Norwood City Zoning Code

TITLE NINE

Zoning General Provisions

CHAPTER 1159 Parking Overlay Zones (Repealed)

EDITOR’S NOTE: Former Chapter 1159 was deleted by Ordinance 50-2022, Section 23, passed November 8, 2022.

CODIFIED ORDINANCES OF NORWOOD

1151.01 REQUIREMENTS FOR PRINCIPAL BUILDINGS.

(a) Except as otherwise specified, every principal building shall be subject to the applicable standards specified in Table 1151-1 which is contained at the end of this chapter.

(b) Maximum front yard setbacks shall not apply to single family residential uses, two family residential uses, and industrial uses in the M-1 and M-2 Districts.

(c) For commercial and multi-family residential uses, the maximum front yard setback may be increased up to thirty (30) feet when a public private setback conforming to the requirements of Section 1151.29 is provided.

(d) The M-1 and M-2 Districts' minimum height requirements shall apply only to nonindustrial uses.

(Ord. 8-2013. Passed 2-26-13.)

1151.02 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS.

In addition to all yard regulations specified in other sections of this Zoning Code, the provisions of this chapter, inclusive, shall be used for interpretation and clarification.

(Ord. 30-1985. Passed 6-25-85.)

1151.03 MODIFICATIONS AND EXCEPTIONS FOR PRINCIPAL BUILDINGS.

(a) The height limitations as defined and stipulated elsewhere in this Zoning Code are subject to the following modifications and exceptions:

(1) Structure Heights. In an R district, public, semipublic or public service buildings, hospitals (except as otherwise provided) and places of worship may be erected to a height not exceeding three stories or forty five feet including all construction mechanicals, and spires and steeples may be erected to a height not exceeding seventy five feet from ground level; provided, however, that the building is set back from each required yard at least one foot for each one foot of additional height above the height limit otherwise provided in the district where the building is built.

(2) Height limitations shall not apply to spires, belfries, cupolas, domes, false mansards, parapet walls, monuments; water towers, fire and hose towers, observation towers, transmission towers; windmills, chimneys, smoke stacks, flag poles, radio and television towers and antennas, masts and aerials, provided that the foregoing are not extended more than four feet above the limiting height of the building.

(3) Within fifty (50) feet of any residential zoning district, the maximum height in a GBD, CBD, M-1, or M-2 zone shall be sixty (60) feet.

(Ord. 8-2013. Passed 2-26-13.)

1151.04 DOUBLE FRONTAGE LOTS.

Where a lot extends through the block from street to street, the required front yards shall be provided along each street. (Ord. 30-1985. Passed 6-25-85.)

1151.05 REAR YARD COMPUTATIONS FOR IRREGULAR SHAPED LOTS.

In the case of an irregular shaped lot, the required minimum depth of a rear yard may be deemed to be the average depth of the rear yard, provided that no rear yard so averaged shall be less than ten feet or one-half the required minimum depth at any point.

(Ord. 30-1985. Passed 6-25-85.)

1151.06 SETBACK REQUIREMENTS FOR CORNER BUILDINGS.

On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.

(Ord. 30-1985. Passed 6-25-85.)

1151.07 VISIBILITY AT INTERSECTIONS.

On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and a half and ten feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along such street lines twenty from the point of intersection. Any trees installed within this area shall be without limbs to a height of ten (10) feet above the grade.

(Ord. 8-2013. Passed 2-26-13.)

1151.08 FENCE AND WALL RESTRICTIONS.

(a) No fence or wall shall be permitted if it extends into the required minimum, primary front yard setback. For a corner lot, the Chief Building Official, or his delegate, may permit a fence located within and/or along the Exterior or Secondary Side Lot Line, or yard, only in accordance to all of the following standards:

(1) At least fifty percent (50%) of the fence shall be open and unobstructed so as to not materially impede vision;

(2) The fence shall have a maximum height of four (4) feet;

(3) The fence shall be located a minimum of three (3) feet from the legal right-of-way, property line, or sidewalk, whichever provides the greatest physical separation;

(4) The fence shall not extend beyond the existing front building façade or footprint;

(5) The fence shall be made of quality composite, decorative metal, PVC, or wood.

If applicant cannot satisfy these criteria, then they may apply for a variance to the Board of Zoning Appeals.

(b) No hedge or other vegetation shall be permitted which materially impedes vision across such yard between the height of two and one-half and ten feet.

(c) Fences, walls and hedges may be located in any required rear or interior side yard if they do not exceed, at any point, six (6) feet in height above the grade elevation.

(d) Barbed Wire. Barbed wire or barbed wire brackets are prohibited.

(Ord. 39-2011. Passed 9-27-11; Ord. 50-2022. Passed 11-8-22.)

1151.09 RECREATION AND COMMERCIAL MOTOR VEHICLE PARKING OR STORAGE.

(a) No vehicle licensed as a recreation vehicle may be parked in any area of yard required to be kept as open space as determined by the applicable minimum setback requirements.

(b) No vehicle, other than a recreational vehicle, over three-quarter ton capacity may be parked on a lot in any residential zone.

(Ord. 30-1985. Passed 6-25-85.)

(c) Parking of trailers, boats, and recreation vehicles upon any Norwood street shall not exceed forty-eight hours within a seven day period.

(Ord. 4-2003. Passed 2-11-03.)

1151.10 YARD REQUIREMENTS FOR MULTI-FAMILY DWELLINGS.

Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear and two side yards as specified for dwellings in the appropriate district.

(Ord. 30-1985. Passed 6-25-85.)

1151.11 BUFFER AND SCREENING.

(a) Commercial or industrial use abutting a residential zoning district shall be buffered by a fifteen (15) foot landscaped area planted with an evergreen hedge or dense planting of evergreen shrubs with a minimum mature height of four (4) feet planted every four (4) linear feet and one (1) deciduous shade tree per thirty (30) linear feet. Such screening shall not obscure traffic visibility within fifty (50) feet of an intersection.

(b) Such buffer area may be reduced to ten feet when a six (6) foot high opaque fence with a six (6) foot wide buffer containing one (1) shrub/tree with a minimum mature height of four (4) feet planted every four (4) linear feet and one (1) deciduous shade tree per thirty linear feet is provided. Such screening shall not obscure traffic visibility within fifty feet of an intersection.

(c) Parking areas and driveways shall not encroach nor shall any structure, other than a wall or fence, be permitted within the required buffer area.

(d) The following shall be located at the rear of the building and shall be screened in accordance with this section:

(1) Dumpsters, large waste receptacles, and refuse collection points;

(2) Loading and service areas;

(3) Outdoor storage areas including storage tanks; and

(4) Mechanical equipment and utility meters.

(e) All items shall be shielded from view from public roads and adjoining property by a screen consisting of fences, walls, or plant materials or a combination thereof. The screening shall be seventy percent (70%) opaque and at least one foot higher than the item to be screened. All plant materials shall be of an evergreen variety.

(Ord. 8-2013. Passed 2-26-13.)

1151.12 MULTIPLE SINGLE FAMILY DWELLING UNITS.

Multiple single family dwelling units such as row houses, townhouses or condominiums which are constructed for sale as individually owned dwelling units shall have no minimum yard requirements for the individual dwelling units. However for the purposes of this Zoning Code, the entire complex of connected housing units shall be considered as one building and the height, density and open space requirements for a multi-family building shall be applied.

(Ord. 30-1985. Passed 6-25-85.)

1151.13 ARCHITECTURAL PROJECTIONS.

(a) When a principal structure already exists, the side yard setbacks may be reduced to that of the existing structural footprint in order to place decks, single-story additions that do not exceed the height of the existing structure, porches, and other projections, without the need for a variance, but subject to building permit approval.

(b) Rear yard setbacks for additions and projections may be reduced to match and fit within the existing structural footprint. An open deck shall have a minimum ten (10) foot rear yard setback.

(c) Front porches may extend up to ten (10) feet into front yard setbacks. Porches must remain setback at least the following distance from a public right-of-way:

(1) In the R Districts, five (5) feet.

(Ord. 50-2022. Passed 11-8-22.)

1151.14 FIRE ESCAPE RESTRICTIONS ON FRONT OF BUILDINGS.

No fire escape shall be erected on the outside of the front of any building.

(Ord. 30-1985. Passed 6-5-85.)

1151.15 PEDESTRIAN SHELTERS.

Yard requirements for buildings shall not apply to rail or bus waiting shelters.

(Ord. 30-1985. Passed 6-25-85.)

1151.16 LOCATION AND HEIGHT OF ACCESSORY BUILDINGS OR STRUCTURE IN RESIDENTIAL DISTRICTS.

(a) In any R-District, no accessory building or structure, except fences and walls approved pursuant to Section 1151.08, may be erected in any front yard or any required side yard. Accessory buildings shall not exceed fifteen feet (15) in height. Accessory structures shall be limited to 600 square feet or thirty-five percent (35%) of the rear yard area, whichever is greater.

(b) The accessory structure walls shall be at least three feet from lot lines in the rear yard, provided however, that garages or garages with rooms above may be connected to the principal building by a breeze way or similar structure, provided that all yard requirements are complied with.

(Ord. 8-2013. Passed 2-26-13.)

1151.16.1 HANDICAPPED ACCESSIBLE RAMPS.

(a) A handicapped accessible ramp in accordance with the Americans With Disabilities Act’s Guidelines may be installed in any yard without Board of Zoning approval when medical evidence is provided with the Building Permit application that such ramp is necessary for access to a dwelling, or when such access is required to a building in accordance with the Americans With Disabilities Act.

(b) The accessible ramp shall be installed in the side yard where possible. The owner shall remove the accessible ramp from a dwelling when the medical necessity for the ramp access no longer exists. All ramps and other structures installed in a front yard for other than handicapped access to a dwelling, or for handicapped access to a building in accordance with the Americans With Disabilities Act that are installed permanently shall only be installed pursuant to Section 1151.13.

(Ord. 28-1999. Passed 5-11-99.)

1151.17 LOCATION AND HEIGHT OF ACCESSORY BUILDING FOR NONRESIDENTIAL DISTRICT.

In GBD, CBD, M-1 and M-2 Districts, accessory buildings and structures shall be permitted to have a height as great as that permitted for a principal building and to be located in any yard, provided, however, that every structure shall be set back from every street line a distance no less than the front yard requirements according to the applicable district regulations, and shall be set back from every other property line a distance no less than the appropriate yard requirements for principal building according to the applicable district regulations.

(Ord. 30-1985. Passed 6-25-85.)

1151.18 LOCATION AND HEIGHT OF OTHER STRUCTURES.

Within the limits of a yard or court, in a residence, office or neighborhood business district, no accessory structure other than an accessory building shall exceed six feet in height, except as otherwise specified in this Zoning Code.

(Ord. 30-1985. Passed 6-25-85.)

1151.19 ENCROACHING DOORS OR GATES.

Every garage, other accessory building or fence shall be so equipped that the door or gates, when open or being opened, shall not project beyond any lot line of the lot on which such building or fence is located.

(Ord. 30-1985. Passed 6-25-85.)

1151.20 UNCOVERED GROUND STRUCTURES.

Uncovered patios, terraces, parking areas, driveways and similar structures shall be permitted anywhere within the rear yard. Driveways are permitted to cross a front yard or side adjacent to the side street of a corner lot, to connect to a permitted garage.

(Ord. 30-1985. Passed 6-25-85.)

1151.21 PRIOR ERECTION OF MAIN BUILDING.

In any R-District, no accessory building shall be erected or constructed prior to the erection or construction of the principal or main building.

(Ord. 30-1985. Passed 6-25-85.)

1151.22 LAND REQUIREMENTS EXCLUSIVE.

Land used to meet the yard, off-street parking, density or other open space requirement of this Zoning Code for a building or group of buildings shall not be used to meet the yard, off-street parking, density or other open space requirements for any other building or group of buildings.

(Ord. 30-1985. Passed 6-25-85.)

1151.23 LOT AREA REDUCTION.

No lot shall be so reduced in area by conveyance of a portion thereof as to make any open space of such lot less than the minimum requirements prescribed herein, provided that:

(a) Such requirements shall not be construed to prevent the sale of an individual unit of a multiple dwelling.

(b) A lot having more than one existing principal building may be divided into separate parcels each having at least one principal building.

(Ord. 30-1985. Passed 6-25-85.)

1151.24 DWELLING UNIT ADDITIONS.

(a) Except for a permitted ancillary unit, the construction, alteration, or renovation creating additional dwelling units to any single-family and two-family, residential structure or row house is prohibited.

(b) Additional dwelling units are permitted when additional land area is acquired or utilized for the purpose of adding additional dwelling units to an existing multifamily, or mixed-use building or buildings, whether by adding dwelling units in the existing building, or by adding floor area to the existing building, or by adding an additional building

(Ord. 8-2013. Passed 2-26-13.)

1151.25 TERMINATION OF COVENANTS.

Council, by resolution, upon receipt of a recommendation from the Chief Building Official or authorized staff delegate, may direct the Service Director to execute a release of any covenant executed pursuant to this Zoning Code or any amendment thereof. The release shall be in a form of written instrument acceptable to and approved by the City Law Director. The Chief Building Official or authorized staff delegate may recommend the termination of covenants in the following instances:

(a) The particular use requiring a covenant is no longer necessary, and the building permits have been terminated; or

(b) The condition, or conditions, requiring such covenant are no longer applicable.

(Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1151.26 MANUFACTURED HOMES OR RECREATIONAL VEHICLES PROHIBITED AS DWELLING UNITS.

(a) Definitions. As used in this section:

(1) "Manufactured home" means any nonself-propelled vehicle transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure are based on the structure's exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows.

(2) "Recreational vehicle" means a vehicular portable structure designed and constructed to be used as a temporary dwelling for travel, recreational and vacation uses and being classed as follows:

A. "Travel trailer" means a nonself-propelled recreational vehicle not exceeding an overall length of thirty-five feet, exclusive of bumper and tongue or coupling, and includes a tent type fold out camping trailer as defined in Ohio R.C. 4517.01(S).

B. "Motor home" means a self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.

C. "Truck camper" means a nonself-propelled recreational vehicle, without wheels for road use, and designed to be placed upon and attached to a motor vehicle. Truck camper does not include truck covers which consist of walls and roof but do not have floors and facilities for using same as a dwelling.

(3) "Dwelling unit" is defined at Section 1111.51.

(b) Prohibition. No person shall use a manufactured home or recreational vehicle as a dwelling within the City limits.

(c) Notice. If the Building Department determines that a manufactured home or recreational vehicle is being used within the City limits as a dwelling unit, the appropriate official thereof shall give the owner or occupant of such manufactured home or recreational vehicle thirty days written notice to either remove the manufactured home or recreational vehicle from the City limits or cease using the manufactured home or recreational vehicle as a dwelling unit and take up residence elsewhere. If, after expiration of the thirty days set forth in the notice, the manufactured home or recreational vehicle is still being used within the City limits as a dwelling unit, such official of the Building Department shall file a complaint in Mayor's Court charging such owner or occupant with a violation of this section.

(d) Penalty. Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for any subsequent offense. Each day that a person continues to use a manufactured home or recreational vehicle as a dwelling after expiration of the thirty days notice shall constitute a separate violation of this section.

(Ord. 48-1989. Passed 9-26-89.)

1151.27 LIMITATIONS ON EXCESSIVE CONCENTRATION OF ADULT FAMILY HOMES AND ADULT GROUP HOMES.

The concentration of Adult Family Homes and Adult Group Homes in the City of Norwood shall not exceed the amounts listed in subsection (a) below. The terms “Adult Family Homes” and “Adult Group Homes” as used herein are the same as they are described in Ohio Revised Code Chapter 3722, and accordingly licensed by the State of Ohio Department of Health. Nothing in this section shall prevent the continued existence or operation of any Adult Family Home or Adult Group Home which is in existence as of the effective date of this ordinance.

(a) The following are limits on the number of Adult Family Homes and Adult Group Homes permitted in each zoning district within the City of Norwood. In no event, however, shall the total number of Group Homes within the City of Norwood exceed six (6) in number.

(1) R-1, R-2, R-3, and RMX Districts. There shall be permitted no more than one (1) adult family home or adult group home in any one residential district within the City of Norwood.

(2) O-Office District. No adult family home or adult group home shall be permitted in an O Office District.

(3) CBD - Central Business District. No adult family home or adult group home shall be permitted in the Central Business District.

(4) NBD - Neighborhood Business District. No adult family home or adult group home shall be permitted in a Neighborhood Business District.

(5) GBD - General Business District. No adult family home or adult group home shall be permitted in a General Business District.

(6) M-1 Light Manufacturing District. No adult family home or adult group home shall be permitted in an Light Manufacturing District.

(7) M-2 Heavy Manufacturing District. No adult family home or adult group home shall be permitted in a Heavy Manufacturing District.

(Ord. 32-2005. Passed 9-13-05.)

1151.28 OUTDOOR DINING AREAS.

(a) Outdoor dining shall only be a permitted accessory use to a permitted indoor restaurant. Outdoor seating shall not disrupt the public-right-of-way or any entrances or exits to the restaurant.

(b) The number of seats permitted in an outdoor dining area shall be no more than thirty percent (30%) of the seats inside the restaurant.

(c) Outdoor heaters may be permitted and shall comply with applicable provision of the Norwood Fire Code and Building Code.

(d) The property owner shall be responsible to keep the outdoor dining area free and clear of all garbage, trash, litter, and other debris and shall provide appropriate trash receptacles within the outdoor dining area. Such receptacles shall be emptied on a regular basis and moved indoors at the end of each business day.

(Ord. 39-2011. Passed 9-27-11.)

1151.29 PUBLIC-PRIVATE SETBACK REQUIREMENTS.

(a) Public private setbacks shall either be landscaped or paved with an impervious masonry material such as pavers, natural stone, stamped concrete or brushed concrete, and other like and similar materials.

(b) Public private setbacks shall be open to the sky and unobstructed except for the following features, equipment and appurtenances normally found in public parks: water features, including fountains, reflecting pools, and waterfalls; sculptures and other works of art; seating; trees, planters, planting beds, lawns, and other landscape features; pergolas, arbors or trellises; litter receptacles; bicycle racks; tables and other outdoor furniture; lights and lighting stanchions; permitted temporary exhibitions; permitted awnings, umbrellas; canopies, or marquees; permitted kiosks and open-air cafes; stages; public transit station; and drinking fountains.

(c) Entrances to buildings located within a public private setback may have a maximum of one canopy, awning, or marquee complying with the following:

(1) A maximum area of two hundred and fifty (250) square feet,

(2) No more than fifteen (15), feet when measured perpendicular to the building façade, projection into the public private setback;

(3) A minimum of fifteen (15) feet above the level of the public private setback adjacent to the building entrance.

(d) No garage entrances, driveways, parking spaces, passenger drop offs loading berths, or building trash storage facilities shall be permitted within a public private setback. Nor shall any building trash storage facility be accessed or serviced through the public private setback. If garage entrances, parking spaces, passenger drop-offs, driveways, loading berths or building trash storage facilities are located near or adjoin a public private setback, they shall be separated from it by a barrier sufficient to substantially conceal these facilities and any vehicles therein when viewed from any point in the public private setback.

(e) Outdoor dining may be covered in conformance with the Building Code with the following:

(1) A roof incorporated into the structure of the principal building and opened towards the street or setback;

(2) Temporary fabric roofs with no vertical supports; or

(3) Arbors, pergolas, or trellises.

(f) Public private setbacks between five hundred (500) and one thousand (1,000) square feet in area must provide one of the following additional amenities and public private setbacks greater than one thousand (1,000) square feet in area must provide at least three of the following additional amenities.

(1) Seating including benches, seats, and moveable chairs;

(2) Decorative planting and trees;

(3) A minimum of one drinking fountain;

(4) Artwork that is provided as an additional amenity must integrate with the design of the public private setback. Artwork shall not interfere with public access, circulation, or visual openness within the public private setback or between the public private setback and adjoining public areas; or

(5) Water feature (such as fountains, reflecting pools, waterfalls).

(g) One litter receptacle shall be provided for every 1,500 square feet of public private setback area, up to a maximum of 6,000 square feet. Public private setbacks containing outdoor dining providing food service shall provide two litter receptacles for each 1,500 square feet of public private setback area occupied by such outdoor eating area. Setbacks greater than 6,000 square feet in area must provide an additional litter receptacle for every additional 2,000 square feet of public private setback. All litter receptacles must have a volume capacity of at least twenty-five (25) gallons and shall be located in visible and convenient locations. All top or side openings must have a minimum dimension of twelve (12) inches.

(h) All public private setbacks shall provide parking for at least two bicycles. Public private setbacks greater than 2,000 square feet in size must provide parking for at least four (4) bicycles.

(Ord. 8-2013. Passed 2-26-13.)

1151.30 DESIGN STANDARDS.

For properties located in the NBD, O, GBD, CBD Zoning Districts and for non-industrial uses in the M-1 and M-2 the following design standards shall apply:

(a) Elements such as openings, sills, punched windows, bulkheads, columns, pilasters, and other architectural features shall be incorporated into the design of all buildings.

(b) Building shall front on a street or courtyard. Buildings shall not front onto a parking lot. Building facades that front the street shall extend parallel to the street.

(c) A primary building frontage shall incorporate at least one main entrance door onto the public right-of-way. At a building corner where two primary building frontages meet, one main entrance door may be located at the corner so as to meet the requirement for both building frontages.

(d) Buildings at corners or an axial terminus should be designed with additional height and architectural details, such as a curved wall parallel to intersection or corner towers, to emphasize their location.

(e) A building frontage that exceeds a length of fifty (50) feet shall include vertical piers, building wall offsets, projections, recesses, changes in floor level or other vertical visual elements to break the plane of the building frontage. The vertical piers, columns, pilasters, or other vertical elements shall be spaced at intervals of fifteen (15) feet to thirty-five (35) feet along the entire building frontage.

(f) The building sides visible from the public right-of-way shall comply with the following:

(1) For commercial uses at least sixty percent (60%) of the area between the height of two (2) feet and ten (10) feet above the nearest sidewalk grade shall be window glass with a maximum tint of thirty percent (30%).

(2) For all uses, at least twenty-five percent (25%) of the area above twelve and one half (12.5) feet shall have vertically oriented windows with a maximum tint of thirty percent (30%). This requirement may be waived if historic photos from when the building was first constructed can be provided that show a different percentage of window glass was used.

(3) For any replacement of upper story windows, the maximum window tint shall be thirty percent (30%).

(4) Existing windows shall not be blocked, boarded up, or reduced in size.

(g) Architectural features, materials, and the articulation of buildings shall be continued on all sides visible from the public right of way. Materials shall be selected for suitability to the type of buildings for which they are used.

(h) All roof-mounted mechanical equipment shall be screened from public view to the height of the equipment. The materials shall be architecturally compatible with the rooftop and aesthetic character of the building.

(i) Awnings, balconies, or arcades extending on or over a street right-of-way, the following apply:

(1) Awnings over ground-story doors or windows shall have a depth of at least five (5) feet and a clear height of at least eight (8) feet above the sidewalk. Awnings shall extend over at least twenty-five (25) percent of the width of each primary façade. Backlit, high-gloss, or plasticized fabrics are prohibited.

(2) Second-story balconies shall have a depth of at least (6) feet and a clear height below of at least ten (10) feet above the sidewalk. These balconies shall extend over at least twenty-five (25) percent of each primary façade. These balconies may have roofs but shall be open toward the street.

(3) Arcades must have a clear width from their support columns to the building's primary façade of at least eight (8) feet and a clear height above the sidewalk of at least ten (10) feet. Support columns can be spaced no farther apart than they are tall and must be placed to allow at least two (2) feet and up to three (3) feet from their outer face to the curb. Arcades must extend over at least seventy-five (75) percent of the width of each primary façade.

(4) Any of these features may extend into the street yard and over public sidewalks provided that they maintain two feet of horizontal clearance from a parking lane or travel lane. Eaves, roof overhangs, and gutters may project not more than four (4) feet into the required yard.

(Ord. 8-2013. Passed 2-26-13.)

1151.31 SITE LIGHTING REQUIREMENTS.

The site lighting requirements are as follows:

(a) Exterior lighting shall be designed to minimize spill over to other properties. Area lighting fixtures shall direct light down and be full cut-off fixtures unless it is architectural/accent lighting, landscape lighting, area lighting for recreational uses, and exterior residential lighting.

(b) Important on-site elements such as entrances, pedestrian pathways, and pedestrian spaces shall be properly lit with appropriate lighting. All lighting fixtures, whether attached to a building and/or free standing, shall be of harmonious design.

(d) All outdoor lighting shall be located, screened, and shielded so that adjacent uses are not directly illuminated, especially in cases where non-residential uses are in close proximity to residential uses.

(e) Security lighting should be shielded and aimed so that the light is directed to the security area. All commercial exterior lighting, except signage, shall be equipped with automatic timing devices and/or extinguished no later than one (1) hour after closing, with the exception of motion detection security lighting.

(Ord. 8-2013. Passed 2-26-13.)

1151.32 STRUCTURED PARKING REQUIREMENTS.

In addition to the standards of Section 1117.28, structured parking shall conform to one (1) of the following:

(a) Parking Garages shall be screened by a linear building constructed along eighty percent (80%) of the façade abutting a public right-of-way;

(b) Parking Garages shall be incorporated into the principal building, shall be located behind occupied uses abutting a public right-of-way, and shall not exceed the height of the attached building by more than two stories or twenty-five (25) feet.

(d) Parking Garages shall be designed to blend in with the surrounding structures as follows:

(1) The structure shall incorporate materials and front façade architectural details that are found on principal structures within three hundred (300) feet of the proposed structure.

(2) Openings in the structure are screened with ornamental grillwork, artwork, plantings, or similar architectural features.

(Ord. 8-2013. Passed 2-26-13.)

1151.33 DRIVE-THRU REQUIREMENTS.

The drive-thru requirements are as follows:

(a) Drive-thru pickup windows and coverings are prohibited on primary frontages and shall be attached to the rear or side of the principal building.

(b) Drive through stacking lanes shall not be located between the principal building and the public right-of-way. Stacking lanes shall access an alley, driveway, or parking area to the rear of the principal building.

(c) All driveway entrances, including stacking lane entrances, must be at least fifty (50) feet from an intersection. The distance is measured along the property line from the junction of the two street lot lines to the nearest edge of the entrance.

(d) A minimum of one hundred and twenty (120) feet for a single stacking lane or sixty (60) feet per lane when there is more than one stacking lane is required for all drive-through facilities. A stacking lane is measured from the curb cut to the service area.

(e) Stacking lanes do not have to be linear. Stacking lanes must be clearly identified, through means such as striping, landscaping, and signs. Pedestrian walkways should not intersect with drive aisles if possible. If such intersections are necessary, they shall have clear visibility and be emphasized by differentiated paving or striping.

(f) Menu boards shall be a maximum of thirty-two (32) squared feet, with a maximum height of eight (8) feet above ground level.

(g) Awnings and drive-through canopies shall be architecturally integrated with the overall design of the principal structure.

(h) The sale of alcoholic beverages by means of a drive thru is prohibited.

(Ord. 8-2013. Passed 2-26-13.)

1151.34 THEATER REQUIREMENTS.

In addition to the standards of Section 1117.28, theaters shall conform to one (1) of the following:

(a) Theaters shall be screened by a linear building constructed along eighty percent of the facade abutting a public right of way.

(b) Theaters shall be setback a minimum of one hundred (100) feet and shall be screened by buildings complying with this chapter along eighty percent of the property line abutting a public right-of-way; or

(d) Theaters shall be designed according to the architectural and siting requirements of this chapter and in addition to the following:

(1) Marquee towers or ornaments shall not extend over the roof by no more than one half (½) the height of the structure.

(2) No more than fifty percent (50%) of the building may be unarticulated blank wall.

(3) The use of decorative materials such as stucco, tile, and ornamentation to break up the massing of the building is encouraged.

(Ord. 8-2013. Passed 2-26-13.)

1151.35 BIG-BOX RETAIL REQUIREMENTS.

In addition to the standards of Section 1117.28, big-box retail shall conform to one (1) of the following standards:

(a) Big-box retail shall be screened by a linear building constructed along eighty percent (80%) of the front facade;

(b) Big-box retail shall be setback a minimum of one hundred (100) feet and shall be screened by buildings complying with this chapter along eighty percent of the property line abutting a public right-of-way; or

(c) Big-box retail shall fit within a building complying with the requirements of this chapter.
(Ord. 8-2013. Passed 2-26-13.)

1151.36 FUEL/RECHARGING STATION REQUIREMENTS.

In addition to the standards of Section 1117.28, Fuel/Recharging Station requirements are as follows:

(a) Fuel/Recharging Stations shall be at least fifty (50) feet away from any R district and further provide that no entrance or exit shall be within two hundred (200) feet along the same side of a street of any school, public playground, church, hospital, or public library except where the lot for such use is in another block or on another street which the lot in question does not abut.

(b) The principal fuel/recharging station building shall comply with the requirements of this chapter and shall be designed so that one side of the building can be considered the rear where loading, dumpster, storage, and similar activities can occur.

(d) Canopies for fuel/recharging stations shall comply with the following:

(1) The cladding of the canopy columns shall be proportioned to the height and scale of the canopy.

(2) All canopy downspouts and related hardware shall be integrated into the canopy structure.

(3) The canopy structure shall relate to the main component of the principal fuel/recharging station building with respect to materials, massing, and overall design.

(4) Fascias of the canopy shall be finished to match the principal fuel recharging station building material and color.

(5) Lighting luminaries mounted under the canopy structures shall be shielded such that the lamp source is not visible and glare is not created.

(e) Fuel/Recharging station property shall provide the following landscaping and screening:

(1) Along the rear property line, there shall be a six (6) foot high opaque fence with a six (6) foot wide buffer containing one (1) shrub/tree with a minimum mature height of five (5) feet planted every four (4) linear feet and one (1) deciduous shade tree per thirty (30) linear feet.

(2) Setback twenty feet from the public right-of-way along the side property line, there shall be a six (6) foot high opaque fence with a six (6) foot wide buffer containing one (1) shrub/tree with a minimum mature height of five (5) feet planted every four (4) linear feet and one (1) deciduous shade tree per thirty (30) linear feet.

(3) Along the public-right-of-way, there shall be either a four (4) foot high solid masonry or stone wall or a four (4) foot high decorative fence with a minimum three (3) foot wide landscaping buffer planted with six (6) evergreen shrubs and one (1) deciduous shade tree per thirty (30) feet of frontage.

(4) All landscaping shall be maintained in good condition; dead material shall be replaced.

(f) Fuel pumps and recharging stations shall comply with the following requirements:

(1) All fuel pumps and recharging centers shall be located behind principal fuel/recharging station building and setback thirty (30) feet from the public right-of-way. Fuel pumps and recharging station shall not be located between the principal gas station building and the public right-of-way. At corner locations, this requirement may be met by placing the principal gas station building at the corner.

(2) Fuel pumps and charging stations shall be setback ten (10) feet from the rear and side property line.

(3) Where a fuel/recharging station property adjoins a residential use, the fuel pumps and charging station shall be setback twenty (20) feet from the rear and side property lines.

(g) Kiosk type fuel/recharging stations shall be prohibited. Kiosk type fuel recharging stations are defined as an ancillary structure inaccessible to the customer from which an attendant monitors the pumps and sells fuel, sundries, and other items.

(Ord. 8-2013. Passed 2-26-13.)

1151.37 AUTOMOTIVE SERVICE STATION MINOR REPAIR.

In addition to the standards of Section 1117.28, automotive service station/minor repair requirements are as follows:

(a) Automotive service and minor repair shall be at least fifty (50) feet away from any R district and further provide that no entrance or exit shall be within two hundred (200) feet along the same side of a street of any school, public playground, church, hospital, or public library except where the lot for such use is in another block or on another street which the lot in question does not abut.

(b) The service bays shall be setback ten (10) feet from the rear and side property line and thirty feet (30) from the public right-of-way behind the office, customer waiting area, and/or sales floor. At corner locations, this requirement may be met by placing the principal automotive service station/minor repair building at the corner. All garage entrances shall be oriented perpendicular to the public right-of-way unless the service bays are accessed from the rear through the parking area.

(c) Where an automotive service station/minor repair property adjoins a residential use or Residential Zoning District, the service bays shall be setback twenty (20) feet from the rear and side property lines.

(d) All vehicle entrances shall be at least fifty (50) feet from any street intersection.

(e) No oil draining pit or visible appliance for such purpose other than filling taps shall be located within ten feet of any street line or within twenty-five feet or an R District except where such appliances or pit is within an enclosed building.

(Ord. 8-2013. Passed 2-26-13.)

1151.38 REQUIREMENTS FOR HOME OCCUPATIONS.

(a) No person other than members of the family residing on the premises shall be engaged in such occupation;

(b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty five percent (25%) of floor area of any floor of the dwelling unit shall be used in the conduct of the home occupation;

(c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, nonilluminated, and mounted flat against the wall of the principal building;

(d) There shall be no sales on the premises;

(e) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this Zoning Code, and shall not be located in a required front yard; and

(f) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence; or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises.

(Ord. 8-2013. Passed 2-26-13.)

1151.39 DWELLING ON ANY LOT OF RECORD.

In any district where single-family dwellings are permitted, a single family detached dwelling may be erected on any lot of official record at the effective date of this Chapter, irrespective of area or widths, provided that the new structure shall comply with the applicable setback requirements of Table 1151-1. On lots of record that do not meet the minimum yard setback requirements for the corresponding district as of the effective date of this Chapter, the minimum yard setback shall be determined by the average setback of the primary structures located on the adjoining lots. However, those modified setbacks shall not be greater than fifty (50%) of the minimum setback required in that district except as otherwise provide in this Chapter.

(Ord. 8-2013. Passed 2-26-13.)

1151.40 GENERAL LANDSCAPING MATERIAL STANDARDS.

All landscape materials shall be installed with accepted good construction and planting procedures. The owner of the property shall be responsible for the continued maintenance of all landscaping materials planted or placed to fulfill the requirements of this Code and shall keep them in proper, neat, and orderly appearance, free from refuse and debris at all time. All unhealthy or dead plant material shall be replaced.

(Ord. 8-2013. Passed 2-26-13.)

1151.41 COMMERCIAL USES IN RESIDENTIAL ZONING DISTRICTS.

(a) In the R-1, R-2, RMX, and R-3 Districts, the following uses may be permitted within a structure constructed prior to the date of this amendment on any existing corner lot of record and primarily designed for commercial use as a conditional use approved by the Board of Zoning Appeals:

(1) Mixed Use of Residential with uses 4-13 below;

(2) Live Work;

(3) Artist Live Work;

(4) Public Uses;

(5) Personal Services;

(6) Studio Uses;

(7) Artisan Manufacturing;

(8) Home Occupations;

(9) Class "A" retail;

(10) Art Gallery;

(11) Office;

(12) Professional Office; and

(13) Retail Services.

(b) A new building containing uses listed Section 1151.41(a) may be constructed on an existing corner lot occupied by a commercial building constructed prior to the date of this amendment provided that the new construction shall meet the requirements of Section 1151.30 and be approved by the Board of Zoning Appeals.

(c) No lot occupied by a single family or a two family use or structure may be converted to commercial use in a Residential Zoning District.

(Ord. 26-2013. Passed 6-11-13.)

TABLE 1 PROPERTY REQUIREMENTS

GENERALLY APPLICABLE STANDARDS FOR PRINCIPAL BUILDINGS ON INDIVIDUAL LOTS

District	Maximum Building Height (Feet)	Minimum Building Height (Feet)	Minimum Lot Area (Sq. Feet)	Minimum Front Setback (Feet)	Minimum Side Setback (Feet)*	Minimum Rear Setback (Feet)*	Maximum Front Setback (Feet)
R-1	35		10,000	30	10	35
R-2	35		6,000	25	8	30
R-3	35		4,000 (1,500 per dwelling unit)	20	6	20
RMX	35		6,000	25	8	30
O	50		None	0	None, except as required by Section 1151.11	None, except as required by Section 1151.11	10
NBD	50		None	0	None, except as required by Section 1151.11	None, except as required by Section 1151.11	10
CBD	None	three stories	None	0	None, except as required by Section 1151.11	None, except as required by Section 1151.11	10
GBD	100	two stories or twenty-five feet whichever is greater	None	0	None, except as required by Section 1151.11	None, except as required by Section 1151.11	10
M-1	None	two stories or twenty-five feet whichever is greater	None	0	None, except as required by Section 1151.11	None, except as required by Section 1151.11	10
M-2	None	two stories or twenty-five feet whichever is greater	None	0	None, except as required by Section 1151.11	None, except as required by Section 1151.11	10

* As per Section 1151.13 - Architectural Projections, and certain building additions may extend into the otherwise required setbacks.

(Ord. 8-2013. Passed 2-26-18; Ord. 50-2022. Passed 11-8-22.)

1151.42 TABLE 2 - LIST OF PERMITTED, CONDITIONAL AND ACCESSORY USES.

NOTES:

X = Not Permitted; P = Permitted; CU = Conditional Use; AP = Accessory Use Permitted

Certain properties may have specific provisions that exceed or restrict available uses, such as those that may have been granted by the Board of Zoning Appeals, or Council via a Planned Unit Development. Additional criteria and provisions for uses are also located in Chapter 1111 - Definitions, 1151 - Supplemental Regulations and 1153 - Parking.

Any use not listed or that does not appear in below list is prohibited. As per Section 1115.02 the Chief Building Official shall be responsible for interpretation, subject to appeal and review by Board of Zoning Appeals.

PRIMARILY RESIDENTIAL USES

	R1	R2	R3	RMX	O	CBD	NBD	GBD	M1	M2
Accessory private garage, storage shed, parking area	AP	AP	AP	AP	AP	AP	AP	AP	AP	AP
Adult Day Care	X	X	X	X	X	X	X	CU	X	X
Adult Family Home	1151.27	1151.27	1151.27	1151.27	X	X	X	X	X	X
Adult Group Home	1151.27	1151.27	1151.27	1151.27	X	X	X	X	X	X
Ancillary apartment unit - 1151.24, 1136.02	X	X	X	X	P in Mixed-use Bld.	P in Mixed-use Bld.	P in Mixed-use Bld.	P in Mixed-use Bld.	X	X
Artist Live Work/Studio/Other Live Work Unit	CU - 1151.41	CU - 1151.41	CU - 1151.41	CU - 1151.41	P	P	P	P	X	X
Bed & Breakfast Inn	CU - 1157	CU - 1157	CU - 1157	CU - 1157	x	x	P - 1157	P - 1157	X	X
Boarding, lodging house	X	X	X	X	P	P	X	P	X	X
Cemetery	CU	X	X	CU	X	X	X	X	X	X
Child day care Type B home	P	P	P	P	P	P	P	P	P	P

	R1	R2	R3	RMX	O	CBD	NBD	GBD	M1	M2
Child day-care center, day nursery	X	CU	P	CU	P	P	P	P	P	P
Child day-care facility	X	X	X	X	P	P	P	P	P	P
Church, Place of Worship	CU	CU	CU	CU	P	P	P	P	P	P
Hospital, Sanitarium	X	X	CU - 1135.04	X	P	X	P	P	P	P
College, University, Seminary	X	X	X	X	P	P	P	P	P	P
Family Homes [group home]	P - 1151.27	P - 1151.27	P - 1151.27	P - 1151.27	X	X	X	X	X	X
Five or More Family Dwelling	X	X	X	X	P	P	P	P	X	X
Four Family Dwelling	X	X	X	X	P	X	P	P	X	X
Fraternity or Sorority House, Dormitories	X	X	X	X	CU	X	CU	X	X	X
Group Home	X	CU	CU	CU	X	X	X	X	X	X
Home Occupation	CU - 1151.38, 41	CU - 1151.38, 41	CU - 1151.38, 41	CU - 1151.38, 41	CU	CU	CU	P	CU	CU
Mixed-Use Residential	CU - 1151.41	CU - 1151.41	CU - 1151.41	CU - 1151.41	P	P	P	P	P - no DU, unless PUD	P - no DU, unless PUD
Multi Family (3 or more) dwellings	X	X	P	X	P	5 or more DU	P	P	X	X
Nonprofit private club and recreational club, fraternal lodge, swimming, union hall, etc.	X	X	CU	X	X	X	X	X	X	X

	R1	R2	R3	RMX	O	CBD	NBD	GBD	M1	M2
Nursing (“Home” 1111.68)	X	X	P	X	X	X	X	X	X	X
Private swimming pool and tennis court	AP	AP	AP	AP	AP	AP	AP	AP	AP	AP
Public Uses (Inc. school), Public Service Facility	CU	CU	CU	CU	P	P	P	P	P	P
Public, noncommercial recreation facility, open space, pool, etc.	P	P	P	P	P	X	P	P	P	P
Public, private elementary school	P	P	P	P	P	X	P	P	P	P
Single-Family Detached	P	P	P	P	P	X	P	X	X	X
Three Family Dwelling	X	X	P	X	P	X	P	P	X	X
Two Family Dwelling	X	P	P	X	P	X	P	X	X	X

PRIMARILY NON-RESIDENTIAL USES

	R1	R2	R3	RMX	O	CBD	NBD	GBD	M1	M2
Agricultural, excl. commercial stock raising, animal husbandry	AP	X	X	X	X	X	X	X	X	X
Alcoholic beverage, beer, wine, liquor retail sales	X	X	X	X	X	X	X	P	P	P
Alternative energy generating, as accessory, solar	X	X	X	X	AP	AP	AP	AP	AP	AP
Art gallery	CU - 1151.41	CU - 1151.41	CU - 1151.41	CU - 1151.41	P	P	P	P	P	P
Artisan manufacturing	CU - 1151.41	CU - 1151.41	CU - 1151.41	CU - 1151.41	p	p	p	p	p	p
Artist Live Work/Studio/Other Live Work Unit	CU - 1151.41	CU - 1151.41	CU - 1151.41	CU - 1151.41	P	P	P	P	X	X
Assembling, compounding, manufacturing and treatment of previously finished or prepared materials and products, which activity and operation must be done in a completely - wholly contained building(s).	X	X	X	X	X	X	X	X	P	P
Automobile/truck rental agency	X	X	X	X	X	X	X	CU	CU	CU
Automobile service and minor repair	X	X	X	X	X	X	X	CU - 1151.37	CU - 1151.37	CU - 1151.37
Banquet, exhibition, meeting hall, public and private, catering service	X	X	X	X	P	P	P	P	P	P
Bar or drinking place	X	X	X	X	X	P	CU	P	P	P
Big Box Retail - 1151.35	X	X	X	X	X	X	X	CU	CU	CU
Bingo, non-profit (accessory to church)	X	X	X	X	AP	AP	AP	AP	AP	X
Blood Plasma Center - 1121.05	X	X	X	X	X	X	X	X	X	X

	R1	R2	R3	RMX	O	CBD	NBD	GBD	M1	M2
Bottling of soft drinks, juice, milk	X	X	X	X	X	X	X	CU	CU	CU
Business services	X	X	X	X	P	P	P	P	P	P
Car wash (class C Retail)	X	X	X	X	X	X	X	X	X	X
Cemetery	CU	X	X	X	X	X	X	X	X	X
Child Day Care Type B home	P	P	P	P	P	P	P	P	P	P
Child day-care center, day nursery	X	CU	P	CU	P	P	P	P	P	P
Child day-care facility	X	X	X	X	P	P	P	P	P	P
Church, Place of Worship	CU	CU	CU	CU	P	P	P	P	P	P
Civic Center, Stadium	X	X	X	X	X	CU	X	CU	CU	CU
Clinic (Outpatient surgery)	X	X	CU - 1135.04	X	P	P	P	P	P	P
College, University, Seminary	X	X	X	X	P	P	P	P	P	P
Commercial amusement	X	X	X	X	X	P	P	P	P	P
Compounding, processing, packaging of bakery goods, candy, related products	X	X	X	X	X	X	X	P	P	P
Computer and data processing center	X	X	X	X	P	P	X	P	P	P
Construction and mechanical services	X	X	X	X	X	X	X	CU	CU	CU
Contractor or tradesman’s shop (limited)	X	X	X	X	X	X	X	CU	CU	CU
Day Lablor Business - 1121.05	X	X	X	X	X	X	X	X	X	X
Drive-Through only businesses	X	X	X	X	X	X	X	X	X	X

	R1	R2	R3	RMX	O	CBD	NBD	GBD	M1	M2
Dry cleaning, laundromat (Class B)	X	X	X	X	X	X	X	CU	CU	CU
Elementary School, public or private	P	P	P	P	X	X	X	X	X	X
Employment Agency (Def. of Retail Services)	X	X	X	X	P	P	P	P	P	P
Flea Market - 1121.05	X	X	X	X	X	X	X	X	X	X
Fuel/Recharging Station	X	X	X	X	X	X	X	CU - 1151.36	CU - 1151.36	CU - 1151.36
Funeral Home	X	X	X	X	P	X	P	P	P	P
Garage, public parking	X	X	X	X	CU	CU	CU	CU	CU	CU
Green Roof	X	X	X	X	AP	AP	AP	AP	AP	AP
Health club, spa	X	X	X	X	X	P	P	P	P	P
Heavy Manufacturing (various uses) subject to S. 1147.02	X	X	X	X	X	X	X	X	X	P
Hospital	X	X	CU - 1135.04	X	P	X	P	P	P	P
Lodging, Hotel, Motel	X	X	X	X	P	P	X	P	P	P
Internet Sweepstakes café - 1121.05	X	X	X	X	X	X	X	X	X	X
Junk yard, Motor vehicle wrecking - 1121.05	X	X	X	X	X	X	X	X	X	X
Kennel, Pet Day Care	X	X	X	X	X	X	X	CU	CU	X

	R1	R2	R3	RMX	O	CBD	NBD	GBD	M1	M2
Maintenance and storage facilities (enclosed)	X	X	X	X	X	X	X	X	P	P
Manufacturing, Dental, medical, optical	X	X	X	X	X	X	X	X	P	P
Manufacturing, light sheet metal, heating & ventilation equipment	X	X	X	X	X	X	X	X	P	P
Manufacturing of ceramics, pottery, figurines	X	X	X	X	X	X	X	X	P	P
Manufacturing signs	X	X	X	X	X	X	X	X	P	P
Manufacturing, heavy - not listed	X	X	X	X	X	X	X	X	X	CU
Manufacturing, Light - not listed	X	X	X	X	X	X	X	X	CU	P
Manufacturing, Medium	X	X	X	X	X	X	X	X	CU	CU
Microbrewery/micro-distillery	X	X	X	X	X	X	X	CU	CU	X
Motel, lodging	X	X	P	X	P	P	X	P	P	X
New vehicle sales	X	X	X	X	X	X	X	X	X	X
Nonprofit private club and recreational club, fraternal lodge, swimming, union hall, etc.	X	X	CU	X	X	X	X	X	X	X
Non-therapeutic massage parlor - 1121.05	X	X	X	X	X	X	X	X	X	X
Nursing (“Home”), Sanatorium	X	X	P	X	X	X	X	X	X	X
Office	CU - 1151.41	CU - 1151.41	CU - 1151.41	CU - 1151.41	P	P	P	P	P	P

	R1	R2	R3	RMX	O	CBD	NBD	GBD	M1	M2
Open -Air craft/Farmers Market	X	X	X	X	X	P	X	X	X	X
Outdoor dining, accessory to restaurant - 1151.28	X	X	X	X	AP	AP	AP	AP	AP	AP
Outdoor sales of vegetables, floral, produce	X	X	X	X	AP	AP	AP	AP	AP	AP
Parking Garages - Public	X	X	X	X	CU - 1151.32	CU - 1151.32	CU - 1151.32	CU - 1151.32	CU - 1151.32	CU - 1151.32
Pawn shop - 1121.05	X	X	X	X	X	X	X	X	X	X
Personal services, barber, equipment, shoe repair, service, etc.	CU - 1151.41	CU - 1151.41	CU - 1151.41	CU - 1151.41	P	P	P	P	P	P
Printing, publishing, book binding	X	X	X	X	X	X	X	X	P	P
Processing of dairy products, ice cream	X	X	X	X	X	X	X	CU	CU	CU
Professional Office	CU - 1151.41	CU - 1151.41	CU - 1151.41	CU - 1151.41	P	P	P	P	P	P
Public or private elementary school	P	P	P	P	X	X	X	X	X	X
Public transportation center	X	X	X	X	X	P	X	P	P	P
Public Uses (Inc. school), Public Service Facility	CU	CU	CU	CU	P	P	P	P	P	P
Public, Noncommercial recreation facility, open space, park	P	P	P	P	P	P	P	P	P	P
Research & Development Facility	X	X	X	X	P	CU	P	P	P	P
Restaurant, Drive-through - 1151.33	X	X	X	X	X	X	X	P	P	P
Restaurant, general	X	X	X	X	P	P	P	P	P	P

	R1	R2	R3	RMX	O	CBD	NBD	GBD	M1	M2
Retail services, bank, offices	CU - 1151.41	CU - 1151.41	CU - 1151.41	CU - 1151.41	P	P	P	P	P	P
Retail, Class A	X	X	X	X	P	P	P	P	P	P
Retail, Class B	X	X	X	X	X	X	X	CU	CU	CU
Retail, Class C- 1121.05	X	X	X	X	X	X	X	X	X	X
School for trade, business, cultural or arts	X	X	X	X	P	P	P	P	P	P
Sexually oriented business, Escort Services - 1121.05	X	X	X	X	X	X	X	X	X	X
Short term loan estab. (Class C) - 1121.05	X	X	X	X	X	X	X	X	X	X
Special Events Center	X	X	X	X	X	P	X	X	X	X
Telephone exchange, radio, TV studio	X	X	X	X	P	P	X	P	P	P
Theater	X	X	X	X	X	CU	X	CU	CU	CU
Truck or motor freight terminal	X	X	X	X	X	X	X	X	P	P
Used motor vehicle sale (Class C)	X	X	X	X	X	X	X	X	X	X
Veterinary Clinic	X	X	X	X	P	P	CU	P	P	P
Warehousing, dsitribution (completely enclosed)	X	X	X	X	X	X	X	X	P	P
Wholesale Business (Completely enclosed)	X	X	X	X	X	X	X	X	P	P

(Ord. 50-2022. Passed 11-8-22.)

1153.01 COMPLIANCE WITH REQUIREMENTS.

No building or structure shall be erected, substantially enlarged, or have its use changed unless permanent off-street parking and loading spaces have been provided and are maintained in accordance with the provisions of this Zoning Code.

(Ord. 30-1985. Passed 6-25-85.)

1153.02 EXISTING FACILITIES.

The provisions of this chapter, except as otherwise provided shall not apply to any building or structure existing prior to the effective date of this section.

(Ord. 30-1985. Passed 6-25-85.)

1153.03 CHANGE IN USE.

Whenever a building or structure existing prior to the effective date of this section is changed in use, if the new use does not require more parking and loading spaces than the pre-existing use, new parking and loading spaces need not be provided. However, if the new use requires more parking space than required for the old use, parking shall be provided for the amount of the increase.

(Ord. 30-1985. Passed 6-25-85.)

1153.04 ENLARGEMENTS.

Whenever a building or structure is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise expanded, additional parking and loading spaces shall be provided on the basis of the enlargement or change; provided, however, that in case such a change creates a need for an increase in off-street parking spaces of less than five percent (5%), no additional parking and loading facilities shall be required.

(Ord. 30-1985. Passed 6-25-85. )

1153.05 CHANGE IN USE AND ENLARGEMENTS.

Whenever a change of use also involves new additions or enlargements, there shall be as many parking and loading spaces provided as required by this Zoning Code based on the additions or enlargements.

(Ord. 30-1985. Passed 6-25-85.)

1153.06 PARKING SPACE DIMENSIONS.

A parking space shall have minimum rectangular dimensions of not less than nine feet in width and nineteen feet in length except for parallel parking which shall have nine feet in width and twenty-three feet in length. All dimensions shall be exclusive of driveways, aisles and other circulation areas. The number of required off-street parking spaces is established in Table 2 of this chapter.

(Ord. 30-1985. Passed 6-25-85.)

1153.07 LOADING SPACE DIMENSIONS.

A loading space shall have minimum dimensions of not less than twelve feet in width, thirty-three feet in length, exclusive of driveways, aisles and other circulation areas, and a height of clearance of not less than fifteen feet.

(Ord. 30-1985. Passed 6-25-85.)

1153.08 DRIVEWAY AISLE DIMENSIONS.

Driveway aisles serving individual parking spaces shall be not less than twenty-two feet wide for ninety degree parking, ten feet wide for parallel parking, seventeen feet wide for sixty degree parking and twelve feet wide for forty-five degree parking.

(Ord. 30-1985. Passed 6-25-85.)

1153.09 ACCESS REQUIREMENTS.

Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or into a public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible to any pedestrian or motorist approaching the access or driveway from a public or a private street.

The entrances and exits to the parking area shall be clearly marked.

(Ord. 30-1985. Passed 6-25-85.)

1153.10 EXCEPTIONS.

For any parking area for five or less cars, the Chief Building Official or authorized staff delegate may allow an exception to any access requirement providing reasonable safety precautions are maintained.

(Ord. 30-1985. Passed 6-25-85; Ord. 50-2022. Passed 11-8-22.)

1153.11 ACCESS DRIVEWAY DIMENSIONS.

There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut a public or private alley or easement of access there shall be provided an access drive not less than seven feet in width for a one-family or two-family dwelling and not less than nine feet in width for all other uses, and not more than thirty feet in width in any case, leading to the parking or loading spaces required.

(Ord. 30-1985. Passed 6-25-85.)

1153.12 PAVING.

All parking and loading spaces together with driveway, aisles and other circulation areas, shall be surfaced with bituminous, concrete or equivalent pavement material to provide a durable surface.

(Ord. 30-1985. Passed 6-25-85.)

1153.13 DRAINAGE.

All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. For any off-street parking area for more than five vehicles, plans and specifications with hydraulic analysis prepared in accordance with the current edition of the Hamilton County Storm Water Regulations for drainage shall be submitted to the Chief Building Official or authorized staff delegate for review and approval by the City Engineer prior to the commencement of construction.

(Ord. 8-2013. Passed 2-26-13; Ord. 50-2022. Passed 11-8-22.)

1153.14 LIGHTING.

(a) Any parking area which is intended to be used during non-daylight hours shall be illuminated to avoid accidents.

(b) Any lights used to illuminate a parking lot shall be located, screened, shielded, and designed to minimize spill over to other properties and so that adjacent uses are not directly illuminated, especially in cases where non-residential uses are in close proximity to residential uses. Area lighting fixtures must direct light down and be full cut-off fixtures.

(d) Electrical service to outdoor lighting fixtures shall be underground.

(e) Parking lot light pole/fixture shall not exceed eighteen (18) feet.

(Ord. 8-2013. Passed 2-26-13.)

1153.15 STRIPING.

All parking areas with a capacity over twelve vehicles shall be striped between stalls to facilitate the movement into and out of the parking stalls.

(Ord. 30-1985. Passed 6-25-85.)

1153.16 WHEEL BLOCKS.

Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.

(Ord. 30-1985. Passed 6-25-85.)

1153.17 SCREENING AND/OR LANDSCAPING.

(a) Parking areas for five (5) or more vehicles shall be screened from all adjacent public rights-of-way by the following:

(1) A four-foot high solid masonry or stone wall; or

(2) A four-foot high decorative metal tube or solid metal bar fence with a minimum three foot wide landscaped area along the parking area side of the fence. The landscaped area shall be planted with six evergreen shrubs and one deciduous shade tree per thirty linear feet. Trees and shrubs shall be maintained in good condition, dead material shall be replaced.

(b) A parking area for five (5) or more vehicles which is located in, or adjacent to a residential district, or which is adjacent to a church, school, hospital or other institution located on an adjoining lot shall be effectively screened on all sides which adjoin or face any property used for these purposes, by an acceptably designed wall, fence or planting screen. Such fence or wall shall be not less than four feet nor more than six (6) feet in height and shall be maintained in good condition. The space between such fence, wall or planting screen, and the lot line of the adjoining premises in any residential district shall be landscaped with grass, one shrub/tree with a minimum height of four feet planted every four linear feet and one deciduous shade tree planted every thirty linear feet and maintained in good condition. In the event that terrain or other natural features are such that the erection of such fence, wall or planting screen will not serve the intended purpose, then the Chief Building Official or authorized staff delegate may allow an exception, so that no such fence, wall or planting screen and landscaping shall be required.

(d) Parking areas containing more than fifteen (15) parking spaces shall comply with the following requirements:

(1) Islands shall be located at the end of each parking row and no more than fifteen spaces shall be located in a continuous row without being interrupted by a landscaped island.

(2) Landscape islands shall have a minimum width of nine (9) feet at the narrowest dimension and a minimum size of one hundred and thirty-five (135) square feet for single loaded parking rows, and a minimum size of two hundred and seventy (270) square feet for double loaded rows.

(3) Landscaped medians with a minimum width of ten (10) feet shall be located to separate every four (4) parallel rows of cars and shall run the full length of the parking row.

(4) The landscaped island should be designed to maximum extent feasible to accommodate stormwater runoff. The use of porous pavement and/or specially designed brick or block is encouraged to increase the on site water detention for plant material and ground water supplies and to reduce the problems associated with runoff.

(5) Each individual landscaped island shall include a minimum of one (1) deciduous tree and two (2) shrubs and two trees (2) and four (4) shrubs per fifteen (15) parking spaces or fraction thereof. The area not covered by the canopy of the tree shall be covered with shrubs grass, ground cover, or mulch

(6) The trees and shrubs shall be distributed throughout the parking lot islands to decrease the appearance of a single expanse of pavement and to create a canopy effect. The trees shall be of a variety to provide the shade canopy and have an unobstructed cross visibility between two and six (6) feet. The use of native and drought resistant plantings is encouraged.

(e) An irrigation system shall be provided for all landscaping required for parking areas and buffers. An irrigation system is not required if there is an operable outdoor water spigot within one hundred (100) feet from the furthest extent of the landscaping areas. In addition the use of approved drought resistant plantings within the landscaped area shall also be exempt from the irrigation requirement.

(Ord. 8-2013. Passed 2-26-13; Ord. 50-2022. Passed 11-8-22.)

1153.18 MAINTENANCE.

The owner of property used for parking or loading shall maintain such area in good condition without holes and free of all trash and other debris.

(Ord. 30-1985. Passed 6-25-85.)

1153.19 LOCATION OF PARKING AND LOADING SPACES.

The following regulations shall govern the location of off street parking and loading spaces and areas:

(a) Parking spaces for all residential uses shall be located on the same lot as the use which they are intended to serve.

(b) Parking spaces for all other uses shall be within four hundred (400) feet of the building they are intended to serve, measured between the nearest point of the off street parking facilities and the nearest point of the building.

(d) Except as permitted by Section 1153.20(d), parking, circulation aisles, and loading spaces shall not be permitted between the principal building and the street right-of-way line within the front yard setback. All parking and loading shall be located behind the principal building and may occupy all or any part of the required side or rear yard.

(e) Except as modified in subsection (f) herein, where access to the rear of the building is not possible, up to fifty (50) percent of the parking area may be located at the side of the principal building and shall be set back five (5) feet from the public right-of-way.

(f) Buildings located at a street intersection shall not have parking, loading, or service areas within forty (40) feet of the intersection.

(g) For double frontage lots where a lot extends through the block from street to street, the frontage along Montgomery Road and Sherman Avenue shall constitute the front of the principal building and no parking shall be permitted.

(h) Internal parking shall be permitted behind occupied uses fronting onto the street.

(Ord. 8-2013. Passed 2-26-13.)

1153.20 MINIMUM DISTANCE AND SETBACKS.

(a) In any nonresidential district, off street parking spaces may occupy all or any part of any required side or rear yard.

(b) Parking shall be setback from the property line as follows:

(1) The minimum front setback shall be thirty (30) feet for nonresidential uses. Where parking is provided under 1153.19(e), the minimum front setback shall be five (5) feet.

(2) The minimum rear setback shall be ten (10) feet.

(3) The minimum side setback shall be five (5) feet.

(d) In an R district parking in the front yard setback shall be permitted on a driveway no greater than twenty (20) feet in width and occupying no more than twenty-five percent of the front yard setback.

(e) In no case shall any part of a parking area be closer than five (5) feet to any established street or alley right-of-way.

(Ord. 8-2013. Passed 2-26-13.)

1153.21 JOINT USE.

Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement approved by the Chief Building Official or authorized staff delegate shall be filed with the application for a zoning permit.

(Ord. 30-1985. Passed 6-25-85: Ord. 50-2022. Passed 11-8-22.)

1153.22 USE OF CONTIGUOUS PROPERTY TO SATISFY REQUIREMENTS.

Where by reason of the operation of this Zoning Code, off-street parking is required of any use in a residential zone and there is insufficient area in such residential zone to meet the requirements of this Zoning Code in such zone, and property under the same ownership contiguous thereto is available for off-street parking, whether or not such area is in the same residential zone, such contiguous property may be used for off-street parking in order to meet the requirements of this Zoning Code. (Ord. 30-1985. Passed 6-25-85.)

1153.23 LEASE OR EASEMENT REQUIREMENTS.

The off-street parking, aisles or access driveway facilities required by this Zoning Code may be provided by premises which are either under the same owners as the building or other structure for which the off-street parking, aisles or access driveway facilities are provided, or by the premises under other ownership, provided that if the premises are under such other ownership, such provision of off-street parking, aisles, access driveway facilities shall be evidenced by written contract or by a lease or easement recorded by the County Recorder.

(Ord. 30-1985. Passed 6-25-85.)

1153.24 WRITTEN COVENANT REQUIRED.

When off-street facilities are provided on a lot or part thereof, other than the lot upon which the building or use requiring such facilities is located, the owner shall execute, on behalf of himself, his successors and assigns in the ownership of such lot or part thereof, a written instrument in a form acceptable to the City Law Director, covenanting that, in consideration of the issuance of a building permit for the principal use, the lot or part thereof on which the parking facility is located will be used and maintained solely for off-street parking purposes accessory to such principal use so long as such principal use continues to exist.

(Ord. 30-1985. Passed 6-25-85.)

1153.25 GENERAL INTERPRETATIONS.

In the interpretation of this chapter, the following rules shall govern:

(a) Parking and loading spaces for other permitted or conditional uses not listed in this chapter shall be determined by the Chief Building Official or authorized staff delegate, who shall make that determination based upon the intent of the standards contained in Tables 2 and 3. His decision may be appealed to the Board of Zoning Appeals, who shall make their determination on the same basis.

(b) Where there is an adequate public transit system or where for any other reason parking demand is unusually low, then the parking space provisions cited above may be reduced proportionately by the Board of Zoning Appeals upon an appeal from the decision of the Chief Building Official or authorized staff delegate.

(c) Where for any reason, loading demand is unusually low, then the loading space provisions cited above may be reduced proportionately by the Board of Zoning Appeals upon an appeal from the decision of the Chief Building Official or authorized staff delegate.

(d) Fractional numbers up to and including one-half shall be disregarded and fractions over one-half shall be increased to the next whole number.

(e) In calculating the parking requirements for stadium sports arena, churches, and other places of assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each eighteen inches of such seating facilities shall be counted as one seat.

(f) The parking requirement shall be reduced by the amount of on street parking provided. The amount of on street parking shall be determined by dividing the liner frontage of the building lot by 20.

(g) Where the amount of parking is based on the square footage of the use: the square footage shall be the net square footage excluding, but not limited to the following: storage, bathrooms, staircases, uninhabitable basements, elevators, and mechanical rooms. (Ord. 39-2011. Passed 9-27-11; Ord. 50-2022. Passed 11-8-22.)

1153.26 PARKING SPACE REQUIREMENTS.

Except as otherwise listed in Table 2, there shall be no required minimum number of parking spaces.

TABLE 2

TYPE OF USE	PARKING SPACES REQUIRED
Residential
(1) Two-family, or multi-family	One for each unit.
(2) Boarding and lodging houses, dormitories and fraternity and sorority houses which have sleeping rooms	One for each sleeping room or one for each permanent occupant.
(3) Homes for the elderly, independent living homes or similar houses for persons sixty (60) years old or older	One each unit up to four, one half for each additional unit, plus one for each employee.
(4) Hotels, motels	One for each sleeping rooms plus one space for each two employees.
(5) Bowling alleys	One for each alley or lane plus one additional space for each 100 square feet of the area used for restaurant, cocktail lounge or similar use.
(6) Dance floors, skating rinks, exhibition halls, assembly halls without fixed seats.	One for each 100 square feet of floor area used for the activity.
(7) Outdoor swimming pool, public or community or club	One for every 1,000 square feet of area used for the purpose of the swimming pool.
(8) Auditoriums, sport arenas, theaters and similar uses	One for each four seats.
(9) Churches and other places of religious assembly	One for each four seats, but not not less than eight for the buildings.
(10) Hospitals	One for each bed, plus one for each two persons calculated on the maximum shift.
(11) Sanatoriums, children's homes, asylums and similar uses	One for each four beds, plus one for each two persons on the maximum shift.
(12) Community centers, and Museums	One for each 300 square feet of floor area.
Schools (Public, parochial or private)
(1) Elementary and junior high schools	One for each teacher and employee, plus four for visitors.
(2) High schools	One for every twelve students and one for each teacher and employee.
(3) Business, technical and trade schools	One for each two students and one for each teacher and employee.
(4) Colleges, universities	One for each four students and one for each teacher and employee.
(5) Kindergartens, child care centers, nursery schools, and similar uses	One for each teacher and employee.
Manufacturing
(1) Manufacturing plants	One for every three employees on the maximum working shift, or 1,200 square feet of floor area, whichever is greater, plus one for each motor vehicle used in the business.
(2) Wholesale establishments or warehouses	One for each three employees on the maximum shift or for each 3,000 square feet of floor area, whichever is greater plus one for each vehicle used in the business.
(3) Cartage, express, parcel delivery and freight terminals	One for every three employees on the maximum shift or for 3,000 square feet of floor area, whichever is greater, plus one for each motor vehicle used in the premises.

(Ord. 8-2013. Passed 2-26-13.)

1153.27 LOADING SPACE REQUIREMENTS.

For the purpose of this Zoning Code, the loading requirements of Table 3 hereof, shall apply.

(Ord. 30-1985. Passed 6-25-85.)

TABLE 3

TYPE OF USE	LOADING SPACES REQUIRED
Residential
(1) Single, two-family	0
(2) Multi-family
(a) Under fifty units	0
(b) Fifty to 100 units	1
(c) Over 100 units	Two plus one for every additional seventy-five units.
Commercial
(1) Retail and other sales uses, banks, financial institutions, offices, public or professional administration buildings or any other commercial occupancy requiring delivery of goods.
(a) First 5,000 square feet	1
(b) 5,000 to 20,000 square feet	2
(c) Over 20,000 square feet	Two plus one additional space for each 20,000 square feet or fraction thereof.
Recreational or Entertainment
(1) All uses	Same as commercial.
Institutional
(1) All uses
(a) First 75,000 square feet	One for each 25,000 square feet or fraction thereof up to 75,000 square feet.
(b) Over 75,000 square feet	Three plus one for each additional 50,000 square feet or fraction thereof over 75,000 square feet.
Schools
(1) All uses	Same as institutional.
Manufacturing
(1) All uses.
(a) First 5,000 square feet	1
(b) 5,000 to 25,000 square feet	2
(c) 25,000 to 100,000 square feet	Two plus one additional space for each 25,000 square feet or fraction thereof.
(d) Over 100,000 square feet	Five plus one additional space for each 20,000 square feet or fraction thereof.

(Ord. 30-1985. Passed 6-25-85.)

1155.01 INTENT AND OBJECTIVES.

It is the intent of this chapter to accommodate creative and imaginative Planned Unit

Developments and to permit those innovations in land development which are in the best interest of the City. In order to accomplish this intent, it is the purpose of this chapter:

(a) To permit, in a Planned Unit Development, a variety of architectural designs, structural techniques and types of structures in a maximum density permitted within the district in which the Planned Unit Development is proposed except as provided in Section 1155.05.

(b) To permit the flexible spacing of lots and buildings in order to encourage separation of pedestrian and vehicular circulation, the conservation of natural amenities of the landscape, the provision of readily accessible open space, the creation of functional and interesting residential areas and the provision of a necessary complement of community facilities;

(c) To permit, with the approval of the Planning Commission and Council, commercial uses in residential Planned Unit Developments, even if the underlying zone is residential only where such uses are intended to benefit primarily the residents of the Planned Unit Development or where the Planned Unit Development is larger than two acres in size; and

(d) To permit mixed uses (residential/commercial, commercial/industrial, etc.) where the Planned Unit Development includes more than one underlying zone.

(Ord. 9-2003. Passed 2-25-03.)

1155.02 ESTABLISHMENT OF PLANNED UNIT DEVELOPMENT.

Planned Unit Developments may be established either by a determination of the Planning Commission and Council that a particular piece of property shall be developed under this chapter, or by approval of an application from a property owner. Planned Unit Developments shall be defined as Major or Minor according to the standards in this section. Section 1155.03 to 1155.16 and 1155.22 to 1155.27 regulate how Major Planned Unit Developments are to be reviewed; Section 1155.17 to 1155.27 regulate how Minor Planned Unit Developments are to be reviewed.

(a) A Planned Unit Development shall be considered Major if it is more than 2.5 acres in area or where the Planned Unit Development application includes any of the following: new building(s) covering more than 15% of the existing site area; demolition of a main structure; significant changes to existing buildings, landscaping, or other site elements.

(b) A Planned Unit Development shall be considered Minor if it is 2.5 acres or less in area and if the Planned Unit Development application consists only of a change of use of the existing building(s), and/or cosmetic or limited changes to existing building(s), landscaping, or other site elements, and/or new building covering less than 15% of the existing site area.

(Ord. 9-2003. Passed 2-25-03.)

1155.03 MAJOR PLANNED UNIT DEVELOPMENTS.

1155.04 USE REGULATIONS.

Council may permit the following uses in a Major Planned Unit Development:

(a) Any use permitted in the Zoning Code for the particular property which is the subject of the Planned Unit Development application. A Planned Unit Development which includes more than a single zoning district within its boundaries may be approved as a mixed use Planned Unit Development where the Planning Commission and Council determine that the mix is compatible with the surrounding uses. Any use may be permitted by the Planning Commission and Council except those uses first permitted in the M-1 and M-2 Districts, provided however that in a Planned Unit Development where the underlying zoning is M-1 or M-2, M-1 and M-2 uses are permitted.

(b) In residential Planned Unit Developments, accessory services or associated uses such as private garages, storage spaces, community facilities and schools to service the occupants of the Planned Unit Development may also be permitted as appropriate and clearly incidental to the uses permitted on the same premises, or such other uses as approved by the Planning Commission and Council and designed to serve primarily the occupants of the Planned Unit Development.

(c) Open space which may include land, water or a combination of both, and along with the natural environmental features, swimming pools, tennis courts, other recreational facilities and complementary structures and improvements deemed permissible by the Planning Commission and Council. These facilities are to be used mainly by the occupants of the development in which the facilities are located and their guests. Streets, parking lots, structures for habitation or storage and the like shall not be included as part of the required open space and recreational facilities.
(Ord. 9-2003. Passed 2-25-03.)

1155.05 AREA, DENSITY AND LOT REGULATIONS.

(a) Area for Development. There shall be no minimum area for a Planned Unit Development. All land within the development shall be contiguous in that it shall not be divided into segments by any limited access highway or any tract of land (other than streets or rights of way for pipelines or electric transmission lines) not owned by the developer of the Planned Unit Development.

(b) Maximum Density. A Planned Unit Development shall not exceed the densities prescribed for the district in which it is located except that in residential Planned Unit Developments consisting of two or more acres the density may be increased twenty percent (20%) above that permitted by the zoning. Permitted density shall be determined by the average number of units per acre, as determined by the minimum lot sizes in the respective districts.

(1) Yard setback, height controls, type of dwelling unit, frontage, use and parking restrictions contained in other chapters of this Zoning Code are hereby waived for Planned Unit Developments, provided that the intent and objectives of this chapter are implemented in the total development plan, as determined by the Planning Commission and Council. Building separation shall be maintained in accordance with the requirements of the Fire Code and other safety codes of the City and the State.

(2) Every building shall have access to a public street, internal walkway, internal street or other area dedicated to common use.

(d) Perimeter Requirements. If topographical or other barriers within the development

do not provide reasonable privacy for the existing uses adjacent to the development, the Planning

Commission and Council shall impose either of the following requirements, or both:

(1) Structures located on the perimeter of the development shall be set back in accordance with the provisions of the Zoning Code controlling the area within which the development is situated; and

(2) Structures located on the perimeter shall be well screened in a manner approved by the Planning Commission and Council.

(Ord. 9-2003. Passed 2-25-03.)

1155.06 STREETS.

(a) Interior public streets shall be paved according to the City's street design standards. Interior private streets shall be properly lighted and maintained. The minimum paved roadway for private streets in a residential Planned Unit Development shall be as follows: two-way road without parking, twenty-four feet; two-way road with parking on one side where approved, thirty feet; one-way road with parking on one side where approved, twenty feet; and one-way road without parking, eighteen feet. Parking along access roads shall be subject to the approval of Council and the Service Director. In business or industrial Planned Unit Developments, the above minimum right of-way widths shall be increased in accordance with the requirements of Council.

(b) Collector streets and major thoroughfares shall be designated as such by the developer upon submission of the general plans as provided for hereafter. Such designations shall be subject to modification by the Planning Commission and Council so that an efficient circulation system is established in relation to other existing or planned streets in the area.

(c) Off-street parking shall be provided outside the public or private right of way sufficient to accommodate the normal uses of any structure consistent with the requirements of Chapter 1153, and those persons who live or are employed on the premises as well as their social or business invitees. Screening of parking or service areas may be required through the use of such devices as are determined by the Planning Commission and Council. All parking spaces and service drives shall be improved with bituminous, concrete or equivalent pavement materials and so graded and drained as to control the release of all surface water accumulation within the area.

(Ord. 9-2003. Passed 2-25-03.)

1155.07 SIGNAGE.

Signage for commercial uses within Major Planned Unit Developments shall be considered according to subsections (a) to (c), inclusive. These sign area limitations supercede and replace Chapter 1321 of the Norwood Zoning Code for Major Planned Unit Developments only.

(a) Total signage area for the Planned Unit Development shall be the sum of allowable signage area calculated from the base rate of two square feet of sign area per linear foot of building frontage.

(b) Surface signs are recommended. Other sign types are permitted as follows, with reductions in sign area.

(1) The sign area for ground [monument] signs shall be reduced by one-third of the standard allowable area.

(2) The sign area for pole signs with a total height of 15 feet or less shall be reduced by one-half of the standard allowable area. Sign area for pole signs with a total height over 15 feet shall be further reduced by one-quarter for each additional 3 feet height.

(3) Sign area for all other non-surface signs shall be reduced by one-half.

(c) Bonuses in signage area are calculated from the base size set by the reductions taken in (b) and are permitted as follows, up to an overall maximum of three square feet of sign area per linear foot of building frontage:

(1) Use of natural materials or sandblasted resin for the sign face shall be permitted a bonus of one-quarter additional signage area.

(2) Use of uniform font face and size shall be permitted a bonus of one-quarter additional signage area.

(3) Use of three or fewer colors (black and white included in the three) shall be permitted a bonus of one-quarter additional signage area.

(4) Signs which are not lit shall be permitted a bonus of one-third additional signage area.

(5) Ground or pole signs which are placed more than 5 feet off the property line shall be permitted a bonus of one-eighth additional area for each additional 4 feet of setback.

(Ord. 9-2003. Passed 2-25-03.)

1155.08 COMMON OPEN SPACE.

(a) Amount and Character. With respect to residential Planned Unit Developments, at least twenty-five percent (25%) of the total land of the proposed development permitted by this section shall be dedicated to public or private open space (or a combination of public and private open space) or recreational facilities exclusive of dwellings, streets, parking areas and single- family residential lots. With respect to nonresidential Planned Unit Developments, the amount of open space that is required shall be determined by the Planning Commission and Council and shall be a function of the nature of the development and the avoidance of adverse impacts or blighting influences upon neighboring uses. Such open space shall be clearly shown on the Preliminary and Final Plans, and shall be physically situated so as to be readily accessible, available to and useful to all occupants of the Planned Unit Development.

(b) Conveyance and Maintenance of Common Open Space. All common open space shown on the Prelininary and Final Plans and recorded with the County Recorder shall be conveyed in accordance with one of the following methods:

(1) By dedication to the City as publicly owned and maintained open space. All common open space for dedication to the City shall be acceptable to the Planning Commission and Council with regard to size, shape, location and improvement. In addition, the developer shall show that the dedication of such areas will be for the benefit of the general public of the City.

(2) By leasing or conveying title (including beneficial ownership) to a corporation, occupants' association, trust or other legal entity. In the terms of such lease or other instrument of conveyance, provisions shall be included which are suitable to the Planning Commission and Council for guaranteeing: the continued use of such land for intended purposes; continuity of property maintenance; when appropriate, the availability of funds required for such maintenance; adequate insurance protection; and recovery for loss sustained by casualty, condemnation or otherwise.

In any event, the developer shall file with the County Recorder at the time the approved final development plan is filed, legal documents which shall produce the aforesaid guarantees and, in particular, shall provide a method for restricting use of common open space for designated purposes.

(Ord. 9-2003. Passed 2-25-03.)

1155.09 PEDESTRIAN CIRCULATION.

The pedestrian circulation system and its related walkways shall be insulated as completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement.

(Ord. 9-2003. Passed 2-25-03.)

1155.10 UTILITIES.

The Planning Commission and Council shall have the authority to require the provision of underground installation of utilities (including electricity and telephone) in both public and private ways. Utility installation and maintenance of facilities shall be in accordance with City requirements and regulations. A Planned Unit Development shall not be approved unless adequate assurance is given that adequate public or central water and sanitary sewers shall be avaiIable at the first occupancy.

(Ord. 9-2003. Passed 2-25-03.)

1155.11 PRIVACY IN RESIDENTIAL PLANNED UNIT DEVELOPMENTS.

Each residential Planned Unit Development shall provide reasonable visual and accoustical privacy so that the occupants of one unit shall not interfere with the activities of occupants of another unit. Fences, insulation, walls, barriers and landscaping shall be used as appropriate, for the protection and aesthetic enhancement of property, the privacy of its occupants, screening of objectionable views or uses and the reduction of noises.

(Ord. 9-2003. Passed 2-25-03.)

1155.12 WAIVER OF PLANNED UNIT DEVELOPMENT REQUIREMENTS.

The Planning Commission and Council shall have the authority to waive the requirements of this chapter upon request by a property owner of property in a Planned Unit Development District if the property owner desires to use the property under the underlying district regulations and if the Planning Commission and Council determines that the use proposed by the property owner meets the following standards:

(a) Shall be harmonious and in accordance with the general objectives of the City's comprehensive plan and/or the Zoning Code;

(b) Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use shall not change the essential character of the same area;

(d) Shall be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal, water and sewers, schools or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services;

(e) Shall not create additional requirements of public cost for public facilities and public services and shall not be detrimental to the economic welfare of the community;

(f) Shall not involve uses, activities, processes, material, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. (Ord. 9-2003. Passed 2-25-03.)

1155.13 PRELIMINARY PLAN SUBMISSION.

(a) At the time of application for approval of a Planned Unit Development, a Preliminary Plan for the development of the land shall be filed with the Planning Commission by the owner or owners of the land involved. The Preliminary Plan (which may be set forth on one or more maps or in one or more instruments) shall have been signed by all of the owners of the property within the project, shall have been drawn to scale, and shall have been prepared by an architect, landscape architect, civil engineer or urban or regional planner. The developer may, at his option, request Preliminary and Final Plan approval simultaneously by complying with this section and Section 1155.15 in one submission, by providing simultaneously all of the information required by both sections.

(1) All Preliminary Plans shall be presented to the Planning Commission on a form to be prescribed by the Building Commissioner.

(2) A fee as established by Council shall accompany the Preliminary Plan submission.

(b) The Preliminary Plan shall include a declaration by the developer in which there is furnished:

(1) A general statement regarding the nature, size and location of open space, and descriptive data as to the methods to be employed for guaranteeing its continuity and maintenance;

(2) The areas of each structure to be used with a designation of the purposes of each area in each structure;

(3) The total population density for residential Planned Unit Developments and/or the average daily employment and customer traffic for commercial, business or manufacturing Planned Unit Developments;

(4) Descriptive data concerning sewer, water and storm drainage facilities within the project, identifying the entity, whether public or private, to whom such facilities are to be dedicated or transferred; and

(5) General description of the availability of other community facilities such as schools, fire and police protection services and cultural facilities, if any, and how these facilities are affected by this proposal.

(c) The Preliminary Plan shall also include conceptual and schematic plans to a scale of one inch equals 100 feet, or less, incorporating the following elements:

(1) An area map showing adjacent property owners and existing land uses within 200 feet in any direction of the parcel;

(2) The boundaries of the project, including the legal description of the metes and bounds of the parcel and the size of the parcel;

(3) Existing contours at five feet intervals or less, accompanied by an outline of grading plans;

(4) The proposed street system for the project, including designation of collector thoroughfares agreeable to the Council, or where otherwise necessary for efficient vehicular circulation;

(5) Drainage control, including a plan showing provisions for control of erosion and sedimentation during and after construction; such plans shall be accompanied by documentation indicating the review and recommendation of such plan by the City Engineer;

(6) Location of all principal buildings and accessory structures accompanied by an outline explaining intended heights, coverage and treatment of yards within the project;

(7) Location, size and landscaping of proposed parking lots within the project, including size and number of parking spaces, designated handicapped spaces, and loading spaces;

(8) Pedestrian circulation features, walks and paved areas within the project;

(9) Landscaping and forestry features;

(10) Principal ties to the community at large with respect to transportation, water supply and sewage collection and treatment;

(11) General nature and location of public and private utilities and community facilities and services, including maintenance facilities within the project;

(12) Recreational and other nonbuilding areas designated within the project; and

(13) A soil interpretive map indicating degree of limitation.

(d) The Preliminary Plan shall also include common open space information including:

(l) Percentage of acreage of common open space in each part of the project;

(2) The general nature and location of common open space use; and

(3) Topographical factors affecting common open space.

(e) The Preliminary Plan shall also include a document describing the proposed phasing program of the project for all dwelling units, nondwelling structures, recreational and other common facilities, and open space improvements.

(Ord. 9-2003. Passed 2-25-03.)

1155.14 PRELIMINARY PLAN APPROVAL.

(a) The Planning Commission shall review the Preliminary Plan and make recommendations to Council with respect to the Preliminary Plan. The Planning Commission shall have thirty days from the date of the public hearing at which the Preliminary Plan is considered to approve, deny or modify the Preliminary Plan, provided that by mutual agreement between the applicant and the Planning Commission, that time limit may be extended. The recommendations of the Planning Commission shall include written findings with respect to the following:

(l) The relationship, beneficial or adverse, of the proposed Planned Unit Development to the neighborhood in which it is proposed to be established;

(2) Whether or not there are adequate services and utilities available or proposed to be made available in the construction of the project;

(3) Whether or not the proposal meets the intent and objectives for Planned Unit Developments as expressed in this chapter;

(4) Whether or not the proposal meets all the general regulations for Planned Unit Developments; and

(5) Whether the Planning Commission recommends approval, approval with modifications, or disapproval of the Planned Unit Development, with a statement of the reasons for the recommendation by the Planning Commission.

(b) Council shall consider the recommendations of the Planning Commission and shall conduct a public hearing prior to acting on the application. The public hearing and review requirements shall be the same as those required for a zoning amendment. Council shall have sixty days from the date on which it receives recommendations of the Planning Commission to consider and to approve, deny, or approve with modifications the Preliminary Plan, provided that by mutual agreement between the applicant and Council, that time limit may be extended.

(c) Within two years of approval of the Preliminary Plan by Council, the developer shall apply for and secure Final Plan approval as specified in Section 1155.15 for any specific area within the project or the overall project, or the Preliminary Plan approval shall automatically expire. No substantial change from the approved Preliminary Plan shall be made without prior approval of the Planning Commission and Council. The Planning Commission may authorize minor changes, provided that the overall density is not increased, without a new Planned Unit Development application. The Planning Commission shall notify Council in writing of the authorization of such minor changes within ten days of such authorization.

(Ord. 9-2003. Passed 2-25-03.)

1155.15 FINAL PLAN APPROVAL.

(a) Final Plan. Construction of the uses authorized by the Planning Commission's and Council's approval of the Preliminary Plan may begin only after a Final Plan has been approved by the Planning Commission and Council and a building/zoning permit has been issued for each structure in the Planned Unit Development. For approval of a Final Plan, the owner shall file a Final Plan for any specific area within the project or the overall project with the Planning Commission together with a letter of application for such approval. Such Final Plan shall show the following:

(1) The area to be developed and the area to be devoted to open spaces for the use of all occupants of the area, with accurate amounts of land involved, courses and distances to be determined by a licensed engineer or surveyor who shall sign such plan and certify to the accuracy of it. The boundaries of any area for which Final Plan approval is requested shall not be gerrymandered to comply with the density and open space acreage criteria but shall be proportioned and allocated so that the required open space is convenient to the developed property included in the area submitted for Final Plan approval.

(2) The floor plans of all buildings, with all uses detailed, the number of units for separate occupancy and, with respect to dwelling units, the number of bedrooms per unit.

(3) A title guarantee or rider to an existing policy showing the legal description of the land which has been set aside for open space and showing appropriate restrictions limiting the use of such land to open space or to recreation in perpetuity, guaranteeing owners and occupants of the area to be developed a right and easement of use in such open space.

(4) A detailed plan setting forth the manner, means and proposed time of compliance with Section 1155.05.

(5) A detailed landscaping plan for all areas.

(6) A detailed parking plan.

(7) A detailed signage plan.

(b) Conditions for Final Plan Approval. The Planning Commission shall review the Final Plan and recommend that Council approve, modify and approve, or disapprove the Final Plan. The Planning Commission shall also transmit its recommendation to Council. The Planning Commission shall have thirty days from the date on which the Final Plan is filed to consider and report upon an application for approval of a Final Plan. The time may be extended by mutual consent of the developer and the Planning Commission. Council shall consider the report from the Planning Commission and shall have sixty days from the date on which it receives the report from the Planning Commission to consider and to approve, deny or approve with modifications the Final Plan, provided that time may be extended by mutual consent of the developer and the City. Council shall approve the application if it finds that the following conditions are met:

(1) The Final Plan accurately sets forth the area to be developed, the area to be set aside as open space with appropriate boundaries established by courses and distances, the quantity of land within the area to be approved and the quantity of land to be set aside as open space for the use of all occupants of the area;

(2) The Final Plan is substantially in accordance with the Preliminary Plan which has been previously filed with the Planning Commission and approved by Council;

(3) The density of dwelling units in any area does not exceed that shown on the Preliminary Plan;

(4) In residential Planned Unit Developments, the area reserved for open space and recreation is the sum of all areas for which Final Plan approval has been given or is requested and shall never be less than twenty-five percent (25%) of the cumulative quantity of land for all areas for which Final Plan approval has been given or requested;

(5) For phased projects already underway, satisfactory progress has been made in previously approved segments with respect to the provision and improvement of indicated recreational facilities; and

(6) The Final Plan accurately sets forth a schedule demonstrating proportionate development of the open space and recreational facilities in conjunction with the total project. A performance bond may be allowed to substitute for actual construction of recreational facilities. Any such construction covered by a performance bond shall be completed within one year. The amenities included in each phase shall be, in effect, completed prior to the issuance of occupancy permits.
(Ord. 9-2003. Passed 2-25-03.)

1155.16 PHASING.

The establishment of common open spaces, the construction of public or common recreational facilities shown on the recorded Final Plan and the construction of other nonresidential structures shall proceed substantially in accordance with the phasing program referred to in Section 1155.13, Preliminary Plan submission, herein. After general construction commences, the developer shall submit progress reports every six months to the Planning Commission, which shall review all building permits issued and compare them to the overall development phasing program. If it is determined that the rate of construction of units substantially differs from the phasing program, the Planning Commission shall notify the developer in writing. Thereafter, the City can take such action as it may against any other violators of this Zoning Code.

(Ord. 9-2003. Passed 2-25-03.)

1155.17 MINOR PLANNED UNIT DEVELOPMENTS

1155.18 USE REGULATIONS.

In a minor Planned Unit Development uses may include those permitted in the underlying zoning and, with the approval of the Planning Commission, such other commercial uses which shall not be disruptive to the neighboring uses. Such uses shall be evaluated according to the Standards for Conditional Uses defined in Section 1117.28 and such additional conditions and safeguards shall be placed on such uses as provided in Section 1117.29 to ensure compatibility with neighboring uses. The following uses shall be prohibited:

(a) Industrial and similar uses first permitted in the Manufacturing Districts.

(b) Storage, warehouse, and distribution.

(d) Kennels. (Ord. 9-2003. Passed 2-25-03.)

1155.19 DEVELOPMENT PLAN REQUIRED.

For a minor Planned Unit Development, the required Development Plans shall include:

(a) A business plan describing in detail the type and nature of the business proposed, type of machinery or equipment to be located and used on site, number of employees, anticipated number of customers, number and type of business vehicles to be located on site, truck traffic associated with the proposed business, hours of operation, and such other information as the Planning Commission may request.

(b) A site plan showing the locations of all current and proposed structures or additions, location and layout of parking and walkways, storm water management and drainage plans, the location of any utility or accessory structures and screening of said structures, the locations of any structure and/or landscaping serving as buffering between the proposed use and any neighboring residential properties, and such other information as the Planning Commission may request.

(c) A streetscape plan showing the location, number, and design of streetscape elements including benches, planters, trees, lamps, etc. to be located along the street side of the site and which is to enhance the residential character and pedestrian appeal of the area.

(d) A building improvement plan detailing all proposed changes to the building exterior, which changes should maintain or restore the historic character of the building to the extent practical.

(e) A landscape plan detailing proposed landscape changes and improvements, including plant species, sizes, and quantities to be planted, and the locations of plantings including any landscaping to be used as buffering between the proposed use and any neighboring residential uses.

(f) (EDITOR’S NOTE: Former subsection (f) was deleted by Ordinance 50-2022, Section 22, passed November 8, 2022.)

(g) A lighting plan showing all exterior lighting proposed to illuminate the building(s), walkways, parking area, and signage.

(h) Other information as the Planning Commission may find necessary to evaluate the Development Plans.
(Ord. 9-2003. Passed 2-25-03.)

1155.20 DEVELOPMENT PLAN SUBMISSION.

The Development Plan for a Minor Planned Unit Development as described above shall be submitted to the Planning Commission with a cover letter from the applicant and shall be accompanied by a fee to be established by Council. The Building Commissioner shall review the Plans and provide comments to the Planning Commission prior to their review.

(Ord. 9-2003. Passed 2-25-03.)

1155.21 DEVELOPMENT PLAN APPROVAL.

Approval of Minor Planned Unit Development applications by the Planning Commission shall follow the procedures established for consideration of Conditional Uses as detailed in Sections 1117.26 to 1117.34 inclusive. Council approval shall not be required for a Minor Planned Unit Development.

(Ord. 9-2003. Passed 2-25-03.)

1155.22 RECORDING.

Upon approval of the Final Plan, the applicant shall cause the terms and conditions of the approval to be recorded in a recordable instrument, approved as to form by the City Law Director. The recordable instrument shall recite that the conditions of the Planned Unit Development are covenants that run with the land and are enforceable by the City or by neighboring property owners.

(Ord. 9-2003. Passed 2-25-03.)

1155.23 BUILDING/ZONING PERMIT.

Upon recording of the Final Plan pursuant to Section 1155.22, a building/zoning permit shall be obtained pursuant to Sections 1119.01 through 1119.04 prior to initiating construction.

(Ord. 9-2003. Passed 2-25-03.)

1155.24 PERMIT OF OCCUPANCY.

Upon completion of construction, a permit of occupancy shall be obtained pursuant to Section 1119.05 prior to occupancy. In addition to the requirements of that section, the Building Commissioner shall determine that construction occurred in compliance with the approved and recorded Final Plan.

(Ord. 9-2003. Passed 2-25-03.)

1155.25 FAILURE TO BEGIN.

(a) If no construction has begun in the Planned Unit Development within one year from the approval of the Final Plan for the overall project or any part thereof and recording of documents, approval of the Final Plan shall lapse and be of no further effect. The Planning Commission, for good cause, may extend for periods of up to one year the time for beginning construction.

(b) If an approved Final Plan shall lapse, as provided herein, a record of such lapses shall be recorded by the Planning Commission and thereafter such approval shall be considered as having been revoked.

(c) Nothing herein shall be considered as effecting such lapse and revocation if the developer commences construction. If construction commences, the Final Plan may be modified only in accordance with Section 1155.26.

(Ord. 9-2003. Passed 2-25-03.)

1155.26 REVISION OF APPROVED FINAL PLAN.

The development shall conform to the approved Final Plan. The applicant, his successors and assignees shall make no alterations, additions or deletions with respect to the Final Plan, the related documents, or to the site, except that the Planning Commission may authorize minor changes, provided that the overall density is not increased without a new Planned Unit Development application. Upon approval of a Final Plan, changes other than minor changes approved by the Planning Commission may be made only pursuant to a new submission, beginning with a Preliminary Plan, of a Planned Unit Development application which shall be processed and approved in accordance with this chapter.

(Ord. 9-2003. Passed 2-25-03.)

1155.27 VIOLATION.

(a) Whenever the Planning Commission or Council, by ordinance, shall find in the case of any approved Final Plan that any of the terms, conditions or restrictions upon which Final Plan approval, Section 1155.15 herein, was granted, are not being complied with, the Planning Commission or Council, by ordinance, may rescind and revoke such approval. Notice thereof shall be the same as that required for a zoning amendment.

(b) Violation of the Final Plan for a Planned Unit Development, as approved, shall constitute violation of the Zoning Code.

(Ord. 9-2003. Passed 2-25-03.)

1157.01 PURPOSE.

Bed and breakfast inns are unique semi-commercial operations that adapt a residential environment into a lodging concept limited in scope and operation. The regulations presented here provide a systematic set of requirements to ensure that such operations, if appropriate for a residential or commercial area, shall not adversely impact adjacent uses as a result of the commercial aspects of the structure and property. Bed and breakfast inns shall be subordinate to the principal use of a single family dwelling. The intent is not to provide an opportunity for the establishment of an intensive commercial lodging business which would be considered appropriate within an intensive commercial or planned commercial zoning district.

(Ord. 29-1993. Passed 10-12-93.)

1157.02 DEFINITION; SUBORDINATE USE REQUIREMENT.

For the purposes of this Zoning Code, a "bed and breakfast inn" means an owner occupied residential single-family, detached structure wherein lodging and breakfast only are provided to transient guests for compensation in accordance with the development standards set forth at Section 1157.04.

(Ord. 29-1993. Passed 10-12-93.)

1157.03 CONDITIONAL USE PERMIT REQUIRED.

A bed and breakfast inn is classified as a conditional use in those zoning districts where noted in this Zoning Code. The corresponding standards and requirements of Chapter 1117 thereby apply. Such conditional use permit shall be voided upon the sale or transfer of the property ownership. In submitting an application for conditional use permit, the applicant shall provide to the Board of Zoning Appeals a floor plan illustrating the proposed operation, a site plan indicating all on-site improvements, and any additional information as may be required by the Board.

(Ord. 29-1993. Passed 10-12-93.)

1157.04 DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS.

The following development standards apply to bed and breakfast inns that are conditional uses within the R-1, R-2 and R-3 districts.

(a) Guest Rooms. There shall be a maximum of three guest rooms within a single family dwelling that are utilized by bed and breakfast guests. A guest room shall contain not less than 100 square feet of living space, not including closets, for two guests and thirty square feet for each additional guest up to a total of four guests per room.

(b) Parking. One off-street parking space shall be provided for each guest room and one off-street parking space for the dwelling unit. Such off-street parking spaces may be provided in an existing driveway.

(c) Signage. One on-premises sign shall be permitted for each bed and breakfast inn not to exceed four square feet in area. The sign shall not be internally illuminated. Such signs shall be limited to three colors. The applicable standards of Chapter 1321 of the Codified Ordinances shall apply unless otherwise superseded by this section.

(d) Employees. No individuals who are nonresidents of the dwelling may be employed in the operation of a bed and breakfast inn. (Ord. 29-1993. Passed 10-12-93.)

1157.05 GENERAL DEVELOPMENT.

(a) Single Family Detached Dwelling. Bed and breakfast inns shall only be permitted with a conditional use permit in single family detached dwellings.

(b) Owner/Operator. The owner/operator of the bed and breakfast shall live full-time on the inn's premises. Such owner/operator shall be the record owner of not less than fifty percent (50%) interest of the property in question.

(c) Design Review. All new construction and exterior alterations associated with the bed and breakfast inn, including nonstructural improvements, shall be reviewed by and require the approval of the Board of Zoning Appeals prior to its consideration of the conditional use permit. All such improvements shall be completed prior to issuance of an occupancy permit.

(d) Certificate of Fire and Health Officers. Certificates from Fire and Health Departments shall be required for each conditional use permit requesting approval for a bed and breakfast inn. Each guest room shall contain a separate installed smoke detector alarm approved by the Bureau of Fire Safety. No premises shall be utilized for a bed and breakfast inn unless there are at least two separate exits to the outdoors.

(e) Meals. Only one meal shall be served to each guest of the bed and breakfast inn and that meal shall be breakfast. The sale and consumption of alcoholic beverages to paying guests is prohibited in a bed and breakfast inn.

(f) Consecutive Nights. Each paying guest may stay at a bed and breakfast inn for not more than seven consecutive nights at any single visit nor more than a total of fourteen nights in any given calendar year.

(g) Kitchen Facilities. Only one kitchen facility shall be permitted per structure for which a conditional use permit is granted to operate a bed and breakfast inn. No cooking facilities shall be permitted in individual guest quarters.

(h) Bathrooms. A minimum of one full bathroom, including shower and/or bath, toilet and sink, shall be required for every two guest rooms to be available for the exclusive use of bed and breakfast paying guests. Bed and breakfast inns shall be serviced by public sanitary sewer and water service.

(i) Guest Register. A guest register listing the name, address and phone number of all paying guests shall be maintained by the owner/manager and shall be made available for inspection by City officials.

(j) Special Gatherings. In R-1, R-2 or R-3 Districts or properties adjacent to any such residential district, rental of a bed and breakfast inn for special gatherings such as wedding receptions and parties shall be permitted only with the prior approval of the Director of Public Safety. The Director may refuse to approve such event if, in the Director's judgment, the event is detrimental to the health, safety or welfare of the community. Such events shall not exceed three per year.