A.

TERMS GENERALLY APPLICABLE TO THE MARYSVILLE SUBDIVISION REGULATIONS AND ALL CHAPTERS OF THE MARYSVILLE PLANNING AND ZONING ORDINANCE.

ACCESS MANAGEMENT means the City's process of providing and managing access to land development while maintaining traffic flow, safety, capacity and speed.

ACCESSORY DWELLING UNIT means an independent residential dwelling unit located on the same parcel as a single family detached building, either attached to the principal building or in a detached building. The accessory dwelling unit must be subordinate and incidental to the principal building and have a separate egress.

ACCESSORY DWELLING UNIT (ATTACHED) means an independent residential dwelling unit located on the same parcel as a single family detached building which is attached to the side or rear of the principal building. The accessory dwelling unit must be subordinate and incidental to the principal building and have a separate egress.

ACCESSORY DWELLING UNIT (DETACHED) means an independent residential dwelling unit located on the same parcel as a single family detached building in a detached building located at side or rear of the principal building. The accessory dwelling unit must be subordinate and incidental to the principal building and have a separate egress.

ADVERTISING STRUCTURE means any outdoor display for the purpose of advertisement, notice or announcement located apart from the premises or product referred to in the display.

ALTERATIONS, STRUCTURAL means any change in the supporting members of a building such as bearing walls, columns, beams or girders.

ACCESSORY STRUCTURE means a building or structure that is subordinate to the principal building or structure upon the same lot and serving a purpose customarily incidental to the principal structure, including but not limited to sheds, pole barns, pergolas and patios.

ACCESSORY USE means a use that is subordinate to the principal use of the land and serving a purpose customarily incidental to the principal use or structure.

ADULT BOOTH means any area of a sexually oriented business establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

ADULT MATERIAL means any of the following, whether new or used:

A.

Books, magazines, periodicals, or other printed matter, or digitally stored materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

B.

Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

C.

Instrument, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.

AGRICULTURE means farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production.

AGRICULTURAL DISPLAY STAND means display stands for the purpose of displaying and selling agricultural or farming products which are grown or produced on the premises on which said stand is located.

AIRPORT means any runway, land area or other facility designed or used either publicly or privately by any person for the landing and taking-off of aircraft, including all necessary taxiways, aircraft storage and tie-down area, hangers, and other necessary buildings, and open spaces.

APPLICANT means any Person or authorized agent of a Person, that applies for a Zoning Permit, Certificate of Appropriateness, Map Amendment or other land use process or approval pursuant to this chapter.

APPLICATION means the process by which an Applicant submits a request to be granted any land use approval or land use approvals under the provisions of this chapter. An Application includes all attachments to the form promulgated by the city from time to time, as well as all verbal statements and representations made by the Applicant throughout the review process.

ARTISAN STUDIO means a building or any portion thereof dedicated to the creation of original handmade works of art or craft items by no more than ten (10) artists or artisans.

ARTISAN WORKSHOP means a use primarily involving the limited on-site production of goods by hand manufacturing which involves only the use of hand tools or mechanical equipment that does not exceed two (2) horsepower each or a single kiln not exceeding eight (8) cubic feet in volume and the incidental direct sale to consumers typical production includes: custom furniture, ceramic studios, glass blowing, candle making, custom jewelry, stained and leaded glass, woodworking, custom textile manufacturing and crafts production.

AVERAGE means a number expressing the typical value in a set of data for purposes of determining an applicable dimension under this Zoning Code.

Illustration: Where regulations under this Zoning Code require establishing an applicable dimension based on the average dimensions of other properties in the vicinity of the subject property, the following methodology for determining the dimension shall apply:

Step 1 Calculation:

First, the applicable dimension of the other properties in the vicinity of the subject property shall be added together.

Property 1 - 25 foot

Property 2 - 25 foot setback

Property 3 - 29 foot setback

Property 4 - 27 foot setback

Sum - 106

Next, the sum of the applicable dimension for the properties in the vicinity of the subject property shall be divided by the number of properties used as a reference for determining the applicable dimension for the subject property.

Step 2 Calculation:

106 [Sum of the applicable dimension] divided by 4 [number of properties] equals 26.5.

Finally, the number resulting from the Step 2 calculation (26.5 feet in the example above) shall become the applicable dimension with respect to the subject property.

AWNING means a permanent or temporary structure other than a canopy that is attached to a building wall, that is made of flexible material (which can move from the movement of air) stretched over or attached to a frame, and that projects from said wall over a passable sidewalk, driveway, or similar pathway. An awning may be fixed in place without operating parts or it may be retractable.

AWNING SIGN means a sign affixed flat to the surface of an awning or which does not extend vertically or horizontally beyond the limits of such an awning.

Figure 1129.14-1: Example Awning Sign

BANK OR FINANCIAL INSTITUTION means an establishment that provides retail banking, credit and mortgage, or insurance services to individuals and businesses. This classification includes banks and trust companies, savings and loan establishments, credit unions, credit agencies, lending and thrift institutions, investment companies and brokerage firms, securities/commodity contract brokers, securities/commodities exchanges, vehicle finance agencies, check cashing and currency exchange outlets and stand-alone automated teller machines. This does not include payday loan/alternative financial establishments.

BANNER SIGN means a temporary sign composed of light-weight material and secured or mounted in a manner that allows movement of air to cause movement of the sign. Such signs may also be called "feather" signs, typically constructed in a manner where a moveable material is stretched over a single curved pole. A sign enclosed in a rigid frame shall not qualify as a banner sign.

Figure 1129.14-2: Example Banner Sign

BASEMENT means a story all or partly underground but having at least one-half (1/2) of its height below the average level of the adjoining ground.

BED AND BREAKFAST means an owner-occupied residential single-family, detached structure wherein lodging and breakfast only are provided to transient guests for compensation.

BILLBOARD means an off-premises sign located at any place other than within the same parcel of land on which the specific business or activity being identified on such sign is itself located or conducted, and that is typically mounted to a pole.

Figure 1129.14-3: Example Billboard Sign

BIOMEDICAL WASTE STERILIZATION FACILITY: A facility where biomedical waste material is received, sterilized utilizing steam/autoclaving sterilization methods only, and then transported to an off-site location for recycling, re-use, incineration or final disposal. Any Biomedical Waste Sterilization Facility permitted under this definition must be licensed pursuant to Ohio Revised Code § 3734 and the Ohio Environmental Protection Agency, and shall comply with all applicable requirements of the Ohio Environmental Protection Agency and the Ohio Revised Code for such uses. This definition of Biomedical Waste Sterilization Facility expressly excludes any facilities where biomedical waste is treated via any method other than steam/autoclaving sterilization, including, but not limited to, incineration, or where biomedical waste is retained for onsite disposal.

BLOCK means a parcel of land which is bound by other lots, streets, highways, railroad rights-of-way, parks or open space, undeveloped land, water courses or bodies of water, channels or a combination thereof.

BOX SIGN means a sign that contains all copy within a single enclosed cabinet, with or without internal lighting, and which can be single- or double-faced. Typical features of a box sign may include but are not limited to:

(1)

A rectangular shape;

(2)

A frame separate from and supporting the message board that may or may not serve as a decorative element; and

(3)

Message boards made of acrylic, polycarbonate, or metal.

BUILDING means any STRUCTURE having a roof supported by columns or walls that is used, or intended to be used, for the shelter or enclosure of persons, animals, or property.

BUILDING ENTRANCE SIGN means a sign that is directly affixed to a building near a PUBLIC ENTRANCE. Such a sign typically identifies the interior uses that are accessible from the nearby entrance.

Figure 1129.14-4: Example Building Entrance Sign

BUILDING, HEIGHT means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING MATERIALS AND HARDWARE (RETAIL) means retailing, wholesaling or rental of building supplies or construction equipment. This use classification includes lumberyards, home improvement sales and services, tool and equipment sales or rental establishments.

BUSINESS SIGN means a sign containing product advertisements or other detailed information about the operation of a business. Specifically, such sign is one which contains brand names of goods sold or services rendered on the premises, a listing of numerous specific types of goods or services, prices or special sale information, telephone number or other similar information. A business sign may also include items permitted on an identification sign.

CANOPY, BUILDING-MOUNTED means a permanent or temporary structure other than an awning that is attached to a building wall, that is made exclusively of rigid materials which do not move from the movement of air, and that projects from said wall over a passable sidewalk, driveway, or similar pathway. A canopy may also be referred to as a MARQUEE.

CANOPY, GROUND-MOUNTED means a cover or shelter that is directly connected to the ground on a supporting framework that is fixed in place. A ground-mounted canopy may or may not also be partially attached to a BUILDING.

CANOPY (BUILDING-MOUNTED) SIGN means a sign that is attached to a BUILDING-MOUNTED CANOPY. This definition excludes BOX SIGNS.

Figure 1129.14-5: Example Building-Mounted Canopy Sign

CANOPY (GROUND-MOUNTED) SIGN means a sign that is attached to a GROUND-MOUNTED CANOPY. This definition excludes BOX SIGNS.

Figure 1129.14-6: Example Ground-Mounted Canopy Sign

CAPITAL IMPROVEMENTS PROGRAM means a proposed schedule of future public improvement projects and major equipment purchases listed in order of priority, with cost estimates and anticipated means of financing each project for a specified time period. All major projects and purchases requiring public funds over and above the operating expenses for the replacement or initial acquisition of the community's physical assets are included.

CEMETERY means land used or intended to be used for the burial of the human dead and dedicated as a cemetery for such purposes.

CERTIFICATE OF APPROPRIATENESS means a certificate authorizing any alteration of architectural character or any environmental change within the Historic District(s) and Landmark(s) including the Uptown Marysville District.

CERTIFICATE OF DEPOSIT means any certificate of deposit delivered in accordance with the provisions of these regulations to secure the performance of a developer until such developer has discharged its obligations with respect to any final plan.

CHANGEABLE COPY SIGN (AUTOMATIC) means a sign or portion thereof on which the copy changes automatically or animation is displayed through electrical or electronic means (e.g., time and temperature units and message centers); considered a business sign.

CHANGEABLE COPY SIGN a portion of a sign where copy is changed manually through placement of letters or symbols on a sign panel.

CHANNEL means a natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.

CHARTER means the charter of the City, the same as may be amended from time to time.

CHILD CARE, TYPE A means the permanent residence of the administrator in which child care or publicly funded child care is provided by an employee or employees for seven to twelve children at one time or for four to twelve children at one time, if four or more children at one time are under two years of age. In counting children for the purposes of this division, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted. "Type A family day-care home" and "type A home" shall not include any child day camp as defined in Ohio Revised Code Section 5104.01

CHILD CARE CENTER, TYPE B means a permanent residence of the provider in which care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted, but not including any child day camp as defined in Ohio Revised Code Section 5104.01.

CHILD DAY CARE CENTER means any place in which child care is provided for thirteen or more children at one time, or any place that is not the permanent residence of the administrator in which child care is provided. (See, Ohio Revised Code Section 5104.01)

CITY means the City of Marysville, Ohio, a municipal corporation, acting by and through its City Council.

CLUB means a building or portion thereof or premises owned or operated by a person for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests.

CODE means the Code of Ordinances of the City.

COMMERCIAL AND INDUSTRIAL EQUIPMENT AND MATERIAL, SALES, RENTAL, LEASING AND REPAIR means businesses primarily engaged in renting or leasing machinery and equipment for use in business or industrial operations. These establishments typically cater to a business clientele and do not generally operate a retail-like or store-front facility. Examples including the leasing of heavy equipment, office furniture or equipment, or off-highway transportation equipment.

COMMERCIAL PRINTING, PRINTING AND PUBLISHING means any business publishing of newspapers, magazines, brochures, business cards and similar activities either for profit or nonprofit.

COMMERCIAL RECREATION, INDOOR, EXCLUDING ADULT ENTERTAINMENT means any business which is operated as a recreational enterprise, either publicly or privately owned, for profit. Examples include, but are not limited to, arcades, bowling alleys, theaters, etc.

COMMERCIAL RECREATION, OUTDOOR, EXCLUDING ADULT ENTERTAINMENT means any business which is operated as a recreational enterprise, either publicly or privately owned for profit. Examples include but are not limited to horse stables, fisheries, wilderness preserves, golf course, mini-golf courses, amusement parks and campgrounds.

COMMON AREA means land in any development held in common or single ownership that is not reserved for the exclusive use or benefit of an individual tenant or owner.

COMMUNITY CENTER means a building or other enclosed structure open to residents of a subdivision or the general public, which is owned and operated by a private entity, a public agency, or a nonprofit organization, and that is used predominantly for cultural, educational, recreational, or social purposes.

COMMUNITY FACILITIES means existing, planned and proposed parks, playgrounds, schools and other public lands and buildings located within the City of Marysville.

COMMUNITY GARDEN means a site operated and maintained by an individual or group to cultivate trees, herbs, fruits, vegetables, flowers, or other ornamental foliage for the following uses: personal use/consumption, donation or offsite sale of items grown on the site.

COMPREHENSIVE PLAN means a plan, or any portion thereof, adopted by the Planning Commission and Council of the City showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools and other community facilities. This plan establishes the goals, objectives and policies of the community.

CONDITIONAL USE means a special use that allows the Planning Commission to review and place conditions on development standards such as location, design, size, density, operation, intensity of use, generation of traffic and traffic movement, processes and equipment employed, and the amount and kinds of public facilities and services required.

These conditions ensure that each proposed use is consistent with the intent and objectives of the particular district in which it is to be located, and protects adjacent properties and the general health, safety and welfare of the public.

CONDITIONAL USE PERMIT means a permit issued by the Division of Engineering upon approval by the Planning Commission to allow a use designated as such in the applicable district or overlay.

CONGREGATE CARE FACILITY, ASSISTED LIVING means a residential facility for elderly persons (age 60 or older) and their spouses, or for persons having such disabilities as to require assistance with daily living tasks, as suggested by their physician. The facility contains four or more dwelling units and/or rooming units, and provides, through on-site personnel, such exclusive resident services as meal preparation, laundry services and room cleaning.

CONGREGATE CARE FACILITY, NURSING HOME means a facility operated and dedicated to the care of persons who cannot care for their own needs either partially or totally. This term includes nursing homes, skilled nursing facilities, convalescent homes, and special care facilities (e.g., Alzheimer Unit).

CONGREGATE RESIDENCE means any building or portion thereof that contains facilities for living, sleeping and sanitation as required by this Code, and may include facilities for eating and cooking for occupancy other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses.

CONTRACTOR'S OFFICES means a building or part of a building utilized for the principal office or permanent business office for a company providing construction services.

COUNCIL means the Council of the City. COUNTY means Union County, Ohio.

COUNTY RECORDER means the office of official land records for the County.

CULTURAL INSTITUTION means a nonprofit institution engaged primarily in the performing arts or in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis, with or without a charge for admission. Cultural institution includes performing arts centers for theater, dance and events, museums, historical sites, art galleries, aquariums and such related uses.

CURB LINE means the vertical plane projected upward from the face of the curb along a street.

DEED means a written instrument for the conveyance of real property from one person to another.

DATA PROCESSING/CALL CENTER means a facility, which is operated for the purpose of storing or managing data or operating customer service communications functions.

DENSITY means the number of dwelling units per acre of the total land to be developed.

DESIGN REVIEW BOARD means the Design Review Board of the City.

HISTORIC DISTRICT means the Historic Uptown Marysville Review District and designated landmarks.

DEVELOPER means any person, subdivider, partnership, owner or corporation or duly authorized agent who constructs or contracts to construct improvements on subdivided land.

DEVELOPMENT means the improvement of a tract or parcel of land, which results in an alteration of land or vegetation.

DEVELOPMENT AGREEMENT contains the following components:

A.

Summary and Affidavit.

B.

Preliminary Development Plan.

C.

Final Development Plan.

D.

Restrictive Covenants.

E.

Attachments.

DIMENSIONAL PROJECTING SIGN means a three-dimensional projecting sign such as sign made to look like an object.

DIRECTIONAL SIGN means on-premise sign used to direct vehicles to parking areas or indicate points of entry or exit for a facility or off-street parking lot. Such signs may contain information such as "Lot A", "Green Lot", "in", "enter", "entrance", "out", "exit", "do not enter" or similar directives. Such signs shall not include any business information other than the business logo and/or name.

DRIVEWAY means a paved way providing access from a street or other means of access to the subject premises.

DIVISION OF ENGINEERING means the City of Marysville Division of Engineering.

DWELLING means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or mobile home, boarding or rooming house, hotel or motel.

DWELLING, MOBILE HOME means any non-self-propelled vehicle so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation when connected to utilities, whether resting on wheels, jacks, blocks or other temporary foundation and used or so constructed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of 4,500 pounds and an overall length of thirty (30) feet.

DWELLING, ROOMING HOUSE BOARDING HOUSE, LODGING HOUSE, OR DORMITORY means a dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three (3) or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.

DWELLING UNIT means Dwelling unit means one room, or a suite of two (2) or more rooms, designed for or used by one family or housekeeping unit for living and sleeping purposes. A dwelling unit shall be comprised of the following components:

(A)

Kitchen or kitchenette; and

(B)

Bath/toilet facility

DWELLING UNIT, EFFICIENCY means a dwelling unit consisting of two habitable rooms or less and not exceeding five hundred (500) square feet in gross floor area including all rooms, measured within the outside walls of the dwelling unit.

EASEMENT means a right granted by a written instrument from one owner of land to another for use of a specified portion of the grantor's real property for a specific purpose or purposes as set forth in an easement agreement.

EASEMENT AREA means the particularly described area of exclusive or non-exclusive legal interest in, on, under, over or through a portion of a parcel of land or appurtenance thereto

ELECTRONIC MESSAGE CENTER means a portion of a sign on which the copy changes automatically is displayed through electrical or electronic means

EMERGENCY means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.

EMERGENCY CARE FACILITY means a 24-hour outpatient facility, operated by a hospital or health organization, and staffed by doctors and nurses that provides immediate emergency care services similar to what would be expected in a hospital. Urgent care facilities are not considered emergency care facilities.

ENGINEER means any engineer licensed by the State of Ohio State Board of Registration for Professional Engineers.

ESSENTIAL PUBLIC SERVICES AND UTILITIES means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, water transmission or distribution systems, collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety of general welfare, but not including buildings.

EXTENDED STAY HOTEL OR MOTEL means any structure consisting of one or more buildings, with more than five (5) dwelling units with provisions for living, eating, cooking, sanitation, and sleeping, that is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where temporary residence is offered for more than thirty (30) days and a maximum stay of one (1) year within the dwelling units at the structure, that is approved pursuant to a valid certificate of occupancy issued by the chief building official, having all of the required dwelling unit features, and for which such valid certificate of occupancy indicates the specific rooms within the structure that can be used as dwelling units, and that is approved by the fire chief for extended stay temporary residence purposes.

EXTERIOR FEATURES (OUTDOOR ADVERTISING SIGN) means the style, material, size and location of the sign.

FAMILY means a person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel or hotel, dormitory, fraternity or sorority house, provided, that "family" shall not include more than four persons unrelated to each other by blood, marriage or legal custodial relationships.

FENCE means a structure, hedge or other landscape material positioned up to or on top of the property line, easement line, right-of-way, or setback line, as applicable for the purpose of separating properties, or for screening, enclosing, and/or protecting the property within its perimeter.

FIRE PIT means an aboveground structure together with a seating area, installed, constructed and designed for the setting of small-scale fires in accordance with the regulations applicable to the subject property upon which such structure and seating area are located.

FLAG means a piece of fabric or other flexible material that is attached to or designed to be flown from a flagpole or similar device.

FLOOD PLAIN means land under and along a watercourse which is subject to inundation by a 100-year flood, as determined by the Federal Emergency Management Agency (FEMA) or other source determined acceptable to the city.

FLOOD, REGIONAL means large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The regional flood generally has an average frequency of the 100 year recurrence interval flood.

FLOODWAY FRINGE means that portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.

FLOODWAY means that portion of the flood plain, including the channel, which is reasonably required to convey the regional flood waters. Floods of less frequent recurrence are usually contained completely within the floodway.

FLOOR AREA, GROSS means the total square feet of all main and accessory buildings which are enclosed, measured from the exterior building face or from the centerline of common walls separating building units.

FOOD TRUCK PARK means land designated for the operation of food truck vendors in accordance with applicable local and state laws and regulations, including this planning and zoning ordinance.

FREESTANDING SIGN means a sign which is not attached to a building, and which is either attached directly to the ground or elevated on a supporting structure attached to the ground.

FRONTAGE means the principal elevation of a building, which is most often the elevation that abuts a street. In the context of the location of any building typology described under the Zoning Code, frontage means the street or right-of-way type that a building is permitted to abut.

FUNERAL HOME means a building or buildings for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

GARAGE, PRIVATE means an accessory building or part of a principal building used for the storage of motor vehicles as an accessory use and in which no business or industry connected directly or indirectly with the repair or servicing of such motor vehicles is carried on.

GENERAL RETAIL means retail store generally carrying a general line of apparel, such as produce, perishable food, non-perishable food, clothing apparel, home furnishings, major household appliances and accessory items, building materials and accessory items. These and other merchandise lines are normally arranged in separate sections or departments with the accounting on a departmentalized basis. The departments and functions are integrated under a single management. The stores usually provide their own charge accounts, deliver merchandise, and maintain open stocks. These stores have 50 employees or more.

GRADE means the elevation of land surrounding a structure or the slope of a road, in each case expressed as a percentage.

GROCERY STORE OR SUPERMARKET means an establishment for retail sales of food and beverages for off-site preparation and consumption, including large-scale stores with customary accessory uses such as delicatessens, coffee shops, and financial institutions.

GROUND PASSENGER DISPATCH FACILITY means an establishment serving as the headquarters and parking site of a fleet of two-axle vehicles such as passenger vans, employed for the transport of not more than twelve passengers in and around the City for purposes such as accessing healthcare, employment opportunities and educational opportunities.

HEALTH AND FITNESS STUDIO means any fitness center, gymnasium, health, studio fitness center and athletic club, which may include any of the following: aerobics instruction, exercise machines, sauna, spa or hot tub facilities; indoor tennis, handball, racquetball and other indoor athletic amenities and events.

HEIGHT OR ABOVE GROUND LEVEL means, when referring to a tower or other structure, the distance measured from the finished grade at the base of the tower/structure to the highest point on the tower or other structure, including the base pad and any antenna.

HOME OCCUPATION means an occupation conducted in a dwelling unit, provided that no more than one person other than members of the family residing on the premises shall be engaged in such occupation. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than thirty-five percent (35%) of floor area of the dwelling unit shall be used in the conduct of the home occupation. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four (4) square feet in area, non-illuminated, and mounted flat against the wall of the principal building. No traffic shall be generated by the conduct of such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Planning and Zoning ordinance, and shall not be located in a required front yard.

HOMEOWNERS ASSOCIATION (HOA) OR PROPERTY OWNERS ASSOCIATION (POA) means an incorporated, non-profit organization established by a developer, subdivider or an association of property owners whose membership shall consist of individual property owners within a subdivision.

HOSPITAL means an institution in which sick or injured persons are provided medical care and assistance and, in the course of same, may be housed overnight, fed and provided nursing and related services. Hospital shall comprise any related, accessory facilities such as laboratories, outpatient departments, training facilities, food service facilities, central service facilities and staff offices which are integral parts of the principal hospital facility.

HOTEL OR MOTEL means a place of transient occupancy which includes any structure consisting of one or more buildings containing any combination of more than 5 guest rooms that are each approved by the Chief Building Official and the fire chief as meeting the requirements for transient sleeping rooms or extended stay temporary residence dwelling units, or as having features of such sleeping rooms and dwelling units within the same room, and such structure is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where transient sleeping accommodations or temporary residence is offered for pay to persons, but such structure does not otherwise meet the definition of a transient hotel or an extended stay hotel as defined in this section. "Hotel" does not include agricultural labor camps, multi-family buildings or other similar places of permanent personal residence, lodging houses, rooming houses, or hospital or college dormitories

IDENTIFICATION SIGN means generally, a sign identifying or naming a business institution, residential development or other use. Specifically, such sign may indicate the name, owner, or manager and address of an existing building, business or other use, including the general type of goods sold or services rendered, but without a listing of numerous specific goods or services and without reference to brand names, prices, "sales" or telephone numbers.

ILLUMINATED SIGN means any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light. This includes the following defined categories:

(1)

BOX ILLUMINATION means illumination accomplished by illuminating the majority of a translucent face to which a sign is applied. Such illumination shall not qualify as, and is defined separately from, INTERNAL ILLUMINATION.

(2)

EXTERNAL ILLUMINATION means illumination accomplished by directing a shielded light source (that is separate from a sign) to a given sign. Such illumination may apply lighting across the face of a sign, or it may provide back-lighting to the letters, numbers, symbols, logos, and accent lines of a sign.

(3)

INTERNAL ILLUMINATION means illumination accomplished by back-lighting or allowing light exclusively through the letters, numbers, symbols, logos, and accent lines of a sign from a concealed light source. Such illumination shall not qualify as, and is defined separately from, BOX ILLUMINATION.

IMPROVEMENTS means any additions to the natural state of the land which increases its value or utility, including pavements, curbs, gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, landscaping and other appropriate facilities or plantings.

A.

"Site improvements" means the improvements made to the land outside the exterior limits of a structure or structures.

B.

"Public improvements" means all improvements financed entirely or in part by public funds or which have been dedicated to public use by plat, easement or deed of transfer.

C.

"Final Plat Improvements" mean those improvements set forth in the final plan submitted to and approved by the City in accordance with these regulations.

D.

"Drainage Improvements" means those improvements determined by the City Engineer to be necessary to facilitate satisfactory drainage in accordance with these regulations, including but not limited to underground pipe, inlets, catch basics, ditches, and/or retention basins.

INDEPENDENT LIVING, AGE-RESTRICTED means a private development comprised of individual dwelling units designed for occupancy by individuals who are over a threshold age, which is typically fifty-five (55) years old.

INFORMATION WINDOW/WALL SIGN means window or wall signage bearing only information about entry and exit, business hours, authorized service representative information and/or discount, credit systems accepted in that establishment (e.g. American Express, MasterCard, Visa, Golden Buckeye Card, etc.), and business directives (e.g. no soliciting, no firearms, etc.).

INSTITUTIONAL/GOVERNMENT OFFICES means a building or location that provides for community meetings and/or activities including, but not limited to, City Hall, Township Hall, school administration building, recreation center (public or private), property listed on the National Register of Historic Places, Chamber of Commerce building, Arts Council building, library, or other public buildings owned or operated by the City.

JUNK means old or scrap copper, brass, rope, gas, trash, waste, batteries, paper or rubber, junked, dismantled or wrecked, automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous materials.

KENNEL means any structure or premises on which five (5) or more dogs or cats over three (3) months of age are housed, bred, boarded, or trained overnight.

LABORATORY OR RESEARCH FACILITY means a facility primarily for medical, optical, orthotic, prosthetic, or dental laboratory services, photographic, analytical, or testing services and/or engaged in the research, development and controlled production of high technology electronic, industrial or scientific products or commodities for sale.

LANDSCAPED AREA means an area with plants, trees, natural turf or other vegetation planted in accordance with a landscape plan.

LIGHT MANUFACTURING means manufacturing establishments engaged in and undertaking the assembly, fabrication and conversion of already processed raw materials into products, the production of which does not cause excessive noise, odor or other similar impacts on surrounding land uses.

LIGHTING DEVICE means any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.

LOADING SPACE, OFF-STREET means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.

LOGO FLAG means a sign made of flag-like material containing a logo or identifying symbol.

LOGO (OR TRADEMARK) means a letter or group of letters (usually stylized) or a symbol or symbols that represent a word, group of words, or business name. Usually used as part of a business identification scheme that is meant to identify goods, products, services or a business entity itself.

LOT COVERAGE means the ratio of enclosed ground floor area of all buildings, structures and surfaces, regardless if it is pervious or impervious, on a lot to the horizontally projected area of the lot, expressed as a percentage.

LOT MEASUREMENTS means the method of measurement for a lot under this chapter, which shall be conducted as follows: (A) Depth means the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. (B) Width means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the minimum required building setback line.

LOT OF RECORD means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT TYPES means, as follows:

(A)

Corner lot means a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

(B)

Interior lot means a lot with only one frontage on a street.

(C)

Through lot means a lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.

(D)

Reversed frontage lot means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

LOT means a portion of a subdivision or other parcel of land intended as a unit for transfer of ownership and/or for building purposes or development, having fixed boundaries and designated on a plat or survey together with the required open spaces and having frontage on a public street or a private street.

LOT LINE ADJUSTMENT means a process that is used to change property lines of existing parcels for the purpose of combining two (2) or more adjacent parcels into one (1) parcel, alter and/or correct the boundary between two (2) or more parcels, or reconfigure the shape of parcels, without creating any additional parcels.

LOT, MINIMUM AREA OF means the area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.

MAINTENANCE BOND means an agreement by a subdivider or developer with the City, for a percentage of the established construction cost, used as a guarantee against any deficiencies which might develop between commencement of a development by a subdivider or developer and formal acceptance of dedication by City Council.

MAJOR THOROUGHFARE PLAN means the portion of comprehensive plan adopted by the City Planning Commission indicating the general location recommended for arterial, collector and local thoroughfares within the appropriate jurisdiction.

MANUFACTURED HOME PARK means any tract of land upon which three (3) or more manufactured homes are located for residential use, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle, or enclosure used or intended to be used as a part of the facilities of such park.

MANUFACTURED HOME means any non-self propelled vehicle transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which bears a label certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards.

MANUFACTURING, GENERAL means major manufacturing, processing, storage, warehousing, research and testing establishments which may require large sites, extensive community services and facilities, ready access to regional transportation; have large open storage and service areas; generate heavy traffic; and create no nuisance discernible beyond the district boundary.

MARQUEE means a permanent structure fastened entirely to the building and projecting from the wall above an entrance and extending over the street right-of-way to provide shelter for automobile passenger loading and unloading entrance.

MARQUEE SIGN means a display sign attached to or hung from and supported by the building and extending beyond the building wall, building line, or street lot line.

MEDICAL OR DENTAL OFFICE OR CLINIC means a facility other than a hospital, emergency room or urgent care where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: offices for physicians, dentists, chiropractors, or other health care professionals; outpatient care facilities; urgent care facilities; and other allied health services. These facilities may also include incidental medical laboratories. Patients are not provided with room and board and are not kept overnight on the premises. Medical Services and medical clinics include medical and dental laboratories incidental to the medical office use.

MEETING FACILITY means a meeting facility means facilities, typically accommodating groups of students in multiple instructional spaces. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment.

This definition also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.

MINOR SUBDIVISION means a proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five (5) lots after the original tract has been completely subdivided, that may be submitted to the authority having approving jurisdiction of plats under the provisions of Ohio R. C. 711.05, 711.09 or 711.10 for approval without plat.

MOBILE HOME means any non-self-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks, or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of four thousand five hundred (4,500) pounds and an overall length of thirty (30) feet, and not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974.

MOBILE HOME PARK means any site, or tract of land under single ownership, upon which three (3) or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part

MOBILE HOME SUBDIVISION means a subdivision as defined in this section in which three (3) or more mobile homes used for habitation are parked, including any roadway, building, structure, vehicle or enclosure used or intended for use therein.

MONUMENT SIGN means a sign, with one (1) or two (2) sides, attached to a permanent foundation or fastened to a base, and not attached or dependent upon any structure, pole, post or similar manner of construction.

Figure 1129.14-8: Example Monument Sign

MONUMENTS means permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot comers, boundary line comers and points of change in street alignment.

MOTOR VEHICLE means a vehicle which is designed and manufactured to be self-propelling or self-moving upon the public street or highway.

More specifically, as referred to in this ordinance, it includes: automobiles, trucks, tractors and scooters and motorcycles.

MULTI-FAMILY means a building or portion thereof designed for or occupied by two (2) or more families, or housekeeping units, living independently of each other in separate dwelling units which are accessible by interior hallways. This type of dwelling unit excludes a hotel.

MULTI-FAMILY RENTAL OFFICE/MANAGEMENT SITE means a residential apartment structure, permitted in multi-family residential districts, that is used by an apartment owner, employee or realtor to demonstrate construction and to display built-in amenities to prospective apartment tenants and to promote the rental or lease of apartment units. The rental office may be staffed and furnished.

MULTI-TENANT SIGN PACKAGE means a group of multiple tenant signs to be applied in a common development such as a shopping center or mixed-use development project. Each sign that is included in a multi-tenant sign package shall comply with all of the standards for that type of sign. No multi-tenant sign package will be approved unless all individual signs comply with the regulations contained in this chapter.

MURAL means a design, representation, or graphic illustration that is painted, drawn, or similarly applied to an exterior surface of a structure, and that does not meet the definition of a SIGN; typically established for the purposes of decoration, cultural representation, storytelling, beautification of public spaces, and artistic expression. Murals are separate from and do not include WALL SIGNS.

Figure 1129.14-9: Example Mural

NEIGHBORHOOD MARKET means a pedestrian-oriented retail establishment, oriented to the daily shopping needs of surrounding residential areas.

NONCONFORMITIES means a building, structure or use of land existing at the time of enactment of this Planning and Zoning ordinance which does not conform to the regulations of the district or zone in which it is situated.

NUDE OR STATE OF NUDITY means a state of dress or undress that exposes to view: Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed; or Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

NURSERY means an establishment primarily engaged in the retail sale of garden supplies and plants grown on the premises or elsewhere. This classification includes the sale of landscape materials, topsoil and rental of landscaping equipment.

OFF-PREMISES SIGN means any sign unrelated to a business or profession conducted or to a commodity or services sold or offered upon the premises where such sign is located.

OFFICIAL ZONING MAP means the Official Zoning Map of the City of Marysville, as the same may be amended from time to time in accordance with this Planning and Zoning ordinance.

ON-PREMISES SIGN means any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.

OPEN/CLOSED SIGN means a window or wall sign bearing only information indicating if the business is open or closed. This does not include the hours of operation. Signs that include both the open/closed information and the hours of operation shall be deemed to be an information sign.

OPEN SPACE means an area of land unoccupied by buildings, structures, storage or vehicular use areas, except for recreational structures and which is generally used for the purpose of active or passive recreation, natural features, environmental protection, preservation of scenic views or similar purposes. Open space does not include street rights-of-way or setbacks.

OUTDOOR COURTS means basketball court, tennis court, pickleball court, volleyball court or multi-purpose court in each case installed as an accessory structure to a principal use.

OWNER means any individual, firm, association, syndicate, co-partnership, corporation, trust, or other legal entity having sufficient proprietary interest in real property to commence and maintain proceedings with respect to any land use approval sough hereunder.

OVERLAY means an area depicted on the official zoning map, within which, through super-imposition of a special designation, certain regulations and requirements apply in addition to those of the base zoning districts to which such designation is added.

PAD means a building site prepared by artificial means, including grading, excavation or filling, or any combination thereof.

PANEL SIGN means a sign which is mounted, attached, painted, or displayed on a sign panel.

PARCEL means a division of real property contained in a single legal description that is recorded in the official land records of the Union County Recorder's office.

PARK/PLAYGROUND see community facilities.

PARKING AREA OR STRUCTURE means an off-street area or structure for required parking or loading spaces, including driveways, access ways, aisles, parking and maneuvering space necessary for the parking or loading areas.

PARKING SPACE, OFF-STREET means an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.

PATIO means an outdoor seating area, covered or uncovered, constructed, installed and located upon a property in accordance with all local and state laws and regulations, including this Planning and Zoning ordinance, applicable to the subject property upon which such seating area is located.

PERGOLA means an attached or detached structure constructed and located upon a property in accordance with all local and state laws and regulations, including this Planning and Zoning ordinance, applicable to the subject property upon which such attached or detached structure is located.

PERFORMANCE BOND OR SURETY BOND mean an agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.

PERSON means any firm, association, organization, limited partnership, general partnership, trust, company or corporation as well as any natural person.

PERSONAL SERVICES means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.

PLANNED UNIT DEVELOPMENT (PUD) means an area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, then those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in additional to those of the standard subdivision, such as building design principles and landscaping plans.

PLANNING AND ZONING ORDINANCE means the zoning regulations of the City of Marysville.

PLANTING AREA means any area utilized for landscape material installation having a minimum area of fifty (50) square feet.

PLANTS means living vegetation. Artificial plants are not included in this definition.

PLAT means the map, drawing or chart on which the developer's plan of subdivision is presented to the City Planning Commission for approval and, after such approval, to the County Recorder for recording.

PLAT, FINAL means the final map, drawing or chart made by a surveyor registered in the State of Ohio, and supplementary information, based upon the approved preliminary plat, in which the subdivider's plan is presented to the City Planning Commission for approval and which, if approved, will be certified and submitted to the Recorder of Union County.

PLAT, PRELIMINARY means the preliminary map, drawing or chart, and supplementary information, on which the layout and design of a proposed subdivision is submitted to the City Planning Commission for consideration and tentative approval.

POLE SIGN means a freestanding sign, other than a BILLBOARD, and typically oriented vertically, that is attached directly to a pole mounted to the ground.

Figure 1129.14-7: Example Freestanding Pole Sign

POLITICAL SIGN means signs having reference to a political official, candidate, question, issue or opinion.

POND shall mean an inland body of standing water either natural or man-made.

POOL HOUSE means a detached structure serving a swimming pool, constructed and located upon a property in accordance with all local and state laws and regulations, including this Planning and Zoning ordinance, applicable to the subject property upon which such structure is located.

PORTABLE SIDEWALK SIGN means any portable or freestanding sign displayed on a sidewalk in front of a business or other enterprise and taken inside at night or when the associated business or enterprise is closed.

Figure 1129.14-10: Example Portable Sidewalk Sign

PORTABLE SIGN means a sign which is designed to be moved and is not permanently attached to any part of a building or to the ground.

POST AND PANEL SIGN means a sign suspended from or otherwise connected to one or more posts that are mounted directly into the ground.

Figure 1129.14-11: Example Post and Panel Sign

PORTABLE STORAGE CONTAINER means a moving and/or storage service whereby a company delivers and leaves a storage container on-site for a customer to pack. The storage container is then picked up and moved to a company warehouse and/or the customer's destination for unpacking and subsequent removal.

PRIVATE SWIMMING POOL means any structure that contains water over 24 inches (610 mm) in depth and which is used, or intended to be used, for swimming or recreational use and which is available only to the family and guests of the property owner. This includes in-ground, aboveground, portable and inflatable swimming pools, hot tubs and spas.

PROFESSIONAL OFFICE means a building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.

PROJECTING SIGN means a double-faced sign which is attached directly to and projecting outward from the building wall, generally at a right angle to the building as opposed to parallel to the building like a wall sign.

Figure 1129.14-12: Example Projecting Sign

PUBLIC ACCESS EASEMENT means an easement granted to the public for all the purposes for which a public sidewalk may be used, including but not limited to, pedestrian and bicycle travel.

PUBLIC ENTRANCE means an exterior entrance that allows public pedestrian access into or out of a building or a tenant space within a building. Public entrances into the same tenant space that are within 25 feet of each other (as measured in a straight line from the leading edges of the framework surrounding such doorways) shall not be considered separate entrances for the purpose of this Sign Code. This definition does not include emergency-only exterior doorways, employee-only doorways, entrances into dwelling units, or garage doors.

PUBLIC SAFETY FACILITY means facilities operated by public agencies including fire stations, other fire prevention and fire-fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

PUBLIC SERVICE FACILITY means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping station, sewage disposal or pumping plants, and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public or private water and sewage service.

PUBLIC SWIMMING POOL means any outdoor structure, chamber, or tank containing a body of water for swimming, diving, recreational use, or sanctioned event that is intended to be used collectively for swimming, diving, recreational use, or sanctioned event and is operated by any person whether as the owner, lessee, operator, licensee, or concessionaire, regardless of whether or not a fee is charged for use.

PUBLIC WAY means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway. right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, bicycle path or other ways in which the general public or a public entity have a right, or which are dedicated whether improved or not.

REAL ESTATE/MODEL HOME SIGN means a temporary sign promoting the development, construction, rental, sale or lease of property.

RECREATION, NONCOMMERCIAL means any business which is operated as a recreational enterprise, either publicly or privately owned, for nonprofit. Examples include, but are not limited to: fishing areas, parks, archery ranges, etc.

RECREATIONAL POND shall mean any naturally occurring or man-made body of water designed to retain water on an ongoing basis. Such ponds are to be designed for enjoyment and to further activities such as swimming, fishing, ice skating, kayaking, or similar activities. Such ponds shall not engage in commercial uses nor in any commercial recreational activities without the appropriate zoning permit, any requisite Health Department approval or other applicable local/state/federal regulations.

RECREATIONAL VEHICLE means a vehicle type unit primarily designed as temporary living quarters for recreation, camping, or travel use only, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: boat, travel trailer, camping trailer, truck camper, and motor home.

RECYCLING CENTER means a center for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site.

RELIGIOUS PLACES OF WORSHIP means a permanently located church, cathedral, synagogue, temple, mosque, or other place dedicated to religious worship. As part of its functions it may include the following incidental and subordinate uses subject to applicable federal, state and local regulations: offices, residences for clergy, religious instruction, educational institutions, private and special schools, day care centers, emergency shelters, and community and recreational activities.

RESERVATION shall mean any reservation of public land made by a developer in accordance with the provisions of these regulations.

RESIDENTIAL (UPPER FLOOR) means, where permitted, dwelling units located on a floor other than the ground floor.

RESIDENTIAL CARE FACILITY means an establishment operated for the purpose of providing special care or rehabilitation to the occupants for the corresponding purposes at the corresponding capacity as described below and governed by the applicable Ohio Revised Code Section, including the following:

•

Developmental Disability Dwelling (1-5 Unrelated Persons) (R.C. 5123.19)

•

Developmental Disability Dwelling (6-8 Unrelated Persons) (R.C. 5123.19)

•

Developmental Disability Dwelling (9-16 Unrelated Persons) (R.C. 5123.19)

•

Mental Health or Substance Abuse (1-5 Unrelated Persons) (R.C. 5119.341)

•

Mental Health or Substance Abuse (6-16 Unrelated Persons) (R.C. 5119.341)

RESIDENTIAL MODEL HOME means a residential structure, permitted in all residential districts that is used by a licensed home builder/ developer, real estate workers or realtor to demonstrate construction, display built-in amenities and color selection charts to prospective home buyers and promote the sale or lease of housing units. The model home may be staffed and furnished. (Ord. 25-97. Passed 6-12-97 :)

RESTAURANT means establishments whose primary use is to prepare and serve food and/or beverages to patrons in exchange for payment, which may be consumed on-site or available for takeout service.

RESTRICTED OPEN SPACE means open space within any subdivision that is restricted from further development in accordance with a deed restriction or similar restrictive covenant.

RETAIL, SALES & SERVICE means an establishment engaged in sales of goods or the provision of services, including, but not limited to: alcoholic beverages, furniture and home furnishings, electronics and appliances, clothing and shoes, jewelry, luggage and leather goods, sporting goods and hobbies, books, periodicals and music, tobacco sales, department stores, florists, office supplies and stationary, gifts and novelties, pets, hardware, pawn shops, video stores and auto parts, tailor, dry cleaning, tax preparation, hairdresser, or barber.

This classification includes the retail sale or rental of merchandise not specifically listed under another use classification.

RIGHT-OF-WAY means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped area, viaducts and bridges.

ROOF SIGN means a sign that is attached to or supported by the roof of a building; or a sign that extends above the roofline of the building to which it is attached, but not including signs attached to a mansard-style roof. Shingles that are designed to spell a word shall be included in the definition of roof sign for purposes hereof.

Figure 1129.14-13: Example Roof Sign

ROOMING HOUSE means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is provided by the occupant to more than four persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the occupant.

ROOMING UNIT means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

SCHOOL (K-12) means any school having regular sessions with regularly employed instructors teaching subjects which are fundamental and essential for a general academic education, under the supervision of, and in accordance with, the applicable statutes of the State of Ohio.

SCHOOL, COLLEGE OR UNIVERSITY, VOCATIONAL AND TECHNICAL, TRADE OR BUSINESS means School, college or university, vocational and technical, trade or business means an institution of higher education providing curricula of a general, religious, or professional nature, typically granting recognized degrees. This classification includes business and computer schools, management training, technical vocational and trade schools, but excludes personal instructional services.

SEAT means, for purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews or space for loose chairs.

SEMI-NUDE means a state of dress or undress in which clothing covers no more than the human genitals, anus, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.

SENIOR LIVING, INDEPENDENT LIVING means any building or buildings designed, built, rented, leased or let to contain three or more age-restricted (55 or older) dwelling units, or which is occupied as a home or place of residence by three or more age-restricted families living in independent dwelling units.

SETBACK means a line established by these regulations and/or Planning and Zoning ordinance or resolution, generally parallel with and measured from the front(s), side(s) and rear lot line, defining the limits of a parcel in which no building or structure may be located above ground, except as may be provided in such Codes.

SETBACK LINE means a line established by the Planning and Zoning ordinance generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in such Planning and Zoning ordinance.

SEWERS, CENTRAL OR GROUP means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.

SEWERS, ON-SITE means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

SEXUALLY ORIENTED BUSINESS ESTABLISHMENT means a commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in presenting persons who appear nude/semi-nude, live performances, films or other visual representations, adult booths or sale or display of adult material.

(A)

Adult cabaret. Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:

1.

Persons who appear nude or semi-nude.

2.

Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

3.

Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

(B)

Adult store. Any commercial establishment that:

1.

Contains one or more adult booths;

2.

As a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or

3.

Has a segment or section devoted to the sale or display of adult materials.

(C)

Adult theater. Any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

SHED means a storage structure constructed and located upon a property in accordance with the regulations applicable to the subject property the purpose of which is for the storage of yard equipment, recreational equipment or other consumer goods to be utilized by the residents of the subject property upon which such structure is located.

SHOPPING CENTER means a group of buildings and accessory space devoted to permitted uses under one ownership with separate establishments rented or leased, having common parking facilities for all establishments, with no lot lines drawn between establishments.

SIDEWALK means that portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.

SIGN means any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, costumes, designs, trade names, or trademarks by which anything is made known (all or any of which are sometimes referred to as "copy") and that are visible from any public street or adjacent property. A sign includes the sign structure and the sign face on which any copy is displayed.

SIGN PANEL means a structural object or portion of a structural object designed to form a distinct background area or frame for the display of a sign's information.

SIGN SUPPORT STRUCTURE means any supports, braces, guywire, anchors, and similar devices that support a sign and, together with the sign itself, are connected directly to the ground or to a building. Such support structures may include but are not limited to walls that are not part of a building, flagpoles, frames, brackets, and columns.

SINGLE-FAMILY (ATTACHED) HOME means a dwelling unit that is attached to one or more dwelling units, each with independent exterior access and each with no less than two (2) exterior walls.

This type of dwelling includes condominiums and townhouses.

SINGLE FAMILY (DETACHED) HOME means a building designed for or occupied by one family or housekeeping unit.

SITE OBSCURING STRUCTURE means opaque or having such qualities as to constitute a complete visual barrier to persons outside the perimeter of the site obscuring object. A fence, which partially obscures a site, shall not be considered site obscuring if it has maintained at least 40% transparency.

SKIRTING means the rigid physical attachments to a mobile home designed and intended to completely screen, shelter, and protect such mobile home's base and entire area between the floor surface and the ground, which includes, but not limited to, all electrical and plumbing conduits, insulation material, and undercarriage.

SPECIALTY FOOD AND/OR BEVERAGE FACILITY means a facility wherein food and/or beverage is produced and is: sold on a wholesale and/or retail basis; distributed; and/or consumed on the premises. This may include but is not limited to a winery, brew pub, micro-brewery, tap room, distillery, coffee roaster, bakery, charcuterie, cheese making and/or other facilities producing crafted alcoholic or non-alcoholic beverages and/or artisan food.

SPECIFIED SEXUAL ACTIVITIES means any of the following activities, the fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or Human genitals in a state of sexual stimulation, arousal or tumescence; or excretory functions as part of or in connection with any of the activities set forth above.

STORM WATER DESIGN MANUAL The most current copy of the "Storm Water Design Manual", which provides guidelines for developing proper and adequate storm water collection and disposal facilities will be on file in the office of the City Engineer. The Storm Water Design Manual is that manual prepared by the Mid-Ohio Regional Planning Commission.

STREET means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:

A.

"Expressway" or "freeway" means a thoroughfare which carries relatively large volumes of traffic at a relatively high speed over long distances. Expressways are usually multi-lane highways for through traffic with all crossroads separated in grade and with full control of access.

B.

"Major arterial street" or "principal arterial street" means a throughway which carries through traffic, usually intra-city, on a continuous route. Major arterial streets will have no curb parking and will have no curb parking and will use of marginal access roads, including limited access highways.

C.

"Minor arterial street" means a throughway which carries crosstown traffic from several neighborhoods, thereby servicing several residential collector streets.

D.

"Collector streets" means a thoroughfare, whether within a residential, industrial, commercial or other type of development, which carriers traffic from local streets to arterial highways, including principal entrance streets of residential developments and primary circulation routes within such development.

E.

"Local street" means a street primarily for providing access to residential, commercial or other abutting property.

F.

"Cul-de-sac" mean a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.

G.

"Alley" mean minor ways used primarily for vehicular service access to the back or side of properties abutting on other streets.

H.

"Marginal access streets" means a local street parallel and adjacent to an arterial highway, providing access to abutting properties and protection from the major street or arterial highway.

I.

"Dead-end street" means a street or a portion of a street with only one vehicular traffic outlet.

J.

"Half-street" means a street or a portion of a street with only one-half of the width paved and having proper right-of-way. Usual access at edge of subdivision where the centerline is also the plat boundary.

The comprehensive plan gives additional guidance on street classification and definitions.

STRUCTURE means anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground.

STRUCTURED PARKING FACILITY means a free-standing structure or portion of a structured dedicated to the parking of vehicles owned by patrons or tenants of the subject property or the general public as the case may be.

SUBDIVIDER means any individual, owner, developer, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under these regulations as an applicant to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION means:

A.

The division of any parcel of land shown as a unit or as contiguous units on or before January 1, 1976 into two (2) or more parcels, sites or lots, any one of which is less than five (5) acres for the purposes, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easement of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or

B.

Commercial Subdivision means the improvement of one or more parcels of land for commercial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities;

C.

Industrial Subdivision means the improvement of one or more parcels of land for industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities; or

E.

Minor Subdivision. See Minor Subdivision.

TEMPORARY SIGN means a display sign, banner or other advertising device constructed of cloth, canvas, fabric, or other light temporary material with or without a structural frame, intended for a limited period of display, including decorative displays for holidays or public demonstrations.

TENANTS-IN-COMMON means that form of real property ownership described in Ohio R. C. Chapter 5302.19, as the same may be amended from time to time.

THOROUGHFARE, STREET OR ROAD means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:

A.

Alley means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.

B.

Arterial street means a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.

C.

Collector street means a thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.

D.

Cul-de-sac means a local street of relatively short length with one end open to traffic and the other terminating in a vehicular turnaround.

E.

Dead-end street means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.

F.

Local street means a street primarily for providing access to residential or other abutting property.

G.

Loop street means a type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from such arterial or collector street, nor normally more than 600 feet from each other.

H.

Marginal access street means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called "frontage street.")

TRACT means a continuous expanse of land.

TREE, MAJOR means any tree measured with a diameter-at-breast height equal to or greater than 10 inches.

UNIT OF A BUILDING OR BUILDING UNIT means a space occupying a portion of a building, containing an entrance from the building exterior, and separated from other such spaces by a party wall or walls.

USE means the specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.

VARIANCE means an adjustment to the development standards of the zoning regulations, that does not apply to use or required density that is reviewed and approved, modified, or denied by the Board of Zoning Appeals after at least one public hearing.

VEHICLE BODY SHOP means a building, lot, or portion of a lot used or intended to be used for the business of collision service, which shall include body, frame, or fender straightening or repair, painting and glass replacement. It also includes the reconditioning of motor vehicles, which shall include repainting, resculpturing, rust repair, steam cleaning, and undercoating.

VEHICLE FUEL SALES means a building and/or lot or use having pumps and storage tanks where motor vehicle fuels or lubricating oil or grease or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only; where deliveries are made directly into motor vehicles, including greasing and oiling on the premises and car washing; and where repair services is incidental to the use.

VEHICLE SERVICE AND REPAIR FACILITY means a building, lot, or portion of a lot used or intended to be used for the retail dispensing of vehicle fuels, excluding gasoline, and including as an accessory use minor mechanical repair such as brake, exhaust and muffler work, and the dispensing of lubricants, tires, batteries, similar accessories, and convenience food items.

VEHICLE WASH FACILITY means a building, lot, or portion of a lot used or intended to be used exclusively for exterior washing and interior cleaning of motor vehicles.

VEHICLE SALES, RENTAL AND LEASE (EXCLUDING BODY WORK) means a building, lot, or portion of a lot used or intended to be used for the display, sale, rent or lease of new or used motor vehicles in operable condition and where repair service is accessory to the sale, rental or lease.

VEHICULAR CURB CUT means a paved opening abutting a roadway (typically interrupting a curb and/or a sidewalk) that provides vehicular access to enter or exit a property from a roadway's paved surface.

VEHICULAR SIGN means a sign mounted upon, painted upon, or otherwise erected on a trailer, truck, automobile, or other vehicle parked or placed so that the signs thereon are visible from a public street or right of way.

VEHICULAR USE AREA means spaces such as driveways, parking stalls, drive aisles, and other paved surfaces intended for vehicular movement and maneuvering. It serves as the functional zone within a property or development for vehicles to access, park, and navigate safely, ensuring efficient traffic flow and organized parking arrangements.

VEHICULAR USE AREA SETBACK means the setback area between the street right-of-way and any vehicular use area as set forth under Chapter 1125 of this Planning and Zoning Ordinance.

VEHICULAR USE AREA SIGN means a sign within a vehicular use area that: (1) does not qualify as an otherwise defined sign, or (2) does not exceed maximum dimensional standards applicable to vehicular use area signage. Such signage typically facilitates the orderly movement of automobiles and people into, out of, or within a property. This definition may include signs affixed directly onto pathways such as "EXIT ONLY" on a driveway, among other configurations of signage.

Figure 1129.14-14: Example Vehicular Use Area Sign

Figure 1129.14-15: Example Vehicular Use Area Sign

VETERINARY ANIMAL HOSPITAL AND/OR ANIMAL CLINIC means a structure or premises utilized for the diagnosis and treatment of ill and injured animals and the short-term boarding incidental to the clinical use. A veterinary clinic cannot be implicitly interpreted as a kennel.

VICINITY MAP means a drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.

WALKWAY means a public or private way, four (4) feet or more in width, for pedestrian use only, whether along the side of a road or not.

WALL SIGN means a sign that is applied on a non-window and non-door surface of a building with a sign face parallel to such surface. Wall signs do not include and are separately defined from BUILDING ENTRANCE SIGN and from MURAL.

Figure 1129.14-16: Example Wall Sign

WAREHOUSING, PERSONAL STORAGE/MINI means a building or group of buildings designed and used solely for the purpose of leasing interior space for the storage of personal property, household items and the inventory of commercial businesses where storage units are individually leased or rented and where access to storage units is infrequent.

Outdoor storage and the storage of junk, explosives, flammable materials and other noxious or dangerous materials are specifically prohibited.

WAREHOUSING, PRIVATE means a person or business whose primary concern and profit motive is manufacture, assembly or sale of finished products and who needs to receive, store and ship merchandise or commodities only for purposes of supporting the primary concern.

WAREHOUSING, PUBLIC means a person or business whose primary purpose and profit motive is the receiving, storing and shipping of merchandise or commodities for one or more unrelated persons or businesses.

WATER SUPPLY IMPROVEMENTS means those improvements determined by the City Engineer to be necessary to facilitate the satisfactory delivery of water in accordance with these regulations, with the City Water Department standards and applicable state and federal laws and regulations.

WHOLESALE AND DISTRIBUTION means an establishment that engages in the sale of goods, merchandise and commodities for resale by the purchaser.

WINDOW AND DOOR SIGN means a sign that is painted, attached, or affixed to the interior or exterior surface of windows or doors of a building or suspended on the inside or outside of the windows or doors. A single window and/or door sign includes any portions of a message and associated graphics that span across separate panes of glass where such areas of separation or interruption are not wider than 18 inches.

Figure 1129.14-17: Example Window and Door Sign

WORKING DAY means the days occurring Monday through Friday, excluding legal holidays. The time within which an act is required by law to be done shall be computed by excluding the first and including the last day; except that when the last day falls on the weekend or a legal holiday, the act may be done on the next succeeding day that is not the weekend or a legal holiday.

YARD means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure above the general ground level of the graded lot upward; provided accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

YARD, FRONT means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.

YARD, REAR means a yard extending between side lot lines across the rear of the lot and from the rear lot line to the rear of the principal building.

YARD, SIDE means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

YARD SIGN means a temporary sign, often double faced, that is supported by metal legs, or a wooden post anchored into soil with no permanent foundation.

Figure 1129.14-18: Example Yard Sign

ZONING CERTIFICATE means a document issued by the Division of Engineering authorizing the occupancy or use of a building or structure or the actual use of lots or lands in accordance with the previously issued zoning permit.

ZONING DISTRICT OR DISTRICT means an area depicted on the official zoning map comprised of properties and land uses that are otherwise intended to reflect the comprehensive plan.

ZONING ORDINANCE means the zoning regulations of the City of Marysville.

ZONING PERMIT means a document issued by the Division of Engineering authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.

B.

TERMS APPLICABLE TO DESIGN REVIEW, CHAPTER 1133

ARCHITECTURAL CHARACTER means the architectural style, general design, and general arrangement of the exterior of a building or other structure including the type and texture of the light fixtures, signs and other appurtenant fixtures.

CERTIFICATE OF APPROPRIATENESS means a certificate authorizing any alteration of architectural character or any environmental change within the Historic District(s) and Landmark(s).

DESIGN REVIEW BOARD means the Design Review Board of the City.

ENVIRONMENTAL CHANGE means the construction, modification, reconstruction, demolition, or removal of exterior features of a structure or property subject to the provisions of this chapter.

LANDMARK means a property, structure, or building designated by the Design Review Board to be worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance.

MAINTENANCE means the ordinary repair of any structure or property provided such work involves no change in material, design, texture, color or exterior appearance.

PRESERVE OR PRESERVATION means the process, including maintenance of treating an existing building to arrest the slow future deterioration, stabilize the structure and provide structural safety without changing or adversely affecting the character or appearance of the structure.

C.

TERMS APPLICABLE TO LANDSCAPE REQUIREMENTS, CHAPTER 1125

CROWN SPREAD means the distance measured across the greatest diameter of the above ground portions of a plant.

DECORATIVE WALLS AND FENCES means barriers constructed of wood, masonry or other appropriate material.

DEVELOPED AREA means that a portion of a plot or parcel of land upon which a building, structure, pavement, landscaped material or other improvements, excluding public rights-of-way, have been placed.

DIAMETER AT BREAST HEIGHT (DBH) means the diameter of the tree as measured at four and a half (4½) feet above grade. If a tree splits into multiple trunks below 4½ feet above grade, the trunk is measured at its most narrow point below the split.

EARTH MOUNDS means earthen physical barriers which block or screen a view, which have vegetation capable of preventing erosion, and have a maximum permitted slope of three (3) feet horizontal to one vertical (3:1) where mounds are to be mowed.

GROUND COVER means landscape materials such as natural mulch or low growing plants installed in such a manner so as to form a continuous cover over the ground.

INTERIOR LANDSCAPING means the use of landscape materials within the boundaries of the parcel, exclusive of the perimeter landscaping.

LANDSCAPE BUFFER means landscape materials installed between certain land uses [i.e. (1) between multifamily and single-family uses, (2) between any residential and commercial uses, and (3) between any manufacturing and residential or commercial use], between thoroughfares and land uses, and between thoroughfares and off-street parking in order to reduce glare, unsightly views, and noise.

LANDSCAPE MATERIAL means materials such as, but not limited to, living trees, shrubs, vines, lawn grasses, ground cover, landscape water features and non-living, durable material commonly used in landscaping, including, but not limited to, rocks, pebbles, sand, decorative walls and fences, earthen mounds, but excluding pavements or surfaces for parking areas.

NATIVE PLANT SPECIES means a plant species, other than noxious weeds, that are indigenous to the area and usually do not need human intervention to grow or reproduce.

NEW STRUCTURE means any structure newly constructed or erected, except for fences, decks, signs, trash enclosures, swimming pools, playground equipment and accessory structures under 250 sq. ft., which requires location on the ground. Additions to, alterations to and/or reconstruction of an existing structure or building shall not be considered a new structure.

OPACITY means the required percent of visual screening from adjacent properties in a vertical plane extending from the established grade to a required height.

SERVICE STRUCTURES means equipment or elements providing service to a building or a site including but not limited to loading docks, storage tanks, trash containers or receptacles, electrical transformers, utility vaults which extend above the surface, cooling towers, and heating and cooling units.

SHRUB means a perennial plant which has persistent multiple woody stems from a common root and differing from a tree by its low stature and habit of branching from the base.

SUBSTANTIAL EXPANSION means when an existing structure or vehicular access area is expanded, altered, or enlarged where such expansion, alteration, or enlargement exceeds twenty-five (25) percent of the area of the existing structure or vehicular access area.

TREE means any self-supporting, woody perennial plant which normally grows to an overall height of at least fifteen (15) feet.

TREE, DECIDUOUS means trees which normally shed their leaves in the fall.

TREE, LARGE means any tree which normally attains a mature height equal to or greater than forty (40) feet.

TREE LAWN means that part of the street right-of-way not covered by sidewalk, bike path or other paving, lying between the sidewalk and street.

TREE, MEASUREMENT means the diameter in inches of a tree trunk measured six (6) inches above grade for trees equal to or less than six (6) inches in diameter or measured at DBH for trees larger than six (6) inches in diameter.

TREE, MEDIUM means any tree which normally attains a mature height greater than twenty-five (25) feet and less than forty (40) feet.

TREE, SMALL means any tree which normally attains a mature height greater than fifteen (15) feet and less than twenty-five (25) feet.

TREE, STANDARD means a tree planted with a trunk caliper (diameter) of at least one and 3/4 (1¾) inches measured 6" above grade.

VEHICLE ENCROACHMENT means an protrusion of a vehicle outside of a parking space, display area, storage area, access way, or access aisle into a landscape area.

VEHICULAR USE AREA means any paved surface area, excepting public rights-of-way, used by any type vehicle, whether moving or at rest for the purpose of (including but not limited to) driving, parking, loading, unloading, or storage.

D.

TERMS APPLICABLE TO WIRELESS TELECOMMUNICATION STRUCTURES, SECTION 1123.26

ANTENNA means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

ANTENNA SUPPORT STRUCTURE means any building or other structure other than a Tower which can be used for location of Wireless Telecommunications Facilities.

CO-LOCATION means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.

ENGINEER, RADIO FREQUENCY means an engineer who possesses the additional qualifications of holding a FCC General Radiotelephone Operator License and who has successfully completed training in electromagnetic field theory and antenna theory.

EQUIPMENT SHELTER means the structure in which the electronic receiving and relay equipment for a Wireless Telecommunications Facility is housed.

FAA means the Federal Aviation Administration and any legally appointed, designated or elected agent or successor.

FCC means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.

HEIGHT OR ABOVE GROUND LEVEL means, when with respect to Chapter 1123.16, the distance measured from the finished grade at the base of the tower/structure to the highest point on the tower or other structure, including the base pad and any antenna.

MONOPOLE means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

OPEN SPACE means an area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools and tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.

TOWER means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, wireless telecommunications towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

TOWERS, PRE-EXISTING AND PRE-EXISTING ANTENNAS means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

VIEWSHED means the area surrounding a Wireless Telecommunications Facility or Antenna Support Structure, within which the Facility or Structure is visible from street level.

WIRELESS TELECOMMUNICATIONS FACILITIES means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a Person seeks to locate or has installed upon a Tower or Antenna Support Structure.

However, the term Wireless Telecommunications Facilities shall not include: (1) Any satellite earth station antenna two (2) meters in diameter or less which are located in an area zoned industrial or commercial; (2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category; (3) Antennas used by amateur radio operators are excluded from this definition.

E.

TERMS APPLICABLE TO ALTERNATIVE ENERGY, CHAPTER 1139

ANEMOMETER means an instrument that measures the force and direction of the wind.

CLEAR FALL ZONE means an area surrounding the wind turbine unit into which the turbine, tower and/or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods, or any other condition causing turbine failure. The area shall remain confined within the property lines of the primary parcel where the turbine is located. The purpose of the zone being that if the turbine shall fall or otherwise become damaged, the falling structure will be confined to the primary parcel and will not intrude onto a neighboring property.

GROUND MOUNTED means an alternative energy project which is not attached to a building and which is either attached directly to the ground or elevated on a supporting structure attached to the ground.

MEGAWATT means a unit of power equal to one million watts.

MONOPOLE means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

OWNER means, with respect to Chapter 1139, any of the following:

(A)

Equipment owner means the person or entity that owns an alternative energy project.

(B)

Participating owner means the owner of the property on which an alternative energy project is built.

(C)

Non-participating landowner means an owner of property on which an alternative energy project is not being built.

ROOF/BUILDING MOUNTED means an alternative energy project which is attached to a building or roof.

ROTOR DIAMETER means the cross-sectional dimension of the circle swept by the rotating blades.

SMALL WIND ENERGY PROJECT means a wind energy project that has a capacity of more than 2 kilowatts and less than 5 megawatts, including the wind turbine generator or anemometer or any parts thereof and is primarily used to generate energy for use on the property where it is located. Small wind energy projects shall include Horizontal Axis Wind Turbines (HAWTs), Vertical Axis Wind Turbines (V AWTs), and Blade Tip Power System (BTPSs) as shown in Figure 1.

SOLAR ENERGY SYSTEM is a solar photovoltaic panel, solar hot air or hot water panel collector device, or other type of energy system which relies upon solar radiation as a source for the generation of electricity or transfer of stored heat.

TOTAL HEIGHT means, with respect to Section 1123.26, any of the following: (1) Means for a horizontal and vertical axis turbine; the vertical distance from ground level to the tip of the wind generator blade when the tip is at its highest point. (2) Means for a blade tip power system; the vertical distance from ground level to the highest point of the turbine structure.

WIND ENERGY PROJECT means equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by Ohio R. C. 1551.20) and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire or other component used in the project.

WIND GENERATOR means the mechanical and electrical conversion components mounted at the top of a tower in a wind energy project.

F.

TERMS APPLICABLE TO MARIJUANA, CHAPTER 1123

Adult Use Cannabis. Pursuant to ORC 3780 as amended or replaced from time to time, "adult use cannabis" has the same meaning as "marihuana" as defined in ORC 3719, as amended from time to time.

Adult Use Cannabis Operator. Pursuant to ORC 3780 as amended or replaced from time to time, "adult use cannabis operator" means an adult use cultivator, processor, and dispensary.

Cannabis. Pursuant to ORC 3780 as amended or replaced from time to time, "cannabis" has the same meaning as "marihuana" as defined in ORC 3719, as amended from time to time.

Cultivation Facility. Pursuant to ORC 3780 as amended or replaced from time to time, "cultivation facility" means a facility where a cultivator is licensed by the State of Ohio to operate.

Cultivate. Pursuant to ORC 3780 as amended or replaced from time to time, "cultivate" means to grow, harvest, package, and transport adult use cannabis.

Cultivator. Pursuant to ORC 3780 as amended or replaced from time to time, "cultivator" means an entity or person licensed by the State of Ohio to grow, harvest, package, and transport adult use cannabis.

Dispensary. Pursuant to ORC 3780 as amended or replaced from time to time, "dispensary" means an entity or person licensed by the State of Ohio to sell adult use cannabis.

Manufacture. Pursuant to ORC 3780 as amended or replaced from time to time, "manufacture" means the process of converting harvested plant material into adult use extract by physical or chemical means for use as an ingredient in an adult use cannabis product.

Marihuana. Pursuant to ORC 3780 as amended or replaced from time to time, "marihuana" has the same meaning as "marihuana" as defined in ORC 3719, as amended from time to time.

Marijuana. Pursuant to ORC 3780 as amended or replaced from time to time, "marijuana" has the same meaning as "marihuana" as defined in ORC 3719, as amended from time to time.

Medical Marijuana. means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.

Mobile building means a single modular building designed to be transported, placed, or removed as a single unit.

Processor. Pursuant to ORC 3780 as amended or replaced from time to time, "processor" means an entity or person licensed by the State of Ohio to manufacture adult use cannabis products.

G.

TERMS APPLICABLE TO SMALL BOX DISCOUNT RETAIL STORES, CHAPTER 1123

Small Box Discount Retail Store. A retail store between 3,000 and 15,000 square feet that sells directly to consumers a limited assortment of physical goods, products, or merchandise, personal grooming and health products, household goods, and other consumer products, including food or beverages for off-premises consumption, most of which are sold for ten dollars ($10.00) or less, and that does not dedicate a minimum of fifteen percent (15%) of shelf space to fresh food and produce.

Fresh Produce means fruits and vegetables that have not been processed in any manner. This term does not include such items as potted or dried herbs, wild rice, dried fruits and vegetables, raw nuts of any kind or popcorn, fruit or vegetable/plant seedlings, seeds/grains, flowers, maple syrup, cider, eggs, meat, cheese and seafood.

Fresh or Fresh Frozen Food means that is in its raw state, or unprocessed; food that was quickly frozen while still fresh (blanching, blast freezing) and no deterioration has taken place.

(Ord. No. 054-2020, Passed 11-23-2020; Ord. 005-2022. Passed 3-14-2022; Ord. No. 017-2022, Passed 3-1-2022; Ord. No. 002-2023, Passed 2-13-2023; Ord. No. 016-2023, Passed 3-7-2023; Ord. No. 052-2024 Passed 11-25-2024; Ord. No. 005-2025. Passed 2-24-2025; Ord. No. 013-2025. Passed 3-24-2025; Ord. No. 014-2025. Passed 4-14-2025; Ord. No. 030-2025, Passed 9-22-2025; Ord. No. 038-2025, Passed 10-27-2025.)

The following zoning districts and overlays are hereby established for the City of Marysville, Ohio. For the interpretation of this Planning and Zoning Ordinance, the zoning districts and overlays have been formulated to realize the general purpose as set forth in the preamble of original Ordinance 1005-77 and the Comprehensive Plan, as may be amended from time to time. The specific purpose of each zoning district or overlay shall serve as guidance for regulating existing and future development within each zoning district or overlay.

(Ord. No. 054-2020, Passed 11-23-2020.)

The regulations for each district set forth by this Planning and Zoning Ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided or as otherwise granted by the Board of Zoning Appeals.

(a)

No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(b)

No building or other structure shall be erected or altered:

» To provide for greater height or bulk;

» To accommodate or house a greater number of families;

» To occupy a greater percentage of lot area;

» To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required, or in any other manner be contrary to the provisions of this Planning and Zoning Ordinance.

(c)

No yard or lot existing at the time of passage of this Planning and Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Planning and Zoning Ordinance shall meet at least the minimum requirements set forth herein.

(d)

Notwithstanding anything to the contrary contained herein, any single lot of record existing as of the effective date of this Planning and Zoning Ordinance shall comply with the yard dimension requirements in effect at the time such lot was platted and/or created.

(Ord. No. 054-2020, Passed 11-23-2020.)

(a)

District regulations shall be as set forth in this Chapter 1121. Regulations for mobile home parks shall be those specified in Chapter 1111.

(b)

Permitted Uses and Conditional Uses for each zoning district are set forth within the respective section for such district. Permitted Uses shall include all Accessory Uses, as such term is defined within this Planning and Zoning Ordinance. Conditional Uses require the grant of a Conditional Use permit by the Planning Commission.

(c)

Any use not specifically listed in any zoning district, shall only be allowed.

» Upon amendment of this Planning and Zoning Ordinance and/or Zoning Map as provided in Chapter 1141; or

» Upon a finding by the Division of Engineering that the use is substantially similar to a permitted use in the district; or

» Upon a finding by the Division of Engineering that the use is substantially similar to a conditionally permitted use in the district and is approved by the Planning Commission as a conditional use.

Uses permitted or conditionally permitted in any zoning district shall not be allowed to be permitted or conditionally permitted in any other district unless a zoning change is granted through the procedures as outlined in Chapter 1141.

(Ord. No. 054-2020, Passed 11-23-2020.)

(a)

Existing Planned Unit Developments. In accordance with Chapter 1121 of this Planning and Zoning Ordinance, Planned Unit Developments and all associated development plans and supporting documentation adopted prior to the effective date of this Planning and Zoning Ordinance shall continue in effect and be considered legally conforming under this Planning and Zoning Ordinance. The procedures for amendments of those developments must conform to the regulations indicated in Chapter 1135 hereof. Zoning amendments passed during the time period granted for the approved development plan shall not in any way affect the terms under which approval of the PUD was granted. Such existing Planned Unit Developments are set forth on the Official Zoning Map.

(b)

New Planned Unit Developments. Any application for a new Planned Unit Development shall be reviewed in accordance with the procedures set forth in Chapter 1135 of this Planning and Zoning Ordinance.

(Ord. No. 054-2020, Passed 11-23-2020.)

The building typologies set forth under each district and overlay reflect the forms of development contemplated for all new development and redevelopment within the City. While there is a correspondence between residential uses and the various underlying residential building typologies, nonresidential uses may be incorporated into a range of building typologies based on the specifications of the underlying project. Upon reviewing any application for a residential use or nonresidential use, the Division of Engineering shall determine the most applicable building typology for the proposed project and evaluate the project based upon the applicable standards.

The alteration or renovation of existing structures shall comply with those development standards that the Division of Engineering determines are applicable to the existing structure and site.

(Ord. No. 054-2020, Passed 11-23-2020.)

Figure 21.1 below illustrates the key terms applicable to the development standards found under each building typology. These key terms are illustrated as follows:

FIGURE 21.1: DEVELOPMENT STANDARDS

FIGURE 21.2: ZONING MAP

(Ord. No. 054-2020, Passed 11-23-2020.)

I.

Purpose and Intent

A.

The Suburban Residential District is intended to regulate all land in the city platted for medium scale suburban single-family residential development.

II.

Existing Development Patterns

A.

The existing development pattern in the SRD is traditional single-family residential subdivisions with single-unit structures. The existing subdivisions are adjacent to commercial corridors with commercial development on a scale that serves the residents of the Suburban Residential District.

III.

Desired Development Pattern

A.

The desired development pattern in the SRD is to accommodate multiple forms of single-family development, including attached single-family townhomes and to promote increased open-space and pedestrian between residential development and adjacent commercial development.

IV.

Development Typologies

New development in the SRD shall be developed in accordance with the following building typologies.

» Single-Family (detached) Building Typology

» Single-Family (attached) Building Typology

» Community Center Building Typology

» Institutional Flex Building Typology

» Multi-Family Building Typology

SINGLE-FAMILY (DETACHED) BUILDING TYPOLOGY

The Single-Family (detached) Building Typology is the traditional suburban single-family typology within the SRD. This building typology features off-street parking in a side-loading or front-loading garage with a driveway entry.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

SINGLE-FAMILY (ATTACHED) BUILDING TYPOLOGY

The Single-Family (attached) Building Typology allows for increased density in the SRD while preserving the predominant residential development pattern.

Supplemental Regulations:
* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

Maximum continuous frontage of 200 feet for attached units. 20 feet minimum spacing between any grouping of attached units.

SRD SINGLE-FAMILY (DETACHED)

SRD SINGLE-FAMILY (ATTACHED)

COMMUNITY CENTER BUILDING TYPOLOGY

The Community Center Building Typology allows for community-oriented uses to serve surrounding residential development throughout the SRD.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

INSTITUTIONAL FLEX BUILDING TYPOLOGY

The Institutional Flex Building Typology allows for institutional and community uses within the SRD. This typology is intended to allow for non-residential uses to be incorporated in a residential setting.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

SRD COMMUNITY CENTER

SRD INSTITUTIONAL FLEX BUILDING

MULTI-FAMILY BUILDING TYPOLOGY

The Multi-Family Building Typology within the SRD promotes additional density within the traditional suburban development pattern. The design and layout of this building typology should complement the existing built environment.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

SRD MULTI-FAMILY

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 048-2023, Passed 10-9-2023; Ord. No. 013-2025. Passed 3-24-2025.)

I.

Purpose and Intent

A.

The purpose of the Suburban Commercial District (SCD) is to promote a mix of uses in close proximity to residential forms of suburban development. The SCD allows for the establishment of commercial and institutional uses that support suburban development.

II.

Desired Development Pattern

A.

The desired development pattern in the SCD is commercial and mixed-use development along commercial corridors that are adjacent to residential development. New development should be oriented to commercial streets with parking at the rear and sides of buildings.

III.

Development Typologies

A.

Buildings in the Suburban Commercial District shall be developed in accordance with the following development typologies.

» Commercial Building Typology

» Office Building Typology

» Institutional Flex Building Typology

» Single-Family Home (attached)

» Multi-Family Residential Building Typology

COMMERCIAL BUILDING TYPOLOGY

The Commercial Building Typology in the SCD allows for commercial development that is oriented toward suburban commercial corridors that are adjacent to suburban residential development, providing convenient retail options to residents in the surrounding area.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

OFFICE BUILDING TYPOLOGY

The Office Building Typology allows for the development of offices in close proximity to residential development, providing residents with access to service providers and employers.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering. SCD COMMERCIAL

SCD OFFICE

INSTITUTIONAL FLEX BUILDING TYPOLOGY

The Institutional Flex Building Typology promotes the placement of community-oriented uses in close proximity to suburban residential development patterns to provide walkable amenities for area residents.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

SCD INSTITUTIONAL FLEX BUILDING

SINGLE-FAMILY (ATTACHED) BUILDING TYPOLOGY

The Single-Family (attached) Building Typology within the SCD promotes additional density within the existing development pattern and complements the proposed commercial development.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

Maximum continuous frontage of 200 feet for attached units. 20 feet minimum spacing between any grouping of attached units.

SCD SINGLE-FAMILY (ATTACHED)

MULTI-FAMILY BUILDING TYPOLOGY

The Multi-Family Building Typology within the SCD promotes additional density within the commercial development pattern. The design and layout of this building typology should complement the existing built environment

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

SCD MULTI-FAMILY

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 049-2023, Passed 10-9-2023; Ord. No. 005-2025. Passed 2-24-2025; Ord. No. 013-2025. Passed 3-24-2025.)

I.

Purpose and Intent

A.

The Agricultural Residential District (ARD) is intended to regulate all land to the south of the city that was developed in an agricultural context with large lot sizes, minimal lot coverage, and significant open space for each residence.

II.

Existing Development Patterns

A.

The existing development pattern in the ARD is large lot residential development with minimal lot coverage and significant open space. Accessory agricultural uses may exist these lots.

III.

Desired Development Pattern

A.

The desired development pattern in the ARD is to maintain the traditional development form and ensure that new development reflects the low-density environment.

IV.

Development Typologies

New development in the ARD shall be developed in accordance with the following development typologies.

» Single-Family (detached) Building Typology

SINGLE-FAMILY (DETACHED) BUILDING TYPOLOGY

The Single-Family (detached) Building Typology is the predominant development typology in the Agricultural Residential District. The configuration of the lots within the ARD promotes open space consistent with the rural development pattern throughout the district.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

ARD SINGLE-FAMILY DETACHED

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 050-2023, Passed 10-9-2023; Ord. No. 013-2025. Passed 3-24-2025.)

I.

Purpose and Intent

A.

The Village Residential District (VRD) is intended to regulate all land in the city that was developed on a neighborhood-scale immediately to the north, south, east and west of Marysville's Uptown Districts.

II.

Existing Development Patterns

A.

The existing development pattern in the Village Residential District is traditional neighborhood-oriented development with lot and building footprint increasing with distance from the Uptown Districts. Throughout the Village Residential District, single-family residences have been converted to small-scale commercial uses such as personal service providers and professional offices.

III.

Desired Development Pattern

A.

The desired development pattern in the Village District is to accommodate medium density single family and multi-family development, including detached single-family homes, attached single-family, townhomes and quadplexes. Where appropriate, small-scale commercial development may be conditionally approved to promote a mix of uses within the district.

IV.

Development Typologies

A.

Buildings in the Village Residential District shall be developed in accordance with the following development typologies.

» Single-Family (Detached) Building Typology

» Single-Family (Attached) Building Typology

» Multi-Family Building Typology

» Institutional/Flex Building Typology

SINGLE-FAMILY (DETACHED) BUILDING TYPOLOGY

The Single-Family (detached) Building Typology is the predominant development typology in the VRD. The lot size and building placement requirements for this building typology reflect the historic lot sizes and dimensions in the district.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

V.

VILLAGE RESIDENTIAL DISTRICT SINGLE-FAMILY (DETACHED) DESIGN REVIEW PROCESS

(a)

Purpose. The purpose of the Village Residential District Single-Family (Detached) Design Review process is to maintain and enhance the distinct character of the City's inner ring residential district. The Village Residential District includes a wide range of architecturally significant single-family (detached) structures ranging from Victorian style to mid-century modern, prairie style.

(b)

Intent. The intent of the design review contemplated hereunder is to:

(1)

Maintain the unique character of the single-family (detached) structures located in the Village Residential District through basic design regulations;

(2)

Promote high-quality infill projects involving single-family (detached) structures that enhance the character and fabric of the Village Residential District; and

(3)

Allow for innovative major renovations and substantial expansions that reflect the predominant aesthetic while maintaining consistency with the existing built environment.

(c)

Design Review Process. When the applicability criteria set forth below are satisfied for a change or a project, the Design Review Board or City staff, as applicable, shall review applications for the new construction, substantial expansion, and/or major renovation of single-family (detached) structures located in the Village Residential District.

(d)

Applicability Criteria—Changes and Projects Requiring Review and Approval. The Design Review Board or City staff, as applicable, shall review changes or projects involving single-family (detached) structures located in the Village Residential District under the following circumstances:

(1)

New Construction. The Design Review Board shall review all applications for new construction of single-family (detached) structures in the Village Residential District in accordance with the applicable design standards set forth under Section (F) below.

(2)

Substantial Expansions. The Design Review Board or City staff, as applicable, shall review qualifying substantial expansions of existing single-family (detached) structures. For purposes of this subsection (d)(ii), "substantial expansion" shall mean an increase by 50% or more of the gross floor area of a single-family (detached) structure proposed in any single application. The determination of whether a change constitutes a "substantial expansion" shall be made by the Division of Engineering using public records setting forth the existing square footage of the subject structure as well as other information that may be available to the Division of Engineering, including but not limited to information provided by the applicant.

(i)

Substantial Expansions not visible from public right-of-way. Where a substantial expansion will not be visible from the public right-of-way, City staff shall review and approve or deny the application for the change in accordance with the applicable design standards for single-family (detached) structures set forth under Section (f) below.

(ii)

Substantial Expansions visible from right-of-way. Where a substantial expansion will be visible from the right-of-way, City staff shall review the application and may elect to either (i) approve the application based on the applicable design standards set forth under Section (f) below or (ii) refer the application to the Design Review Board for review and approval or denial.

(3)

Major Renovations. The City staff or the Design Review Board, as applicable, shall review applications for major renovations to existing single-family (detached) structures. For the purposes of this subsection (d)(iii), "major renovation" shall include any or all of the following changes to an existing single-family (detached) structure:

(i)

A change to 25% or more of the surface area of a single-family (detached) structure proposed in any single application; The determination of whether a change to the surface area of a structure constitutes a "major renovation" shall be made by the Division of Engineering using public records and other information that may be available to the Division of Engineering.

(ii)

The replacement of any window or door with a dissimilar window or door on a principal single-family (detached) structure; or

(iii)

The replacement of the existing roof on a single-family (detached) structure with a metal roof.

(4)

Major Renovations not visible from the public right-of-way. City staff shall review and approve or deny any application for a major renovation that is not visible from the public right-of-way.

(5)

Major Renovations visible from the public right-of-way. Where a major renovation will be visible from the public right-of-way, City staff may either (i) approve the application based on the applicable design standards set forth under Section (f) below or (ii) refer the application to the Design Review Board for review and approval or denial.

(e)

Applicability Criteria—Changes and Projects Not Requiring Review and Approval. The following changes, projects, and activities are exempt from review under this section and shall not require the review or approval of City staff or the Design Review Board:

(1)

Repainting a principal structure with any permitted paint color as described under Section (f ) below;

(2)

Replacing windows or doors with replacement windows and doors that have similar appearance and do not reduce the openings by more than 10%;

(3)

Removing existing materials to expose original materials beneath such existing materials, including but not limited to removing vinyl siding to expose original brick;

(4)

Covering or removing non-historic materials or hazardous materials, such as asbestos siding, with materials that comply with the materials guidelines set forth under Section (f ) below;

(5)

Replacing existing materials with like-materials; provided however, if like-materials are not commercially available, then with such other materials that are in compliance with the materials guidelines set forth under section (f) below;

(6)

Conducting routine maintenance and upkeep, including the repair or restoration of existing materials; and

(7)

Projects or changes undertaken at the direction of the Division of Engineering or pursuant to a code enforcement order.

For the purposes of this Section (e), "like-materials" shall mean materials that are substantially similar to existing materials in texture, shape, dimension, and style.

Table 1121.10-1 Summary of Approval Requirements

Key

M- Mandatory Review

D- Discretionary Review

R- Review upon Administrative Referral

(f)

Design Guidelines for Single-Family (Detached) Structures in the Village Residential District. The following design review standards shall apply to any review required in accordance with this Section.

(1)

Building Architecture.

(i)

Design. All buildings shall provide visual interest that will be consistent with the community's identity, character and scale. As further described herein, building additions shall be of similar design, materials, and construction to that of the existing or principal structure.

(ii)

Color. Specific colors and color schemes shall be designed to be compatible and harmonious with those of the buildings in the surrounding area. Facade colors shall be subtle and of low reflectance. Accent colors may be used to highlight architectural features. Permitted colors shall include any color that is compatible with the color of other structures located in the district, except for prohibited colors as described herein.

Prohibited colors shall include any colors included in day-glow, neon, metallic and/or high-chroma color palettes.

(iii)

Articulation. A building frontage that exceeds a width of fifty (50) feet shall incorporate articulation and offset of the wall plane to inhibit a large expanse of blank wall and add interest to the facades. Where a structure has a front-loaded garage, the garage shall be placed a minimum of two feet behind the front building facade.

(iv)

Materials. Building materials shall be of high quality, durable and consistent with the principal structure's surroundings. Architectural features shall be used to create visual interest and livability of the single-family dwellings. All structures shall be designed to be architecturally compatible with each other by employing similar roof pitches, architectural details and be constructed of compatible exterior building materials. Permitted building materials shall be high quality, durable materials.

(2)

Roofing. Roofing shall be compatible and harmonious with building materials and color scheme.

(3)

Additions. Additions to existing single-family (detached) building types shall not destroy or otherwise impede the original materials of the principal structure. Additions shall be constructed with compatible materials, scale, massing, features, and proportion of the principal structure and adjacent principal structures.

(g)

Appeal. Any party aggrieved by the decision of City Staff may appeal such decision to the Design Review Board, and any party aggrieved by the decision of the Design Review Board may appeal such decision to the Board of Zoning Appeals.

SINGLE-FAMILY (ATTACHED) BUILDING TYPOLOGY

The Single-Family (attached) Building Typology in the VRD allows for increased density and serves as a complement to the existing single-family detached development pattern.

Supplemental Regulations:
* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.
Maximum continuous frontage of 185 feet for attached units. 15 feet minimum spacing between any grouping of attached units.

VRD SINGLE-FAMILY (DETACHED)

VRD SINGLE-FAMILY (ATTACHED)

MULTI-FAMILY BUILDING TYPOLOGY

The Multi-Family Building Typology within the VRD promotes additional density within the traditional neighborhood development pattern. The design and layout of this building typology should complement the existing built environment.

Supplemental Regulations:
* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

INSTITUTIONAL FLEX BUILDING TYPOLOGY

The Institutional Flex Building Typology allows for institutional and community uses within the VRD. This typology is intended to allow for non-residential uses to be incorporated in a residential setting.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

VRD MULTI-FAMILY

VRD INSTITUTIONAL FLEX

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 051-2023, Passed 10-9-2023; Ord. No. 013-2025. Passed 3-24-2025.)

I.

Purpose and Intent

A.

The purpose of the Neighborhood Commercial District (NCD) is to provide a mix of uses in close proximity to residential districts not zoned for commercial uses such as the Village Residential District. The NCD allows for the establishment of walkable neighborhood commercial scale commercial and institutional uses supported by surrounding single-family and multi-family residential development.

II.

Desired Development Pattern

A.

The desired development pattern in the Neighborhood Commercial District is to accommodate continued residential development while allowing for neighborhood-scale retail and institutional uses. Mixed-use development will be conditionally approved where appropriate.

III.

Development Typologies

A.

Buildings in the Neighborhood Commercial District shall be developed in accordance with the following development typologies.

» Commercial (Neighborhood) Building Typology

» Institutional Flex (Neighborhood) Building Typology

» Mixed-Use (Neighborhood) Building Typology

» Multi-Family Building Typology

» Single-Family (attached) Building Typology

COMMERCIAL BUILDING TYPOLOGY

The Commercial (neighborhood) Building Typology allows for commercial development on a pedestrian scale. The placement of this development typology is oriented toward commercial streets but maintains a pedestrian scale.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

INSTITUTIONAL FLEX BUILDING TYPOLOGY

The Institutional Flex Building (neighborhood) Typology allows for the location of community-oriented uses along neighborhood commercial corridors.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

NCD COMMERCIAL (NEIGHBORHOOD)

NCD INSTITUTIONAL FLEX (NEIGHBORHOOD)

MIXED-USE BUILDING TYPOLOGY

The Mixed-Use Building (neighborhood) Typology allows for mixed-use residential and commercial development on a neighborhood scale.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

SINGLE-FAMILY (ATTACHED) BUILDING TYPOLOGY

The Single-Family (attached) Building Typology within the NCD promotes additional density within the existing development pattern and complements the proposed commercial development.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

Maximum continuous frontage of 185 feet for attached units. 15 feet minimum spacing between any grouping of attached units.

NCD SINGLE-FAMILY (ATTACHED)

NCD MIXED-USE (NEIGHBORHOOD COMMERCIAL)

NCD MULTI-FAMILY

MULTI-FAMILY BUILDING TYPOLOGY

The Multi-Family Building Typology within the NCD allows for density in close proximity to the desired mixed-use and retail development patterns.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 052-2023, Passed 10-9-2023; Ord. No. 005-2025. Passed 2-24-2025; Ord. No. 013-2025. Passed 3-24-2025.)

I.

Purpose and Intent

A.

The Hospital Mixed-Use District (HMD) is intended to regulate all land in the city that was developed around Marysville's anchor health institutions and hospitals. The HMD encompasses a mix of traditional health services, commercial uses and residential uses.

II.

Existing Development Patterns

A.

The existing development pattern in the HMD is traditional large scale institutional development in the form of hospitals and medical facilities with adjacent residential development.

III.

Desired Development Pattern

A.

The desired development pattern in the HMD is to accommodate medium density single-family and multi-family development, including detached single-family homes, attached single-family townhomes and quadplexes. Where appropriate, small-scale commercial development may be conditionally approved to promote a mix of uses within the district.

IV.

Development Typologies

A.

Buildings in the Hospital Mixed-Use District shall be developed in accordance with the following development typologies:

» Single-Family (Attached) Building Typology

» Single-Family (Detached) Building Typology*

» Mixed-Use Building Typology

» Multi-Family Typology

» Office Building Typology

* (See Development Regulations for Single-Family (detached) Building typology in Village Residential District (1121.10, Design Review does not apply)

SINGLE-FAMILY (ATTACHED) BUILDING TYPOLOGY

The Single-Family (attached) Building Typology allows for increased density in the HMD and provides a live-work opportunity for employees of the healthcare businesses and services that predominate in the district.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

Maximum continuous frontage of 200 feet for attached units. 20 feet minimum spacing between any grouping of attached units.

MIXED-USE BUILDING TYPOLOGY

The mixed-use development typology within the HMD promotes a greater variety of uses within the district to complement the existing medical institution and office uses.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

HMD SINGLE-FAMILY (ATTACHED)

HMD MIXED-USE

MULTI-FAMILY BUILDING TYPOLOGY

The Multi-Family Building Typology in the HMD allows for the introduction of new residents to the district and presents a live-work opportunity for employees of the existing healthcare development.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

OFFICE BUILDING TYPOLOGY

The office building development typology within the HMD allows for the development of complementary businesses uses to the existing healthcare development.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

HMD MULTI-FAMILY

HMD OFFICE

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 053-2023, Passed 10-9-2023; Ord. No. 013-2025. Passed 3-24-2025.)

I.

Purpose and Intent

A.

The purpose of the Manufacturing/Innovation District (M/I District) is to serve as the economic engine of the City. This district currently serves as the location for many of Marysville's largest businesses and companies.

II.

Existing Development Patterns

A.

The existing development patterns in the Manufacturing/Innovation District (M/I District) include medium to large-sized manufacturing facilities and warehouses providing users with proximity to freeways and rail lines.

III.

Desired Development Pattern

A.

The desired development pattern in the M/I District is to continue the development of manufacturing and warehouse facilities with an emphasis on proximity to fiber optic and rail lines. Additionally, certain retail, commercial and office uses are appropriate within the M/I District when located in accessible nodes.

IV.

Development Typologies

A.

Buildings in the Manufacturing/Innovation District shall be developed in accordance with the following development typologies:

» Manufacturing Building Typology

» Office/Warehouse Flex Building Typology

» Office Building Typology

MANUFACTURING BUILDING TYPOLOGY

The industrial building typology is the standard development form within the M/I District. This development typology allows manufacturing and industrial uses to function according to their business needs.

Supplemental Regulations:
* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

OFFICE/WAREHOUSE FLEX BUILDING TYPOLOGY

The Office/Warehouse Flex typology may be located along an industrial drive or an interior commercial street. This typology provides the ability to combine office space and storage/loading areas for industrial, distribution or related principal uses.

Supplemental Regulations:
* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

M/I MANUFACTURING

M/I OFFICE/WAREHOUSE FLEX

OFFICE BUILDING TYPOLOGY

The Office Typology in the Manufacturing/Innovation District allows for the development of office uses in close proximity to industrial development.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

M/I OFFICE

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 013-2025. Passed 3-24-2025; Ord. No. 014-2025. Passed 4-14-2025; Ord. No. 052-2024. Passed 11-25-2024.)

I.

Purpose and Intent

A.

The purpose of the Light Manufacturing District (LMD) is to allow for the development of light manufacturing and related uses in proximity to adjacent residential development.

II.

Existing Development Patterns

A.

The existing development pattern of the LMD is undeveloped industrial land that is located in close proximity to Marysville's primary industrial corridor.

III.

Desired Development Pattern

A.

The desired development pattern for the LMD is lower impact industrial and office developments that are developed with recognition of nearby established residential developments.

IV.

Development Typologies

A.

Buildings in the Light Manufacturing District shall be developed in accordance with the following development typologies.

» Manufacturing Building Typology

» Office/Warehouse Flex Building Typology

MANUFACTURING BUILDING TYPOLOGY

The Industrial Building Typology in the LMD allows for light manufacturing and similar development that relates to adjacent residential development.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

OFFICE/WAREHOUSE FLEX BUILDING TYPOLOGY

The Office/Warehouse Flex Building Typology allows for the introduction of office users in the LMD at a scale that relates to adjacent or nearby residential development.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

LMD INDUSTRIAL

LMD OFFICE/WAREHOUSE FLEX

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 054-2023, Passed 10-9-2023; Ord. No. 013-2025. Passed 3-24-2025; Ord. No. 052-2024. Passed 11-25-2024.)

I.

Purpose and Intent

A.

The Regional Mixed-Use District (the "RMU District") is intended to regulate the development of the land located at and around the intersection of U.S. Route 33 in Marysville.

II.

Existing Development Patterns

A.

The existing development pattern in the RMU consists of retail uses located on large lots with surface parking. Existing residential development is present in select areas of the district in the form of high density multi-family development and senior-housing.

III.

Desired Development Pattern

A.

The desired development pattern in the RMU consists of more varied forms of commercial development that reflect the changing retail environment, including retail development with a smaller footprint. Mixed-use development with a residential component is encouraged and all new development should promote pedestrian-oriented design and connectivity.

IV.

Development Typologies

A.

Buildings in the Regional Mixed-Use District shall be developed in accordance with the following development typologies.

» Commercial Building Typology

» Mixed-Use Building Typology

» Office Building Typology

» Multi-Family Building Typology

COMMERCIAL BUILDING TYPOLOGY

The Commercial Building Typology in the RMU supports the continuation of the traditional form of development in the district while allowing for flexibility and more intention pedestrian-oriented design that promotes connectivity between development sites.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

OFFICE BUILDING TYPOLOGY

The Office Building Development Typology within the RMU allows for the introduction of an employment-base to utilize the existing retail and restaurant uses while generally promoting economic development in the City.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

RMU COMMERCIAL

RMU OFFICE

MIXED-USE BUILDING TYPOLOGY

The Mixed-Use Building Typology in the RMU promotes the introduction of residential uses into the district.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

MULTI-FAMILY BUILDING TYPOLOGY

The Multi-Family Building Typology within the RMU promotes the introduction of residential uses to the RMU to support the existing retail development and present a live-work option for employees of office development.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

RMU MIXED-USE

RMU MULTI-FAMILY

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 055-2023, Passed 10-9-2023; Ord. No. 060-2024, Passed 12-2-2024; Ord. No. 005-2025. Passed 2-24-2025; Ord. No. 013-2025. Passed 3-24-2025.)

I.

Purpose and Intent

A.

The Government Institutional District (GOV) regulates all land that is designated for use by a government, quasi-governmental entity or other similar organization.

II.

Existing Development Patterns

A.

The existing development pattern in the GOV District includes a variety of government and institutional uses that serve adjacent residential development. The GOV District also includes more intensive institutional land uses such as airports and fairgrounds.

III.

Development Typologies

New development in the Government/Institutional District requires site plan review and approval by the Design Review Board in accordance with the applicable standards under Chapter 1133 for the proposed development typology.

(Ord. No. 049-2022, Passed 8-22-22.)

I.

Purpose and Intent

A.

The Open Space District (OSD) is intended to consist of passive and active greenspaces and recreational opportunities throughout the City, either in close proximity to residential development or easily accessible via pedestrian-oriented transit options.

II.

Desired Development Pattern

A.

The existing development patterns in the OSD consist of either undeveloped greenspace or existing recreational uses situated in proximity to residential development.

IV.

Development Typologies

A.

New development in the Open Space District requires site plan review and approval by the Design Review Board in accordance with the standards applicable to the proposed development form under Chapter 1133.

I.

Purpose and Intent

A.

The purpose of this walkable district is to maintain and protect the character and charm of the commercial core within the Historic Uptown Marysville Design Review District.

II.

Existing Development Pattern

A.

The existing development pattern in this district is varied commercial and residential development with high character, quality and charm reflected in the existing architecture.

III.

Desired Development Pattern

A.

This district is positioned for historic preservation as well as new growth and redevelopment for uses such as retail, personal services, office, restaurants, and housing. New development shall compliment and/or maintain the historic architecture and urban form while also promoting walkability.

IV.

Development Typologies

A.

All new development and substantial modifications to existing structures in the Uptown Commercial District shall require review and approval by the Design Review Board in accordance with Chapter 1133.

UPTOWN COMMERCIAL DEVELOPMENT STANDARDS

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

UC

(Ord. No. 017-2023, Passed 4-24-23; Ord. No. 018-2023, Passed 4-24-2023; Ord. No. 013-2025. Passed 3-24-2025.)

I.

Purpose and Intent

A.

The purpose of the Uptown Single-Family District (USF) is to create a pedestrian-oriented, walkable district that maintains and promotes the character of single-family dwellings present throughout the Historic Uptown Marysville Design Review District.

II.

Existing Development Patterns

A.

The existing development patterns and standards vary throughout the USF. The district regulations reflect these varied patterns and standards to promote and compliment the character, quality and charm of the existing dwellings.

III.

Desire Development Pattern

A.

New development within this district should promote walkability and connectivity to the Uptown Commercial District and the Uptown Transitional District. New structures should reflect the character, quality and charm of existing residences within the district.

IV.

Development Typologies

New development in the USF shall be developed in accordance with the following development typologies.

UPTOWN SINGLE-FAMILY DEVELOPMENT STANDARDS

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

USF SINGLE-FAMILY DETACHED

USF SINGLE-FAMILY ATTACHED

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 013-2025. Passed 3-24-2025.)

I.

Purpose and Intent

A.

The purpose of this walkable district is to maintain and protect existing single family housing structures while permitting small businesses to operate out of a single family home structure in the Historic Uptown Marysville Design Review District.

II.

Existing Development Pattern

A.

The existing development patterns in this district is varied commercial and residential development with high character, quality and charm reflected in the existing architecture.

III.

Desired Development Pattern

A.

New construction adjacent to existing single-family homes shall maintain the residential character, scale and charm of the historic homes within the district. Governmental buildings, churches and/or commercial buildings located in the district shall compliment the historic single-family housing architecture and promote walkability.

IV.

Development Typologies

A.

All new development and substantial modifications to existing structures in the Uptown Transitional District shall require review and approval by the Design Review Board in accordance with Chapter 1133.

UPTOWN TRANSITIONAL DEVELOPMENT STANDARDS

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

UT SINGLE-FAMILY DETACHED

UT SINGLE-FAMILY ATTACHED

(Ord. No. 017-2023, Passed 4-24-23; Ord. No. 019-2023, Passed 4-24-2023; Ord. No. 013-2025. Passed 3-24-2025.)

I.

Purpose and Intent

A.

The Manufacturing/Innovation Overlay (M/I-O) regulates land that is intended to be utilized for lower intensity manufacturing uses subject to development protections for existing residential development adjacent to this overlay.

II.

Existing Development Pattern

A.

The existing development pattern of the M/I-O includes light manufacturing campuses with principal manufacturing structures and Accessory Structures that support manufacturing processes.

III.

Desired Development Pattern

A.

The desired development pattern for the M/I-O includes the location of light manufacturing, research and development and related fields incorporated in lower intensity developments.

IV.

Development Typologies

A.

Buildings in the Manufacturing/Innovation Overlay shall be developed in accordance with the following development typologies.

» All typologies permitted in the underlying zoning district

» Manufacturing Building Typology

» Office/Warehouse Flex Building Typology

MANUFACTURING BUILDING TYPOLOGY

The Industrial Building Typology in the M/I-O allows for light manufacturing and similar development that relates to adjacent residential development.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

OFFICE/WAREHOUSE FLEX BUILDING TYPOLOGY

The Office/Warehouse Flex Building Typology allows for the introduction of office users in the M/I-O at a scale that relates to adjacent or nearby residential development.

Supplemental Regulations:

* Determination of the setback line starting point, as it relates to the right-of-way line, lot line or easement line, shall be at the discretion of the Division of Engineering.

M/I-O MANUFACTURING

M/I-O OFFICE/WAREHOUSE FLEX

(Ord. No. 017-2023, Passed 4-24-2023; Ord. No. 013-2025. Passed 3-24-2025.)

The purpose of generally applicable district regulations is to set specific conditions for various uses, classification of uses or areas where problems are frequently encountered.

(Ord. No. 054-2020, Passed 11-23-2020.)

A single-family detached structure may be converted to accommodate an increased number of dwelling units provided:

(a)

The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;

(b)

The density of the new development meets the density requirements for new structures in that district;

(c)

The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and

(d)

The conversion is in compliance with all other applicable codes, regulations ordinances and laws.

(Ord. No. 054-2020, Passed 11-23-2020.)

No private residential swimming pool shall be allowed in any district, except as an accessory use and unless it complies with the following conditions and requirements:

(a)

The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located;

(b)

It may not be located closer than ten (10) feet to any property line or easement line;

(c)

The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties.

Such fence or wall shall not be less than four (4) feet in height, maintained in good condition with a gate and lock, and meet the barrier requirements as established in the swimming pools, spas and hot tub appendix of the Ohio Residential Code.

(d)

Swimming pools must be located at the rear yard of a principal structure and if a comer lot, shall not be closer to the street line than the principal structure.

(Ord. No. 054-2020, Passed 11-23-2020.)

Community and club swimming pools are permitted in any commercial or residential district, but shall comply with the following conditions and requirements:

(a)

The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated;

(b)

The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than fifty feet to any property line or easement line; and

(c)

The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the thoroughfare or adjacent properties. Such fence or wall shall not be less than six (6) feet in height, maintained in good condition, and meet the barrier requirements as established in the Ohio Building Code.

(Ord. No. 054-2020, Passed 11-23-2020.)

(a)

Temporary buildings, construction trailers, equipment and material used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the Division of Engineering.

(b)

Portable Storage Containers that are loaded with materials and placed on a residential property for the purpose of temporarily storing materials are permitted with the following regulations:

(1)

Portable Storage Containers shall not be located on any parcel for a period exceeding fourteen days from date of delivery. At the end of fourteen days, an extension for a maximum fourteen additional days may be granted by the Division of Engineering based on just cause.

(2)

Portable Storage Containers shall not be located on any parcel for a period exceed twenty-eight (28) days per calendar year.

(3)

Portable Storage Containers shall be kept in the driveway of the property at the furthest accessible point from the street. The location of the Portable Storage Container on a driveway shall not obstruct visibility nor block the sidewalk. If no driveway is present, approval from City departments for the placement of the Portable Storage Container prior to its delivery is required.

(4)

Only one (1) Portable Storage Container shall be placed at any residential property at one time.

(5)

Penalties shall be applied to the container owner, lessor and lessee per Section 1149.99.

(Ord. No. 054-2020, Passed 11-23-2020.)

(a)

Purpose. The City of Marysville density bonus program is applicable to all forms of single-family (attached), multi-family, and mixed-use development as provided in Chapter 1121 of this Planning and Zoning Ordinance. The density bonus program is intended to accommodate additional density beyond the as of right densities set forth in the applicable zoning regulations for the subject property.

(b)

Specific Objectives. The following objectives shall be met to promote a high-quality development that enhances the visual character, functionality and the overall community:

(1)

Promote harmonious development: Ensure new development integrates seamlessly with existing neighborhood character and natural features.

(2)

Enhance public realm: Create attractive, safe, and accessible public and semi-public spaces.

(3)

Improve pedestrian and vehicular circulation: Foster efficient and safe movement for all modes of transportation.

(4)

Encourage environmental awareness: Support sustainable practices and conservation of existing natural features.

(5)

Foster community identity: Reinforce the unique identity and sense of place within the municipality.

(c)

Procedure. To receive a density bonus for any development, the developer shall file an application to the Planning Commission for review. The Planning Commission shall hear all applications for density bonuses and determine whether each application should be approved or denied based upon the evidence presented in the application and at the hearing at which the proposed Plan bonus is considered.

(d)

Eligible Building Typologies. As provided in Chapter 1121 of this Planning and Zoning Ordinance, the residential and mixed-use building typologies are eligible for the density bonus program as described under Table 1123A.

(e)

Development Plan Review. Any project considered for a density bonus under the provisions of this subchapter shall also be further considered by the Design Review Board in accordance with Chapter 1133. The approval of any density bonus under this subchapter shall be conditional upon such approval by the Design Review Board.

(f)

Development Requirements for Density-Bonus. In order to qualify for a density bonus, an applicant must demonstrate compliance with the applicable requirements for the corresponding density bonus level for which the applicant has applied. The requirements are set forth in the Design Criteria within this section and Table 1123A.

(g)

Design Criteria. Before granting the density bonus application, the Planning Commission shall find that the information submitted with the application establishes all of the following:

(1)

The design shall respond to the unique characteristics of the site and its surroundings, including topography, natural features, adjacent land uses, and architectural styles.

(2)

The development shall exhibit a high degree of aesthetic quality, contributing to the visual environment through thoughtful massing, materials, colors, and landscaping.

(3)

The design shall incorporate sustainable practices, including but not limited to, stormwater management, energy efficiency, and native landscaping.

(4)

Setbacks can be utilized to accommodate landscaping, and provide appropriate transitions between public and private realms and adjacent land uses. Variations in setbacks may be encouraged to create visual interest and respond to site conditions.

(5)

The development shall feature diverse architectural facades to encourage visual interest and unique neighborhood character.

(6)

The development shall provide adequate and appropriately designed common open space that is publicly accessible, usable, and integrated into the overall site design. Pedestrian connectivity is encouraged between adjacent properties and community facilities.

(7)

Driveway access points shall be minimized and consolidated where possible to reduce conflicts with pedestrian and vehicular traffic.

(h)

Adaptive Reuse Density-Bonus. Development projects incorporating the redevelopment and conversion of an existing nonresidential principal use within a building to a residential or mixed-use project are eligible for a density bonus subject to the following conditions:

(1)

The last use of the building prior to the redevelopment project shall have been any nonresidential use and the proposed redevelopment project shall either be a mixed-use project or a residential project;

(2)

Redevelopment projects that incorporate only a residential component shall be eligible for a density bonus of an additional two (2) units per gross acre above the maximum density otherwise permitted in the underlying zoning district;

(3)

Redevelopment projects that incorporate a nonresidential component on any portion of the subject property, including out-lots shall be eligible for a density bonus of an additional four (4) units per gross acre above the maximum density otherwise permitted in the underlying zoning district for any residential component of the underlying redevelopment project; and

(4)

Redevelopment projects that qualify for this adaptive reuse density bonus may proceed under any other density bonus provision under the Zoning Code.

(i)

Blighted Property Density Bonus. Development projects incorporating the redevelopment of a "blighted property" are eligible for a density bonus subject to the conditions set forth below:

(1)

For the purposes of this subsection (i), "blighted property" shall mean either (A) a property with a structure that is dilapidated, unsanitary, unsafe, or vermin infested that because of its condition has been designated by the Division of Engineering as unfit for human habitation or use; or (B) a property that poses a direct threat to public health or safety in its present condition by reason of environmentally hazardous conditions, solid waste pollution, or contamination;

(2)

Redevelopment projects that incorporate only a residential component shall be eligible for a density bonus of an additional two (2) units per gross acre above the maximum density otherwise permitted in the underlying zoning district;

(3)

Redevelopment projects that incorporate a nonresidential component on any portion of the subject property, including out-lots shall be eligible for a density bonus of an additional four (4) units per gross acre above the maximum density otherwise permitted in the underlying zoning district for any residential component of the underlying redevelopment project; and

(4)

Redevelopment projects that qualify for this adaptive reuse density bonus may proceed under any other density bonus provision under the Zoning Code.

TABLE 1123A

(Ord. No. 054-2020, Passed 11-23-2020; Ord. No. 020-2023, Passed 4-24-2023; Ord. No. 033-2025, Passed 9-22-2025.)

(a)

All commercial, industrial, and multi-family residential uses that provide trash and/or garbage collection areas shall be enclosed on four (4) sides by a solid wall or fence with a gate a minimum of four (4) feet in height or one (1) foot higher than the receptacles therein if such area is not within an enclosed building or structure.

(b)

Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Division of Engineering shall be required.

(Ord. No. 054-2020, Passed 11-23-2020.)

In addition to all yard regulations specified in Chapter 1121 and in other sections of this Planning and Zoning Ordinance, the provisions of Sections 1123.09 through 1123.14 shall be used for interpretation and clarification.

(Ord. No. 054-2020, Passed 11-23-2020.)

On a corner lot the principal building and its accessory structure shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.

(Ord. No. 054-2020, Passed 11-23-2020.)

On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2.5) feet and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along such street lines fifty feet from the point of intersection.

(Ord. No. 054-2020, Passed 11-23-2020.)

Multi-family dwellings arranged in two or more buildings shall be considered one (1) building for the purpose of determining front, side and rear yard requirements. Multiple buildings with multi-family dwelling units shall require one (1) front, one (1) rear and two (2) side yards as specified for dwellings in the appropriate district.

(Ord. No. 054-2020, Passed 11-23-2020.)

Nonresidential buildings or uses shall not be located nor conducted closer than ten (10) feet to any lot line of a residential district; provided however, the regulations of any zoning district or overlay may require such additional distance between uses as so required for the co-existence of nonresidential and residential buildings and uses.

(Ord. No. 054-2020, Passed 11-23-2020.)

Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard with the exception of canopies, awnings and balconies.

(Ord. No. 054-2020, Passed 11-23-2020.)

The height limitations contained in Chapter 1121 do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at the airport.

(Ord. No. 054-2020, Passed 11-23-2020.)

(a)

Compliance Required. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements"); provided that any use permitted or not expressly prohibited by this Planning and Zoning Ordinance may be undertaken and maintained if it conforms to the regulations of this subchapter limiting dangerous and objectionable elements at the point of the determination of their existence.

(b)

Existing Uses. Any use authorized under the provisions of this Section 1123.15 shall comply continually therewith and shall remedy any dangerous or objectionable elements which may develop in the course of its operation.

(1)

Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements as defined in Section 1123.17, the City Engineer shall be responsible for conducting an investigation of the allegation. The City Engineer may employ a competent specialist, outside laboratory, or obtain use of whatever equipment is needed for the purpose of determining the nature and extent of such dangerous or objectionable elements and a practical means of remedying such condition.

(2)

Upon completion of the investigation and receipt of recommendation of such outside specialists or laboratory as used, and if a violation is found, the City Engineer may determine the measures, to the extent practical, that should be taken to correct the violation. To the extent a violation is found, the City Engineer shall so advise the Division of Engineering who shall proceed with the enforcement of such measures in accordance with the provision of Section 1123.01. Appeals from decisions of the City Engineer, if made, shall follow the procedures set forth in Section 1123.09.

(3)

The City shall bear the costs of the various tests, consultant fees or other investigations which are required herein. in the event that operation or use of such property is found to be in violation of the provisions of this subchapter by the City Engineer, the Board of Zoning Appeals, or by a court of competent jurisdiction, the owner of the use under investigation shall reimburse the City for all such expenses. Such reimbursement shall be made within thirty (30) days from the date of the final Board ruling or court judgment.

(c)

New Uses. The applicant for new uses shall bear the actual costs of all tests and investigations required to establish compliance or ability to comply and shall be in addition to the usual zoning and other City permit fees.

(Ord. No. 054-2020, Passed 11-23-2020.)

The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent (herein referred to as "at any point"); provided, however, that the measurements necessary for enforcement of performance standards set forth in this subchapter shall be taken at different points in different districts in relation to the establishment or use creating the element being measured (herein referred to as "point of measurement") as follows:

(a)

M/I District, M/I Overlay and Light Manufacturing District. At the boundary or boundaries of the district, or at any point within an adjacent district or overlay.

(b)

All Other Districts and Overlays. Twenty-five (25) feet from the establishment or use, or at the lot line of the use if closer to the establishment or use.

(Ord. No. 054-2020, Passed 11-23-2020.)

The relevant provisions of federal, state and local law and regulations apply to this section. In addition, the following provisions, standards and specifications shall apply to the districts set forth below:

(a)

Fire and Explosion Hazards. In the M/I District, M/I Overlay and Light Manufacturing District, all activities involving, and all storage of, flammable and explosive materials shall be provided at any point with adequate safety devices plans and procedures against the hazard of fire and explosion and adequate fire-fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fire shall be prohibited at any point.

(b)

Radioactivity or Electric Disturbance. In the M/I District, M/I Overlay and Light Manufacturing District, anyone using equipment, materials or in any way handling radioactive materials shall be licensed by the NRC as required by the NRC. No activities shall be permitted which emit dangerous radioactivity at any point. Electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance are also prohibited.

(c)

Noise. At the point of measurement specified in Section 1123.16 the sound pressure level of noise radiated from a facility at night time shall not exceed the values set forth in the table below:

(d)

Vibration. In any district or overlay, no vibration shall be permitted which is discernible without instruments at the points of measurement specified in Section 1123.16.

(e)

Smoke. In all districts and overlays, no emission shall be permitted at any point, from any chimney or otherwise, or visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyrighted 1954 (being a direct facsimile reduction of the standard Ringlemann Chart as issued by the United States Bureau of Mines), except that visible gray smoke of a shade equal to No. 2 on such Chart may be emitted for four (4) minutes in any thirty minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparently equivalent capacity.

(f)

Odor. In all districts and overlays, no emission shall be permitted of odorous gases or other odorous matter in such quantities as to be offensive at the point of measurement specified in Section 1123.16. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such qualities of offensive odors Table III, "Odor Thresholds," in Chapter 5, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemist Assn., Inc., Washington, D.C.

(g)

Dust, Fly Ash, Fumes, Vapors, Gases, and Other Forms of Air Pollution. In all districts and overlays, no emission shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling, at any point; and in no event any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grains per cu. ft. of the conveying gas at any point. For measurement of the number of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and fifty percent (50%) excess air.

(h)

Glare. In all districts and overlays, no direct or sky-reflected glare, whether from flood lights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in Section 1123.16. This restriction shall not apply to signs otherwise permitted by the provisions of the Planning and Zoning Ordinance.

(i)

Liquid or Solid Wastes. In all districts and overlays, no discharge at any point into any public sewer, private sewage disposal system, stream, or into the ground, except in accord with standards approved by the Department of Health of the State of Ohio and by the Superintendent of the Waste Water Treatment Plant (see Chapter 921-Codified Ordinances of Marysville, Ohio) and by the Ohio Environmental Protection Agency or standards equivalent to those approved by such department for similar uses, of any materials of such nature or temperature as can contaminate any water supply or Otherwise cause the emission of dangerous or offensive elements.

(j)

Hazardous or Toxic Materials. In all districts and overlays, all activities involving, and all storage of hazardous or toxic materials shall be provided with at any point, adequate safety devices, plans and procedures to protect against injury to persons on the premises using or storing such materials or to persons in other districts or on neighboring property.

(k)

Erosion. In all districts and overlays, no erosion, by wind, water or other means, shall be permitted which will carry objectionable substances or inflict damage onto neighboring property.

(l)

Manufacturing Uses Abutting Residential Districts. Uses permitted, conditional or non-conforming in the M/I District, LMD, or M/I Overlay, shall not be located or conducted closer than 100 feet to any lot line of a residential district except that the minimum yard requirements contained in the regulations for the applicable building typology may be utilized if acceptable landscaping, fencing or other screening approved by the Division of Engineering is provided.

(Ord. No. 054-2020, Passed 11-23-2020.)

(a)

Proof of Compliance. The Division of Engineering or Board of Zoning Appeals, prior to the issuance of a Zoning Permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

(b)

The Division of Engineering or Board of Zoning Appeals may also establish a reporting requirement of at least annually, requiring the applicant to show results of eliminating or reducing dangerous or objectionable elements to acceptable limits and tolerances.

(Ord. No. 054-2020, Passed 11-23-2020.)

(a)

Enclosed Accessory Structures in SRD, VRD, and NCD Zoning Districts.

(i)

Design Standards. An enclosed accessory structure shall have an exterior which meets these standards and is compatible in appearance to the principal residential structure on the parcel or lot. Compatibility shall be determined based upon the following criteria: exterior building materials, color, architecture, roof style, and siding.

(ii)

Maximum Number of Enclosed Accessory Structures and Maximum Square Feet of All Enclosed Accessory Structures. Up to two (2) of the below-listed enclosed accessory structures may be located on property in the Suburban Residential District (SRD), Village Residential District (VRD), and Neighborhood Commercial District (NCD) in accordance with the provisions set forth hereunder. Under no circumstances shall the combined square footage of the accessory structures located in accordance with this section exceed 1,000 square feet.

(iii)

Detached Garage. As permitted under the regulations for the base zoning district of the subject property, one (1) of the permitted enclosed accessory structures located in accordance with this section may be a detached garage, not exceeding 750 square feet in floor area or fifteen feet in height and otherwise complying with the applicable regulations under the base zoning district of the subject property.

(iv)

Other Enclosed Accessory Structures. One (1) of the permitted enclosed accessory structures under this section may be any enclosed accessory structure permitted under the applicable regulations for the base zoning district of the subject property, not exceeding 250 square feet in floor area or fifteen feet in height and otherwise complying with the applicable regulations under the base zoning district of the subject property.

(b)

Enclosed Accessory Structures in ARD Zoning District.

(i)

Design Standards. An enclosed accessory structure shall have an exterior which meets these standards and is compatible in appearance to the principal residential structure on the parcel or lot. Compatibility shall be determined based upon the following criteria: exterior building materials, color, architecture, roof style, and siding.

(ii)

Maximum Number of Enclosed Accessory Structures and Maximum Square Feet of All Enclosed Accessory Structures. Up to two (2) enclosed accessory structures may be located on property located in the Agricultural Residential District (ARD) in accordance with the provisions set forth hereunder. Under no circumstances shall the combined square footage of the enclosed accessory structures located in accordance with this section exceed 2,400 square feet.

(iii)

Detached Garage. As permitted under the regulations for the base zoning district of the subject property, one (1) of the permitted enclosed accessory structures located in accordance with this section may be a detached garage not exceeding 1,200 square feet in floor area or twenty feet in height and otherwise complying with the applicable regulations for the ARD zoning district.

(iv)

Other Enclosed Accessory Structures. One (1) of the permitted enclosed accessory structures located in accordance with this section may be any enclosed accessory structure permitted under the regulations for the Agricultural Residential District (ARD), not exceeding 1,200 square feet in floor area or twenty feet in height and otherwise complying with the application regulations for the ARD zoning district.

(c)

Administrative Adjustment. Notwithstanding anything to the contrary in this Zoning Code, when an applicant seeks approval to construct an enclosed accessory structure or enclosed accessory structures that would otherwise exceed the maximum floor area permitted hereunder by up to 50%, the Division of Engineering is authorized to review such request in accordance with the provisions set forth under Section 1141.15 and impose any supplementary conditions in accordance with Section 1141.17 of this Zoning Code. If upon review of the application for an enclosed accessory structure the Division of Engineering determines that such application satisfies the applicable conditions, the Division of Engineering shall grant an administrative adjustment to permit the construction of the accessory structure or accessory structures in accordance with this Zoning Code and the terms and conditions of the administrative adjustment; provided however, the Division of Engineering may refer any request for an administrative adjustment to the Board of Zoning Appeals for consideration by the BZA in accordance with Section 1141.15 of this Zoning Code.

(d)

Accessory Dwelling Units (ADUs) in SRD, VRD, ARD, UT and USF. Accessory dwelling units must be located, developed and operated in compliance with the following development standards:

i.

All ADUs shall require a Conditional Use Permit through an application to the Planning Commission.

ii.

Planned Unit Developments (PUDs). No Accessory Dwelling Units shall be located within a Planned Unit Development unless the use is listed as an accessory use within the PUD. Any amendments to modify the permitted accessory uses to an existing PUD shall follow the City's PUD amendment process.

iii.

Design Standards. An accessory dwelling unit shall have an exterior which meets these standards and is compatible in appearance to the principal residential building on the parcel. Compatibility shall be determined based upon the following criteria: exterior building materials, color, architecture, roof style, and siding.

iv.

Location. Accessory Dwelling Units shall be located in compliance with the following standards:

1.

Attached. Constructed as an addition to either the side or rear of the principal residential building with a separate egress.

2.

Detached. Constructed as an entirely separate structure than the principal residential building located on the side or rear of the principal residential building.

Setbacks: Refer to the principal structure regulations in the typology chart of the corresponding zoning district.

v.

Maximum Number of Accessory Dwelling Units per Parcel. Not more than one (1) Accessory Dwelling Unit shall be constructed per parcel.

vi.

Size.

1.

Shall not exceed more than eight hundred fifty (850) square feet of living space.

2.

Detached. Shall not exceed more than nine hundred fifty (950) square feet of living space or not to exceed the principal structure floor area, whichever is less.

vii.

Height. Accessory Dwelling Units shall comply with the following height requirements:

1.

Attached. Shall be subject to the principal structure height requirements under the typology chart of the corresponding zoning district, or the height of the principal structure, whichever is less.

2.

Detached. Shall not exceed thirty (30) feet in height, or the height of the principal structure, whichever is less.

viii.

Garage Conversion. A garage may be converted to an ADU if:

1.

Enclosed parking is maintained within the garage being converted, or

2.

Enclosed parking is provided as an addition to the conversion.

ix.

Parking Requirements. A minimum of one (1) additional off-street parking space is required for each accessory dwelling structure on a parcel.

x.

Review Process. Following approval from the Planning Commission for a conditional use permit, applicants shall apply to the Design Review Board for approval.

Accessory Dwelling Unit Examples

(Ord. No. 054-2020, Passed 11-23-2020; Ord. No. 003-2023, Passed 2-13-2023; Ord. No. 009-2025. Passed 3-10-2025.)

(a)

Fences or walls shall not be installed prior to obtaining a zoning permit. Applications for such a permit shall include plans or drawings to be at minimum 8½" x 11" in size and not to exceed 11" x 17" in size, showing the actual and accurate shape and dimensions of the property on which the fence or wall is to be erected; the exact height, location, length, type of material, type of construction of such proposed fence or wall; the location of all structures on the lot; location and width of easements or no build zones; or any other information deemed necessary by the Division of Engineering.

(b)

Approved fence and wall materials include those materials set forth for the applicable building typology under the district regulations. Synthetic products or other material as approved by the Division of Engineering may also be used. The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the yard being fenced; All of the framing or support members shall face inward of the yard being fenced. Fences and walls shall be maintained in good repair, be structurally sound, and be attractively finished at all times by the owners and/or occupant of the lot on which they are located as well as the space between such fence and the lot line of any adjoining property. Hedges or other landscape material must be kept trimmed to or below the maximum allowed height and trimmed back to the inner edge of the public sidewalk area or property line.

(c)

The following are specifics to the type of fencing installed.

(1)

Commercial fences may be erected as follows:

A.

Prohibited materials. No barbed wire, razor barb or electrically charged fence shall be erected, except in the M/I District, M/I Overlay, or ARD.

B.

Height. The maximum height of front yard, rear yard and side yard fences shall be equal to the dimension provided for the applicable building typology under the base zoning regulations.

C.

Location. Fences may be placed on the side or rear property line or easement line, but may not be placed closer to the street than the front of the main building.

(2)

Residential fence may be erected as follows:

A.

Prohibited material. Except as otherwise provided in the regulations for the applicable building typology, residential fences may be constructed of any material except barbed wire, razor barb, woven or chain-link.

B.

Height. Side Yard and Rear Yard fences on single-family (attached) structures and single-family (detached) structures may be erected to a maximum height of six (6) feet, provided however such fences shall be eligible for a variance to increase the maximum height to eight (8) feet. Front yard fences shall be a maximum of three (3) feet, and shall not be sight obscuring. For corner lots, when decorative fences are constructed, the maximum height shall be two feet, six (2'6") inches above the grade.

C.

Location. Residential fences may be placed on the front, side or rear property line or easement line and may not be placed closer to the street or road than the street or road right-of-way line.

D.

Opacity. Fences located in the front yard of residential properties shall have a maximum opacity of fifty percent (50%).

(Ord. No. 054-2020, Passed 11-23-2020.)