Moraine City Zoning Code
TITLE SEVEN
Zoning District Regulations
1131.01 ADOPTION.
The districts established in Chapter 1133 as shown on the Official Zoning Map which, together with all explanatory matter thereon, are hereby adopted as part of this Zoning Code. (Ord. 1069-94. Passed 4-28-94.)
1131.02 IDENTIFICATION.
The Official Zoning Map shall be identified by the signature of the Mayor, and attested by the Municipal Clerk.
(a) The Official Zoning Map shall be identified by the signature of the Mayor, attested by the Municipal Clerk, and bearing the seal of the City and the following words: "This is to certify that this is the Official Zoning Map referred to in Chapter 1131 of the Zoning Code of Moraine, Ohio," together with the date of the adoption of this Zoning Code.
(b) If, in accordance with the provisions of this Zoning Code and Ohio R.C. Chapter 713, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the effective date of the amendment approved by Council, with an entry on the Official Zoning Map including the amending ordinance number, the date of passage of the ordinance, and the initials of the Municipal Clerk. The Zoning Map shall be annually certified for currency and accuracy.
(c) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Zoning Code. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Zoning Code and punishable as provided under the provisions of the Zoning Code.
(d) Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the Division of Community Development shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City. (Ord. 1069-94. Passed 4-28-94.)
1131.03 INTERPRETATION OF DISTRICT BOUNDARIES.
The Board of Zoning Appeals may authorize adjustments of district boundaries as follows:
(a) Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board, after notice to the owners of the property and after public hearing, shall interpret the maps in such a way as to carry out the intent and purpose of this Zoning Code for the particular section or district in question.
(b) To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership on the effective date of this Zoning Code.
(c) To permit, where the boundary line of a district divides a tract of more than ten (10) acres under a single ownership, adjustment of such a line to conform with the topography of the ground where such a tract is being subdivided and when the preliminary plat of the subdivision has been officially approved; provided such a variation does not extend for a distance of more than 500 feet and does not come closer than 300 feet to any boundary of the tract. (Ord. 1069-94. Passed 4-28-94.)
1131.04 ZONING OF ANNEXED LAND.
Whenever any area is annexed to the City, one (1) of the following conditions shall apply:
(a) Land that is zoned prior to annexation shall be classified as being in whichever district most closely conforms with the zoning that existed prior to annexation. Such classification shall be recommended for an interim period by the Planning Commission to Council, and Council shall approve the same after public hearing.
(b) Land not zoned prior to annexation shall be classified in the same manner into whichever district of this Zoning Code most closely conforms with the existing use of the annexed area, or in accordance with the master plan in the case of vacant land.
(c) In all cases, within three (3) months after the effective date of annexation, the Planning Commission shall recommend the appropriate permanent zoning districts for such area to Council, and the Map shall be amended according to the prescribed procedure set forth in Chapter 1127. (Ord. 1069-94. Passed 4-28-94.)
1133.01 ESTABLISHMENT OF ZONING DISTRICTS.
For the purpose of promoting the public health, safety, morals, convenience, comfort, prosperity and general welfare of the Municipality, the following districts are hereby established:
A-l Agricultural District.
R-2 Suburban Residential Single-Family Residence District.
R-2A Suburban Residential Single-Family Residence District.
R-3 One and Two Family Residence District.
R-4 Multi-Family Residence District.
B-l Neighborhood Business District.
B-2 General Business District.
M-1 Light Industrial District.
M-2 General Industrial District.
C Conservation District.
WO Wellhead Operation District.
WP Well Field Protection Overlay District.
(Ord. 1203-97. Passed 7-10-97.)
1133.02 COMPLIANCE WITH REGULATIONS.
The regulations for each district set forth by this Zoning Code shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
(a) No building, structure or land shall be used or occupied and no building or structure or part thereof shall be structurally altered except in conformity with all of the regulations herein specified for the district in which it is located;
(b) No building or other structure shall be erected or altered:
(1) To provide for greater height or bulk;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area; or
(4) To have narrower or smaller rear yards, front yards, side yards or other open spaces;
than herein required, or in any other manner be contrary to the provisions of this Zoning Code.
(c) No yard or lot existing at the time of passage of this Zoning Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Code shall meet at least the minimum requirements set forth herein.
(d) No land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise, brilliant light, vibration; smoke, dust, fumes, odor or other form of air pollution; heat, cold, dampness, electrical or electronic disturbances; nuclear radiation, or any other condition, substance or element, to any person or property outside of the premises on which such building, structure or use is located; such uses when lawfully permitted under the provisions of this Zoning Code shall be operated in a manner so as to ensure that the property rights of all other parcels of land shall not be adversely affected to the extent of reducing the enjoyment of property rights thereon.
A use not listed within the use provisions of a zoning district shall be considered to be a prohibited use within that zoning district unless otherwise interpreted by the Zoning Inspector or the Board of Zoning Appeals.
(e) In any district, no more than one (1) primary structure and its customary accessory use shall be located on a single lot except as specifically provided elsewhere in this Zoning Code.
(f) Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before the enactment of this Zoning Code, the construction of which conforms with such plans and has been started prior to the effective date of this Zoning Code, and completion thereof carried on in a normal manner and not discounted for reasons other than those beyond the builders' control.
(Ord. 1203-97. Passed 7-10-97.)
1133.03 ESSENTIAL SERVICES EXEMPTED.
The erection, construction, alteration or maintenance by public utilities or Municipal departments or commissions, of overhead, surface or underground gas, electrical, steam or water, distribution or transmission systems, collection, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, electrical substation, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or Municipal department or commission or for the public health, safety or general welfare, shall be exempt from the regulations of this Zoning Code. Provided, however, that the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.
(Ord. 1203-97. Passed 7-10-97.)
1135.01 PURPOSE.
This district is intended to provide area suitable for agricultural uses as defined and large lot single family residential development reflecting a very low density, open space character, generally located within the peripheral areas of the City. This District is further intended to discourage concentrated development within areas of unique physical characteristics such as woodlands, irregular topography, adjacency to street corridors, etc.
(Ord. 1203-97. Passed 7-10-97.)
1135.02 USES.
(a) Permitted Uses.
(1) Agriculture, and the usual agricultural buildings and structures;
(2) Single-family dwelling;
(3) Churches and parish houses;
(4) Schools and colleges for academic instruction;
(5) Commercial kennels for the raising, breeding and boarding of dogs or other animals, provided that all buildings, including runways, are at least 200 feet from all property lines;
(6) Commercial dairies and riding academies, provided all buildings connected therewith shall be 200 feet distant from any lot in any R district;
(7) Hospitals and sanitoriums;
(8) Publicly owned or operated buildings, parks, facilities, playgrounds and community centers, swimming pools, golf courses; public and private forests and wildlife preserves and similar conservation areas;
(9) Home occupation (See Chapter 1181 for home occupation requirements); and
(10) Accessory buildings and uses incidental to the principal use; living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling; stable; the keeping of roomers or boarders by a resident family; roadside stands, offering for sale only neighborhood agricultural products or other products produced on the premises. Regulations governing accessory facilities and uses are specified in Chapter 1181.
(b) Special Uses. The following special uses are subject to review and regulation in accordance with Chapter 1117:
(1) Micro Antenna or wireless communication antenna attached to a permitted agricultural, institutional, recreational, or public building or non-residential structure provided the separate antenna structure does not exceed more than 20 feet above the highest point of the structure and the transmission and receiving equipment is stored outside the building or structure. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities"
(2) Alterations and conversions of single-family dwellings into two-family dwellings, provided that there be no enlargement of the existing building, that one (1) of the units contains at least 820 square feet of floor area and that the other contain at least 700 square feet, and provided that the lot area, frontage and yard requirements be not less than the minimum specified for single-family dwellings;
(3) Institutions for the insane, liquor or drug addicts;
(4) Inns, dining places and commercial summer gardens along principal highways;
(5) Commercial swimming pools, fishing lakes, gun clubs, skeet shooting ranges and similar uses;
(6) Public or privately owned and operated airports or landing fields; and
(7) Disposal of garbage or refuse by a county, township or Municipality.
(8) Cemeteries.
(Ord. 1203-97. Passed 7-10-97; Ord. 1802-11. Passed 5-26-11; Ord. 1808-11. Passed 8-25-11.)
1135.03 SITE DEVELOPMENT REGULATIONS; PERMITTED USES ONLY.
(a) Lot Requirements.
(1) Minimum lot area | |
A. Dwellings | 20,000 square feet |
B. Other permitted uses | 1 acre |
(2) Minimum lot area per family | |
A. Dwellings | 20,000 square feet |
B. Other permitted uses | 20,000 square feet |
(3) Minimum lot frontage | |
A. Dwellings | 100 feet |
B. Other permitted uses | 100 feet |
(b) Yard Requirements. | |
(1) Minimum front yard depth | |
A. Dwellings | 40 feet* |
B. Other permitted uses | 40 feet ** |
(2) Minimum rear yard depth | |
A. Dwellings | 50 feet |
B. Other permitted uses | 50 feet** |
(3) Minimum side yard width on each side | |
A. Dwellings | 15 feet |
B. Other permitted uses | 25 feet** |
(c) Structural Requirements. | |
(1) Maximum building height | 30 feet |
(2) Maximum 2 1/2 story structure | |
(d) Parking and Loading Requirements.
(e) Signs.
*The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan.
**Or greater as may be specified.
(Ord. 1203-97. Passed 7-10-97.)
1137.01 PURPOSE.
The R-2 Single-Family Residence District is provided to accommodate single family residential development of a moderately low density character within areas of similar development and within areas of similar physical character generally located within the peripheral areas of the City. (Ord. 1203-97. Passed 7-10-97.)
1137.02 USES.
(a) Permitted Uses.
(1) Single-family dwellings;
(2) Nursery schools and child care centers are permitted accessory uses when located not less than twenty (20) feet from any other lot in any R District; provided there is established and maintained in connection therewith, a completely fenced and screened play lot; and
(3) All permitted and accessory uses as provided within the A-1 District, but not including animal and poultry husbandry on any lands used or platted for residential purposes. Regulations governing accessory facilities and uses are specified in Chapter 1181.
(b) Special Uses. The following special uses are subject to review and regulation in accordance with Chapter 1117.
(1) Micro Antenna or wireless communication antenna attached to a pole located in the right-of-way provided the antenna does not exceed more than twenty feet above the highest point of the separate antenna structure and the transmission and receiving equipment is limited to five cubic feet and located in an underground vault and positioned parallel to the road, and is situated on the non-road way side of the pole. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities". (Ord. 1203-97. Passed 7-10-97.)
(2) Cemeteries. (Ord. 1802-11. Passed 5-26-11.)
1137.03 SITE DEVELOPMENT REGULATIONS; PERMITTED USES ONLY.
(a) Lot Requirements.
(1) Minimum lot area A. 1 and 1 1/2 stories 7,500 square feet B. 2 and 2 1/2 stories 7,500 square feet (2) Minimum lot area per family A. 1 and 1 1/2 stories 7,500 square feet B. 2 and 2 1/2 stories 7,500 square feet (3) Minimum lot frontage A. 1 and 1 1/2 stories 60 feet B. 2 and 2 1/2 stories 60 feet |
(b) Yard Requirements.
(1) Minimum front yard depth A. 1 and 1 1/2 stories 25 feet* B. 2 and 2 l/2 stories 25 feet* (2) Minimum rear yard depth A. 1 and 1 1/2 stories 40 feet B. 2 and 2 l/2 stories 40 feet (3) Minimum side yard least width A. 1 and 1 I/2 stories 8 feet B. 2 and 2 l/2 stories 10 feet (4) Minimum side yard sum of least width A. 1 and 1 1/2 stories 20 feet B. 2 and 2 l/2 stories 25 feet |
(Ord. 1203-97. Passed 7-10-97; Ord. 1587-05. Passed 7-14-05.)
(c) Structural Requirements.
(1) Maximum building height 30 feet
(2) Maximum 2 1/2 story structure
(d) Parking Requirements.
(e) Signs.
*The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan. (Ord. 1203-97. Passed 7-10-97.)
1141.01 PURPOSE.
The R-2A Single-Family Residence District is provided to accommodate single family residential development at a somewhat higher density than the R-2 District, generally within the expansion areas of the City as well as within areas of similar residential character.
(Ord. 1203-97. Passed 7-10-97.)
1141.02 USES.
(a) Permitted Uses.
(1) All permitted and accessory uses as permitted within the R-2 District. Regulations governing accessory facilities and uses are specified in Chapter 1181.
(b) Special Uses. The following special uses are subject to review and regulation in accordance with Chapter 1117.
(1) All special uses as provided within the R-2 District.
(2) Micro Antenna or wireless communication antenna attached to a pole located in the right-of-way provided the antenna does not exceed more than twenty feet above the highest point of the separate antenna structure and the transmission and receiving equipment is limited to five cubic feet and located in an underground vault and positioned parallel to the road, and is situated on the non-road way side of the pole. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities". (Ord. 1203-97. Passed 7-10-97.)
1141.03 SITE DEVELOPMENT REGULATIONS; PERMITTED USES ONLY.
(a) Lot Requirements.
(1) Minimum lot area A. 1 and 1 1/2 stories 7,000 square feet B. 2 and 2 l/2 stories 7,000 square feet (2) Minimum lot area per family A. 1 and 1 1/2 stories 7,000 square feet B. 2 and 2 1/2 stories 7,000 square feet (3) Minimum lot frontage A. 1 and 1 1/2 stories 60 feet B. 2 and 2 1/2 stories 60 feet |
(b) Yard Requirements.
(1) Minimum front yard depth A. 1 and 1 1/2 stories 25 feet* B. 2 and 2 1/2 stories 25 feet* (2) Minimum rear yard depth A. 1 and 1 1/2 stories 40 feet B. 2 and 2 l/2 stories 40 feet (3) Minimum side yard least width A. 1 and 1 1/2 stories 7 feet B. 2 and 2 l/2 stories 8 feet (4) Minimum side yard sum of least width A. 1 and 1 1/2 stories 16 feet B. 2 and 2 1/2 stories 18 feet (c) Structural Requirements. (1) Maximum building height 35 feet (2) Maximum 2 l/2 story structure |
(d) Parking and Loading Requirements.
(e) Signs.
*The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan.
(Ord. 1203-97. Passed 7-10-97.)
1143.01 PURPOSE.
The R-3 One and Two Family Residence District is provided to accommodate single family development at a relatively high density, reflecting the present density of the majority of single family development within the City. These Districts would be located within the intermediate and originally developed neighborhoods of the City.
Provision is also made within this District for the construction of two (2) family units. (Ord. 1203-97. Passed 7-10-97.)
1143.02 USES.
(a) Permitted Uses.
(1) One and two-family dwellings;
(3) All permitted and accessory uses as provided within the R-2A District, but not including commercial kennels. Regulations governing accessory facilities and uses are specified in Chapter 1181.
(Ord. 1790-11. Passed 1-27-11.)
(b) Special Uses. The following special uses are subject to review and regulation in accordance with Chapter 1117.
(1) Micro Antenna or wireless communication antenna attached to a pole located in the right-of-way provided the antenna does not exceed more than twenty feet above the highest point of the separate antenna structure and the transmission and receiving equipment is limited to five cubic feet and located in an underground vault and positioned parallel to the road, and is situated on the non-road way side of the pole. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities". (Ord. 1203-97. Passed 7-10-97.)
1143.03 SITE DEVELOPMENT REGULATIONS; PERMITTED USES ONLY.
(a) Lot Requirements.
(1) Minimum lot area A. One-Family 1. 1 and 1 1/2 stories 6,000 square feet 2. 2 and 2 1/2 stories 6,000 square feet B. Two-Family 1. 1 and 1 1/2 stories 8,000 square feet 2. 2 and 2 l/2 stories 8,000 square feet (2) Minimum lot area per family A. One-Family 1. l and 1 1/2 stories 6,000 square feet 2. 2 and 2 1/2 stories 6,000 square feet B. Two-Family 1. 1 and 1 l/2 stories 4,000 square feet 2. 2 and 2 1/2 stories 4,000 square feet (3) Minimum lot frontage A. One-Family 1. 1 and 1 1/2 stories 50 feet 2. 2 and 2 l/2 stories 50 feet B. Two-Family 1. 1 and 1 1/2 stories 65 feet 2. 2 and 2 l/2 stories 65 feet |
(b) Yard Requirements.
(1) Minimum front yard depth A. One-Family 1. 1 and 1 1/2 stories 25 feet* 2. 2 and 2 l/2 stories 25 feet* B. Two-Family 1. 1 and 1 1/2 stories 25 feet* 2. 2 and 2 1/2 stories 25 feet* (2) Minimum rear yard depth A. One-Family 1. 1 and 1 1/2 stories 35 feet 2. 2 and 2 1/2 stories 35 feet B. Two-Family 1. 1 and 1 1/2 stories 35 feet 2. 2 and 2 1/2 stories 40 feet (3) Minimum side yard least width A. One-Family 1. 1 and 1 1/2 stories 7 feet 2. 2 and 2 1/2 stories 8 feet B. Two-Family 1. 1 and 1 1/2 stories 8 feet 2. 2 and 2 1/2 stories 10 feet (4) Minimum side yard sum of least widths A. One-Family 1. 1 and 1 1/2 stories 16 feet 2. 2 and 2 1/2 stories 18 feet B. Two-Family 1. 1 and 1 1/2 stories 18 feet 2. 2 and 2 1/2 stories 22 feet |
(c) Structural Requirements.
(1) Maximum building height 30 feet
(2) Maximum 2 1/2 story structure
(d) Parking Requirements.
(e) Signs.
*The front yard depth shall be measured from the established right-of-way lines as shown on the official Thoroughfare Plan.
(Ord. 1203-97. Passed 7-10-97.)
1145.01 PURPOSE.
The R-4 Multi-Family Residence District is intended to accommodate both new and existing conventional multi-family housing as well as selected types of higher density housing types at a "suburban apartment density" similar to most of the City's existing multi-family development. This District reflects most developed multi-family areas as well as areas which could serve a transitional function between single family neighborhoods and commercial areas. Certain areas located in proximity to larger open space areas would be suitable for this zoning classification as well. (Ord. 1203-97. Passed 7-10-97.)
1145.02 USES.
(a) Permitted Uses.
(1) Multiple-family dwellings;
(2) Boarding and lodging houses;
(3) Hospitals and clinics for human care; and
(4) All permitted and accessory uses as provided within the R-3 District; other accessory uses not otherwise prohibited, customarily incidental to any permitted principal use; storage garages, where the lot is occupied by a multiple-dwelling, hospital or institutional building.
(b) Special Uses. The following special uses are subject to review and regulation in accordance with Chapter 1117:
(1) All special uses as provided within the R-3 District.
(2) Micro Antenna or wireless communication antenna attached to a pole located in the right-of-way provided the antenna does not exceed more than twenty feet above the highest point of the separate antenna structure and the transmission and receiving equipment is limited to five cubic feet and located in an underground vault and positioned parallel to the road, and is situated on the non-road way side of the pole. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities".
(3) Condominiums. (Ord. 1203-97. Passed 7-10-97.)
1145.03 SITE DEVELOPMENT REGULATIONS; PERMITTED USES ONLY.
(a) Lot Requirements.
(1) Minimum lot area. A. One-family dwellings 1. 1 and 1 1/2 stories 6,000 square feet 2. 2 and 2 1/2 stories 6,000 square feet B. Two-family dwellings 1. 1 and 1 1/2 stories 6,500 square feet 2. 2 and 2 l/2 stories 6,500 square feet C. Multi-family and Other Permitted Uses 1. 1 and 1 1/2 stories 10,000 square feet 2. 2 and 2 l/2 stories 10,000 square feet 3. 3 stories 10,000 square feet (2) Minimum lot area per family. A. One-family dwelling 1. 1 and 1 1/2 stories 6,000 square feet 2. 2 and 2 l/2 stories 6,000 square feet B. Two-family dwelling 1. 1 and 1 1/2 stories 3,250 square feet 2. 2 and 2 l/2 stories 3,250 square feet C. Multi-family and other permitted uses 1. 1 and 1 1/2 stories 2,500 square feet 2. 2 and 2 l/2 stories 2,500 square feet 3. 3 stories 2,500 square feet (3) Minimum lot frontage. A. One-family dwelling 1. 1 and 1 1/2 stories 50 feet 2. 2 and 2 l/2 stories 50 feet B. Two-family dwelling 1. 1 and 1 1/2 stories 55 feet 2. 2 and 2 1/2 stories 55 feet C. Multi-family and other permitted uses 1. 1 and 1 1/2 stories 75 feet 2. 2 and 2 1/2 stories 75 feet 3. 3 stories 80 feet |
(b) Yard Requirements.
(1) Minimum front yard depth. A. One-family dwelling 1. 1 and 1 1/2 stories 25 feet* 2. 2 and 2 1/2 stories 25 feet* B. Two-family dwelling 1. 1 and 1 1/2 stories 25 feet* 2. 2 and 2 1/2 stories 25 feet* C. Multi-family and other permitted uses 1. 1 and 1 1/2 stories 25 feet* 2. 2 and 2 1/2 stories 25 feet* 3. 3 stories 25 feet* (2) Minimum rear yard depth. A. One-family dwelling 1. 1 and 1 1/2 stories 35 feet 2. 2 and 2 l/2 stories 35 feet B. Two-family dwelling 1. 1 and 1 1/2 stories 35 feet 2. 2 and 2 l/2 stories 35 feet C. Multi-family and other permitted uses 1. 1 and 1 1/2 stories 40 feet 2. 2 and 2 l/2 stories 40 feet 3. 3 stories 50 feet (3) Minimum side yard least width. A. One-family dwelling 1. 1 and 1 1/2 stories 7 feet 2. 2 and 2 1/2 stories 8 feet B. Two-family dwelling 1. 1 and 1 1/2 stories 7 feet 2. 2 and 2 1/2 stories 8 feet C. Multi-family and other permitted uses 1. 1 and 1 l/2 stories 8 feet 2. 2 and 2 1/2 stories 8 feet 3. 3 stories 10 feet (4) Minimum side yard sum of least widths. A. One-family dwelling 1. 1 and 1 1/2 stories 16 feet 2. 2 and 2 1/2 stories 18 feet B. Two-family dwelling 1. 1 and 1 1/2 stories 16 feet 2. 2 and 2 l/2 stories 18 feet C. Multi-family and other permitted uses 1. 1 and 1 1/2 stories 18 feet 2. 2 and 2 1/2 stories 20 feet 3. 3 stories 25 feet |
(c) Structural Requirements.
(1) Maximum building height 40 feet
(d) Parking Requirements.
(e) Signs.
* The front yard depth shall be measured from the established right-of-way line as shown on the Official Thoroughfare Plan.
(Ord. 1203-97. Passed 7-10-97.)
1151.01 PURPOSE.
The B-1 Neighborhood Business District is intended to provide for relatively small business and service establishments in suitable locations primarily to serve the daily staple needs of residents. (Ord. 1203-97. Passed 7-10-97.)
1151.02 USES.
(a) Permitted Uses.
(1) Minor B-1 District which is entirely surrounded by R Districts and which district, including the streets, contains less than five acres.
A. Any use permitted and as regulated in the R-4 District;
B. Retail sales and services including any local convenience retail and for service uses including: grocery, fruit or vegetable store, meat market, drug store, shoe repair shop, hardware and paint stores, barber and beauty shops, dry cleaning and laundry pickup stations, laundromats;
C. Business and professional offices, supplying commodities or performing services primarily for residents of the neighborhood;
D. Restaurant, cafe, not including dancing or live entertainment;
E. Automobile service station, minor repair and storage garages; and
F. Commercial parking lots for passenger vehicles except as otherwise provided in the Zoning Code;
G. Accessory building incidental to the principal use. Regulations governing accessory facilities and uses are specified in Chapter 1181.
(2) Major B-1 District. The following uses are allowed, provided no such use shall be permitted in a minor B-1 District.
A. Any local retail business or service establishment such as an electrical appliance shop, plumbing and heating shop, printing shop, furniture shop, interior decorating shop, and upholstery shop including automobile, boat and like upholstery;
B. Theaters, not including drive-ins;
C. Hotel; and
D. Garage for general automobile repair; but not including major body and fender work, overall painting and steam cleaning;
E. Accessory buildings incidental to the principal use. Regulations governing accessory facilities and uses are specified in Chapter 1181.
(1) Micro Antenna or wireless communication antenna attached to a pole located in the right-of-way provided the antenna does not exceed more than twenty feet above the highest point of the separate antenna structure and the transmission and receiving equipment is limited to five cubic feet and located in an underground vault and positioned parallel to the road, and is situated on the non-road way side of the pole. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities". (Ord. 1203-97. Passed 7-10-97.)
1151.03 SITE DEVELOPMENT REGULATIONS.
(a) Lot Requirements.
(1) Minimum lot area 5,000 square feet (2) Minimum lot frontage 60 feet |
(b) Yard Requirements.
(1) Minimum front yard depth. A. Dwellings: Same as permitted in R-4 District. B. Permitted Uses: 40 feet* (2) Minimum rear yard depth. A. Dwellings: Same as permitted in R-4 District. B. Permitted Uses: 40 feet |
(3) Minimum side Yard width.
A. Dwellings: Same as permitted in R-4 District.
B. Permitted Uses: None required except adjoining any R-District in which case, not less than 10 feet.
(c) Structural Requirements.
(1) Maximum building height shall be forty (40) feet.
(d) Parking and Loading Requirements.
(e) Signs.
(f) Supplementary Regulations.
(1) All permitted businesses, services or processing shall be conducted wholly within a completely enclosed building except for the sale of automotive fuel, lubricants and fluids at service stations and except for off-street automobile parking and loading.
(2) Within a major B-1 District all principal permitted buildings shall be located at least fifty (50) feet from any lot in any R District.
(3) In any B-1 District fronting directly across the street from any R-2 or R-3 District, the parking and loading facilities shall be distant at least twenty- five (25) feet from the established right-of-way line, and the buildings or the structures at least seventy-five (75) feet from the established right of way.
(4) Goods shall consist primarily of new merchandise.
(5) Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water-carried waste.
*The front yard depth shall be measured from the established right-of-way line as shown on the Official Thoroughfare Plan.
(Ord. 1203-97. Passed 7-10-97.)
1153.01 PURPOSE.
The B-2 General Business District is intended to provide for a variety of retail, service and administrative establishments required to satisfy the needs of the overall community. This District is also intended to accommodate retail trade establishments in the community which cannot be practically provided for in a neighborhood commercial district development.
(Ord. 1203-97. Passed 7-10-97.)
1153.02 USES.
(a) Permitted Uses.
(1) All permitted uses as provided within the B-1 Neighborhood Business District.
(2) Department stores;
(3) Establishments engaged in the retail trade of: drugs, book and stationery stores, apparel stores, jewelry stores, optical goods stores, furniture, home furnishings, cameras-photo supplies, hardware, hobby shops, music, musical instruments, pet sales and supplies, radio and television sales and service, sporting goods, newsstands and similar retail activities, bakery shops, dry cleaning and laundry pick-up station, laundromats, etc.;
(4) Office equipment and office supply stores;
(5) Establishments engaged primarily in the fields of finance, insurance and real estate such as banks, credit agencies, investment firms, real estate and insurance offices;
(6) Miscellaneous business services such as advertising, news syndicates, employment agencies, travel bureaus and ticket offices;
(7) Engineering and architectural services, legal services, accounting, auditing and bookkeeping services;
(8) Nonprofit, professional, service, charitable and labor organizations;
(9) Business schools or private schools operated for a profit;
(10) Theaters, not including drive-ins;
(11) Restaurants, including drive-in or fast food;
(12) Post office and governmental office buildings;
(13) Automobile service stations;
(14) Auto and truck rental; new and used car, truck, bicycle or motorcycle sales and services; boat and marine equipment sales, rental and service; trailer sales and rentals; tire sales and repair;
(15) Cultural institutions including public libraries, public art galleries and public museums;
(16) Bowling alleys, indoor skating rinks and similar recreational uses;
(17) Building supplies, garden supplies; commercial greenhouses;
(18) Commercial baseball fields; swimming pools; golf driving ranges, or similar open air recreational uses and facilities;
(19) Carpenter, sheet metal and sign painting shops;
(20) Medical and dental offices, clinics, health centers and hospitals;
(21) Wholesale sales, warehouses and distribution firms; and
(Ord. 1203-97. Passed 7-10-97.)
(22) Retail tobacco stores, provided that such stores are located in freestanding structures, and including:
A. Smoking establishments provided that:
1. The parcel on which a smoking establishment is to be located is more than 125 feet from any parcel in a residential district, and
2. Access to the smoking establishment is restricted to persons eighteen years of age or older.
(23) Accessory buildings and uses incidental to the principal use and as regulated in the B-1 District, except of a type which is prohibited in the M-l District as a principal use. (Ord. 1901-14. Passed 1-8-15.)
(b) Special Uses. The following special uses are subject to review in accordance with Chapter 1117. (Ord. 1203-97. Passed 7-10-97.)
(Ord. 1538-04. Passed 7-22-04.)
(2) Animal hospitals and/or indoor kennels;
(Ord. 1790-11. Passed 1-27-11.)
(3) Body Shop;
(4) Manufactured/mobile home parks;
(5) Night clubs, discotheques, etc;
(6) Temporary and/or outdoor sales of plants and garden supplies; and
(7) Micro Antenna or wireless communication antenna attached to a pole located in the right-of-way provided the antenna does not exceed more than twenty feet above the highest point of the separate antenna structure and the transmission and receiving equipment is limited to five cubic feet and located in an underground vault and positioned parallel to the road, and is situated on the non-road way side of the pole. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities". (Ord. 1203-97. Passed 7-10-97.)
1153.03 SITE DEVELOPMENT REGULATIONS.
(a) Lot Requirement.
(1) Minimum lot area 10,000 square feet (2) Minimum lot frontage 80 feet |
(b) Yard Requirements.
(1) Minimum front yard depth. A. Dwellings: Same as permitted in R-4 District. B. Permitted Uses: 40 feet* (2) Minimum rear yard depth. A. Dwelling: Same as permitted in R-4 District. B. Other Permitted Uses: 40 feet (3) Minimum side yard width. A. Dwelling: Same as permitted in R-4 District. B. Other Permitted Uses: None except adjacent to an R District in which case not less than 20 feet. (c) Structural Requirements. (1) Maximum building height 40 feet (3 stories) |
(d) Parking and Loading Requirements.
(e) Signs.
(f) Supplementary Regulations.
(1) A request to rezone land to B-2 General Business District shall be substantiated with evidence that:
A. Such a use shall not conflict with the intended function of a major street to carry traffic; and
B. That the capacity of the street(s) shall not be materially reduced by the additional commercial facilities.
Where necessary to achieve these conditions, the developer may be requested to provide special thoroughfare improvements such as dedication of right-of-way and/or easement.
(2) All merchandise, new and used, with the exception of boat, automobile, truck or farm implements and plants and garden supplies when approved as special uses, shall be stored within a completely enclosed building. Open storage may be permitted if located behind the principal structure and if visually screened from the street and adjacent properties by a landscaped screen, fence or wall as defined in Chapter 1185.
* The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan.
(Ord. 1203-97. Passed 7-10-97.)
1155.01 INTENT.
The purpose of the planned unit development ("PUD") district provisions is to provide a means of development that is flexible and innovative when development of a site by standard, more rigid, conventional zoning district regulations may produce less efficient use of the land and less amenities and benefits for the community and users of the development. Development under planned unit development provisions provides a means for encouraging ingenuity, imagination and flexibility on the part of landowners, engineers, architects, site planners and developers in the planning and design of land areas. It is not the intent of the planned unit development provisions to allow applicants to circumvent the intent of this Zoning Code or to allow development of land not in conformance with the Land Use Plan of the City.
(Ord. 1474-02. Passed 9-26-02.)
1155.02 PUD APPLICABILITY.
The use of the Planned Unit Development procedures contained in this Chapter are not mandatory for the development of any parcel of land. The intent and purpose of this process is to administratively encourage an alternative procedure, which maximizes the utilization of land primarily for the benefit, use and enjoyment of the businesses and residents of that area, as well as the existing community.
Proposals for development shall be developed under PUD district provisions when the Director determines the development proposal exhibits one or more of the following listed characteristics or a characteristic of similar magnitude or nature.
(a) The total gross area of the proposed development is ten acres or more in size, except;
(1) Detached single-family developments of less than 100 lots submitted for development under R-2 or R-2A and R3 zoning district requirements;
(2) Multi-family developments submitted under R-4 zoning district requirements;
(3) Developments proposed for A-1 zoned property and all of the uses proposed for the development are permitted by A-1 zoning; or
(4) Expansions of existing Business and Industrial developments with the appropriate zoning designation.
(b) The proposed development involves uses permitted by standard zoning districts in accordance with the provisions of Chapters 1135 through 1177 of this code, and such uses are permitted by one or more PUD Districts, and without PUD District Zoning classification the development would normally require the approval of more than one standard zoning district.
(Ord. 1474-02. Passed 9-26-02.)
1155.03 TYPES OF PLANNED UNIT DEVELOPMENT DISTRICTS.
Types of planned unit development districts include R-PUD (Residential Planned Unit Development), B-PUD (Business Planned Unit Development), MX-PUD (Mixed Use Planned Unit Development), and M-PUD (Industrial Planned Unit Development). Each PUD District shall be governed by the requirements specified for each respective PUD District and the general provisions governing Planned Unit Developments.
(Ord. 1474-02. Passed 9-26-02.)
1155.04 GENERAL PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENTS.
(a) Definitions and Interpretation. For the purposes of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
ACTUAL START OF CONSTRUCTION. Either the first placement or permanent construction of a structure on a site, such as the pouring of slab footings or the installation of piles. The following shall not be construed as or be interpreted as constituting the ACTUAL START OF CONSTRUCTION: land preparation, such as clearing, grading and filling; the excavation for a basement, footings, piers, foundations or the erection of temporary forms.
COMMUNITY. The physical environs and area located either totally or partially within the boundaries of the City.
DIRECTOR. For the purposes of this document, the Planning Director shall be the City Planner or the City Manager’s Designee.
IMPERVIOUS SURFACE. All surfaces that do not absorb water, including but not limited to roads, sidewalks, parking areas, roofs, and any area paved in concrete, asphalt, or solid pavers.
INSTITUTIONAL USES. Colleges, universities, schools with any of first through twelfth grades, seminaries, churches, places of worship, public or governmental libraries, hospitals and medical centers, museums, governmental or public offices and buildings, community centers, indoor recreation centers, cemeteries, or uses of similar character.
MAIN BUILDING or MAIN STRUCTURE. A building in which is conducted the main use of the lot where the building is situated and includes areas such as garages, carports, and storage areas that are attached to such building or structure. Such term shall not include buildings or structures in which accessory uses are conducted.
MAIN USE. The principal use or uses to which the premises are devoted and the principal purpose or purposes for which the premises exist.
OPEN SPACE. Any area or areas within a development not covered by structures, parking lots, asphalt and/or concrete pavement. As determined by the Planning Commission, walkways and certain structures that are an integral part of a landscaping and beautification plan for development may be counted as open space.
PUD. The Planned Unit Development.
PUD AGREEMENT. An agreement, entered into between the city and the developer, intended to assure the completion of certain improvements, either not usually included in a subdivider's agreement and performance bond or in the absence of a subdivider's agreement and performance bond, which may not otherwise be completed in a timely and satisfactory manner. Such improvements may include, but are not limited to, landscaping, roadway improvements, and detention facilities.
SPECIFIC SITE PLAN. A detailed development plan for a part of, or all of, a planned unit development indicating the specific proposed locations of structures and signs, parking areas, means of vehicular access and movement, pedestrian walkways, landscaping and open space, lighting plans, buffering and screening devices, utility services, drainage and runoff control systems, and other details as required by this chapter.
SLOPE. The relationship between the change in elevation of land (rise) and the horizontal distance over which that change in elevation occurs (run). Slope shall be calculated by dividing the rise by the run, multiplied by 100, and expressed as a percentage.
SUPPLEMENTARY CONDITIONS. The Planning Commission or City Council may require conditions that modify or alter proposed PUD zoning classification application or specific site plan applications.
(b) Project Control and Ownership. Planned unit development district designation is intended to apply to development sites that are under single ownership or unified control. The project land may be owned, leased, or controlled by either one or more persons, partnerships, corporations or other appropriate business associations capable of satisfying the objectives and requirements of the planned unit development district. The city may require proof of ownership, covenants, easements, and other forms of property rights or control to ensure satisfactory compliance with PUD objectives and requirements.
(c) PUD Agreement. Upon approval of a specific site plan, the city, at its sole discretion, may require the PUD developer to enter into a PUD agreement with the city, and to furnish a performance bond for the purposes of assuring completion of all requirements for improvements such as landscaping and drainage control facilities and any conditions and safeguards as may be set by the City Council and the adopted ordinance approving the specific PUD development. At its discretion, the city may accept a letter of credit or other form of performance guarantee and security in lieu of a performance bond. In all cases the sufficiency and adequacy of such bond, letter of credit or other form of guarantee or security shall be at the sole determination of the city.
(d) Utility Requirements. All initial and all future expanded utility systems within the limits of all planned unit development districts are required to be placed underground. Utility systems subject to this requirement shall be those that primarily serve the development within the PUD district and shall include, but not be limited to telephone, cable television, and electrical systems. Appurtenances of these systems which can be effectively screened may be excluded from this requirement if the Planning Staff determines that such appurtenances are essential for utility service to other areas of the community and that such exclusion will not violate the intent or character of the proposed planned unit development or any conditions, restrictions or other requirements imposed upon the development.
(e) Application Process and Sequence. Due to the flexible and special character of planned unit development districts and projects, and to assist reviewing authorities in evaluating the merits and making findings of proposed PUD projects, the full PUD approval process generally involves either a two stage review or a single stage/concurrent review. The applicant may select either the two-stage review process or the single stage/concurrent review process. Unless the applicant informs the Planning Director at the time of submission of the PUD zoning classification application of selection of the single stage/concurrent review process, the applicant shall be considered to have selected the two stage review process.
(1) Two-stage review process.
A. First stage. The first stage of the two-stage PUD review process shall consists of submission of an application for PUD zoning classification in accordance with division (f) of this section and Section 1155.05(a) - (c). The Planning Commission shall review and make a recommendation on the PUD zoning classification application in accordance with Section 1155.05 (d) - (f). The City Council then, in accordance with Section 1155.05(g) and (h), reviews the PUD zoning classification application and makes a decision to either approve as submitted, approve with supplementary conditions or disapprove the application. Approval of PUD zoning classification constitutes only approval of PUD district zoning for the subject property. A specific site plan shall be submitted and approved prior to the issuance of a City zoning permit for the subject property.
B. Second stage. Unless the applicant selects the single stage/concurrent review process as per division (f)(2) of this section, the second stage of the two-stage PUD approval process begins at the initiation of the applicant and only if the PUD zoning classification application submitted in the first stage was approved or approved with supplementary conditions by City Council. The second stage generally consists of submission of a specific site plan for the subject property in accordance with division (f) of this section and Section 1155.06(a), (b), (e), and (f). An administrative review and recommendation upon the specific site plan application is then conducted by the Planning Commission in accordance with Section 1155.06(g), (h) and (i). The City Council then, in accordance with Section 1155.06(j) and (k), reviews the specific site plan application and makes an administrative decision to either approve the application as submitted, approve with supplementary conditions or disapprove.
(2) Single stage/concurrent review process. At the applicant's option the first and second stage of the two-stage review process may be combined for a single stage/concurrent review process. If the applicant elects such option, a PUD zoning classification application and a related specific site plan application, in accordance with Section 1155.05(c) and 1155.06(b), shall be simultaneously submitted by the applicant and both applications shall proceed through a single stage/ concurrent review process. In such case, the Planning Commission shall concurrently review both applications, but shall first make a recommendation upon the PUD zoning classification prior to making a recommendation upon the specific site plan application. The City Council then shall concurrently review both applications, but shall first act upon the PUD zoning classification prior to taking administrative action upon the specific site plan application.
(f) Application Completeness and Officially Filed Status. Planned unit development and specific site plan applications shall not be considered officially filed until the applicant has submitted all applicable filing fees, and submitted to the Planning Department all information as may be required by this Zoning Code. Completeness of an application and submission of all necessary information is the responsibility of the applicant. Only after an application is determined by the Director to be complete and officially filed will application review procedures begin. Applications for specific site plan approval that do not adhere to the substantial conformance requirements of Section 1155.06(e) may be considered to be incomplete, not officially filed, and not subject to city review procedures.
(g) Site Arrangement Requirements. The buildings, circulation, open space, landscaping and other elements of the proposed PUD development shall be arranged, planned and designed on the site to produce:
(1) Favorable relationships with the existing natural topography, bodies of water or water courses, existing desirable vegetation, exposure to significant views and exposure to sunlight and wind;
(2) Safety, convenience and ease of pedestrian and vehicular movement on, about and throughout the site and between the site and the community;
(3) An overall positive visual quality throughout, into and from the development site;
(4) An efficient, functionally organized, and cohesive development; and
(5) All areas designed for future expansion or not intended for immediate improvements or development shall be landscaped or otherwise maintained in a neat and orderly manner.
(6) Landscaping and screening shall be as specified in Section 1187.05, the City Landscape Manual, also available at the Community Development Department.
(h) Zoning Map Identification. Areas approved as a planned unit development district will be clearly marked and identified on the zoning map by indicating the specific PUD district upon which approval was granted, either R-PUD, B-PUD, MX-PUD or M-PUD; followed by the appropriate case number.
(i) Multiple Pud Projects. A proposed PUD project, either voluntary or mandatory, shall be considered a "multiple PUD project" when each individual use proposed for the project is permitted by at least one of the various PUD zoning districts (Example: RPUD), while at the same time all of the proposed uses for the project are not permitted by only one, single PUD zoning district (Example: R-PUD and B-PUD). A multiple PUD project requires differing PUD district zoning classifications for respective, contiguous portions of the property proposed for development. When the proposed development is a multiple PUD project the applicant shall file a single PUD zoning application, identifying each specific PUD zoning district, incorporating a functional and general location phasing plan for each individual PUD, a functional and general locational sequencing schedule for the full multiple PUD project, and all other necessary application materials as per Section 1155.05 (c). A multiple PUD differs from an MX-PUD (Section 1155.13) in that the differing uses (such as, residential mixed with commercial) are located in the distinctive appropriate PUD District.
(j) Transition of Pud Provisions and Regulations.
(1) Effective date of Sections 1155.01 through 1155.14 revisions. The provisions and regulations of this Zoning Code pertaining to planned unit developments, Sections 1155.01 through 1155.14, have hereby been established by Ordinance No. 1474-02. As used in this section, the effective date of the planned unit development provisions and regulations is the same as the effective date of Ordinance No. 1474-02.
(2) Applications filed prior to effective date. All PUD applications and all requests to modify, change, amend or alter a PUD that are officially filed shall be governed by the PUD provisions and regulations in effect on the official filing date of the application or request.
(3) Applications filed after effective date. On and after the effective date, all PUD applications and all requests to modify, change or alter a PUD shall be governed by the PUD provisions and regulations in effect at that time.
(k) Appeal of Director Determination. In order to assure that Planning Commission and City Council have all information pertinent to the decision making process contained within this chapter, the Director has been given the responsibility to require additional information as necessary in order for Planning Commission and City Council to make an informed decision. Any applicant who objects to the provision of additional information may request a determination by Planning Commission at its next regularly scheduled meeting. No further action shall take place regarding the application and submission until the Planning Commission has rendered its decision, which shall be final. (Ord. 1474-02. Passed 9-26-02.)
1155.05 APPROVAL PROCEDURES FOR PLANNED UNIT DEVELOPMENT ZONING CLASSIFICATION.
(a) Notice to Applicants. Notice is hereby provided to all applicants that: The issuance of a City zoning permit for all or any portion of a PUD project requires City Council approval of a specific site plan; and
(b) Pre-Application Meeting. Prior to filing an application for a Planned Unit Development, the applicant or developer shall meet with the Director or the Director's designee. The purpose of this meeting is to informally and generally discuss the proposed development and the purpose, criteria and standards of the Planned Unit Development provisions and this code, and to provide the prospective applicant an opportunity to ask questions about PUD requirements and the PUD review and approval process. The applicant shall note that no statement or representation of the Director, the director's designee or any representative of the City during this pre-application meeting and any subsequent pre-application meetings shall be binding upon the Planning Commission, the City Council or the city.
(c) Planned Unit Development Application. The applicant shall officially file, in accordance with Section 1155.04(f), an application for planned unit development district classification with the Planning Department and shall make payment to the city in an amount equal to the established filing fee applicable to the PUD application for the proposed development. The application shall contain an application original and copies of all application materials in a quantity specified by the Planning Department. The application shall contain, but not be limited to, the following information:
(1) Name, address and telephone number of the applicant. If the applicant is not the sole owner of the subject property the application shall contain the name, address and telephone number of all owners of the property;
(2) Each application shall be signed by the applicant, attesting to the truth and exactness of all information supplied on and with the application. If the applicant is not the owner of the property proposed for PUD zoning classification, the applicant shall submit a current notarized, written statement from the property owner(s) appointing the applicant as the owner's agent. The statement shall further acknowledge the owner's consent to be bound by the application, by any agreement made by the agent, and by all decisions made by the City on this matter;
(3) A written and signed "letter of intent" from the applicant establishing the applicant's intentions as to development of the property, including existing and proposed use(s) of the property, and a detailed description of the common ownership or unified control of the entire property or properties included in the proposed development;
(4) A location map of the property at a scale of one inch = 1,000 feet, indicating location and boundary of the proposed PUD, and names of existing streets surrounding the proposed PUD;
(5) The current zoning classification of each property included in the proposed development;
(6) A written legal description of the property proposed for PUD classification. If a multiple PUD project is involved, the legal description for each proposed individual PUD shall be provided;
(7) A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography showing contours by two-foot intervals, existing natural and man-made features of the development site, including major wooded areas, floodplains and wetland areas, structures, streets, easements, utility lines and current land use. If a multiple PUD project is involved, the applicant shall provide the dimensions and bearings, and acreage for each proposed individual PUD zoning district;
(8) A location map showing the area proposed for PUD zoning classification and all properties within 500 feet from the exterior boundaries of the area proposed for PUD zoning. The applicant shall provide a list of the names and addresses of all owners of properties within 200 feet from the exterior boundaries of the area proposed for PUD zoning. The names and addresses of property owners shall be those available from the Montgomery County Auditor's office and current within 14 days prior to submission of PUD zoning classification application to the Planning Department. If the review and approval process of the application is substantially delayed, the Director may require the applicant to submit an updated list of names and addresses of owners of such properties;
(9) At a scale suitable for public meeting presentation purposes (preferred approximate scale of one-inch = 200 feet), sketch plans and development concepts regarding land use, types of residential development, generalized location of various land uses, generalized street access and vehicular circulation pattern, proposed setback from surrounding properties and general concepts for screening and buffering, generalized type and location of proposed recreational or open space areas and facilities, and conceptual layout and arrangement of the property. The applicant may indicate proposed building locations. The applicant shall furnish an 81/2" × 11" transparency of this information suitable for projection by use of an overhead transparency projector onto a viewing screen, as well as an electronic formatted copy suitable for PowerPoint presentation;
(10) Evidence of availability of water supply and sanitary sewer service;
(11) Estimated vehicular traffic volume generated by the proposed development and proposed street improvements;
(12) An estimated time schedule, including proposed starting and completion dates, indicating the timing and generalized location of development of generalized land use and functional areas, various phases of the project, and improvements to be constructed. If a multiple PUD project is involved, the sequencing, timing and functional relationship between each proposed individual PUD shall be provided;
(13) If a B-PUD, MX-PUD or M-PUD is proposed, a listing, by individual PUD phase, and if applicable, by multiple PUD sequence, indicating the coverage or percent of total land area covered by buildings and all other impervious surfaces. If an R-PUD is proposed, a listing, by individual PUD phase, indicating the percent of the total proposed area of open space to be provided;
(14) A listing of intended uses of the proposed PUD and the corresponding type of PUD Zoning District (R-PUD, B-PUD, MX-PUD, and M-PUD) in which each listed use is identified as permitted or accessory;
(15) A listing of any intended uses which may require a special use application; a listing of any intended uses not identified as a permitted or accessory use in any type of PUD zoning district; and a listing of any intended uses which may require a determination of similarity of use. If any such list is submitted, the applicant shall meet and further confer with the Director regarding the provisions of Section 1155.09(a) and (b);
(16) A schedule and listing of the total proposed square footage of buildings for each proposed PUD, and if applicable, also for the total multiple PUD project. If an R-PUD or MX-PUD is proposed, the proposed overall gross residential dwelling unit density for each PUD, and a schedule and listing of the proposed total number and type of dwelling units; and
(17) Any additional information as may be required by the Director within 15 days of the date of submission.
(18) When any applications to the City for some permit, certificate or approval involves submission of technical information by the applicant, it is recognized that the City may need to incur expenses for the services of engineers or other experts to evaluate such technical data. As a condition of the City agreeing to consider any such application, the applicant must agree to reimburse the City at once for any such expenses. That reimbursement must be received by the City before any such permit, certificate or approval is issued.
(19) A condition of the City agreeing to consider any application for a permit, certificate or approval shall be that the applicant must pay the cost of publishing any newspaper notice of any public hearings on the application, and of any ordinance that grants the application in whole or in part. Similarly, the applicant must agree to reimburse the city for any postage expense of mailing notices of the proceedings.
(d) Planning Commission Public Hearing and Notice. Notwithstanding Section 1127.02(c) of the Codified Ordinances, the Planning Commission shall hold a public hearing on an officially filed planned unit development zoning application within 45 days after the application's official filing date. Before holding such public hearing, notice of the hearing shall be given in accordance with Section 1127.02(c) of the Codified Ordinances. Notwithstanding Section 1127.02(c) of the Codified Ordinances, notice shall also be provided by certified mail at least 15 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 200 feet from the exterior boundaries of the area proposed for PUD zoning classification. Mailed, newspaper publication and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed development. The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application. (See also Section 7.2 of the Charter of the City of Moraine)
(e) Planning Commission Review and Recommendation of Pud Application. After a planned unit development application has been determined to be officially filed in accordance with Section 1155.04(f), the Planning Commission shall review and study the application and any accompanying materials. In the course of its study the Commission may confer with other agencies of government, request additional information or clarification from the applicant, and request additional study and comments from the Planning Department staff. Within 30 days after completion of the public hearing required in division (d) of this section, the Planning Commission shall, by resolution, recommend to the City Council that the request for planned unit development zoning classification be approved as presented, or approved with supplementary conditions or modifications, or disapproved. The Commission shall then transmit to the City Council all papers constituting the record and the resolution containing the Commission's recommendation. If the Commission recommends approval with supplementary conditions, such conditions shall be fully expressed in the recommendation resolution. Any normally permitted or accessory use that is recommended to be excluded from the specific planned unit development shall be fully identified and expressed in the Commission's resolution and based upon findings in accordance with Sections 1155.11(b), 1155.12(b), 1155.13(b), and 1155.14(b). If the Planning Commission determines, in order to conduct a sufficient review and make its recommendation, that additional information is required from the applicant or additional study is required, the Commission may table consideration of the application until such additional information is received by the Commission or the Commission's study is complete.
(f) Criteria for Planning Commission Recommendation. Before making a recommendation for approval or approval with supplementary conditions or modifications, as per division (e) of this section, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing, and any modifications, amendments or supplementary conditions, satisfy the standards and criteria for planned unit development approval as per division (i) of this section.
(g) City Council Public Hearing and Notice. Within ten days after the receipt of the Planning Commission recommendation and resolution, the Clerk of City Council shall set a date for a City Council public hearing and such hearing, notwithstanding Section 1127.02(c) of this code, shall be held as soon as reasonably possible thereafter. Before holding such public hearing, notice of the hearing shall be given in accordance with Section 1127.02(c) of this code. Notwithstanding Section 1127.02(c) of this code, notice shall also be provided by certified mail at least 15 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 200 feet from the exterior boundaries of the area proposed for PUD zoning classification. Mailed, newspaper publication and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed development. The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application. (See also Section 7.2 of the Charter of the City of Moraine)
(h) Action by City Council. Within 30 days after completion of the public hearing as required in division (g) of this section, the Council shall, by an affirmative vote of at least four of its members, either deny the recommendation of the Planning Commission or introduce and hold the first reading of an ordinance adopting or modifying such recommendation. Following the second reading of the ordinance, a planned unit development zoning classification request shall be either approved, approved with supplementary conditions, or disapproved by at least four members of City Council. In the event the City Council approves the planned unit development, with or without supplementary conditions, the Council shall find, by ordinance, that the facts submitted with the application and presented at the public hearing, and any modifications, amendments or supplementary conditions satisfy the standards and criteria for planned unit development approval as per division (i) of this section. If City Council approves the Planned Unit Development zoning classification, the approval ordinance shall fully set forth any and all supplementary conditions for approval, and all standard district permitted or accessory uses excluded from the specific planned unit development shall be fully expressed in the approval ordinance and based upon findings in accordance with Sections 1155.11(b), 1155.12(b), 1155.12(c) and 1155.13(b). If the City Council determines in order to conduct a sufficient review and make its recommendation that additional information is required from the applicant or additional study is required, the Council may table consideration of the application until such additional information is received by the Council or the Council's study is complete. Any decision rendered by City Council shall be completed within 60 days from the Planning Commission’s recommendation (City Charter Section 7.2)
(i) Standards and Criteria for Planned Unit Development Zoning Approval. A planned unit development zoning classification shall only be approved when the following standards and criteria are satisfied.
(1) The planned unit development complies with the purpose and intent of this Zoning Code;
(2) The proposed development promotes the health, safety and general welfare of the present and future inhabitants of the City;
(3) The proposed zoning and the conditions and requirements incorporated within the ordinance approving the PUD zoning district provide for minimizing impacts on the surrounding development;
(4) The site will be accessible from current or planned public thoroughfares adequate to carry traffic which will be imposed upon them by the proposed development;
(5) Potential impacts on public services and facilities can be mitigated by site and building design and the benefits which will accrue to the City and the public;
(6) Existing and proposed utility services for the proposed residential population densities and nonresidential uses are or will be available to the project;
(7) The proposed development complies with applicable requirements and conditions of Section 1155.04;
(8) Each individual section or sub-area of the development, as well as the total development, can exist as a functionally independent environment. In the alternative and at the discretion of the City, adequate assurance has been provided by the applicant and to the satisfaction of the City that such objective will be achieved;
(10) The planned unit development can be substantially completed within the time specified in the schedule of development submitted by the applicant.
(Ord. 1474-02. Passed 9-26-02.)
1155.06 APPROVAL PROCEDURES FOR SPECIFIC SITE PLAN.
(a) Notice to Applicants. Notice is hereby provided to all applicants that:
(1) Approval of PUD zoning classification shall not be deemed approval of a specific site plan or approval of a zoning permit;
(2) The issuance of a City zoning permit for all or any portion of a PUD project requires City Council approval of a specific site plan; and
(3) In accordance with divisions (c) and (d) of this section, unless an extended approval period is granted by City Council, approval of any specific site plan shall expire if actual construction has not been completed in either phases or its entirety in the area of approval for the respective specific site plan within five years from the effective date of City Council approval of the plan. In accordance with Section 1155.04 (f), the specific site plan shall proceed through the review and approval process as per divisions (g) - (k) of this section, and shall be approved by City Council. The applicant shall submit a specific site plan application only after the subject property has been granted PUD zoning classification approval, however, an applicant may elect to submit the specific site plan application at the same time as submission of PUD zoning classification application. If the applicant elects such option, a PUD zoning classification application, as per Section 1155.05(c), and a related specific site plan application, as per division (d) of this section, shall be simultaneously submitted by the applicant and reviewed concurrently by the City as per Section 1155.04 (f). All specific site plan applications shall incorporate a minimum area of five acres (phasing). In cases in which the total gross area of the property approved for PUD zoning classification is less than five acres, the specific site plan shall incorporate 100% of the PUD property. In all cases the area incorporated in a specific site plan shall be contiguous.
(b) Expiration of Specific Site Plan Approval. Unless an extended approval period is granted in accordance with division (c) of this section, approval or approval with supplementary conditions of any specific site plan shall expire if, in the judgment and determination of the city, the actual completion of construction has not been completed in either phases or its entirety in the approved area of the respective specific site plan within five years from the effective date of City Council approval of the respective plan. In the event of expiration of an approved specific site plan, the applicant shall start afresh, submit a specific site plan application in accordance with Section 1155.04(f) and division (d) of this section, and the application shall proceed through the review and approval process as per divisions (g) - (k) of this section.
(c) Extension of Specific Site Plan Approval Period. Upon request by the owner, a one-time only, administrative extension of the five-year approval period for a specific site plan may be granted by the City Council. In the event such an extension is granted the period of extension shall not exceed two years. The owner shall submit a written request for an extended site plan approval period to the Director. The written request shall be submitted no sooner than nine months prior to, but no later than 90 days prior to the expiration date of the approved specific site plan which is the subject of the request for approval period extension. The written request shall include the necessity for the extension; submission of documentation and evidence that the owner has made a reasonable effort to begin the actual start or completion of construction; the reason(s) why construction has not actually started or been completed to date and will not start prior to expiration of the specific site plan; the requested length of time to extend the specific site plan approval period (not to exceed two years); a description of the impact and major effects upon the full PUD project if the requested extension is not approved; a description of the major effects upon the full PUD project if the requested extension is approved, including changes in phasing or staging plans; and a revised time schedule showing the dates when construction will actually start for the area of the specific site plan and, if applicable, the remaining areas of the complete PUD project. Within 30 days from the Director's receipt of the owner's written request the Director shall forward the owner's request and the Director's comments and recommendation to the City Council. Within 30 days after City Council receives the request and the Director's comments and recommendation, the Council shall take administrative action upon the request. The City Council shall, by resolution and administrative action, either deny the request for extension, approve the request for extension as submitted, or approve the request for extension for a lesser period of time than requested by the owner. Any extension of approval period for a specific site plan shall become effective and begin to run on the date of Council approval of such extension. Council shall approve an extended approval period for a specific site plan only when the following conditions are satisfied:
(1) The owner has submitted a written request for an extended approval period for the specific site plan;
(2) The subject property currently has a PUD zoning classification;
(3) The approval period for the specific site plan has not been previously extended by City Council;
(4) An extension of approval period for the specific site plan will not cause the city to breach any PUD agreement made with the owner;
(5) The owner, in the judgment of the Council, has taken reasonable steps and made reasonable efforts to actually start or complete construction;
(7) An extended approval period for the specific site plan promotes the health, safety and general welfare of the present and future inhabitants of the City; and
(8) The period of extension for the specific site plan does not exceed two years.
(d) Specific Site Plan Application. The applicant shall, in accordance with Section 1155.04 (f), officially file an application for a specific site plan with the Planning Department, and shall make payment to the City in an amount equal to the established filing fee applicable to the specific site plan application for the proposed development. As per division (f) of this section, the specific site plan shall substantially conform to the PUD zoning plans, concepts, schedules, development information and conditions as approved or as approved with conditions by City Council. The application shall contain an original application and copies of all required application materials in a quantity specified by the Planning Department. The application shall contain, but not be limited to, the following information:
(1) Name, address and telephone number of the applicant. If the applicant is not the sole owner of the subject property the application shall contain the name, address and telephone number of all owners of the property;
(2) Each application shall be signed by the applicant, attesting to the truth and exactness of all information supplied on and with the application. If the applicant is not the owner of the property proposed for the specific site plan, the applicant shall submit a current notarized, written statement from the property owner(s) appointing the applicant as the owner's agent. The statement shall further acknowledge the owner's consent to be bound by the application, by any agreement made by the agent, and by all decisions made by the City on this matter;
(3) The legal description of the property incorporated in the proposed specific site plan;
(4) A location map showing the area proposed for specific site plan approval and all properties within 500 feet from the exterior boundaries of the PUD zoning property which contains the area proposed for specific site plan approval. The applicant shall provide a list of the names and addresses of all owners of properties within 200 feet from the exterior boundaries of the area proposed for PUD zoning. The names and addresses of property owners shall be those available from the Montgomery County Auditor's Office and current within 14 days prior to submission of specific site plan application to the Planning Department. If the review and approval process of the application is substantially delayed, the Director may require the applicant to submit an updated list of names and addresses of owners of such properties;
(5) A detailed site plan at a scale no smaller than one-inch equals 100 feet, showing, at minimum, the location, outline and use of all structures, all proposed public rights-of-way, access easements, vehicular streets and parking areas, pedestrian walkways and paths, any bikeways, any proposed recreation facilities and areas, and any sites for public facilities. If the proposed project is a multiple PUD project, the detailed site plan may incorporate portions of individual PUD's that compose the multiple PUD. The applicant shall furnish an 81/2" × 11" transparency of this information suitable for projection by use of an overhead transparency projector onto a viewing screen, as well as an electronic formatted copy suitable for PowerPoint presentation;
(6) All proposed vehicular parking areas shall be shown by total number of spaces, setbacks from structures and lot lines, dimensions of each parking space, location and dimensions of handicapped parking spaces, access aisles, points of ingress and egress, and landscaped areas. Fire lanes and location of "Fire Lane - No Parking" signs shall be shown;
(7) The dimensions, height, gross floor area, entrances and setbacks of all structures;
(8) The principal type of use, gross leasable floor area and entrances for all proposed business, office, industrial and nonresidential structures;
(9) Right-of-way width and street names for all proposed public and private streets and rights-of-way;
(10) A map with contour intervals of two feet which shows the proposed final topography of the development site;
(11) Engineering studies and plans showing, to the extent determined appropriate by the City, street improvements, nature and extent of earth work required for site preparation and development, location and size of water, sanitary sewer and storm drainage control systems, and waste disposal facilities;
(12) Location of fire hydrants and any fire connections to buildings;
(13) Any proposed street widening improvements and turn lane improvements adjacent to the project area;
(14) Landscaping and screening shall be as specified in Section 1187.05, the City Landscape Manual, also available at the Planning Department.
(15) Lighting plans showing location and type of all proposed external lighting of parking, building and landscaped areas, streets and access-ways;
(16) The amount of open space and its percentage of developed area for each phase of development;
(17) When a planned unit development includes provisions for common open space, access easements, recreational facilities, or drainage control facilities, a statement describing the provisions for the care and maintenance thereof is required. If it is proposed that such open space or facilities be owned and/or maintained by any entity other than a governmental authority, copies of proposed documents assuring maintenance and care and covenants running with the land shall be submitted. If it is proposed that such open space or facilities shall be owned and maintained by a governmental entity, a copy of its acceptance shall be filed in conjunction with this application; and
(18) Any additional information that may be required by the Director within 15 days of the date of submission.
(e) Specific Site Plan Conformance with Approved PUD.
(1) An officially filed specific site plan shall substantially conform to the PUD zoning plans, concepts, schedules and development information as approved by City Council. If the Director or the Planning Commission determines that the officially filed specific site plan does not substantially conform, the applicant may either modify the specific site plan to the extent necessary for substantial conformance and resubmit for review, or start afresh and submit a new specific site plan for review, or apply for an amendment to the PUD zoning classification ordinance. Notwithstanding Section 1155.04(f), a submitted specific site plan shall not be considered officially filed if the Director determines prior to Planning Commission review that the submitted specific site plan does not adhere to the substantial conformance requirement.
(2) At the discretion of the Planning Commission, a submitted specific site plan that contains modifications to the plans, concepts, schedules and development information as approved by City Council, may be determined to substantially conform. In no event shall a specific site plan be determined to substantially conform if the specific site plan involves changes in permitted uses as per Section 1155.08, or changes which result in exceeding any limitation or any maximum amount imposed by an ordinance originally granting or amending the PUD zoning classification for the subject property.
(f) Planning Commission Public Hearing and Notice. The Planning Commission shall hold a public hearing on an officially filed specific site plan application within 30 days after the application's official filing date. Before holding such public hearing, notice of the hearing shall be given in accordance with Section 1127.02(c) of the Codified Ordinances. Notwithstanding Section 1127.02(c) of the Codified Ordinances, notice shall also be provided by certified mail at least 15 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be given to all owners of property located within 200 feet from the exterior boundaries of the PUD zoning property which contains the area proposed for specific site plan approval. Mailed, newspaper publication and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed specific site plan. The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application. (See Also Section 7.2 of the Charter of the City of Moraine)
(g) Recommendation by Planning Commission. Within 30 days after completion of the public hearing required in division (f) of this section, the Planning Commission shall take administrative action and, by resolution, recommend to the City Council that the submitted specific site plan be approved as presented, or approved with supplementary conditions or modifications, or disapproved. The Commission shall then transmit all papers constituting the record and the resolution containing the Commission's recommendation to the Council. All resolutions for specific site plan recommendations to City Council shall indicate the Commission is taking administrative action, and if the Commission's recommendation is for approval with supplementary conditions, the resolution shall fully express such conditions. If the Planning Commission determines in order to conduct a sufficient review and make its recommendation that additional information is required from the applicant or additional study is required, the Commission may table consideration of the application until such additional information is received by the Commission or the Commission's study is complete.
(h) Criteria for Planning Commission Recommendation. Before making a recommendation for approval or approval with supplementary conditions in accordance with division (g) of this section, the Planning Commission shall find, by resolution, that the facts submitted with the specific site plan application and presented at the public hearing, and any modifications, amendments or supplementary conditions, satisfy the standards and criteria for specific site plan approval as per division (k) of this section.
(i) City Council Public Hearing and Action. Within ten days after the receipt of the Planning Commission recommendation, the Clerk of the City Council shall set a date for a public hearing and such hearing, notwithstanding Section 1127.02(c) of the Codified Ordinances, shall be held as soon as reasonably possible thereafter, not to exceed sixty (60) days from the date of the original Planning Commission recommendation. The public hearing shall be for the purposes of taking administrative action on the proposed specific site plan. Following the scheduled hearing the City Council shall, by motion, either approve, approve with supplementary conditions, or disapprove the proposed specific site plan. Approval of such motion requires a vote of at least four members of the Council. If the Council approves the specific site plan with supplementary conditions, the motion for approval shall fully set forth such conditions and be fully recorded in the meeting minutes. As the basis for City Council approval of a specific site plan, with or without supplementary conditions, Council shall find that the facts submitted with the application and any accompanying materials, and any modifications, amendments or supplementary conditions satisfy the standards and criteria for specific site plan approval as per division (k) of this section. If the standards and criteria of division (l) of this section are not satisfied, Council shall disapprove the specific site plan and shall make findings of fact indicating which particular standards and criteria are not satisfied. If the City Council determines in order to conduct a sufficient review and make its decision that additional information is required from the applicant or additional study is required, the Council may table consideration of the application until such additional information is received by the Council or the Council's study is complete. Any decision rendered by City Council shall be completed within 60 days from the Planning Commission’s recommendation (City Charter Section 7.2)
(j) Notice of City Council Public Hearing. Before holding the public hearing specified In division (i) of this section, notice shall be provided in accordance with Section 1127.02(c) of this code. Notwithstanding Section 1127.02(c) of this code, notice shall also be provided by certified mail at least 15 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 200 feet from the exterior boundaries of the PUD zoning property which contains the area proposed for specific site plan approval. Mailed, newspaper, and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed specific site plan. The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application.
(k) Standards and Criteria for Specific Site Plan Approval. A specific site plan shall only be approved when the following standards and criteria are satisfied.
(1) The specific site plan complies with the purpose and intent of this Zoning Code and the Planned Unit Development designation;
(2) The proposed development carries out the purpose and intent of the city land use plan;
(3) The proposed development promotes the health, safety and general welfare of the present and future inhabitants of the city;
(4) The specific site plan substantially complies with the substantial conformance requirement of division (e);
(5) The proposed development has no significant detrimental impact that outweighs the development's benefits to the community;
(6) The proposed streets and driveways on the site of the proposed development will be adequate to serve the residents, occupants or users of the proposed development, and the specific site plan, along with any necessary off-site vehicular circulation improvements, provides adequate vehicular ingress and egress and will be accessible from current or planned public thoroughfares adequate to carry traffic which will be imposed upon them by the proposed development;
(7) The proposed development minimizes conflicts between vehicular, pedestrian and bicycle circulation patterns and movement;
(8) The benefits of the proposed development mitigate any burden on public services and facilities, including fire and police protection;
(9) Existing and proposed utility services for residential population densities and nonresidential uses are adequate for the projected demand during all phases of development and at full completion of development;
(10) The proposed development complies with applicable requirements and conditions of Section 1155.04;
(11) Each individual section, phase or sub area of the development, as well as the total development, can exist as a functionally independent environment. In the alternative and at the discretion of the City, adequate assurance has been provided by the applicant and to the satisfaction of the City that such objective will be achieved;
(12) The design and other amenities incorporated in the proposed development will provide increased benefits to the residents, occupants, users and the community and such design and other amenities are in accord with the planned unit development provisions of this Zoning Code and other applicable ordinances of the City; and
(13) The proposed development contains such covenants, easements, and other such forms of property rights and control as may reasonably be required for the maintenance and care of common, private facilities and for the public health, safety and welfare. If governmental ownership of common open space, recreational facilities, or other common facilities is planned, a copy of its acceptance must be filed with the application.
(Ord. 1474-02. Passed 9-26-02.)
1155.07 PLANNED UNIT DEVELOPMENT OBLIGATIONS ARE BINDING AND ENFORCEABLE CONDITIONS.
If any portion of property included in a planned unit development is sold or leased, the PUD zoning classification and specific site plan obligations shall continue to be binding upon all subsequent owners or lessees, regardless of the acreage involved in the sale or lease. As a matter of procedure, all terms and conditions of any planned unit development zoning classification and specific site plan that were approved by the City Council in the past or may be approved in the future shall remain binding upon and enforceable against the subject tract of land, except to the extent modified in accordance with Section 1155.10(a) through (c).
(Ord. 1474-02. Passed 9-26-02.)
1155.08 MODIFICATIONS TO PUD PERMITTED USES.
The permitted uses for an approved PUD development include all uses identified as permitted and accessory uses for the type of PUD district under which the PUD development was approved, except those uses expressly identified as excluded uses in the ordinance granting PUD zoning approval for the subject property (Example: The permitted uses for an approved B-PUD development include all uses permitted in the B-PUD District, except any uses listed as excluded uses in the ordinance which granted B-PUD zoning for the property on which the development is located). Upon PUD zoning approval, an applicant is not required to develop all uses permitted for the applicant's specific PUD development, however, an applicant shall only develop those uses permitted for the specific PUD development. Any request to modify or change the permitted uses of a specific PUD development, as such uses are identified in Sections 1155.11(b), 1155.12(b), 1155.12(b) and 1155.14(b), and as may be conditioned by the original ordinance granting PUD zoning classification for the subject property, requires an amendment to such ordinance. Upon a request to modify or change the permitted uses for a specific PUD, the City, at its discretion, shall require the applicant to either submit a new, full application in accordance with Section 1155.05(c), or submit a modified PUD zoning application, or submit supplementary materials to accompany the original PUD zoning application materials. In all cases, proposed amendments to the original zoning ordinance shall be subject to review and approval procedures in accordance with Section 1155.05(d) - (i). (Ord. 1474-02. Passed 9-26-02.)
1155.09 SIMILARITY OF USES AND SPECIAL USES.
(a) Similarity of Uses. The Planning Commission shall have the appropriate power and duty to determine if uses not specifically mentioned in this Zoning Code are similar to uses permitted in planned unit development districts. In no event shall a determination of similarity of use by the Planning Commission overrule a City Council determination of exclusion of uses from a specific PUD, and the ordinance originally granting or amending PUD zoning classification shall govern. If a PUD zoning classification application includes a list of intended uses, which requires a determination of similarity, the Planning Commission shall make such determination at the time of its review and recommendation on the PUD zoning application.
(b) PUD Special Uses. Notwithstanding Chapter 1117 of the Codified Ordinances, City Council shall have the appropriate power and duty to hear and decide upon applications for special uses, which are requested to be approved uses within a PUD. The Planning Commission shall make a recommendation of approval, denial, or approval with conditions for PUD special use applications. After receipt and consideration of the Commission recommendation, the Council shall either approve, deny or approve with conditions the special use application. In approving a PUD special use application, the Council may attach appropriate conditions and safeguards in conformity with the provisions of this Zoning Code and the Commission's recommendation. Approval of a special use application shall expire one year after the effective date of City Council approval, unless actual construction has started for the special use.
(Ord. 1474-02. Passed 9-26-02.)
1155.10 MODIFICATIONS TO APPROVED SPECIFIC SITE PLANS.
Requests to modify an approved specific site plan, when such requested modification does not involve a change of permitted uses for the specific PUD, may be approved by administrative action. Requests to modify shall be in writing and signed by the property owner. The Director shall determine the type and amount of any additional information necessary for consideration of the modification. Modifications shall be considered either major, minor or incidental, and shall be approved or disapproved by administrative action in accordance with divisions (a), (b) and (c) of this section. Requests to modify an approved specific site plan which involve a change of PUD permitted uses shall be considered a modification to PUD permitted uses and shall comply with Section 1155.08.
(a) Major Modifications. Major modifications are defined as modifications which do not change the PUD's permitted uses and do not exceed any of the limitations and conditions of the PUD's approval ordinance, and which result in an increase of 5% or more in building coverage; a 5% or greater increase in dwelling unit density; a significant redesign of roadways, or drainage; an increase of greater than five feet in the height of a non-related building structure; major redesign of a building which significantly alters the central architectural design or theme of the building; or modifications not considered to be of minor or incidental character. Major modifications to an approved specific site plan require resubmission of a specific site plan application in accordance with Section 1155.06(d). At its discretion and in lieu of compliance with Section 1155.06(d), the Planning Commission may require the applicant to either submit a modified application or submit supplementary materials to accompany the original specific site plan application materials. In all cases major modifications to approved specific site plans shall be subject to review and approval procedures in accordance with Section 1155.06(f) thru (l).
(b) Minor Modifications. Minor modifications are defined as modifications which do not change the PUD's permitted uses and do not exceed any of the limitations and conditions of the PUD's approval ordinance, and which result in an increase of less than 5% in building coverage; an increase of less than 5% in dwelling unit density; changes not exceeding 25 feet in building location not affecting front yard setbacks from streets or setbacks from exterior property lines of the PUD; an increase of more than two feet but less than five feet in the height of any non-related building structure; minor redesign of a building such as significant alterations to exterior materials or colors, provided the redesign does not significantly alter the central architectural design or theme of the building; or changes not considered to be of major or incidental modification character. The Planning Commission shall, by motion, approve or disapprove minor modifications to approved specific site plans. Such approval shall be based on a Commission determination that the modifications are not in conflict with the intent and character of the approved specific site plan and such modifications do not change the permitted uses for the specific PUD. Minor modifications do not require a public hearing and Planning Commission's decision shall be final.
(c) Incidental Modifications. Incidental modifications are defined as modifications which do not change the PUD's permitted uses and do not exceed any of the limitations and conditions of the PUD's approval ordinance, and which result in less building coverage due to decreasing the size of structures; a decrease in the number of structures; a decrease in the number of dwelling units in a R-PUD or MX-PUD; minor redesign of PUD streets, such as adjustments in a turning radius; minor redesign, such as a realignment, of pedestrian circulation facilities or parking or loading areas; changes in landscaping or screening materials that do not alter the intended function of the landscaping or screening; an increase of two feet or less in the height of a building or structure; minor revisions of building elevations such as realignment of major building entrances or window placement, or significant alterations to exterior building materials or colors, provided the revisions do not alter the central design or architectural theme of a building; or changes not considered to be of minor or major modification character. The Director shall approve or disapprove incidental modifications to approved specific site plans. Such approval shall be based on the Director's determination that the modifications are not in conflict with the intent and character of the approved specific site plan and such modifications do not change the permitted uses for the specific PUD. In the alternative and at the discretion of the Director, the Director may request that incidental modifications be approved by the Planning Commission.
(Ord. 1474-02. Passed 9-26-02.)
1155.11 R-PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICTS.
(a) Purpose. This District is intended to provide flexibility in the arrangement and design of residential dwellings, based upon a unified development plan conceived and carried out for the entire PUD tract. Within this District, appropriate and reasonable population density is maintained while a variety of dwelling unit types is permitted. Developers are encouraged to retain, to the degree possible, natural features such as topography, trees, and drainage ways. Such developments are generally characterized by a significant proportion of usable open space, a unified design concept with particular attention devoted to the periphery of the development, with the objective of compatibility of the development with its surroundings.
(b) R-PUD Permitted and Special Uses.
(1) Those uses included as permitted and accessory uses in the following listed residential districts are permitted in a R-PUD District: R2, R2A, R3, and R4. One or more of these permitted and accessory uses may be excluded from the specific R-PUD when the City Council determines that the specific permitted or accessory use normally allowed in the listed residential districts is inappropriate for the specific R-PUD development. Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:
A. Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the city's land use plan or other approved plans of the city; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection;
B. Will not promote the purpose and objectives of the planned unit development provisions of this code; and
C. Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development.
(2) Upon approval by City Council in accordance with Section 1155.09 and the issuance of a special use permit, those uses included as special uses in the following listed residential districts are allowed in a R-PUD: R-2, R2A, R3 and R4.
(c) Coverage. For R-PUD developments, the coverage of the total gross area of the development shall not exceed 45%. For the purposes of this section, coverage shall be interpreted to include the area covered by all buildings, all parking areas, all driveways, and all public streets, access easements and paved rights-of way. Structures and other impervious surfaces included within, and developed as an integral part of an area of open space may, at the sole discretion of the Planning Commission and City Council, be excluded from the coverage of the total gross area percentage. Developers of R-PUD's are encouraged to achieve an approximate equal distribution of coverage for each individual phase or sub-area of the total PUD.
(d) Land Use Density. The overall gross density of an R-PUD shall not exceed 15 dwelling units per acre. The Planning Commission may recommend and the City Council may impose a maximum overall gross density of less than 15 units per acre. In this section gross density shall be interpreted to mean the measure of residential land use intensity, calculated by dividing the total number of dwelling units proposed for the site by the total acreage of the site. (Example: 43 total dwelling units divided by ten acres = 4.3 dwelling units per acre)
(e) Building Height. No building shall be erected in excess of 50 feet in height, except, at the discretion of the City Council, the maximum height may be increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, and satisfies applicable fire and safety regulations.
(f) Requirements for Screening, Accessory Parking, and Loading and Unloading Areas. All screening and buffering shall meet the requirements of Section 1187.13, accessory parking shall meet the requirements of Sections 1187.03-07, and loading and unloading areas shall meet the requirements of Sections 1187.08-12. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will increase benefits to the community that are derived from the development, will improve site design, will not adversely affect surrounding neighborhoods and public facilities, and the purpose of such modification is not to circumvent the intent of the respective section.
(1) New residential development proposed to be located adjacent to a major highway or railroad system shall provide noise barriers consisting of an earthen mound, solid masonry walls, permanent engineered sound barriers, or other similarly effective methods or materials along the entire length of the right-of-way abutting the project. The height of the barrier shall protect all residential structures to a point conforming to the minimum and maximum Ohio Department of Transportation Standards.
(2) If any habitable area of the residential structures would not be completely screened by the noise barriers, the project developer shall either extend the height of the barrier to provide such protection or incorporate noise reduction measures in the residential structures. Such measures include but are not limited to increased setback of structures from highway right-of- way, utilizing materials that increase sound resistance, using construction methods to provide air space and reduce vibration, sealing cracks around doors and windows, reducing window sizes and installing double glazed windows. In preparing plans for the above described noise reduction, developers shall be guided by the U.S. Department of Housing and Urban Development Noise Guide Book.
(g) Signs. See Chapter 1189 for size and location of permitted signs. In conjunction with and at the same time as submission of a specific site plan application, applicant may submit a proposed sign limitation and control package specifically fashioned for the PUD development.
(h) Landscaping and Screening. See Section 1187.05, the City Landscape Manual, also available at the Community Development Department.
(Ord. 1474-02. Passed 9-26-02.)
1155.12 B-PUD COMMERCIAL PLANNED UNIT DEVELOPMENT DISTRICTS.
(a) Purpose. This district is intended to provide for the development of business, office and commercial establishments within a unified commercial area and plan of development. Within this district, business, office and commercial establishments can be flexibly located to achieve compatible exterior physical design, to utilize the site more efficiently than allowed by standard zoning regulations, to take advantage of natural features of the site, to achieve a higher degree of pedestrian and vehicular separation, to eliminate undesirable features of strip commercial development, to reduce vehicular traffic conflicts within the site and with public rights-of-way, and to enhance compatibility of the development with its surroundings.
(b) B-PUD Permitted and Special Uses.
(1) The following listed uses are included as permitted and accessory uses in the B-PUD Zoning District: convention, conference and banquet facilities; and those uses included as permitted and accessory uses in the B-1, B-2, zoning districts. One or more of these permitted and accessory uses may be excluded from the specific B-PUD when the City Council determines that the specific permitted or accessory use is inappropriate for the specific B- PUD development. Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:
A. Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the City's land use plan or other approved plans of the City; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection; and
B. Will not promote the purpose and objectives of the planned unit development provisions of this code; and
C. Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development without satisfactory mitigation measures.
(2) Upon approval by City Council in accordance with Section 1155.09 (b) and the issuance of a special use permit, those uses included as special uses in the following listed zoning districts are allowed in a B-PUD: B1, and B2. (Took out Wireless Special Use)
(c) Land Use Intensity. For B-PUD developments, the maximum land use intensity and lot coverage by all buildings, and by buildings and all other impervious surfaces is as follows:
Maximum Coverage by All Buildings: 35%
Maximum Cover by All Buildings and Impervious Surfaces: 75%
(d) Building Height. The maximum height of any building in a B-PUD District shall be 50 feet, except, at the discretion of the City Council, the maximum height may be increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, and satisfies applicable fire and safety regulations.
(e) Requirements for Screening, Accessory Parking, and Loading and Unloading Areas.
(1) All screening and buffering shall meet the requirements of Section 1187.13, accessory parking shall meet the requirements of Section 1187.08-12, and loading and unloading areas shall meet the requirements of Section 1187.03-07. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will increase benefits to the community that are derived from the development, will improve site design, will not adversely affect surrounding neighborhoods and public facilities, and the purpose of such modification is not to circumvent the intent of the respective section.
(2) Any commercial development proposed to be located within 1,000 feet of any existing or proposed residential district or project shall present and implement plans for providing a barrier from noise generated by the activities of the commercial development. These activities include but are not limited to loading dock and delivery activities, truck movements, idling and parking, waste collection, compactor or shredding activities, roof mounted and ground mounted mechanical equipment, and parking lots and driveways. Methods, which may be utilized include earthen mounding, solid masonry walls, permanent engineered sound barriers, or other methods or materials of equal affect as those listed above.
(f) Signs. See Chapter 1189 for size and location of permitted signs. In conjunction with and at the same time as submission of a specific site plan application, applicants may submit a proposed sign limitation and control package specifically fashioned for the PUD development.
(g) Landscaping and Screening. See Section 1187.05, the City Landscape Manual, also available at the Community Development Department.
(Ord. 1474-02. Passed 9-26-02.)
1155.13 MX-PUD MIXED USE PLANNED UNIT DEVELOPMENT DISTRICT.
(a) Purpose. This district is intended to provide for the development of business, office and commercial establishments, and varied residential living opportunities within a unified plan of development. An MX-PUD must include residential uses. Within the planned development, selected residential uses can be integrated with commercial, business and office establishments, or developed as a sub-area with residential neighborhood characteristics. This district provides for flexibility in locating uses, allows for utilization of the site more efficiently than standard zoning regulations, allows for advantageous use of natural features of the site, and allows for residential uses to be selectively integrated with or separated from business, commercial or office establishments.
(b) MX-PUD Permitted and Special Uses.
(1) The following listed uses are included as permitted and accessory uses in the MX-PUD Zoning District: hotels; motels; convention, conference and banquet facilities; and those uses included as permitted and accessory uses in the R4, B1 and B2 zoning districts. The following uses are not permitted in an MX-PUD District: drive-in theaters; veterinary clinics; veterinary hospitals; and veterinarians with kennels. One or more of these permitted and accessory uses may be excluded from the specific MX-PUD when the City Council determines that the specific permitted or accessory use is inappropriate for the specific MX-PUD development. Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:
A. Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the city's land use plan or other approved plans of the city; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection; and
B. Will not promote the purpose and objectives of the planned unit development provisions of this code; and
C. Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development without satisfactory mitigation measures.
(2) Upon approval by City Council in accordance with Section 1155.09(b) and the issuance of a special use permit, those uses included as special uses in the following listed zoning districts are allowed in a MX-PUD: R4, B1, and B2.
(c) Land Use Intensity. For MX-PUD developments, the maximum land use intensity and lot coverage by all buildings, and by buildings and all other impervious surfaces is as follows:
Maximum Coverage by All Buildings: 35%
Maximum Cover by All Buildings and Impervious Surfaces: 75%
(d) MX-PUD Residential Uses. Residential uses in MX-PUD Districts are intended to be developed as separate, residential sub-areas of the MX-PUD, with a primary residential character, or above business, commercial and office uses. Residential uses shall only be developed in MX-PUD Districts when the following conditions are satisfied.
(1) A residential use shall only be developed at grade level, or at grade level and higher, provided a non-residential use is not planned or developed within a horizontal distance of at least 100 feet from the residential use. The Planning Commission may recommend and the City Council may impose a distance greater than 100 feet.
(2) If a non-residential use is planned or developed within a horizontal distance of less than 100 feet from a residential use, residential uses shall be developed only at the second story or higher of buildings in which grade level use is a business, office or commercial MX-PUD District permitted, or accessory or approved conditional use.
(3) The overall gross residential density of a MX-PUD shall not exceed ten dwelling units per acre. The Planning Commission may recommend and the City Council may impose a maximum overall gross density of less than ten dwelling units per acre. In this section gross residential density shall be the measure of residential land use intensity, calculated by dividing the total number of dwelling units proposed for the site by the total acreage of the site.
(e) Building Height. The maximum height of any building in a MX-PUD District shall be 50 feet, except, at the discretion of the City Council, the maximum height may be increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, and satisfies applicable fire and safety regulations.
(f) Requirements for Screening, Accessory Parking, and Loading and Unloading Areas.
(1) All screening and buffering shall meet the requirements of Section 1187.13, accessory parking shall meet the requirements of Section 1187.08-12, and loading and unloading areas shall meet the requirements of Section 1187.03-07. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will increase benefits to the community that are derived from the development, will improve site design, will not adversely affect surrounding neighborhoods and public facilities, and the purpose of such modification is not to circumvent the intent of the respective section.
(2) Any commercial development proposed to be located within 1,000 feet of any existing or proposed residential district or project shall present and implement plans for providing a barrier from noise generated by the activities of the commercial development. These activities include but are not limited to loading dock and delivery activities, truck movements, idling and parking, waste collection, compactor or shredding activities, roof mounted and ground mounted mechanical equipment, and parking lots and driveways. Methods which may be utilized include earthen mounding, solid masonry walls, permanent engineered sound barriers, or other methods or materials of equal affect as those listed above.
(g) Signs. See Chapter 1189 for size and location of permitted signs. In conjunction with and at the same time as submission of a specific site plan application, applicants may submit a proposed sign limitation and control package specifically fashioned for the PUD development.
(h) Landscaping and Screening. See Section 1187.05, the City Landscape Manual, also available at the Community Development Department.
(Ord. 1474-02. Passed 9-26-02.)
1155.14 M-PUD INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICT.
(a) Purpose. This district is intended to provide for the development of varied or similar industrial establishments within a unified industrial area and plan of development. Within this district, industrial establishments can be flexibly located to achieve compatible exterior physical design, to utilize the site more efficiently than allowed by conventional development standards, to take advantage of natural features of the site, to achieve a higher degree of pedestrian and vehicular separation, to comprehensively provide for necessary services and facilities in accordance with a predetermined plan, to reduce vehicular traffic conflicts within the site and with public rights-of-way, and to enhance compatibility of the development with its surroundings.
(b) M-PUD Permitted and Special Uses.
(1) Those uses included as permitted and accessory uses in the M-1 and M-2 Zoning Districts are permitted in an M-PUD District. One or more of these permitted and accessory uses may be excluded from the specific M-PUD when the City Council determines that the specific permitted or accessory use normally allowed in the industrial Zoning Districts is inappropriate for the specific M-PUD development. Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:
A. Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the city's land use plan or other approved plans of the city; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection; and
B. Will not promote the purpose and objectives of the planned unit development provisions of this code; and
C. Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development without satisfactory mitigation measures.
(2) Upon approval by City Council in accordance with Section 1155.09(b) and the issuance of a special use permit, those uses included as special uses in the M1and M2 Zoning District are allowed in an M-PUD. Wireless telecommunication facilities shall automatically be a special use permitted in all M-PUD districts, whether existing or proposed.
(3) Upon approval by the City Council, specifically listed permitted and accessory uses allowed in the B1 and B2 Districts may be permitted as permitted or special uses in an M-PUD.
(c) Land Use Intensity. For I-PUD developments, the maximum land use intensity and lot coverage by all buildings, and by buildings and all other impervious surfaces is as follows:
Maximum Coverage by All Buildings: 40%
Maximum Cover by All Buildings and Impervious Surfaces: 75%
(d) Building Height. The maximum height of any building in an I-PUD District shall be 50 feet, except, at the discretion of the City Council, the maximum height may be increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, satisfies applicable fire and safety regulations, and is necessary for the operation of a proposed industrial use.
(e) Requirements for Screening, Accessory Parking, and Loading and Unloading Areas.
(1) All screening and buffering shall meet the requirements of Section 1187.13, accessory parking shall meet the requirements of Section 1187.08-12, and loading and unloading areas shall meet the requirements of Section 1187.03-07. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will increase benefits to the community that are derived from the development, will improve site design, will not adversely affect surrounding neighborhoods and public facilities, and the purpose of such modification is not to circumvent the intent of the respective section.
(2) Any industrial development proposed to be located within 1,000 feet of any existing or proposed residential district or project shall present and implement plans for providing a barrier from noise generated by the activities of the industrial development. These activities include but are not limited to loading dock and delivery activities, truck movements, idling and parking, waste collection, compactor or shredding activities, roof mounted and ground mounted mechanical equipment, and parking lots and driveways. Methods which may be utilized include earthen mounding, solid masonry walls, permanent engineered sound barriers, or other methods or materials of equal affect as those listed above.
(f) Signs. See Chapter 1189 for size and location of permitted signs. In conjunction with and at the same time as submission of a specific site plan application, applicants may submit a proposed sign limitation and control package specifically fashioned for the PUD development.
(g) Landscaping and Screening. See Section 1187.05, the City Landscape Manual, also available at the Community Development Department.
(Ord. 1474-02. Passed 9-26-02.)
1157.01 PURPOSE.
The M-1 Light Industrial District is intended to provide for industrial uses having a minimum impact upon the surrounding environment in areas that are suitable for industrial development by reason of location and the availability of adequate utility and transportation systems. Uses that can be operated in a clean and quiet manner, subject only to those regulations and performance standards necessary to prohibit congestion and for the protection of adjacent residential business activities, are permitted. Uses which may present problematic characteristics are administered as special uses. (Ord. 1203-97. Passed 7-10-97.)
1157.02 USES.
(a) Permitted Uses.
(1) Any uses permitted and as regulated in the B-2 District but not including smoking establishments;
(Ord. 1901-14. Passed 1-8-15.)
(2) Automobile assembly and major repair, including Body Shops (provided that Body Shops comply with the requirements of Section 1117.05
(c) of this code);
(Ord. 2071-20. Passed 9-24-20.)
(3) Creamery, bottling, ice manufacturing and cold storage plant;
(4) Manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals and food products, except fish and meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils;
(5) Manufacturing, compounding, assembling or treatment of articles or merchandise from previously prepared materials such as cork, tobacco, wax, yarns and wood;
(6) Manufacture of musical instruments;
(7) Manufacture or assembly of electrical appliances, instruments and devices;
(8) Manufacture of pottery or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas;
(9) Laboratories, experimental or testing;
(10) Manufacture and repair of electric signs, advertising structures, light sheet metal products, including heating and ventilating equipment;
(Ord. 1203-97. Passed 7-10-97.)
(11) Blacksmith, welding or other metal shop;
(Ord. 1600-05. Passed 10-27-05.)
(12) Foundry casting lightweight nonferrous metals or electric foundry not causing noxious fumes or odors;
(13) Bag, carpet and rug cleaning;
(14) Enameling, lacquering or japanning;
(15) Concrete mixing, concrete products manufacture;
(16) Sawmill, planing mill, including manufacture of wood products not involving chemical treatment;
(17) Building material sales yards, retail lumber yards, contractor's equipment storage yard of plant, or rental of equipment commonly used by contractors;
(18) Feed and/or fuel, and storage yards for vehicles of a delivery or draying service;
(19) Inflammable liquids, underground storage only, not to exceed 25,000 gallons, if located not less than 400 feet from any R District;
(20) Any other use of the same general character as the above permitted uses, as determined by the Board; and
(21) Accessory buildings and uses incidental to the principal use. Regulations governing accessory facilities and uses are specified in Chapter 1181.
(1) Micro Antenna or wireless communication antenna attached to a pole located in the right-of way provided the antenna does not exceed more than twenty feet above the highest point of the separate antenna structure and the transmission and receiving equipment is limited to five cubic feet and located in an underground vault and positioned parallel to the road, and is situated on the non-road way side of the pole. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities".
(2) Personal wireless service facility. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities".
(Ord. 1203-97. Passed 7-10-97.)
(3) Billboard or Off-Premises Advertising, provided that said advertising meets all standards as set forth in Chapter 1189 for "Billboards and Off-Premises Signs. (Ord. 1737-09. Passed 5-28-09.)
(4) Animal hospitals and/or indoor kennels.
(Ord. 1790-11. Passed 1-27-11.)
(5) Outdoor entertainment. (Ord. 1808-11. Passed 8-25-11.)
1157.03 SITE DEVELOPMENT REGULATIONS.
(a) Lot Requirements.
(1) Minimum lot area 20,000 square feet (2) Minimum lot frontage 100 feet (or such lesser frontage as shall permit compliance with the side yard and off-street parking requirements) |
(b) Yard Requirements.
(1) Minimum front yard depth. A. Dwellings: Same as permitted in the R-4 District. B. Permitted Use: 40 feet* (2) Minimum rear yard. A. Dwelling: Same as permitted in the R-4 District. B. Permitted Use: 1. 1 story 30 feet 2. 2 stories 40 feet 3. 3 stories 50 feet (3) Minimum side yard. A. Dwelling: Same as permitted in the R-4 District. B. Permitted Use: None required except adjacent to an R District in which case, not less than 50 feet. |
(c) Structural Requirements.
(1) Maximum building height 50 feet
(d) Parking and Loading Requirements.
(e) Signs.
(f) Supplementary Regulations.
(1) Necessary equipment shall be installed and operated for the effective precipitation or recovery of dust.
*The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan.
(Ord. 1203-97. Passed 7-10-97.)
1159.01 PURPOSE.
The intent of the M-2 General Industrial District is to accommodate a broad range of industrial activities diverse in products, operational techniques and size which have a greater potential impact upon their environment than those permitted in the M-1 Light Industrial District. Uses which may present particular problematic characteristics are administered as special uses. (Ord. 1203-97. Passed 7-10-97.)
1159.02 USES.
(a) Permitted Uses.
(1) All permitted and special uses as provided within the M-1 Light Industrial District with the exception of those uses defined as special uses within the District and any schools, hospitals, clinics or other institutions for human care except where incidental to a permitted principal use.
(2) Accessory buildings and uses incidental to the principal use. Regulations governing accessory facilities and uses are specified in Chapter 1181.
(1) Manufacturing of acid, plaster of Paris, or wholesale storage of acids, cement, lime, gypsum, plaster of Paris;
(2) Distillation of bones.
(3) Manufacture or storage of explosives, fat rendering, fertilizer, gas or glue manufacture, garbage, offal or dead animal reduction or dumping, petroleum or petroleum products refining.
(4) Smelting or reduction of ores or metallurgical products.
(Ord. 1203-97. Passed 7-10-97.)
(5) Outdoor entertainment. (Ord. 1808-11. Passed 8-25-11.)
(6) Slaughterhouses, or poultry processing plants.
(7) Junk yards.
(8) Construction of a new structure or addition, over any landfill site (active or inactive), with the exception of landfill sites previously approved by Council.
(9) Micro Antenna or wireless communication antenna attached to a pole located in the right-of way provided the antenna does not exceed more than twenty feet above the highest point of the separate antenna structure and the transmission and receiving equipment is limited to five cubic feet and located in an underground vault and positioned parallel to the road, and is situated on the non-road way side of the pole. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities".
(10) Personal wireless service facility. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities".
(Ord. 1203-97. Passed 7-10-97.)
(11) Billboard or Off-Premises Advertising, provided that said advertising meets all standards as set forth in Chapter 1189 for "Billboards and Off-Premises Signs. (Ord. 1737-09. Passed 5-28-09.)
1159.03 SITE DEVELOPMENT REGULATIONS.
(a) Lot Requirements.
(1) Minimum lot area 1 acre (2) Minimum lot frontage 150 feet (or such lesser frontage as shall permit compliance with the side yard and off-street parking requirements) |
(b) Yard Requirements.
(1) Minimum front yard depth. A. Dwellings: Same as permitted in the R-4 District. B. Permitted Uses: 1. 1 story 40 feet* 2. 2 stories 40 feet* 3. 3 stories 40 feet* (2) Minimum rear yard depths. A. Dwellings: Same as permitted in the R-4 District. B. Permitted Uses: 1. 1 story 30 feet 2. 2 stories 40 feet 3. 3 stories 50 feet |
(3) Minimum side yard depths.
A. Dwelling:
Same as permitted in the R-4 District.
B. Permitted Uses:
1. Not required except adjoining any R District in which case, not less than 200 feet.
(c) Structural Requirements.
(1) Maximum building height:
No structure shall exceed in height the distance measured to the center line of the street except as otherwise provided in the Zoning Code.
(d) Parking and Loading Requirements.
(1) See Chapter 1187 for off-street parking and loading requirements.
(e) Signs.
(f) Supplementary Regulations.
(1) The best practical means known for the disposal of refuse matter or water- carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise or similar nuisance shall be employed.
(2) All principal buildings and all accessory buildings or structures, including loading and unloading facilities shall be located at least 400 feet from any R District and not less than 100 feet from any other district except an M-1 District.
*The front yard depth shall be measured from the established right-of-way lines shown on the Official Thoroughfare Plan.
(Ord. 1203-97. Passed 7-10-97.)
1171.01 PURPOSE.
The C Conservation District is established for the following purposes:
(a) To protect undeveloped land located outside the present limits of urban services from indiscriminate development until urban services can be extended, enabling growth to be preplanned in a coordinated and efficient manner; and
(b) To extend protection from urban encroachment to active agricultural enterprises and areas particularly suitable for preservation of an open space environment in the case of those areas possessing distinctive geologic and/or scenic values.
(Ord. 1203-97. Passed 7-10-97.)
1171.02 USES.
(a) Permitted Uses.
(1) Agricultural activities (excluding animal sales lots and feed lots).
(2) Greenhouses.
(3) Public parks, playgrounds and community center.
(4) Private or public recreation areas and facilities including country clubs, golf courses, fishing lakes and bathing beaches.
(6) Accessory buildings incidental to the principal use which do not include any activity conducted as a business. Regulations governing accessory facilities and uses are specified in Chapter 1181.
(1) Micro Antenna or wireless communication antenna attached to a pole located in the right-of-way provided the antenna does not exceed more than twenty feet above the highest point of the separate antenna structure and the transmission and receiving equipment is limited to five cubic feet and located in an underground vault and positioned parallel to the road, and is situated on the non-road way side of the pole. Also provided that said facilities meet all standards as set in Chapter 1117 for"Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities".
(Ord. 1203-97. Passed 7-10-97.)
1171.03 SITE DEVELOPMENT REGULATIONS; PERMITTED USES ONLY.
(a) Lot Requirements.
(1) Minimum lot area 10 acres (2) Minimum lot width 300 feet |
(b) Yard Requirements.
(RESERVED)
(c) Structural Requirements.
(RESERVED)
(d) Parking Requirements.
(e) Signs.
(f) Supplementary Regulations.
(RESERVED)
(Ord. 1203-97. Passed 7-10-97.)
1177.01 PURPOSE.
The WO Wellhead Operation District is designed to safeguard the public health, safety and welfare of the customers of protected public water supplies by regulating the land use and the storage, handling, use and/or production of regulated substances. This District will be shown on the City's Zoning Map at the location of any existing or proposed public wells. The intent of this designation is to protect the community's potable water supply against contamination.
(Ord. 1203-97. Passed 7-10-97.)
1177.02 DETERMINATION OF APPLICABILITY.
It shall be the responsibility of any person owning real property or owning or operating a business within the City of Moraine to make a determination of the applicability of this Section as it pertains to the property or business or operation and failure to do so shall not excuse any violations of this section. (Ord. 1203-97. Passed 7-10-97.)
1177.03 USES.
(a) Permitted Uses.
(1) Public water supply, treatment and operations facilities.
(2) Public parks and playgrounds.
(3) Public wastewater treatment, conveyance and operation facilities owned, operated and maintained by Montgomery County.
(4) Public and Private Air Strips for take off and landing only.
(1) Public utility uses as follows:
A. Electric and telephone substations.
B. Gas regulator and meter station buildings.
C. Electric and communication transmission towers and structures.
(2) Existing residences.
(3) Micro Antenna or wireless communication antenna attached to a pole located in the right-of way provided the antenna does not exceed more than twenty feet above the highest point of the separate antenna structure and the transmission and receiving equipment is limited to five cubic feet and located in an underground vault and positioned parallel to the road, and is situated on the non-road way side of the pole. Also provided that said facilities meet all standards as set in Chapter 1117 for "Telecommunications: Commercial Mobile Radio, Television and Radio Service Facilities".
(c) Nonconforming Uses.
(1) If a nonconforming use of any land, building or structure is discontinued for six months or more, any further use shall be in conformity to this District.
(Ord. 1203-97. Passed 7-10-97.)
1177.04 GROUNDWATER PROTECTION STANDARDS.
(a) Use of regulated substances in conjunction with Municipal water supply and treatment activities shall not be restricted by this section. Storage of regulated substances in conjunction with municipal water supply and treatment activities shall not be restricted by this section. The use and storage of regulated substances in conjunction with public wastewater treatment, conveyance and operation facilities owned, operated and maintained by Montgomery County or the public water supply purveyor which these standards are designed to protect shall not be restricted by this section.
(b) Use of regulated substances in conjunction with special uses in this district shall be limited, per special use, to:
(1) The aggregate of regulated substances in use may not exceed twenty (20) gallons or 160 pounds at any time.
(2) The total use of regulated substances may not exceed fifty-five (55) gallons or 450 pounds in any twelve (12) month period.
(c) A limited exclusion from the provisions of subsection (b) hereof is authorized for nonroutine maintenance or repair of property or equipment. The use of regulated substances under this exclusion shall be limited, per special use, to:
(1) The aggregate of regulated substances in use may not exceed fifty-five (55) gallons or 450 pounds at any time.
(2) The total use of regulated substances may not exceed 110 gallons or 900 pounds in any twelve (12) month period.
(d) Storage of fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this District shall be in tanks placed above the floor surface of a below grade vault. Such vault shall allow access for physical inspection of the tank for leakage and the interior of the vault shall be continuously monitored and alarmed to provide for automatic and immediate detection of any release from the tank.
(e) Notwithstanding other provisions of this section, nonconforming uses in this District presently utilizing underground storage tanks for fuel and lubricants for vehicle operations shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (d) hereof and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than fuel and lubricants for vehicle operations is not permitted.
(f) Storage of regulated substances other than fuel and lubricants for vehicle operations in conjunction with permitted and special uses in this district is prohibited.
(g) As part of the findings required under Section 1123.05(d), the Zoning Officer shall utilize the Hazard Potential Ranking System, in Section 1179.05 to assist in the determination of intensity of use within this District. No substitutions of a nonconforming use shall be permitted which result in an increase of the hazard potential ranking on a parcel within this District.
(h) All uses within this District shall be connected to the public wastewater disposal system or have a City-approved wastewater disposal plan within a three (3) year period of the establishment of the District. (Ord. 1203-97. Passed 7-10-97.)
1177.05 SITE DEVELOPMENT REGULATIONS; PERMITTED USES ONLY.
(a) Lot Requirements.
(1) Minimum lot area 10,000 square feet (2) Minimum lot frontage 60 feet (b) Yard Requirements. (1) Minimum front yard depth. A. Permitted and Special Uses 25 feet* (2) Minimum rear yard depth A. Permitted and Special Uses 40 feet (3) Minimum side yard least width A. Permitted and Special Uses 8 feet (4) Minimum side yard sum of least width A. Permitted and Special Uses 20 feet (c) Structural Requirements. (1) Maximum building height 30 feet (2) Maximum 2 1/2 story structure |
(d) Parking Requirements.
(e) Signs.
*The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan. (Ord. 1203-97. Passed 7-10-97)
1179.01 PURPOSE.
The "WP" Well Field Protection Overlay District is designed to safeguard the public health, safety and welfare of the customers of protected public water supplies by regulating the land use and the storage, handling, use and/or production of regulated substances. The area of the Well Field Protection Overlay is described on the Official Zoning Map and includes existing and proposed protected public water supply wells and their one (1) year capture area. The intent of this designation is to protect the community's potable water supply against contamination.
(Ord. 1069-94. Passed 4-28-94.)
1179.02 DETERMINATION.
(a) Applicability of Well Field Protection Overlay District to Underlying Zoning Districts.
(1) The provisions of this section shall be applicable to all lands shown as being located within the boundaries of the "WP" Well Field Protection Overlay District on the Official Zoning Map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this section are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.
(b) Determination of Applicability.
(1) It shall be the responsibility of any person owning real property or owning or operating a business within the City of Moraine to make a determination of the applicability of this Section as it pertains to the property or business or operation and failure to do so shall not excuse any violations of this section. (Ord. 1069-94. Passed 4-28-94.)
1179.03 USES.
(a) Permitted Uses, Bulk and Yard Regulations.
(1) The permitted uses, bulk and yard regulations within the WP Well Field Protection Overlay District shall be those of the underlying zoning district, subject to any more restrictive regulations of this Overlay District.
(b) Special Uses.
(1) The special uses within the WP Well Field Protection Overlay District shall be those of the underlying zoning districts subject to any more restrictive regulations of this Overlay District.
(c) Prohibited Uses.
(1) Sanitary landfills, hardfills, and junkyards are prohibited within the WP Well Field Protection Overlay District.
(d) Nonconforming Uses.
(1) If a nonconforming use of any land, building or structure is discontinued for two (2) years or more, any further use shall be in conformity with this District. (Ord. 1069-94. Passed 4-28-94.)
1179.04 GROUNDWATER PROTECTION STANDARDS.
(a) Use, storage, handling and/or production of regulated substances in conjunction with permitted and special uses in this District shall be limited as to each use, to:
(1) The aggregate of regulated substances in use, storage, handling and/or production may not exceed twenty (20) gallons or 160 pounds at any time.
(b) A limited exclusion from the provisions of subsection (a) hereof is authorized for nonroutine maintenance or repair of property or equipment. The use, storage, handling and/or production of regulated substances under this exclusion shall be limited as to each use, to:
(1) The aggregate of regulated substances in use, storage, handling and/or production may not exceed fifty-five (55) gallons or 450 pounds at any time.
(2) The total use, storage, handling and/or production of regulated substances may not exceed 110 gallons or 900 pounds in any twelve (12) month period.
(c) A limited exclusion from the provisions of subsection (a) hereof is authorized for each medical and research laboratory use, provided however, regulated substances shall be stored, handled or used in containers not to exceed five (5) gallons or forty (40) pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.
(d) A limited exclusion from the provisions of subsection (a) hereof is authorized for regulated substances which are cleaning agents, provided however such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents as to any use shall not exceed 110 gallons or 900 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.
(e) With the exception of a residential use of heating fuels in tanks having a capacity equal to or less than 500 gallons, the underground storage of fuel and lubricants for vehicle operations and fuel for building and/or process heating in conjunction with a permitted use in this District shall be in secondarily contained and monitored tanks. Such installations shall be subject to approval by the Zoning Officer.
(f) Notwithstanding other provisions of this section, nonconforming uses in this District presently utilizing underground storage tanks for fuel and lubricants for vehicle operations and fuel for building and/or process heating shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (e) hereof and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than the above noted fuels and lubricants is not permitted.
(g) No substitutions of a nonconforming use shall be permitted which result in an increase of the hazardous potential ranking system on a parcel within this District. If the hazardous potential ranking decreases for a non-conforming use for a period of one (1) year or more, the nonconforming right to the higher hazardous potential ranking shall be deemed to have been lost through nonuse for that period of time.
(h) The use and storage of regulated substances in conjunction with public water and wastewater treatment, conveyance and operation facilities owned, operated and maintained by Montgomery County or the public water supply purveyor which these standards are designed to protect shall not be restricted by this section.
(i) The use and storage of regulated substances in conjunction with environmental projects monitored by US and or Ohio EPA shall not be restricted by this section.
(Ord. 1069-94. Passed 4-28-94)
1179.05 HAZARD POTENTIAL RANKING SYSTEM FOR NONCONFORMING USES.
(a) Any existing uses legally storing, handling, using and/or producing regulated substances in amounts equal to or less than the requirements under Section 1179.04 are considered conforming uses and this section does not apply. Any new use or change of use shall maintain the conforming status of the property.
Existing nonconforming uses shall be permitted to maintain the reported maximum quantity for each reportable regulated substance, as determined by peak business cycle. Existing uses and maximum quantities, in combination with a hazard potential rating shall run with the land and be administered in conformance with all other applicable nonconforming provisions of this Zoning Code.
In order to assess the risk for potential groundwater contamination, a hazard ranking has been developed for various activities categorized by their Standard Industrial Classification (SIC) Code. This ranking is based on the kind of materials commonly associated with each use looking only at the most critical hydrologic factors.
Table l lists the site hazard potential by land use activity on a scale of one (l) to nine (9), with one (l) being a low hazard and nine (9) a very high hazard. This rating is based on the intrinsic hazards posed by different land uses and is related to the materials commonly discharged.
Table 2 lists the hazard potential determined on the basis of material known to be used, stored, or disposed of at a specific site.
If the two tables referenced above indicate different site hazard potential ratings for the SIC-coded land use activity and the materials found on-site, the higher of the two scores is the rating for the site. (Ord. 1069-94. Passed 4-28-94.)
Table 1 CONTAMINANT HAZARD POTENTIAL RANKING CLASSIFIED BY SOURCE
SIC NO. | DESCRIPTION OF WASTE SOURCE | HAZARD POTENTIAL INITIAL RATING |
01 | AGRICULTURAL PRODUCTION CROPS | 1-2 |
02 | AGRICULTURAL PRODUCTION - LIVESTOCK | |
021 | Livestock, except Dairy, Poultry and Animal Specialities | (5 for feedlots) |
024 | Dairy Farms | 4 |
025 | Poultry and Eggs | 4 |
027 | Animal Specialties | 2-4 |
029 | General Farms, Primarily Livestock | 2 |
10 | METAL MINING | |
101 | Iron Ores | 4 |
102 | Copper Ores | 6 |
103 | Lead and Zinc Ores | 5 |
104 | Gold and Silver Ores | 6 |
105 | Bauxite and Other Aluminum Ores | 5 |
106 | Ferroalloy Ores except Vanadium | 5 |
108 | Metal Mining Services | 4 |
1092 | Mercury Ore | 6 |
1094 | Uranium-Radium-Vanadium Ores | 7 |
1099 | Metal Ores not elsewhere classified | 5 |
11 | ANTHRACITE MINING | 7 |
12 | BITUMINOUS COAL AND LIGNITE MINING | 7 |
13 | OIL AND GAS EXTRACTION | |
131 | Crude Petroleum and Natural Gas | 7 |
132 | Natural Gas Liquids | 7 |
1381 | Drilling Oil and Gas Wells | 6 |
1382 | Oil and Gas Field Exploration Services | 1 |
1389 | Oil and Gas Field Services not elsewhere classified | Variable, Depending on Activity |
14 | MINING AND QUARRYING OF NON-METALLIC MINERALS, EXCEPT FUELS | |
141 | Dimension Stone | 2 |
142 | Crushed and Broken Stone, including Riprap | 2 |
144 | Sand and Gravel | 2 |
145 | Clay, Ceramic, and Refractory | 2-5 |
147 | Minerals | 4-7 |
148 | Chemical and Fertilizer Mineral Mining | 1-7 |
149 | Nonmetallic Minerals Services Miscellaneous Nonmetallic Minerals, except Fuels | 2-5 |
16 | CONSTRUCTION OTHER THAN BUILDING CONSTRUCTION | |
1629 | Heavy Construction, not elsewhere classified (Dredging, especially Salt Water) | 4 |
20 | FOOD AND KINDRED PRODUCTS | |
201 | Meat Products | 3 |
202 | Dairy Products | 2 |
203 | Canned and Preserved Fruits and Vegetables | 4 |
204 | Grain Mill Products | 2 |
205 | Bakery Products | 2 |
206 | Sugar and Confectionary Products | 2 |
207 | Fats and Oils | 3 |
208 | Beverages | 2-5 |
209 | Misc. Food Preparation and Kindred Products | 2 |
22 | TEXTILE MILL PRODUCTS, ALL EXCEPT LISTINGS BELOW | |
223 | Broad Woven Fabric Mills, Wool (including dyeing and finishing) | 6 |
226 | Dyeing and Finishing Textiles, except Wool Fabrics and Knit Goods | 6 |
2295 | Coated Fabrics, not Rubberized | 6 |
24 | LUMBER AND WOOD PRODUCTS, EXCEPT FURNITURE | |
241 | Logging Camps and Logging Contractors | 2 |
242 | Sawmills and Planing Mills | 2 |
2435 | Hardwood Veneer and Plywood | 4 |
2436 | Softwood Veneer and Plywood | 4 |
2439 | Structural Wood Members, not elsewhere classified | 3 |
2491 | Wood Preserving | 5 |
2492 | Particle Board | 4 |
2499 | Wood Products, not elsewhere classified | 2-5 |
26 | PAPER AND ALLIED PRODUCTS | |
261 | Pulp Mills | 6 |
262 | Paper Mills except Building Paper | 6 |
263 | Paperboard Mills | 6 |
28 | CHEMICALS AND ALLIED PRODUCTS | |
2812 | Alkalies and Chlorine | 7-9 |
2813 | Industrial Gases | - |
2816 | Inorganic Pigments | 3-8 |
2819 | Industrial Inorganic chemicals not elsewhere classified | 3-9 |
2821 | Plastic Materials, Synthetic Resins, and Nonvulcanizable Elastomers | 6-8 |
2822 | Synthetic Rubber (Vulcanizable Elastomers) | 6-8 |
2823 | Cellulose Man-Made Fibers | 6-8 |
2824 | Synthetic Organic Fibers, except cellulosic | 6-8 |
2831 | Biological Products | 6-9 |
2833 | Medicinal Chemicals and Botanical Products | 3-8 |
2834 | Pharmaceutical Preparations | 6-9 |
2841 | Soap and other Detergents, except Specialty Cleaners | 4-6 |
2842 | Specialty Cleaning, Polishing, and Sanitation Preparation | 3-8 |
2843 | Surface Active Agents, Finishing Agents, Sulfonated Oils and Assistants | 6-8 |
2844 | Perfumes, Cosmetics, and other Toilet Preparations | 3-6 |
2851 | Paints, Varnishes, Lacquers, Enamels, and Allied Products | 5-8 |
2861 | Gum and Wood Chemicals | 5-8 |
2865 | Cyclic (coal tar) Crudes, and Cyclic Intermediates, Dyes and Organic Pigments (lakes and Toners) | 6-9 |
2869 | Industrial Organic Chemicals not elsewhere listed | 3-9 |
2873 | Nitrogenous Fertilizers | 7-8 |
2874 | Phosphatic Fertilizers | 7-8 |
2875 | Fertilizer Mixing Only | 5 |
2879 | Pesticides and Agricultural Chemicals, not elsewhere listed | 5-9 |
2891 | Adhesives and Sealants | 5-8 |
2892 | Explosives | 6-9 |
2893 | Printing Ink | 2-5 |
2895 | Carbon Black | 1-3 |
2899 | Chemicals and Chemical Preparations, not elsewhere listed | 3-9 |
29 | PETROLEUM REFINING AND RELATED INDUSTRIES | |
291 | Petroleum Refining | 8 |
295 | Paving and Roofing Materials | 7 |
299 | Misc. Petroleum and Coal Products | 7 |
30 | RUBBER AND MISCELLANEOUS PLASTICS PRODUCTS | |
301 | Tires and Inner Tubes | 6 |
302 | Rubber and Plastic Footwear | 6 |
303 | Reclaimed Rubber | 6 |
304 | Rubber and Plastic Hose and Belting | 4 |
306 | Fabricated Rubber Products, not elsewhere classified | 4 |
31 | LEATHER AND LEATHER PRODUCTS | |
311 | Leather Tanning and Finishing | 8 |
(Remaining Three-Digit Codes) | 1-3 | |
32 | STONE, CLAY, GLASS, AND CONCRETE PRODUCTS | |
321 | Flat Glass | 4 |
322 | Glass and Glassware, Pressed or Blown | 4 |
324 | Cement, Hydraulic | 3 |
3274 | Lime | 3 |
3291 | Abrasive Products | 3 |
3292 | Asbestos | 3 |
3293 | Gaskets, Packing and Sealing Devices | 3 |
33 | PRIMARY METAL INDUSTRIES | |
(Except as noted below) | 3 | |
3312 | Blast Furnaces, Steel Works, and Rolling and Finishing Mills | 6 |
333 | Primary Smelting and Refining of Nonferrous Metals | 7 |
34 | FABRICATED METAL PRODUCTS, EXCEPT MACHINERY AND TRANSPORTATION EQUIPMENT | |
(Except as noted below) | 5 | |
347 | Coating, Engraving and Allied Services | 8 |
3482 | Small Arms Ammunition | 7 |
3483 | Ammunition, except for Small Arms, not elsewhere classified | 7 |
3489 | Ordnance and Accessories, not elsewhere classified | 7 |
349 | Misc. Fabricated Metal Products | 3-6 |
35 | MACHINERY, EXCEPT ELECTRICAL | 5-7 |
36 | ELECTRICAL AND ELECTRONIC MACHINERY, EQUIPMENT AND SUPPLIES (Except and noted below) | |
3691 | Storage Batteries | 8 |
3692 | Primary Batteries, Dry and Wet | 8 |
37 | TRANSPORTATION EQUIPMENT | 5-8 |
38 | MEASURING, ANALYZING, AND CONTROLLING INSTRUMENTS; PHOTOGRAPHIC, MEDICAL AND OPTICAL GOODS; WATCHES AND CLOCKS (Except as noted below) | 4-6 |
386 | Photographic Equipment and Supplies | 7 |
39 | MISCELLANEOUS MANUFACTURING INDUSTRIES | 3-7 |
49 | ELECTRICAL, GAS, AND SANITARY SERVICES | |
491 | Electric Services | 3-5 |
492 | Gas Production and Distribution | 3 |
494 | Water Supply | 2 |
4952 | Sewage Systems | 2-5 |
4953 | Refuse Systems (Landfills) | 5-9 |
496 | Steam Supply | 2-4 |
(Ord. 1069-94. Passed 4-28-94.)
Table 2 CONTAMINANT HAZARD POTENTIAL RANKING CLASSIFIED BY TYPE
DESCRIPTION | HAZARD POTENTIAL INITIAL READING | ID* NUMBER |
SOLIDS | ||
Ferrous Metals | 1-4 | 1100 |
Non-Ferrous Metals | 1-7 | 1200 |
Resins, Plastics, and Rubbers | 2 | 1300 |
Wood and Paper Materials (except as noted below) | 2 | 1400 |
Bark | 4 | 1401 |
Textiles and Related Fibers | 2 | 1500 |
Inert Materials (except as noted below) | 2 | 1600 |
Sulfide Mineral - Bearing Mine Tailings | 6 | 1601 |
Slag and Other Combustion Residues | 5 | 1602 |
Rubble, Construction, and Demolition Mixed Waste | 3 | 1603 |
Animal Processing Wastes (except as noted below) | 2-4 | 1700 |
Processed Skins, Hides and Leathers | 6 | 1701 |
Dairy Wastes | 4 | 1702 |
Live Animal Wastes - Raw Manures (Feedlots) | 5 | 1703 |
Composts of Animal Wastes | 2-4 | 1704 |
Dead Animals | 5 | 1705 |
Edible Fruit and Vegetable Remains Putrescibles | 2-3 | 1800 |
LIQUIDS | ||
Organic Chemicals (must be chemically classified) | 2000 | |
Aliphatic (Fatty) Acids | 3-5 | 2001 |
Aromatic (Benzene) Acids | 7-8 | 2002 |
Resin Acids | 2003 | |
Alcohols | 5-7 | 2004 |
Aliphatic Hydrocarbons (benzene derivatives) | 4-6 | 2005 |
Aromatic Hydrocarbons (benzene derivatives) | 6-8 | 2006 |
Sulfonated Hydrocarbons | 7-8 | 2007 |
Halogenated Hydrocarbons | 7-9 | 2008 |
Alkaloids | 7-9 | 2009 |
Aliphatic Amines and Their Salts | 1-4 | 2010 |
Anilines | 6-8 | 2011 |
Pyridines | 2-6 | 2012 |
Phenols | 7-9 | 2013 |
Aldehydes | 6-8 | 2014 |
Ketones | 6-8 | 2015 |
Organic Sulfur Compounds (Sulfides, Mercaptans) | 7-9 | 2016 |
Organometallic Compounds | 7-9 | 2017 |
Cyanides | 7-9 | 2018 |
Thiocyanides | 2-6 | 2019 |
Sterols | - | 2020 |
Sugars and Cellulose | 1-4 | 2021 |
Esters | 6-8 | 2022 |
Inorganic Chemicals (must be chemically classified) | 2100 | |
Mineral and Metal Acids | 5-8 | 2101 |
Mineral and Metal Bases | 5-8 | 2102 |
Metal Salts, including Heavy Metals | 6-9 | 2103 |
Oxides | 5-8 | 2104 |
Sulfides | 5-8 | 2105 |
Carbon or Graphite | 1-3 | 2106 |
Other Chemical Process Waters not previously listed (must be chemically classified) | 2200 | |
Inks | 2-5 | 2201 |
Dyes | 3-8 | 2202 |
Paints | 5-8 | 2203 |
Adhesives | 5-8 | 2204 |
Pharmaceutical Wastes | 6-9 | 2205 |
Petrochemical Wastes | 7-9 | 2206 |
Metal Treatment Wastes | 7-9 | 2207 |
Solvents | 6-9 | 2208 |
Agricultural Chemicals (Pesticides, Herbicides, Fungicides, etc.) | 7-9 | 2209 |
Waxes and Tars | 2-7 | 2210 |
Fermentation and Culture Wastes | 2-5 | 2211 |
Oils, including Gasoline, Fuel Oil, etc. | 5-8 | 2212 |
Soaps and Detergents | 4-6 | 2213 |
Other Organic or Inorganic Chemicals, includes Radioactive Wastes | 4-8 | 2300 |
Conventional Treatment Process Municipal Sludges | ||
From Biological Sewage Treatment | 4-8 | 2301 |
From Water Treatment and Conditioning Plants (must be chemically classified) | 2-5 | 2302 |
* ID Number is for identification of waste types in the Reporting Form.
1. Classification based on material in Environmental Protection Agency Publication, 670-2-75-024, pp. 79-85, prepared by Arthur D. Little, Inc. and published in 1975. (Ord. 1069-94. Passed 4-28-94.)