Louisville City Zoning Code
CHAPTER 1157
Specified Land Use Regulations
1157.01 AGRICULTURE AND FARMS.
(a) An agricultural related use involving animals shall require at least ten (10) acres.
(b) An agricultural related use involving trees or plants shall require at least ten (10) acres.
(c) All farm animal buildings and manure piles shall be located not less than five hundred (500) feet from all property lines
(d) An agricultural related use shall not change the character or impair the value of the general area or create conditions inconsistent with the zoning of the district.
1157.02 AGRICULTURAL RELATED RETAIL ACTIVITY.
(a) An agricultural related retail activity shall be accessory and secondary to the agricultural use. Sales shall be of agricultural products produced on the premises or products closely connected with the agricultural use of the land.
(1) A Temporary Development Permit for a use permitted under these regulations shall be issued for a period of one (1) year only. After a one (1) year period has elapsed, a new Temporary Development Permit shall be required and shall be issued provided that the Planning Commission and the Zoning Inspector determine that the use has been and is being operated according to the requirements of the UDO and the previous temporary development permit.
(2) No development permit shall be issued until final site plans have been submitted and approved by the Planning Commission. Final site plans shall show the following: drainage (including storm water), and approved by the City Engineer, location of all buildings, fuel tanks (if any), off-street parking and service facilities, water supply, sanitation, walks, fences, walls, landscaping, outside lighting, traffic flow and its relation to abutting streets.
(3) Such uses shall be conducted not closer than one hundred (100) feet from any R District. Where an A-1 District abuts upon but is separated from an R District by a street, the width of the street may be considered as part of the required setback.
(4) The construction, operation and maintenance of such uses shall be such that they will not be hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matters or water-carried wastes.
(5) The design and construction of all access drives, access points to public streets, and parking and service areas shall be approved by the Planning Commission.
1157.03 AIRPORTS, AIRFIELDS AND LANDING STRIPS.
(a) Such uses shall be located on collector thoroughfares, adjacent to nonresidential uses, such as commerce, industry, or recreation, or adjacent to sparsely settled residential uses.
(b) No zoning certificate shall be issued until final Site Plans have been submitted and approved by the Planning Commission. Final site plans shall show the following:
(1) Drainage (including storm water) approved by the City Engineer;
(2) Location of all buildings (All structures shall be located at least one hundred (100) feet from all property lines);
(3) Walks;
(4) Off-street parking and service facilities;
(5) Design and construction of all access drives, access points to public streets, and traffic flow and its relation to abutting streets;
(6) Fuel tanks (if any);
(7) Water supply;
(8) Fences and walls;
(9) Landscaping;
(10) Signage (There shall be no more than one (1) advertisement oriented to each abutting road identifying the activity);
(11) Outside lighting (No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties).
1157.04 BED AND BREAKFAST INNS.
A bed and breakfast inn shall be an owner-occupied dwelling unit that contains no more than three guest rooms, where short-term lodging and meals are provided. Bed and breakfast inns shall be subject to the following supplemental regulations:
(a) A Temporary Development Permit for a use permitted under these regulations shall be issued for a period of one (1) year only. After a one-year period has elapsed, a new Temporary Development Permit or a Permanent Development Permit shall be required and may be issued provided that the Zoning Inspector determine that the use has been and is being operated according to the requirements of the UDO and the previous Temporary Development Permit.
(b) Such developments should be located on collector thoroughfares or at intersections of collector and local thoroughfares.
(c) Such uses should be properly landscaped to be harmonious with surrounding residential uses.
(d) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision shall be met.
1157.05 CEMETERY.
The area proposed for a cemetery shall meet the following requirements:
(a) Such developments should be located on collector thoroughfares or at intersections of collector and local thoroughfares. Existing cemeteries may continue to operate; however, any expansion to land not covered by an existing Development Permit shall comply with the provisions of this section.
(b) A cemetery shall be used for cemetery purposes only and except for uses incidental to cemetery operations, no business or commercial uses of any kind shall be permitted on the cemetery site.
(c) Minimum area required for a cemetery site shall be ten (10) acres.
(d) Burial buildings which are used for the interment of bodies or other remains of persons, who have died, shall be set back one hundred (100) feet from all property lines.
(e) All graves or burial lots shall be set back ten (10) feet from all property lines.
(f) The design and construction of all access drives, access points to public streets, and parking and service areas shall be approved by the Planning Commission.
(1) All points of vehicular entrance or exit shall be at least one hundred (100) feet from the intersection of two collector thoroughfares and at least fifty (50) feet from the intersection of a collector and a local thoroughfare.
(2) Pavement width of driveways shall be at least fifteen (15) feet.
(3) Sufficient parking space shall be provided as to not deter traffic flow within the cemetery in accordance with Chapter 1158.
(g) Area drainage is subject to approval by the City Engineer.
(i) Adequate screening with shrubs, trees or hedges shall be provided parallel to property lines.
1157.06 CHILD DAY CENTERS.
(a) Such developments should be located on collector thoroughfares or at intersections of collector and local thoroughfares.
(b) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(c) There shall be no more than one (1) advertisement oriented to each abutting road identifying the activity.
(d) Such uses shall not require uneconomical extensions of utility services at the expense of the community.
(e) Such uses should be properly landscaped to be harmonious with surrounding residential uses.
(f) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision shall be met.
1157.07 CHURCHES AND OTHER BUILDINGS FOR RELIGIOUS WORSHIP.
(a) Such developments should be located on collector thoroughfares or at intersections of collector and local thoroughfares.
(b) In the R-3 and B Districts, such structures should be located adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
(c) Such uses should be properly landscaped to be harmonious with surrounding residential uses.
(d) No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
(e) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(f) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision shall be met.
1157.08 COMMERCIAL DEVELOPMENT - PLANNED INTEGRATED (DESIGN).
An integrated planned commercial development, which is a grouping of three or more commercial establishments which have common vehicular parking facilities, controlled access to abutting streets, and are developed under a unified site plan, shall be permitted provided that the following conditions are met:
(a) Only those types of business uses permitted for conventional development in the district shall be permitted in integrated planned business developments.
(b) The minimum site size to be considered for an integrated planned shopping development shall be two (2) acres.
(c) Side yards and rear yards shall be required only on the perimeter of the planned development and shall be thirty (30) feet except that where the business development is adjacent to a residential zone the side and/or rear yard shall be fifty (50) feet on the side(s) abutting the residential zone only.
1157.09 CREMATORIES.
(a) Crematories shall be operated in conformance with all applicable local, State, and Federal laws.
(b) Crematories may cremate only remains human or animal in nature pursuant to Ohio R.C. Chapter 759.
(c) A crematory may not cremate any remains where the decedent died of infectious, toxic, or other hazardous substances and shall comply with all applicable performance standards as set forth in Section 1155.02.
(d) The remains may not be retained within the crematory facility for more than thirty (30) days after the cremation is completed.
1157.10 CULTURAL AND EDUCATIONAL FACILITIES.
(a) All structures shall be located at least fifty (50) feet from all property lines.
(b) Such structures should be located adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
(c) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision shall be met.
1157.11 DRIVE-IN, DRIVE-UP AND DRIVE-THROUGH FACILITIES.
Buildings and facilities that include drive-in, drive-up or drive-through facilities shall provide evidence that demonstrates that sufficient stacking or queuing space will be provided for patrons waiting to enter a drive-in, drive-up or drive-through facility. Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians. No exterior speakers may be located on any menu boards in a manner that will allow them to be audible from a location off the premises.
1157.12 DUMPSTERS AND TRASH MANAGEMENT.
(a) Every multi-family, commercial, and industrial development shall be required to provide one or more dumpsters for solid waste collection which are:
(1) Located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way;
(2) Constructed to allow for collection without damage to the development site or the collection vehicle;
(3) Screened, if and to the extent that, in the absence of screening, they would be clearly visible to:
A. Persons located within any dwelling unit on residential property other than that where the dumpster is located;
B. Occupants, customers, or other invitees located within any building on nonresidential property other than that where the dumpster is located, unless such other property is used primarily for purposes permitted exclusively in an industrial district;
C. Persons traveling on any public street, sidewalk, or other public way;
(4) When dumpster screening is required under this Section, such screening shall be constructed, installed, and located to prevent or remedy the conditions requiring the screening pursuant to Section 1161.09.
(b) Where dumpsters and trash management are required, a Trash Management Plan shall be included with the application for development permit and to determine compliance of the basic design elements of proposed trash receptacles and/ or any other solid waste disposal facilities. Such plan shall include the following elements:
(1) Location and dimensions of proposed trash receptacles and/ or any other solid waste disposal facilities and notes indicating analysis of adequate capacity for the proposed use of the site. Trash receptacles shall not utilize required parking.
(2) Location, size, and specifications of any screening of such trash or solid waste receptacles. Trash dumpsters with screening must be shown as accessible without occupying required parking, loading or vehicular movement areas.
(3) Location and specifications for any and all changes to existing, or proposed above or below ground storage facilities for any chemicals, salts, flammable materials or hazardous materials, as well as any contaminant structures or clear zones required by law.
1157.13 ESSENTIAL SERVICES.
Essential services as defined by these regulations shall be permitted as authorized under any franchise or that may be regulated by any law of the State; it being the intention hereof to exempt such essential services from the application of these regulations.
1157.14 HOME OCCUAPTIONS.
A home occupation may be allowed as an accessory use in specified districts where it is clearly incidental and secondary to the use of the dwelling for residential purposes. The home occupation shall maintain peace, quiet and domestic tranquility within the neighborhood and City and guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas.
(a) Criteria for Minor Home Occupations. Home occupations which comply with all of the following criteria shall be classified as minor in character and shall be permitted by right with no permit necessary in all residential districts, but shall be required to register with the City:
(1) The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others.
(2) There shall be no storage of equipment, commercially licensed vehicles or supplies associated with the home occupation outside the dwelling.
(3) There shall be no display of products visible in any manner from outside the dwelling.
(4) There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of the home occupation.
(5) No advertising display signs shall be permitted.
(6) The use shall not require additional off-street parking spaces.
(7) No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, smoke, odor or dust detectable by the normal senses off property.
(8) Parties for the purpose of selling merchandise or taking orders shall not be held more than four times each month.
(9) Motor vehicle traffic relating to the conduct of the home occupation shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.
(10) Deliveries from commercial suppliers may not be made more than once each week, and the delivery shall not restrict traffic circulation.
(11) No highly explosive, toxic or combustible material should be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmissions in the area.
(12) The use shall not involve more than thirty-three and one-third (33-1/3) percent of the floor area of only one story of the principal building and shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes.
(13) Home occupations shall comply with all local, state or federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.
(b) Criteria for Major Home Occupations. Uses which do not satisfy the criteria for a minor home occupation shall be classified as major home occupations and shall require Development Permits in accordance with this section. Single-family neighborhoods should, in general, be protected from major home occupations, unless it can be specifically demonstrated that such use will have no short or long term negative impacts on the neighborhood. Major home occupations shall be encouraged in multi-family neighborhoods such as R-2 and R-3 Districts. To this extent, the following regulations shall apply to all major home occupations:
(1) The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others.
(2) There shall be no storage of equipment, vehicles or supplies associated with the home occupation outside the dwelling.
(3) There shall be no display of products visible in any manner from outside of the dwelling.
(4) The structure shall not be altered or the occupation within the residence be conducted in such a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emission of sounds or vibrations that carry beyond the premises.
(5) One unlighted nameplate not exceeding one square foot in area announcing the name and home occupation shall be permitted.
(6) The use shall not require more than two additional off-street parking spaces for clients and customers of the home occupation.
(7) No equipment or process shall be used in a home occupation which creates noise, vibrations, glare, fumes, smoke, odor or dust detectable by the normal senses off property.
(8) Parties for the purpose of selling merchandise or taking orders shall not be held more than four times each month.
(9) Motor vehicle traffic generated by clients or customers of the home occupation shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.
(10) Deliveries from commercial suppliers may not be made more than once each week, and the delivery shall not restrict traffic circulation.
(11) No highly explosive, toxic or combustible material should be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmissions in the area.
(12) Home occupations shall comply with all local, state or federal regulations pertinent to the activity pursued and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.
(13) If the home occupation is not conducted by the owner of the dwelling, written permission from the owner must be obtained.
1157.15 HOTELS AND MOTELS.
(a) Minimum Yards.
(1) Front yard. The minimum front yard requirement is thirty-five (35) feet.
(2) Side and rear yards. The minimum side and rear yards required when adjacent to a nonresidential use or non-residential district is thirty-five (35) feet. The minimum side and rear yards required when adjacent to a residential use or residential district is one hundred (100) feet.
(b) Lodging Unit. Each lodging unit shall comprise at least two hundred fifty (250) square feet of floor area and be served by public utilities including public water and public sanitary service.
(c) Access. All ingress and egress shall be directly to an arterial or collector street. Guest rooms shall be accessed by an interior hallway, corridor or common enclosed area. Outside entrances that lead directly into a guest room shall be prohibited.
(d) All areas not used for access, parking, circulation, buildings, and services shall be completely and permanently landscaped and the entire site maintained in good condition.
(e) Permanent Residency Prohibited. A hotel shall at all times operate only as a hotel and in no event shall it be converted to a multiple unit dwelling or any other form of permanent residence. All guests shall at all times be prohibited from using a hotel room suite as a permanent residence. After occupancy of greater than thirty (30) days, the burden of proof shall be placed upon the occupant or the operator of the hotel to establish upon inquiry by the City that the facility is not the permanent residence or domicile of the occupant.
(f) Additional requirements. The hotel shall provide customary services, such as maid service linen service, telephone and/or desk service.
(Ord. 18-10. Passed 3-5-18.)
1157.16 MEDICAL AND PHILANTHROPIC INSTITUTIONS FOR HUMAN CARE.
Institutions for human medical and philanthropic care shall include hospitals, medical clinics, sanitariums, rehabilitation centers, nursing homes and homes for the aged.
(a) No development permit shall be issued until final site plans have been submitted and approved by the Planning Commission.
(b) Such developments should be located on collector thoroughfares or at intersections of collector and local thoroughfares.
(c) Such uses shall not require uneconomical extensions of utility services at the expense of the community.
(d) All facilities and structures shall meet all County and/or State of Ohio health, building, electrical, other applicable codes, and City codes.
(e) Loudspeakers shall not be permitted.
(f) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision shall be met.
(g) All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
1157.17 MOTOR VEHICLE GASOLINE SERVICE STATIONS.
(a) No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
(b) Such developments should be located on collector thoroughfares or at intersections of collector and local thoroughfares.
(c) Such uses shall be permitted under the following conditions:
(1) Provided that such facilities are located at the extremity of the business districts so as not to interfere with the pedestrian interchange between stores in the district and provided further, that it would not limit expansion of the pedestrian-oriented facilities.
(2) No more than two (2) driveway approaches shall be permitted from any street. Drive approaches shall be of concrete having a thickness of six (6) inches and shall have a maximum width of forty (40) feet at the curb.
(3) If the property fronts on two (2) or more streets, the driveways shall be located as far from the street intersection as possible, but not closer than twenty (20) feet from the center of the curve as measured along the face of curb or edge of roadway.
(4) At least a six (6) inch high pedestrian safety curb shall be installed along all street right-of-way lines except at driveway approaches.
1157.18 MOTOR VEHICLE WASHING FACILITIES.
(a) Automatic Car Wash. Car washes in which vehicles are mechanically moved through the production line shall have and maintain ten paved off-street parking spaces on the premises for each twenty lineal feet of production line within the confines of the building, including traffic lanes. In addition, there shall be provided at the exit, at least two and one-half off-street spaces per exit lane; such spaces shall be available at all times during the operation of the washing facility for vehicular storage of vehicles entering or exiting the washing facility.
(b) Semi-Automatic Car Wash. Car washes in which automatic machinery is used to wash the vehicle, but the vehicle provides the power through the production line shall have and maintain on the premises at least eight paved off-street parking spaces for each stall for the use of vehicles entering the facility. In addition, there shall be provided at the exit at least one and one-half off-street parking spaces per exit lane; and such parking spaces shall be available at all times during the operation of the washing facility for vehicular storage of vehicles entering or exiting the washing facility.
(c) Manual Car Wash. Car washes in which vehicles are manually washed and provide their own power through the stall shall have and maintain on the premises at least five paved off-street parking spaces for each parking stall. In addition, such parking spaces shall be available at all times during the operation of the washing facility for the vehicular storage of vehicles entering or exiting the washing facility.
1157.19 OUTDOOR DISPLAY AREAS.
(a) In B-5 Districts, merchandise to be sold at retail on the premises may be displayed out of doors except that no such display area shall be within fifty (50) feet of any R district.
(b) Display areas shall be screened from abutting residential uses by landscaping sufficient to minimize undesirable visual effects of such display area;
(c) Any such landscaped buffer shall be maintained in a neat and orderly fashion.
1157.20 RECREATIONAL USES AND/OR FACILITIES.
Recreational uses and/or facilities shall include: picnic areas, playgrounds, parks, swimming facilities, golf courses, tennis clubs, country clubs, riding academies and other similar outdoor recreational facilities and/or uses.
(a) No zoning certificate shall be issued until final site plans have been submitted and approved by the Planning Commission. Final site plans shall show the following: drainage (including storm water), and approved by the City Engineer, location of all buildings, fuel tanks (if any), off-street parking and service facilities, water supply, sanitation, walks, fences, walls, landscaping, outside lighting, traffic flow and its relation to abutting streets. .
(b) The design and construction of all access drives, access points to public streets, and parking and service areas shall be approved by the Planning Commission.
(c) All structures shall be located at least one hundred (100) feet from all property lines.
(d) All points of vehicular entrance or exit shall be at least one hundred (100) feet from the intersection of two (2) collector thoroughfares and at least fifty (50) feet from the intersection of a collector and a local thoroughfare.
(e) All facilities and structures shall meet all County and/or State of Ohio health, building, electrical, other applicable codes, and City codes.
(f) Loudspeakers shall not be permitted.
(g) There shall be no more than one advertisement oriented to each abutting road identifying the activity.
(h) No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
(i) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision shall be met.
(j) All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
1157.21 RESIDENTIAL DEVELOPMENTS - MULTIFAMILY DWELLINGS.
The following regulations shall apply to multifamily dwellings of a duplex, townhouse, rowhouse, group dwellings, and garden apartment-type). No zoning certificate shall be issued until Final Site Plans have been submitted and approved by the Planning Commission pursuant to Chapter 1132. The proposed project shall conform to all requirements and/or conditions as the Planning Commission may deem necessary, including the following criteria:
(a) The property must be served by city water supply and sewerage facilities.
(b) The architectural design of apartment buildings should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, line and pattern, and character.
(c) Maximum possible privacy for each apartment shall be provided through good design and use of proper building materials and landscaping. Visual privacy should be provided through structural screening and landscaping treatment. Auditory privacy should be provided through soundproofing.
(d) Television antenna shall be centralized.
(e) Parking and service areas shall be provided at the rate of two (2) spaces per dwelling unit in each apartment building. No parking or service areas shall be permitted between any street and the main building.
(f) Group Dwellings. Group dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements, the entire group as a unit requiring one (1) front and rear and two (2) side yards as specified for dwelling in the appropriate district.
(1) Each two- or two and one-half-story group dwelling development shall have a minimum court of forty (40) feet in width and forty (40) feet in length, in addition to its required yards, and each one-story group dwelling development shall have a minimum court of thirty (30) feet in width and thirty (30) feet in length, in addition to its required yards.
(2) In a group dwelling development, no two separate dwelling structures shall be closer to each other along the sides or end of a court than fifteen (15) feet.
(3) The court shall be unoccupied by any building or other structures, except fire hydrants, utility poles or other street improvements.
(4) The court shall have an unobstructed opening, not less than thirty (30) feet wide, onto the front yard of a lot which has a width not less than that required in the district in which it is located.
(5) All dwelling structures of the group except those facing a public street shall face upon the court.
1157.22 MIXED USE DEVELOPMENTS.
(a) General Provisions. In any zoning district, a mixed use development may be proposed and approved. A mixed use development is one in which no less than fifty-one percent (51%) of the uses proposed therein are permitted in the existing zoning district. The balance of the uses proposed therein may be other uses that in the considered to be complimentary to the uses permitted therein. A mixed use development may include a variety of housing types, or a mixture of residential, commercial and office uses that demonstrate creative site design and land planning techniques. Architectural design is a key element of a mixed use development to blend land uses and urban activity together into a appealing urban space. Clustering of homes so that large areas of land can be left in open space is also encouraged. Developments regulated by this section shall conform to approval procedures described in Chapter 1135.
(1) Minimum development size. A mixed use development shall cover an area of not less than ten (10) contiguous acres which shall not be divided into parts by any State or federal limited access highway, by any large area of land not included in the proposed development, or by any railroad rights of way. The existence of public or private streets or highways (other than limited access highways), electrical transmission lines, transmission pipes or other rights-of-way (in fee or easement) within any area shall not be considered as any large area of land not included when determining if an area is contiguous.
(2) Public utilities required. City sanitary sewerage facilities and City water facilities shall be required.
(3) Open space requirement. No less than twenty (20) percent of the total land area must be devoted to open space dedicated to public use or for the exclusive use of residents of the planned unit development. No single park or open space area in a planned unit residential development shall contain less than one (1) acre of contiguous land.
(4) Maximum number of residential dwelling units. The overall density of residential development shall not exceed the average density that would have been permitted if the area was developed conventionally. The maximum number of lots that may be created shall be computed by:
A. Subtracting twenty (20) percent of the total area from the total site size and dividing the remaining land area by the minimum lot size requirement of the district in which the planned unit development is located; or
B. Submitting a development plan indicating the number of lots that could be created on the site in question while complying with conventional lot size regulations for the district.
(b) Plan Submittal Requirements. Along with the submittal of plans, drawings and other documentation required pursuant to Chapter 1135, the plans shall provide a description of architectural details and urban design illustrations that depict how the development will be designed and will function as an urban place. Non-vehicular travel shall be given greater emphasis in the overall design, along with landscaping to buffer and enhance key areas of the development. These plans and illustrations shall be prepared by an architect or engineer and specifically contain the following elements:
(1) The boundaries of the entire planned unit residential development.
(2) The acreage of the entire planned unit residential development.
(3) The proposed street system for the development.
(4) The location and numbers of spaces of the proposed parking lots within the development.
(5) The areas of the district to be used for single-family dwelling and the areas designated for other residential or non-residential areas.
(6) The number of dwelling units by type and the number of bedrooms per unit by type.
(7) The projected ultimate population of the development.
(8) Calculations describing the proposed residential density and open space ratios.
(9) Descriptive data as to the methods to be employed to preserve and maintain the open space in perpetuity.
1157.23 RESIDENTIAL - AGE LIMIT RESTRICTED HOUSING FACILITIES.
(a) Such uses should be properly landscaped to be harmonious with surrounding residential uses.
(b) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision shall be met.
(c) One dwelling unit for every 4,000 square feet of net lot area shall be the maximum density permitted. (Ord. 09-20. Passed 6-22-09.)
(d) The owner shall file a deed restriction in a form approved by the City Law Director in which the owner shall covenant on behalf of himself, his heirs, executors, and assigns not to use the property for any other use other than age limit restricted housing unless the use complies with all the requirements of the Zoning Ordinance.
(Ord. 14-03. Passed 2-3-14.)
1157.24 RESIDENTIAL ROOMING AND BOARDING HOUSE ACCOMMODATIONS.
(a) Such uses should be properly landscaped to be harmonious with surrounding residential uses.
(b) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision shall be met.
1157.25 SEXUALLY ORIENTED BUSINESSES.
A sexually oriented business shall be located only in accordance with the following restrictions:
(a) No such business shall be located on any parcel within 700 feet of any residential zoning district located within the boundaries of the City or any adjoining city or township;
(b) No such business shall be located on any parcel within 1,000 feet of any library, private or public elementary or secondary school, preschool, day care center, public park or church located within the boundaries of the City or any adjoining City or township;
(c) No such business shall be located on any parcel within 1,000 feet of another sexually oriented business located within the boundaries of the City or any adjoining city or township and such businesses shall only be located in B-5 and I-2 Districts.
(d) For the purposes of subsection (a), (b), and (c) hereof, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential zoning district or residential lot.
(e) No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.
Notwithstanding Section 1157.31 of this Code, any sexually oriented business lawfully operating on the effective date of this chapter that is in violation of this chapter shall be deemed a nonconforming use. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private elementary or secondary school, Public Park or library within 1,000 feet of a residential zoning district within 700 feet, of the sexually oriented business. When a nonconforming sexually oriented business use of a structure, building or premises is voluntarily discontinued or abandoned for a period of twelve months or more, the structure, building or premises shall not thereafter be used except in conformity with the uses for the use district in which it is located. Chapter 1152 of this Code shall supplement this subsection when there is not a direct conflict between these Code provisions.
1157.26 SCHOOLS.
(a) All structures shall be located at least one hundred (100) feet from all property lines.
(b) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(c) All points of vehicular entrance or exit shall be at least one hundred (100) feet from the intersection of two (2) collector thoroughfares and at least fifty (50) feet from the intersection of a collector and a local thoroughfare.
(d) There shall be no more than one advertisement oriented to each abutting road identifying the activity.
(e) No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
(f) Such developments should be located on collector thoroughfares or at intersections of collector and local thoroughfares.
(g) Such uses should be properly landscaped to be harmonious with surrounding residential uses.
1157.27 STORAGE OF HAZARDOUS MATERIALS.
(a) Storage of flammable liquids and underground hazardous material storage shall not be located less than three hundred (300) feet from any R district.
(b) Such storage shall be contained within an enclosed building or an area enclosed on all sides by a solid masonry wall or a minimum six (6) foot solid fence.
1157.28 SWIMMING POOLS.
The purpose of this section is to promote the public health, safety and welfare through the regulation of swimming pool facilities.
(a) No private swimming pool exclusive of swimming pools containing less than 1.5 feet of water, shall be located in any zoning district except as an accessory use, and shall comply with the following requirements.
(1) The pool is intended to be used and is used solely for the enjoyment of the occupants of the property on which it is located and their guests.
(2) The pool must be located in the rear yard provided that it shall not be located closer than ten feet to any property line or easement.
(3) Pools shall not be located in utility or storm easements.
(4) The pool, or the property upon which it is located, shall be walled or fenced in such a manner as to prevent uncontrolled access. No such fence shall be less than four feet in height, and it shall be maintained in good condition with a gate and lock.
(5) A temporary zoning permit is required for the seasonal use of a portable or inflatable pool that contains, or is designed to contain, 1.5 feet of water or more.
(b) A community or club swimming pool is a primary use, and shall comply with the following requirements:
(1) The pool is used solely for the enjoyment of the members and their guests of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structures thereto, including the area used by bathers, shall not be located closer than seventy-five feet to any property line or easement.
(3) The pool, its accessory facilities and all of the area used by bathers shall be so walled or fenced as to prevent uncontrolled access to the facility. The fence or wall shall not be less than six feet in height and maintained in good condition with a gate and a lock.
(4) Exterior lighting shall be so shaded or directed that it does not direct light onto adjacent properties.
(5) The swimming pool's parking lot shall comply with the off-street parking and loading requirements of Chapter 1158.
(Ord. 18-10. Passed 3-5-18.)
1157.29 DISH ANTENNA.
To promote and protect the public health, welfare and safety, outdoor satellite signal-receiving antennas are subject to the following regulations:
(a) No dish antenna shall be erected in any front yard.
(b) No part of any dish antenna, including its foundation and supports, shall be erected less than ten feet from any side or rear property line or easement.
(c) All dish antennas must be bonded to grounding rods.
(d) No dish antenna shall have a diameter greater than twelve feet.
(e) Dish antennas having a diameter greater than four feet, six inches shall not be permitted in any R-1, R-2 or R-3 district.
(f) Ground-mounted dish antennas shall not be higher than five feet above grade.
(g) Roof-mounted dish antennas shall not be higher above the roof than the diameter of the dish plus hree feet.
1157.30 TRANSIENT AMUSEMENT ACTIVITIES.
Transient amusement facilities require a temporary development permit which may be issued for a period of time not exceeding seven days, provided the following conditions are met. Such temporary development permits may also be renewed.
(a) All structures shall be located at least one hundred (100) feet from all property lines.
(b) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(c) No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
(d) Such developments should be located on collector thoroughfares or at intersections of collector and local thoroughfares.
(e) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision shall be met.
1157.31 MASSAGE PARLORS.
A massage parlor business shall be located as a home occupation or as a commercial establishment only in accordance with the following restrictions:
(a) Operation as a home occupation shall be classified as a major home occupation due to parking requirements for client use and shall conform to Section 1157.14(b) in addition to any other local, state or federal regulations.
(b) Operation as a commercial establishment shall be permitted only in the B-3, B-4 and B-5 Zoning Districts. The establishment shall be subject to the requirements of the Zoning District in addition to any other local, state or federal regulations.
(Ord. 14-20. Passed 7-7-14.)
1157.32 KENNELS AND ANIMAL SHELTERS.
(a) Minimum Site Size. Sites shall have a minimum lot area of 5 acres.
(b) Screening. Structures where animals are kept, outdoor runs and exercise areas shall be screened in accordance with the screening requirements of this Ordinance.
(c) Setbacks. Structures where animals are kept, outdoor runs and exercise areas shall not be located in any required yard setback areas, and shall also be set back at least 500 feet from dwellings on adjacent lots.
(d) Other Standards. The following additional standards apply to commercial kennels:
(1) Commercial kennels shall comply with all permit and operational requirements established by county and state regulatory agencies.
(2) Structures in which animals are kept, animal runs, and exercise areas shall not be located in any required yard setback area, and shall be set back at least 500 feet from any residential district or use.
(3) All animal runs and exercise areas shall be enclosed on all sides by screening in compliance with the screening requirements of this Ordinance and shall have impervious surfaces and an approved system for runoff, waste collection and disposal.
(4) Performance standards. The Commission may impose other conditions and limitations deemed necessary to prevent or mitigate possible nuisances related to noise and odor.
(5) All animals shall be maintained in a healthy condition, or, if ill, shall be given appropriate treatment immediately;
(6) The quarters in which the animals are kept shall be maintained in a clean condition and in a good state of repair;
(7) Animals pens or enclosures shall be of sufficient size in order to provide reasonable freedom of movement to the animals contained therein;
(8) Food supplies shall be stored in rodent proof containers, and food and water containers shall be cleaned daily;
(9) Litter and/or bedding materials shall be changed weekly to prevent an odor nuisance;
(10) Feces shall be removed from yards, pens and enclosures daily and stored in tightly covered containers until final disposal;
(11) Yards, pens, premises and animals shall be kept free of insect infestation;
(12) The premises shall be fenced in by adequate fencing materials to prevent the escape of the animals and/or prevent access by the animals, either over, under or through the fence, to adjacent properties;
(13) The fenced in area shall contain adequate square footage to provide reasonably adequate exercise areas for the animals;
(14) The animals shall be maintained so that no unreasonably loud and disturbing noises of such character, intensity and duration so as to disturb the peace, quiet and good order of the neighborhood shall be emitted from the premises.
(Ord. 15-19. Passed 6-1-15.)
1157.33 OUTDOOR CAFES AND EATING AREAS.
(a) General Requirements. Outdoor dining shall be conditionally permitted provided that:
(1) Prior to issuance of an outdoor dining permit, the applicant shall furnish, to the Planning Commission, a dimensioned plan showing the proposed location of all outdoor dining furniture. The applicant shall also submit drawings or photos of the type of furniture and enclosure to be utilized, and any other equipment to be used.
(2) Areas devoted to outdoor display and outdoor dining shall comply with all building setbacks regulations for the district in which they are located as set forth, unless the Planning Director expressly permits outdoor dining in a public right-of-way and the applicant complies with the requirements in Section 1157.33(b) below.
(3) All outdoor dining areas shall be contiguous to the principal building.
(4) The facility is used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property and shall not exceed the existing building or property width.
(5) Tables, chairs and furnishings shall be arranged so as not to interfere with pedestrian movement on sidewalks, ingress into or egress from buildings, or otherwise interfere with the proper and safe movement of people or vehicles in parking areas or on City streets, alleys, rights of way or other municipally owned property.
(6) Prior to serving any alcoholic beverage outside, the applicant shall make application to and obtain approval from the State of Ohio Liquor Control Board.
(7) All applicable Health Department sanitation requirements shall be followed and permits obtained for outdoor flood handling. The permittee shall be responsible for posting the outdoor seating area as to any special Health Department requirements.
(8) Outdoor electrical installations must comply with the current, adopted edition of the National Electrical Code.
(9) Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device shall not be permitted in any outside dining facility if the noise from such entertainment is of such a volume so as to cause a disturbance to abutting property owners.
(b) Requirements for Outdoor Dining in the Public Right-of-Way. Outdoor dining shall be permitted on public sidewalks provided that:
(1) Prior to issuance of a permit, the applicant shall furnish, to the Planning Director, a dimensioned plan showing the sidewalk and all existing public improvements and encroachments such as light posts, benches, planters, trash receptacles, fences, trees and tree grates in the area, bicycle racks and newspaper boxes. The diagram shall also include the location of the curb relative to the building and the proposed location of all outdoor dining furniture, and other equipment to be placed on the sidewalk.
(2) An Outdoor Dining Permit shall be obtained from the Planning Director prior to placing tables, chairs, or any other equipment (including fences, planters, lightposts, etc.) on any public sidewalk. Permits issued hereunder shall be valid from the date of approval and each year thereafter until such time as the outdoor dining facility ceases operations.
(3) All sidewalks encompassed by the Outdoor Dining Permit shall be maintained, by the permittee, in a sanitary manner at all times. Food scraps and containers shall be disposed of in appropriate refuse containers on a regular basis during the day by the permittee. Sweeping of refuse or food scraps into tree grates is not permitted.
(4) The proposed use shall not unreasonably interfere with pedestrain or vehicular traffic or with access to parked vehicles, and in no event shall the uses permitted by an Outdoor Dining Permit reduce the open portion of any sidewalk to less than the Americans with Disabilities Act (ADA) requirement. Sidewalks that include a tree and/or any other permanently affixed objects shall be measured from the building side of the object.
(5) Permittees shall see that the public areas encompassed by their Outdoor Dining Permit are kept clean throughout the day and at the end of each business day, so as not to have any food, scraps or drink leftovers remaining which would pose an attraction to animals or insects. Each permit holder shall wash, as needed, the public area to remove any food or drink residue that may attract animals and/or create a pedestrian slip hazard.
(6) No tables, chairs or other equipment shall be attached or affixed to the sidewalk, poles or any other public facilities, without first obtaining permission from the City Manager. Outdoor dining, subject to this section, may only occur between 7:00 a.m. and 12:00 a.m. from April 1 to October 31 each year.
(7) The applicant for an Outdoor Dining Permit shall provide at its sole cost and expense and shall maintain in effect during the entire period of the permit, insurance in the following manner:
A. Worker’s Compensation insurance in at least the required statutory limits;
B. Comprehensive general liability insurance, including owner’s protective liability insurance contractual liability insurance covering claims for personal injury and property damage with limits of at least one million dollars ($1,000,000) per occurrence, and one million dollars ($1,000,000) for any single injury; and
C. Prior to issuance of an Outdoor Dining Permit, the permittee shall provide the City with copies of the certificates of insurance for the required policies for each type of insurance naming the City as an additional insured party.
D. The required insurance policies shall each provide that they shall not be changed or canceled during the life of the Outdoor Dining Permit until thirty days after written notice of such change has been delivered to the City.
(8) The permittee shall hold harmless, indemnify, and define the City of Lousiville from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorney’s fees, which may in any way arise out of or be connected with the granting of an Outdoor Permit which may in any way result therefrom, or from any act or failure to act by the permittee, its agents or employees.
(9) Outdoor dining is a privilege. The City shall have the right and power, acting through the City Manager to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems and conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.
(Ord. 17-03. Passed 1-23-17.)
1157.34 MANUFACTURING WITHIN A B-3 ZONING CLASSIFICATION.
(a) General Requirements. Manufacturing of goods and articles in a B-3 zoning classification shall be conditionally permitted as an accessory use provided that:
(1) The manufacturing process will not emit odor, noise or a common law nuisance, beyond the confines of the building.
(2) A retail store open to the public must be on site with the product manufactured available for purchase.
(3) A detailed floor plan shall be submitted. Floor plan that details the location of machinery and the dedicated retail area open to the public.
(4) On-street parking shall not be permitted for employees.
(6) Conditional use permit must be renewed every two (2) years.
(Ord. 18-42. Passed 10-15-18.)
1157.35 SHORT TERM RENTALS.
(a) It is the purpose of this regulation to protect and promote the health, safety, and general welfare of all the citizens of the City of Louisville, Ohio by requiring the registration and certification of short term rentals within the City. It is also the intent to protect the integrity of residential neighborhoods while allowing property owners to receive remuneration from short term rental of a dwelling to help maintain the dwelling.
Short term rental properties located in a residential district shall be owner occupied. No person shall cause, allow or maintain the use of a short term rental in a residential district without first having obtained a conditional use permit from the Planning Commission. Application for a conditional use permit shall be submitted to the zoning inspector and forwarded to the Planning Commission in accordance with Chapter 1133, Conditional Use Review.
All short term rentals shall meet the following requirements:
(1) Permit Required. A permit is required prior to the rental of any residential dwelling to be rented for a period of thirty (30) days or less.
A. A permit issued by the City shall be valid for a period of one (1) year or until the dwelling is sold.
B. A permit will be issued by the City of Louisville within thirty (30) days of receipt of Planning Commission's approval, and a completed application.
C. The permit shall indicate the maximum number of guests that can be accommodated at the rental in accordance with the standards listed in this Section 1157.35 Short Term Rental Standards - Capacity Limit.
D. A permit and permit holder shall be subject to all of the standards and penalties of the zoning resolution.
(2) Application. An application provided by the City for a short term rental permit shall include the following at a minimum:
A. Address of property.
B. Property owner name(s).
C. Signature of property owner(s) and caretaker(s).
D. Contact information including: name, address and 24-hour contact phone number for the owner of the property and caretaker.
i. This information must be kept up to date in the City's records.
ii. It is the permit holder's responsibility to inform the City of any change in caretaker or contact information for the permit holder or caretaker.
E. Number of bedrooms in the dwelling.
F. Sleeping capacity.
G. Number of parking spaces.
(3) Site plan. A site plan of the property including location of the dwelling, location and number of smoke and carbon monoxide detectors, driveway or other point of access to the property, designated parking and points of entry into the dwelling.
(b) Short Term Rental Standards. All short term rentals shall comply with the following standards:
(1) Parking.
A. Parking for short term renters in a short term rental shall only be in identified parking spaces as defined. Any on-street parking identified for the short term rental in a residential district will need to be identified on the site plan and approved by the Planning Commission.
(2) Trash.
A. Refuse and recyclables shall be stored in appropriate containers with tight fitting lids and shall be regularly picked up by a licensed waste hauler.
(3) Special Events.
A. Special events hosted at the short term rental property, such as a wedding, outdoor party, family reunion or similar gathering that exceeds the maximum number of short term renters allowed under the short term rental permit, are not permitted at a short term rental property.
(4) Capacity Limit.
A. The maximum number of short term renters to be accommodated shall be equal to the number of bedrooms multiplied by a factor of two (2) plus one additional person. The number of bedrooms shall be as certified by the applicant.
i. The permit issued by the City shall indicate the maximum number of short term renters that may be accommodated as calculated under these standards.
(5) Contact.
A. If the permit holder is away during a short term rental a caretaker representing the property owner must be available by telephone at all times and must be physically located within a fifty (50) mile radius of the property in the event of an emergency or an issue that requires immediate attention.
(6) Permit Number.
A. The short term rental permit number issued by the City shall be:
i. Included in any advertisement for the short term rental.
ii. Posted in a location visible from the street or road serving the property.
(7) Signs.
A. A sign may be permitted in all B districts but requires a zoning certification and is subject to the requirements of Chapter 1160 Sign Regulations.
(8) Insurance.
A. The owner of the short term rental is required to have short term rental insurance and must provide proof of insurance.
(9) Compliance.
A. Must be compliant with all applicable building, electrical and fire codes.
(c) Short Term Rental Violations. Any of the following will be considered a violation of the Louisville Zoning provisions pertaining to short term rentals:
(1) Violations.
A. Failure to update information with the City such as the caretaker's or owner's contact information in a timely manner.
B. Advertising a short term rental for a capacity in excess of that allowed under the permit issued by the City.
C. Failure of the permit holder or his/her designated caretaker to be available at any time during the tenure of an active short term rental.
D. Providing false or misleading information on the application for a short term rental permit.
E. Failure to comply with any of the standards under Section 1157.35(b) Short Term Rental Standards.
(2) Revocation.
A. The City may revoke a short term rental permit following two separate violations on the same property under the same ownership within any single calendar year. The property owner may reapply for a permit the following calendar year and receive a short term rental permit if all violations have been resolved.
(Ord. 20-26. Passed 6-15-20.)