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Miamisburg City Zoning Code

CHAPTER 1271

MB-1 Mound Business District

1271.01 PURPOSE.

   The Mound Business Park District is designed to promote the health, safety and general welfare and orderly growth of Mound Business Park in order to create an employment-dense, clean, and functional business park; to codify that institutional controls have been imposed upon parcels within Mound Business Park (see Section 1271.11); to establish basic standards for structures, landscaping and other improvements on the properties within the Business Park which promote high quality, innovative and unified site design.
(Ord. 6758. Passed 1-15-19; Ord. 6869. Passed 2-16-21.)

1271.02 LANDS TO WHICH THESE REGULATIONS APPLY.

   (a)   Mound Business District. This chapter shall apply to all lands within the jurisdiction of the City as shown on the Official Zoning Map within the boundaries of the MB-1 - Mound Business Park District.
   (b)   District Designation.
      (1)   This district shall be designated as the MB-1 District on the Official Zoning Map of the City of Miamisburg.
      (2)   Uses and minimum development requirements in the MB-1 District shall be determined by the district regulations. In the event of a conflict between the MB-1 District regulations and other regulations contained in this Zoning Code, the more restrictive regulation shall apply.
(Ord. 6758. Passed 1-15-19.)

1271.03 PERMITTED USES.

   The following uses shall be generally-permitted in the MB-1, unless specifically called out as special uses:
   (a)   Industrial.
      (1)   Industrial or scientific research, design, and testing centers, together with related research and engineering laboratories and office buildings to accommodate executive, administrative, professional, accounting, engineering, architectural, and support personnel.
      (2)   Manufacturing that uses advanced or leading technology in the manufacturing process excluding the uses prohibited under Section 1271.04.
      (3)   Food research, pharmaceutical research, and similar operations including pilot or experimental product development excluding those prohibited under Section 1271.04.
      (4)   Telecommunications companies engaged in electronic transfer, routing, and processing of information.
      (5)   The manufacture or assembly of general, precision, medical, dental, and optical instruments and goods; fabrication of plastic, metal, and rubber products; and tools, hardware, and cutlery.
      (6)   The manufacturing, compounding, fabrication, assembling, or treatment of articles or goods from previously prepared materials, such as: cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass hair, horn, leather, paper, precious or semi-precious metals or stones, shell, textiles, tobacco, yarns, wax, wire, and wood (excluding saw and planing mills, mulching operations, and similar enterprises).
      (7)   The manufacturing, compounding, fabrication, processing, packaging, treatment, or fabrication of such products as: bakery goods, business machinery, clocks, toys, cosmetics, electrical and electronic products, components and equipment, food products, tools, die gauges, machine shop products, pharmaceuticals, candy, and food products; ceramics and pottery; cosmetics and dies; and clothing, jewelry, and apparel accessories.
      (8)   The manufacture or assembly of electrical appliances, electrical and electronic equipment, electronic instruments or precision devices, including the manufacture of parts for such devices.
      (9)   Printing, lithography, blueprinting, and similar uses.
      (10)   Warehouses and wholesale establishments, exclusive of truck terminals and distribution centers, and exclusive open storage of any kind.
      (11)   Light sheet metal products fabrication, including heating and ventilating equipment.
   (b)   Office.
      (1)   Data processing and computer centers, including electronic data processing and computer equipment service establishments such as IT support services.
      (2)   General office buildings and uses, provided that goods are not exchanged or sold on the premises.
      (3)   Electronic data processing and computer centers.
      (4)   Business, professional, and administrative offices.
      (5)   Call centers and dispatch centers.
      (6)   Trade schools, colleges and universities for individuals aged 18 or older (Special Use).
   (c)   Civic.
      (1)   Museums (Special Use).
(Ord. 6758. Passed 1-15-19; Ord. 6869. Passed 2-16-21.)

1271.04 PROHIBITED USES.

   The following uses are prohibited in the MB-1 District. The absence of a use from this section shall not imply that said use is permitted in the MB-1 District. This list is intended to serve as a guide, not an exhaustive list of prohibited uses:
   (a)   Retail building material sales, including establishments which sell hardware, glass, paint, and lumber, and which may require outdoor retail or wholesale display or sales areas.
   (b)   Yards of general contractors and construction yards.
   (c)   Outdoor storage as a principal or major accessory use.
   (d)   Classification yards.
   (e)   Team tracks and depots.
   (f)   Sawing and planing mills.
   (g)   Meat packing.
   (h)   Asphalt or asphalt product manufacturing and/or handling.
   (i)   Bulk storage stations for liquids, acids and/or petroleum products.
   (j)   Metal buffing, plating and polishing shops; millwork and planing mills; painting shops; and welding shops.
   (k)   Mini-storage or self-storage facilities of any kind or size, whether for rent or sale.
   (l)   Truck, tractor, equipment and trailer sales, rental and/or repair.
   (m)   Truck terminals, truck plazas, truck stops.
   (n)   Food research, handling, preparation and packaging of fish, sauerkraut, vinegar, yeast, and rendering or refining of fats and oils.
   (o)   Drive-in theaters.
   (p)   Daycare centers (child or adult), as accessory or principal uses.
   (q)   Junk, scrap, wrecking yards, or salvage yards of any kind.
   (r)   Automobile service garages and/or automobile repair garages.
   (s)   Petroleum refining, petroleum storage.
   (t)   Sewage disposal plants and landfills.
   (u)   Coal, coke, and fuel yards.
   (v)   Cement, lime, gympsum, or plaster manufacturing.
   (w)   Distillation of bone, coal, tar, petroleum, refuse, grain or wood.
   (x)   Fertilizer manufacturing.
   (y)   Compost or storage of garbage, offal, dead animals, refuse, or rancid fats.
   (z)   Incineration, glue manufacturing, size or gelatin manufacturing where the processes include the refining or recovery of products from animal refuse or offal.
   (aa)   Livestock feeding yards, slaughtering of animals, or stock yards.
   (bb)   Petroleum or asphalt refining or manufacturing.
   (cc)   Smelting or refining of metals from ores.
   (dd)   Steam board hammers and forging presses.
   (ee)   Storage, curing and tanning of raw, green, or salted hides or skins.
   (ff)   Manufacturing involving the use of sulphurous, sulphuric, nitric, picric, carbolic, hydrochloric or other corrosive acids.
   (gg)   Residential uses of any kind.
   (hh)   Agricultural uses of any kind.
   (ii)   Community centers, playgrounds and any other recreational facilities for children less than 18 years or age.
   (jj)   Outdoor production and manufacturing.
   (kk)   Medical clinics and offices.
   (ll)   Hospitals.
(Ord. 6758. Passed 1-15-19; Ord. 6869. Passed 2-16-21.)

1271.05 LOT REQUIREMENTS.

   (a)   Lot requirements in the MB-1 District are as follows:
      (1)   Minimum lot area         None
      (2)   Minimum lot frontage      100 feet
   (b)   Special uses shall comply with all pertinent development standards contained in Chapter 1296.
(Ord. 6758. Passed 1-15-19.)

1271.06 YARD REQUIREMENTS.

   (a)   Yard requirements in the MB-1 District are as follows:
      (1)   Minimum front yard depth: At the discretion of the Planning Commission when looking at the surrounding characteristics and the proposed site design. All frontage and foundation landscaping requirements must be met and no sight distance issues may be created by building placement.
      (2)   Minimum rear yard depth: See subsection (c) hereof.
      (3)   Minimum side yard width: See subsection (c) hereof.
   (b)   Special uses shall comply with all pertinent development standards contained in Chapter 1296.
   (c)   Equal to the height of the principal building. If adjacent lots are commercially or industrially-developed, side and rear yard requirements shall be at the discretion of the Planning Commission. Where a side or rear yard abuts upon a residential district or use, said side or rear yard shall in no case be less than 100 feet. Also refer to Section 1271.10(b)(4) for screening and buffering requirements within side and rear yard areas.
(Ord. 6869. Passed 2-16-21.)

1271.07 STRUCTURAL REQUIREMENTS.

   Structural Requirements. Structural requirements in the MB-1 District are as follows:
   (a)   Maximum Building Height. As approved by the Planning Commission. Single-story buildings shall be limited to 45 feet in height while the Planning Commission may approve increases in the maximum height requirements for buildings exceeding 45 feet in height that contain more than three occupiable stories at an average height increase of 15 feet in height per story above the first three stories.
   (b)   Architectural Standards. The following architectural standards shall apply to development in the MB-1 District:
      (1)   Facade materials. Building facades shall be constructed with durable, long lasting materials. Unacceptable facade building materials as principal facade elements include: exterior insulation finish systems (EFIS), such as Dry-vit, Sto-Wall and other brands, imitation wood, plain concrete block and unadorned tilt up panel. Corrugated steel siding is also prohibited on new construction - such siding is permissible when expanding an existing steel-sided structure provided such additions are appropriately designed and not easily visible from any public right-of-way. The Planning Commission may approve steel siding on rear building elevations provided that such materials are designed appropriately and not easily visible from any public right-of-way. "Designed appropriately" is defined as steel siding that, if corrugated, has a shallow corrugation (=/<1/8 of an inch), is colored appropriately to match the remainder of the structure and is screened from view from public rights-of-way with evergreen and deciduous vegetation to the extent deemed necessary by the Planning Commission based upon the proposed site design and existing characteristics of the surrounding area.
      (2)   Glass. The use of glass is encouraged on front facades and should comprise a minimum of 25% of the first floor of buildings elevations facing a public right-of-way.
      (3)   Main building entrances. Public entrances shall be inviting and pronounced with lighting; high quality building materials; and architectural elements that draw the eye to the opening such as decorative transoms, columns, recesses, canopies or protrusions.
      (4)   Break long, flat walls. Where building with long continuous walls are oriented to the street, the use of contrasting architectural features is encouraged to provide visual relief and break the building mass at regular intervals.
      (5)   Accents. The use of building accents such as recesses, offsets, arches, canopies, raised parapets over doors, etc. that accent public and primary entrances to buildings are encouraged.
      (6)   Rooftop mechanical equipment shall be screened with roof form.
(Ord. 6869. Passed 2-16-21.)

1271.08 PARKING AND LOADING REQUIREMENTS.

   See Chapter 1292 for off-street parking and loading space requirements.
(Ord. 6869. Passed 2-16-21.)

1271.09 SIGNS.

   For sign standards, refer to the sign design standards applicable to the RO-1, I-1, and I-2 Zoning Districts in Chapter 1293 of the Planning and Zoning Code.
(Ord. 6869. Passed 2-16-21.)

1271.10 INSTITUTIONAL CONTROLS.

   (a)   Site Plan Review. Site plan review is required for all development activities in the MB-1 Zoning District in accordance with Chapter 1294.
   (b)   Landscaping Standards. Landscaping has a significant impact on the quality of the environment. In addition to visual appeal, landscaping provides an essential buffer and screen for undesirable features such as parking lots and utility features. In addition to other landscaping and screening standards elsewhere in the Miamisburg Planning and Zoning Code, the following landscaping requirements are applicable to all properties within the MB-1 District:
      (1)   General requirements. As a general guideline, a consistent landscape program is encouraged throughout Mound Business Park, including a mix of evergreen trees, canopy trees, ornamental trees, shrubs, and flowering ground covers to provide an inviting environment for employees and guests of Mound Business Park.
      (2)   Landscaping adjacent to rights-of-way (Mound Road and Benner Road). Due to Mound Road and Benner Road having much greater visibility in the community relative to the other streets within Mound Business Park, more stringent landscaping standards for both screening and beautification purposes are required for these road frontages. A minimum screen height is also established to screen parking lots and uses from surrounding properties. The tables below depict the landscaping standards for both the Mound Road and Benner Road frontages:
TABLE 1271.10 - 1 Landscaping and Screening Requirements along Mound Road
 
Mound Road
Use
Minimum Buffer Width
Minimum Screen Height
Minimum Plant Materials
Office, Business
20 feet
30 inches
1 Group A tree every 40 feet OR 1 Group B tree every 30 feet
AND
10 shrubs for every 100 lineal feet*
Industrial
20 feet
30 inches
1 Group A tree every 40 feet OR 1 Group B tree every 30 feet
AND
10 shrubs for every 100 lineal feet*
 
   *shrub plantings shall grow into a continuous hedge meeting the minimum screen height requirement.
TABLE 1271.10 - 2 Landscaping and Screening Requirements along Benner Road
 
Benner Road
Use
Minimum Buffer Width
Minimum Screen Height
Minimum Plant Materials
Office, Business
35 feet
30 inches
1 Group A or B tree 20 lineal feet
AND
10 shrubs for every 100 lineal feet*
Industrial
35 feet
30 inches
1 Group A or B tree every 15 lineal feet
AND
10 shrubs for every 100 lineal feet*
 
   *shrub plantings shall grow into a continuous hedge meeting the minimum screen height requirement.
      (3)   Landscaping adjacent to other rights-of-way. Landscaping adjacent to other public rights-of-way shall meet the streetscape landscaping standards of Chapter 1290 of this Code.
      (4)   Landscape buffers between properties. The intent of bufferyards is to reserve an appropriate area to:
         A.   Screen different uses of land;
         B.   Screen parking lots from adjacent properties; and
         C.   Enhance the long-term attractiveness and vitality of Mound Business Park as an attractive employment center. Buffer yards with required landscaping and screening materials shall be provided adjacent to perimeter boundaries and between individual lots as specified in the following table:
TABLE 1271.10 - 3 Types of Bufferyards Required Between Properties
 
PROPOSED USE
ADJACENT TO
Single or Two-Family Residential   
Office Use/District
General Business Use/District
Industrial Use/District
Office/Business
C
A
A
B
Industrial
D
B
B
A
 
TABLE 1271.10 - 4 Specific Requirements within Bufferyards Between Properties
 
BUFFER ZONE
Minimum Buffer Width
Minimum Screen Height
Minimum Plant Materials
A
10 feet
--*
1 deciduous (Group A) or evergreen tree (Group C) per every 40 lineal feet
B
20 feet
--*
1 tree (Group A or C) per 25 lineal feet with a minimum of 40% evergreen trees
C
30 feet
5 feet**
1 tree (Group A or C) per 20 lineal feet with a minimum of 50% evergreen trees
D
40 feet
6 feet**
1 tree (Group A or C) per 15 lineal feet with a minimum of 70% evergreen trees
*   No minimum screen height is required unless the Planning Commission finds that screening is needed between similar uses that have varying degrees of density or land use intensity.
**   “Screens” for Buffer Zones C and D should be solid privacy fencing, not including slatted chain-link fences, unless an acceptable alternative is approved by the Planning Commission.
 
      (5)   Foundation plantings. Buildings constructed at Mound Business Park shall include foundation plantings around all front building elevations. The landscaping bed should directly abut the building and be a minimum of five feet in width and contain living plantings aesthetically located and maintained. Depending upon the mature size of proposed foundation plantings, the average spacing of such plantings should be one shrub or perennial for every one-to-three feet of frontage.
      (6)   Treatment of existing vegetation. Existing site topography and areas with substantial plant material, such as mature tree stands within required bufferyards, setbacks and required open spaces should be preserved to the greatest extent possible and integrated into the overall site design to preserve the natural character of Mound Business Park.
   (d)   Screening Standards. Proper placement of utility and service features enhances the effectiveness of screening. Mechanical equipment, trash receptacles, and loading areas shall be located to the rear or side of the site and should not be visible from any public right-of-way.
      (1)   Mechanical equipment such as transformers and HVAC should not be located in front yards. All mechanical equipment, including both ground mounted and roof mounted equipment, shall be screened from view from adjacent public and private rights-of-way, as well as from all property zoned or used for residential purposes, through the use of evergreen plantings, enclosures or a combination of the two.
      (2)   Trash receptacles shall be located within side or rear yards and be screened on three sides with durable building materials consistent in appearance and materials with that of the principal building. The fourth side shall be screened with an opaque gate with a lockable latch assembly. Bollards shall be provided to protect adjacent vehicles from gate over swing.
   (e)   Lighting Standards. The provision of sufficient lighting is an important design feature that affects the overall appearance of a site during the day and provides significant impact on the safety of property at night.
      (1)   All non-decorative lighting shall be fully cut-off lights that do not emit light rays at angles above the horizontal plane.
      (2)   Decorative, pedestrian scale lights are encouraged in areas of pedestrian activity. All decorative lights over ten feet in height shall be shielded to avoid light spillage onto adjacent properties and road rights-of-way.
      (3)   Unpainted or uncoated, bare metal light poles are prohibited.
      (4)   Light poles shall be consistent with the overall architectural theme of the site.
      (5)   Light poles adjacent to residential uses shall have a height cap of 16 feet and be fully cut-off and shielded from view from the adjoining residential property.
   (f)   Fencing Standards. In addition to the fencing standards of Chapter 1289, the following standards shall be applicable to properties located within the MB-1 Zoning District:
      (1)   Slatted chain-link fences are not permitted in the MB-1 District.
(Ord. 6869. Passed 2-16-21.)

1271.11 INSTITUTIONAL CONTROLS.

   (a)   The site of Mound Business Park operated from 1948 to 2003 as an integrated research, development, and production facility that supported the nation's weapons and energy programs, with emphasis on explosives and nuclear technology. The U.S. Department of Energy (DOE) conducted a 20-year, one billion dollar ($1,000,000,000) clean-up of the site that was overseen by the U.S. and Ohio Environmental Protection Agencies. Following this cleanup, the DOE implemented legally enforceable activity and use restrictions known as institutional controls (ICs) to ensure that the environmental remedies remain protective of human health and the environment. These ICs run with the land in the form of deed restrictions and/or environmental covenants recorded with Montgomery County. These institutional controls are on file with the City of Miamisburg, the U.S. Department of Energy and may also be found within the Declaration of Covenants and Restrictions recorded with Montgomery County.
   (b)   The DOE is responsible for monitoring and enforcing the ICs that limit site activities to industrial or commercial use (e.g., no residential or agricultural uses are permitted); prohibit the removal of soil from the original DOE site footprint without written approval from the regulators; prohibit the use of groundwater for any purpose without written approval from the regulators; and allow site access for federal and state agencies for sampling and monitoring. In addition, for the former DOE Technical (T) Building, ICs prohibit the removal of concrete floor materials to offsite locations and/or the penetration of floor materials in specified rooms of the building without written approval from the regulators.
(Ord. 6869. Passed 2-16-21.)