbed area is replanted to the natural or preexisting conditions before the addition of the fence.
(8) Storm Water Retention and Detention Facilities are permitted subject to other regulations contained in this Zoning Resolution and the regulations enforced by the Stark County Soil and Water Conservation District and the Ohio EPA. Storm water retention and detention facilities shall be located a minimum of fifty (50) feet from the current stream or riverbank of the designated watercourse.
(d) Prohibited Uses Within Riparian Setbacks. The following buildings, structures, and uses are prohibited within a riparian setback:
(1) Construction: There shall be no buildings, structures, uses, or related soil disturbing activities of any kind except as permitted under these regulations.
(2) Dredging and Dumping: There shall be no drilling, filling, dredging, or dumping of soils, spoils, liquids, yard wastes, or solid materials, except for noncommercial composting of uncontaminated natural materials as permitted under these regulations.
(3) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles: There shall be no parking spaces, parking lots, loading/unloading spaces, or related soil disturbing activities.
(4) Roads and Driveways: There shall be no roads or driveways except as permitted under these regulations.
(e) Non-Conforming Structures or Uses in Riparian Setbacks.
(1) A non-conforming use within a riparian setback which is in existence at the time of passage of this regulation, and which is not otherwise permitted under these regulations, may be continued. However, the use shall not be changed or enlarged unless it is changed to a use permitted under these regulations.
(2) A non-conforming accessory structure within a riparian setback which is in existence at the time of passage of this regulation, and which is not otherwise permitted under these regulations, may be continued. However, the existing building footprint or roofline may not be expanded or enlarged in such a way that would move the structure closer to the stream, river or creek.
(3) A non-conforming structure or use or deteriorated structure within a riparian setback which is in existence at the time of passage of this regulation, and which is discontinued, terminated, or abandoned for a period of two (2) years or more, may not be revived, restored or re- established. This section does not apply to a residence that is vacant and which is not subject to condemnation order. This section shall also not prohibit ordinary repairs to a residence or residential accessory building that are not in conflict with other provisions in this regulation.
(4) In case of a non-conforming residential structure, minor upgrades to the structure that extend further into the riparian setback may be allowed, such as awnings and pervious decks/patios, provided the modifications do not extend more than ten (10) feet further into the riparian setback than the original foundation of the structure existing at the time of passage of this regulation and provided that the modification will not impair the function of the riparian area nor destabilize any slope or stream bank.
(Ord. 17-03. Passed 1-23-17.)