For the purpose of this Zoning Ordinance, the city is hereby divided into categories or zoning districts designated as follows:

 

(Ord. 98-104, passed 9-14-1998)

   The several zoning districts and boundaries thereof are hereby adopted and established as shown on the Zoning Map of the city (latest revision) which Map, together with all notations, references, data, district boundaries and other information shown thereon, is hereby made a part of this Zoning Ordinance. The Zoning Map, properly attested, shall remain on file in the office of the City Engineer.

(Ord. 98-104, passed 9-14-1998)

   Except where referenced on the Zoning Map to a street or alley line or other designated line by dimensions shown on the Map, the district boundary lines follow lot lines or the center lines of streets or alleys as they existed at the time of adoption of this Zoning Ordinance. But where a district line obviously does not coincide with the lot lines as such, or center lines of streets or alleys, or where it is not designated by dimensions, it shall be deemed to be 150 feet back from the nearest street line parallel to which it is drawn.

(Ord. 98-104, passed 9-14-1998)

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

(Ord. 98-104, passed 9-14-1998)

   All questions concerning the exact location of district boundary lines, or the meaning and intent of textual provisions of this Zoning Ordinance, shall be determined by the Zoning Board of Appeals according to rules and regulations which may be adopted by it.

(Ord. 98-104, passed 9-14-1998)

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

(Ord. 98-104, passed 9-14-1998)

   (a)   In every case where property within the city has not been specifically included within a district, the same is hereby declared to be in the R-1 Single-Family Residential District. In every case where property annexed to the city has not been previously zoned in the township or county, the property shall, upon annexation to the city, be zoned R-1 Single-Family Residential District upon the effective date of the annexation.

   (b)   Where property is zoned in the township or county and the property is annexed to the city, the zoning regulations then in effect in the township shall remain in full force and shall be enforced by the township officials until the legislative authority of the city shall either officially adopt the existing township or county zoning regulations that apply to the property or adopt new zoning regulations for the property under the city’s Zoning Code. Should the city choose to adopt the existing township zoning regulations for the property being annexed, the zoning regulations will be enforced by the city.

   (c)   A property owner who has executed a properly filed petition for annexation may, following approval of the annexation petition by the Board of County Commissioners, file with the city an application to rezone the property contemporaneously with the effective date of the annexation. In that case, the property owner by way of application or the city by motion may initiate a zoning change classification to the Planning Commission. The application will follow the normal and ordinary procedural steps established by the city’s Zoning Code. The Planning Commission, upon the request of the city by motion or upon the filing of the application by the property owner or authorized agent of the owner, is authorized prior to the acceptance of the annexation by the city but after receipt of the annexation transcript from the County Commissioners to take all procedural steps necessary, including, but not limited to, providing the appropriate notices, advertising, and holding public hearings, in order to make or be prepared to make its recommendation for the approval, denial or modification of the proposed zoning classification to City Council.

   (d)   City Council shall not take final legislative action on the zoning application of the property owner or on motion of the city to rezone the property prior to the effective date of the ordinance approving the annexation.

(Ord. 2005-133, passed 11-14-2005)

   (a)   Overlay districts are zoning tools used for dealing with unique situations or accomplishing special planning and zoning goals. Overlay districts may be created where the land use regulations and associated development standards of the underlying zoning districts are deemed inadequate to be effective. As the name implies, overlay zoning districts are “overlaid” on top of base zoning districts. The overlay district alters or adds to the zoning requirements of the base zoning district or districts. Overlay districts are shown on the official Zoning Map as dashed lines labeled with the overlay map designation or with the overlay district name. Overlay districts shall be given a two letter designator that follows the designation of the underlying base zoning district. For example, a lot located in the B-1 Central Business District and in the Downtown Overlay District shall have the zoning designation of B1-DO.

   (b)   The following overlay districts are included in the City Zoning Code:

 

 

(Ord. 2005-136, passed 11-28-2005)

   The purpose of the R-1, R-2, R-3 and R-4 Districts is to encourage the orderly development of low to medium density single-family homes and customary supporting facilities, such as schools, churches and golf courses.

(Ord. 98-104, passed 9-14-1998; Ord. 99-48, passed 4-12-1999)

   Land and buildings in the R-1, R-2, R-3 and R-4 Single-Family Districts shall be used only for the following purposes:

   (a)   Dwelling structures. Single-family structures;

   (b)   Agricultural. Any customary agricultural use, building or structure, including nurseries, greenhouses and animal farms, provided any lot or tract in the use shall not be less than ten acres in area and provided that any greenhouse heating plant shall be not less than 100 feet distant from every lot line;

   (c)   Public schools. Public schools offering general educational courses and having no rooms regularly used for housing, provided it occupies a lot of not less than five acres;

   (d)   Private schools. Private schools offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing, provided it occupies a lot of not less than five acres;

   (e)   Parks. Parks, playgrounds and play fields;

   (f)   Residential facilities. Foster homes and family foster homes as defined in R.C. § 2151.011(B), family homes and group homes licensed pursuant to R.C. § 5123.19 and adult family homes and adult group homes licensed pursuant to R.C. § 3722.02;

   (g)   Institutions, public and cultural. Public libraries, churches and other places of worship, Sunday school buildings and parish houses; and

   (h)   Golf courses. Golf courses, including buildings, structures and uses as are necessary for their operation.

(Ord. 98-104, passed 9-14-1998; Ord. 99-48, passed 4-12-1999)

   Accessory uses, building or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established, erected or constructed; provided, that the accessory uses shall not involve the conduct of any business, trade or industry, or any private way or walk giving access to the activity, or any billboard, sign or poster other than authorized herein. Accessory uses may include the following:

   (a)   Gardening, pets and animals. Gardening, hobby greenhouses, the raising of vegetables or fruits and the keeping of household pets, domestic or farm animals exclusively for the use or personal enjoyment of residents of the premises and not for commercial purposes with the exception of produce grown and sold as part of a valid home occupation. Any heating plant and any structure in which fowl, bees or farm animals are kept shall be located at least 100 feet from every lot line;

   (b)   Parking facilities. Garages, carports or other parking spaces for the exclusive use of residents of the premises;

   (c)   Swimming pools. Swimming pools, exclusively for the use of the residents and their guests, and subject to the provisions of the Building Code;

   (d)   Real estate and professional signs. Real estate announcements and professional signs subject to the provisions of § 1171.15 and Chapter 1187 of the codified ordinances;

   (e)   Home occupations and professional offices. See § 1171.15; and

   (f)   Solar units and dish-type satellite signal receiving stations. See § 1171.07(d).

(Ord. 98-104, passed 9-14-1998)

   The following uses shall be allowed in the R-1, R-2, R-3 and R-4 Single-Family Residential District subject to approval in accordance with Chapter 1172:

   (a)   Child day-care centers as regulated by § 1172.04;

   (b)   Convalescent, nursing or rest homes as regulated by § 1172.05; and

   (c)   Home-based barber shops and beauty salons as regulated by § 1172.10.

(Ord. 98-104, passed 9-14-1998; Ord. 99-48, passed 4-12-1999)

 

   (b)   Landscaping. All landscaping shall conform to the Landscape Ordinance.

   (c)   Parking. All driveways in new subdivisions must be paved.

(Ord. 98-104, passed 9-14-1998)

   (d)   Garages. All single-family dwellings shall have a minimum of a one car garage.

(Ord. 99-48, passed 4-12-1999; Ord. 99-132, passed 10-11-1999)

   On corner lots, where lots have frontage on more than one public right-of-way, the required front yard shall be provided on both streets and the remaining lot line(s) shall comply with the side yard requirements.

(Ord. 98-104, passed 9-14-1998)

   Flag lots shall be approved only if all of the following conditions are met:

   (a)   The applicant shall demonstrate that significant natural conditions including topography, natural watercourses or scenic vistas will be preserved with the creation of flag lot(s);

   (b)   No more than 5% of the lots in the subdivision shall be flag lots; and

   (c)   There shall be a minimum of 20 feet of lot width at the street frontage for a flag lot and an additional ten feet of street frontage for each additional adjacent flag lot.

(Ord. 98-104, passed 9-14-1998)

   The purpose of the District is to accommodate existing, higher density residential development by allowing property zoned R-6 to develop at approved densities but under more restrictive standards.

(Ord. 98-104, passed 9-14-1998)

   Land and buildings in the R-6 Residential District shall be used only for the following purposes:

   (a)   Dwelling structures. Single-family structures including condominium and landominium uses;

   (b)   Agricultural. Any customary agricultural use, building or structure, including nurseries, greenhouses and animal farms, provided any lot or tract in the use shall not be less than ten acres in area and provided that any greenhouse heating plant shall be located not less than 150 feet from every lot line;

   (c)   Accessory uses. Accessory buildings and uses in association with permitted dwellings including garages, gardening, pets and animals, parking facilities and swimming pools, club houses, rental offices, real estate and professional signs, and solar units and dish type satellites as regulated in § 1171.07. Home occupations shall be regulated by § 1171.15;

   (d)   Public schools and parks. Public schools offering general educational courses and having no rooms regularly used for housing, parks, playgrounds and play fields;

   (e)   Private schools. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing;

   (f)   Residential facilities. Foster homes and family foster homes as defined in R.C. § 2151.011(B), family homes and group homes licensed pursuant to R.C. § 5123.19 and adult family homes and adult group homes licensed pursuant to R.C. § 3722.02;

   (g)   Institutions, public and cultural. Public libraries, churches and other places of worship, Sunday school buildings and parish houses; and

   (h)   Golf courses. Golf courses, including buildings, structures and uses as are necessary for their operation.

(Ord. 98-104, passed 9-14-1998)

   The following uses shall be allowed in the R-6 Residential District subject to approval in accordance with Chapter 1172:

   (a)   Child day-care centers as regulated by § 1172.04;

   (b)   Convalescent, nursing or rest homes as regulated by § 1172.05;

   (c)   Funeral homes; and

   (d)   Utility stations as regulated by the Landscape Ordinance and operated within a completely enclosed structure.

(Ord. 2004-15, passed 3-8-2004)

   (a)   Generally. The following standards shall apply to listed uses in R-6 Districts:

 

(Ord. 99-132, passed 10-11-1999)

   (b)   Maximum densities. The maximum net density for any residential use in an R-6 District shall be six units per acre. Net density shall exclude any public right-of-way.

   (c)   Landscaping. All landscaping shall conform to the Landscape Ordinance.

   (d)   Site planning. All site plans shall comply with the procedures in Chapter 1135.

   (e)   Parking. All parking shall be provided as required in Chapter 1175. At least one off-street parking space located within a fully enclosed attached structure and at least one unenclosed surface parking space shall be provided for each unit.

   (f)   Setback. Any multi-family structure in the R-6 District shall be at least 75 feet from any single-family district.

(Ord. 98-104, passed 9-14-1998)

   On corner lots, where lots have frontage on more than one public right-of-way, the required front yard shall be provided on both streets and the remaining lot line(s) shall comply with the side yard requirements.

(Ord. 98-104, passed 9-14-1998)

   Flag lots shall be approved only if all of the following conditions are met:

   (a)   The applicant shall demonstrate that significant natural conditions including topography, natural watercourses or scenic vistas will be preserved with the creation of flag lot(s);

   (b)   No more than 5% of the lots in the subdivision shall be flag lots; and

   (c)   There shall be a minimum of 20 feet of lot width at the street frontage for a flag lot and an additional ten feet of street frontage for each additional adjacent flag lot.

(Ord. 98-104, passed 9-14-1998)

   The purpose of the District is to accommodate new, higher density residential development by limiting the intensity of the use. The district also serves a transition between uses of lower and higher densities.

(Ord. 98-104, passed 9-14-1998)

   Land and buildings in the Multi-Family Residential District shall be used only for the following purposes:

   (a)   Dwelling structures. Two-family and multi-family structures having two or more dwelling units per structure;

   (b)   Accessory uses. Accessory buildings and uses in association with permitted dwellings including garages, gardening, pets and animals, parking facilities and swimming pools, club houses, rental offices, real estate and professional signs, and solar units and dish type satellites as regulated in § 1171.07. Home occupations shall be regulated by § 1171.15;

   (c)   Public schools and parks. Public schools offering general educational courses and having no rooms regularly used for housing. Parks, playgrounds and play fields;

   (d)   Private schools. Private schools offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing;

   (e)   Religious institutions. Churches and other places of worship, Sunday school buildings and parish houses;

   (f)   Residential facilities. Foster homes and family foster homes as defined in R.C. § 2151.011(B), family homes and group homes licensed pursuant to R.C. § 5123.19 and adult family homes and adult group homes licensed pursuant to R.C. § 3722.02; and

   (g)   Golf courses. Golf courses, including buildings, structures and uses as are necessary for their operation.

(Ord. 98-104, passed 9-14-1998)

   The following uses shall be allowed in the R-7 Residential District subject to approval in accordance with Chapter 1172:

   (a)   Child day-care centers as regulated by § 1172.04;

   (b)   Convalescent, nursing or rest homes as regulated by § 1172.05;

   (c)   Funeral homes; and

   (d)   Utility stations as regulated by the Landscape Ordinance and operated within a completely enclosed structure.

(Ord. 2004-15, passed 3-8-2004)

   (a)   Generally. The following standards shall apply to listed uses in R-7 Districts:

 

(Ord. 99-132, passed 10-11-1999)

   (b)   Maximum densities. The maximum net density for any residential use in an R-7 District shall be six units per acre. Net density shall exclude any public right-of-way.

   (c)   Landscaping. All landscaping shall conform to the Landscape Ordinance.

   (d)   Site planning. All site plans shall comply with the procedures in Chapter 1135.

   (e)   Parking. All parking shall be provided as required in Chapter 1175. At least one off-street parking space located within a fully enclosed attached structure and at least one unenclosed surface parking space shall be provided for each unit.

   (f)   Setback. Any multi-family structure in the R-7 District shall be at least 75 feet from any single-family district.

(Ord. 98-104, passed 9-14-1998)

   On corner lots, where lots have frontage on more than one public right-of-way, the required front yard shall be provided on both streets and the remaining lot line(s) shall comply with the side yard requirements.

(Ord. 98-104, passed 9-14-1998)

   The purpose of the O-1 District is to create professional office areas that will be acceptable within the city’s suburban areas and will not adversely affect adjacent residential neighborhoods. Only professional establishments which are free from objectionable features shall be permitted.

(Ord. 98-104, passed 9-14-1998)

   No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than the following uses:

   (a)   Offices. Professional and administrative offices including medical and dental offices and clinics, financial institutions such as banks, building and loan companies, savings and loans, insurance and real estate offices;

   (b)   Recreational. Private health clubs and recreational facilities including, but not limited to, swimming pools, tennis courts, golf courses, baseball diamonds and the like not operated for commercial purposes, including buildings, structures and uses as are necessary for their operation;

   (c)   Funeral homes. Funeral homes or mortuaries; and

   (d)   Institutional, public and cultural. Public libraries, museums, churches and other places of worship, Sunday school buildings and parish houses, public elementary and high schools or private schools with a curriculum the same as ordinarily given in public elementary and high schools and having no rooms regularly used for housing and sleeping rooms.

(Ord. 98-104, passed 9-14-1998)

   (a)   Business and personal services. Business and personal services of a type and nature clearly supplementary to and complementing the principal uses permitted. In the same building or complex of buildings with the principal use, such as research and medical laboratories, office supply and equipment repair shops and service, pharmacies, restaurants, child daycare and similar uses; provided that the business and personal services shall be conducted primarily for the convenience of the principal permitted uses. These business and personal services shall not occupy in the aggregate more than 25% of the gross area of any one building or building complex of the principal permitted uses.

   (b)   Child day-care centers. Child day-care centers as regulated by § 1172.04.

   (c)   Commercial parking garages and lots. Commercial parking garages and lots for passenger vehicles only, provided a reservoir space is provided within the garage or lot for holding cars awaiting entrance which reservoir space shall have a vehicular capacity of not less than 2% of the total parking capacity of the garage or lot, but in any case not less than eight vehicles.

(Ord. 2004-15, passed 3-8-2004)

   The following uses are prohibited:

   (a)   Retail and wholesale sales establishments, and exterior advertising or product display;

   (b)   The practice of veterinary medicine;

   (c)   Research laboratories or facilities discharging contaminants into the air or waste system which would be in excess of normal and endanger the health and welfare of the surrounding community; and

   (d)   Warehousing and storage.

(Ord. 98-104, passed 9-14-1998)

   (a)   Generally. The following standards shall apply to all uses in O-1 Districts:

 

   (b)   Landscaping. All landscaping shall conform to the Landscape Ordinance.

   (c)   Site planning. All site plans shall comply with the procedures in Chapter 1135.

   (d)   Illumination of accessways and parking areas. Accessways, parking areas and all other exterior areas which may be illuminated shall employ only fixtures which direct the light downward in a manner so as to control the glare and spill of light onto adjoining public or private properties. No fixture shall be mounted more than 20 feet above the ground level. Poles and fixtures shall be decorative and in character with the particular office park theme.

   (e)   Maximum building height. Main structures including parking garages shall not exceed three stories or 40 feet in height except as provided in Chapter 1181.

   (f)   Off-street parking and loading.

      (1)   Off-street parking and loading facilities shall be provided as specified in Chapter 1175.

      (2)   Outside parking of any vehicle over 25 feet in length for a period of more than 24 hours is prohibited.

      (3)   Parking of fleet vehicles, as defined in § 1133.78, shall be prohibited in front of the building line, and outside parking of more than five fleet vehicles shall be prohibited unless completely screened from adjacent properties and public rights-of-way with a wall constructed of the same material as the principal building.

(Ord. 98-104, passed 9-14-1998)

   No processes and equipment shall be employed which are objectionable by reason of odor, dust, smoke, cinders, gas fumes, noise, vibration, radiation, refuse matter or water carried waste.

(Ord. 98-104, passed 9-14-1998)

   It is the purpose of the B-1 District to permit and to encourage the establishment of a wide variety of shopping goods and services in the central area in a way as to attract consumers from a large trade area and encourage the reuse of existing older structures. Only those uses that will materially interfere with the overall function of the central area shall be excluded.

(Ord. 98-104, passed 9-14-1998)

   No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses, except as provided in § 1155.01. No use within the B-1 District shall be developed with a drive-in or drive-through facility unless the facility complies with the standards in § 1172.08.

   (a)   Offices.

      (1)   Business, professional and administrative offices;

      (2)   Offices of business and professional associations; and

      (3)   Medical offices and clinics.

   (b)   Retail, commercial and service uses.

      (1)   Specialty retail and commercial uses, including drug stores;

      (2)   Specialty food stores;

      (3)   Home furnishings, home improvements, materials and equipment stores with no outside storage;

      (4)   Garden supply;

      (5)   General merchandise and grocery stores;

      (6)   Personal services;

      (7)   Business and cleaning services;

      (8)   Art studios;

      (9)   Financial establishments without drive-through facilities; and

      (10)   Restaurants, standard, without drive-through facilities.

   (c)   Institutional, public and cultural uses.

      (1)   Public offices and buildings;

      (2)   Public and private elementary, junior high and high schools;

      (3)   Libraries, museums and art galleries;

      (4)   Churches and places of worship; and

      (5)   Child day-care centers.

(Ord. 98-104, passed 9-14-1998)

   The following uses shall be permitted only as specifically authorized by the Planning Commission and Council in accordance with any applicable provisions of this Zoning Ordinance.

   (a)   Commercial parking garages and lots. Commercial parking garages and lots for passenger vehicles only, provided a reservoir space is provided within the garage or lot for holding cars awaiting entrance, which reservoir space shall have a vehicular capacity of not less than 2% of the total parking capacity of the garages or lot, but in any event not less than two vehicles.

   (b)   Residential use. First floor residential use is prohibited, however residential use is permitted on the second floor or above. Residential use permitted by this section shall comply with minimum livable floor area requirements established for an R-6 Multi-Family Residential District in Chapter 1148.

   (c)   Bed and breakfasts. As regulated in § 1172.09.

(Ord. 98-104, passed 9-14-1998)

   All business, services, processing or storage of materials shall be conducted wholly within a completely enclosed building, except for the sale of automotive fuel, lubricants and fluids at service stations and outdoor display or storage vehicles, of materials and equipment as hereinbefore specifically authorized or as may be authorized by the Zoning Board of Appeals.

(Ord. 98-104, passed 9-14-1998)

   (a)   Lot area. No minimum lot area is required.

   (b)   Lot width. No minimum lot width is required.

   (c)   Front yard setback. The minimum front yard setback shall be the average of existing commercial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent commercial structures, the front yard setback shall be not less than 15 feet measured from the street right-of-way, and sufficient to meet screening and buffer yard standards specified in the Landscape Ordinance.

   (d)   Side and rear yards. No minimum side or rear yards shall be required, provided that the requirements of Chapter 1175 and the Landscape Ordinance are met.

   (e)   Impervious surface ratio. The maximum impervious surface ratio shall be .90.

   (f)   Site plan. A site plan shall be submitted prior to obtaining a building permit as specified in Chapter 1135.

   (g)   Maximum building height. No structure shall exceed three stories or 40 feet in height except as provided in Chapter 1181.

   (h)   Parking. Off-street parking shall be provided as specified in Chapter 1175, with up to 50% of total required spaces available through public parking lots and parking garages within a distance of 500 feet of the building line of the use.

   (i)   Loading. Off-street loading facilities shall be provided as specified in Chapter 1175.

(Ord. 98-104, passed 9-14-1998)

   No processes and equipment shall be employed or goods sold which are objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water-carried waste. Objectionable noise shall be any noise prohibited by the Noise Ordinance.

(Ord. 98-104, passed 9-14-1998)

   The purpose of the B-2 District is to permit and to encourage the development of a pre-planned commercial center with multiple stores or offices managed as a total entity and designed with:

   (a)   Aesthetic consideration in site and architectural layout;

   (b)   Coordinated pedestrian and vehicular circulation; and

   (c)   On-site parking and service areas.

(Ord. 98-104, passed 9-14-1998)

   The owner of a tract of land located in any district and containing not less than five acres may submit to the Planning Commission for its review a preliminary plan for the use and development of the tract of land for an integrated commercial shopping center.

(Ord. 98-104, passed 9-14-1998)

   The applicant shall demonstrate the following to the Planning Commission:

   (a)   Adequate size. The proposed shopping center is adequate but not excessive in size for the population which may reasonably be expected to be served by the center;

(Ord. 98-104, passed 9-14-1998)

   (b)   Traffic congestion to be avoided. The proposed shopping center will not aggravate an existing traffic congestion situation, and that any additional traffic generated by the shopping center will be properly directed and any potential future congestion shall be obviated by proposed public improvements of access thoroughfares and by appropriate provisions in the shopping center plan for proper entrances and exits and internal facilities or traffic circulation and parking.

(Ord. 99-132, passed 10-11-1999)

   (c)   Integrated design. The plan provides for a shopping center consisting of one or several groups of establishments in buildings of integrated and harmonious design together with properly arranged facilities for traffic and parking, landscaping and other features which tend to create an attractive and efficient shopping center, convenient, pleasant and safe to use, which would harmoniously fit into and have not appreciable adverse effects on the adjoining or surrounding development.

(Ord. 98-104, passed 9-14-1998)

   (a)   Offices.

      (1)   Business, professional and administrative offices;

      (2)   Offices of business and professional associations; and

      (3)   Medical offices and clinics.

   (b)   Retail, commercial and service uses.

      (1)   Large retail establishments, as specified in Chapter 1174;

      (2)   Specialty retail and commercial uses, including drug stores;

      (3)   General merchandise and grocery stores;

      (4)   Specialty food stores;

      (5)   Home furnishings, home improvements, materials and equipment stores with no outside storage;

      (6)   Garden supply;

      (7)   Personal services;

      (8)   Business and cleaning services;

      (9)   Art studios;

      (10)   Financial establishments without drive-through facilities; and

      (11)   Restaurants, standard, without drive-through facilities.

   (c)   Institutional, public and cultural uses.

      (1)   Public offices and buildings;

      (2)   Public and private elementary, junior high and high schools;

      (3)   Libraries, museums and art galleries;

      (4)   Churches and places of worship;

      (5)   Child day-care centers; and

      (6)   Financial offices.

(Ord. 2006-81, passed 8-28-2006; Ord. 2017-52, passed 5-15-2017)

   (a)   Convenience food stores, carry-outs, mini-markets and drive-through and drive-in stores, including photo kiosks, drive-in windows which are accessory to the operation of a financial establishment or fast food restaurant, and as specified in § 1172.08;

   (b)   Taverns, bars and nightclubs. Establishments primarily engaged in the retail sale of drinks, such as beer, ale, wine, liquor and other alcoholic beverages, for consumption on the premises. The sale of food may also be a part of the operation of these establishments;

   (c)   Vehicle sales, rental and service, as specified in § 1172.06;

   (d)   Automobile service stations, as specified in § 1172.06;

   (e)   Automobile leasing facilities, as specified in § 1172.06.

   (f)   Automobile accessories as specified in § 1172.06;

   (g)   Theaters; and

   (h)   Animal hospitals, veterinarian clinics and kennels subject to the additional standards in § 1172.11.

(Ord. 2004-155, passed 1-10-2005)

   The following minimum standards shall be observed in the design of commercial shopping centers.

   (a)   Yards. No building shall be less than 50 feet distant from any boundary of the tract on which the shopping center is located. The center shall be permanently screened from all adjoining properties located in any residential district as regulated by the Landscape Ordinance.

   (b)   Signs. In addition to the requirements in Chapter 1187, all signs in B-2 Districts are subject to express approval by the Planning Commission. All signs within the center shall be controlled by written agreement between the owners and tenants of the center, or otherwise, to avoid excessive advertising and to ensure a harmonious appearance to the center as a whole. In a neighborhood shopping center, all signs shall only be indirectly illuminated with white light. All signs shall conform to the distance requirements from property lines established for the buildings in the center.

   (c)   Impervious surface. The amount of impervious surface covering the site in proportion to the amount of total site area shall not exceed .85.

   (d)   Landscaping. Landscaping shall be provided as specified in the Landscape Ordinance.

   (e)   Site plan. A site plan shall be submitted prior to obtaining a building permit as specified in Chapter 1135.

   (f)   Height regulation. No principal or accessory structures shall exceed three stories or 40 feet in height, except as provided in Chapter 1181.

(Ord. 98-104, passed 9-14-1998)

   All accessory uses and structures shall be approved by the Planning Commission.

(Ord. 98-104, passed 9-14-1998)

   Processes and equipment employed and goods produced or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste, and shall comply with the B-1 District standards in Chapter 1155. Objectionable noise shall be any noise prohibited by the Noise Ordinance.

(Ord. 98-104, passed 9-14-1998)

   It is the purpose of the B-3 Road Service District to allow the development of highway oriented commercial uses along the community’s major thoroughfares. Both the intensity and the potential impact on residential uses are mitigated through lot width, setback and supplemental landscape standards.

(Ord. 98-104, passed 9-14-1998)

   (a)   Large retail establishments, as specified in Chapter 1174;

   (b)   Specialty retail and commercial uses, including drug stores with or without drive-throughs;

(Ord. 99-132, passed 10-11-1999)

   (c)   General merchandise and grocery stores;

   (d)   Specialty food stores;

   (e)   Home furnishings;

   (f)   Nursery and garden supply;

   (g)   Personal services;

   (h)   Business and cleaning services;

   (i)   Art studios;

   (j)   Financial establishments with drive-through facilities subject to the additional standards in § 1172.08;

   (k)   Restaurants, standard, with drive-through facilities subject to the additional standards in § 1172.08;

   (l)   Convenience food stores, carryouts and mini-markets subject to the additional standards in § 1172.08;

   (m)   Restaurant, fast food, with drive-through facilities subject to the additional standards in § 1172.08;

   (n)   Taverns, bars and nightclubs;

   (o)   Fraternal and social associations;

   (p)   Motels and hotels;

   (q)   Commercial entertainment, indoor and commercial recreation, indoor;

   (r)   Theaters and concert halls, meeting and banquet halls;

   (s)   Commercial entertainment, outdoor, with structures set back at least 200 feet from any residential property;

   (t)   Vehicle sales, rental and services, not including farm equipment, semi-tractor trailers and construction equipment;

   (u)   Automobile service stations, not including major repair, paint spraying or body work subject to the additional standards in § 1172.06;

   (v)   Auto repair, body shops, automobile accessories subject to the additional standards in § 1172.06;

(Ord. 98-104, passed 9-14-1998)

   (w)   Automobile washing facilities subject to the additional standards in § 1172.07;

(Ord. 98-104, passed 9-14-1998)

   (x)   Vehicle storage;

   (y)   Cellular or wireless communication systems. See Chapter 1188 for additional requirements;

(Ord. 98-104, passed 9-14-1998)

   (z)   Bakeries;

   (aa)   Publishing, printing and blueprinting shops;

   (bb)   Child day-care centers subject to the additional standards in § 1172.04; and

   (cc)   Offices.

      (1)   Business, professional and administrative offices;

      (2)   Offices of business and professional associations; and

      (3)   Medical offices and clinics.

(Ord. 99-132, passed 10-11-1999; Ord. 2004-15, passed 3-8-2004; Ord. 2004-155, passed 1-10-2005; Ord. 2006-81, passed 8-28-2006; Am. Ord. 2011-64, passed 8-8-2011)

   Animal hospitals, veterinarian clinics and kennels subject to the additional standards in § 1172.11.

(Ord. 2004-155, passed 1-10-2005)

   Accessory uses and structures are permitted as regulated by § 1171.07.

(Ord. 2004-155, passed 1-10-2005)

   Processes and equipment employed and goods produced or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste, and shall comply with the B-1 District standards in Chapter 1155. Objectionable noise shall be any noise prohibited by the Noise Ordinance.

(Ord. 2004-155, passed 1-10-2005)

   All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for incidental display of merchandise, the sale of automotive fuel, lubricants and fluids at service stations, loading and unloading operations, parking, the outdoor display or storage of vehicles, materials and equipment.

(Ord. 2004-155, passed 1-10-2005)

   No building customarily used for night operation shall have any openings, other than stationary windows or required fire exits, within 200 feet of any residence district, and any space used for loading or unloading of commercial vehicles in connection with the operation shall not be within 100 feet of any residence district.

(Ord. 2004-155, passed 1-10-2005)

   (a)   Generally. The following standards shall apply to all uses in B-3 Districts:

 

(Ord. 99-132, passed 10-11-1999)

   (b)   Landscaping. Landscaping shall be provided as specified in the Landscape Ordinance.

   (c)   Site plan. A site plan shall be submitted prior to obtaining a building permit as specified in Chapter 1135.

   (d)   Height regulations. No principal or accessory structures shall exceed three stories or 40 feet in height, except as provided in Chapter 1181.

(Ord. 98-104, passed 9-14-1998)

   (e)    Parking and driveway structures. If the parking and/or driveway structure is located adjacent to a residential district, the setback requirements shall be as set forth in Table 1159. Parking and driveway structures not adjacent to any residential use or district shall:

      (1)   In the case of parking structures be set back from the front lot line not less than 25 feet;

      (2)   Be set back from the side lot line not less than ten feet; and

      (3)   Be set back from the rear lot line not less than ten feet.

(Ord. 99-132, passed 10-11-1999; Ord. 2004-155, passed 1-10-2005)

   The purpose of the Commercial Recreation District is to regulate intensive recreation, resort and entertainment uses in order to mitigate their impact on surrounding, less intensive, land uses. Because of their size, late hours of operation and wide range of ancillary activities, a major theme park creates significant impacts unlike any other uses in the B-1, B-2 or B-3 Business Districts. Therefore, a special district was created to accommodate these activities.

(Ord. 98-104, passed 9-14-1998)

   (a)   Mechanical rides or attractions;

   (b)   Indoor movie theaters;

   (c)   Amphitheaters;

   (d)   Arcades;

   (e)   Specialty retail shops and restaurants;

   (f)   Stages;

   (g)   Swimming facilities;

   (h)   Other similar uses compatible with divisions (a) through (g);

   (i)   Hotels and conference facilities;

   (j)   Professional offices; and

   (k)   Cellular or wireless communication systems. See Chapter 1188 for additional requirements.

(Ord. 98-104, passed 9-14-1998; Ord. 2014-2, passed 2-10-2014)

   (a)   Temporary lodging including apartments and dormitories;

   (b)   Water distribution and pumping facilities for the exclusive use of on-site operations;

   (c)   Building and mechanical assembly and repair facilities for the exclusive use of on-site operations;

   (d)   Fences;

   (e)   Ticket booths or guard shacks; and

   (f)   Signs.

(Ord. 98-104, passed 9-14-1998)

   (a)   Setbacks. Minimum setbacks from rights-of-way and property lines shall be as follows:

 

   (b)   Minimum lot area. Two acres.

   (c)   Minimum lot width. Two hundred feet.

   (d)   Maximum building height. The maximum building height for all principal permitted uses within 200 feet of a right-of-way shall be 40 feet.

   (e)   Landscaping. All uses within 200 feet of a right-of-way shall comply with the requirements of the Landscape Ordinance.

   (f)   Parking. Off-street parking shall be provided as specified in Chapter 1175.

   (g)   Signs. All signs within 200 feet of a right-of-way shall comply with the requirements according to Chapter 1187.

   (h)   Lighting. Lighting shall be reflected away from adjacent residential districts.

   (i)   Noise. All uses shall comply with the city’s Noise Ordinance.

(Ord. 98-104, passed 9-14-1998)

   Uses in this district shall comply with the approval procedures pursuant to Chapter 1135 except as specifically exempted below:

   (a)   Permitted uses contained in § 1160.02(a) through (h) and located a minimum of 500 feet from any right-of-way shall be exempt from the procedures contained in Chapter 1135 except that permits shall be required for all structures; and

   (b)   Accessory uses located a minimum of 50 feet from a right-of-way and less than 200 square feet in area shall be exempt from the procedures contained in Chapter 1135.

(Ord. 98-104, passed 9-14-1998; Ord. 2014-2, passed 2-10-2014)

   (a)   The purpose of the PUD District is to provide an alternate subdivision and platting procedure and:

      (1)   To permit the creation of areas within the city that can be developed or redeveloped with maximum flexibility in design;

      (2)   To promote the efficient use of land and facilitate an economic arrangement of buildings, circulation systems and utilities; and to promote conformance to the city’s Land Use and Thoroughfare Plan, Landscape Ordinance, access management plan, Noise Ordinance, driveway approaches and curb cuts and any other applicable regulations;

      (3)   To provide for and locate suitable supporting recreation facilities, educational facilities and other public and semi-public common facilities, while preserving the existing landscape to the greatest extent possible;

      (4)   To encourage the most skillful planning in the arrangement of buildings, the preservation of open space, the utilization of topography and other site features;

      (5)   To obtain creative and coordinated architectural and site designs harmonious and compatible with surrounding uses; and

      (6)   To encourage a mix of land use types and densities within a development in order to establish a balanced overall development pattern.

   (b)   In order to carry out these purposes, procedures supplemental to those applicable in other use districts are established in this chapter, under which development plans particularly designed to meet these objectives may be prepared and submitted for approval.

(Ord. 98-104, passed 9-14-1998)

   Any use permitted in this Zoning Ordinance may be permitted in the Planned Unit Development District provided that it is consistent with the overall purpose of the PUD District and is compatible with the adjacent uses. Planning Commission reserves the right to prohibit certain uses which it may find objectionable for the reason that the uses are not consistent with the purpose set forth in § 1161.01 or the use is not consistent with the land planning criteria of § 1161.03 or other requirements set forth in this chapter.

(Ord. 98-104, passed 9-14-1998)

   The following planning criteria are established to guide and control the planning, development and use of land in a PUD District and are in addition to all other applicable regulations in the Zoning Ordinance.

   (a)   Relationship of buildings to each other.

      (1)   Evaluation of appearance of a project shall be based on quality of its overall design and relationship to surroundings. Architectural style is not restricted; however, extremes of style not indigenous to the city are not encouraged.

      (2)   Buildings shall be in scale and harmonious with permanent neighboring developments.

      (3)   Materials shall be in harmony with adjoining structures.

      (4)   Materials shall be selected for suitability to the type of building and design in which they are used.

      (5)   Materials shall be of durable quality.

      (6)   There should be definite transitions between changes of material and plane while maintaining an overall simple geometry for the building mass.

      (7)   In any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious to their surroundings.

      (8)   Exterior building components such as windows, doors, eaves and parapets shall have balanced proportions.

      (9)   All sides of a structure should receive design consideration. A facade unrelated to the rest of the building is not in keeping with acceptable design.

      (10)   Colors shall be harmonious and accents, if used, shall be compatible.

      (11)   All projections and mechanical details such as louvers, exposed flashing, flues, vents, gutters and downspouts are to be recognized as architectural features and are to be treated to match the color of the adjacent surface or an approved complementary color.

      (12)   Mechanical equipment or other utility hardware on the roof, ground or elevations shall, wherever possible, be located so as not to be visible from any public ways or adjacent residential areas. Where the limitation on location is not possible, the facilities shall be screened from public view with landscaping and/or materials harmonious with building.

      (13)   Refuse and waste removal areas, service yards, storage yards and exterior work areas shall be screened from view from public ways with landscaping and/or materials harmonious with the building.

      (14)   Monotony of design in single or multiple building projects shall be avoided. Variation of exterior wall material, detail, form and siting shall be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to help prevent a monotonous appearance.

   (b)   Relationship of buildings to site.

      (1)   Projects shall reflect the character of the site upon which they are located. Compatibility to grade conditions, degree of exposure from passers-by, the context of adjacent structures, exceptional views, tree masses and size of the lot are some of the factors to be considered.

      (2)   The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, safe pedestrian movement and parking areas.

      (3)   Consideration of the appropriateness of providing setbacks and yards in excess of zoning restrictions is encouraged to enhance compatible relationships between buildings, and between buildings and adjacent streets.

      (4)   Plans should demonstrate a concern for the conservation of energy by their sensitivity to factors such as the orientation of a building, the use and location of glass, and the use of landscape materials on the site.

      (5)   Parking areas shall be treated with decorative elements, building wall extensions, plantings, beams or other means so as to minimize the impact of parked vehicles on the view from public ways and adjacent residential areas.

      (6)   Fencing plans must be a part of the submittal at the earliest stages and should be consistent with the general plan for the site.

      (7)   The design of fences and screening walls shall give specific consideration to the relief of monotony, such as breaking up major lengths by complementary landscaping.

      (8)   Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.

      (9)   Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.

      (10)   Residential units shall have access to or directly abut public or common open space areas.

   (c)   Relationship of project to adjoining area.

      (1)   Designs shall demonstrate a harmony in texture, lines and masses between all adjacent buildings. Monotony shall be avoided.

      (2)   The height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.

      (3)   Adjacent buildings of different architectural styles shall be made compatible by means such as screens, sight breaks and materials.

      (4)   Attractive landscape transition or compatible use characteristics to adjoining properties shall be provided.

      (5)   Project features that may have negative impacts upon adjacent properties, such as parking lots, service entrances, loading zones, mechanical equipment and the like, shall be buffered from the adjacent properties.

   (d)   Landscape and site treatment.

      (1)   Where natural or existing topographic patterns contribute to the appearance of a development, they shall be preserved and enhanced. Modification to topography will be permitted where it contributes to good appearance.

      (2)   Each landscape plan shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barriers, provisions for shade, energy conservation, sound absorption, dust abatement and reduction of glare.

      (3)   Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important axes, and to provide shade.

      (4)   Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with adjacent developments.

      (5)   Plant material shall be selected for interest in its structure, texture, color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design, and of attractive appearance shall be used.

      (6)   Parking areas and related trafficways shall be enhanced with landscaped areas, including trees or tree groupings.

      (7)   In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.

      (8)   Where building sites limit planting, the placement of approved trees in parkways is encouraged.

      (9)   Where landscaping is used as screening, it shall be equally effective in winter and summer.

      (10)   In areas where general planting will not prosper, other materials shall be used, such as fences, walls and pavings of wood, brick, stone, gravel and cobbles. Suitable plants shall be combined with the materials where possible.

      (11)   Landscape screening shall be of a height and density so that it provides the full desired effect within three years growing time.

   (e)   Signs.

      (1)   Every sign shall have appropriate scale in its design and in its visual relationship to buildings and surroundings.

      (2)   Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.

      (3)   The height of a sign shall not exceed the predominant height of the principal building to which it relates, or the maximum height permitted by the city’s sign regulations, whichever is lower.

      (4)   The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.

      (5)   The number of colors and graphic elements on a sign shall be held to the minimum needed to convey the sign’s major message, and shall be composed in proportion to the area of the sign face. The listing of individual services rendered or items offered for sale, and the use of telephone numbers, arrows and multiple logos on a sign are generally unacceptable.

      (6)   Identification signs of a prototype design and corporation logos shall conform to the criteria for all other signs.

      (7)   Each sign shall be compatible with signs on adjoining premises, and shall not compete for attention.

   (f)   Lighting.

      (1)   All exterior lighting should balance the need for energy conservation with needs for safety, security and decoration.

      (2)   Where decorative exterior floodlighting is used, it shall consist of an appropriate composition of brightness relationships, textures and restrained colors to dramatize a setting and extend the hours of the setting’s usefulness. Floodlighting fixtures shall be located or shielded so that their presence is minimized.

      (3)   All exterior lighting shall be part of the architectural and landscape design concept. Fixtures, standards and all exposed accessories shall be concealed or harmonious with other project design materials.

      (4)   In general, the height of exterior lighting fixtures shall not exceed the predominant height of the principal building to which it relates.

      (5)   Exterior lighting shall not be designed to permit an adverse effect upon neighboring properties. Designs shall specify appropriate light cut-off angles for all sources of strong illumination.

      (6)   If high pressure sodium vapor luminaries are used for free-standing parking lot and internal access route lighting, they should be color corrected for compatibility.

   (g)   Miscellaneous structures and street hardware.

      (1)   Miscellaneous structures and street hardware (i.e., seating, lighting, mailboxes and the like) shall be designed to be a part of the architectural and landscape design concept.

      (2)   The materials shall be compatible, the scale shall be appropriate, and the colors shall be in harmony with buildings and surroundings.

   (h)   Maintenance design factors.

      (1)   Continued quality of appearance depends upon the extent of quality of maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive to easy maintenance and upkeep.

      (2)   Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage and abuse.

      (3)   Provisions for washing and cleaning of buildings and structures and control of dirt and refuse shall be included in the design. Configurations that tend to catch and accumulate debris, leaves, trash, dirt and rubbish shall be avoided.

(Ord. 98-104, passed 9-14-1998)

   The various area, yard and height regulations of a planned unit development area in a PUD District are defined and set forth as follows.

   (a)   Development area. The minimum area to qualify as a planned unit development area shall be not less than five contiguous acres. A parcel or parcels of land with less acreage may be considered for planned development when it is demonstrated that the smaller area has a unique feature of geography, topography or other development aspect which is determined to be appropriate for the district designation. However, contiguous property of less than five acres may be added to a previously established PUD District without any demonstrated basis.

   (b)   Lot width, setback and yard requirements. Lot width, setback and yard requirements may be varied to accommodate a variety of structural patterns, clustering design and housing types.

   (c)   Development area density. The maximum net density for single-family residential use is six dwelling units per acre and the maximum net density for multi-family is eight units per acre. The calculation of residential density shall be determined by dividing the total number of units by the net residential area. Net residential area excludes that portion dedicated to right-of-way.

   (d)   Standards for increase in residential density.

      (1)   The Planning Commission may recommend authorization of an increase in the residential density of the planned unit development. If the Planning Commission finds that any of the following conditions would be created by an increase in density, it may then use either of the provisions listed in division (d)(2) hereof:

         A.   Inconvenient or unsafe access to the planned residential development;

         B.   Traffic congestion in the streets which adjoin the planned residential development; or

         C.   An excessive burden on parks, recreational areas, schools and other public facilities which serve or are proposed to serve the planned residential development.

      (2)   The Planning Commission may use either of the following provisions in order to control the conditions specified in division (d)(1) hereof:

         A.   Prohibit any increase in density; or

         B.   Limit the increase in density by an amount which is sufficient to avoid the creation of any of these conditions.

(Ord. 98-104, passed 9-14-1998)

   (a)   The minimum setbacks for buildings, parking and streets along the boundary of any PUD District shall be the following:

 

 

   (b)   The Planning Commission may allow for a reduction of the setbacks if the applicant demonstrates that any negative impacts of reducing the setback is sufficiently mitigated.

(Ord. 98-104, passed 9-14-1998)

   The planned unit development will only be approved if the development plan contains areas to be allocated for common open space which satisfy the standards governing the usability and quality of common open space that are contained below.

   (a)   No open area may be accepted as common open space under the provisions of this Zoning Ordinance unless it meets the following standards:

      (1)   Common open space shall comprise at least 20% of the project area;

      (2)   The location, shape, size and character of the common open space shall be suitable for the planned unit development. Public utility and similar easements and rights-of-way for water courses and other similar channels may be acceptable for common open space provided it does not comprise more than 50% of the minimum open space total, unless the land or right-of-way is usable as a trail or similar purpose and has been approved by the Commission. Common open space shall not include private yards, required setbacks between the project boundary lines and buildings, and minimum spacing between buildings;

      (3)   Common open space shall be used for amenity or recreational purposes or remain undeveloped. The uses authorized for the common open space shall be appropriate to the scale and character of the planned unit development, considering its size, density, expected population, including ages and number, topography and the number and type of dwellings or uses to be provided;

      (4)   Common open space shall be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space shall be appropriate to the uses which are authorized for the common open space and shall conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition;

      (5)   The development schedule which is part of the development plan shall coordinate the improvement of the common open space, the construction of buildings, structures and improvements in the common open space and the construction of other buildings in the planned development;

      (6)   If the final development plan provides for buildings, structures or improvements in the common open space, the developer shall provide a bond of 100% of the City Engineer’s estimate of the cost of those improvements so that the buildings, structures and improvements will be completed before the final plat is recorded. Upon request of the developer, the Planning Commission may delay the requirements of posting bond, the delay to be based upon the development schedule. If the developer does not complete the buildings, structures and improvements at the time set forth in the schedule, then the Commission shall require that a bond be provided for the remainder of the improvements. The Commission shall release the bond or other assurance when the buildings, structures or improvements have been completed according to the development plan; and

      (7)   The use and improvement of the common open space shall be planned in relation to any existing or proposed public or semi-public open space which adjoins or which is within 1,500 feet of the perimeter of the planned development.

   (b)   All land shown on the final development plan as common open space shall be conveyed under one of the following options:

      (1)   It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures or improvements which have been placed on it; and

      (2)   It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned residential development. The common open space shall be conveyed to the trustees subject to covenants to be approved by the Planning Commission which restrict the common open space to the uses or extent of development specified on the final development plan and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.

   (c)   No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use. However, no change of use so authorized may be considered as a waiver of any of the covenants limiting the use of common open space areas and all rights to enforce these covenants are expressly reserved.

   (d)   If the common open space is not conveyed to a public agency, either one of the following methods of enforcement may be provided:

      (1)   The legal right to develop the common open space for those uses not specified in the final development plan may be conveyed to a public agency;

      (2)   The restrictions governing the use, improvement and maintenance of the common open space may be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a public agency, at its discretion, in the event of a substantial default in the stated conditions; or

      (3)   The covenants governing the use, improvement and maintenance of the common open space may authorize a public agency to enforce their provisions.

   (e)   The Chief Building Official shall not issue a building permit for any building or structure shown on the final development plan for any stage of the planned residential development unless the common open space allocated to that stage by the development schedule has been conveyed under one of the options provided in division (d) hereof.

   (a)   It is the purpose of §§ 1161.07 through 1161.18 to establish procedures, supplementary to those applicable in the standard zoning districts created by this Zoning Ordinance, under which a developer may prepare development plans particularly designed to meet the objectives for a planned unit development. Procedures are also established for professional review of the development plans, action thereon by the city and the implementation thereof.

   (b)   The applicant shall be responsible for the reasonable expenses incurred by the city in reviewing the plan or any modifications to the plan. Expenses may include items such as the cost of professional and review services, including expenses and legal fees in connection with reviewing the plan and prepared reports, the publication and mailing of public notice in connection therewith and any other reasonable expenses directly attributable thereon.

(Ord. 99-132, passed 10-11-1999)

   (c)   At the time of submitting the concept plan to the Planning Commission for consideration, the applicant shall make a deposit in the office of the Clerk in an amount equal to the estimated cost of the city’s expense. This deposit shall be as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the deposit shall be as set by ordinance from time to time. When this deposit has been depleted to 33%, another deposit will be requested. For those projects where the city estimates the city’s cost to be less than $500, no deposit will be required. In these cases, the city’s cost will be recovered by billing the developer.

   (d)   Failure to pay the above within 30 days of invoice will stop all processing of the concept plan.

   (a)   The developer is encouraged to meet with the City Planner and City Engineer prior to submission of a concept plan. The intent of this meeting is to discuss early and informally, the purpose and effect of the ordinance and the criteria and standards contained herein. It will also give the developer the opportunity to become familiar with zoning and other applicable regulations, as well as the benefit of any comments on his or her specific proposal by the city staff.

   (b)   The concept plan together with an application shall be filed with the City Engineer. The application package must be submitted at least 30 days prior to a regular Planning Commission meeting to be placed on the agenda for that meeting. Prior to the meetings, copies of the concept plan and application shall be forwarded to individual members of the Planning Commission, the Law Director, the Utilities Director, City Planner, Police Chief, Park Director and Fire Chief, for a report.

   (c)   The concept plan shall include the following information:

      (1)   The boundary of the proposed planned unit development with bearings and distances indicated for all proposed boundary lines. The total area of the proposed planned unit development should be indicated;

      (2)   The names of all adjacent property owners including those across the street from the proposed development and within 200 feet;

      (3)   Existing features of the site within 100 feet including topography, vegetation, roadways, structures, permanent facilities, drainage courses and utilities;

(Ord. 98-104, passed 9-14-1998)

      (4)   The specific location of proposed land uses within the planned unit development. The amount of area dedicated to each type of land use shall be indicated. The types of uses and their extent, size and composition in terms of use, intensity and coverage of structures shall be specified. For residential developments, dwelling unit density in terms of dwelling units per gross acre and minimum lot sizes, frontages and setbacks shall be specified;

(Ord. 99-132, passed 10-11-1999)

      (5)   The interior open space system;

      (6)   The conceptual circulation system, noting the primary roadway and pedestrian systems within the project and their connection to the existing network;

      (7)   All FEMA designated 100-year floodplain areas; and

      (8)   The zoning of all adjoining properties.

(Ord. 98-104, passed 9-14-1998)

   If rezoning is required, application may be made concurrent with the concept plan according to the procedures established in Chapter 1137.

(Ord. 98-104, passed 9-14-1998)

   Upon receipt of a concept plan of a development area, the City Engineer shall transmit a copy of the concept plan to the Law Director and planner (or planning consultant) for their review, report and recommendation. The City Engineer shall also transmit a copy of all covenants, restrictions and easements to be recorded and covenants for maintenance to the Law Director for his or her review, report and recommendation. The Law Director, Engineer and Planner shall each, within 30 days from receiving a concept plan of the development area, unless otherwise extended, provide and furnish to the Planning Commission a report upon their respective jurisdiction with four copies. Copies of each report shall be filed with the Planning Commission, one copy shall be submitted to the Mayor and one copy filed with the City Manager.

(Ord. 98-104, passed 9-14-1998)

   (a)   Within 60 days, unless otherwise extended by consent of a developer, after a concept plan has been filed with the City Engineer, the Planning Commission shall evaluate the plan and reports required under § 1161.10, and it shall furnish to Council its detailed report and recommendations with respect thereto. Planning Commission may extend the 60 days set forth above for good cause. The Planning Commission shall notify the developer of any extension prior to the elapse of the original 60 days. Failure to submit the report within 60 days shall not be deemed either an approval or disapproval of the concept plan.

   (b)   The report of the Planning Commission shall include a finding either that the concept plan complies with the regulations, standards, criteria and purpose prescribed by this Zoning Ordinance for planned unit development areas applicable to the proposal, or a finding of any failure of the compliance, and a recommendation that the concept plan be approved, disapproved or modified. If in any evaluation, the Planning Commission finds that any regulations, standards or criteria prescribed by this Zoning Ordinance are inapplicable because of unusual conditions of the development area, or the nature and quality of the proposed design, it may recommend to Council that an adjustment in the regulations, standards or criteria be made, and that special conditions be required for the development, provided the adjustment or conditions will not be in conflict with the promotion of the public health, safety and general welfare of the municipality. The adjustments and conditions shall constitute a part of the proposed concept plan.

   (c)   The concept plan, together with eight copies of the report of the Planning Commission, shall be filed with the Clerk for submission to Council and the Mayor.

(Ord. 98-104, passed 9-14-1998)

   (a)   Council, at its next regular meeting following receipt of the Planning Commission report, or as otherwise extended by consent of the developer, shall set a date for a public hearing on the concept plan of the development area, including the report of the Commission thereon, and shall give at least 15 days’ notice of the time, place and purpose of such hearing by publication in one newspaper of general circulation in the city.

   (b)   Following the public hearing, Council shall either approve, disapprove or modify the concept plan in conformity with regulations, standards, criteria and purpose prescribed by this Zoning Ordinance. Council may affirm any report of the Planning Commission or disapprove a favorable report of the Planning Commission by a majority vote of its members. If Council reverses a report of the Commission recommending disapproval of a concept plan, it may only do so by the affirmative vote of two-thirds of the members elected to or appointed to Council.

(Ord. 98-104, passed 9-14-1998; Ord. 99-132, passed 10-11-1999; Ord. 2015-90, passed 10-12-2015)

   On filing of the required inspection fee, the City Engineer shall cause a notation to be made on the Zone Map to reflect the area which is included in the concept plan in a PUD District, and shall return the concept plan to the Planning Commission with a report of Council’s action thereon.

(Ord. 2004-155, passed 1-10-2005)

   The developer of any parcel or parcels of land for which a concept plan has been approved by Council, and who has posted the inspection fee, may submit a final plan of the development area. Twenty copies of the plan shall be filed with the City Engineer at least 14 working days before the next regularly scheduled Planning Commission meeting, and upon payment of the appropriate fees shall be submitted by him or her to the Planning Commission.

   (a)   The final plan of the development area shall contain and be accompanied by the following unless waived by Planning Commission as inapplicable:

      (1)   Topography, at a two-foot contour interval, of the proposed development area, including property lines, easements, street right-of-way, existing structures, trees and landscape features existing thereon, floodplains, wetlands, ravines, stream areas, ponds and lakes, and including a certificate, by a registered engineer or surveyor, of the gross area of the development area in acres and square feet;

      (2)   The vehicular and pedestrian traffic patterns, with a traffic impact study, including the proposed location and design of public and private streets; the directional flow and location of existing and proposed storm and sanitary sewers and sewers connecting with existing or proposed municipal interceptor, outlet or trunk sewers outside the development area; the location and design of parking and service areas; and an estimate of traffic volumes to be generated, including the assignment of traffic to proposed entrances and exits;

      (3)   A site plan, including the proposed public and private street system with right-of-way, all easements, the use and subdivision of all land including common and private land, and the location of each existing structure to be retained;

      (4)   A plat of the development area showing street right-of-way, subdivided and common land and easements in accordance with the requirements of the City Subdivision Regulations which shall be in form for recording;

      (5)   Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination, and all other site features of the development area or that portion of the development area to be developed, designed in accordance with the City Subdivision Regulations and Building Codes. Upon approval and recommendation from the City Engineer, Planning Commission may vary the city’s subdivision regulations to allow more flexibility in design;

      (6)   A detailed landscape plan showing all site features and finished grading for public and private lands within the development area;

      (7)   The final form of covenants running with the land and deed restrictions (including the use of common land); covenants, restrictions or easements to be recorded; declaration of covenants, restrictions and bylaws of a home association and its incorporation; declaration of condominium ownership and other covenants, if any, for maintenance;

      (8)   Estimated project cost, including estimates for all public and private improvements;

      (9)   Construction schedule and land disposition program;

      (10)   Site plans, floor plans, elevations and cross sections for all buildings;

      (11)   Descriptive data as to the type of buildings, square footage for each use and number of dwelling units in each building type; and

      (12)   In the event the final plan of a development area includes the subdivision of land, any map, plat or other data required for compliance with the provisions of the City Subdivision Regulations.

   (b)   The Planning Commission may require additional drawings to supplement the above when more information is needed or when special conditions occur.

(Ord. 98-104, passed 9-14-1998)

   If the Planning Commission finds that a proposed final plan of development area is in substantial accordance with and represents a detailed extension of the concept plan heretofore approved by Council; that it complies with all of the conditions and adjustments which may have been imposed in the approval of the concept plan; that it is in accordance with the design criteria and provisions of this Zoning Ordinance which apply particularly to any plan of the planned unit development; that all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed; that development pursuant to a previously approved final plan is in accordance with that plan and the approved concept plan; that all fee payments have been made and that the provisions of the subdivision regulations have been met; that the location, design, size and uses will result in an attractive, healthful, efficient and stable environment for commerce and/or residential development; that the design size and use are consistent with land use plans adopted by the Planning Commission or Council; then the Commission shall approve the final plan.

(Ord. 98-104, passed 9-14-1998)

   No zoning certificates or other permits shall be issued until approval of the final development plan, payment of the required fees and review of building plans are complete.

(Ord. 98-104, passed 9-14-1998)

   When the final plan of the development area provides for partial development of the total area for which a concept plan has been approved, the Planning Commission may require inspections of the improvements then made, or detail plans for all improvements in the development area to permit evaluation of the progress and conformance of development of the entire parcel to the concept plan or a previously approved final plan before further or partial development may be approved.

(Ord. 98-104, passed 9-14-1998)

   At any time after the approval of a concept plan or a final plan of a development area, the owner or owners may request an amendment of their plans; the request of the amendment shall be filed with the City Engineer and one copy filed with the Clerk of Council. If the amendment, as determined by Planning Commission, represents a departure from the intent of, or a major departure from the substance of, the concept plan, the amendment shall then be subject to the same procedure and conditions of approval as the original application. For the purposes of this section, a MAJOR DEPARTURE FROM THE SUBSTANCE OF A CONCEPT PLAN shall include, but not be limited to, an increase in or relocation of areas planned for a particular use or the addition of a use not included in the approved concept plan.

(Ord. 98-104, passed 9-14-1998)

   (a)   It is the purpose of the High Tech Light Industrial District to create quality high tech industrial development in campus type surroundings. This district will be created in areas of the city generally adjoining interstates or other major vehicular thoroughfares which will not adversely affect adjacent residential neighborhoods. This district shall provide for uses which:

      (1)   Have no objectionable influences; and

      (2)   Whose objectionable features will be completely enclosed within the building structure.

   (b)   In the interest of general health and welfare, residential and certain institutional uses are not permitted in this district.

(Ord. 98-104, passed 9-14-1998)

   No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses.

   (a)   Office. All principal permitted uses and conditional uses as included in the O-1 Office Park District in Chapter 1153.

   (b)   Manufacturing, fabricating, assembly, testing, repair, servicing and processing. Manufacturing, fabricating, assembly, testing, repair, servicing and processing of the following:

      (1)   Aircraft parts other than engines;

      (2)   Apparel with the exception of leather and fur goods;

      (3)   Audio products;

      (4)   Bags;

      (5)   Brooms and brushes;

      (6)   Communication equipment;

      (7)   Costume novelties, buttons and novelties;

      (8)   Diecut paper, paperboard and cardboard;

      (9)   Drugs;

      (10)   Electric lighting and wiring equipment;

      (11)   Electrical industrial apparatus;

      (12)   Electronic components and accessories;

      (13)   Electronic computing equipment;

      (14)   Envelopes;

      (15)   Fabricated textile products;

      (16)   Fabricated wire products;

      (17)   Furniture and fixtures;

      (18)   Glass containers;

      (19)   Glassware, pressed and blown;

      (20)   Guided missiles and space vehicles;

      (21)   Jewelry, silverware and plated ware;

      (22)   Lampshades except metal;

      (23)   Luggage;

      (24)   Musical instruments and parts;

      (25)   Office machines;

      (26)   Office showroom;

      (27)   Paperboard containers and boxes;

      (28)   Pens, pencils and other office/artists supplies;

      (29)   Perfumes, cosmetics and other toilet preparations;

      (30)   Photographic and optical goods, watches and clocks;

      (31)   Plumbing fixtures and heating apparatus;

      (32)   Pottery and related products;

      (33)   Professional, scientific and controlling instruments;

      (34)   Radio and television sets, except communication types;

      (35)   Service industry machines;

      (36)   Sighting and fire control equipment;

      (37)   Small arms;

      (38)   Special industry machinery except metal working equipment;

      (39)   Toys, amusements, sporting and athletic goods; and

      (40)   Umbrellas, parasols and canes.

   (c)   Other establishments. Other establishments including:

      (1)   Commercial parking garages and lots if accessory to a principal permitted use;

      (2)   Data processing services;

      (3)   Motels, hotels;

      (4)   Motion picture production;

      (5)   Public utility substations; and

      (6)   Warehouses directly associated with manufacturing or related operations on- site. The square footage of the footprint of the warehouse area cannot exceed 50% of the square footage of the footprint of the entire facility.

   (e)   Cellular or wireless communications systems. See Chapter 1188 for additional requirements.

   (f)   Additional uses. Any other use which the Planning Commission may find to be similar in character to the uses, including accessory uses, enumerated in this section and consistent with the purpose and intent of this district.

(Ord. 98-104, passed 9-14-1998; Ord. 2017-52, passed 5-15-2017)

   Prohibited uses are as follows:

   (a)   Residential dwellings, dwelling units and residences of any kind with the exception of motels, hotels or rooming houses;

   (b)   Any use which required the storage of parts or finished products not within the principal structure is strictly prohibited;

   (c)   Any use which emits any type of noxious or offensive emissions of smoke, dust, gas, fumes, odors or vibrations beyond the building line is strictly prohibited; and

   (d)   Any use which emits noise in violation of the Noise Ordinance is strictly prohibited.

(Ord. 98-104, passed 9-14-1998)

   (a)   Generally. The following development standards shall apply to HT-1 Districts:

 

(Ord. 98-104, passed 9-14-1998)

   (b)   Storage/loading. All uses, including storage, loading and unloading shall be conducted entirely within an enclosed building. Loading and unloading activities shall satisfy the provisions of this division if:

      (1)   A vehicle or trailer is located sufficiently close to the exterior wall or loading dock of the building so that all loading and unloading occurs between the confines of the building and the interior of the vehicle or trailer; and

      (2)   The vehicle or trailer is located on the rear of the building and is sufficiently screened from view from the roadway and any adjoining properties as determined by the Planning Commission to be necessary to conceal the loading and unloading activities from view.

(Ord. 99-132, passed 10-11-1999)

   (c)   Off-street parking and loading.

      (1)   In addition to the requirements contained in division (b) above, off-street parking and loading facilities shall be provided as specified in Chapter 1175.

      (2)   Outside parking of any vehicle over 25 feet in length for a period of more than 24 hours is prohibited.

      (3)   Parking of fleet vehicles, as defined in § 1133.78, shall be prohibited in front of the building line, and outside parking of more than five fleet vehicles shall be prohibited unless completely screened from adjacent properties and public rights-of-way with a wall constructed of the same material as the principal building.

   (d)   Exterior building material.

      (1)   Unfinished or unpainted non-decorative concrete block shall not be used on any exterior wall.

      (2)   Metal siding shall not be used on any wall facing a public street or a residential district. If metal siding is utilized on any remaining wall, it shall be subject to the approval of Planning Commission.

      (3)   A combination of brick, masonry, glass, architectural metal wall panels, or other suitable building materials shall be used on the front facade of the building, subject to the approval by the Planning Commission.

(Ord. 2004-155, passed 1-10-2005; Ord. 2015-89, passed 9-28-2015)

   (a)   It is the purpose of the I-1 District to create industrial areas that will be acceptable within the city and will not adversely affect adjacent business or residential neighborhoods by permitting industrial establishments which are either:

      (1)   Relatively free from objectionable influences; or

      (2)   Ones whose objectionable features will be obviated by design and/or appropriate devices.

   (b)   In the interest of general health and welfare, residential and certain institutional uses are not permitted within this district.

(Ord. 98-104, passed 9-14-1998)

   No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses:

   (a)   Manufacturing. Light industrial use which ordinarily uses only light machinery and is conducted entirely within an enclosed, substantially constructed building and is not noxious or offensive by reasons of the emission of smoke, dust, gas fumes, odors, noises or vibrations beyond the confines of the building;

   (c)   Contractor’s yard and related establishments. Building material yards, excluding concrete mixing, contractor’s equipment storage yard or plant; or storage yard for rental of equipment commonly used by contractors; storage and sales of grain, livestock feed or fuel; carting, express or hauling establishments, including storage of vehicles; provided the uses are conducted:

      (1)   Wholly within a completely enclosed building or buildings, except for storage of vehicles, which building shall be distant at least 100 feet from any residential district, unless the building has no openings other than stationary windows and required fire exits within the distance, but not within 50 feet of any residential district in any case; or

      (2)   When conducted within an area completely enclosed on all sides with a solid wall or uniformly painted solid board fence not less than six feet high, but not within 200 feet of any residential district; provided further that all storage yards related to the uses in this division shall be enclosed.

   (e)   Cellular or wireless communications systems. See Chapter 1188 for additional requirements;

(Ord. 98-104, passed 9-14-1998)

   (f)   Automobile repair shops. Automobile repair shops performing major repair work, including automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work; and

   (g)   Office. Office for corporate and regional headquarters.

(Ord. 99-132, passed 10-11-1999; Ord. 2004-15, passed 3-8-2004; Ord. 2016-54, passed 4-11-2016; Ord. 2017-52, passed 5-15-2017)

   Prohibited uses are as follows:

   (a)   Residential. Dwellings, dwelling units and residences of any kind, including hotels, motels, rooming houses and other tourist homes and bed and breakfasts;

   (b)   Institutional. Schools, orphanages, child day-care centers, churches, homes for the aged and similar institutions for human care; and

   (c)   Business. Those businesses authorized for central business districts, shopping center districts and road service districts.

(Ord. 98-104, passed 9-14-1998)

   The following development standards shall apply to I-1 districts:

   (a)   Development standards.

 

   (b)   Off-street parking and loading. Off-street parking and loading facilities shall be provided as specified in Chapter 1175.

   (c)   Storage and unloading. The storage of raw materials and/or manufactured products shall be behind the rear of the building and shall be sufficiently screened from view from the roadway and the adjoining properties as determined by the Planning Commission to be necessary to conceal the storage from view. Loading and unloading operations shall be conducted in the rear or side of the building and shall be sufficiently screened from view from the roadway and the adjoining properties as determined by the Planning Commission to be necessary to conceal the loading and unloading operations from view.

   (d)   Exterior building material.

      (1)   Unfinished or unpainted non-decorative concrete block shall not be used on any exterior wall.

      (2)   Metal siding shall not be used on any wall facing a public street or a residential district. If metal siding is utilized on any remaining wall, it shall be subject to the approval of Planning Commission.

      (3)   A combination of brick, masonry, glass, architectural metal wall panels, or other suitable building materials shall be used on the front facade of the building, subject to the Planning Commission approval.

(Ord. 2004-155, passed 1-10-2005; Ord. 2015-89, passed 9-28-2015)

   Accessory permitted uses shall be limited to those set forth as follows:

   (a)   Any accessory use customarily incidental to a principal permitted use; and

   (b)   A dwelling unit for the family of a watchman, caretaker, guard or operator provided that the dwelling unit is located on a tract used for an industrial purpose and within a building used primarily for an industrial purpose, where the dwelling unit occupies no more than 25% of the lot area, and does not exceed one-third of the area of the whole building. The dwelling unit shall be occupied only by the watchman, caretaker, guard or operator employed by the individual, firm or corporation which owns, rents, leases or operates the industrial use located on the tract.

   (c)   The storage, handling, and distribution of flammable and combustible liquids shall be limited to a 10,000 gallon aggregate capacity at any one time.

   (d)   The storage, handling, and distribution of flammable gases shall be limited to a 2,000 gallon aggregate capacity at any one time.

(Ord. 98-104, passed 9-14-1998; Ord. 2016-54, passed 4-11-2016)

   (a)   It is the purpose of the I-2 District to create industrial areas that will be acceptable within the city and will not adversely affect adjacent business or residential neighborhoods by permitting industrial establishments which are either:

      (1)   Ones whose operations are relatively free from objectionable influences; or

      (2)   Ones whose objectionable features will be obviated by design and/or appropriate devices.

   (b)   In the interest of general health and welfare, residential and certain institutional uses are not permitted within this district.

(Ord. 98-104, passed 9-14-1998)

   No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses:

   (a)   Manufacturing. An industrial use which ordinarily uses heavy machinery, requires both buildings and open area for manufacturing, fabricating, processing, heavy repairing, dismantling, storage or disposal of raw materials, manufactured products and wastes, which is not injurious to health or safety of humans or animals or injurious to vegetation; and which is not noxious or offensive by reason of the emission of smoke, dust, gas fumes, odors or vibrations beyond the limits of the premises upon which the industry is conducted;

   (d)   Cellular or wireless communications systems. See Chapter 1188 for additional requirements;

(Ord. 99-132, passed 10-11-1999; Ord. 2004-155, passed 1-10-2005; Ord. 2016-54, passed 4-11-2016)

   (e)   Automobile repair shops. Automobile repair shops performing major repair work, including automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work; and

   (f)   General offices. General offices directly associated with related operations on-site. The square footage of the office cannot exceed 50% of the square footage of the footprint of the entire facility.

(Ord. 99-132, passed 10-11-1999; Ord. 2004-155, passed 1-10-2005; Ord. 2016-54, passed 4-11-2016; Ord. 2017-52, passed 5-15- 2017)

   Prohibited uses are as follows:

   (a)   Residential. Dwellings, dwelling units and residences of any kind, including hotels, motels, rooming houses, tourist homes, and bed and breakfast and guest houses;

   (b)   Institutional. Schools, orphanages, child day-care centers, churches, homes for the aged and similar institutions for human care; and

   (c)   Business. Those businesses authorized for central business districts, shopping center districts and road service districts.

(Ord. 98-104, passed 9-14-1998)

   The following development standards shall apply to I-2 Districts:

   (a)   Development standards.

 

   (b)   Off-street parking and loading. Off-street parking and loading facilities shall be provided as specified in Chapter 1175.

   (c)   Storage and unloading. All outside operations and storage of raw materials and/or manufactured products shall be behind the rear of the building and shall be sufficiently screened from view from the roadway and adjoining properties as determined by the Planning Commission to be necessary to conceal the operation and storage from view. Loading and unloading operations shall be conducted in the rear or side of the building and shall be sufficiently screened from view from the roadway and adjoining properties as determined by the Planning Commission to be necessary to conceal the loading and unloading operations from view.

   (d)   Exterior building material.

      (1)   Unfinished or unpainted non-decorative concrete block shall not be used on any exterior wall.

      (2)   Metal siding used on any wall shall be subject to the approval of Planning Commission.

      (3)   A combination of brick, masonry, glass, architectural metal wall panels, or other suitable building materials shall be used on the front facade of the building, subject to Planning Commission approval.

(Ord. 2004-155, passed 1-10-2005; Ord. 2015-89, passed 9-28-2015)

   Accessory permitted uses shall be limited to those set forth as follows:

   (a)   The storage, handling, and distribution of flammable and combustible liquids shall be limited to a 10,000 gallon aggregate capacity at any one time.

   (b)   The storage, handling, and distribution of flammable gases shall be limited to a 2,000 gallon aggregate capacity at any one time.

(Ord. 2016-54, passed 4-11-2016)

   Article XVIII, § 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety and general welfare of its citizens. Therefore, the City Council does ordain as follows in this chapter.

(Ord. 2010-110, passed 11-1-2010)

   The City of Mason has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.

(Ord. 2010-110, passed 11-1-2010)

   It is the purpose of these regulations to promote the public health, safety and general welfare, and to:

   (a)   Protect human life and health;

   (b)   Minimize expenditure of public money for costly flood control projects;

   (c)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

   (d)   Minimize prolonged business interruptions;

   (e)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

   (f)   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;

   (g)   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

   (h)   Minimize the impact of development on adjacent properties within and near flood prone areas;

   (i)   Ensure that the flood storage and conveyance functions of the floodplain are maintained;

   (j)   Minimize the impact of development on the natural, beneficial values of the floodplain;

   (k)   Prevent floodplain uses that are either hazardous or environmentally incompatible; and

   (1)   Meet community participation requirements of the National Flood Insurance Program.

(Ord. 2010-110, passed 11-1-2010)

   In order to accomplish their purposes, these regulations include methods and provisions for:

   (a)   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

   (b)   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;

   (c)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

   (d)   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and

   (e)   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. 2010-110, passed 11-1-2010)

   These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Mason as identified as the Floodplain Overlay District and in § 1169.06, including any additional areas of special flood hazard annexed by City of Mason. The Floodplain Overlay District map is on file at the City of Mason Municipal Center located at 6000 Mason-Montgomery Road, Mason, Ohio 45040.

(Ord. 2010-110, passed 11-1-2010)

   (a)   For the purposes of these regulations, the following studies and/or maps are adopted:

      (2)   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard, including the 500-year floodplain and floodway.

      (3)   Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the State of Ohio which has been approved by the City of Mason as required by § 1169.27 Subdivisions and Large Scale Developments.

   (b)   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the City of Mason Municipal Center located at 6000 Mason-Montgomery Road, Mason, Ohio 45040.

(Ord. 2010-110, passed 11-1-2010)

   These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not impair any deed restriction covenant or easement but the land subject to such interests shall also be governed by the regulations.

(Ord. 2010-110, passed 11-1-2010)

   In the interpretation and application of these regulations, all provisions shall be:

   (a)   Considered as minimum requirements;

   (b)   Liberally construed in favor of the governing body; and

   (c)   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.

(Ord. 2010-110, passed 11-1-2010)

   The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Mason, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

(Ord. 2010-110, passed 11-1-2010)

   Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 2010-110, passed 11-1-2010)

   Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.

   BASE (100-YEAR) FLOOD ELEVATION (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from one to three feet).

   ENCLOSURE BELOW THE LOWEST FLOOR. See “Lowest Floor.”

      (1)   The overflow of inland or tidal waters, and/or

      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.

   FLOOD HAZARD BOUNDARY MAP (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.

      (1)   The City of Mason requires no more than 0.10 feet rise at any point within the community as shown on the Floodplain Overlay District.

      (2)   The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

      (3)   Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.

      (4)   Individually listed on the inventory of historic places maintained by the Mason Historic Society whose historic preservation program has been certified by the Ohio Historic Preservation Office.

   LETTER OF MAP CHANGE (LOMC). A letter of map change is an official FEMA determination, by letter, to amend or revise effective flood insurance rate maps, flood boundary and floodway maps, and flood insurance studies. LOMCs are broken down into the following categories:

      (1)   Built on a single chassis;

      (2)   400 square feet or less when measured at the largest horizontal projection;

      (3)   Designed to be self-propelled or permanently towable by a light duty truck; and

      (4)   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

   SPECIAL FLOOD HAZARD AREA. Also known as “Areas of Special Flood Hazard”, it is the land in the floodplain subject to a 1% or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on flood insurance rate maps, flood insurance studies, flood boundary and floodway maps and flood hazard boundary maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures, which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include:

      (1)   Any improvement to a structure that is considered “new construction,”

      (2)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

      (3)   Any alteration of a “historic structure,” provided that the alteration would not preclude the structure's continued designation as a “historic structure”.

(Ord. 2010-110, passed 11-1-2010)

   The City Manager or official designee for the City of Mason is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

(Ord. 2010-110, passed 11-1-2010)

   The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

   (a)   Evaluate applications for permits to develop in special flood hazard areas.

   (b)   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

   (c)   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.

   (d)   Inspect buildings and lands to determine whether any violations of these regulations have been committed.

   (e)   Make and permanently keep all records for public inspection necessary for the administration of these regulations including flood insurance rate maps, letters of map amendment and revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.

   (f)   Enforce the provisions of these regulations.

   (g)   Provide information, testimony, or other evidence as needed during variance hearings.

   (h)   Coordinate map maintenance activities and FEMA follow-up.

   (i)   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

(Ord. 2010-110, passed 11-1-2010)

   It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in § 1169.06, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.

(Ord. 2010-110, passed 11-1-2010)

   An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his or her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:

   (a)   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

   (b)   Elevation of the existing, natural ground where structures are proposed.

   (c)   Elevation of the lowest floor, including basement, of all proposed structures.

   (d)   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.

   (e)   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

      (1)   Floodproofing certification for non-residential floodproofed structure as required in § 1169.29.

      (2)   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of § 1169.28(e) are designed to automatically equalize hydrostatic flood forces.

      (3)   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in § 1169.33 (c).

      (4)   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no flood way as required by § 1169.33(b).

      (5)   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by § 1169.33(a).

      (6)   Generation of base flood elevation(s) for subdivision and large-scale developments as required by § 1169.27.

   (f)    A floodplain development permit application fee set by the schedule of fees adopted by the City of Mason.

(Ord. 2010-110, passed 11-1-2010)

      (1)   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in § 1169.15 has been received by the Floodplain Administrator.

      (2)   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

(Ord. 2010-110, passed 11-1-2010)

   The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

(Ord. 2010-110, passed 11-1-2010)

   The following as-built certifications are required after a floodplain development permit has been issued:

   (a)   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner’s representative.

   (b)   For all development activities subject to the standards of § 1169.21(a), a letter of map revision.

(Ord. 2010-110, passed 11-1-2010)

   A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with §§ 1169.34 through 1169.39, Appeals and Variances.

(Ord. 2010-110, passed 11-1-2010)

   (a)   An application for a floodplain development permit shall not be required for:

      (1)   Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.

      (2)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.

      (3)   Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.

      (4)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. § 3734.

      (5)   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.

   (b)   Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.

(Ord. 2010-110, passed 11-1-2010)

   To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Mason flood maps, studies and other data identified in § 1169.06 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

      (1)   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

         A.   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;

         B.   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;

         C.   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

         D.   Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with § 1169.27.

      (2)   It is the responsibility of the applicant to have technical data, required in accordance with § 1169.21(a), prepared in a format required for a conditional letter of map revision or letter of map revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

      (3)   The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:

         A.   Proposed floodway encroachments that increase the base flood elevation; and

         B.   Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

      (4)   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to § 1169.21(a)(1).

   (b)   Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of City of Mason, and may be submitted at any time.

(Ord. 2010-110, passed 11-1-2010)

   The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:

   (a)   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.

   (b)   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.

   (c)   When preliminary flood insurance rate maps and/or flood insurance study have been provided by FEMA:

      (1)   Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.

      (2)   Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

   (d)   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §§ 1169.34 through 1169.39, Appeals and Variances.

   (e)   Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.

(Ord. 2010-110, passed 11-1-2010)

   (a)   Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:

      (1)   Determine whether damaged structures are located in special flood hazard areas;

      (2)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and

      (3)   Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

   (b)   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.

(Ord. 2010-110, passed 11-1-2010)

   The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in § 1169.06 or § 1169.22(a).

(Ord. 2010-110, passed 11-1-2010)

      (1)   Private water supply systems in all special flood hazard areas identified by FEMA, permitted under R.C. § 3701.

      (2)   Infectious waste treatment facilities in all special flood hazard areas, permitted under R.C. § 3734.

(Ord. 2010-110, passed 11-1-2010)

   The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:

   (a)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

   (b)   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

   (c)   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

(Ord. 2010-110, passed 11-1-2010)

   (a)   All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations.

   (b)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

   (c)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

   (d)   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or five acres, whichever is less.

   (e)   The applicant shall meet the requirement to submit technical data to FEMA in § 1169.21(a)(1)(D) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by § 1169.27(d).

(Ord. 2010-110, passed 11-1-2010)

   (a)   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (§ 1169.28(a)) and construction materials resistant to flood damage (§ 1169.28(b)) are satisfied.

   (b)   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

   (c)   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

   (d)   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

   (e)   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:

      (1)   Be used only for the parking of vehicles, building access, or storage; and

      (2)   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or

      (3)   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

   (f)   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

   (g)   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of this § 1169.28.

   (h)   In AO Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

(Ord. 2010-110, passed 11-1-2010)

   (a)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of § 1169.28(a) through (c) and (e) through (h).

   (b)   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

      (1)   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;

      (2)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

      (3)   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency floodproofing certificate, that the design and methods of construction are in accordance with § 1169.29(b)(1) and (2).

   (c)   Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

(Ord. 2010-110, passed 11-1-2010)

   Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:

   (a)   They shall not be used for human habitation;

   (b)   They shall be constructed of flood resistant materials;

   (c)   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;

   (d)   They shall be firmly anchored to prevent flotation;

   (e)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and

   (f)   They shall meet the opening requirements of § 1169.28(e)(3).

(Ord. 2010-110, passed 11-1-2010)

   Recreational vehicles must meet at least one of the following standards:

   (a)   They shall not be located on sites in special flood hazard areas for more than 180 days, or

   (b)   They must be fully licensed and ready for highway use, or

   (c)   They must meet all standards of § 1169.28.

(Ord. 2010-110, passed 11-1-2010)

   All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

(Ord. 2010-110, passed 11-1-2010)

   Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:

      (1)    In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or

      (2)   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

         A.   Meet the requirements to submit technical data in § 1169.21(a);

         B.   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;