Milford City Zoning Code
TITLE FIVE
Zoning Districts
1141.01 PURPOSE.
The purpose of this Chapter is to establish zoning districts in order to realize the general purposes set forth in the preamble of this Zoning Ordinance, to provide for orderly growth and development, and to protect the property rights of all individuals by assuring the compatibility of uses and practices within districts.
(Ord. 99-1966. Passed 5-4-99.)
1141.02 ESTABLISHMENT OF DISTRICTS.
(a) The following zoning districts are hereby established for the City of Milford, Ohio:
"R-1" Large Lot Residential District
"R-2" Single Family Residential District
"R-3" Single Family Residential District
"R-4" Multi-Family Residential District
"R-5" Multi-Family Apartment Complex District
"B-1" Neighborhood Business District
"B-2" Downtown Mixed Use District
"B-3" General Business District
"B-5" Special Business District
"L-I " Light Industrial District
"PD" Planned Development District
"MRD" Milford River District
"O" Office District
"I" Institutional District
"F" Flood Plain District
(b) Nothing in this Chapter shall be construed to require the actual location of any district on the official Zoning Map, as it is the intent of this Zoning Ordinance to provide the flexibility in its administration to allow future expansion and emendation.
(Ord. 99-1966. Passed 5-4-99.)
1141.03 ZONING DISTRICT MAP.
The districts established in Section 1141.02, Establishment of Districts, as shown on the official Zoning Map, which, together with all data, references, explanatory material and notations thereon, are hereby officially adopted as part of this Zoning Ordinance and hereby incorporated by reference herein, thereby having the same force and effect as if herein fully described in writing. (Ord. 99-1966. Passed 5-4-99.)
1141.04 IDENTIFICATION OF OFFICIAL ZONING MAP.
The official Zoning Map shall be maintained by the Zoning Inspector, and shall remain on file in the office of the Clerk. The official Zoning Map shall control whenever there is an apparent conflict between the district boundaries as shown on the Map and the description(s) as found in the text of this Zoning Ordinance or any other ordinance. The official Zoning Map shall be a reproducible document and copies shall be made available to the public upon request and upon payment of a fee as established by ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1141.05 INTERPRETATION OF DISTRICT BOUNDARIES.
The following rules shall be used to determine the precise location of any zoning district boundary unless such boundary is specifically indicated on the official Zoning Map:
(a) Where district boundaries are so indicated as approximately following the center lines of thoroughfares or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries;
(b) Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be such boundaries;
(c) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of such railroad line;
(d) Where the boundaries of a district are so indicated as approximately following the center lines of streams, lakes or other bodies of water, such center lines shall be construed to be such boundaries;
(e) Where district boundaries are so indicated that they follow or approximately follow the limits of any municipal corporation, such boundaries shall be construed as following such limits;
(f) Whenever any street, alley or other public way is vacated by official Council action, the zoning district adjoining each side of such street, alley or public way shall automatically be extended to the center of such vacation, and all areas within that vacation shall thenceforth be subject to all regulations appropriate to the respective extended districts.
(Ord. 99-1966. Passed 5-4-99.)
1141.06 ZONING UPON ANNEXATION.
All areas annexed to the City after the effective date of this Zoning Ordinance shall be rezoned as follows:
(a) Within the ordinance that annexes land, a new zoning district shall be specified.
(b) Annexed land shall be rezoned to a zoning district that best represents the land uses proposed for adjacent properties in the Milford Land Use Plan.
(c) The designation of a new zoning district for annexed lands shall be made by the Zoning Inspector.
(Ord. 99-1966. Passed 5-4-99.)
1141.07 ZONING MAP AMENDMENTS.
Within fifteen (15) days of the effective date of any change of a zoning district classification or boundary, the Zoning Inspector shall amend the official Zoning Map to reflect such change, and shall note the effective date of such change, together with appropriate reference to the ordinance authorizing such change.
(Ord. 99-1966. Passed 5-4-99.)
1143.01 PURPOSE.
The purpose of the R-1 Large Lot Residential District is to accommodate large lot single family residential development within and adjacent to areas of similar development and to allow for low intensity development in environmentally sensitive areas.
(Ord. 99-1966. Passed 5-4-99.)
1143.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Public Recreational Areas;
(b) Single Family Dwellings;
(c) Type B Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
1143.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Agricultural Uses;
(b) Bed and Breakfast Lodging Establishments;
(c) Child Day Care Centers;
(d) Educational Facilities;
(e) Government Buildings;
(f) Group Homes;
(g) Religious Places of Worship;
(h) Type A Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
(i) Accessory Dwelling Units.
(Ord. 23-239. Passed 9-19-23.)
1143.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Home Occupations;
(c) Residential Garages;
(d) Roadside Produce Stands;
(e) Signs.
(Ord. 99-1966. Passed 5-4-99.)
1143.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be thirty-five (35) feet.
(Ord. 99-1966. Passed 5-4-99.)
1143.06 MINIMUM LOT AREA.
For each permitted use within this district, there shall be a minimum lot area of one and one-half acres (1 ½) acres, and shall not include the right-of-way of a street, road or alley.
(Ord. 99-1966. Passed 5-4-99.)
1143.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of seventy-five (75) feet at the front building line.
(Ord. 99-1966. Passed 5-4-99.)
1143.08 MINIMUM FRONT YARD SETBACK.
The minimum front yard setback for properties in this district shall be thirty (30) feet from the right-of-way line.
(Ord. 99-1966. Passed 5-4-99.)
1143.09 MINIMUM REAR YARD SETBACK.
The minimum rear yard setback for properties in this district shall be twenty-five (25) feet from the rear lot line.
(Ord. 99-1966. Passed 5-4-99.)
1143.10 MINIMUM SIDE YARD SETBACK.
The minimum side yard setback for properties in this district shall be six (6) from each side lot line. (Ord. 99-1966. Passed 5-4-99.)
1145.01 PURPOSE.
The purpose of the R-2 Single Family Residential District is to provide for moderate density single family residential neighborhoods.
(Ord. 99-1966. Passed 5-4-99.)
1145.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Public Recreational Areas;
(b) Single Family Dwellings;
(c) Type B Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
1145.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Agricultural Uses;
(b) Bed and Breakfast Lodging Establishments;
(c) Child Day Care Centers;
(d) Educational Facilities;
(e) Government Buildings;
(f) Group Homes;
(g) Religious Places of Worship;
(h) Type A Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
(i) Accessory Dwelling Units.
(Ord. 23-239. Passed 9-19-23.)
1145.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Home Occupations;
(c) Residential Garages;
(d) Signs.
(Ord. 99-1966. Passed 5-4-99.)
1145.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be thirty-five (35) feet.
(Ord. 99-1966. Passed 5-4-99.)
1145.06 MINIMUM LOT AREA.
For each permitted use within this district, there shall be a minimum lot area of 10,000 square feet, and shall not include the right-of-way of a street, road or alley.
(Ord. 99-1966. Passed 5-4-99.)
1145.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of seventy-five (75) feet at the front building line.
(Ord. 99-1966. Passed 5-4-99.)
1145.08 MINIMUM FRONT YARD SETBACK.
The minimum front yard setback for properties in this district shall be thirty (30) feet from the right-of-way line.
(Ord. 99-1966. Passed 5-4-99.)
1145.09 MINIMUM REAR YARD SETBACK.
The minimum rear yard setback for properties in this district shall be twenty-five (25) feet from the rear lot line.
(Ord. 99-1966. Passed 5-4-99.)
1145.10 MINIMUM SIDE YARD SETBACK.
The minimum side yard setback for properties in this district shall be six (6) feet from each side lot line. (Ord. 99-1966. Passed 5-4-99.)
1147.01 PURPOSE.
The purpose of the R-3 Single Family Residential District is to preserve the character of older neighborhoods within the City which include both single family homes and duplexes.
(Ord. 99-1966. Passed 5-4-99.)
1147.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Public Recreational Areas;
(b) Single Family Dwellings;
(c) Two-Family Dwellings;
(d) Type B Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
1147.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Agricultural Uses;
(b) Bed and Breakfast Lodging Establishments;
(c) Child Day Care Centers;
(d) Educational Facilities;
(e) Government Buildings;
(f) Group Homes;
(g) Religious Places of Worship;
(h) Type A Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
(i) Accessory Dwelling Units.
(Ord. 23-239. Passed 9-19-23.)
1147.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Home Occupations;
(c) Residential Garages;
(d) Signs.
(Ord. 99-1966. Passed 5-4-99.)
1147.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be thirty-five (35) feet.
(Ord. 99-1966. Passed 5-4-99.)
1147.06 MINIMUM LOT AREA.
(a) Single Family Dwellings within this district shall have a minimum lot area of 8,000 square feet, and shall not include the right-of-way of a street, road or alley.
(b) Two-Family Dwellings within this district shall have a minimum lot area of 12,000 square feet, and shall not include the right-of-way of a street, road or alley.
(Ord. 99-1966. Passed 5-4-99.)
1147.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of sixty (60) feet at the front building line.
(Ord. 99-1966. Passed 5-4-99.)
1147.08 MINIMUM FRONT YARD SETBACK.
The minimum front yard setback for properties in this district shall be thirty (30) feet from the right-of-way line.
(Ord. 99-1966. Passed 5-4-99.)
1147.09 MINIMUM REAR YARD SETBACK.
The minimum rear yard setback for properties in this district shall be twenty-five (25) feet from the rear lot line.
(Ord. 99-1966. Passed 5-4-99.)
1147.10 MINIMUM SIDE YARD SETBACK.
The minimum side yard setback for properties in this district shall be six (6) feet from each side lot line.
(Ord. 99-1966. Passed 5-4-99.)
1149.01 PURPOSE.
The purpose of the R-4 Multi-Family Residential District is to provide for small scale attached housing that includes townhomes, condominiums, and other multi-family dwellings that are not part of a larger complex of buildings.
(Ord. 99-1966. Passed 5-4-99.)
1149.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Single Family Dwellings;
(b) Public Recreational Areas;
(c) Multi-Family Dwellings with no more than 4 units;
(d) Two-Family Dwellings;
(e) Type B Family Day Care Home.
(Ord. 99-1966. Passed 5-4-99.)
1149.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Agricultural Uses;
(b) Bed and Breakfast Lodging Establishments;
(c) Child Day Care Centers;
(d) Educational Facilities;
(e) Government Buildings;
(f) Group Homes;
(g) Religious Places of Worship;
(h) Type A Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
1149.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Home Occupations;
(c) Residential Garages;
(d) Signs.
(Ord. 99-1966. Passed 5-4-99.)
1149.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be thirty-five (35) feet.
(Ord. 99-1966. Passed 5-4-99.)
1149.06 MINIMUM LOT AREA.
(a) Single Family Dwellings within this district shall have a minimum lot area of 8,000 square feet, and shall not include the right-of-way of a street, road or alley.
(b) Two-Family Dwellings within this district shall have a minimum lot area of 12,000 square feet, and shall not include the right-of-way of a street, road or alley.
(c) Multi-Family Dwellings within this district shall have a minimum lot area of 16,000 square feet, and shall not include the right-of-way of a street, road or alley.
(Ord. 99-1966. Passed 5-4-99.)
1149.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of fifty (50) feet at the front building line.
(Ord. 99-1966. Passed 5-4-99.)
1149.08 MINIMUM FRONT YARD SETBACK.
The minimum front yard setback for properties in this district shall be thirty (30) feet from the right-of-way line.
(Ord. 99-1966. Passed 5-4-99.)
1149.09 MINIMUM REAR YARD SETBACK.
The minimum rear yard setback for properties in this district shall be twenty-five (25) feet from the rear lot line.
(Ord. 99-1966. Passed 5-4-99.)
1149.10 MINIMUM SIDE YARD SETBACK.
The minimum side yard setback for properties in this district shall be no less than six (6) feet from each side lot line.
(Ord. 99-1966. Passed 5-4-99.)
1151.01 PURPOSE.
The purpose of the R-5 Multi-Family Apartment Complex District is to provide for existing high-density multi-family residential developments. These uses may include large apartment buildings and/or a series of apartment buildings that are part of a larger complex.
(Ord. 99-1966. Passed 5-4-99.)
1151.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Multi-Family Dwellings;
(b) Public Recreational Areas;
(c) Type B Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
1151.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Agricultural Uses;
(b) Bed and Breakfast Lodging Establishments;
(c) Child Day Care Centers;
(d) Educational Facilities;
(e) Government Buildings;
(f) Group Homes;
(g) Religious Places of Worship;
(h) Type A Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
1151.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Home Occupations;
(c) Residential Garages;
(d) Signs.
(Ord. 99-1966. Passed 5-4-99.)
1151.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be thirty-five (35) feet.
(Ord. 99-1966. Passed 5-4-99.)
1151.06 MINIMUM LOT AREA.
(a) Multi-Family Dwellings within this district, shall have a minimum lot area of two (2) acres, and shall not include the right-of-way of a street or road.
(b) All other permitted uses within this district shall have a minimum lot area of 16,000 square feet. (Ord. 99-1966. Passed 5-4-99.)
1151.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of fifty (50) feet at the public road right-of-way.
(Ord. 99-1966. Passed 5-4-99.)
1151.08 MINIMUM FRONT YARD SETBACK.
The minimum front yard setback for properties in this district shall be forty (40) feet from the right-of-way line. (Ord. 99-1966. Passed 5-4-99.)
1151.09 MINIMUM REAR YARD SETBACK.
No building shall be constructed closer than forty (40) feet to any property line where the adjacent property is zoned "R-1", "R-2", "R-3" or "I" nor closer that thirty (30) feet to any other property lines. (Ord. 99-1966. Passed 5-4-99.)
1151.10 MINIMUM SIDE YARD SETBACK.
No building shall be constructed closer than forty (40) feet to any property line where the adjacent property is zoned "R-1", "R-2", "R-3" or "I" nor closer that thirty (30) feet to any other property lines. (Ord. 99-1966. Passed 5-4-99.)
1151.11 OTHER REQUIREMENTS.
(a) There shall be no more than eight (8) apartment units in any one building.
(b) There shall be no more than eight (8) units per acre with a minimum distance between all buildings of at least thirty (30) feet.
(c) A community house, or building, may be constructed upon any lot, or group of lots comprising a single complex, where the project contains thirty-six (36) units or more. Such building shall contain a minimum of 1500 square feet and shall be for the purpose of servicing the project for the benefit of all residents with a manager's office, laundry and kitchen facilities and/or a common party room, entertainment room or meeting room.
(d) Sidewalks, with a minimum width of four (4) feet, shall service each unit and provide access to a street or road, either public or private, and a four (4) foot walk to provide access to a dedicated City street or State or Federal highway.
(e) The lot, or group of lots comprising the project, shall have vehicular access to a dedicated City street or State or Federal highway and shall have a minimum of fifty (50) feet frontage upon such street or highway. All such streets or roads shall meet with the City's current specifications. (Ord. 99-1966. Passed 5-4-99.)
1153.01 PURPOSE.
The purpose of the B-1 Neighborhood Business District is to provide for small scale convenience retail development. Such uses shall be compatible with the residential character of the surrounding neighborhood.
(Ord. 99-1966. Passed 5-4-99.)
1153.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Financial Institutions;
(b) Government Buildings;
(c) Personal Service Establishments;
(d) Public Recreation Areas.
(Ord. 99-1966. Passed 5-4-99.)
1153.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Child Day Care Centers;
(b) Convenience Stores;
(c) Mixed Uses;
(d) Religious Places of Worship;
(e) Type A Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
1153.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Signs.
(Ord. 99-1966. Passed 5-4-99.)
1153.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be thirty-five (35) feet.
(Ord. 99-1966. Passed 5-4-99.)
1153.06 MINIMUM LOT AREA.
The minimum lot size for a principle structure housing one (1) or more permitted uses shall not be less than 15,000 square feet in area.
(Ord. 99-1966. Passed 5-4-99.)
1153.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of fifty (50) feet at the public road right-of-way.
(Ord. 99-1966. Passed 5-4-99.)
1153.08 MINIMUM FRONT YARD SETBACK.
The minimum front yard setback for properties in this district shall be thirty (30) feet from the right-of-way line. (Ord. 99-1966. Passed 5-4-99.)
1153.09 MINIMUM REAR YARD SETBACK.
The minimum rear yard setback for properties in this district shall be twenty-five (25) feet from the rear lot line.
(Ord. 99-1966. Passed 5-4-99.)
1153.10 MINIMUM SIDE YARD SETBACK.
The minimum side yard setback for properties in this district shall be six (6) feet from each side lot line. (Ord. 99-1966. Passed 5-4-99.)
1153.11 OTHER REQUIREMENTS.
(a) The principal structure shall cover less than fifty percent (50%) of the lot.
(b) Permitted uses shall have less than 20,000 square feet of floor area.
(Ord. 99-1966. Passed 5-4-99.)
1155.01 PURPOSE.
The purpose of the B-2 Downtown Mixed Use District is to encourage a unique mixture of high activity and residential uses within downtown Milford. Emphasis should be placed on allowing uses such as small scale specialty stores, personal services and restaurants on the first floor of buildings along Main Street, Water Street and the side streets in between. The second floor of these building shall be used for residential, personal services and office uses. The remaining area of downtown Milford should be utilized by planned residential and mixed use development or recreational uses that add to the character of the area while providing a constant draw for people to shop and visit the area.
(Ord. 99-1966. Passed 5-4-99.)
1155.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Clubs;
(b) Clinics on the second floor;
(c) Financial Institutions;
(d) Government Buildings;
(e) Offices on the second floor;
(f) Personal Service Establishments;
(g) Public Recreation Areas;
(h) Rental Halls;
(i) Restaurants;
(j) Retail Businesses;
(k) Taverns;
(l) Theaters.
(Ord. 99-1966. Passed 5-4-99.)
1155.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Clinics on the first floor of a structure on Main Street, Water Street or any side street between Main or Water Streets.;
(b) Child Day Care Centers;
(c) Cluster Housing;
(d) Convenience Stores;
(e) Fast Food Restaurants;
(f) Microbreweries
(g) Mixed Uses;
(h) Offices on the first floor of a structure on Main Street, Water Street or any side street between Main or Water Streets.;
(i) Single Family Residential Dwelling;
(j) Two-Family Residential Dwellings;
(k) Type A Family Day Care Homes.
(Ord. 99-1966. Passed 5-4-99.)
1155.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Commercial Garages;
(c) Signs. (Ord. 99-1966. Passed 5-4-99.)
1155.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be forty-five (45) feet.
(Ord. 99-1966. Passed 5-4-99.)
1155.06 MINIMUM LOT AREA.
No minimum lot area requirement.
(Ord. 99-1966. Passed 5-4-99.)
1155.07 MINIMUM LOT WIDTH.
For each principally permitted use within this district, there shall be a minimum lot width of fifty (50) feet at the public road right-of-way.
(Ord. 99-1966. Passed 5-4-99.)
1155.08 FRONT YARD SETBACK,
Building or use setbacks shall conform to the established average set back of the existing buildings within the block in question.
(Ord. 99-1966. Passed 5-4-99.)
1155.09 REAR YARD SETBACK.
Building or use setbacks shall conform to the established average set back of the existing buildings within the block in question.
(Ord. 99-1966. Passed 5-4-99.)
1155.10 SIDE YARD SETBACK.
No minimum side yard setback requirement.
(Ord. 99-1966. Passed 5-4-99.)
1157.01 PURPOSE.
The purpose of the B-3 General Business District is to provide for areas for general retail, personal and household services that target local and regional residents. The B-3 district should be well landscaped and provide plenty of parking to create an attractive yet safe place to shop and do business. (Ord. 99-1966. Passed 5-4-99.)
1157.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Clinics;
(b) Clubs;
(c) Convenience Stores;
(d) Fast Food Restaurants;
(e) Financial Institutions;
(f) Funeral Homes;
(g) Government Buildings;
(h) Hotels or Motels;
(i) Offices;
(j) Personal Service Establishments;
(k) Public Recreation Areas;
(l) Rental Halls;
(m) Restaurants;
(n) Retail Businesses;
(o) Taverns;
(p) Theaters.
(Ord. 99-1966. Passed 5-4-99.)
1157.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Animal/Veterinary Hospitals;
(b) Automotive Repairs;
(c) Automotive Sales;
(d) Automotive Service Stations;
(e) Automotive Washing Establishments;
(f) Cellular or Wireless Communications Systems;
(g) Convenience Stores with Gas Pumps and/or Food Service;
(h) Child Day Care Centers;
(i) Drive-Through Facilities;
(j) Hospitals;
(k) Religious Places of Worship;
(l) Type A Family Day Care Homes;
(m) Private Recreation.
(Ord. 99-1966. Passed 5-4-99.)
1157.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Commercial Garages;
(c) Signs;
(d) Food Trucks.
(Ord. 99-1966. Passed 5-4-99.)
1157.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be forty-five (45) feet.
(Ord. 99-1966. Passed 5-4-99.)
1157.06 MINIMUM LOT AREA.
The minimum lot size for a permitted structure housing one or more permitted uses shall not be less than 15,000 square feet in area.
(Ord. 99-1966. Passed 5-4-99.)
1157.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of fifty (50) feet at the public road right-of-way.
(Ord. 99-1966. Passed 5-4-99.)
1157.08 MINIMUM FRONT YARD SETBACK.
(a) For properties along State Route 28 east of Service Road, the minimum front yard setback shall be thirty (30) feet from the right-of-way line.
(b) For all other properties located within a B-3 Zoning District, the minimum front yard setback shall be fifteen (15) feet from the right-of-way line.
(Ord. 99-1966. Passed 5-4-99.)
1157.09 MINIMUM REAR YARD SETBACK.
The minimum rear yard setback for properties in this district shall be twenty (20) feet from the rear lot line.
(Ord. 99-1966. Passed 5-4-99.)
1157.10 MINIMUM SIDE YARD SETBACK.
The minimum side yard setback for properties in this district shall be fifteen (15) feet from each side lot line.
(Ord. 99-1966. Passed 5-4-99.)
1157.11 OTHER REQUIREMENTS.
The principal structure shall cover less than fifty percent (50%) of the lot.
(Ord. 99-1966. Passed 5-4-99.)
1158.01 PURPOSE.
The purpose of the B-5 Special Business District is to accommodate a limited range of industrial activities and a wide range of commercial uses including wholesaling, storage, mail order, auto related, and office and retail in conjunction with industrial or wholesaling uses. Permitted industrial uses include enterprises engaged in assembling, altering, fabricating, finishing, processing, creating, repairing, renovating, painting, and cleaning. All uses within the B-5 District shall be operated entirely within an enclosed structure, which is clean, quiet and free of hazardous or other objectionable elements such as noise, dust, odor, smoke, glare and vibration. (Ord. 99-1966. Passed 5-4-99.)
1158.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Government Buildings;
(b) Wholesale Businesses
(c) Offices;
(d) Retail Businesses;
(e) Light manufacturing establishments.
(f) Clinics;
(g) Financial Institutions;
(h) Funeral Homes;
(i) Personal Service Establishments;
(j) Public Recreation Areas;
(k) Rental Halls;
(l) Restaurants.
(Ord. 99-1966. Passed 5-4-99.)
1158.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Animal/Veterinary Hospitals;
(b) Automotive Repair;
(c) Automotive Body Shops
(d) Automotive Washing Establishments;
(e) Cellular or Wireless Communications Systems;
(f) Child Day Care Centers.
(g) Religious Places of Worship.
(Ord. 99-1966. Passed 5-4-99.)
1158.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Commercial Garages;
(c) Signs;
(d) Outdoor Storage
(e) Warehouses;
(f) Food Trucks.
(Ord. 99-1966. Passed 5-4-99.)
1158.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be forty-five (45) feet.
(Ord. 99-1966. Passed 5-4-99.)
1158.06 MINIMUM LOT AREA.
The minimum lot size for a permitted structure housing one or more permitted uses shall not be less than 15,000 square feet in area.
(Ord. 99-1966. Passed 5-4-99.)
1158.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of twenty (20) feet at the public road right-of-way.
(Ord. 99-1966. Passed 5-4-99.)
1158.08 MINIMUM FRONT YARD SETBACK.
(a) The minimum front yard setback shall be fifteen (15) feet from the right-of-way line.
(b) Buildings or uses shall be located no less than (70) seventy feet from any residential district or use. (Ord. 99-1966. Passed 5-4-99.)
1158.09 MINIMUM REAR YARD SETBACK.
(a) The minimum rear yard setback for properties in this district shall be twenty (20) feet from the rear lot line.
(b) Buildings or uses shall be located no less than (70) seventy feet from any residential district or use.
(Ord. 99-1966. Passed 5-4-99.)
1158.10 MINIMUM SIDE YARD SETBACK.
(a) The minimum side yard setback for properties in this district shall be fifteen (15) feet from each side lot line.
(b) Buildings or uses shall be located no less than (70) seventy feet from any residential district or use. (Ord. 99-1966. Passed 5-4-99.)
1158.11 OTHER REQUIREMENTS.
The principal structure shall cover less than fifty percent (50%) of the lot.
(Ord. 99-1966. Passed 5-4-99.)
1159.01 PURPOSE.
The purpose of the O Office District is to allow for areas within the City to be dedicated for low intensity office, professional, and other related services that provide a suitable transition between residential and more intensive non-residential uses.
(Ord. 99-1966. Passed 5-4-99.)
1159.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Financial Institutions;
(b) Funeral Homes;
(c) Government Buildings;
(d) Offices;
(e) Personal Service Establishments;
(f) Public Recreation Areas.
(Ord. 99-1966. Passed 5-4-99.)
1159.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Clinics;
(b) Day Care Centers;
(c) Hospitals;
(d) Hotels or Motels;
(e) Mixed Uses;
(f) Religious Places of Worship;
(g) Research and Development Laboratories.
(Ord. 99-1966. Passed 5-4-99.)
1159.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Commercial Garages;
(c) Signs;
(d) Warehouses;
(e) Food Trucks.
(Ord. 99-1966. Passed 5-4-99.)
1159.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be forty-five (45) feet.
(Ord. 99-1966. Passed 5-4-99.)
1159.06 MINIMUM LOT AREA.
No minimum lot area requirement.
(Ord. 99-1966. Passed 5-4-99.)
1159.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of fifty (50) feet at the public road right-of-way.
(Ord. 99-1966. Passed 5-4-99.)
1159.08 MINIMUM FRONT YARD SETBACK.
(a) Buildings or uses shall be located no less than thirty (30) feet from any public road right-of-way.
(b) Buildings or uses shall be located no less than fifty (50) feet from any residential district or use. (Ord. 99-1966. Passed 5-4-99.)
1159.09 MINIMUM REAR YARD SETBACK.
(a) Buildings or uses shall be located no less than twenty (20) feet from the rear lot line.
(b) Buildings or uses shall be located no less than fifty (50) feet from any residential district or use. (Ord. 99-1966. Passed 5-4-99.)
1159.10 MINIMUM SIDE YARD SETBACK.
(a) Buildings or uses shall be located no less than ten (10) feet from each side lot line.
(b) Buildings or uses shall be located no less than fifty (50) feet from any residential district or use. (Ord. 99-1966. Passed 5-4-99.)
1161.01 PURPOSE.
The purpose of the L-I Light Industrial District is to accommodate and encourage the development of job intensive uses that include light industrial, office, and research and development uses. All uses shall be operated entirely within an enclosed structure which is clean, quiet and free of hazardous or other objectionable elements such as noise, odor, dust, smoke, glare and vibration. (Ord. 99-1966. Passed 5-4-99.)
1161.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Light Manufacturing Establishments;
(b) Offices;
(c) Public Recreation Areas;
(d) Wholesale Businesses;
(e) Automotive Body Shops;
(f) Private Indoor Recreation Areas.
(Ord. 99-1966. Passed 5-4-99.)
1161.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Cellular or Wireless Communications Systems;
(b) Child Day Care Centers;
(c) Hospitals;
(d) Microbreweries;
(e) Research and development Laboratories;
(f) Automotive Sales;
(g) Automotive Repair.
(Ord. 99-1966. Passed 5-4-99.)
1161.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Commercial Garages;
(c) Signs;
(d) Warehouses;
(e) Food Trucks.
(Ord. 99-1966. Passed 5-4-99.)
1161.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be sixty-five (65) feet.
(Ord. 99-1966. Passed 5-4-99.)
1161.06 MINIMUM LOT AREA.
The minimum lot size for a permitted structure housing one (1) or more permitted uses shall not be less than 15,000 square feet in area.
(Ord. 99-1966. Passed 5-4-99.)
1161.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of fifty (50) feet at the public road right-of-way.
(Ord. 99-1966. Passed 5-4-99.)
1161.08 MINIMUM FRONT YARD SETBACK.
(a) Buildings or uses shall be located no less than fifty (50) feet from any public road right-of-way.
(b) When a lot abuts a residential district or use, all buildings or uses shall be located no less than seventy-five (75) feet from the lot residential district or use.
(Ord. 99-1966. Passed 5-4-99.)
1161.09 MINIMUM REAR YARD SETBACK.
(a) Buildings or uses shall be located no less than seventy-five (75) feet from any residential district or use.
(b) Buildings or uses shall be located no less than twenty (20) feet from all other lot lines. (Ord. 99-1966. Passed 5-4-99.)
1161.10 MINIMUM SIDE YARD SETBACK.
(a) Buildings or uses shall be located no less than seventy-five (75) feet from any residential district or use.
(b) Buildings or uses shall be located no less than twenty (20) feet from all other lot lines. (Ord. 99-1966. Passed 5-4-99.)
1161.11 OTHER REQUIREMENTS.
All lots shall have at least twenty percent (20%) of the lot dedicated to open space that may include landscaped areas.
(Ord. 99-1966. Passed 5-4-99.)
1163.01 PURPOSE.
The purpose of the I Institutional District is to protect those lands used primarily by public or private institutional uses from development into other, incompatible or more intensive uses.
(Ord. 99-1966. Passed 5-4-99.)
1163.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Cemeteries;
(b) Continuing Care Retirement Facilities;
(c) Educational Facilities;
(d) Nursing Homes/Convalescent Homes;
(e) Private Recreation Areas;
(f) Public Recreation Areas;
(g) Religious Places of Worship.
(Ord. 99-1966. Passed 5-4-99.)
1163.03 CONDITIONAL USES.
The following conditional use shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Cellular or Wireless Communications Systems;
(b) Child Day Care Centers.
(Ord. 99-1966. Passed 5-4-99.)
1163.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Multi-Family Dwellings in accordance with the regulations set forth in Chapter 1151, "R-5" Multi-Family Apartment Complex District concerning multi-family dwellings;
(c) Signs;
(d) Food Trucks.
(Ord. 99-1966. Passed 5-4-99.)
1163.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be forty-five (45) feet.
(Ord. 99-1966. Passed 5-4-99.)
1163.06 MINIMUM LOT AREA.
No minimum lot area requirement.
(Ord. 99-1966. Passed 5-4-99.)
1163.07 MINIMUM LOT WIDTH.
For each permitted use within this district, there shall be a minimum lot width of fifty (50) feet at the public road right-of-way.
(Ord. 99-1966. Passed 5-4-99.)
1163.08 MINIMUM FRONT YARD SETBACK.
(a) Buildings or uses shall be located no less than thirty-five (35) feet from the public road right-of-way.
(b) Buildings or uses shall be located no less than fifty (50) feet from any residential district or use. (Ord. 99-1966. Passed 5-4-99.)
1163.09 MINIMUM REAR YARD SETBACK.
(a) Buildings or uses shall be located no less than twenty (20) feet from the rear lot line.
(b) Buildings or uses shall be located no less than fifty (50) feet from any residential district or use. (Ord. 99-1966. Passed 5-4-99.)
1163.10 MINIMUM SIDE YARD SETBACK.
(a) Buildings or uses shall be located no less than ten (10) feet from each side lot line.
(b) Buildings or uses shall be located no less than fifty (50) feet from any residential district or use. (Ord. 99-1966. Passed 5-4-99.)
1165.01 GENERAL PROVISIONS.
Certain sections of the City are subject to periodic flooding. During periods of high waters the lives and property of residents within affected areas are endangered. The Flood Plain District is established to prevent the destruction or impairment, partial or complete, of private property, the costly evacuation of people and damageable goods, personal injury and death, by regulating the type of development permissible in the District.
(Ord. 99-1966. Passed 5-4-99.)
1165.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Forestry;
(b) Private Recreational Areas;
(c) Public Recreational Areas;
(d) Wildlife Preserves.
(Ord. 99-1966. Passed 5-4-99.)
1165.03 CONDITIONAL USES.
The following conditional uses shall be permitted only if expressly authorized by the Planning Commission in accordance with Chapter 1195, Conditional Uses.
(a) Agricultural Uses;
(b) Riding Academies.
(Ord. 99-1966. Passed 5-4-99.)
1165.04 ACCESSORY USES.
(a) Accessory Buildings and Uses customarily incidental to the principal use of the lot;
(b) Roadside Produce Stands;
(c) Signs.
(Ord. 99-1966. Passed 5-4-99.)
1165.05 MAXIMUM HEIGHT.
The maximum height for all structures within this district shall be forty-five (45) feet.
(Ord. 99-1966. Passed 5-4-99.)
1167.01 PURPOSE.
It is the purpose of the Milford River District to protect the unique small town and historic character of Downtown Milford while promoting the growth and development of new commercial and residential land uses. Specific District goals include:
(a) Allow for and encourage a broad mix of uses and a more urban pattern of development, while respecting the district's historic context and creating a vibrant, pedestrian-friendly environment.
(b) Establish clear standards to ensure that future development that occurs within Downtown is consistent with the community's vision, as expressed by the policies contained within the City's Comprehensive Plan.
(c) Assure that new construction, restoration, and expansion projects are compatible with the character of a traditional downtown and enhance the 'main street' character.
(d) Enhance the visual and aesthetic appeal of the Downtown.
(e) Improve the timeliness and predictability of the development review process for Downtown infill and redevelopment.
(Ord. 99-1966. Passed 5-4-99.)
1167.02 PERMITTED USES.
Permitted uses in this district shall be as follows:
(a) Brewpub
(b) Clubs;
(c) Clinics;
(d) Financial Institutions;
(e) Government Buildings;
(f) Massage Therapy Establishment;
(g) Microbrewery
(h) Microdistillery
(i) Offices when located above the first floor;
(j) Outdoor Eating Establishment;
(k) Personal Service Establishments;
(l) Public Recreational Areas;
(m) Rental Halls;
(n) Restaurants;
(o) Retail Businesses;
(p) Taverns;
(q) Theaters.
(Ord. 99-1966. Passed 5-4-99.)
1167.03 CONDITIONAL USES.
(a) Bed and Breakfast Lodging Establishment;
(b) Commercial Parking Garages;
(c) Convenience Stores;
(d) Mixed Uses;
(e) Multi-Family Dwelling;
(f) Offices when located on the first floor of a primary structure;
(g) Religious Places of Worship;
(h) Single Family Residential Dwelling;
(i) Two-Family Residential Dwelling;
(j) Private Recreational Area.
(Ord. 99-1966. Passed 5-4-99.)
(k) Accessory Dwelling Units. (Ord. 23-239. Passed 9-19-23.)
1167.04 ACCESSORY USES.
Accessory buildings and uses customarily incidental to the principal use of the lot shall be permitted in accordance with Chapter 1181, Supplementary District Regulations.
(Ord. 99-1966. Passed 5-4-99.)
1167.05 ZONING CERTIFICATE REQUIRED.
(1) Applicants seeking a Zoning Certificate for qualifying uses and actions within the MRD district shall follow the process set forth in this Chapter.
(2) After all the required information and plans has been submitted, the Zoning Inspector shall take one of the following actions:
A. Issue a Zoning Certificate.
B. Deny the Zoning Certificate.
C. Refer the Zoning Certificate Application to the Planning Commission for any reason. If referred, the Zoning Certificate Application shall be placed on the agenda of the text regularly scheduled Planning Commission meeting.
(b) No Building Permit shall be issued for any non-exempt improvements to properties within the MRD district unless a Zoning Certificate has been issued.
(Ord. 99-1966. Passed 5-4-99.)
1167.06 EXEMPTIONS NOT REQUIRING A ZONING CERTIFICATE.
Unless specifically addressed in the MRD district, the following are exempted from the provisions of this Chapter and must only meet the requirements of the Zoning Ordinance or other applicable codes as adopted by the City:
(a) Any permit for interior alterations and repairs;
(b) Any permit for modification to facades not visible from any public right-of-way;
(c) Any permit necessary for the immediate public health and safety as determined by the Building Official;
(d) Landscaping of existing single-family residential uses.
(e) Ordinary maintenance and repairs provided such work involves no change in material, design, texture, color or exterior appearance of the structure.
(f) Any repair of the structural deficiency of a structure when the Building Official determines the repairs are required for public safety because of unsafe, insecure or dangerous conditions.
(Ord. 99-1966. Passed 5-4-99.)
1167.07 IMPROVEMENTS SUBJECT TO REVIEW.
Applications for a Zoning Certificate that are subject to review will require the submission of application requirements listed in Section 1167.08. Applications for the following improvements shall be grouped for review according to the following three categories:
(a) Administrative Review Building Improvement.
(1) Minor demolition of non-significant parts of structures;
(2) Fences, fire escapes, heating, ventilation and air-conditioning units;
(3) Roof, cornice, window, step, exterior door, garage door and wall repair or replacement, if the work matches the original;
(4) Painting, if there is no change in the colors from the original;
(5) Work not requiring a building permit (cleaning and landscaping) for all existing and proposed developments unless exempted in Section 1167.06;
(6) Curb Cuts and Driveways. (May also require issuance of a Street Open Permit);
(7) Wall signs, ground and sandwich board signs that meet the height, type, size and location regulations in the Zoning Ordinance.
(b) Minor Building Improvement.
(1) All proposed new single-family dwellings shall be considered a Minor Building Improvement. This shall include both new construction and property conversion development scenarios;
(2) Modification to facades visible from any public right-of-way that may change the original appearance of the structure, including painting;
(3) Awnings and hardware attached to the structure;
(c) Major Building Improvement.
(1) New construction;
(2) Excavation and/or fill;
(3) Demolition of significant parts of structures;
(4) All other non-exempt improvements not designated under the Administrative Review Building Improvement or Minor Building Improvement categories;
(5) All proposed single-family, two-family and multi-family projects shall be considered a Major Building Improvement. This shall include both new construction and property conversion development scenarios.
(Ord. 99-1966. Passed 5-4-99.)
(6) Accessory dwelling units if a new structure or an addition to an existing building.
(Ord. 23-239. Passed 9-19-23.)
1167.08 APPLICATION REQUIREMENTS.
All applications for review shall be submitted to the Zoning Inspector or the Zoning Inspector's designee. Submittal requirements will be based on the category of improvement.
(a) Administrative Review Building Improvement. Submittal requirements for any non-exempt improvement categorized as an Administrative Review Building Improvement in Section 1167.07 shall include:
(1) Application Form. A standard form used for all review applications. This application form must be signed by the owner of the property or an authorized agent of the owner. This application will include a written description of the proposed improvements.
(2) Color Photographs. Photographs shall be taken of the structure or site from viewing locations along the public right-of-way.
(3) Materials and Color Samples. Material and color samples shall be submitted with the application. The samples will be retained by the Planning Department for assurance of compliance with the reviewing body's approval.
(4) Building Elevations. Color rendered elevation drawings of the building shall be included which illustrate the placement, size, color or style of any graphic treatment (sign, mural, logo, etc.) to be affixed or painted on the structure.
(5) The Zoning Inspector may request additional information to be provided in order to make an informed decision on the application including those items found in Chapter 1127.
(b) Minor or Major Building Improvement. The submittal requirements for any non-exempt improvements categorized as either a Minor Building Improvement or a Major Building Improvement in Section 1167.07 shall include:
(1) Application Form. A standard form used for all review applications. This application form must be signed by the owner of the property or an authorized agent of the owner. This application will include a written description of the proposed improvements.
(2) Color Photographs. Photographs shall be taken of the structure or site from viewing locations along the public rights-of-way.
(3) Written Project Description Report. Each application shall be accompanied by a written description of the project. This description should include the proposed changes to the building, structure, or site; the design concept; rationale for the design; project proposal in a written format; the relation to existing conditions on site; the existing and proposed uses; and materials; colors; construction methods;
(4) Existing Conditions Site Plan. All applications shall contain a site plan showing the property and street on which it fronts with all existing site features including items such as site topography, buildings, pavements, utility structures, signs, walls, fences and trees having a trunk caliper of six (6) inches or greater (measured at six (6) inches above ground level.) The Existing Conditions Plan shall indicate all existing site features to be demolished as part of the proposed project. All property lines, right-of-way lines and easements affecting property shall also be shown.
(5) Sketch Plan. Depending on the specific type of proposed improvements, the sketch plan may consist of either a traditional site plan or building elevation view plan, or both. The applicant should provide enough information on the concept plan to effectively convey the extent and nature of the proposed improvements. The sketch plan shall be utilized for the required Neighborhood meeting.
(6) Proposed Site Plan. All submittals shall include a site plan following the applicable submittal requirements found in Chapter 1127 of this Zoning Code. This site plan shall be used for the Step 2 Planning Commission meeting.
(7) Building Plans and Elevations. Architectural renderings or drawings and elevation view drawings shall be submitted indicating building and structure elevations, details, catalog cuts, etc. Plans should provide sufficient detail to illustrate size, material, color, proportion and appearance of all proposed site features such as walls fences, signs, awnings, bollards and site furnishings.
(8) Color Rendering. Submittals shall include one color-rendered perspective drawing of the proposed projects from a viewpoint along the public right-of-way at which the project will have the most visual impact. (Not required for single-family residential projects.)
(9) Materials and Color Samples. Material and color samples shall be submitted with the application. The samples will be retained by the Planning Department for assurance of compliance with the reviewing body's approval.
(10) Additional Information. The Zoning Inspector or Planning Commission may request additional information as required to properly determine compliance with this Zoning Code or other applicable regulations.
(Ord. 99-1966. Passed 5-4-99.)
1167.09 REVIEW PROCESS.
(a) Upon receipt of a completed application and payment of any required fees, the Zoning Inspector, or their designee, shall have the prescribed amount of time to do the following:
(1) Administrative Review Building Improvement.
A. The Zoning Inspector shall consider and provide a decision on an Administrative Review Building Improvement application within thirty (30) days after receipt of a completed application.
B. The Zoning Inspector may, within thirty (30) days after receipt of a completed application, approve, deny or refer any Administrative Review Building Improvement application to the Planning Commission for consideration of approval as a regular agenda item.
C. If referred to the Planning Commission, the application shall be placed on the next available meeting date subject to notice and submittal deadlines requirements.
D. If the Zoning Inspector denies an Administrative Review Building Improvement, the applicant may appeal the decision following the procedure set forth in Section 1131.04.
(2) Minor Building Improvement.
A. After receipt of a completed Minor Building Improvement application, the application shall be placed on the next regular Planning Commission agenda for consideration. No public hearing is required for a proposed Minor Building Improvement application.
B. After review of the application Planning Commission may take action on the application as set forth in Section 1167.09(c).
(3) Major Building Improvement. Any Major Building Improvement Application shall go through a two-step review process as set forth below:
A. Step 1: Neighborhood Meeting. Upon submission of a completed application for a Major Building Improvement under this chapter, the applicant shall attend a Neighborhood meeting to discuss the proposed project. The intent of this meeting is to introduce the proposed project to the neighborhood attendees and to receive comments on the application. The Zoning Inspector shall notify all property owners located within 400 feet of the subject property for which an application is being made. The notification shall be made via US Mail and provide a summary of the proposed improvements and provide the date and time of the Neighborhood meeting for which it is scheduled.
B. Step 2: Planning Commission Meeting. After receiving input on the sketch plan, the application shall be placed on the next regular Planning Commission agenda for consideration.
C. After review of the application Planning Commission may take action on the application as set forth in Section 1167.09(c).
(4) A proposed conditional use within this zoning district shall require a public hearing as set forth in Section 1195.03 and incorporate all applicable conditional use review standards found in Sections 1195.04-05. The conditional use public hearing shall also serve as the required Step 2 Planning Commission Meeting. The Planning Commission shall take separate action on both the conditional use request and the proposed Major or referred Building Improvement Application.
(b) Standards of Review. The following design standards of review shall serve as guidelines to assist the Planning Commission and staff to consider when reviewing proposed building improvement applications within this zoning district. The proposed improvements should be guided by and support the following standards when applicable:
(1) Protect and enhance the physical character of the area within the MRD zoning district.
(2) Prevent the deterioration of property and nuisance conditions.
(3) Encourage private investment to improve and stimulate the economic vitality and social character of the district.
(4) Ensure that renovations, expansions and new infill developments do not adversely affect the physical character of the area overall nor adversely affect the quality of life for residential inhabitants located in and within close proximity to the district.
(5) Support those goals and objectives applicable to the district as provided for in the City of Milford Comprehensive Plan.
(c) One of the following four actions may be taken for those building improvement applications heard by the Planning Commission:
(1) Approval - Approval of project as submitted. A Zoning Certificate is issued;
(2) Approval with Conditions. Approval of project with conditions that must be met prior to a Zoning Certificate being issued;
(3) Continuance. If the Planning Commission determines that additional information is required as part of their review process, the consideration of the application shall be continued until the information is provided to the Commission;
(4) Denial.- Proposed project is denied. The applicant can appeal to the Board of Zoning Appeals or modify the development and resubmit another application.
(d) Construction must begin within one year of Zoning Certificate issuance date or the Zoning Certificate becomes invalid. Planning Commission may grant an extension if the applicant presents reasonable evidence that the development has encountered unforeseen difficulties.
(Ord. 99-1966. Passed 5-4-99.)
1167.10 DIMENSIONAL STANDARDS.
(a) Maximum Height. The maximum height for all structures within this district shall be forty-five (45) feet.
(b) Minimum Lot Area. No minimum lot area requirement.
(c) Minimum Lot Width. For each principally permitted use within this district, the minimum lot width shall be the established average lot width of the existing lots within the block in question, to include both sides of the street within the block.
(d) Minimum Front Yard Setback. Building or specific land use setbacks shall conform to the established average set back of the existing buildings within the block in question, to include both sides of the street within the block except as provided below.
(1) Buildings situated along Main Street, Mill Street, Elm Street, and Garfield Street, between Water Street and High Street, shall be set to the front yard property line.
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(e) Minimum Rear Yard Setback. Building or specific land use setbacks shall conform to the established average set back of the existing buildings within the block in question, to include both sides of the street within the block.
(f) Minimum Side Yard Setback. No minimum side yard setback requirement.
(Ord. 99-1966. Passed 5-4-99.)
1167.11 DESIGN STANDARDS.
It is the intent of these design standards section to ensure, insofar as possible, that buildings or structures located within the Milford River District shall be in harmony and compatible with other buildings or structures located in the district. When considering new construction, restoration and other applicable improvements, the City shall assure that the design's scale, proportions and general character are harmonious with the predominant themes found in the district. In the event of any conflict between any regulation found in this MRD Chapter and any other referenced Chapter in this Zoning Code, the regulation found in this MRD Chapter shall control.
(a) Site Development Standards.
(1) Utility services shall be placed underground for all new services.
(2) Overhead utilities shall be consolidated on to new or existing poles, where possible, to minimize the number of utility poles in the streetscape.
(3) Where a sidewalk exists in the public right-of-way, a pedestrian connection must occur from the building to the existing sidewalk.
(4) Site features such as service entrances and loading zones shall be screened from adjacent properties and the public right-of-way and located in the side or rear lot.
(5) The construction materials and colors of walls and fences that are visible from any public right-of-way shall be uniform and compatible with the architectural style, color and building material of the buildings and its surroundings.
(6) Open spaces between buildings that create courtyards or walkways to the rear of the property are encouraged.
(7) Chain link fencing material shall be prohibited.
(8) All non-residential buildings should include an area for parking bicycles. This area may be a designated parking space within the parking lot near the building or an area outside the parking lot adjacent to the building. The bike parking area must include a bike rack with locking area.
A. The bicycle rack may be placed in the public right-of-way sidewalk area adjacent to the applicant's building or lot if approved by the Zoning Inspector. If placed in the right-of-way, applicant shall be responsible for routine maintenance and replacement of the bicycle rack if needed.
B. The Zoning Inspector may waive this bicycle rack requirements if it is determined that the property cannot accommodate a bicycle rack accessible to the general public.
(b) Building Design.
(1) All elevations of a building shall be subject to review. A front facade shall be architecturally emphasized, although all sides of a building shall be architecturally consistent with the front facade.
(2) Buildings shall should be architecturally oriented to the street and the main entrance shall be located on the street facade.
A. New building construction occurring on corner lots should orient the main building entrance angled toward the corner as illustrated in Figure 1.
Figure 1 Corner Lot Orientation
(3) Screening for Roof-Mounted Mechanical Equipment.
A. All roof mounted mechanical, electrical, communication, and service equipment, including satellite dishes, air conditioning units, large vents and vent pipes, heat pumps and mechanical equipment, and other appurtenances shall be concealed by or integrated within the roof form or screened from view at ground level of nearby streets by parapets, walls, fences, landscaping, or other means approved by the Zoning Inspector.
(4) Not less than fifty percent (50%) of the ground floor of the front façade, between a height of two (2) and eight (8) feet above grade, shall be transparent. Transparency includes window or door openings that allow views into and out of the interior of buildings.
(5) Building projects must provide a design that emphasizes an activity level from the street.
(6) Building materials shall be visually appealing, high quality, and durable. Acceptable exterior building materials for all structures within this zoning district shall include brick, wood, stone, stucco or fiber cement siding products. The following materials are specifically not permitted in this zoning district:
A. Concrete block.
B. Slick pervasive materials such as plastic, neon or metallic.
C. Back lighted or polyvinyl awnings.
D. Vinyl or aluminum siding.
(7) The height of any principally permitted structure shall conform to the established average height of the existing buildings within the block in question, to include both sides of the street within the block.
Consider consistent building height Avoid
(8) The scale of building proportions such as height and width shall conform to the established average height and width of the existing buildings within the block in question, to include both sides of the street within the block.
Consider building scale Avoid building scale
(9) The massing, or overall configuration, of a building shall be substantially similar in character to the predominant massing found in the surrounding buildings located within the zoning district.
Consider building massing Avoid building massing
(10) Flat rooflines are permitted with the use of cornices, parapets or some form of architectural emphasis along the roofline where adjacent buildings have a similar roofline.
(11) Existing natural brick and stone buildings shall not be painted. If stone or brick buildings are currently painted, repainting them rather than removing the paint shall be done to prevent damage to the underlying materials.
(c) Colors.
(1) A palette of appropriate shades of colors for use on buildings or awnings within the MRD district shall be available for review through the Zoning Inspector or their designee.
(2) In selecting paint colors, consider returning the building to its original color. Colors may be found through old postcards and photographs.
(3) Always choose colors that blend well with the natural color of the buildings' unpainted brick or stone. If the building is framed, or is already painted, colors should be selected that will blend well with the predominant colors that already exist in this zoning district.
(4) Limit the use of contrasting colors on the buildings within the MRD district. Color schemes should be kept simple, with no more than one (1) or two (2) trim colors used on any given building.
(5) The chosen color scheme should help tie all of the parts of the building together. Typically, the color that is used in the storefront area should be repeated in the upper story windows or cornice area.
(6) Bright primary colors, including shades of purple, turquoise, orange, pink, etc. are strongly discouraged in the MRD district.
(d) Signs.
(1) In addition to the height, type, size and location regulations dictated in the Zoning Ordinance, permitted signs in the MRD district shall be designed to reflect the materials and style used in the associated building.
(2) Ground mounted signs shall be designed to be permanent.
(3) Bright or fluorescent colors are not permitted.
(4) Lighting of signage in the MRD district shall be from an external source such as a spotlight. Internally lighted signs are not permitted.
(5) Portable signs are prohibited.
(6) Each business shall be permitted one (1) sandwich board sign consistent with the following standards:
A. Such signs shall not exceed twenty-four (24) inches in width per face and thirty-six (36) inches in height.
B. Signs shall only be allowed in front of the building when a store is open for business and shall not remain in the public right-of-way overnight.
C. A minimum of five (5) feet of sidewalk width must be kept clear for the safe passageway for pedestrians.
D. Signs shall be stable, self-supporting, and not lean against landscaping or any public permanent fixtures such utility poles, benches, and trash receptacles.
E. The design and physical appearance of sandwich board signs shall be consistent in color and theme with the building for which it promotes.
(7) Roof mounted signs shall be prohibited.
(8) Each business located within this zoning district shall be allowed one non-flashing open/close sign.
(e) Landscaping and Screening. All new proposed landscaping improvements in this zoning district shall conform to the applicable standards found in Chapter 1189. Below are specific guidelines to inform landscaping design within this district.
(1) Plant materials shall be chosen which are indigenous, moderately fast growing, and require minimal maintenance. The landscape design shall incorporate the entire site and consist of a palette of plants with year-round appeal which may include: annuals, perennials, shrubs and trees.
(2) Parking areas and driveways shall be landscaped consistent with the requirements set forth in Section 1187.09.
(3) In locations where plants will be susceptible to injury by pedestrians or motor vehicles, they shall be protected by appropriate curbs, parking blocks or other devices.
(4) Dumpsters, loading docks, utility boxes, and open areas where machinery or vehicles are stored or repaired, and other similar facilities shall be screened from public rights-of-way and adjoining residential areas.
(5) Where landscaping is used as screening, it shall be opaque year-round.
(6) Landscape used as screening shall be of an initial planting height and density so that it provides the full desired effect within three (3) years of growing time.
(7) Whenever there are five (5) or more new parking spaces proposed to be created on a parcel, the parking lot perimeter shall be fully screened. Landscaping, walls, fences, planters or similar means shall be used to screen the parking lot. Whenever structures such as walls or fences are used to create a screen, plants shall be located on the sides of the structures and intended to be seen from the surrounding streets and other public rights-of-way, and other properties which are used by the public.
(8) Mechanical equipment and dumpsters shall be located so as not to be visible from any public rights-of-way or adjacent residential areas.
A. Where such mechanical equipment or dumpster placement is not possible, the mechanical equipment and dumpsters shall be fully screened from public view with non-vegetation materials and styles compatible with those used on the building.
Fully Screened Enclosures
(f) Lighting.
(1) Outdoor lighting of a building and parking area shall be directed so as not to shine on adjacent properties.
(2) The outdoor lighting standards found in Section 1187.10 of this Zoning Code shall apply to all applicable improvements within this zoning district.
(g) Outdoor Storage.
(1) Outside storage of raw material, finished products and equipment is prohibited.
(2) Utilize landscaping and fencing to fully screen all storage facilities.
(3) Outdoor storage buildings shall be constructed in the same style and using compatible exterior materials as surrounding buildings.
(4) Permitted outdoor storage shall be located a minimum of five (5) feet from any side and rear property line and be kept out of view from the public right-of-way.
(5) No outdoor storage is permitted in any front yard area.
(h) Vehicular Circulation and Access.
(1) Minimize the number of vehicular turning movements and points of vehicular conflict by reducing the number of access points to the minimum required for safe traffic flow. Points of ingress and egress shall be clearly defined and promote the safe movement of traffic.
(2) Provide for the safe and functional movement of vehicles and pedestrians both on and off-site.
(3) Give consideration to the location of existing access points, adjacent to and directly across the street from the site. Curb cuts shall be shared by adjoining uses whenever cooperation can be gained.
(4) Driveways shall not be used as points of ingress and egress for individual parking spaces. Driveway placement shall be such that loading and unloading activities will not hinder vehicular ingress and egress.
(5) All sites shall be designed so vegetation and structures on the site do not interfere with the safe movement of motor vehicle traffic, bicycles or pedestrians.
(6) Site Distance Triangle. No plants, foliage, wall, fence, or sign, higher than twenty-four (24) inches above the top of the curb, shall be located within the sight distance triangle on any corner of a property adjoining an intersection or along driveways. At intersections, the sight distance triangle is formed by joining with a straight line, points along intersecting street rights-of-way, twenty-five (25) feet from the intersection as illustrated on the following page. At driveways, the sight distance triangle is formed by joining with a straight line, points along the driveway curb and the street right-of-way twenty-five (25) feet from the intersection.
(7) The minimum spacing of access points for commercial developments from centerline to centerline along any street within the MRD District is 100 feet.
(8) On-site vehicular circulation between parcels is encouraged. Provisions for circulation between adjacent parcels shall be provided through a shared access or cross access easement to minimize curb cuts along the street.
(9) When two (2) adjacent property owners agree to combine access points, the city may grant an incentive bonus as follows. The total lot size and road frontage required for each parcel may be reduced by fifteen percent (15%) for both landowners.
Typical Parking Shared Access Shared Access & Parking
(i) Parking.
(1) No privately-owned surface parking lots are permitted along Main Street.
(j) Demolition. Demolition of any structure shall not be permitted unless the applicant can demonstrate that one of the following conditions exists:
(1) Demolition has been ordered by the Building Official for reasons of public health and safety;
(2) The owner can demonstrate that the structure cannot be reused nor can a reasonable economic return be gained from the use of all or part of the building proposed for demolition;
(3) The demolition of the building will not adversely affect the streetscape as determined by the Zoning Inspector.
(k) Outdoor Eating Establishments. The regulations set forth in this section refer to sidewalk dining areas proposed to be located within the public right-of-way:
(1) The Planning Commission shall approve all locations and dimensions for outdoor dining areas proposed for placement in either the public right-of-way or dining area proposed to be located on public or private property.
(2) When proposing a location in the public right-of-way, all outdoor furniture and table umbrella materials and styles must be approved by the Planning Commission.
(3) A minimum unobstructed sidewalk width of four (4) feet measured from the edge of curb or edge of pavement must be maintained for outdoor dining areas located within the public right-of-way.
(4) No permanent structure shall be placed in the public right-of-way.
(5) When proposing a location in the public right-of-way, any proposed fencing or other separation materials and styles shall be approved by the Planning Commission.
(Ord. 99-1966. Passed 5-4-99.)
1167.12 RELATIONSHIP TO VARIANCES.
Whenever an application is made for a variance relating to property wholly or partially located within the MRD District, the Board of Zoning Appeals shall exercise its authority granted in Chapter 1131 of the Zoning Ordinance.
(Ord. 99-1966. Passed 5-4-99.)
1167.13 APPEALS.
Where it is alleged that the Planning Commission, the Zoning Inspector or the Zoning Inspector's designee has made an error in their decision on an application, the applicant may appeal the recommendation to the Board of Zoning Appeals within twenty (20) days of the original recommendation from the reviewing body.
(Ord. 99-1966. Passed 5-4-99.)
1169.01 PURPOSE.
The purpose of the "PD" Planned Development District is:
(a) To allow flexibility in the zoning requirements where the result will be a higher quality development;
(b) To provide for and locate suitable recreation facilities, open space and other common facilities, while preserving the existing landscape to the greatest extent possible;
(c) To encourage the most skillful planning in the arrangement of buildings, the preservation of open space, the utilization of topography and other site features;
(d) To obtain creative and coordinated designs in harmony with surrounding uses and allowing procedures supplemental to those applicable in other use districts to establish under which development plans particularly designed to meet the objectives of this Chapter; and
(e) To allow for creative development that conforms with the goals and objectives set forth in the Milford Land Use Plan.
(Ord. 99-1966. Passed 5-4-99.)
1169.02 ESTABLISHMENT OF THE REVIEW PROCESS.
A Planned Development District overlays an existing zoning district or districts. The establishment of a Planned Development, pursuant to this Chapter, is a three step process. First, the Planned Development District is established by City Council as a zoning map amendment pursuant to Chapter 1133, Changes and Amendments. The approval or denial of the establishment of a Planned Development District is a legislative action by the City Council, with a recommendation by the Planning Commission. Second, a Preliminary Development Plan must be reviewed and acted on by City Council with a recommendation by the Planning Commission pursuant to Section 1169.06 of this Chapter. Action on the Preliminary Plan by City Council is an administrative act. Third, a Final Development Plan must be reviewed and acted on by Planning Commission pursuant to Section 1169.07 of this Chapter. The Planning Commission's action on a Final Development Plan is final.
(Ord. 99-1966. Passed 5-4-99.)
1169.03 RESIDENTIAL PLANNED DEVELOPMENTS.
(a) Permitted Uses. The permitted uses in a "PD" Planned Development District shall be those uses permitted in the district in which the "PD" District is to be located; in addition, the following uses shall be permitted in a residential "PD" District:
(1) Cluster Housing in areas designated as such on the Milford Land Use Plan in compliance with the following standards:
A. The overall density shall not exceed that permitted in the underlying zoning.
B. When single family dwellings are to be clustered into townhomes or condominiums, there shall be no more than four (4) units per structure.
C. When lots area requirements are decreased to allow for the clustering of single-family lots, the minimum lot area shall be 8,000 square feet for each dwelling unit. The remaining undeveloped property may be used to satisfy the open space requirements provided in Section 1169.03(l).
D. Lot or dwelling clustering shall be done in such a way as to protect sensitive areas.
E. Sensitive areas shall be identified on both the preliminary and final development plan and shall be treated as common open space that may not be developed in the future.
(2) Traditional Neighborhood Residential in areas designated as such on the Milford Land Use Plan in compliance with the following standards:
A. Only single-family homes shall be permitted.
B. The minimum lot area shall be 8,000 square feet, and shall not include the right-of way of a street, road or alley.
C. The front yard setback shall be twenty (20) feet.
D. The street network shall be designed to continue the existing grid system present in the designated traditional residential neighborhood areas.
E. All garages shall be located in the rear yard of the property with access from an alley.
F. An alley system shall be provided to provide access to garages.
G. Sidewalks with a minimum width of four feet (4') shall be provided on both sides of the street.
H. All single-family housing shall have a porch that extends along at least fifty percent (50%) of the front elevation.
I. Street trees shall be planted on both sides of the street. Such trees shall meet the minimum quality standards set forth in Chapter 1189, Landscaping and Bufferyard Requirements.
(3) A "B-1" commercial use provided that the residential "PD" District is twenty (20) acres or more in size. One (1) area may be designated as a neighborhood shopping area, not to exceed two (2) acres in size, except that an additional one-half (1/2) acre of "B-1" commercial uses may be permitted for each additional fifteen (15) acres of "PD" District area, but not to exceed six (6) acres.
Where commercial uses are planned in conjunction with residential uses, the commercial uses cannot be constructed until at least sixty percent (60%) of the total dwellings are complete or under construction, unless authorized by the Planning Commission.
(b) Project Area. It is the intent of this chapter that the use of the Planned Development District will yield the same net density of dwelling units as would development under conventional zoning. Therefore, the project area that will be used to determine the permitted number of units shall be limited to all of the area within the Planned Development that is devoted to residential use, including open space and recreational uses designed to serve the residential development, specifically excluding but not limited land located within a floodway and land allocated for public right-of-way.
(c) Density Calculation. The Planning Commission shall determine the net number of dwelling units which may constructed within the residential "PD" District by dividing the project area by either of the following:
(1) The required lot area per dwelling unit which is required in the district on which the "PD" District is located; or
(2) The required lot area per dwelling unit which is required in the district on which the "PD" District is located, as modified by any increases in density permitted under Subsection (h) below.
(d) Planned Development in Multiple Zoning Districts. If a residential "PD" District covers more than one (1) zoning district, the number of allowable dwelling units must be separately calculated for each portion of the "PD" District located in a separate zoning district, and then must be combined to determine the number of dwelling units allowable in the entire "PD" District. However, the distribution of the dwelling units within the "PD" District is not to be affected by existing zoning district boundaries.
(f) Subdivision Review. Wherever the provisions of this Chapter and the Subdivision Regulations are in conflict, the more restrictive or detailed requirements shall be met, unless waived or altered by the Planning Commission.
(g) General Guidelines. In evaluating a proposed Development Plan, the following guidelines shall be used by the Planning Commission.
(1) The residential "PD" district is consistent with the goals and objectives of the Milford Land Use Plan.
(2) The residential "PD" district is an effective and unified treatment of the development possibilities on the project site, and the development plan makes appropriate provision of the preservation of streams and stream banks, wooded cover, rough terrain and similar area.
(3) The residential "PD" district is planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
(4) Off-street parking and loading areas are provided in accordance with Chapter 1187, Off-Street Parking and Loading requirements.
(5) There is a beneficial relationship between the proposed residential "PD" district and the neighborhood in which it is to be established.
(6) Evidence of sufficient or proposed off-site and on-site services and infrastructure is presented. If the services or infrastructure are not in place, assurances that the improvements will be in place at completion of construction of the project shall be required.
(7) The proposal meets the purpose set for the "PD" Planned Development District as set forth in Section 1169.01, Purpose.
(8) The proposal meets all the regulations for "PD" Planned Development Districts as set forth in this Chapter.
(9) Common open spaces and recreational areas should be linked together by walkways or planting areas.
(10) Where commercial uses are proposed within the residential planned development, buffering and landscaping should be used to create a natural separation between the uses.
(11) Commercial uses shall be designed to resemble the character of the surrounding residential buildings.
(12) Buildings should be sited in an orderly, non-random fashion. Long unbroken building facades should be avoided.
(13) Short loop streets, cul-de-sacs and residential streets shall be used for access to residential areas in order to provide a safer living environment and a stronger sense of neighborhood identity.
(14) Street location and design shall conform to the existing topographic characteristics. Cutting and filling shall be minimized in the construction of streets.
(15) Adequate landscaping shall be provided throughout the site to create an attractive development, to reduce the amount of impervious surface created and to prevent large expanses of uninterrupted pavement areas.
(16) Consideration should be given to the provision of bus shelters.
(h) Density Increase. The Planning Commission shall authorize an increase in the density of the planned development under the following circumstances provided that the negative impacts listed in paragraph (i) below would not be created by such increase in density:
Criteria | Maximum Increase | Description |
(1) Location | 3 du/acre | (a) 2 acres or more (b) Within ¼ mile of a transit stop, trail, and/or park. (c) Infill (d) Brownfield redevelopment |
(2) Environmentally Sensitive | 5 du/acre | (a) Floodplain avoidance (b) Steep slope protection (c) Wetland and water body conservation (d) Use of innovative stormwater management techniques-rain gardens, swales |
(3) Common Open Space | 3 du/acre | 1 du/acre for each 5% over the minimum amount of open space required (up to 3 du/acre) |
(4) Excellence in Site Design | 5 du/acre | (a) Residential Building Facades Building facades should be varied and articulated to provide visual interest to pedestrians. Frequent building entries and window should face the street. Front porches, bays, and balconies are encouraged. In no case shall a façade of a building consist of an unarticulated blank wall or an unbroken series of garage doors. (b) Residential Building Entries Primary ground floor residential entries to multifamily buildings must orient to streets, not to interior blocks or parking lots. Secondary and upper floor entries from the interior of a block are acceptable. The front door to single-family homes, duplexes, and townhouses must be visible from the street. (c) Buildings containing multi-family units (excluding townhomes) with three or more stories shall contain an elevator. (d) Residential building walls shall be wood clapboard, wood shingle, hardieplank, wood drop siding, primed board, wood board and batten, brick, stone, approved vinyl or similar material. (e) Two wall materials may be combined horizontally on one façade. The heavier material should be below. (f) Bicycle Friendly Design a. Bike storage (g) Walkable Streets (h) Connected and open community-non gated, with public access. |
In no case shall the density in the planned development be increased by more than ten dwelling units per acre.
(i) Control of Density Increase. If the Planning Commission finds that any of the following conditions would be created by an increase in density permitted in subsection (h), it may then deny or limit any increase in density by an amount that is sufficient to avoid the creation of any of these conditions.
(1) Congested or unsafe access to the planned development; or
(2) Traffic congestion in the streets which adjoin the planned development; or
(3) An excessive burden on parks, recreational areas, schools and other public facilities that serve or are proposed to serve the planned development.
(j) Spacing and Building Height.
(1) The location of all structures shall be as shown on the development plans. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.
(2) Minimum lot areas, frontage and yard requirements may be waived by the Planning Commission provided that the overall density standards required in this Chapter are maintained and that the Planning Commission determines that the proposed development complies with the intent of this Chapter.
(k) Peripheral Setbacks. If the Planning Commission determines that topographical or other barriers do not provide a sufficient buffer between residential "PD" Districts and contiguous land uses to avoid hazardous impact upon the economic value of the contiguous real estate, the Planning Commission shall impose either or both of the following requirements.
(1) Structures and parking area located on the perimeter of the residential "PD" District may be required to be set back by a distance sufficient to protect against an adverse impact upon the economic values of contiguous land;
(2) Structures located on the perimeter of the residential "PD" District may be required to be permanently screened in a manner that is sufficient to protect against adverse impact on the value of contiguous land.
(l) Open Space Requirements. Common open space shall be provided as follows:
(1) Common open space must comprise at least twenty percent (20%) of the project area, excluding areas used for vehicle parking and circulation; provided however that this requirement shall not apply to Traditional Neighborhood Residential as permitted in Section 1169.03(a)(2).
(2) No open area may be accepted as common open space under the provisions of this section unless it meets the following standards:
A. Common open space must be reserved for amenity or recreational purposes. The uses authorized for the common open space must be appropriate in size and character considering the size, density, expected population, including ages and number, topography, and the number and type of dwellings within a residential "PD" district.
B. Common open space must be improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved.
C. The development schedule that is part of the development plan must coordinate the phasing of improvements to the common open space, the construction of buildings, structures, landscaping and other improvements in the common open space and the construction of residential dwellings in the residential "PD" District.
D. If the final development plan provides for buildings, structures, landscaping and other improvements in the common open space, the developer must provide a bond or other adequate assurance that the buildings, structures, landscaping and other improvements will be completed. Upon request of the developer, the Planning Commission may delay the requirements of posting bond, such delay to be based upon the development schedule. If the developer does not complete the buildings, structures, landscaping and other improvements within the time set forth in the schedule, then the Planning Commission shall require that a bond be provided for the remainder of the improvements. The Planning Commission shall release the bond or other assurance as the buildings, structures, landscaping or other improvements have been completed according to the development plan.
E. The use and improvement of the common open space must be planned in relation to any existing or proposed public or semi-public open space which adjoins or which is within one thousand five hundred (1,500) feet of the perimeter of the residential "PD" District.
(3) All land shown on the development plan as common open space shall be conveyed to a public agency or non-profit organization under one of the following options.
A. It may be conveyed to a governmental agency if such agency agrees to maintain the common open space and any buildings, structures, landscaping or other improvements that have been places on such land.
B. It may be conveyed to a non-profit organization provided in a publicly recorded document establishing an association or similar organization for the maintenance of the residential "PD" District. The common open space shall be conveyed to the trustees subject to covenants to be approved by the Planning Commission that restrict the common open space to the uses specified on the 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.
(4) If the common open space is not conveyed to a public agency or non-profit organization, one of the following methods of enforcement may be provided.
A. The legal right to develop the common open space for those uses not specified in the development plan may be conveyed to a governmental agency.
B. The restrictions governing the use, improvement and maintenance of the common open space may be stated as conditions to the conveyance of the open space, the fee title to the common open space to vest in governmental agency, at its discretion, in the event of a substantial default in the stated conditions.
C. The covenants governing the use, improvement and maintenance of the common open space may authorize a public agency to enforce their provision.
(5) The Zoning Inspector shall not issue a zoning permit for any building or structure shown on the development plan for any stage of the residential "PD" District unless the common open space allocated to that stage by the development schedule has been conveyed under one of the options provided in subsection (n)(2) above.
(m) Screening. The residential "PD" District shall be effectively screened from adjoining existing uses so as to protect their privacy and amenity.
(Ord. 99-1966. Passed 5-4-99.)
1169.04 COMMERCIAL, OFFICE, INDUSTRIAL PLANNED DEVELOPMENTS.
(a) Permitted Uses. The permitted uses in a "PD" Planned Development District shall be those uses permitted in the district in which the "PD" District is to be located.
(b) Intensity of Uses. The overall density of the "PD" District shall not exceed the overall density permitted in the district regulations in which the "PD" district is located.
(c) Planned Development in Multiple Zoning Districts. If a non-residential "PD" District covers more than one (1) zoning district, the density and uses permitted must be separately calculated for each portion of the "PD" District located in a separate zoning district, and then must be combined to determine the density and uses allowable in the entire "PD" District.
(e) General Guidelines. In evaluating a proposed Development Plan, the following guidelines shall be used by the Planning Commission.
(1) The non-residential "PD" District is consistent with the goals and objectives of the Milford Land Use Plan.
(2) The non-residential "PD" District is a unified treatment of the development possibilities on the project site, and the development plan makes provisions for the preservation of streams and stream banks, wooded cover, rough terrain and similar area.
(3) Off-street parking and loading areas are provided in accordance with Chapter 1187, Off-Street Parking and Loading Requirements.
(4) Evidence of sufficient or proposed off-site and on-site services and infrastructure is presented. If the services or infrastructure are not in place, assurances that the improvements will be in place at completion of construction of the project shall be required.
(5) All buildings and parking areas within the planned development shall not occupy more than sixty percent (60%) of the planned development area. The remainder of the land shall be preserved as either improved or unimproved open space.
(6) Any area that is designated as open space may be conveyed under one of the options listed in Section 1169.03(l) (2).
(7) The proposal meets the purpose set for the "PD" Planned Development District as set forth in Section 1169.01, Purpose.
(8) The proposal meets all the regulations for "PD" Planned Development Districts as set forth in this Chapter.
(9) Screening of intensive uses shall be provided utilizing landscaping, fences or walls to enclose internal areas.
(10) Parking and loading areas should be placed in the rear wherever possible.
(11) When parking is located in front of the building, landscaping and fencing shall be used to screen the parking areas from the road.
(12) Pedestrian and vehicular circulation should be separated as much as possible, though crosswalks, raised curbs or complete grade separation.
(13) Special consideration should be made when joint driveways and shared parking areas are utilized.
(14) Signs shall be kept to a minimum size and should be surrounded by landscaping.
(f) Spacing and Building Height.
(1) The location of all structures shall be as shown on the development plans. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood. All buildings shall be so located to avoid the casting of unbroken shadows on adjoining parcels for longer than one (1) hour per day.
(2) District lot areas, frontage and yard requirements may be waived by the Planning Commission provided that the overall density standards provided for in this Chapter are maintained and that the Planning Commission determined that the proposed development complies with the intent of this Chapter.
(g) Peripheral Setbacks. If the Planning Commission determines that the topographical or other barriers do not provided sufficient buffer between the non-residential "PD" District and contiguous land uses to avoid hazardous impact upon the economic values of contiguous real estate, the Planning Commission shall impose either or both of the following requirements.
(1) Structures and parking area located on the perimeter of the non-residential "PD" District must be set back by a distance sufficient to protect against an adverse impact upon the economic values of contiguous land;
(2) Structures located on the perimeter of the non-residential "PD" District must be permanently screened in a manner that is sufficient to protect against adverse impact on the value of contiguous land.
(h) Screening. The non-residential "PD" District shall be effectively screened from adjoining existing uses so as to protect their privacy and amenity. The "PD" District shall meet the landscaping and buffering requirements set forth in Chapter 1189, Landscaping and Bufferyard Requirements.
(i) Parking and Loading Requirements. The non-residential "PD" District shall meet the parking and loading requirements set forth in Chapter 1187, Off-Street Parking and Loading Requirements. (Ord. 99-1966. Passed 5-4-99.)
1169.05 ESTABLISHMENT OF A PLANNED DEVELOPMENT DISTRICT.
(a) A "PD" Planned Development District shall be established through the zone change process established in Chapter 1133, Changes and Amendments.
(b) Once the establishment of the "PD" Planned Development District has been approved by Council, the "PD" District shall be shown on the Official Zoning Map as an overlay zone to the underlying zoning district.
(c) A request for a zone change to the underlying zoning district may be done concurrently with the establishment of the "PD" Planned Development District.
(Ord. 99-1966. Passed 5-4-99.)
1169.06 APPLICATION FOR PRELIMINARY DEVELOPMENT PLAN.
(a) An application shall be filed concurrently with the request for the establishment of a "PD" District with the Planning Commission by the owner(s) or authorized agent of all property included in the development. The application shall accompany a general development plan, including maps, sketches, elevations and supporting documents to fully describe the following elements;
The general nature, location and objectives of the proposed development;
(1) The areas of the project to be used for single family detached dwellings, clustered housing, indicating for each such area the number of housing units by type and size, the number of bedrooms per unit of each type of housing, and the total residential density for the project;
(2) The areas of the project to be used for commercial, office or other activities indicating the total square footage of each use;
(3) The boundaries of the project including a legal description of the metes and bounds of the parcel and the acreage therein;
(4) An area map showing adjacent property owners and existing land uses within 200 feet of the parcel;
(5) Existing contours at ten (10) feet intervals or less;
(6) The proposed street system for the project, designating collector and arterial streets and describing their configuration in conformance with the plans and standards of the City;
(7) A traffic impact study for the "PD" Planned Development area.
(8) Descriptive data concerning the existing and proposed sewer, water and storm drainage, facilities within the project, indicating their location;
(9) Community facilities, including recreational, common open space and other non-building areas designated within the project, indicating areas to be in common ownership; and
(10) A document describing the proposed development schedule for the project for all dwelling units, commercial or office structures, recreational uses, common open space, recreational areas, landscaping and other common facilities.
(11) Any additional information as the City, Planning Commission or Council may reasonably require.
(b) The Planning Commission shall review the development plan and accompanying documents and may request such review and comment by the City Engineer, other City agencies and/or private consultants as may be necessary.
(c) The Planning Commission shall render a written recommendation of approval, approval with conditions or disapproval to Council and the applicant on whether the Preliminary Development Plan meets the standards set forth in this Chapter.
(d) Upon receipt of the Planning Commission's report and recommendations, Council shall, in conformity with the provisions of this Zoning Ordinance and the Ohio Revised Code, approve, approve with conditions, or disapprove the Preliminary Development Plan. Approving a Preliminary Development Plan shall include such criteria and guidelines as Council deems appropriate for the guidance of the developer and the Planning Commission. The action on the preliminary development plan shall be considered an administrative act of Council and shall not be deemed a district change.
(e) Once the preliminary plan is approved, the property owner or developer has twelve months to submit a final plan or the preliminary plan will become void and will require re-submission to the Planning Commission.
(Ord. 99-1966. Passed 5-4-99.)
1169.07 FINAL DEVELOPMENT PLAN APPROVAL.
After approval of the Planned Development District by Council, approval of the final devlopment plan shall be obtained from the Planning Commission. The following procedures shall regulate this process.
(a) Final Development Plan. For final approval of uses, the owner shall file a final development plan for any specific area within the project or the overall project with the Planning Commission. This final development plan shall show the following:
(1) The area to be developed and the area to be devoted to common open spaces for the use of all residents of the area with accurate acreage for each use, courses and distances to determine the boundaries of the development parcel;
(2) Final grading plans, indicating cubic footage of cuts and fills;
(3) The interior roadway system, indicating existing and proposed rights of way and easements and cross sections of new or improved streets;
(4) Site plans, floor plans, elevations and cross sections for all building;
(5) Descriptive data as to the type of building, square footage for each use, number of dwelling units in each building type;
(6) The proposed open space system and areas to be in common ownership. Where multiple ownership is proposed, a detailed plan setting forth the manner, means, and proposed time of transfer of the land to a nonprofit entity, the means of development and maintenance, and the obligations and rights of use of such open space by all residents and/or tenants of the development;
(7) A detailed landscaping plan for any new residential areas, indicating all existing and proposed vegetation by species, size and caliper; dimensions and materials and special lighting features; and
(8) Any modifications of the general plan data presented and approved for the Planned Development District.
(b) Review. The Planning Commission, shall review the final development plan and approve, modify and approve or disapprove the application for final approval of uses and transmit notice thereof to the applicant. The Planning Commission shall base its final approval only upon finding that the following requirements are met.
(1) The design, size and use are consistent with the preliminary development plan approved by Council.
(2) The size of the first stage of development is appropriate and can effectively implement the development within the confines of the approved district.
(3) The location, design, size and uses shall be adequately served by existing or planned facilities and services.
(4) The location, design, size and uses shall result in an attractive, healthful, efficient and stable environment for residential and/or commercial development.
(c) Approval Documented. The approval of the Planning Commission shall be documented and entered into the plan for the area and become a permanent part of the Planning Commission's records.
(d) Permits and Certificates. After approval by the Planning Commission, and such staff or consultants as may be required or deemed appropriate, of the final development plan, submission of appropriate subdivision plats and building construction drawings shall be made. Building and construction permits and zoning compliance permits shall be conditioned upon adherence to the total development plan including landscaping, design considerations, and the construction of necessary public improvements.
(e) Modifications to Approved Plan. Minor changes to an approved final development plan may be approved by the Zoning Inspector if such changes are consistent with the purpose and general character of the development plan. Other modifications, including extension or revision of the staged development schedule, shall require the approval of the Planning Commission.
(f) Revocation. In the event of a failure to comply with the approved plan or any condition of approval, including failure to comply with the staged development schedule, the Planning Commission may, after notice, rescind and revoke such approval. Violation of the final approval of uses for a Planned Development District shall constitute violation of this Zoning Ordinance.
(g) General Performance Criteria and Requirements. The Planning Commission shall review and evaluate the following requirements for any submitted Planned Development District:
(1) All electric, telephone and other utilities shall be placed underground by the developer, unless otherwise specified by the Planning Commission.
(2) The Planning Commission may require that suitable areas for parks or playgrounds be set aside that is improved or permanently reserved for the owners and residents of the development.
(3) Easements necessary to the orderly extension of public utilities may be required as a condition of approval.
(h) Recording of Final Development Plan. After the Planning Commission has approved the final development plan, the plan shall be filed as a final plat following the procedure set forth in Chapter 1105, Plat Procedures and Data Requirements, and shall be recorded in the office of the County Recorder. Upon recording of the final plat, the Zoning Inspector shall be authorized to issue a Zoning Permit to allow for the construction of the planned development as approved by the Planning Commission.
(i) Submission with Plats and Drawings. The submission of a final development plan by the developer may be coterminous with submission of appropriate subdivision plats and construction drawings for on site improvements. Approval of such subdivision plats and construction drawings shall be conditioned upon the approval of the final development plan.
(j) Time Limit. Once the final development plan is approved, the property owner or developer will have twelve months to begin construction in compliance with the final development plan or the planned development will become void and will require re-submission of the preliminary plan to the Planning Commission.
(Ord. 99-1966. Passed 5-4-99.)