Mogadore City Zoning Code
DISTRICT REGULATIONS
§ 152.045 R-1 RESIDENTIAL DISTRICT.
(A) Uses permitted. Except as otherwise provided in this chapter, no building or premises in the R-1 Residential District shall hereafter be erected, altered, used, arranged, or designed to be used in whole or in part for any other purpose or in any other manner than as follows:
(1) One-family dwellings,
(2) Farming or gardening,
(1) Churches and other buildings for the purpose of religious worship subject to § 152.113(A), (C), (G), (H), (K), and (L).
(5) Institutions of human medical care – hospitals, clinics, sanitariums, convalescent homes, nursing homes, homes for the aged and philanthropic institutions subject to § 152.113(A), (B), (C), (E), (I), (K), and (M).
(6) Governmentally owned and operated buildings or facilities subject to § 152.113(C), (G), (H), and (K).
(10) Governmentally owned and/or operated parks and playgrounds subject to § 152.113(A), (B), (C), (D), (E), (K), and (M).
(11) Governmentally or privately owned and/or operated picnic areas, playgrounds, private parks, swimming facilities, golf courses, tennis clubs, country clubs, riding academies, and other similar recreational uses. Uses permitted under this category shall be subject to § 152.113(A), (B), (C), (D), (M), (S), (T), (V) and (W).
(C) Height. No dwelling shall exceed 25 feet or two stories in height. Other permitted structures, except accessory structures, may be built to a greater height provided any such structure sets back from every street and lot line one foot for each foot of height of the structure in excess of 25 feet, in addition to the other yard and setback requirement therein specified.
(D) Front yard. There shall be a front yard not less than 50 feet in depth; except that where there are four or more existing structures in the same block on the same side of the street as the proposed structures, the Building and Zoning Inspector or Clerk-Treasurer shall change the depth of the front yard to that of the existing buildings.
(E) Setback requirements for corner lots.
(1) For a conventional corner lot (see Types of Lots in Appendix), i.e. narrow and deep, with the proposed structure fronting the shorter property line, the setback shall be 50 feet measured from the shorter front lot line. The setback requirement on the second street shall be 40% (20 feet) of the normal setback and shall be measured from the longer lot line.
(2) For a reversed corner lot (see Types of Lots in Appendix), i.e. wherein the proposed structure fronts the longer of the two property lines, the setback requirement for the front yard shall be 60% (30 feet) of the normal setback. The setback on the second street shall be 50 feet; except that where there are four or more existing structures in the same block on the same side of the street as the side yard of the proposed structure, the Building and Zoning Inspector or the Clerk-Treasurer shall change the setback on the side yard to match the front yards of the existing structures.
(F) Side yards. There shall be a side yard not less than ten feet in width on each side of the principal building.
(G) Rear yards. There shall be a rear yard on every lot which rear yard shall have a minimum depth of not less than ten feet.
(H) Lot area. The minimum lot area shall not be less than 10,000 square feet.
(I) Lot width. The minimum lot width shall be 75 feet as measured along the street right-of-way line on a dedicated street with centralized sewer and 120 feet without centralized sewer. In the case of a curved street, the 75 or 120 feet shall be measured at the front yard setback.
(J) Minimum size of dwellings. Every new dwelling or residence shall have a full basement and shall have floor space designed and used for living quarters, exclusive of porches, garages, breezeways or terraces as follows:
(1) For residences or manufactured homes with living space located entirely on one floor, the minimum living area shall be 1,200 square feet. For purposes of this section, the term MANUFACTURED HOME means any non-self-propelled vehicle or structure transportable in one or more sections which, in the traveling mode, is eight body feet in width and 40 body feet or more in length and which, whether built on a permanent chassis or not, is designed to be used as a dwelling. Manufactured homes must meet all the requirements of Residential Districts.
(2) For two-story or story and one-half dwellings or residences, the minimum area shall be 1,200 square feet with at least 750 square feet on the first floor.
(3) For additions to existing structures, no basement is necessary.
(K) Off-street parking. There shall be two off-street parking spaces for each family unit, each containing no less than 200 square feet of area, with width of ten feet and a length of 20 feet.
(Ord. passed 12-11-90; Am. Ord. 48-1992, passed 7-15-92; Am. Ord. 45, passed 11-20-96; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999
§ 152.046 R-2 RESIDENTIAL DISTRICT.
(A) Uses permitted. Except as otherwise provided in this chapter, no building or premises in the R-2 Residential District shall hereafter be erected, used, arranged, or designed to be used in whole or in part for any other purpose or in any other manner than as follow:
(1) All uses permitted in R-1 Residential District,
(2) Two-family dwellings,
(1) Churches and other buildings for the purpose of religious worship subject to § 152.113(A), (C), (G), (K), (L), and (M).
(5) Institutions for human care - hospitals, clinics, sanitariums, convalescent homes, nursing homes, child day care centers, homes for the aged, and philanthropic institutions subject to § 152.113(A), (B), (C), (E), (G), (I), (K), and (M).
(6) Governmentally owned and/or operated buildings or facilities subject to § 152.113(C), (G), (H), and (K).
(7) Governmentally owned parks and/or playgrounds, subject to § 152.113(A), (B), (C), (D), (E), (K), and (M).
(8) Quasi-public, institutionally, or organizationally owned and/or operated recreational, instructional and meeting facilities, such as those developed and used by the Y.M.C.A., Y.W.C.A., Boy Scouts, or various fraternal or community service groups subject to § 152.113(I), (K), (M), and (W).
(C) Height. No dwelling shall exceed 25 feet or two stories in height. Other permitted buildings, except accessory buildings, may be built to a greater height provided any such building sets back from
every street and lot line one foot for each foot of height of the building in excess of 25 feet, in addition to the other yard and setback requirements herein specified.
(D) Front yard. There shall be a front yard not less than 30 feet in depth except that where there are four or more existing structures in the same block and on the same side of the street as the proposed structure, the Building and Zoning Inspector or Clerk-Treasurer shall reduce the depth of the front yard to the average depth of the front yards of the existing buildings. On a corner lot the front yard requirements shall be observed on both streets.
(E) Side yards. There shall be a side yard not less than ten feet in width on each side of the principal dwelling for one-family dwellings and 15 feet in width on each side of the principal dwelling for two-family dwellings.
(F) Rear yards. There shall be a rear yard on every lot which rear yard shall have a minimum depth of not less than ten feet.
(G) Minimum lot areas. The minimum lot areas shall not be less than as follows:
(1) One-family dwelling - 10,000 square feet.
(2) Two-family dwelling - 15,000 square feet.
(H) Minimum lot widths.
(1) One-family dwelling - the minimum lot width shall be 75 feet.
(2) Two-family dwelling - the minimum lot width shall be 120 feet.
(I) Minimum living areas.
(2) Two-family - 1,500 square feet total.
(3) Multi-family:
(a) Efficiency suite - 500 square feet per unit.
(b) One-bedroom apartment - 650 square feet per unit.
(c) Two-bedroom apartment - 800 square feet per unit.
(d) Three-bedroom apartment - 1,050 square feet per unit.
(e) Four or more-bedroom apartment - 1,300 square feet per unit.
(J) Site plan review. All multi-family uses permitted under division (I) of this section shall be permitted only after the review and approval of the site plans by the Planning Commission and upon finding by the Planning Commission that the following general requirements will be met. In the interest of the community and surrounding development, the Planning Commission may seek expert advice and recommendations as to whether a proposed multi-family project will meet the requirements listed below. The cost of securing such expert assistance shall be borne by the applicant.
(1) The site plan shows that a proper relationship does exist between thoroughfares, service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety.
(2) All the development features including the principal buildings, open spaces, service roads, driveways, and parking areas are so located and related as to minimize the possibility of any adverse effects upon adjacent development.
(3) The site plan includes adequate provision for the screening of parking areas and active recreation areas from surrounding properties by landscaping and/or ornamental wall or fence.
(4) The nature and material requirements for grading and surface drainage shall be determined and approved by the Village Engineer.
(5) The design and construction standards of all private streets, driveways, and parking areas are to be built following approval of plans by the Village Engineer.
(6) Maximum possible privacy for each apartment shall be provided through good design and use of proper building materials and landscaping. Visual privacy should be provided through structural screening and landscaping treatment. Auditory privacy should be provided through soundproofing.
(7) The architectural design of apartment buildings should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, line and pattern and character.
(8) Building location and placement should be developed with consideration given to minimizing removal of trees and change of topography.
(9) Television and other antennas shall be centralized.
(10) On-site circulation shall be designed to make possible adequate fire and police protection.
(11) In large parking areas, visual relief shall be provided through the use of trees planted and landscaped dividers, islands, and walkways. No parking or service areas shall be permitted between any street the main building.
(12) Paved off-street parking and service areas shall be required; parking spaces shall contain at least 200 square feet being 10' x 20' and two spaces per dwelling unit in each apartment building; and paved vehicular access drives of at least ten feet in width shall be required for parking areas of ten vehicles or less capacity, and two-way drives of 20 feet paving width minimum shall be required for parking areas of one or more vehicle capacity.
(13) The use, placement and dimensions of all buildings, driveways, sidewalks, parking areas, curb cuts, recreation areas, and the installation of landscaping, fences and walks shall conform to the approved site plan.
(Ord. passed 12-11-90; Am. Ord. 12, passed 4-5-00; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999
§ 152.0461 R-3 RESIDENTIAL DISTRICT.
(A) Uses permitted. Except as otherwise provided in this chapter, no building or premises in the R-3 Residential District shall hereafter be erected, altered, used, arranged or designed to be used in whole or in part for any other purpose or in any other manner than as follows:
(1) All uses permitted in R-2 Residential District.
(2) Multi-family dwellings.
(1) Churches and other buildings for the purpose of religious worship subject to § 152.113(A), (C), (G), (K), (L), and (M).
(5) Institutions for human care - hospitals, clinics, sanitariums, convalescent homes, nursing homes, child day care centers, homes for the aged and philanthropic institutions subject to § 152.113 (A), (B), (C), (E), (G), (I), (K), and (M).
(6) Governmentally owned and/or operated buildings or facilities subject to § 152.113(A), (B), (C), (D), (E), (K), and (M).
(7) Governmentally owned parks and/or playgrounds subject to § 152.113(A), (B), (C), (D), (E), (K), and (M).
(8) Quasi-public, institutionally, or organizationally owned and/or operated recreational, instructional, and meeting facilities, such as those developed and used by the Y.M.C.A., Y.W.C.A., Boy Scouts, or various fraternal or community service groups, subject to § 152.113(I), (K), (M), and (W).
(C) Height. No dwelling shall exceed 25 feet or two stories in height. Other permitted buildings, except accessory buildings, may be built to a greater height provided any such building sets back from every street and lot line one foot for each foot of height of the building in excess of 25 feet in addition to the other yard and setback requirements herein specified.
(D) Front yard. There shall be a front yard not less than 30 feet in depth except that where there are four or more existing structures in the same block and on the same side of the street as the proposed structure, the Building and Zoning Inspector or Clerk-Treasurer shall reduce the depth of the front yard to the average depth of the front yards of the existing buildings. On a corner lot the front yard requirements shall be observed on both streets.
(E) Side yards. There shall be a side yard not less than 15 feet in width on each side of the principal dwelling for multi-family dwellings.
(F) Rear yards. There shall be a rear yard on every lot which rear yard shall have a minimum depth of not less than ten feet.
(G) Minimum lot areas. The minimum lot areas shall not be less than as follows: Multi-family dwelling - 18,000 square feet for the first three units and 2,500 square feet for each additional one bedroom or efficiency unit, or 3,500 square feet for each additional two-bedroom unit, or 5,000 square feet for each additional three or more-bedroom unit.
(H) Minimum lot widths. Multi-family dwelling - The minimum lot width shall be 150 feet.
(I) Minimum living areas. Multi-family:
(1) Efficiency suite - 500 square feet per unit.
(2) One-bedroom apartment - 650 square feet per unit.
(3) Two-bedroom apartment - 800 square feet per unit.
(4) Three-bedroom apartment - 1,050 square feet per unit.
(5) Four or more-bedroom apartment - 1,300 square feet per unit.
(J) Site plan review. All multi-family uses permitted under division (I) of this section shall be permitted only after the review and approval of the site plans by the Planning Commission and upon findings by the Planning Commission that the following general requirements will be met. In the interests of the community and surrounding development, the Planning Commission may seek expert advice and recommendations as to whether proposed multi-family project will meet the requirements listed below. The cost of securing such expert assistance shall be borne by the applicant.
(1) The site plan shows that a proper relationship does exist between thoroughfares, service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety.
(2) All the development features including the principal buildings, open spaces, service roads, driveways, and parking areas are so located and related as to minimize the possibility of any adverse effects upon adjacent development.
(3) The site plan includes adequate provision for the screening of parking areas and active recreation areas, from surrounding properties by landscaping and/or ornamental wall or fence.
(4) The nature and material requirements for grading and surface drainage shall be determined and approved by the Village Engineer.
(5) The design and construction standards of all private streets, driveways, and parking areas are to be built following approval of plans by the Village Engineer.
(6) Maximum possible privacy for each apartment shall be provided through structural screening and landscaping treatment. Auditory privacy should be provided through sound proofing.
(7) The architectural design of apartment buildings should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, line, and pattern and character.
(8) Building location and placement should be developed with consideration given to minimize removal of trees, and change of topography.
(Ord. 12, passed 4-5-00; Am. Ord. 2018-80, passed 11-20-18)
§ 152.047 C-1 COMMERCIAL DISTRICT.
(A) Uses permitted. Except as otherwise provided in this chapter, no building or premises in C-1 Commercial District shall hereafter be erected, altered, used, arranged, or designed to be used, in whole or in part, for any other purposes or in any other manner than as follows:
(1) The retail sale or handling of food and beverages of all kinds, including sale for consumption on the premises.
(2) The retail sale of general merchandise, including department stores.
(3) Professional and personal services.
(4) Office buildings and banks.
(5) Appliance repair shops.
(6) Custom tailors, laundry or dry cleaning, collection offices, self-service laundries, hand laundries, and shoe repair shops.
(7) Dry cleaning, pressing, or tailoring in which non-toxic, non-explosive, and non-inflammable solvents are used and no work is done on the premises for retail outlets elsewhere.
(8) Car lots in compliance with Ohio Revised Code Chapter 4517, entitled “Motor Vehicle Dealers, Auction Owners, and Sales Persons,” as amended, and public garages, provided that no lighting there shall constitute a nuisance or in any way impair safe movement of traffic on any street or highway and that such developments shall be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
(9) Newspapers and print shops.
(10) Advertising signs that are limited to advertising the goods sold or services rendered on the premises and which further comply with § 150.218.
(11) Amusement and recreation: assembly hall, bowling alley, dance hall, pool and billiards, theater, card room, or other social or recreation center, provided the place or building in which same is located is sufficiently soundproofed so as not to constitute a nuisance or imposition upon adjacent premises users or the public generally.
(12) Schools, libraries, museums, community centers, government buildings, and places of worship.
(13) Any use commonly and necessarily incident to a use authorized by this section.
(15) All uses permitted in R-1, R-2, and R-3 Districts.
(1) Churches and other buildings for the purpose of religious worship subject to § 152.113(C), (G), and (I).
(4) Clubs, lodges, fraternal charitable or social organizations subject to § 152.113(C), (D), and (E).
(6) Gasoline service (filling) stations, subject to division (A)(8) of this section and § 152.113(G), (O), (Q), and (X).
(C) Height. No structure shall exceed 45 feet in height unless approved by the Municipal Fire Department and certified by the Board of Zoning Appeals.
(D) Front yard. Every structure shall have a front yard of no less than 30 feet in depth. On corner lots the front yard requirements shall be observed on both streets.
(E) Side yard. Every structure shall have a side yard of no less than ten feet in width on each side; except that where this structure is part of an integral complex, the Zoning Board of Appeals may eliminate this requirement.
(F) Minimum rear yard depth. Forty feet except that no rear yard shall be required where the business use abuts on a public parking area specifically intended to serve the particular business use and other commercial establishments abutting on the parking area.
(G) Loading and unloading space. Every structure shall be provided with adequate space for the loading and unloading of trucks and other vehicles serving proposed structure, provided, however, that the Board of Zoning Appeals may modify or waive this requirement were such space is not needed.
(H) Off-street parking. Off-street parking facilities shall be provided in accordance with § 152.024.
(I) Site plan review and conformance. All business uses specified under divisions (A) and (B) of this section shall be permitted only after the review and approval of the site plans by the Planning Commission and upon finding, by the Commission, that the specific standards set forth in this section and the requirements of §§ 152.015 through 152.029, and § 150.218 with the exception of § 152.017(C), will be met.
(Ord. passed 12-11-90; Am. Ord. 12, passed 4-5-00; Am. Ord. 2018-80, passed 11-20-18; Am. Res. 2019-60, passed 6-19-19; Am. Ord. 2019-63, passed 8-21-19) Penalty, see § 152.999
§ 152.048 CB CENTRAL BUSINESS DISTRICT.
(A) Purpose. The purpose of the CB Central Business District is to provide for the planned and integrated grouping of commercial land uses; especially retail sales, services, and professional offices which incorporate innovative site plan designs and techniques which take the full economic advantage of the existing site while maintaining an overall compatibility with the Mogadore downtown marketing area.
(B) Application. Where there are differences between the regulations contained in this section and regulation occurring in the other sections of this chapter, the regulations contained in this section shall apply.
(C) Uses permitted. All permitted uses specified in the C-1 Commercial District.
(E) Maximum building height. No structure shall exceed 45 feet in height unless approved by the Municipal Fire Department and certified by the Board of Zoning Appeals.
(F) Lot requirements:
(1) Minimum lot area: none.
(2) Minimum lot width at building line: none.
(3) Minimum lot frontage: none.
(G) Yard requirements:
(1) Minimum front yard depth: none.
(2) Minimum lot width at building line: none.
(3) Minimum side yard width: none.
(4) Front yard and side yard requirement adjacent to residential districts: The minimum front yard depth and side yard width abutting a residential district shall not be less than the yard requirement of the said residential district.
(H) Loading and unloading space. Every structure shall be provided with adequate space for the loading and unloading of trucks and other vehicles serving proposed structure, provided, however, that the Board of Zoning Appeals may modify or waive this requirement where such space is not needed.
(I) Off-street parking. Off-street parking facilities shall be provided in accordance with § 152.024.
(J) Site plan review and conformance. All business uses specified under divisions (C) and (D) of this section shall be permitted only after the review and approval of the site plans by the Planning Commission and upon finding, by the Commission, that the specific standards set forth in this section and the requirements of §§ 152.015 through 152.029 and § 150.218, with the exception of § 152.017(C), will be met.
(1) The Planning Commission shall act to protect and preserve the value, appearance and use of property on which buildings are constructed or altered within the Central Business District, to maintain a high character of community development, to protect the public health, safety and convenience and welfare and to protect real estate within such district from impairment or destruction of value. Such purposes shall be accomplished by the Commission by reasonably regulating, within the district and in accordance with accepted and recognized architectural principals; the design, use of materials, finished grade lines, dimensions, orientations and location of all main and accessory buildings to be created, moved, altered, remodeled or repaired, subject to the provisions of all applicable zoning and building codes and other applicable ordinances of the village. In reviewing, regulating and approving building plans, the Commission shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties.
(Ord. passed 12-11-90; Am. Ord. 12, passed 4-15-98; Am. Ord. 2010-68, passed 1-17-10; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999
§ 152.049 I-1 INDUSTRIAL DISTRICTS.
(A) Uses permitted. Except as otherwise provided in this chapter, no building or premises in the I-1 Industrial District shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part, for any other purpose or in any other manner than as follows:
(1) The retail sale or handling of food and beverages of all kinds, including sale for consumption on the premises.
(2) Office buildings and laboratories, provided that no operation shall be conducted or equipment used which would create hazards, noxious or offensive conditions.
(3) Laundry and dry-cleaning plants, provided that no operation shall be conducted closer than 100 feet to any R-District.
(4) Repair shops.
(5) Public garages, or service stations, or lots or garages for the sale and repair of new or used motor vehicles.
(6) The manufacture, compounding, assembly or treatment or articles or merchandise from the following previously prepared materials: Aluminum, bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semi-precious metals or stones, shell, rubber, tin tobacco, wood (excluding saw mills), tars and paint not involving a boiling process.
(7) The manufacture, compounding, processing, packing, or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceuticals, toiletries, and food products except the rendering or refining of fat and oils.
(8) The manufacture of pottery or figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.
(9) Foundry casting light-weight metals and not causing noxious fumes or odor.
(10) Lumber yards for retail lumber sales.
(11) Planing mills.
(12) Coal yards, brick and tile yards, for retail sales.
(13) Machine shop or other metal working shop excluding drop hammers or other noise-producing machinery.
(14) Warehousing.
(15) Grain elevators.
(16) Any use commonly and necessarily incident to a use authorized by this section.
(B) Conditionally suggested uses. Council may issue conditional zoning certificates for uses listed herein, subject to the general requirements referred to below:
(1) Sales offices provided that there shall be no display of any actual product for sale except in accordance with the following regulations. No display will be in an exterior show window and the total area devoted to display including the objects displayed and the floor space set aside for persons observing the displayed objects shall not exceed 20% of the usable floor area of the establishment using the display of an actual product for sale as a sales procedure; provided there shall be no outdoor storage of goods or materials regardless of whether or not they are for sale; and provided further that there shall be no warehousing or in the indoor storage of goods or material beyond that normally incidental to such an office.
(2) Experimental or testing laboratories provided that no physical effect of the experimental or testing activity can be detected beyond the confines of the building in which the activity is located; and provided that no exterior structural element of the building in which the activity is located shall appear to be other than just normally incidental to an office use.
(3) Any other office, research, or similar use which the Commission finds to be: consistent with the purposes of the article; and of a character which will not impair the use of adjacent properties.
(7) Uses and structures permitted under § 152.047, C-1 Commercial District, provided such buildings and uses conform with the requirements and restrictions of said § 152.047 and notwithstanding such requirements and restrictions may be more permissive or less restrictive than those set forth in this section. The conditional zoning certificates that may be issued by Council for such commercial buildings and uses shall be subject to the requirements of §§ 152.111, 152.112 and 152.114.
(C) Height. No structure shall exceed 45 feet in height unless approved by the Municipal Fire Department and certified by the Board of Zoning Appeals.
(D) Front yard. Every structure shall have a front yard of no less than 50 feet in depth. On corner lots the front yard requirements shall be observed on both streets.
(E) Side yard. Every structure shall have a side yard no less than 100 feet in depth.
(F) Rear yard. Every structure shall have a rear yard of not less than 100 feet in depth.
(G) Loading and unloading. Every structure shall be provided with adequate space for the loading and unloading of all vehicles serving the proposed structure, provided however, that the Board of Zoning Appeals may modify or waive this requirement where such space is not needed.
(H) Off-street parking. Off-street parking facilities shall be provided in accordance with § 152.024. Parking for only those industries located within the municipal limits will be allowed in such industrial area.
(I) Site plan review and conformance. All industrial uses specified under divisions (A) and (B) of this section shall be permitted only after the review and the approval of the site plans by the Planning Commission and upon finding by the Commission that the specific standards set forth in this section and the requirements of §§ 152.015 through 152.029 and § 150.218 will be met.
(J) Industrial parks. The industrial parks approach to the development of industrially zoned areas is greatly encouraged. The regulations of the Village Zoning Ordinance may be modified by the degree necessary to accomplish the objectives and guidelines required for industrial parks (see Design Guidelines for the Mogadore Industrial Park). Nothing, however, shall exempt the developer from the requirements of subdivision plat approval as specified in §§ 151.020 through 151.023 of the Subdivision Regulations.
(Ord. passed 12-11-90; Am. Ord. 4, passed 1-20-99; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999
§ 152.050 P-1 PARK DISTRICT.
(A) Intent. Public facilities, as used throughout this zoning code, means facilities classified as main and accessory buildings and uses in the schedules set forth in this section. Districts and regulations are established in order to achieve, among others, the following purposes:
(1) To provide proper zoning classification for recreational and quasi-public facilities in proper locations and extent so as to promote the general safety, convenience, comfort, and welfare;
(2) To protect such public facilities from the encroachment of certain other uses and to make such uses compatible with adjoining residential uses;
(3) To provide an environment for the proper functioning of public facilities in relation to the plans for community facilities.
(B) Use regulations. Buildings and land shall be used and buildings shall be designed, erected, altered, moved, or maintained in a Park District only for uses set forth in the following schedule:
DISTRICT | MAIN BUILDINGS AND USES | ACCESSORY BUILDINGS AND USES |
P-1 | Recreational: parks, recreational fields and playgrounds, pools and public gardens, and municipal park buildings | Public parking areas or storage building |
(C) Use regulations. In P-1 Municipal Districts, unless otherwise provided in this zoning code, no building or premises shall be erected which is arranged, intended, or designed to be used except for the following purposes and regulated by applicable sections of this zoning code:
(1) Municipal park buildings and improvements shall be erected in a P-1 Park District.
(2) Accessory uses incident to the permitted uses are permitted.
(3) Essential services furnished by public utilities or other governmental agencies, as are necessary for furnishing services to the community, are permitted.
(D) Required conditions.
(1) No structure or premises shall be erected, occupied or used until application is made to the Planning Commission for approval of such structure or use. The Commission shall determine the conditions to be imposed on such structure or use to assure that the health, safety and general welfare of the resident of the village and the property values of the adjoining property are preserved, including buffer zones necessary to protect surrounding property from noise, dust, artificial illumination, sound systems, acoustic vibration or disturbances, and to preserve aesthetic values within the area.
(2) All parking operations shall be conducted within the lot lines of the premises. The Park and Recreation Board's recommendation on the parking shall apply to the P-1 Municipal District.
(E) Park and Recreation Board authorization. No municipal park building or improvement shall be erected without the affirmative recommendation of the Park and Recreation Board.
(F) Final site plans.
(1) Final site plans shall be submitted to and be subject to the approval of the Planning Commission before a building permit is issued. Such plans shall show drainage, sanitary sewers, the location of all buildings, fences, wall, lighting installations, parking areas, traffic flow patterns, and elevation plans of proposed structures. When such plans are submitted to the Commission they shall submit them to the Village Engineer for technical comment and his recommendation to the Commission. Before approving such plans, the Commission shall impose such conditions on the proposed structure or use as will assure that the health, safety, peace, and quiet of the community and of the occupants of the adjacent property will be preserved and protected from noise, dirt, dust, artificial illumination, or other disturbance.
(2) The Commission shall have final authority for approval of plans and specifications for all buildings and improvements to be constructed in a P-1 Municipal District.
(G) Fees (exemptions). There shall be no fee required in connection with any matter presented to the Planning Commission by the village relative to land within a P-1 zoning classification, or for application for a zoning certificate, occupancy permit, or any other type of certificate or permit required by the village for zoning construction, occupancy, or otherwise upon land within the P-1 zoning classification.
(Ord. 20, passed 5-3-00; Am. Ord. 2018-80, passed 11-20-18)
§ 152.052 PUD PLANNED USE DEVELOPMENT-MIXED DISTRICT.
(A) Intent.
(1) In accordance with § 151.005, Planned Unit Developments are encouraged. Because of the size and nature of PUD's, all PUD's are major subdivisions subject to the requirements of § 151.023 of the Mogadore Subdivision Code. With this chapter a Planned Use Development - Mixed District ("PUD-Mixed District") is established to encourage the comprehensive design and integrated development of large tracts of land suitable for a variety of mutually supportive commercial and residential uses. The general purposes of this PUD-Mixed District are served by the following basic principles:
(a) Comprehensive planning of large tracts promotes more harmonious suburban growth, providing opportunities for the integration of various types of development projects within clearly identifiable development centers.
(b) Comprehensive planning allows different types of land uses to be successfully integrated, provides functional convenience, and efficiencies in the provision of public services and infrastructure.
(c) Comprehensive planning and integrated design means higher densities of development can be accommodated without loss of environmental quality. The general benefits of density include greater productivity of land, more efficient utilization of transportation and utilities, more convenient access between different development types; the potential for higher development returns that can be channeled towards provision of higher level pedestrian and open space amenities; and a concentration within a limited area of the mass of people necessary to support various convenience services and functions.
(d) Comprehensive planning and integrated design of large tracts of land allows for more detailed definition and administration of architectural and landscape design controls that must be pre-approved by the village and carried throughout the development to foster the establishment of a "feel" or "look" inherent to each PUD-Mixed District.
(2) The advantages of comprehensively planned and designed mixed-use developments cannot be achieved by the standard application of existing zoning laws for individual type uses. The PUD-Mixed District, therefore, is a zoning classification providing for a variety of development types under special development standards that are only applicable to the uses in each pre-approved PUD-Mixed District.
(3) The Planning Commission shall act to protect and preserve the value appearance and use of property on which buildings are constructed or altered within the PUD-Mixed District, to maintain a high character of community development, to protect the public health, safety and convenience and welfare and to protect real estate within such district from impairment or destruction of value. Such purposes shall be accomplished by the Commission by reasonably regulating, within the district and in accordance with accepted and recognized architectural principals, the design, use of materials, finished grade lines, dimensions, orientations and location of all main and accessory buildings to be created, moved, altered, remodeled or repaired, subject to the provisions of all applicable zoning and building codes and other applicable ordinances of the village. In reviewing, regulating and approving building plans, the Commission shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties.
(B) Permitted uses. The land in a PUD-Mixed District shall contain at least 25 contiguous acres in the village. In the PUD-Mixed District, land shall be used and buildings shall be designed, constructed, installed, or altered according to the following:
(1) Class R-3 Multi-Family (except schools, cemeteries, commercial farming, prefabricated structures, boarding houses, mental health facilities, addiction treatment or addiction rehabilitation facilities and churches). Rental units shall not exceed 50% of the total residential floor space within the development. Basements shall not be included in floor space calculations.
(2) Central Business (except cars sales, car lot, library, places of worship). Parking garages or decks must have high level of architectural elements to allow the structure to fit in with the surrounding buildings (facades, faux windows etc.)
(3) Similar main uses to any of the above uses are permitted subject to the approval of the Planning Commission.
(4) Any accessory uses customarily incidental to any of the above uses are permitted on the same premises subject to the approval of the Planning Commission, which approval shall be confirmed by resolution of Council before becoming effective.
(C) Area, setback and size requirements. The following area, setback and yard requirements shall apply:
(1) Commercial or combined commercial/residential buildings and associated land use shall not exceed 40% of the total development area. The ground area occupied by the commercial building(s) shall not exceed 20% of the total area committed to commercial and combined commercial/residential uses within the PUD-Mixed District. The mixed-use development may be 100% residential.
(2) To provide a mixed use and to serve a variety of residential needs, the exclusively residential portion of the development shall occupy a minimum of 60% of the development land space and include a minimum of 10% large single-family units (2,400-3,500 s.f.), 20% medium single-family units (1,650 – 2,400 s.f.), and 20% small single-family units (1,300 – 1,650 s.f.). No more than 30% of the single-family residential units can be townhouses and/or residences with less than 1,400 square feet.
(3) In all instances where lot or boundary lines within the PUD-Mixed District abut an existing residentially zoned (or residentially occupied) property, side and rear yard setbacks shall be a minimum of 60 feet for nonresidential structures within the PUD and a minimum of 30 feet for parking or residential structures within the PUD.
(4) In addition to the above, a five foot tall landscape mound with a five foot wide flat top shall be provided along all pre-existing, abutting residential properties. Low maintenance ground cover or grass shall be planted to stabilize the mounds and suitable, low growing evergreens (or other pre-approved alternate) shall be planted across the top of the mound to create a thick screening between the properties. The slopes of the mound sides shall not exceed 3:1. There shall be a minimum of three feet from the toe of the mound to the property line or an existing residential fence. Mounds and the associated landscaping shall be installed within the first 14 days of beginning earthwork, excavation or utility installation and must be completed within two weeks of starting the mound construction.
(5) Garage doors shall be a minimum of 25 feet from any sidewalk or curb.
(6) Because of the variety and nature of possible mixed use of the land and structures, Planning Commission will rely on the Code as a guide for setback and yard requirements, but may approve designs and layouts with setbacks and yard requirements that will be specific to the development under review. Pedestrian friendly layouts that provide oversized walks, "outdoor" eating and pedestrian mall type amenities are preferred in the more commercial portions of the development.
(7) The entire tract of land for the proposed development should to the extent feasible be designed to achieve a reasonably consistent aesthetic appearance.
(8) Lots, setbacks and unit specifics.
(a) Large single-family units - 2,400-3,500 s.f.
1. Lot requirements:
a. Minimum of 0.30 acres per lot.
b. Minimum lot width of 65 feet at the building setback line, with an allowable maximum 25% deviation therefrom where the shape and dimensions of a given lot reasonably justify a deviation.
2. Yard requirements:
a. Minimum front yard setback is 40 feet from the nearest property line or right-of-way, but not less than 25 feet from a curb or walk where a drive is located.
b. Minimum side yard setback is ten feet from the nearest property line.
c. Minimum rear yard setback is 30 feet from the nearest property line. Twenty foot minimum rear setback from decks or patios.
(b) Medium single-family units - 1,650-2,400 s.f.
1. Lot requirements:
a. Minimum of 0.25 acres per lot.
b. Minimum lot width of 55 feet at the building setback line, with an allowable maximum 20% deviation therefrom where the shape and dimensions of a given lot reasonably justify a deviation.
2. Yard requirements:
a. Minimum front yard setback is 30 feet from the nearest property line or right-of-way, but not less than 25 feet from a curb or walk where a drive is located.
b. Minimum side yard setback is ten feet from the nearest property line.
c. Minimum rear yard setback is 30 feet from the nearest property line. Twenty foot minimum rear setback from decks or patios.
(c) Small single-family units - 1,300-1,650 s.f.
1. Lot requirements:
a. Minimum of 0.15 acres per lot.
b. Minimum lot width of 50 feet at the building setback line, with an allowable maximum 10% deviation therefrom where the shape and dimensions of a given lot reasonably justify a deviation.
2. Yard requirements:
a. Minimum front yard setback is 25 feet from the nearest property line or right-of-way, but not less than 25 feet from a curb or walk where a drive is located.
b. Minimum side yard setback is five feet from the nearest property line.
c. Minimum rear yard setback is 30 feet from the nearest property line. Twenty foot minimum rear setback from decks or patios.
(d) Townhouses and condominiums.
1. Unit requirements:
a. Maximum of 20 units per acre.
b. Maximum amount of connected units is eight units.
c. Minimum unit width of 25 feet.
d. Minimum of 1,000 square feet per unit.
2. Yard requirements:
a. For front-loaded units, the minimum front yard setback is 20 feet from the nearest property line or right-of-way, but not less than 25 feet from a curb or walk where a drive is located.
b. For rear-loaded unit, the minimum front yard setback is five feet from the right-of-way (or equivalent thereof) and five feet from the nearest utility easement.
c. Minimum distance is 25 feet between buildings.
d. Minimum rear yard setback is 30 feet from the nearest property line, 20 feet from deck or patio.
(e) Commercial or commercial /residential combined.
1. Unit requirements:
a. Minimum footprint of 10,000 square feet per building, maximum footprint of 40,000 square feet. Three stories maximum.
2. Utility/storage structure:
a. Utility/storage structures may be a maximum of 400 total square feet per structure with a maximum of one structure per commercial building.
b. Maximum height of any utility/storage structure is 12 feet.
c. Utility or storage structure architecture shall match the main building.
d. Special use structures that support the overall development that do not comply with the above may be approved by the Planning Commission and/or the Board of Zoning Appeals on a case by case basis.
3. Yard requirements:
a. Minimum of 20 feet with a ten foot landscape buffer between commercial section and residential section within PUD-Mixed District.
b. Minimum setback from an existing public ROW is 50 feet with a ten foot utility easement to the village.
c. Minimum setback from a proposed public or private ROW is 20 feet (25 feet to walk or curb if parking required).
d. Minimum distance between buildings is 30 feet.
(D) Off-street parking requirements. The following standards and requirements for the provision and development of off-street parking shall apply:
(1) Parking facilities in the PUD-Mixed District shall be planned and developed in such a manner so as not to interfere with the use and enjoyment of adjacent properties or with pedestrian and vehicular traffic on adjacent streets.
(2) Large and medium single-family units require a minimum of two garage parking spots and two driveway parking spots. Small single-family units require a minimum of one garage parking spot and one driveway parking spot. Garage parking for units smaller than 1,300 square feet is preferred; however, Planning Commission may approve alternative parking if market demands and proposed land use are determined to support the approval of alternative parking.
(3) Every structure shall be provided with adequate space for the loading and unloading of trucks and other vehicles serving proposed structure, provided, however, that the Board of Zoning Appeals may modify or waive this requirement where such space is not needed.
(4) All parking areas and driveways shall be concrete or approved asphalt with adequate drainage to prevent water from standing or draining across public walks or streets.
(5) Curbs or bumper guards shall be concrete, or material approved by the Village Engineer.
(6) Landscaped areas within a parking lot shall be developed as planted islands or landscaped areas to interrupt an expanse of pavement.
(7) Parking setback shall be as follows:
(a) In no event shall such parking setbacks be less than ten feet from the perimeter of a PUD-Mixed District.
(b) Parking shall be kept five feet from adjacent lots within a PUD.
(c) Parking shall be kept 30 feet from an existing, abutting residentially zoned or used property.
(8) Parking shall comply with § 152.024, and add one additional space per three residential units for guest parking in the area of the residentially occupied area.
(E) Design and performance standards.
(1) In general, the Planning Commission approval process shall comply with Chapter 151 except as modified by this section. The Planning Commission must approve the proposed build out plans of the entire property including set-backs, building heights, layout, usage, green-space, architecture and finishes, storm water detention, parking, lighting, fencing, landscaping, signage etc. The final detailed plans must be substantially consistent with the approved development concept approved by Planning Commission.
(2) Driveway curb cuts on any county or state road shall be located at least 300 feet apart (centerline to centerline) and at least 200 feet from a street intersection (centerline of cut to intersection of street right-of-way lines).
(3) A traffic impact study to determine the pre and post-development level of service and the need for a traffic signal or turn lane is required by the village. All traffic control shall be in compliance with the Ohio Manual of Uniform Traffic Control Devices (OMUTCD). Roadway geometry shall comply with ODOT standards. The cost of all such studies, the review of said studies and the construction of any required turn-lanes, signals etc. shall be borne by the developer.
(4) The safety and ease of access for delivery trucks, service, garbage, fire and emergency vehicles will be considered. Separate, discrete garbage storage and pick up locations will be favored.
(5) Street lighting is required. The developer is responsible for the design and installation of all street lighting upon the approval of the village and the electric company.
(6) All utilities to be underground.
(7) The developer is to coordinate with the Akron Water Department (Department of Public Utilities) regarding the availability of domestic and fire-fighting water. The design, review, approval and construction of all water system upgrades or extensions to serve the development shall be borne by the developer.
(8) The developer is to coordinate sanitary sewer system requirements and the need for supplemental sewer facilities with the Summit County Department of Sanitary Sewer Services (DSSS). The design, review, approval and construction of all sanitary system upgrades or extensions to serve the development shall be borne by the developer.
(9) Erosion/storm water management and riparian setback requirements shall comply with the requirements of the Mogadore Code.
(10) The developer shall note the existence of any flood plains or wetlands within the development property (whether initially developed or not) and comply with all regulations regarding flood plain development and wetland encroachment. Special flood zones, wetlands, etc. that cannot be habitable shall be permanent open space. For purposes of this division, a "flood zone" shall include only those areas that are designated as such in a Federal Emergency Management Agency ("FEMA") flood zone or flood plain map, then current at the time the development plan is submitted, and that are also subject to FEMA flood insurance requirements, and "wetlands" shall include those areas designated as such in the applicable environmental delineation report, but only to the extent so ratified in the corresponding confirmation letter issues by the Army Corps of Engineers. See Chapter 154.
(11) All storage, office space and production associated with permitted uses shall be contained wholly within an enclosed building. With respect to nonresidential areas, the Planning Commission shall require an accessory structure (enclosure) on the lot to contain waste material awaiting pick-up, the design to be approved by the Planning Commission. All equipment shall be used or stored within buildings or within an accessory structure as may be approved by the Planning Commission.
(12) All uses shall be regulated to comply with the following performance standards:
(a) Noxious, toxic or corrosive fumes or gases shall not be emitted which would be injurious or detrimental to persons, property or vegetation or to be discernible to the sense of smell.
(b) Glare or brightness caused by vehicles, operations or illumination of buildings shall be shielded to prevent a nuisance. Developer shall submit a photometric plan to the Village Engineer for review. Such plan shall be approved by the Village Engineer.
(13) Section 151.057 shall be replaced with: Utility easements shall be provided as required by the utility companies with rear or side lot easements having a minimum width of 20 feet. Easements parallel to and contiguous to the R/W shall be a minimum of six feet for a single utility and 12 feet for two utilities. Overall development plat, easement and utility maps shall be provided to all affected utilities to secure sign-off prior to the village approval of the improvement plans. Developers are encouraged to get utility input as soon as practical to facilitate the efficient resolution of space requirements and easement needs.
(14) A combined grading and storm water management plan shall be provided showing the lowest of the garage floor elevation and the first-floor elevation for each structure to demonstrate that grading and run-off requirements have been addressed. Due to the compact nature that often results from PUD projects, long runs of surface water are not acceptable. Areas of potential ponding shall be drained to address the reality of utility locations, fencing and landscaping that often impact surface drainage. Grading around structures shall provide six feet of fall over the first ten feet to promote drainage away from the structure. Window wells around structures shall have a drain connected to the underdrain.
(15) The sanitary sewer plan and profiles shall show the lowest floor of each structure in the profile and in plan to demonstrate adequate fall is available to access the proposed sanitary sewer.
(16) Typical roadways shall be 27 feet (back to back of curb). A geotechnical report is required to determine whether additional base or subgrade preparation is required. Localized areas of weak subgrade as evidenced by a proof-roll shall be repaired as directed. Cul-de-sacs shall have a paved diameter of 100 feet. Dead-end streets shall be no more than 600 feet long (500 feet to the cul-de-sac). Sidewalk shall be provided across the frontage of all lots and as needed to provide connectivity through and to the entire development and shall be four inches thick except at drive aprons (refer to village standards). All roof drains shall be connected with prefabricated connections to an eight inch smooth lined corrugated HDPE underdrain with pea-gravel backfill located with 24 inches cover behind the curb. Roof drain connections require a four inch tee and cap behind the walk. Caps to include metal insert to allow metal detection location in the future. Curb shall be straight, six inches tall curb. No more than 6,000 square feet of roof per section of eight inches underdrain. Drainage inlets shall be EJIW 7030 or Neenah R-3295. See village standard drawings for required construction details.
(17) The design and construction standards of all private streets, driveways and parking areas are to be provided by the village.
(18) Hydrants shall match the village standards and include a five inch Storz connection.
(19) All basements are to be 12-courses tall and include a sump pump/foundation drain system.
(F) Landscaping, common open space, and architectural design.
(1) Developments in a PUD-Mixed District shall include a permanent open space equivalent of a minimum of 10% of the total site area. This 10% area does not include private property or space used for open parking lots, detention basins, driveways or land covered by buildings, streets and sidewalks.
(2) Subject to landscape plans deemed necessary and appropriate by the Planning Commission, areas bordering buildings shall be planted with ground cover, trees, shrubs, hedges or other landscaping to maintain a park-like effect. Parking setback and other undeveloped areas of the development shall be graded, seeded and maintained as a lawn or wooded area in an orderly natural state and shall be included in the landscape plans. All such landscape plans approved by the Planning Commission are subject to approval by Council.
(3) Landscaping, driveways and other permitted uses shall at all times be maintained in an orderly, neat, clean, sanitary and structurally sound condition and all buildings, driveways or other structures shall be repaired in order to maintain substantially their original appearance and condition to prevent blight and unsightliness. Lawns and other landscaping shall be maintained in accordance with acceptable landscaping principles and maintained in a neat and orderly fashion.
(4) Where a PUD-Mixed District or use is contiguous to or across the street from a residential zone or use, the Planning Commission may require special landscaping, buffering, mounding or fences as the Planning Commission finds necessary for appropriate separation, screening and protection.
(5) Development entrances shall include landscaped areas of a proportion to clearly define the entrance. All exterior landscaping adjacent to and within landscaped entryways shall include an irrigation plan and system.
(6) Commercial or combined commercial-residential structures.
(a) A minimum of 75% of the front façade shall be glass, brick or stone.
(b) If two sides of the building are highly visible or may be the side of approach, the secondary side must include a minimum of 45% glass, brick or stone.
(c) Large, blank walls are not acceptable. Strip plaza architecture is not permitted.
(d) Storefront style buildings with distinctly different upper floor uses are acceptable. Between the first-floor structural dividers, 40% of each storefront bay shall be glass. Storefronts shall vary to provide cohesive, but non-repetitive architectural elements.
(e) Storefronts may include awnings that fit within the limits of the lintel and are a minimum of seven feet above the grade. Awnings shall be fabric on a metal frame or of architectural aluminum construction/design.
(f) Storefront entrances shall be a minimum of three feet behind the front façade and include at least 80% transparent glass.
(g) Entrances to the upper floors shall be separate from the storefront.
(h) Secondary entrances are allowed from behind the storefront unit to provide access to parking areas; however, the front access must be maintained as the primary access.
(i) Providing a different look between storefronts to avoid repetitive architecture between storefronts is acceptable. If applied, alternating design features must be congruent and consistent with the overall feel of the building.
(j) Building signs utilizing individual letters may be required where a panel sign will detract from the aesthetics of the structure. Box style signs will not be permitted.
(7) To the extent feasible, residential structures shall be constructed to what may be reasonably regarded as premium quality standard through detailing in its design and architectural accessories and through utilization of materials generally well regarded for their quality in the home construction industry.
(8) Building walls.
(a) Buildings may be clad in vinyl siding, wood siding, cement siding, brick or stone. Stucco may be used.
(b) When using brick, a standard modular brick shall be used.
(c) All exposed foundation walls shall be faced with brick or stone.
(9) Building elements.
(a) Window trim is required around all windows on front elevations of non-masonry walls and must be three inches wide minimum.
(b) Corner boards are required on non-masonry walls on front facades and must be a minimum of three inches wide.
(c) Frieze trim is required under overhangs and gables on front elevations.
(d) Porch columns shall have a 6" x 6" minimum cross-section or diameter.
(e) Railing/column details in combination are required to vary from house to house and may vary between adjacent storefronts.
(f) Lintels in masonry walls must be brick soldier courses, stone, or patterned precast concrete.
(g) Overhangs at eaves shall be a minimum of 12 inches.
(h) Trim and corner boards may be wood, vinyl, or fypon.
(i) No exposed wolmanized wood is permitted on front facades.
(j) No two houses in a row may have the same color combination of wall, trim, windows, and shutters.
(k) All wood-burning fireplaces, chimneys, and all chimneys seen from the street shall be faced with masonry.
(l) Where direct-vent fireplaces occur, the exterior shed shall be designed to be integrated into the architecture.
(10) Windows and doors.
(a) Rear elevations must have a minimum of two windows.
(b) Windows shall be of square or vertical proportion.
(c) Accent windows may be circular, half-round, or octagonal. One accent window maximum per elevation is permitted unless used in a pair.
(11) Building roofs. Primary roofs shall have a minimum of 6:12 roof pitch. Porches may have a minimum of 3:12 roof pitch.
(12) Building height. Maximum building height is 45'-0" above grade for any primary structure (commercial or residential).
(13) Building entries/porches - residential.
(a) All homes shall provide an easily identifiable entry.
(b) Where overhangs occur at a front door, a 2'-0" deep overhang is required.
(c) All full porches shall be a minimum of 6'-0" deep. Entry coverings and stoops shall be a minimum of 3'-0" deep.
(14) Garages - residential.
(a) Garages must be attached.
(b) Front elevations shall be designed to de-emphasize the visual impact of the garage. A garage must be set back a minimum of 4'-0" from the primary face of the house. Second floors may project over the garage; porches and other architectural elements may project beyond the face of the garage; single-car garage doors are encouraged to lessen the scale of a two-car garage door.
(c) Side loaded garages are permitted with windows on the front façade.
(d) Minimum garage door width is ten feet.
(15) Lighting. Security spotlights are not permitted on the front façade of homes. Decorative fixtures shall be used in visible locations from the street.
(16) Wheelchair accessibility ramps. Ramps shall be constructed to blend into the architecture of the structure.
(17) Roofing. Three-tab asphalt shingles are not permitted.
(18) Fencing/hedges.
(a) Fencing shall comply with the development covenants and restriction or the following; whichever is more restrictive.
(b) No fencing in front yards other than 4'-0' wood, decorative iron or aluminum fencing. No fencing in side yards or between structures (to maintain access for safety services). Four-foot-tall fencing is acceptable in back yards; six-foot fencing may be approved to contain larger dogs. No chain-link fencing. High quality PVC and vinyl fencing is acceptable.
(19) Accessory buildings/sheds are not permitted for condominiums, town-house, bungalow or cluster style homes.
(20) Mechanical, electrical equipment and trash receptacles shall be screened from street view.
(21) Satellite dishes. Satellite dishes or similar devices must be placed in the backyard or rear roof and not visible from any street unless approved by the Planning Commission.
(22) Porches and decks.
(a) Enclosed porches intended for year-around living space are not permitted on the front or side elevations.
(b) Decks are not permitted on the front or side elevations.
(23) Mailboxes and paper-boxes shall follow the guidelines established by the developer and approved by Planning Commission.
(24) Large expanses of blank wall are to be avoided. Planning Commission must review and approve all building facades.
(25) Skylights shall be flat (not bubble type).
(26) Decks, porches and similar structures shall include skirting.
(27) Sheds shall comply with the development covenants and restrictions. Sheds shall be located no closer than 50 feet from the primary structure, at least 25 feet from an adjacent lot and no closer than two feet from a lot line. No metal or plastic sheds. Sheds shall be painted to match the primary structure.
(Ord. 2018-80, passed 11-20-18)