The City hereby establishes the following zoning districts to carry out the purpose of this code.

 

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2020-47, passed 10-6-2020)

   (a)   The districts established in Table 1204-1 of this code, and shown on the Official Zoning Map (hereafter referred to as the "zoning map"), together with all explanatory matter thereon, are hereby adopted as part of this code.

   (b)   The zoning map shall be identified by the signature of the President and Secretary of the Planning Commission and signature of the Mayor, attested by the Clerk of City Council, and bearing the Seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 1204.02: Official Zoning Map, of the City of Middletown Development Code," together with the date of the adoption of such code.

   (c)   Regardless of the existence of purported copies of the zoning map, which may be made or published, the Official Zoning Map, on file in the office of the Development Code Administrator, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City.

   (d)   If, in accordance with the provisions of this code, changes are made in district boundaries or other matter portrayed on the zoning map, such changes shall be entered on the zoning map promptly after the effective date of the amendment approved by City Council.

   (e)   In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, City Council may adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new zoning map may correct drafting errors or other omissions but shall not have the effect of amending the original code or any subsequent amendments thereto.

(Ord. O2018-02, passed 2-20-2018)

   (a)   In any case where property has not been included within a zoning district, such property shall be considered to be in the R-2 Low-Density Residential District until otherwise classified.

   (b)   All property hereafter annexed to the City shall retain the zoning classification which it bore under applicable county or township zoning regulations until City Council either officially adopts such existing zoning classification or a new zoning classification for such property, in accordance with § 1226.03.

(Ord. O2018-02, passed 2-20-2018)

   (a)   Where an amendment to the zoning map is accompanied by a legal description of the zoning boundary, that legal description shall be interpreted as the official zoning boundary line, regardless of the accuracy of the zoning boundary line drawn on the zoning map.

   (b)   Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply:

      (1)   Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline.

      (2)   Boundaries indicated as approximately following platted or deeded lot lines shall be construed as following such lot lines.

      (3)   Boundaries indicated as approximately following the municipal boundaries for the City of Middletown shall be construed as following such City limits.

      (4)   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

      (5)   Boundaries indicated as following low-water mark of rivers or streams shall be construed to follow such low-water marks, and in the event of change in the low-water mark shall be construed as moving with the actual low-water mark; boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerline.

      (6)   Boundaries indicated as parallel to or extensions of features indicated in divisions (b)(1) through (b)(5) above shall be so construed.

      (7)   Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

      (8)   Where physical or cultural features existing on the ground are at variance with those shown on the zoning map, or in other circumstances not covered by divisions (b)(1) through (b)(6) above, the Development Code Administrator shall interpret the district boundaries, appealable to the BZA.

(Ord. O2018-02, passed 2-20-2018)

   There are properties within the City designated as historic landmarks or located in historic overall districts. Historic Districts in the City are identified on the City Zoning Map as an Overlay District. Any alterations to the buildings, structures, or site for properties designated as a Historic Landmark or located in one of the City's Historic Districts or Historic Conservation District Overlays may be subject to a certificate of appropriateness review as identified in Section 1226.08. For additional information, see Chapter 1212: Historic Preservation.

(Ord. O2018-02, passed 2-10-2018; Am. Ord. O2020-47, passed 10-6-2020)

   Some of the zoning district names and abbreviations established within this code differ from previous versions of this code. In instances where there may be references to the previous zoning district nomenclature, Table 1204-2 identifies how each of the previous zoning districts were renamed or changed for this code. This section shall only be used for comparison purposes only and is not an official representation of the previously applicable zoning district.

 

(Ord. O2018-02, passed 2-20-2018)

   (a)   General requirements.

      (1)   The following subsection establishes the purpose statement for each of the zoning districts and some district-specific regulations.

      (2)   In addition to all standards established within this chapter, development within the zoning districts shall also be subject to § 1204.10, and any other applicable standards of this code.

      (3)   Zoning verification. Upon request, a zoning verification letter can be issued by the Development Code Administrator for a zoning inquiry for a property or properties.

   (b)   District purpose statements.

      (1)   R-1: Suburban Residential District. The purpose of the R-1 Suburban Residential District is to provide for low-density suburban or rural residential development to provide for larger lot housing options within the municipal boundaries that may or may not be served by a complete range of public infrastructure.

      (3)   R-3: Medium-Density Residential District. The purpose of the R-3 Medium-Density Residential District is to provide for moderate density, single-family residential uses in an urban setting which are served completely by public infrastructure adequate for the applicable density of development.

      (4)   R-4: Attached Residential District. The purpose of the R-4 Attached Residential District is to provide for moderate to high-density single family residential development, generally located in the core area of the City and that reflects the historic urban development pattern in and around Downtown Middletown.

      (5)   O-1: Office District. The purpose of the O-1 Office District is to provide for areas of general office and non-retail commercial uses that support community needs within small-scale developments. This district may also serve as a land use transition between residential uses and higher intensity uses such as commercial uses and high volume streets.

      (6)   O-2: Office Park District. The purpose of the O-2 Office Park District is to accommodate professional, institutional, management, research, commercial, and related uses in a professional, commercial park setting adjacent to arterial streets and the interstate system.

      (7)   B-1: Neighborhood Business District. The purpose of the B-1 Neighborhood Business District is to provide for areas of the City that may contain small-scale commercial, service, and office uses that provide access to the day-to-day goods and services local residents and businesses require but that is at a much smaller scale than the more intense business districts. This district is intended to be located in close proximity to residential neighborhoods to allow for ease of access to the goods and services.

      (8)   B-2: Community Business District. The purpose of the B-2 Community Business District is to provide for areas of the City that will contain a wide variety of commercial and office uses to meet the needs of the City and region that require access to major arterial streets and are in close proximity to major residential neighborhoods.

      (9)   B-3: General Business District. The purpose of the B-3 General Business District is to provide for intense commercial and office development in close proximity to the interstate and high volume streets that can provide needed goods and services to residents of the City, region, and beyond. Such district is most appropriately located adjacent to freeway interchanges and along major streets.

      (10)   BC: Business Center District.

         A.   Overall purpose. The overall purpose of the BC District, including all subdistricts, is to:

            1.   Create an attractive environment that appeals to a range of businesses that will increase and diversify the City's job and tax base;

            2.   Create a dynamic, mixed-use business center located at the City's main Interstate 75 interchange;

            3.   Encourage offices and related uses as the dominant use throughout the BC District;

            4.   Allow limited retail, service, entertainment, residential, and civic uses that support office development and create a dynamic district;

            5.   Provide areas for light industrial development that complement the full range of business opportunities in the BC District;

            6.   Encourage high-quality building and site appearance as viewed along public and private streets and throughout the site;

            7.   Promote preservation and provision of landscaped and natural areas in order to:

               a.   Provide transitions between land uses;

               b.   Create an attractive environment that encourages economic development; and

               c.   Provide environmental benefits such as pollution abatement, erosion and runoff control, energy conservation, minimization of flood hazards and continued maintenance of ecological systems.

            8.   Create a high-density, mixed-use core surrounded by lower-density subdistricts;

            9.   Provide for safe and efficient movement of vehicles and pedestrians; and

            10.   Encourage pedestrian activity without sacrificing automobile convenience.

         B.   BC-I: Business Center Interchange Subdistrict. The purpose of the BC-I Subdistrict is to:

            1.   Accommodate mixed commercial, hospitality and entertainment uses that serve the overall BC District, the City as a whole, and the region;

            2.   Create attractive views from I-75 into the BC District; and

            3.   Create a pedestrian-scale environment through building and parking lot placement and design.

         C.   BC-H: Business Center Hub Subdistrict. The purpose of the BC-H Subdistrict is to:

            1.   Create an urban, mixed-use core that serves as the vibrant hub of the BC District;

            2.   Encourage signature architecture and landscaping treatment; and

            3.   Create an urban, pedestrian-scale environment through building height and building and parking lot placement and design.

         D.   BC-O: Business Center Office Subdistrict. The purpose of the BC-O Subdistrict is to:

            1.   Encourage development comprised primarily of office and medical uses;

            2.   Create a more open, campus-like environment with greater automobile convenience than the BC-H Subdistrict; and

            3.   Allows for the integration of multi-family residential buildings and dwellings above non-residential uses.

         E.   BC-R: Business Center Residential Subdistrict. The purpose of the BC-R Subdistrict is to:

            1.   Create an open, campus-like environment with lower building heights than the BC-O Subdistrict;

            2.   Provide for professional housing located close to an employment center;

            4.   Provide for limited, supportive neighborhood retail.

         F.   BC-F: Business Center Flex Subdistrict. The purpose of the BC-F Subdistrict is to:

            1.   Provide for light, clean industrial uses that complement the remaining business uses throughout the BC District; and

            2.   Allow limited residential development and protect existing and future residential areas from the impacts of industrial development.

      (11)   UC: Urban Core District.

         A.   Overall purpose. The overall purpose of the UC District, including all subdistricts, is to:

            1.   Encourage, support and enhance Downtown Middletown as the civic and cultural center of Middletown and as a vibrant and attractive urban neighborhood;

            2.   Encourage quality and variety in building design as well as compatibility in use and form;

            3.   Protect and enhance historic, cultural and architectural resources; and

            4.   Create and enhance pedestrian-oriented streets to preserve retail vitality and improve the quality of life for downtown workers, visitors, and residents.

         B.   UC-C: Urban Core Central Subdistrict. The purpose of the UC-C Subdistrict is to encourage, support and enhance Downtown Middletown as a mixed-use, high-intensity urban district and a center of retail, service, entertainment, office, government and urban residence. The UC-C Subdistrict encourages pedestrian-oriented retail or eating, drinking and entertainment establishments on the ground floor and residential on upper floors of buildings, but also allows service, office, institutional and recreational uses.

         C.   UC-S: Urban Core Support Subdistrict. The purpose of the US-S Subdistrict is to maintain and enhance Downtown Middletown by providing areas for office, institutional and residential uses that support Central District uses and provide a transition between the high-intensity UC-C Subdistrict and surrounding residential neighborhoods. The UC-S District allows residential (including single family), some service, office, institutional, and recreational uses.

      (12)   I-1: Industrial Park District. The purpose of the I-1 Industrial Park District is to provide areas for the development of industrial uses that have a minimum impact upon the surrounding environment. This district is primarily designed to accommodate the retention and expansion of existing industrial type uses which can be operated in a clean and quiet manner, subject only to those regulations and performance standards necessary to prohibit congestion and for the protection of adjacent residential and business activity areas.

      (13)   I-2: General Industrial District. The purpose of the I-2 General Industrial District is to accommodate a broad range of industrial activities, diverse in products, operational techniques, and size which have a greater potential impact upon their environment and surrounding neighborhoods than those permitted in the I-1 District.

      (14)   PI: Public and Institutional District. The purpose of the PI District is to establish and protect sites for various governmental, institutional, educational, or other public or quasi-public uses that are integral parts of the community while also ensuring compatibility with the surrounding neighborhoods and minimizing traffic congestion.

      (15)   PD: Planned Development District.

         A.   Purpose.

            1.   The purpose of the PD Planned Development District is to provide an opportunity for creative and flexible land development where a base zoning district will not accommodate the proposed development but where such development will further the purpose of this code and the goals and policies of the master plan.

            2.   The PD District is designed to allow for deviations from certain zoning standards that would otherwise apply if not contrary to the general spirit and intent of this code.

         B.   Location, applicability, and review procedure.

            1.   A PD District may be established in any area of the City following review and approval of the plans in accordance with § 1226.04 with all other applicable sections of the code.

            2.   The minimum site area for a PD application shall be five acres unless the applicant can demonstrate that the proposed project is of such a unique situation as to warrant review as a PD rather than through the zoning map amendment process or as a variance.

            3.   The PD process should not be used to address a nonconforming situation for a lot that will be used for a single building and/or use where the use is permitted but where such use does not comply with other applicable standards. Such situations should first be considered for a variance application.

         C.   Permitted uses.

            1.   The uses allowed in a PD District shall be limited to those use types allowed in the City as established in Table 1204-3.

            2.   The planned development approval shall include a list of uses that may be allowed in the subject planned development including any uses that may be substituted for the initially proposed development.

            3.   Unless otherwise allowed for in the approved plans, accessory uses associated with development in a PD shall be allowed in accordance with the following:

               a.   Accessory uses permitted in the R-1, R-2, and R-3 Districts shall be allowed for any single-family dwelling.

               b.   Accessory uses permitted in the R-4 District shall be allowed for any multi-family dwelling.

               c.   Accessory uses allowed in all nonresidential zoning districts shall be allowed for nonresidential uses.

               d.   Any allowed accessory uses shall still comply with the applicable accessory use standards established in § 1206.01.

         D.   Development standards.

            1.   Building and use arrangement.

               a.   The design and development standards set forth in this section are intended to encourage variety in the arrangement of uses and of the location, bulk, and shape of buildings, open space and landscape features.

               c.   Residential uses shall be located and arranged in such a manner as to be in close proximity to required open space or parks, whether within or adjacent to the development.

               d.   If topographical or other barriers within the perimeter of the development do not provide reasonable privacy for existing uses adjacent to the development, the Planning Commission may require additional screening to provide such privacy.

            2.   Traffic access and circulation.

               a.   The streets, sidewalks, and trails within the PD development shall be designed to fully accommodate both pedestrian and vehicular traffic in a safe and efficient manner without allowing the same to dominate and destroy the form of the area.

               b.   Driveways for group developments and local streets shall be connected to major arterial and collector streets at locations where the traffic can be controlled and operated effectively with minimum interference with the capacity of the major arterial and collector streets. The amount of traffic generated by commercial uses passing through residential areas shall be minimized.

            3.   Topography and general site design.

               a.   Planned developments shall be designed to take advantage of the topography of the land in order to utilize the natural contours, to economize on the construction of utilities to reduce the amount of grading and to maximize the conservation of trees and topsoil.

               b.   The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangement of buildings, open spaces and site features.

            4.   Density and bulk development standards. There shall be no minimum or maximum lot, setback, or density standards established within this district but the Planning Commission and City Council shall have the authority to approve or deny the proposed density and bulk regulations for a development based on the following:

               a.   The proposed density is comparable to similar development density in the neighborhood and/or on surrounding properties or developments. For the purposes of this definition, comparable density shall be defined as where the proposed density of the subject application does not exceed the density of an adjacent development with similar uses (e.g., single-family residential, multi-family residential, etc.) by more than 10%, as determined by the Planning Commission.

               b.   A higher density than adjacent development may be allowed for residential development if the proposed development will serve as a transition between an adjacent, lower-density development and a higher-density development or nonresidential development.

               c.   The PD process shall not be used to circumvent the architectural and design requirements for attached residential development identified in Chapter 1210: Architectural Standards.

               d.   Building separation shall be maintained in accordance with the requirements of the Fire Prevention Code and other safety codes of the City and in accordance with good design principles.

               e.   Every dwelling unit shall have access either to a public street, walkway, or other area dedicated to common use.

            5.   Improvement standards. Unless alternative standards are approved as part of the PD approval process, all PDs shall comply with the applicable subdivision improvement and design standards including, but not limited to, sidewalks, street design, drainage, and utilities.

            6.   Public parks and common open spaces. Public parks and common open space shall be provided in accordance with Chapter 1214: Parkland Dedication and Open Space.

      (16)   H-O: Hillside Overlay District.

         A.   Purpose. The purpose of the H-O District is to protect development in areas of the City with a slope of 10% or more from the potential hazards of soil erosion, slippage, landslides, and other hazards related to steep slopes. Furthermore, it is also the purpose of this district to protect viewsheds into and of the City.

         B.   District-specific regulations. In addition to any of the standards that apply to the base zoning district, the following standards shall apply to all development within the H-O District.

            1.   Applicability.

               a.   The H-O District shall apply to all areas having a total slope of 10% or more as designated on the zoning map.

               b.   No development shall occur within an area designated as an H-O District without approval of a certificate of zoning compliance in accordance with § 1226.12.

            2.   Permitted uses. All permitted principal, accessory, and temporary uses shall be controlled by the base zoning district unless otherwise modified by this section.

            3.   Development standards.

               a.   No building or structure shall obstruct any natural drainage channel or course without first receiving approval from the Planning Commission.

               b.   The certificate of zoning compliance application shall demonstrate that the proposed development shall create the least possible disturbance to natural grade and vegetation.

               c.   Any disturbance of the slope and/or soil shall be restored with the planting of native vegetation or other technique to prevent erosion and damage to properties lying at a lower elevation.

               d.   To the maximum extent feasible, the development of any area in an H-O District shall be so located on such lot that it will not interfere with the view from adjoining lots. To qualify under the terms of this section, a view or vista shall have such elevation or scope so as, in the opinion of the Planning Commission, to enhance or materially increase the value of a particular lot.

            1.   Maintain the historic fabric of the city;

            2.   Stabilize and increase property values;

            3.   Preserve and protect the character or valued features of established districts;

            4.   Maintain and enhance the distinctive character of historic buildings and areas;

            5.   Safeguard the heritage of the city by preserving districts and landmarks which reflect elements of its history, architecture, archaeology, engineering or culture;

            6.   Protect and enhance the city's attractions to current and prospective residents, businesses and tourists;

            7.   Facilitate reinvestment in and revitalization of certain districts and neighborhoods;

            8.   Facilitate and encourage economic development, public and private investment, and tourism in the city;

            9.   Reduce conflicts between new construction and existing development in established districts; and

            10.   To allow districts to work together with the City to formulate a plan that defines their neighborhood that is consistent with City zoning and the Master Plan.

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2018-44, passed 8-7-2018; Am. Ord. O2020-47, passed 10-6-2020)

   (a)   General provisions.

      (1)   Table 1204-3 lists the principal uses allowed within all base zoning districts.

      (3)   The principal uses allowed within an overlay zoning district shall be as permitted within the base zoning district with the exception that the overlay zoning district-specific regulations may prohibit certain uses otherwise allowed in the base zoning district or may establish additional standards for the establishment of certain uses.

   (b)   Explanation of table of permitted uses.

      (1)   Organization of table.  Table 1204-3 organizes the uses by use categories and use types.

         A.   Use categories. The use categories provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., household living, mixed use, eating and drinking establishment, etc.). The use categories then organize land uses and activities into specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

         B.   Use types. The use categories are divided into specific use types. The use types identify the specific uses that are considered to fall within characteristics identified in the broader use category. For example, single-family dwellings, two-family dwellings, and townhome clusters are some of the specific use types that fall under the "household living" use category.

         C.   Use categories and use types defined. All use categories and use types are defined in Chapter 1230: Definitions.

      (2)   Symbols in table. The symbols used in Table 1204-3 are defined as follows:

         A.   Permitted uses.

            1.   A "P" in a cell indicates that a use type is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable standards of this code.

            2.   Permitted uses are approved administratively by the Development Code Administrator through the certificate of zoning compliance procedure unless subject to additional review (e.g., certificate of appropriateness, alternative equivalent compliance, variance, etc.).

         B.   Permitted uses with standards.

            1.   A "PS" in a cell indicates that a use type is allowed by-right in the respective zoning district if it meets the additional standards as identified in the last column of Table 1204-3. Permitted uses with standards are subject to all other standards of this code.

            2.   Uses permitted with standards are approved administratively by the Development Code Administrator through the certificate of zoning compliance procedure unless subject to additional review (e.g., certificate of appropriateness, alternative equivalent compliance, variance, etc.).

         C.   Conditional uses.

            1.   A "C" in a cell indicates that a use may be permitted if approved by the Planning Commission through the conditional use review procedure (see § 1226.05). Conditional uses may be subject to use-specific standards as identified in the last column of Table 1204-3. Conditional uses are subject to all other applicable standards of this code.

            2.   The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any conditional use listed in the table shall be subject to the general review standards for all conditional uses established in § 1226.05(d).

         D.   Prohibited uses.

            1.   A "XX" in a cell indicates that a use is prohibited in the respective zoning district.

            2.   Any use that is not listed as a permitted use, permitted use with standards, or conditional use in a zoning district shall be prohibited in such district.

         E.   Use-specific standards. The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.

         F.   Use determination and unlisted uses.

            1.   The Development Code Administrator shall make the determination if a proposed use is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this chapter.

            2.   The Development Code Administrator may determine that a proposed use is substantially similar to a use that is permitted, permitted with standards, conditionally permitted, or prohibited in Table 1204-3 based on the proposed use activities, character of the business, similarity to existing uses within the City, or information on the use as may be available from third-party land use resources such as documentation from the American Planning Association, Urban Land Institute, or similar organizations. If the Development Code Administrator finds that the proposed use is substantially similar to a use established in Table 1204-3, the application shall be processed in the same manner as the similar use.

            3.   In finding that a proposed use is similar to a use established in Table 1204-3, the Development Code Administrator shall make a note of the similar use in the approved application form.

            4.   If the Development Code Administrator makes the determination that a use is prohibited, the application shall not be processed and the application fee shall be returned.

            5.   If the applicant disagrees with the Development Code Administrator's determination regarding the proposed use, the applicant may choose to take one of the following actions:

               a.   The applicant may appeal the determination of the Development Code Administrator to the BZA pursuant to § 1226.13; or

               b.   The applicant may present their case to the Planning Commission and/or City Council to request that the City initiate a text amendment to address the proposed use and applicable standards.