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Loveland City Zoning Code

TITLE THREE

Zoning Districts and Regulations

CHAPTER 1156 Table of Permitted Uses

 
TABLE OF PRINCIPALLY PERMITTED, PERMITTED ACCESSORY, TEMPORARY, SPECIAL EXCEPTION, AND CONDITIONALLY PERMITTED USES
PRINCIPALLY PERMITTED (P), PERMITTED ACCESSORY (A), TEMPORARY (T), CONDITIONALLY PERMITTED (C) AND SPECIAL EXCEPTION (SE) USES
ZONING DISTRICTS
Resident- ial Low- Density
Resident- ial- Medium Density
Resident- ial- Multi- Family
Historic
Office- Resident- ial
Business- Retail
Business Corridor
Corporate Campus District
Light Industrial
Agricul- tural District
Scenic Water- ways Active
Scenic Water- ways Passive
R-LD
R-MD
R-MF
H
O-R
B-R
B-C
CCD
L-I
A
S-WA
S-WP
RESIDENTIAL
Multi-family dwelling units
P
C
Secondary family dwelling units
C
C
C
C
C
Single family detached dwelling units
P
P
P
P
P
C
C
Two family dwelling units
P
P
C
COMMERCIAL
Adult entertainment facility
SE
SE
Automotive filling stations
C
P
P
Automotive sales area
C
Automotive services
P
P
C
Bed and breakfast establishment
SE
SE
C
C
C
C
C
C
    
Brewpubs
C
C
C
Building and related trades
P
P
P
Clubs
C
P
C
P
P
C
Commercial animal sales and feed lots
C
Commercial communication antennas
C
C
C
C
C
C
C
C
C
C
Commercial schools and art studios
P
C
P
P
P
Computer internet sweepstake café
C*
C*
Conference centers
C
C
P
P
P
SE
Corporate or business training facility
C
C
P
P
P
SE
Farm equipment sales and service
C
Farmers Market
SE
SE
P
C
C
C
P
Fast food restaurants
SE
P
P
SE
C
Financial institutions
P
C
P
P
A
P
Hotels
C
C
C
C
Manufacturing
P
Microbrewery
C
C
P
Mobile food vendor
T
T
T
T
T
T
T
T
T
T
 
* No Computerized Sweepstake Terminal Cafe shall be located upon a parcel that abuts residentially zoned property. No Computerized Sweepstake Terminal Cafe shall be located closer than one thousand (1,000) feet from another Computerized Sweepstake Terminal Cafe or closer than five hundred (500) feet from any school, daycare facility or recreational park.
 
 
TABLE OF PRINCIPALLY PERMITTED, PERMITTED ACCESSORY, TEMPORARY, SPECIAL EXCEPTION, AND CONDITIONALLY PERMITTED USES (Continued)
PRINCIPALLY PERMITTED (P), PERMITTED ACCESSORY (A), TEMPORARY (T), CONDITIONALLY PERMITTED (C) AND SPECIAL EXCEPTION (SE) USES
ZONING DISTRICTS
Resident- ial Low- Density
Resident- ial- Medium Density
Resident- ial- Multi- Family
Historic
Office- Resident- ial
Business- Retail
Business Corridor
Corporate Campus District
Light Industrial
Agricul- tural District
Scenic Water- ways Active
Scenic Water- ways Passive
R-LD
R-MD
R-MF
H
O-R
B-R
B-C
CCD
L-I
A
S-WA
S-WP
COMMERCIAL (Cont.)
Motels
C
C
SE
Offices
SE
SE
SE
P
P
P
P
P
P
Personal services
P
P
P
P
Plant material nurseries
SE
C
C
C
Printing and related trades
P
P
P
P
Regional Brewery
P
 
Research and development laboratories
C
C
P
P
 
Restaurants
C
C
P
P
A
Retail businesses
P
C
P
P
A
C
Retail warehousing
C**
Roadside stand
SE
C
C
P
Shopping centers
P
P
Short-Term Rentals
C
C
C
C
C
C
C
C
C
C
Taverns
C
C
Temporary outdoor sales of plants & garden supplies
P
P
A
Wholesale warehousing
 
 
 
 
A
C**
EDUCATIONAL / INSTITUTIONAL
Animal hospitals and veterinary clinics
C
P
P
C
Clinics
C
P
P
C
C
Convalescent care facility
SE
SE
SE
C
C
C
Day care
SE
SE
SE
C
C
C
C
C
C
Educational institutions
SE
SE
SE
C
C
C
C
C
Funeral homes
C
C
P
P
Group Homes
SE
C
C
C
Hospitals
SE
C
P
P
C
Medical and dental laboratory services
C
C
P
P
Public buildings
SE
SE
SE
P
P
P
P
P
P
C
Public parks
C
Religious places of worship
SE
SE
SE
C
C
C
C
C
**Wholesale warehousing and Retail warehousing are permitted as Conditional Uses, subject to the requirements set forth within Chapter 1111 of this Code, provided that the warehousing use and operation is an associated and integral component of another principally permitted office, research laboratory, medical or dental laboratory, manufacturing use, or other similar uses authorized to be established as a Principally Permitted Use within the L-I Light Industrial District.
 
 
TABLE OF PRINCIPALLY PERMITTED, PERMITTED ACCESSORY, TEMPORARY, SPECIAL EXCEPTION, AND CONDITIONALLY PERMITTED USES (Continued)
PRINCIPALLY PERMITTED (P), PERMITTED ACCESSORY (A), TEMPORARY (T), CONDITIONALLY PERMITTED (C) AND SPECIAL EXCEPTION (SE) USES
ZONING DISTRICTS
Residen- ial Low- Density
Resident- ial- Medium Density
Resident- ial- Multi- Family
Historic
Office- Residen- ial
Business- Retail
Business Corridor
Corporate Campus District
Light Industrial
Agricul- tural District
Scenic Water- ways Active
Scenic Water- ways Passive
R-LD
R-MD
R-MF
H
O-R
B-R
B-C
CCD
L-I
A
S-WA
S-WP
RECREATION 
Active recreation
P
Commercial recreation
C
C
C
Community non-commercial recreation
SE
SE
SE
C
C
C
C
C
C
Outdoor seating
C
Passive Recreation
P
P
Target Range, Indoors
SE
C
MISCELLANEOUS 
Agricultural services
C
Agriculture
C
C
C
P
Cemeteries
C
Essential services and utilities
C
C
C
C
C
C
C
C
C
C
Helistops
C
Home occupations
A
A
A
A
A
A
Mixed uses
C
C
Places of public assembly
C
C
C
Private garages, storage sheds, and parking areas
A
A
A
A
Satellite dishes
A
A
A
A
A
A
A
A
A
A
Stables
C
(Ord. 2015-35. Passed 4-28-15; Ord. 2016-10. Passed 2-9-16; Ord. 2016-97. Passed 12-6-16; Ord. 2017-61. Passed 7-11-17; Ord. 2020-91. Passed 9-22-20; Ord. 2022-114. Passed 11-22-22; Ord. 2023-31. Passed 3-28-23 Ord. 2024-11. Passed 1-23-24.)
TABLE OF ZONING DISTRICT PRINCIPAL USE MINIMUM AND MAXIMUM REQUIREMENTS
ZONING DISTRICTS
PRINCIPAL USE REQUIRMENTS
MINIMUM
MAXIMUM
DISTRICT SIZE (acres)
LOT AREA (sq feet)
LOT WIDTH (feet)
SETBACKS (feet)
STRUCTURE HEIGHT (feet)
INTENSITY (ratio)
Front Yard
Side Yard
Rear Yard
Principal
Acces- sory
Floor Area
Imperv- ious Surface
Residential - Low Density
R-LD
N/A
43,560
180
75
25
40
35
15
0.20
0.30
Residential - Medium Density
R-MD
N/A
21,780
90
35
15
40
35
15
0.20
0.30
Residential - Multi-Family1
R-MF
N/A
22,000
90
35
15
40
40
15
0.25
0.40
Historic
H
N/A
0
0
0
0
0
45
15
N/A
N/A
Office - Residential
O-R
N/A
7,500
50
30
7
30
35
15
0.30
0.50
Business - Retail
B-R
N/A
43,560
145
25
0
0
75
15
0.50
0.70
Business Corridor
B-C
N/A
43,560
180
25
0
0
75
15
0.50
0.70
Corporate Campus District
CCD
10
43,560
150
402
302
402
45
25
0.40
0.50
Light Industrial
L-I
N/A
20,000
50
50
0
0
50
15
0.50
0.70
Agricultural District
A
5
217,800
400
75
253
403
40
25
0.20
0.30
Scenic Waterways - Active
S-WA
N/A
100,000
300
75
25
40
35
15
0.025
0.10
Scenic Waterways - Passive
S-WP
N/A
100,000
300
0
0
0
N/A
N/A
N/A
N/A
1.    The maximum number of multi-family units permitted on a tract of land shall be based on the square footage of lot area per dwelling unit. For one and two bedroom dwelling units, a minimum of 5,000 square feet of lot area per dwelling unit is required. For three or more bedroom dwelling units, a minimum of 10,000 square feet of lot area per dwelling unit is required.
2.    If the use is located on a lot adjacent to another district or is adjacent to a thoroughfare next to another district, then the minimum front yard, side yard, and rear yard setbacks shall be 75 feet, 100 feet, and 100 feet, respectively.
3.    For agricultural uses which include livestock and animals, the minimum side and rear yard setbacks shall be 100 feet.
(Ord. 2007-24. Passed 2-13-07; Ord. 2010-47. Passed 7-27-10; Ord. 2011-36. Passed 6-14-11; Ord. 2011-99. Passed 11-22-11; Ord. 2012-1. Passed 1-10-12; Ord. 2012-25. Passed 4-10-12; Ord. 2013-14. Passed 3-12-13.)
 
 

1123.01 DIVISION OF CITY INTO DISTRICTS.

   The City is hereby divided into several use districts as follows:
 
Abbreviation
District
R-LD
Residential-Low Density District
R-MD
Residential-Medium Density District
R-MF
Residential-Multi-Family District
O-R
Office Residential District
B-C
Business Corridor District
B-R
Business Retail District
H
Historic District
L-I
Light Industrial District
S-WP
Scenic Waterway Passive District
S-WA
Scenic Waterway Active District
SPD
Special Planning District
CCD
Corporate Campus District
A
Agricultural District
LMO
Loveland Madeira Overlay District

1123.02 OFFICIAL ZONING MAP.

   The districts established in Section 1123.01 are shown on the official zoning map which, together with all explanatory matter therein, is hereby adopted as part of this Zoning Code and is hereby incorporated by reference into this Zoning Code. The official zoning map, properly attested, shall remain on file in the office of the City Manager or his/her designee.

1123.03 INTERPRETATION OF DISTRICT BOUNDARIES.

   Except where referenced on the map to a street or alley line or other designated line by dimensions shown on the map, the district boundary lines follow lot lines or the center lines of streets or alleys as they existed at the time of adoption of this chapter, but where a district line obviously does not coincide with the lot lines as such, or center lines of streets or alleys, or where it is not designated by dimensions, it shall be determined by the use of the engineer's scale as measured on the official zoning map.

1123.04 LOT DIVIDED, EXTENSION OF DISTRICT.

   Where a district boundary line established in this section or as shown on the zoning map divides a lot which was in single ownership at the time of enactment of this Zoning Code, the use authorized thereon and the other district requirements applying to the more restricted portion of such lot under this Zoning Code shall be considered as extending to the entire lot.

1123.05 UNCERTAINTY AS TO BOUNDARIES.

   All questions concerning the exact location of district boundary lines, shall be determined by the Zoning Administrator with appeals to the Board of Zoning Appeals according to rules and regulations which may be adopted by it.

1123.06 VACATED STREET OR ALLEY.

   Whenever any street, alley, or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right-of-way thus vacated, which shall thenceforth be subject to all regulations of the extended district.

1123.07 ANNEXATIONS.

   Any territory annexed to or by merger to the City shall on the effective date of such annexation or merger, be zoned as follows:
   (a)    R-LD Residential Low Density; or
   (b)   Any territory which becomes a part of the City by annexation, merger or boundary adjustment, shall on the effective date of such annexation, merger or boundary adjustment be zoned as specified within the ordinance that annexes, merges or adjusts the boundary of such territory. Prior to passage of such ordinance, such ordinance shall be submitted to the City Planning and Zoning Commission for review and recommendation to the City Council pursuant to Chapter 1115.
   (c)   Any territory that may hereafter be annexed, merged, or otherwise become part of the City may, upon petition of the property owner(s) of record, be exempted from the requirements of contiguousness detailed in 1151.08 (2) or 1115.06 (B) provided that the following conditions are satisfied:
      (1)   The property to be rezoned is 5 acres or more in size.
      (2)   The area to be zoned non-residential upon annexation is zoned pursuant to the provisions of the special planningdistrict requirements, provided that the contiguousness rule in 1151.08 (2) shall not apply.
   (d)   Any territory that may hereafter be annexed, merged, or otherwise become part of the City which was existing non-residential land use shall be zoned one of the following:
      (1)   Apply for a non-residential zoning classification pursuant to 1123.07 (b)
      (2)   Apply for a non- residential zoning classification other than a special planning district provide that the area to be zoned to a non-residential use is a least five (5) acres or more in size, provided that such proposed use is consistent with the City of Loveland’ Comprehensive Master Plan.
         (Ord. 2007-46. Passed 6-12-07.)

1123.08 CONFORMANCE WITH REGULATIONS.

   Except as hereinafter specified, no land, building, structure, or premises, shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations herein specified for the district in which it is located.
                                                                                                                           

1125.01 PURPOSE.

   It is the purpose of the R-LD Residential-Low Density District to establish an area for homes with a lower population density.

1125.02 PERMITTED ACCESSORY USES.

   (a)    Permitted accessory uses are as follows:
      (1)   Home Occupations; see Section 1165.08 regarding regulations.
      (2)   Satellite dishes; see Section 1165.07 regarding regulations.
      (3)   Private garages, storage sheds, and parking areas for the exclusive use of the occupants of the premises.
   (b)   Accessory use structures shall be located in the rear yard only and shall meet the following conditions:
      (i)   For all lots less than one acre, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred (600) square feet, or 35% of the required rear yard, whichever is less.
      (ii)   For all lots one acre or greater, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred and one (601) to twelve hundred (1,200) square feet, or 35% of the required rear yard, whichever is less. For any accessory use structure greater than six hundred (600) square feet, the applicant must receive a conditional use approval pursuant to the procedures in Chapter 1111 of this Zoning Code.
      (iii)   All accessory use structures greater than two hundred (200) square feet shall not be constructed with a metal facade and shall be complementary to the principal structure on the property.
      (iv)   Accessory use structures two hundred (200) square feet or less in size shall be located no closer than six (6) feet from any lot line. Accessory use structures over two hundred (200) square feet shall be located no closer than fifteen (15) feet from any lot line.
      (v)   Accessory use structures located on property with access to two or more streets shall be adequately screened to reduce the visual impact to the surrounding homes.
                                                                                                                            

1127.01 PURPOSE.

   It is the purpose of the R-MD Residential-Medium Density District to establish and maintain high quality areas for single family detached homes on medium density lots.

1127.02 PERMITTED ACCESSORY USES.

   (a)    Permitted accessory uses are as follows:
      (1)   Home Occupations; see Section 1165.08 regarding regulations.
      (2)   Satellite dishes; see Section 1165.07 regarding regulations.
      (3)   Private garages, storage sheds, and parking areas for the exclusive use of the occupants of the premises.
   (b)   Accessory use structures shall be located in the rear yard only and shall meet the following conditions:
      (i)   For all lots less than one acre, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred (600) square feet, or 35% of the required rear yard, whichever is less.
      (ii)   For all lots one acre or greater, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred and one (601) to twelve hundred (1,200) square feet, or 35% of the required rear yard, whichever is less. For any accessory use structure greater than six hundred (600) square feet, the applicant must receive a conditional use approval pursuant to the procedures in Chapter 1111 of this Zoning Code.
      (iii)   All accessory use structures greater than two hundred (200) square feet shall not be constructed with a metal facade and shall be complementary to the principal structure on the property.
      (iv)   Accessory use structures two hundred (200) square feet or less in size shall be located no closer than six (6) feet from any lot line. Accessory use structures over two hundred (200) square feet shall be located no closer than fifteen (15) feet from any lot line.
      (v)   Accessory use structures located on property with access to two or more streets shall be adequately screened to reduce the visual impact to the surrounding homes.
                                                                                                                              

1129.01 PURPOSE.

   It is the purpose of the R-MF Residential-Multi-Family District to encourage high quality multi-family residential development of medium density.

1129.02 PERMITTED ACCESSORY USES.

   (a)    Permitted accessory uses are as follows:
      (1)   Home Occupations; see Section 1165.08 regarding regulations.
      (2)   Satellite dishes; see Section 1165.07 regarding regulations.
      (3)   Private garages, storage sheds, and parking areas for the exclusive use of the occupants of the premises.
   (b)   Accessory use structures shall be located in the rear yard only and shall meet the following conditions:
      (i)   For all lots less than one acre, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred (600) square feet, or 35% of the required rear yard, whichever is less.
      (ii)   For all lots one acre or greater, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred and one (601) to twelve hundred (1,200) square feet, or 35% of the required rear yard, which ever is less. For any accessory use structure greater than six hundred (600) square feet, the applicant must receive a conditional use approval pursuant to the procedures in Chapter 1111 of this Zoning Code.
      (iii)   All accessory use structures greater than two hundred (200) square feet shall not be constructed with a metal facade and shall be complementary to the principal structure on the property.
      (iv)   Accessory use structures two hundred (200) square feet or less in size shall be located no closer than six (6) feet from any lot line. Accessory use structures over two hundred (200) square feet shall be located no closer than fifteen (15) feet from any lot line.
      (v)   Accessory use structures located on property with access to two or more streets shall be adequately screened to reduce the visual impacted to the surrounding homes.
                                                                                                                           

1133.01 PURPOSE.

   It is the purpose of the O-R Office-Residential District to accommodate office, professional, residential and other similar uses that primarily utilize existing residential structures which may be converted to such uses while maintaining the essentially residential physical characteristics of the zoning district.

1133.02 PERMITTED ACCESSORY USES.

   (a)    Permitted accessory uses are as follows:
      (1)   Home Occupations; see Section 1165.08 regarding regulations.
      (2)   Satellite dishes; see Section 1165.07 regarding regulations.
      (3)   Private garages, storage sheds, and parking areas for the exclusive use of the occupants of the premises.
   (b)   Accessory use structures shall be located in the rear yard only and shall meet the following conditions:
      (i)   For all lots less than one acre, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred (600) square feet, or 35% of the required rear yard, whichever is less.
      (ii)   For all lots one acre or greater, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred and one (601) to twelve hundred (1,200) square feet, or 35% of the required rear yard, whichever is less. For any accessory use structure greater than six hundred (600) square feet, the applicant must receive a conditional use approval pursuant to the procedures in Chapter 1111 of this Zoning Code.
      (iii)   All accessory use structures greater than two hundred (200) square feet shall not be constructed with a metal facade and shall be complementary to the principal structure on the property.
      (iv)   Accessory use structures two hundred (200) square feet or less in size shall be located no closer than six (6) feet from any lot line. Accessory use structures over two hundred (200) square feet shall be located no closer than fifteen (15) feet from any lot line.
   Accessory use structures located on property with access to two or more streets shall be adequately screened to reduce the visual impacted to the surrounding homes.
                                                         

1135.01 PURPOSE.

   It is the purpose of B-C Business-Corridor Districts to provide for the needs for both convenience goods and the more common and often recurring shopping goods, and also personal and household services.

1135.02 PERMITTED ACCESSORY USES.

   (a)    Permitted accessory uses are as follows:
      1.   Satellite dish; see Section 1165.07 regarding regulations.
      2.   Any use or structure customarily accessory and incidental to any of the B-C Business-Corridor permitted uses.
   (b)   When abutting R-LD, R-MD, R-MF, O-R, or residential subdistricts of SPDs, accessory use structures shall be located in the rear yard only and shall meet the following conditions:
      (i)   For all lots less than one acre, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred (600) square feet, or 35% of the required rear yard, whichever is less.
      (ii)   For all lots one acre or greater, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred and one (601) to twelve hundred (1,200) square feet, or 35% of the required rear yard, whichever is less. For any accessory use structure greater than six hundred (600) square feet, the applicant must receive a conditional use approval pursuant to the procedures in Chapter 1111 of this Zoning Code.
      (iii)   All accessory use structures greater than two hundred (200) square feet shall not be constructed with a metal facade and shall be complementary to the principal structure on the property.
      (iv)   Accessory use structures two hundred (200) square feet or less in size shall be located no closer than six (6) feet from any lot line. Accessory use structures over two hundred (200) square feet shall be located no closer than fifteen (15) feet from any lot line.
      (v)   Accessory use structures located on property with access to two or more streets shall be adequately screened to reduce the visual impacted to the surrounding homes.
                                                                                                                            

1137.01 PURPOSE.

   It is the purpose of B-R Business-Retail Districts to provide for the needs for both convenience goods and the more common and often recurring shopping goods, and also personal and household services.

1137.02 PERMITTED ACCESSORY USES.

   (a)    Permitted accessory uses are as follows:
      1.   Satellite dish; see Section 1165.07 regarding regulations.
      2.   Any use or structure customarily accessory and incidental to any of the B-R Business-Retail permitted uses.
   (b)   When abutting R-LD, R-MD, R-MF, O-R, or residential subdistricts of SPDs, accessory use structures shall be located in the rear yard only and shall meet the following conditions:
      (i)   For all lots less than one acre, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred (600) square feet, or 35% of the required rear yard, whichever is less.
      (ii)   For all lots one acre or greater, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred and one (601) to twelve hundred (1,200) square feet, or 35% of the required rear yard, whichever is less. For any accessory use structure greater than six hundred (600) square feet, the applicant must receive a conditional use approval pursuant to the procedures in Chapter 1111 of this Zoning Code.
      (iii)   All accessory use structures greater than two hundred (200) square feet shall not be constructed with a metal facade and shall be complementary to the principal structure on the property.
      (iv)   Accessory use structures two hundred (200) square feet or less in size shall be located no closer than six (6) feet from any lot line. Accessory use structures over two hundred (200) square feet shall be located no closer than fifteen (15) feet from any lot line.
      (v)   Accessory use structures located on property with access to two or more streets shall be adequately screened to reduce the visual impact to the surrounding homes.
                                                                                                                             

1141.01 PURPOSE.

   It is the purpose of the H Historic District to encourage the functional grouping of those commercial, residential and accessory establishments encouraging the preservation of the historic character of Downtown Historic Loveland.

1141.02 PERMITTED ACCESSORY USES.

   (a)   Permitted accessory uses are as follows:
      (1)   Satellite dishes; see Section 1165.07 regarding regulations.
      (2)   Home occupations; see Section 1165.08 regarding regulations.
      (3)   Any permitted use or structure customarily accessory and incidental to any of the permitted uses.
   (b)   When abutting an R-District, O-R District, S-WP or S-WA District, accessory uses shall be located in the rear yard only and located not closer than 30 feet from any lot line and covering not more than 35% of the required rear yard.
                                                                                                                           

1143.01 PURPOSE.

   It is the purpose of the L-I Light Industrial District to accommodate light industrial uses such as: manufacturing, commercial, warehousing, office and research and development and related uses.

1143.02 PERMITTED ACCESSORY USES.

   (a)   Permitted accessory uses are as follows:
      1.   Satellite dish; see Section 1165.07 regarding regulations.
      2.   Any use or structure customarily accessory and incidental to any of the L-I Light Industrial permitted uses.
   (b)   When abutting R-LD, R-MD, R-MF, O-R, or residential subdistricts of SPDs, accessory use structures shall be located in the rear yard only and shall meet the following conditions:
      (i)   For all lots less than one acre, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred (600) square feet, or 35% of the required rear yard, whichever is less.
      (ii)   For all lots one acre or greater, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred and one (601) to twelve hundred (1,200) square feet, or 35% of the required rear yard, whichever is less. For any accessory use structure greater than six hundred (600) square feet, the applicant must receive a conditional use approval pursuant to the procedures in Chapter 1111 of this Zoning Code.
      (iii)   All accessory use structures greater than two hundred (200) square feet shall not be constructed with a metal facade and shall be complementary to the principal structure on the property.
      (iv)   Accessory use structures two hundred (200) square feet or less in size shall be located no closer than six (6) feet from any lot line. Accessory use structures over two hundred (200) square feet shall be located no closer than fifteen (15) feet from any lot line.
      (v)   Accessory use structures located on property with access to two or more streets shall be adequately screened to reduce the visual impact to the surrounding homes.
                                                                                                                           

1147.01 PURPOSE.

   It is the purpose of the S-WP Scenic Waterways Passive District to promote the preservation of the delicate, natural ecosystem that is located within the Little Miami River and O'Bannon Creek corridors by preventing any activity or use which is incompatible with the Scenic Waterways preservation or which is detrimental to the sensitive environmental character of the corridor. The Little Miami River, being a state and national scenic river, is an important riparian ecosystem and, as such, provides important habitats for a wide variety of birds, fish, and both aquatic and terrestrial mammals and plants. Furthermore, the S-WP Scenic Waterways Passive District contains a diversity of plant and animal life and an unusually broad range of habitats including: wetlands, nesting ledges, open meadows, and floodplain forests. The S-WP Scenic Waterways Passive District encompasses the Little Miami Scenic State Park, Ohio's longest corridor state park, and should therefore be preserved and protected for the benefit of this generation and generations to come.

1147.02 PERMITTED ACCESSORY USES.

   There shll be no accessory uses permitted in the S-WP Scenic Waterways Passive District.
                                                                                                                            

1149.01 PURPOSE.

   It is the purpose of the S-WA Scenic Waterways Active District to promote the preservation of the delicate, natural ecosystem that is located within the Little Miami River and O'Bannon Creek corridors by preventing any activity or use which is incompatible with the Scenic Waterways preservation or which is detrimental to the sensitive environmental character of the corridor while allowing for some active recreation and single family uses. The Little Miami River, being a state and national scenic river, is an important riparian ecosystem and, as such, provides important habitats for a wide variety of birds, fishes, and both aquatic and terrestrial mammals and plants. Furthermore, the S-WA Scenic Waterways Active District contains a diversity of plant and animal life and an unusually broad range of habitats including: wetlands, nesting ledges, open meadows, and floodplain forests. The S-WA Scenic Waterways Active District encompasses the Little Miami Scenic State Park, Ohio's longest corridor state park, and should therefore be preserved and protected for the benefit of this generation and generations to come.

1149.02 ERMITTED ACCESSORY USES.

   (a)   Any use or structure customarily accessory and incidental to any of the S-WA Scenic Waterways Active District permitted uses shall be permitted as an accessory use.
   (b)   When abutting R-LD, R-MD, R-MF, O-R, or residential subdistricts of SPDs, accessory use structures shall be located in the rear yard only and shall meet the following conditions:
      (i)   For all lots less than one acre, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred (600) square feet, or 35% of the required rear yard, whichever is less.
      (ii)   For all lots one acre or greater, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred and one (601) to twelve hundred (1,200) square feet, or 35% of the required rear yard, whichever is less. For any accessory use structure greater than six hundred (600) square feet, the applicant must receive a conditional use approval pursuant to the procedures in Chapter 1111 of this Zoning Code.
      (iii)   All accessory use structures greater than two hundred (200) square feet shall not be constructed with a metal facade and shall be complementary to the principal structure on the property.
      (iv)   Accessory use structures two hundred (200) square feet or less in size shall be located no closer than six (6) feet from any lot line. Accessory use structures over two hundred (200) square feet shall be located no closer than fifteen (15) feet from any lot line.
      (v)   Accessory use structures located on property with access to two or more streets shall be adequately screened to reduce the visual impact to the surrounding homes.
                                                                                                                            

1151.01 PURPOSE AND SCOPE.

   The purpose of the Special Planning District (SPD) is to regulate the development and use of property in areas throughout the City that contain sensitive or unique environmental, historic, architectural, or other features which require additional protections and flexibility not provided through the application of the current standard Zoning Ordinance, and to promote creative and sensitive site planning. It is the intent of this section to provide for a district which will permit a greater range or mixture of compatible uses in areas than would be allowable in the standard zoning classifications of this Zoning Code while also requiring features that protect against negative impacts of incompatible land uses or harm to the environment. It is the purpose of this District to provide an effective method for the City to guide the development of such areas so as to preserve such unique characteristics or to provide for the greater range or mixture of land uses when appropriate.
(Ord. 2007-46. Passed 6-12-07.)

1151.02 ESTABLISHMENT OF SPECIAL PLANNING DISTRICT.

      The establishment of an SPD shall be as follows:
   (a)   Initiation for establishment of an SPD. The initiation for the establishment of an SPD may be in one of the following ways:
      (1)   By adoption of a motion by Council for the Planning and Zoning Commission recommendation;
      (2)   By adoption of a motion by the Planning and Zoning Commission through the following steps:
         A.   A Preliminary Review meeting of the applicant with the Planning and Zoning Commission at a regularly scheduled meeting to review plans and general scope of the proposed project.
         B.   If it is the determination of the Planning and Zoning Commission that the proposed project may fall within the SPD purpose and scope as defined within section 1151.01, it shall set a public hearing within forty-five (45) days of the preliminary review meeting per sections 1151.07 (b) and (c) to review conceptual plans and garner public input.
         C.   Within thirty (30) days of the Public Hearing, the Planning and Zoning Commission shall either:
            1.   Vote to adopt a motion recommending the initiation of the SPD to City Council
            2.   Vote to continue the review of the SPD
            3.   Vote not to recommend the initiation of the SPD
         D.   The formal action of the Planning and Zoning Commission shall be forwarded to City Council within thirty (30) days.
   (b)    Once initiated, the following are the action steps for the establishment of a SPD:
      (1)   City Council shall set a public hearing per sections 1151.07 (a) and (b) to consider adoption of a resolution adopting a concept plan, development guidelines, and a written finding of fact per Section 1151.03. Once City Council has approved a concept plan and development guidelines for an SPD by resolution, the formal process of establishing and amending the zoning text and map to create an SPD may occur in Section 1151.07
      (2)   Planning and Zoning must hold a public hearing and consider a formal zoning text and map change per Section 1151.07.
   Once a recommendation is made by Planning and Zoning, City Council shall hold a public hearing and consider the recommendation of the Planning and Zoning Commission regarding the formal zoning text and map change per Section 1151.09.
   When City Council approves the zoning text and zoning map amendment, the property owner or developer may submit preliminary plats to Planning and Zoning for review per Section 1151.11.
(Ord. 2018-76. Passed 7-24-18)

1151.03 REQUIRED FINDINGS OF FACT FOR THE ESTABLISHMENT OF AN SPD DISTRICT.

   In order for Council to adopt an SPD, it must first make written findings that one or more of the following conditions exist, or will exist, within the proposed SPD:
   (a)   A concentration of retail and service oriented commercial establishments serving as a principal business activity center for the community.
   (b)   Land that is occupied by substantial natural characteristics worthy of preservation or which are historic aids to the identification of residential communities which help residents relate to their communities and to relate the social organization of communities to their physical environments.
   (c)   Lands which permit for ingenuity, imagination, and design efforts on the part of builders, architects, site planners, and developers that can produce residential developments which are in keeping with overall land use intensity and open space objectives of the Comprehensive Plan while departing from the strict application of use, setback, height, and minimum lot size requirements contained in the Zoning Code.
      (Ord. 2007-46. Passed 6-12-07.) 

1151.04 REQUIRED CONCEPTUAL PLAN.

   For each specific SPD established by the City, a separate conceptual development plan and development guidelines shall be created and adopted by Council, following the procedures set forth in this chapter. A conceptual development plan shall be drawn to a scale of a minimum of one (1) inch equals one hundred (100) feet and shall include the following as a minimum:
   (a)   Legal Description or Survey;
   (b)   Circulation - circulation systems identifying all major pedestrian and vehicular ways;
   (c)   Land use - shall include schematic presentation of basic land uses and their relationship to existing vegetation, topography, and other natural usual aspects of the site including descriptions of proposed uses in the non-residential portions of the site;
   (d)   Density - indicating the net density of areas under review and an indication of the type(s) of structure(s);
   (e)   Transition - including descriptions of how transitions will be accomplished between the SPD District and adjacent districts, i.e., buffers and access. Plan must include adjoining property.
      (1)   The aforementioned information required may be combined in any suitable and convenient manner so long as the data required is clearly indicated. A separate drawing or plan for each element is not required, but may be provided at the option of the applicant.
      (2)   The development guidelines and standards for each specific SPD shall include those features as identified in Section 1151.05 of this Zoning Code.
   (f)   Uses within each of the SPD districts shall be depicted on the approved conceptual development plan for that particular SPD. The Conceptual Development Plan may be divided into subdistricts and may contain provisions for the following:
      (1)   Principal permitted uses,
      (2)   Accessory uses,
      (3)   Conditional uses, and
      (4)   Special exceptions.
   Council has the authority to regulate the location, size, and intensity of such uses where deemed appropriate.
(Ord. 2007-46. Passed 6-12-07.)

1151.05 REQUIRED DEVELOPMENT GUIDELINES.

   Council will adopt guidelines for development in the Special Planning District area. Such guidelines will be incorporated into the Conceptual Development Plan or will be contained in a separate written text. The following list is to be used as a guide, but is not necessarily inclusive of all requirements. Council will add or omit requirements to meet the needs of each SPD.
   (a)   Location, size, orientation, and shape of buildings,
   (b)   Building materials and appurtenances,
   (c)   Parking,
   (d)   Signs,
   (e)   Exterior renovation or altering of an existing structure,
   (f)   Demolition,
   (g)   Landscaping and buffers,
   (h)   Environmental and natural resource protection,
   (i)   Erosion and sedimentation control,
   (j)   Vehicular and pedestrian circulation,
   (k)   Outdoor lighting,
   (l)   Minimum lot area,
   (m)    Minimum lot frontage,
   (n)   Minimum lot width,
   (o)   Minimum front yard setback,
   (p)   Minimum side yard setback,
   (q)   Minimum rear yard setback,
   (r)   Maximum height of structures (principal and accessory),
   (s)   Accessory use structures shall be located in the rear yard only and shall meet the following conditions:
      (1)   For all lots less than one acre, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred (600) square feet, or 35% of the required rear yard, which ever is less.
      (2)   For all lots one acre or greater, accessory structures shall have an average height of no greater than fifteen (15) feet and shall be limited to six hundred and one (601) to twelve hundred (1,200) square feet, or 35% of the required rear yard, which ever is less. For any accessory use structure greater than six hundred (600) square feet, the applicant must receive a conditional use approval pursuant to the procedures in §1111.06 of this Zoning Code.
      (3)   All accessory use structures greater than two hundred (200) square feet shall not be constructed with a metal facade and shall be complimentary to the principle structure on the property.
      (4)   Accessory use structures two hundred (200) square feet or less in size shall be located no closer than six (6) feet from any lot line. Accessory use structures over two hundred (200) square feet shall be located no closer than fifteen (15) feet from any lot line.
      (5)   Accessory use structures located on property with access to two or more streets shall be adequately screened to reduce the visual impacted to the surrounding homes.
   (t)   Other requirements:
      (1)   Maximum floor area ratio,
      (2)   Minimum floor area (square feet),
      (3)   Maximum lot coverage (percentage),
   (u)   Minimum living area (square feet),
   (v)   Site access,
   (w)   Site screening,
   (x)    Dumpsters,
   (y)   Open space, and
   (z)   Density.
      (Ord. 2007-46. Passed 6-12-07.) 

1151.06 CONTENTS OF APPLICATIONS FOR FORMAL ESTABLISHMENT OF AN SPD.

   Once City Council adopts a resolution per Section 1151.02(b)(1), the property owner, the property owner’s agent or the City must attest to the truth and exactness of all information supplied in the application provided that an individual signing as the applicant's agent shall furnish proof of his authority to act for the applicant. At a minimum the application shall contain the following information:
   (a)   Name, address and phone number of applicant;
   (b)   Proposed amendment to the text or a survey of the property proposed to be rezoned;
   (c)   Present use;
   (d)   Present zoning district;
   (e)   Proposed use including any plans that the applicant has developed;
   (f)   Proposed SPD zoning district;
   (g)   A vicinity map at a scale of not less than one (1) inch equals one hundred (100) feet showing property lines, streets, existing and proposed zoning existing use of all buildings and the principal use of all properties within 300 feet of such land and such other items as the Zoning Administrator may require and;
   (h)   A fee as established by Council.
      (Ord. 2007-46. Passed 6-12-07.) 

1151.07 TRANSMITTAL TO PLANNING AND ZONING COMMISSION.

   Following the adoption of a resolution Section 1151.02(b)(1) by City Council for consideration of a Zoning Code text and map amendment for an SPD, the resolution including written findings of fact, a concept plan and development guidelines, and an application shall be transmitted to the Planning and Zoning Commission. At the time that the City Council findings and guidelines are received by the Planning and Zoning Commission, a presentation by the applicant shall be made to introduce the requested zone change to the Planning and Zoning Commission and to allow for an exchange of information to clarify the nature of the proposed SPD.
   (a)   Public hearing by Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing to consider the zoning text and map amendment for the creation of an SPD.
   (b)   Notice of Public Hearing in Newspaper. Before holding the public hearing provided for in Section 1151.07(a), notice of such hearing shall be given by publication of a notice in a newspaper of general circulation in the city at least once, ten days prior to the meeting. This notice shall set forth the time and place of the public hearing and the nature of the proposed amendment. When the proposed action has been initiated by the City of Loveland, the City of Loveland shall at its cost provide the publication of the notice. When the proposed action has been initiated by a party other than the City of Loveland, the initiating party shall provide at its cost the publication of said notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
   (c)   Written Notice. Written notice of the public hearing referenced in Section 1151.07(a) shall be provided to the owners of the real property within the area of the proposed SPD and to the owner or owners within three hundred feet (300’) in any direction of the boundaries of the proposed SPD. For the purposes of this section, the words “owner and owners” shall mean those persons appearing on the County's current tax duplicate as the owner or owners of fee simple title to the said real properties. Such written notice shall be provided at least ten (10) days prior to the date of the hearing by hand delivery, or by posting same by prepaid ordinary U.S. Mail, at the address listed upon the said tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in Section 1151.07(b). When the proposed SPD has been initiated by the City of Loveland, the City shall provide at its cost the hand or postal delivery provided hereinabove. When the proposed SPD has been initiated by a party other than the City of Loveland, the initiating party shall provide at its cost the hand or postal delivery provided hereinabove and shall file with the Planning and Zoning Commission on or before the date of the said hearing an affidavit confirming compliance with the provisions of this Section. The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of the Planning and Zoning Commission and/or City Council on the said SPD.
(Ord. 2007-46. Passed 6-12-07.)

1151.08 STANDARDS FOR SPECIAL PLANNING DISTRICT ZONING MAP AMENDMENTS.

   Recommendations made only by the Planning and Zoning Commission shall be considered for zoning map amendments. All recommendations by the Planning and Zoning Commission for Zoning Map amendments for an SPD shall be consistent with the City of Loveland’s adopted plans, goals, and policies and with the intent of this Code.
   (a)   Prior to making a recommendation on a proposed rezoning, the Planning and Zoning Commission shall make a finding to determine if the following conditions exist. No rezoning of land shall be approved prior to specific documents finding at least one (1) of the following:
      (1)   There has been a change in demand for land which alters the information upon which the zoning map is based.
      (2)   A study indicates that there has been an increase in the demand for land in the requested SPD, and as a result, the supply of land within the City of Loveland mapped as such on the zoning map, is inadequate to meet the demands for such development.
      (3)   Proposed uses cannot be accommodated by sites already zoned in the City due to lack of transportation or utilities or other development constraints, or the market to be served by the proposed use cannot be effectively served by the location of the existing zoning district.
      (4)   There is an error in the Code text or Zoning Map as enacted.
      (5)   The proposed development, based on the land practice is well suited for an SPD.
   (b)   No residentially zoned district shall be rezoned to a non-residential SPD district unless such proposed rezoning site is contiguous to land in the proposed zoning district classification, unless the property to be rezoned to a SPD is in the process of being annexed, joined or merged with the City of Loveland, in which case the requirements of Section 1123.07 shall apply.
   (c)   In addition to the findings required to be made by subsection (b) hereof, findings shall be made by the Planning and Zoning Commission on each of the following matters based on the evidence presented:
      (1)   The extent to which the proposed amendment and proposed use are in compliance with and deviate from adopted plans, goals and policies.
      (2)   The suitability of the property in question for the uses permitted under the proposed zoning.
      (3)   The adequacy of public facilities such as transportation, utilities, and other required public services to serve the proposed use.
      (4)   The effect of the proposed rezoning on surrounding uses.
      (5)   The effect of the proposed rezoning on the economic viability of existing developed and vacant land within the City.
   (d)   The Planning and Zoning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and not solely for the interest of the application.
   (e)   The Planning and Zoning Commission shall make a recommendation as to the regulations of a specific zoning district or districts which shall be applicable to the proposed said SPD in the event that the SPD is silent on specific point or points.
   (f)   After the close of the public hearing provided for in Section 1151.07(a), the Planning and Zoning Commission shall recommend to Council, in a time period no longer than thirty five (35) days, that the amendment be granted as requested, or it may recommend a modification of the amendment requested or it may recommend the amendment not be granted. The Planning and Zoning Commission shall transmit its recommendation to Council.
      (Ord. 2007-46. Passed 6-12-07.)

1151.09 ESTABLISHMENT OF A SPECIAL PLANNING DISTRICT BY CITY COUNCIL.

   Upon receipt of the recommendation from the Planning and Zoning Commission, Council shall schedule, hold and close a public hearing.
   (a)   Notice of the public hearing shall be given by publication of a notice in a newspaper of general circulation in the city. Such notice shall be published at least ten (10) days before the date of the public hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment. When the proposed action has been initiated by the City of Loveland, the City shall at its cost provide the publication of the said notice. When the proposed action has been initiated by a party other than the City of Loveland, the initiating party shall provide at its cost the publication of the said notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which said affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
   (b)   Written notice of the City Council public hearing shall be provided to the owner or owners of the real property within the area of the proposed SPD and to the owner or owners within three hundred feet (300’) in any direction of the boundaries of the proposed SPD. For the purposes of this section, the words “owner” and “owners”: shall mean those persons appearing on the County's current tax duplicate as the owner or owners of fee simple title to the said real properties. Such written notice shall be provided at least 10 days prior to the date of the hearing by hand delivery, or by posting same by prepaid ordinary U.S. Mail at the address listed upon the said tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in Section 1151.09(a). When the proposed SPD has been initiated by the City, the City shall provide at its cost the hand or postal delivery provided hereinabove. When the proposed SPD has been initiated by a party other than the City of Loveland, the initiating party shall provide at its cost the hand or postal delivery provided hereinabove and shall file with the Clerk of Council on or before the date of the said hearing an affidavit confirming compliance with the provisions of this Section. The failure to hand deliver or mail the notice provided by this Section shall not, however, invalidate, any action of the City Council on the said SPD.
   (c)   Upon completion of the public hearing, City Council may approve or disapprove the recommendation of Planning and Zoning Commission by a simple majority. Council may modify the recommendation of Planning and Zoning Commission by a 3/4 majority vote. Final action on the amendment must be taken within thirty-five days of the close of Council's public hearing; failure to take action within such change to thirty-five period shall constitute disapproval.
      (Ord. 2007-46. Passed 6-12-07.)

1151.10 DESIGNATION AND RELATIONSHIP TO THE ZONING CODE.

   (a)   The SPD District shall be designated by the abbreviation "SPD" followed by a number specific to the designation on the Official Zoning Map of the City. All property so classified is subject to the provisions of this Section and an adopted ordinance pursuant to this Chapter.
   (b)   The requirements for each SPD District shall be adopted as appendices to the Zoning Code and shall, upon its effective date, supersede any conflicting requirements of this chapter. Where an SPD requirement is silent on a specific point, the appropriate sections of the Zoning Code shall apply. All Preliminary and Final Development Plans approved under the Planned Unit Residential Development regulations are adopted, along with all conditions of approval, as Preliminary or Final Development Plans pursuant to this Chapter.
(Ord. 2007-46. Passed 6-12-07.)

1151.11 PRELIMINARY DEVELOPMENT PLAN APPROVAL PROCEDURES.

   (a)   Application for approval of a preliminary development plan shall be made to the Planning and Zoning Commission.
   (b)    If the preliminary development plan is not found to be in compliance with the conceptual development plan by the Planning and Zoning Commission, the applicant may go to City Council for a new conceptual development plan, in which case the procedures set forth in Section 1151.04 and Section 1151.15 of the Zoning Code shall be followed.
   (c)   Preliminary Plan. The Planning and Zoning Commission shall have the authority to extend the thirty-five days review period for an additional thirty five days to properly and thoroughly review the preliminary plan.
(Ord. 2007-46. Passed 6-12-07.)

1151.12 FINAL DEVELOPMENT PLAN APPROVAL PROCEDURES.

   (a)   Application for approval of a Final Development Plan shall be made to the Planning and Zoning Commission. The Planning and Zoning Commission shall approve or disapprove the request within thirty-five days if the final plan is determined by the Planning and Zoning Commission to be in conformance with the approved.
   (b)   If the Final Development Plan is not found to be in compliance with the Preliminary Development Plan by the Planning and Zoning Commission, the applicant may go to City Council for a new Conceptual Development Plan or resubmit a new Final Development Plan, in which case the procedures set forth in Section 1151.04 and Section 1151.15 of the Zoning Code shall be followed.
(Ord. 2007-46. Passed 6-12-07.)

1151.13 REVISIONS TO APPROVED PLANS.

   After the final development plan has been approved by the Commission, the following provisions will apply to any changes made to that plan:
   (a)   Minor Revisions. Adjustments or minor rearrangements of buildings, parking areas, loading areas, entrances, heights of structure or yards may be authorized by the Planning and Zoning Commission; and
   (b)   Substantial Variations. New plans, additional buildings or structures, changes in land use density increases shall be resubmitted pursuant to the same process as a final development plan.
(Ord. 2007-46. Passed 6-12-07.)

1151.14 TIME LIMITATIONS OF APPROVALS.

   It is the intent of this Section to establish the time period of validity for an approved plan for modification or construction delay where applicable.
   (a)   Zoning: Once an SPD District is created, it may only be changed through the Zoning Code provisions for a zone change.
   (b)   Conceptual Development Plan: If preliminary development plan approval has not been requested within twelve (12) months of conceptual plan approval, such conceptual approval shall lapse, unless a written request is approved by the Planning and Zoning Commission. If approved, the time may be extended for an additional 12 months.
   (c)   Preliminary Development Plan: If final plan approval has not been requested within twelve (12) months of preliminary plan approval, such preliminary approval shall lapse, unless a written request is approved by the Planning & Zoning Commission. If approved the time may be extended for an additional 12 months
   (d)   Final Development Plan: If no construction has begun pursuant to an approved Final Development plan within twelve (12) months after it is approved by the Planning and Zoning Commission, the Final Development plan approval shall lapse. An extension of time may be authorized by the Planning and Zoning Commission for good cause, not to exceed twelve (12) months.
      (Ord. 2007-46. Passed 6-12-07.)

1151.15 SUBMISSION REQUIREMENTS FOR DEVELOPMENT PLANS AND ZONE CHANGES.

   (a)   Preliminary Development Plan: Preliminary Development Plans shall be drawn to a scale of a minimum of one (1) inch equals fifty (50) feet and shall be in conformity to the conceptual development plan and shall include the following as a minimum: (NB: This is code adoption compliance)
      (1)   Area - The total area in the project;
      (2)   Zones - The present zoning of the subject and all adjacent properties;
      (3)   Rights-of-way and easements - Shall include all public and private rights-of-way and easements located on or adjacent to the subject property which are proposed to be continued, created, enlarged relocated, or abandoned;
      (4)   Topography - Existing and proposed topographical changes shown by contour lines with intervals not to exceed five (5) feet;
      (5)   Non-Residential Uses - Delineation of all existing and proposed non-residential structural uses on the property:
          A.   Commercial - location and types of all uses including approximate number of acres, gross floor area, and heights of buildings, and
         B.   Open Space and Recreation - the approximate amount of area proposed for common open space including the location of recreational facilities and identification of unique natural features to be retained, and descriptive data as to the methods to be employed for continuity and maintenance, and
         C.   Other Public and Semi-Public Uses - location and types of all uses, including approximate number of acreage and heights of buildings;
      (6)   Pedestrian Circulation - location of proposed pedestrian walkways, bikeways;
      (7)   Streets - location of proposed streets, identifying approximate dimensions of pavement, right-of-way width and grades;
      (8)   Utilities Available - certification from appropriate water, sewer, gas and electric agencies that adequate services will be available at the expected time of development;
      (9)   Soil Types - identification of soil types and geologic formation on the subject property, indicating anticipated problems and proposed methods of handling said problems;
      (10)   Other - other information which may be deemed necessary for description and/or to insure proper integration of the proposed project in this area;
      (11)   Parking and loading - general size and location of parking and loading facilities;
      (12)   General description of the availability of other existing community facilities, such as schools, fire and police protection services, and cultural facilities, if any, and how these facilities are affected by this proposal; and
      (13)   Development Schedule - a schedule of development, including staging and phase of:
         A.   Public Facilities - streets, utilities and other public facility improvements in order of priority;
         B.   Dedication - dedication of land to public use or set aside for common ownership; and
         C.   Buildings - buildings and uses.
   (b)   Final Development Plan: The Final Development Plan shall be drawn to a scale of one (1) inch equals fifty (50) feet and shall be in conformity with the Preliminary Development Plan and shall include the following as a minimum:
      (1)   Topography - the existing and proposed finished topography of subject property shall be shown by contours with intervals as determined by the Planning and Zoning Commission at the preliminary plan approval;
      (2)   Buildings - location, height, schematic, elevation, arrangement and identification of all buildings and uses on the subject property and, where applicable, location and arrangement of all lots with lot dimensions shall be provided;
      (3)   Open space and recreation - location and arrangement of all common open space areas and recreational facilities, including lot dimensions. Methods of ownership and operations and maintenance of such lands shall be identified;
      (4)   Landscaping - landscaping features including identification of planting areas, species and size of plants and the location, type, and height of walls and fences shall be provided;
      (5)   Signs - location of signs indicating their orientation, lighting, size and height in enough detail to assure reasonable compatibility throughout the project;
      (6)   Utilities - all utility lines and easements shall be provided/identified:
         A.   Water - water distribution systems, including pipe size, width of easement, type of pipe, location of hydrants and valves, and other appurtenances;
         B.   Sanitary Sewers - sanitary sewer system, including pipe size, gradients type of pipes, invert elevations, location and type of manholes, width of easements, the location, type, size and capacity of all lift or pumping stations;
         C.   Stormwater Detention - a system of stormwater control for runoff and detention for both before and after construction; and
         D.   Other utilities - other utilities such as electric, telephone, cable television, etc., including the type of service and the width or easements shall be provided;
      (7)   Parking and Loading - location of all off-street parking, loading and/or unloading, and driveway areas, including cross sections, the type of surfacing, dimensions, and the number and arrangements of off-street parking, and loading/unloading spaces shall be identified;
      (8)   Circulation System - location of proposed and existing pedestrian and vehicular systems shall be identified;
         A.   Pedestrian - pedestrian walkways, and bikeways including alignment, grades, type of surfacing and width; and
         B.   Streets - public and private streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details, and typical cross section.
      (9)   Exterior lighting;
      (10)   If record title of ownership is changed for all or any property within the tract of land proposed for the development, the records of the Planning and Zoning Commission and related documents shall be amended to reflect such changes before maps and documents are given final approval;
      (11)   Development Schedule - a schedule of development, including the staging or phasing of:
         A.   Streets - streets, utilities and other public facility improvements, in order of priority;
         B.   Public/Common Area - dedication of land to public use or set aside for common ownership;
         C.   Buildings - buildings and uses, in order of priority of construction;
         D.   Recreation, open space; and
         E.   Deeding of property to the City.
   The aforementioned information may be combined in any suitable and convenient manner that clearly represents the required data. Specific submission requirements may be waived by the Planning and Zoning Commission if the requirements are judged inappropriate for the particular situation.
(Ord. 2007-46. Passed 6-12-07.)

1151.16 FAILURE TO BEGIN DEVELOPMENT.

   (a)   If no construction has begun in the development within one (1) year from the date of approval of the final development plan for the overall project or for any part thereof, the approval shall lapse and be of no further effect,, unless a written request is approved by the Planning & Zoning Commission. If approved the time may be extended for an additional twelve months.
   (b)   A percentage, as determined by the Planning and Zoning Commission, of the total construction cost must be expended to define the start of the development. This percentage will be provided within thirty days upon request by the applicant.
(Ord. 2007-46. Passed 6-12-07.) 

1151.17 RECORDING.

   Upon approval of the final development plan by the Planning and Zoning Commission, the applicant shall cause the terms and conditions of the approval to be recited in a recordable instrument, approved as to form by the Law Director. The recordable instrument shall recite that the conditions of the Special Planned District are covenants that run with the land and are enforceable by the City. The Law Director shall cause such terms and conditions to be recorded with Hamilton County, Clermont County, or Warren County Recorder's Office, depending on the location of the property. The costs of recording shall be borne by the applicant. No building permit will be issued until such time as the terms and conditions are recorded pursuant to this section.
(Ord. 2007-46. Passed 6-12-07.)

1151.18 PROCEDURE FOR DEVELOPMENT PLAN AND ZONE CHANGE REVIEW APPROVAL.

   No building permit shall be issued nor any plans be approved for zoning compliance for real estate in any of the SPD Districts/subdistricts unless permitted under exemptions or a Preliminary and Final Development Plan, as defined and as governed by the procedures contained in this section are approved as being in compliance with the approved Conceptual Development Plan and associated standards and requirements contained or referenced in this section or corresponding appendix. Submission of a Preliminary Development Plan may be made for all or a portion of a tract covered by the existing conceptual development plan. Simultaneous submission of a Preliminary Development Plan and a Final Development Plan is not permitted.
(Ord. 2007-46. Passed 6-12-07.)

1151.19 EXEMPTIONS FOR PERMITS IN A SPD DISTRICT/SUBDISTRICT.

   Unless specifically addressed in the SPD, the following must only meet the requirements of the Zoning Code or other applicable codes as adopted by the City.
   (a)   Any permit for interior alterations,
   (b)   Any permit for mechanical or electrical systems,
   (c)   Any permit for the construction or repair of fences,
   (d)   Any permit necessary for the alteration or construction of signs,
   (e)   Any permit for exterior renovations,
   (f)   All permits for demolition or wrecking, and
   (g)   Other exemptions allowed in the creation of specific SPD Districts.
      (Ord. 2007-46. Passed 6-12-07.)
                                                                                                                              

1153.01 PURPOSE.

   It is the purpose of the CCD Corporate Campus District to provide an area where certain office and professional uses can coexist with research and development type facilities and other similar uses conducted completely within enclosed buildings and arranged in a campus or park type setting to provide an environment for scientific and engineering personnel working on technical projects.

1153.02 PERMITTED ACCESSORY USES.

   Permitted accessory uses are as follows:
   (a)   Satellite Dishes; see Section 1165.07 regarding regulations.
   (b)   Financial institutions excluding freestanding automated teller machines; provided that such financial institutions do not occupy more than 5% of the total gross floor area of the principal structure.
   (c)   Retail sales; provided that such retail sales do not occupy more than 5% of the total floor area of the principal structure.
   (d)   Restaurants; provided that such restaurant use does not occupy more than 10% of the total floor area of the principal structure.
   (e)   Warehousing accessory to the principal permitted use provided such warehousing is for the storage of goods, products or materials associated with the principal use,
                                                                                                                           

1155.01 PURPOSE.

   It is the purpose of the A Agricultural District to protect land best suited for agricultural use from the encroachment of incompatible land uses and to preserve valuable agricultural land for agricultural uses and to retain land suited for eventual development for urban uses in a productive agricultural use until an adjoining community can grow and expand in an orderly manner.

1155.02 PERMITTED ACCESSORY USES.

   Permitted accessory uses are as follows:
   (a)   Home Occupations; see Section 1165.08 regarding regulations.
   (b)   Satellite dishes; see Section 1165.07 regarding regulations.
   (c)   Any use or structure customarily accessory and incidental to any of the permitted uses; as determined by the Planning & Zoning Commission.

1157.01 PURPOSE AND SCOPE.

   The purpose of the Loveland-Madeira Overlay District is to enhance and protect development along Loveland-Madeira Road and to promote the goals and objectives for the corridor as established in the City of Loveland Comprehensive Plan Update and to improve the appearance of structures and other improvements visible from Loveland Madeira Road. The Loveland-Madeira Overlay District is coterminous with the B-R Business Retail District on Loveland Madeira Road.

1157.02 DESIGNATION.

   The Loveland-Madeira Overlay District shall be designated by the abbreviation "LMO" on the Official Zoning Map of the City of Loveland. All property located within the LMO shall be so classified as subject to the provisions of this chapter.

1157.03 APPLICABILITY.

   (a)   The LMO shall provide additional zoning restrictions in the existing zoning district remaining intact. All provisions of the underlying zoning shall apply, except as specifically modified by this chapter.
   (b)   All changes to building color, signage, or outdoor sales and storage shall be subject to Section 1157.07 (d), (e), and (i). Such changes shall not be permitted unless the Building and Zoning Official approves the proposed changes.
   (c)   Effective with the adoptions of the LMO, the regulations within this district shall apply to new property development and any substantial expansions of existing structures. "Substantial expansions" shall be defined as one or more expansion projects that individually or collectively expand the structure or add value to the structure in excess of the criteria set forth in the table below, except for individual single-family dwelling, two-family dwellings, and parking areas with five (5) parking spaces or less. For purposes of this chapter, "value" shall mean the fair market value as determined by the Hamilton County Auditor's Office.
 
When Existing Structure Is
A Substantial Expansion is
0-1,000 Sq. Ft.
50% or greater increase in square footage or value
1,001 Sq. Ft. - 10,000 Sq. Ft.
40% or greater increase in square footage or value
10,001 Sq. Ft. - 25,000 Sq. Ft.
30% or greater increase in square footage or value
25,001 Sq. Ft. - 50,000 Sq. Ft.
20% or greater increase in square footage or value
50,001 Sq. Ft. - 100,000 Sq. Ft.
10% or greater increase in square footage or value
 
   (d)   The LMO shall also apply in cases where an existing structure is completely demolished and the site is redeveloped and where a new building is constructed on a site and it is not attached to an existing structure.
 
   (e)   Applications for signage in the LMO District shall be reviewed and processed by the Building and Zoning Official within thirty (30) work days of receipt.
(Od. 2019-57. Passed 6-25-19.)

1157.04 EXEMPTIONS.

   The following are exempted from the LMO and must only meet the requirements of the Zoning Code or other applicable codes as adopted by the City.
   (a)   Expansion of the primary building, accessory building, or service structure where it is not, nor will ever be visible from the Loveland Madeira Road public right-of- way.
   (b)   Any permit for interior alterations and repairs;
   (c)   Any permit for modification to the rear facade or any facade that will not be visible in the future from the Loveland Madeira Road public right-of-way;
   (d)   Any permit necessary for compliance with a lawful order of the Zoning Administrator; and
   (e)   Any permit necessary for the immediate protection of the public health and safety as determined by the Building.

1157.05 REVIEW PROCESS.

   All requirements and design standards occurring in the LMO shall be reviewed as part of the site plan review process defined in Section 1111.09.

1157.06 APPLICATION REQUIREMENTS.

   The applicant shall submit six (6) copies of the following to the Zoning Administrator, by the deadlines established by the Building and Zoning Division, for review by the Planning and Zoning Commission as part of the site plan review process.
   (a)   All information required for a site plan review as established in Section 1111.09(b).
   (b)   Color photographs or digital images of the existing structure or site from all sides.
   (c)   A written description detailing the existing use(s) of the property and the proposed uses for the site or structure.
   (d)   A site plan depicting all existing and proposed wooded areas and landscaping. The wooded areas and landscaping may be illustrated on the overall site plan or on a separate landscaping plan.
   (e)   Architectural renderings or drawings shall be submitted indicating elevations and details to demonstrate compliance with the LMO regulations. Plans shall provide sufficient detail to illustrate size, material, color, proportion, and appearance of all proposed site features such as walls, fences, signs, bollards, and site furnishings.
   (f)   A color rendered elevation of all new signs, sign structures, and awnings shall be included that shall illustrate the placement, size, color, and style of any graphic treatment to be affixed or painted on the structure or site. The Planning and Zoning Commission may approve an application without a rendered elevation of signs if the tenants of the proposed space are unknown at the time of the application. Such tenants or the property owner shall be required to submit information on any proposed sign for review for compliance per Section 1157.03 prior to occupancy.
   (g)   Building material and color samples shall be submitted with the application. The samples will be retained by the Zoning Administrator until the project is completed to ensure compliance with the Planning and Zoning Commission's approval.

1157.07 REVIEW STANDARDS.

   (a)   Setback.
      (1)   Open spaces between buildings that create courtyards or walkways at least six (6) feet in width to the rear of the property or to adjacent properties shall be required.
      (2)   Underlying zoning district setbacks and lot area requirements may be varied or waived by the Planning and Zoning Commission in accordance with subsection (l) hereof.
   (b)   Utility Services. All utility services between the street or right-of-way and any building shall be placed underground for all new services and properties that are substantially expanded.
   (c)   Building Design.
      (1)   All elevations of a building or structure visible from any public right-of- way shall be subject to review.
      (2)   A front facade shall be architecturally emphasized, and all facades of a building visible from the public right-of-way shall be architecturally consistent with the front facade.
      (3)   Buildings shall be architecturally oriented to the street and the main entrance shall be located on the front street facade.
      (4)   Acceptable building materials shall include natural materials such as brick, wood, stone, glass and stucco, or other building materials that look like brick, wood, stone, glass and stucco.
      (5)   Flat roofs are permitted with the use of cornices, parapets, or some form of architectural emphasis along the roofline.
      (6)   Multiple primary buildings on the same site shall be designed to create a cohesive visual relationship between the buildings.
      (7)   Commercial and residential buildings shall be sited to provide functional, usable outdoor spaces, and public spaces that enhance the use of the building, and to the greatest extent possible, the neighboring buildings.
      (8)   Standards for temporary buildings are the same as those for permanent buildings. A waiver may be provided by the Planning and Zoning Commission under the following conditions:
         A.   The temporary building is located in an area that is not currently visible, nor will be visible in the future, from any public right-of- way; or
         B.   The temporary building is being used during a period of construction on the subject site and the temporary building shall be removed within thirty (30) days following the completion of construction.
      (9)   Long or continuous wall planes should be avoided with a maximum uninterrupted single wall plane of thirty (30) feet. Wall planes may be interrupted by changes in building color, material, facade interruptions, or other similar architectural treatment.
      (10)   Utility meters shall be located so as to be screened from view from the public right-of-way.
         (Ord. 2003-70. Passed 9-9-03.)
   (d)   Colors.
      (1)   Colors shall be primarily neutral or earth tones. Neutral colors include beige, ivory, taupe, black, grey, and white. Earth tone colors include colors from the palette of browns, tans, greys, greens, blues, oranges, and reds. Earth tone colors should be flat or muted. High intensity colors, bright primary colors, metallic colors, or fluorescent colors are prohibited. Shiny, glossy or reflective materials are prohibited. Neon lighting as an architectural trim is prohibited. Color shades shall be selected in general harmony with existing surrounding buildings. Signs in the Loveland Madeira Overlay District shall be conducive with surrounding signage uses regardless of signage being a corporate or franchise mark.
      (2)   All vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted to match the color of the adjacent surface, unless being used expressly as a trim or accent element.
         (Ord. 2019-62. Passed 7-9-19.)
   (e)   Signs.
      (1)   Wall signs.
         A.   One (1) wall sign shall be permitted for each separate tenant of the building.
         B.   One (1) wall sign shall be permitted for each side of a building, whereby the tenant occupies the space adjoining the external wall. Wall Signs which are adjacent to a residential district or residential use and not a public right of way shall not be externally or internally illuminated.
         C.   Wall signs shall not project more than twelve (12) inches from the building face and shall not extend above or beyond the wall to which it is attached. The Planning and Zoning Commission may provide a waiver for this regulation if the raceway or structural support for the wall sign forces the sign to project more than twelve (12) inches from the building face.
         D.   The total length of the wall sign shall not exceed eighty percent (80%) of the lineal width of the building or tenant space.
         E.   Facades with a variety of widths due to a nonsquare parapet or roof shall be measured from all points along the edge of the facade to create a sign width envelope.
Figure 1157.07-A
80% Wall Sign Width
Envelope (dashed line)
 
         F.   A setback of ten percent (10%) of the facade width shall be maintained on each side of the facade as a sign buffer.
Figure 1157.07-B
 
         G.   The height of a wall sign shall not exceed twelve and one-half percent (12.5%) of the building facade height. The height of the wall sign may be increased by one percent (l%) for every ten percent (10%) of sign width requirement that is reduced (i.e. the maximum height of a wall sign may be increased to thirteen and one-half percent (13.5%) provided that the maximum width of the wall sign is reduced to seventy percent (70%) of the facade width).
         H.   Logos that are not created by text shall not exceed twenty-five percent (25%) of the building facade height.
         I.   The maximum sign area for all wall signs on a single facade shall not exceed fifteen percent (15%) of the total area of the facade on which the wall sign(s) will be located.
         J.   Facades with a variety of heights due to a nonsquare parapet or roof shall be measured from the point where the facade meets grade to the center most point of the facade height.
Figure 1157.07-C
 
      (2)   Ground-mounted signs.
         A.   One (1) ground-mounted sign shall be permitted for each separately titled parcel.
         B.   Ground-mounted signs may not exceed eight (8) feet in height.
         C.   The maximum sign area for ground-mounted signs shall be forty (40) square feet per face with a maximum number of two (2) sign faces.
         D.   If a ground-mounted sign is to be illuminated, such illumination shall be from an external source.
         E.   Ground mounted signs shall be designed and constructed of the same materials as the main building.
      (3)   Temporary signs and directional signs shall be permitted in accordance with the Sign Chapter of the Loveland Zoning Code.
      (4)   Freestanding signs mounted on a pole or poles shall be prohibited in the LMO.
   (f)   Landscaping and Bufferyards.
      (1)   Bufferyards shall be required as specified in Section 1169.10 of the Loveland Zoning Code.
      (2)   There shall be a ten (10) foot streetscape buffer yard beginning at the right- of-way line of any street. The area within such buffer yard shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition. See Figure 1157.07-D.
Figure 1157.07-D
 
      (3)   Chain link fencing, barbed wire fencing, and other wire mesh fencing shall only be permitted where the fencing is not, nor ever will be, visible from the Loveland Madeira Road public right-of-way.
      (4)   Wooded areas shall be preserved, to the maximum extent feasible.
      (5)   Parking area landscaping. Parking areas with twenty (20) or more parking spaces shall be required to meet the following interior landscaping requirements in addition to all other landscaping requirements set forth in the Loveland Code of Ordinances:
         A.   For all parking areas located in a front yard, a minimum of ten percent (10%) of the total interior parking lot area shall be landscaped with planted islands. A minimum of one (1) tree and two (2) shrubs shall be planted in interior islands for every two thousand, five hundred (2,500) square feet of parking area.
         B.   For all parking areas located in side yards or rear yards that are visible from the public right-of-way, a minimum of five percent (5%) of the total interior parking lot area shall be landscaped with planted islands. A minimum of one (1) tree and two (2) shrubs shall be planted in interior islands for every two thousand, five hundred (2,500) square feet of parking area.
         C.   No landscaping shall be required for parking areas located in a rear yard provided that the parking area is not visible from the public right-of-way and the parking area is screened from adjacent, residential uses as provided for in Section 1169.08.
   (g)   Pedestrian Connections.
      (1)   A designated walkway shall be constructed on every parcel that is adjacent to an existing public sidewalk to connect the primary buildings with the existing sidewalk. Such connections shall be made of concrete or decorative pavers to provide a walking surface for pedestrians between the building and any existing sidewalk or any sidewalk as illustrated or described in a plan or policy adopted by the City of Loveland.
      (2)   Pedestrian connections should be created between adjacent parcels, to the maximum extent feasible.
   (h)   Lighting.
      (1)   Cutoff lighting only shall be permitted.
      (2)   All outdoor lighting shall be designed, located, and mounted at a height not to exceed thirty (30) feet above grade for cutoff lights.
Figure 1157.07-E
 
      (3)   Outdoor lighting of a building or parking area shall be directed so as not to shine on adjacent properties.
      (4)   The placement of light poles within raised curb planter areas or landscaped islands is encouraged, provided that light poles shall not be located next to trees with the result that the trees obscure the illumination.
   (i)   Outdoor Sales, Displays, and Storage.
      (1)   All outdoor sales, display, and storage areas shall be illustrated on the site plan and subject to site plan review.
      (2)   Outdoor sales, display, and storage areas shall be prohibited if they will create any safety hazard for pedestrians. A minimum pathway shall be provided to allow for the flow of pedestrian traffic outside of designated vehicular traffic drives. Such pathways shall have a minimum clearance width of four (4) feet, or the width required to meet the minimum standards of the Americans with Disabilities Act, whichever is greater.
      (3)   All screening or security fencing will be of a decorative cast iron, aluminum, wood material, or other material as approved by the Planning and Zoning Commission. Chain link fencing, barbed wire fencing, and other wire mesh fencing shall only be permitted where such fencing is not visible nor ever will be from any public right-of-way.
      (4)   All outdoor sales, display, and storage areas shall be continuously well stocked, unless closed down for a season, in which case the outdoor sales, display and storage area shall be clear of stocked materials.
      (5)   All outdoor sales, display, and storage areas shall be continuously maintained free of garbage and other debris.
      (6)   Outdoor sales, display, and storage areas shall not be located in any required: yard setback, parking area, circulation area, right-of-way, or required landscape area.
      (7)   The actual purchase of goods displayed shall take place within the building enclosure occupied by the business displaying the goods.
      (8)   Outdoor sales and displays shall be permitted where such sales and display areas comply with the following regulations:
         A.   Only those goods and materials associated with the existing on-site use may be sold or displayed;
         B.   Outdoor sales and displays may be permitted provided that the merchandise is displayed along the sidewalk, the walkway adjacent to the building, or in the side yard;
         C.   Outdoor sales and displays shall be limited to a five (5) month time period, at which point the outdoor sales and displays must be discontinued or the merchandise must be changed (i.e., seasonal sales); and
         D.   Outdoor displays and sales of bulk or large products, including, but not limited to mulch (bag or bulk), concrete, salt, or other similar products that can not be easily carried into the store for purchase shall be required to meet the requirements for outdoor storage as specified in this subsection (i) (8) and for the purpose of this district, shall not be considered as part of an outdoor sales or display area.
         E.   The Planning and Zoning Commission may waive the above requirement for uses where the major inventory requires outdoor sales and displays of large items including, but not limited to, car sales, greenhouses, and tool rental facilities.
      (9)   Outdoor storage areas shall be permitted where such storage areas comply with the following regulations:
         A.   Only those goods and materials associated with the existing on-site use may be stored in outdoor storage areas;
         B.   Outdoor storage may be permitted provided that the storage areas are located in the side or rear yard.
         C.   Outdoor storage areas may not exceed six (6) feet in height.
         D.   All outdoor storage areas shall be screened from view of the public right-of-way as prescribed in subsection (i) (3). Screening shall not be required if the outdoor storage area is located out of view from any public right-of-way.
   (j)   Service Structures and Mechanical Equipment.
      (1)   All rooftop mechanical equipment shall be visually screened from any public right-of-way. Such screening shall be integral to the architectural design of the building.
      (2)   When feasible, loading areas should be separated from main circulation and parking areas and away from public streets. Loading and unloading activities shall not require circulation onto public streets.
   (k)   Parking.
      (1)   No more than sixty percent (60%) of the required parking spaces may be located in front of the building facade.
      (2)   Reduction in the Number of Required Parking Spaces.
         A.   The total number of parking spaces may be reduced by up to ten percent (10%) if one access point to Loveland-Madeira Road is eliminated; or
         B.   The total number of parking spaces may be reduced by up to ten percent (10%) if an access drive, parallel to Loveland-Madeira Road, is created between two adjacent parcels of land so as to allow vehicles to move from property to property without using Loveland Madeira Road.
         C.   No entrance to or exit from a parking area of five (5) vehicles or more shall be closer than fifty (50) feet to the right-of-way line of intersecting public streets or signalized intersection. See Figure 1157.07-F.
         D.   Adequate access to a public street, easement, or shared access to an adjacent property shall be provided for each parking space with a driveway width of at least twenty-four (24) feet wide at the property line for all multi-family dwellings and non-residential uses. See Figure 1157.07-F.
Figure 1157.07-F
 
   (l)   Waiver. This section shall apply in the Loveland Madeira Road Overlay District unless waived by the Board of Zoning Appeals pursuant to Section 1111.12. Such waivers of applicable regulations may be granted under the following additional circumstances:
      (1)   The waiver of a regulation will have no impact on or will be more effective at achieving the purposes of this Chapter and the goals and objectives of the City of Loveland Comprehensive Plan Update;
      (2)   The waiver of a regulation will be in the public interest and not solely in the interest of the applicant; and
      (3)   The applicant has met all conditions for a waiver that are established in this chapter.
         (Ord. 2003-70. Passed 9-9-03.)

1157.08 MAINTENANCE.

   Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any property within the LMO, nor shall anything in this chapter be construed to prevent any repair of any structural deficiency that the Zoning Administrator requires for public safety.

1158.01 ADOPTION BY REFERENCE.

   Rules and regulations, designed to preserve, protect and perpetuate places, buildings, structures and other objects within the Historic Preservation and Planning District are set forth in the document entitled "City of Loveland, Historic Preservation and Planning District Design Review Guildelines" adopted by the City Council on March 9, 2021, by passage of Ordinance 2021-29, and any subsequent updates, is hereby incorporated into this section and adopted by reference as passed or otherwise amended in the future. A copy of the said documents is on file in the office of the Clerk of Council.
(Ord. 2022-1. Passed 1-11-22.)