Parma City Zoning Code

TITLE FIVE

Use Districts and Zone Map

CHAPTER 1161 Shopping Center Districts

EDITOR'S NOTE: Chapter 1161 was repealed in its entirety by Ordinance 51-93, passed July 19, 1993. See Chapter 1170.

CHAPTER 1162 Shopping Center Development Plans

EDITOR'S NOTE: Chapter 1162 was repealed in its entirety by Ordinance 51-93, passed July 19, 1993. See Chapter 1170.

CHAPTER 1163 Retail Business Districts

EDITOR'S NOTE: Chapter 1163 was repealed in its entirety by Ordinance 51-93, passed July 19, 1993. See Chapter 1170.

CHAPTER 1165 Office Building District

EDITOR'S NOTE: Chapter 1165 was repealed in its entirety by Ordinance 51-93, passed July 19, 1993. See Chapter 1170.

CHAPTER 1167 Commercial-Manufacturing "A" Districts

EDITOR'S NOTE: Chapter 1167 was repealed in its entirety by Ordinance 51-93, passed July 19, 1993. See Chapter 1170.

CHAPTER 1169 Commercial-Manufacturing "B" Districts

EDITOR'S NOTE: Chapter 1169 was repealed in its entirety by Ordinance 51-93, passed July 19, 1993. See Chapter 1170.

CHAPTER 1173 Industrial "B" Districts

EDITOR'S NOTE: Chapter 1173 was repealed by Ordinance 170-91, passed December 2, 1991.

1151.01 USE, HEIGHT AND AREA DISTRICTS GENERALLY.

For the purpose of this Zoning Code, the City is hereby divided into eleven classes of use districts, three classes of height districts and six classes of area districts.

(Ord. 42-55. Passed 2-21-55.)

1151.02 CLASSIFICATION OF USE DISTRICTS.

The City is hereby divided into eleven use districts which shall be known as:

Single-Family House Districts

Two-Family House Districts

Single-Family Cluster Districts

Automobile Parking Districts

Multifamily Districts

Commercial/Office Districts

Industrial Districts

Industrial Park Districts

Research Manufacturing Districts and designated on the Zone Map by symbols.

(Ord. 170-91. Passed 12-2-91; Ord. 248-91. Passed 12-16-91; Ord. 51-93. Passed 7-19-93; Ord. 137-93. Passed 7-18-94; Ord. 160-93. Passed 5-2-94; Ord. 73-97. Passed 4-7-97.)

1151.03 ZONE MAP.

The boundaries of the use districts are hereby established as shown on a map entitled "Zone Map of the City of Parma," on file with the Clerk of Council, which Zone Map is made a part of this Zoning Code and which Zone Map gives the date of adoption thereof by Council and is signed by the Clerk of Council.

(Ord. 248-91. Passed 12-16-91.)

1151.04 CONFORMITY WITH REGULATIONS REQUIRED.

Except as otherwise provided in this Zoning Code, no building or premises shall be used and no building or part thereof shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations hereby established for the district in which it is located.

(Ord. 42-55. Passed 2-21-55.)

1151.05 DISTRICT BOUNDARY LINES.

The district boundary lines of the Zone Map provided for in Section 1151.03 enclose an area of a designated district and generally follow recorded lot lines, the centerline of streets, railroad rights-of-way or their extensions, provided, however, that:

(a) Where the district boundary line is shown by dimension or relationship as being located a specific distance from and/or parallel to a street line, such distance shall control;

(b) Where a district boundary line is shown as adjoining a railroad, it shall, unless otherwise fixed, be construed to coincide with the nearest boundary line of the railroad right-of-way;

(c) Where a district boundary line divides a parcel of land, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale, and each part of such parcel shall comply with the regulations of the district in which it is located; and

(d) Where a district boundary line does not coincide with any of the aforesaid lines, and where it is not located by dimensions or fixed points shown on the Zone Map, it shall be determined by the scale appearing thereon. In cases of other uncertainties, the Planning Commission, with Council approval, shall determine the exact location.

(Ord. 248-91. Passed 12-16-91.)

1153.01 PURPOSES.

The Single-Family House District and its regulations are established in order to achieve, among others, the following purposes:

(a) To provide for exclusive single-family residential uses where they are compatible with existing residential development within the City;

(b) To protect the desirable characteristics of both existing and planned single-family residential development, and to maintain stability;

(c) To provide protection to single-family residential uses from noxious fumes, odors, dust, excessive noise, the invasion of abnormal vehicular traffic and other objectionable influences by restricting the type of residential uses and by prohibiting nonresidential development within the boundaries of Single-Family House Districts; and

(d) To promote the most desirable and beneficial use of the land based in accordance with plans recommended or duly approved by the City.

(Ord. 35-92. Passed 7-20-92.)

1153.02 PRINCIPAL USES AND BUILDINGS.

Within any Single-Family House District, no building or premises shall be erected, used, arranged or designed to be used, in whole or in part, for other than single-family detached dwellings.

(Ord. 35-92. Passed 7-20-92.)

1153.03 ACCESSORY USES AND BUILDINGS.

The following accessory uses and buildings are permitted in a Single-Family House District.

(a) Private Garages. A private garage with a maximum floor area of not more than 600 square feet may be erected in, or on the same lot with, the main building. An additional floor area of 200 square feet may be provided for each 2,400 square feet of lot area by which the lot area exceeds 4,800 square feet, and such ratio may be prorated. However, no such garage on one lot shall exceed a total floor area of 800 square feet. Not more than one garage, whether attached or detached, shall be permitted on any one lot. Space for two noncommercial motor vehicles may be rented to persons who are not residents on the same lot.

(b) Parking Areas.

(1) For purposes of this section only:

A. Hard surface: concrete or other approved hard surface area.

B. Driveway: hard surface area in line with direct access to the garage of a width as defined in Section 1153.03 (b)(2), excluding parking pad, yardwalk, and sidewalk.

C. Parking pad: hard surface area contiguous to the driveway, excluding driveway, yardwalk, and sidewalk.

D. Turnaround: hard surface area where a vehicle may be turned around but not parked, excluding driveway, yardwalk, sidewalk, and parking pad.

(2) The amount of hard surface area for a driveway permitted in a residential front setback shall not exceed 32% of the front setback area and the width of said driveway shall not exceed 12 feet wide on a lot with less than 50 feet of effective frontage; 16 feet on a 50 foot to 60 foot wide lot; or 19 feet on a 60.01 foot to 70 foot wide lot; lots wider than 70 feet are permitted a driveway width of not more than 20 feet wide, unless superseded by division (b)(9) of this section.

(3) For a house with a detached garage, a parking pad shall be permitted only in the rear yard.

(4) For a house with an attached garage, a parking pad is permitted in the front setback, unless superseded by Section 1153.03 (b)(5), provided the overall percentage of driveway plus parking pad in the front setback area does not exceed 40%.

(5) For a residential property with a front setback of less than 30 feet, no parking pad is permitted to be constructed in the front setback area, unless superseded by division (b)(9) of this section.

(6) For a residential property with a front setback of 30 feet or more, a parking pad is not permitted within 5 feet of the right-of-way line nor in the interior of the lot.

(7) For a residential property a parking pad is permitted within 3 feet of a side yard with the neighbor sign off, unless superseded by division (b)(9) of this section.

(8) If the property is located on Broadview Road, Brookpark Road, Grantwood Dr., Hauserman Road, Hoertz Road, Pearl Road, Pleasant Valley Road, Ridge Road, Snow Road, Sprague Road, State Road, West 130th St., West Ridgewood Road, and York Road, a turnaround of no more than 180 square feet is permitted in a front setback provided it is setback a minimum of 5 feet off the right-of-way.

(9) If a property has a front setback of less than 20 feet and the dwelling has an attached garage, the maximum width of the driveway shall not exceed 27 feet wide and be setback from the side property line a minimum of 10 feet. The driveway shall not extend beyond the front setback, nor be placed in the side yard. A yardwalk of no more than 4 feet in width is permitted in the side yard.

(10) A non-conforming hard surface, existing at the time of passage of these regulations which is not permitted under these regulations may be continued but shall not be changed or enlarged unless changed as permitted under these regulations.

(1) The parking of commercial vehicles when delivering merchandise shall be limited to the minimum time period required in the usual course of business for making of such delivery.

(2) Only one commercial vehicle not exceeding a gross weight of 8,500 pounds or an overall height of 82 inches may be parked per dwelling unit. Such vehicles must be parked either in an enclosed garage or on a hard-surfaced driveway or turnabout to the rear of the front setback fine of the residence. In addition to the above restrictions, there shall be no parking of the following commercial vehicle types:

A. Tow trucks;

B. Dump trucks;

C. Flat bed trucks;

D. Tractor or semitractor trailer trucks;

E. Stake bed trucks;

F. Box trucks;

G. Any vehicle, including buses, with a dual set of rear wheels; or

H. Any vehicle transporting hazardous or flammable materials beyond what would be normally required to propel that type of vehicle.

(d) Parking of Recreational Vehicles.

(1) Definitions. As used in this chapter, “recreational equipment” means and includes the following, which are defined as follows:

A. “Travel trailer” means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and permanently identified as a “travel trailer” by the manufacturer;

B. “Pickup camper” means a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses;

C. “Motorized home” means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle;

D. “Folding-tent trailer” means a canvas folding structure, mounted on wheels and designed for travel and vacation uses; and

E. “Boat” and “boat trailer” means and includes boats, floats and rafts, plus the normal equipment to transport the same on the streets and highways.

(2) Regulations. No person shall park or store recreational equipment on any street or highway or public or private property within the City except as hereinafter provided. Any owner of recreational equipment may park or store such equipment, not in excess of twenty-four feet in overall length, on property owned by him or her in accordance with the following conditions:

A. Recreational equipment parked or stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes.

B. If the recreational equipment is parked or stored outside of a garage, it may be parked or stored anywhere on the premises upon an approved driveway and/or parking pad as defined in Chapter 1153 , 1155 , and 1159 . The setback requirement of the recreational equipment from a side or rear lot line shall be a minimum of three feet. The setback requirement of the recreational equipment in the front setback line shall be a minimum of five feet.

C. Notwithstanding the provisions of paragraph (d)(2)B. hereof, recreational equipment, not in excess of 24 feet in overall length, may be parked anywhere on the premises for loading or unloading purposes for a period of not more than 24 hours.

D. All recreational equipment must be kept in good repair and carry a current year’s license and/or registration.

(e) Professional Offices. The office of a surgeon, physician, dentist, clergyman or other professional person, except an undertaker residing in the main building, is permitted, provided that the office is located in the main building.

(f) Home Occupations. Gainful home occupations may be permitted in residential districts, including dressmaking, interior decorating, arts and crafts or any other similar home occupations, but excluding uses permitted as commercial or industrial uses, and may be conducted in the dwelling used by such person as his or her residence, provided that:

(1) No person, other than a member of the household, is employed therein;

(2) No sign is used to advertise such occupation, except that a nameplate may designate such occupation thereon;

(3) The occupation must be conducted wholly within the dwelling;

(4) No merchandise is sold except that which is produced on the premises;

(5) No equipment is used which will create objectionable disturbances beyond the premises;

(6) The space used for sale and production does not occupy more than twenty-five percent of the dwelling unit area;

(7) The use does not change the residential character of the dwelling exterior; and

(8) The use does not require the storage of any equipment, materials or vehicles outside the main building.

(g) Gardens and Domestic Animals. The raising for private use of fruits, vegetables or nursery stock, and the keeping of pets, is permitted in the Single-Family House District, provided that:

(1) Household pets shall be construed to include dogs, cats, rabbits, canaries, parakeets, fish and other domestic animals and birds, but not mules, donkeys, cows, bulls, swine, sheep, goats or tamed wild animals and wild birds.

(2) The keeping of all other animals must conform to the regulations and requirements of Chapter 618 of these Codified Ordinances.

(h) Renting of Rooms. The renting by a resident family of not more than one room to not more than one person is permitted, provided that the exterior character of the dwelling is not changed, no separate cooking facilities are maintained, off-street parking is provided as set forth in Chapter 1197 and there are no signs other than those permitted under Chapter 1196 .

(i) Storage of Construction Equipment and Nonmotorized Trailers. The storage of construction equipment and nonmotorized trailers is permitted on a lot, provided that such storage is not in the open, but is in a garage or other approved accessory building.

(Ord. 35-92. Passed 7-20-92; Ord. 389-94. Passed 5-6-96; Ord. 100-09. Passed 8-3-09; Ord. 34-10. Passed 6-7-10; Ord. 117-13. Passed 8-5-13; Ord. 59-17. Passed 5-7-18; Ord. 223-17. Passed 1-22-18; Ord. 145-21. Passed 10-4-21; Ord. 157-22. Passed 9-18-23.)

1153.04 NURSING HOMES.

(a) As used in this section, "nursing home" means a place or institution the owner or proprietor of which is licensed by the State to furnish lodging and various degrees of domiciliary, custodial and/or medical care to three or more nonrelated persons by reason of their being elderly and/or convalescing. The term includes homes for aging persons, golden-age centers and rest homes, but not maternity or mental hospitals or similar institutions devoted primarily to medical diagnosis and surgical treatment.

(b) Nursing homes are permitted in Single-Family House Districts only by conditional use permit, as provided for in Chapter 1126.

(c) In addition to the general conditions contained in Section 1126.03, a conditional use permit for a nursing home in a Single-Family House District shall only be granted if Council and the City Planning Commission are satisfied that the following requirements will be met:

(1) Site location. A site for a nursing home or similar use shall be located so that it is:

A. Reasonably accessible to a place or center of community activity, active-treatment medical facilities and public transportation; and

B. Removed from factories and other sources of loud noise or noxious smoke and fumes.

(2) Site standards. A site for a nursing home or similar use shall meet the following requirements:

A. A minimum lot area of not less than 20,000 square feet, or providing not less than 2,200 square feet per dwelling or care unit, as applicable.

B. A minimum lot width of not less than 100 feet, at the building setback line.

C. A minimum front yard of not less than forty feet, or as established by the Zone Map, or as determined to comply with setbacks on adjacent sites.

D. Minimum side and rear yards of not less than twenty-five feet.

(3) Site improvements. A site for a nursing home shall be improved to provide the following:

A. Good drainage, adequate sewerage, water and electrical services as determined by the City Engineer under Municipal and State laws.

B. Off-street parking areas at a ratio of at least one parking space per four beds; all hard surfacing and driveway construction shall meet the engineering specifications of the City.

C. Landscaped areas, including lawns, trees and shrubs, to be maintained over not less than thirty percent of the total site area.

D. Fences along site boundaries as deemed necessary to preserve the privacy of adjacent sites.

(4) Buildings. Buildings to be erected and/or used for nursing homes or similar uses shall:

A. Contain rooms to be used for sleeping purposes of not less than 100 square feet for single occupancy, or eighty square feet per person for multiple occupancy;

B. Have a ground floor area not exceeding fifteen percent of the total area of the lot.

C. Not exceed two stories or thirty-five feet in height.

(5) Signs. The provisions of Chapter 1196 of these Codified Ordinances shall apply to nursing homes and similar uses in a Single-Family House District.

(6) Screening and buffering. As far as practicable, such conditional use will be subject to all of the requirements of Chapter 1199 , Section 1199.06 (a) notwithstanding.

(Ord. 267-92. Passed 2-16-93; Ord. 157-22. Passed 9-18-23.)

1153.05 PUBLIC FACILITIES.

(a) A new public facility building, limited only to schools, child or adult day care, orphanages and churches, or an addition to such existing public facilities in excess of twenty-five percent of the existing gross floor area, is permitted in a Single-Family House District only by conditional use permit, as provided for in Chapter 1126. All other public facilities not specifically included herein shall be prohibited.

(b) In addition to the general conditions contained in Section 1126.03, a conditional use permit, as required in subsection (a) hereof for a public facility in a Single-Family House District, shall be granted if Council and the City Planning Commission are satisfied that the following requirements will be met:

(1) Site location. A site for a public facility shall be located so as to have access only on a main street, except that it may be located on a local street, provided it is found that the proposed public facility shall not substantially increase the volume and type of traffic movements on the local street.

(2) Site compatibility. The public facility shall be compatible with adjoining residential uses, and the design and operation shall not discourage the appropriate development or significantly impair the value of adjacent properties.

(3) Screening and buffering. As far as practicable, such conditional use will be subject to all of the requirements of Chapter 1199, Section 1199.06(a) notwithstanding.

(1) The maximum lot coverage by all main and accessory buildings shall not exceed twenty- five percent of the lot.

(2) The minimum lot width at the front setback line shall be 100 feet.

(3) The minimum front setback from the right-of-way line shall be fifty feet, and no parking shall be permitted in the required front yard.

(4) The minimum side or rear yard for a main building shall not be less than fifty feet from a residential property line and not less than twenty-five feet from a nonresidential property line. Accessory buildings, driveways and parking areas shall be located not less than ten feet from a nonresidential property line.

(5) Off-street parking facilities shall be provided at not less than the quantities set forth in Chapter 1197.

(6) Landscaped areas, including lawns, trees and shrubs, shall not be less than thirty percent of the total lot area.

(7) Fences or hedges to provide a permanent year-round visual barrier a minimum of five feet in height are required. The type of fence or hedge shall be subject to the approval of the Planning Commission.

(Ord. 267-92. Passed 2-16-93.)

1153.06 PORTABLE TOILETS.

(a) Purpose. The purpose of this section is to preserve and protect the health, safety, and general welfare of persons and property in the City by regulating the location and maintenance of portable toilets.

(b) Definitions. As used in this section, the following terms shall have the meanings defined herein:

(1) "Community event" means a planned occasion or activity held on public grounds that is open to the public and sponsored by the City, a public entity, or a private party.

(2) "Construction project" means a public or private project for the construction, development, replacement, repair, or maintenance of roads, streets, culverts, buildings, residences, commercial units, parking lots, and utilities subject to a valid building permit or other authorization during the period of active construction thereon.

(3) "Owner" means the owner of the portable toilet and the owner of the property on which the portable toilet is located.

(4) "Portable toilet" means a free-standing, movable toilet structure equipped with an impervious tank which receives human excreta discharged through a hopper, seat, urinal or similar device, and into which container may be placed disinfecting or deodorizing chemicals. For the purposes of this section, "portable toilet" and "chemical toilet" shall have the same meaning. The brand names "Port-a-Potty" and "Port-a-John" are included in this definition.

(5) "Responsible party" means any person or entity renting or leasing a portable toilet.

(6) "Special event" means a planned occasion or activity of limited duration held on private property that is open to a limited group of people invited by a host or sponsor.

(7) "Temporary use" means use that lasts, exists, serves, or is effective for a limited time only, and which is not repeated, or intended to be repeated, subsequently within the calendar year.

(1) The placement and temporary use of portable toilets in Single-Family House Districts is permitted only for the following defined activities:

A. Community events.

B. Special events.

C. Construction projects.

D. Under emergency circumstances when adequate permanent bathroom facilities are unavailable.

(2) In no case shall portable toilets be placed, used, or maintained as permanent sanitary facilities or in lieu of connecting a site, structure, or facility to a sanitary sewer system.

(3) The placement of portable toilets on any premises erected, used, arranged, or designed to be used, in whole or in part, for single-family dwellings is prohibited except as otherwise permitted in conjunction with construction projects.

(d) Permit Required. No portable toilet for an allowed use shall be placed or maintained on public or private property without first obtaining a permit from the Building Commissioner.

(1) Prior to obtaining a permit for the placement of a portable toilet, the owner or responsible party shall complete and submit a permit application on such forms as may be prescribed by the Building Commissioner. Applications shall be filed not less than five days before the time intended for placement. No permit for the placement of portable toilets shall be issued prior to the owner or responsible party providing proof of an agreement for the servicing of the portable toilets.

(2) A permit for the placement of portable toilets shall not be required for:

A. The placement of portable toilets by the City for use by the public on property owned, leased, or maintained by the City.

B. The placement of portable toilets in conjunction with public road and utility construction projects, provided, the City shall first approve the location of the placement.

C. The placement of portable toilets to support emergency service operations during emergencies and natural disasters, and during interruption of sewer service due to emergencies or planned upgrades/repairs.

D. The placement of portable toilets in conjunction with a special event or a community event for no more than five consecutive day(s). If portable toilets are placed for more than one special event or community event on the same property in the same calendar year, a permit shall be required.

(3) Permitted portable toilets shall be removed in accordance with the following schedule:

A. Community events and special events. Within 48 hours of the cessation of the event for which the portable toilets were placed.

B. Construction projects. Within 48 hours of the following events: the issuance of any necessary occupancy certificate; the final inspection and approval of a project; the suspension or revocation of any work permit; or a work permit becomes void.

C. Emergencies. Within 48 hours of the cessation of the emergency or other such circumstance.

(e) Location. The location and orientation of all permitted portable toilets shall conform to the following standards:

(1) Setback from property lines. Portable toilets shall be placed at least 20 feet from any residential property line, and at least ten feet from any nonresidential property line. Portable toilets must be kept, as much as possible, out of neighboring structures' line-of-sight.

(2) Setback from lake or stream. Portable toilets shall be placed at least 50 feet from the ordinary high-water elevation of any lake or stream, and not within any swale or infiltration basin.

(3) Setback from wetlands. Portable toilets shall be placed at least 50 feet from the edge of any wetland or pond and shall not be placed within any regulated wetland buffer in accordance with Ohio and federal regulations.

(4) Screening. Portable toilets that are placed for more than five consecutive days shall be screened from public view.

(5) Portable toilets shall be placed in a way to allow for appropriate servicing and to ensure that any vehicle required for servicing shall not cause damage to property.

(6) Portable toilets shall not obstruct existing structures or driveways.

(7) Portable toilets shall be placed to not be potentially impacted by site conditions such as slopes, ditches, or prevailing winds.

(f) Maintenance. The maintenance of all permitted portable toilets shall conform to the following standards:

(1) Portable toilets shall conform to all sanitary, building, fire, and other applicable codes and regulations, including, but not limited to, the Americans with Disabilities Act.

(2) All portable toilets shall be kept in clean, good working condition without any broken surfaces or leaks. In addition, all portable toilets shall be equipped with, or accompanied by, an approved handwashing/hand-sanitizing station. Doors must be able to be securely latched while in use.

(3) All portable toilets shall be emptied and recharged by registered septage haulers no less than once per week, or more frequently if needed, before capacity is exceeded to prevent the escape of offensive odors and spillage.

(4) Septage hauling equipment shall be maintained in proper operating condition. All tank seal safety specifications promulgated by the Ohio Department of Health shall be met to prevent leakage, spills, or the escape of offensive odors while in operation, transit, or storage.

(5) The responsible party shall monitor or secure all portable toilets during periods of inactivity, such as night-time and weekend hours, to ensure that the portable toilets are not used in a dangerous or inappropriate manner.

(Ord. 154-21. Passed 6-6-22.)

1155.01 INTENT.

The Two-Family House District and its regulations are established in order to achieve, among others, the following purposes:

(a) To provide for single-family and two-family residential uses where they are compatible with existing residential development within the City;

(b) To serve as a transition area for those residential neighborhoods where there may be a concentration of large, older houses that can be converted from single-family to two-family units;

(c) To provide protection to single-family and two-family uses from noxious fumes, odors, dust, excessive noise, the invasion of abnormal vehicular traffic, and other objectionable influences, by restricting the type of residential uses and by prohibiting nonresidential development within the boundaries of Two-Family House Districts; and

(d) To promote the most desirable and beneficial use of the land base in accordance with plans recommended or duly approved by the City.

(Ord. 42-55. Passed 2-21-55; Ord. 192-92. Passed 11-2-92.)

1155.02 PERMITTED USES.

Within any Two-Family House District, no building or premises shall be erected, used, arranged or designed to be used in whole or in part for other than one or more of the following specified uses:

(a) All uses permitted in a Single-Family House District;

(b) Two-family dwellings.

(Ord. 15-90. Passed 2-20-90; Ord. 192-92. Passed 11-2-92.)

1155.03 CONDITIONAL USES.

Those conditional uses as are permitted in Chapter 1153 and under the same provisions as provided in Chapter 1153 are permitted in the Two-Family House District.

(Ord. 36-93. Passed 7-19-93.)

1156.01 INTENT.

The intent of this chapter is to:

(a) Encourage the conservation of any natural amenities on a site, including, but not limited to, steep slopes, wooded areas, floodplains and wetlands;

(b) Increase the available housing choices within the City by providing single-family detached and attached units, including two-family dwellings as well as townhouse units and fourplexes on smaller sized lots than in conventional subdivisions;

(c) Provide a more flexible and attractive residential development that will allow for a clustering of buildings in order to allow a greater utilization of open space; and

(d) Encourage the provision of readily accessible recreation areas and open spaces within a single- unified development.

(Ord. 137-93. Passed 7-18-94.)

1156.02 PRINCIPAL USES.

In the Single-Family Cluster District (SFC District), no buildings or premises shall be erected, used, arranged or designed to be used in whole or in part for other than one or more of the following specified uses:

(a) Single-family detached dwellings;

(b) Two-family dwellings;

(Ord. 137-93. Passed 7-18-94.)

1156.03 ACCESSORY USES AND BUILDINGS.

The following uses and buildings are permitted as accessory uses and buildings in an SFC District:

(a) A private two-car garage attached to or located within a one or two-family dwelling or townhouse unit, but no detached garages are permitted;

(b) A parking area for the use of guests of the occupants of one or two-family dwelling units;

(d) Gardens, fences, walls, pools and other recreation facilities on private or common land; and

(e) All uses permitted in a Single-Family House District which do not conflict with the provisions of this chapter.

(Ord. 137-93. Passed 7-18-94; Ord. 101-96. Passed 7-1-96.)

1156.04 AREA AND DENSITY REQUIREMENTS.

The following minimum requirements are established to guide and control the planning, development and use of land in an SFC District:

(a) Development Area. The minimum area to qualify for an SFC District development shall be fifteen contiguous buildable acres.

(b) Development Area Density. The overall residential density of the entire development area shall not exceed six dwelling units per acre.

(Ord. 137-93. Passed 7-18-94.)

1156.05 BUILDING ARRANGEMENTS AND SPACING REQUIREMENTS.

The design criteria set forth in this section for single-family cluster developments are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space and landscape features. Dwelling units in SFC Districts may be arranged in various groups, courts, sequences or clusters, with open spaces organized and related to the dwellings so as to provide and to form a unified composition of buildings and space.

Although latitude in design is provided and encouraged, buildings in an SFC District shall be arranged and spaced in accordance with the following requirements:

(a) Each dwelling unit within an SFC District shall be set back not less than thirty feet from the nearest edge of the street or sidewalk pavement.

(b) Dwelling units in an SFC District shall be set back not less than thirty-five feet from any adjacent non-cluster single-family side lot line; fifty feet from any adjacent non-cluster single-family rear lot line; and twenty-five feet from any common open space boundary line. The Planning Commission may, however, vary said setback distance if it determines that the intent of this chapter will be adequately met.

(d) Not more than three single-family cluster units may be attached in any building group.

(e) No roadways shall be constructed adjacent to existing residential home rear yards.

(Ord. 137-93. Passed 7-18-94; Ord. 101-96. Passed 7-1-96.)

1156.06 REQUIRED OPEN SPACE.

In any SFC District, the total public or common open space shall be not less than twenty-five percent of the gross acreage of the entire development area.

Open space is the area of green, exclusive of roadways, parking areas and driveways.

(Ord. 137-93. Passed 7-18-94.)

1156.07 HEIGHT RESTRICTIONS.

In an SFC District, no residential structure shall exceed thirty feet in height. No accessory structure shall exceed fifteen feet in height at the highest point of the roof line, nor more than one story.

(Ord. 137-93. Passed 7-18-94.)

1156.08 LOT AREA AND WIDTH REGULATIONS.

(a) Lot Area. The minimum lot area for each dwelling unit in the detached single-family portion of the development area shall be 7,200 square feet.

(b) Lot Width. Dwelling units in the detached single-family portion of the development area shall have a minimum lot width of sixty feet measured at the building line.
(Ord. 137-93. Passed 7-18-94.)

1156.09 OFF-STREET PARKING AND LOADING.

Except as provided herein, off-street parking and loading facilities in a Single-Family Cluster District shall be in accordance with Chapter 1197.

(a) An attached garage accommodating not less than two cars shall be provided for each dwelling unit.

(b) Not less than one guest parking space shall be provided for every three dwelling units. Such parking shall be equally dispersed throughout the cluster development and may be either on streets within a cluster development or in off-street parking areas.

(Ord. 137-93. Passed 7-18-94; Ord. 101-96. Passed 7-1-96.)

1156.10 DEVELOPMENT PLANS REQUIRED.

(a) In accordance with the requirements of Chapter 1105, preliminary and final site development plans shall be prepared by the developer for all proposed developments in an SFC District and submitted to the City Planning Commission for its review and approval.

(b) In addition to the requirement set forth in subsection (a) hereof, a copy of all covenants, restrictions and easements to be recorded and covenants for maintenance of common areas shall be submitted to the City's Law Director for his review and recommendations to the Planning Commission. Specifically, the Law Director shall be concerned with the adequacy and applicability of the following:

(1) Declaration of covenants, restrictions and easements, including:

A. Scope and application;

B. Mutual reciprocal easements;

C. Members and voting rights in Homeowners Association;

D. Property rights within cluster areas;

E. Covenants for maintenance easements;

F. Protective covenants (i.e. land use, architectural control, exterior maintenance, etc.);

G. Common properties and facilities maintenance; and

H. The Homeowners Association (creation, memberships and initial appointments).

(2) Bylaws of the Homeowners Association, including:

A. Meetings;

B. Board of Managers;

C. Officers and their duties;

D. Assessments and finances; and

E. Rules and regulations.

(Ord. 137-93. Passed 7-18-94.)

1156.11 MINIMUM FLOOR AREA REQUIREMENTS.

(a) Average Floor Area. The average floor area of all dwelling units in a single-family cluster development shall be not less than 1,500 square feet of finished living area.

(b) Minimum Floor Area. Except as provided in subsection (c) hereof, the minimum floor area of any dwelling unit in a Single-Family Cluster District, exclusive of basement floor area, shall be based upon the form of the dwelling and the number of bedrooms it contains and shall be not less than that set forth in the following table:

Minimum Floor Area (sq. ft.)
No. of Bedrooms	1 Story	1 1/2 Story	2 Story
2	1,200	1,350	1,500
3	1,300	1,450	1,600

(c) Minimum Floor Area Adjacent to Existing Single-Family Dwellings. The minimum floor area of any dwelling unit in a Single-Family Cluster District immediately adjacent to a lot in a Single-Family District containing an existing single-family dwelling, and within 300 feet of said single-family dwelling, shall be 1,500 square feet of finished living area.

(Ord. 101-96. Passed 7-1-96.)

1156.12 IMPROVEMENTS.

Except as specifically provided in this chapter, all improvements in a Single-Family Cluster District shall be in accordance with the Subdivision Regulations of the City and shall conform to all existing or future requirements of the City Engineer and/or Council for plans and specifications with respect to the construction and material standards for all pavement and utility installations within the City.

(a) Utilities. All utility improvements within a Single-Family Cluster District shall be installed underground. Utility improvements within a single-family cluster development need not be installed in a dedicated street right-of-way if their location is approved by the City Engineer and permanent easements providing access to the utilities are granted to the City and the utility companies in a form satisfactory to the City Engineer and the Law Department.

(b) Streets. Streets serving a single-family cluster development may be developed as private streets or offered for dedication to the City, if approved by the City Engineer and the Planning Commission. All streets within a Single-Family Cluster District shall be twenty-six feet in width, except that the Planning Commission may approve streets having a width of twenty-two feet when such a street serves one single- family cluster development exclusively and off-street guest parking spaces are provided at convenient locations throughout the community.

(c) Drives. Private drives serving eight dwelling units or less shall be designed and constructed in accordance with the provisions of Sections 1197.08 and 1197.09 of this Planning and Zoning Code.

(d) Sidewalks. Sidewalks shall be provided as required by Section 1101.05(e) of this Planning and Zoning Code, provided, however, that the Planning Commission may approve plans for a single-family cluster development with sidewalks on only one side of the street when additional walks within the common area of the single-family cluster development are included in the plans.

(Ord. 101-96. Passed 7-1-96.)

1156.13 REPORT TO COUNCIL.

Within sixty days after a cluster site plan has been filed with the Building Official, the Planning Commission shall evaluate the plan and reports required above and shall furnish to Council its detailed report and recommendations with respect thereto. The report of the Commission shall include a finding either that the site plan complies with the regulations, standards and criteria prescribed by this Zoning Code for single-family cluster development applicable to the proposal, or a finding of any failure of such compliance and a recommendation that the site plan be approved, disapproved or modified. If, in any such evaluation, the Commission finds that any regulations, standards or criteria prescribed by this Zoning Code are inapplicable because of unusual conditions of the development area or the nature and quality of the proposed design, the Commission may recommend to Council that an adjustment in such regulations, standards or criteria be made, provided, however, that the criteria set forth in Section 1127.08 et seq. of this Planning and Zoning Code are applied and that such adjustment will not be in conflict with the promotion of the public health, safety and general welfare of the City.

(Ord. 101-96. Passed 7-1-96.)

1157.01 INTENT.

Automobile Parking Districts and their regulations are established in order to promote the general convenience, welfare and prosperity of the community. More specific purposes are:

(a) To provide a transitional use or "buffer" area (generally business and residence districts) wherein open land developments, such as parking areas and driveways, would be more appropriate than building developments.

(b) To provide areas for expansion of off-street parking where presently needed and to control the location of accessways to such parking areas;

(c) To protect adjacent residential neighborhoods from traffic congestion by setting limits, based on need, for future expansion of such parking facilities, and by establishing protective features along lines so defined;

(d) To promote the most desirable use of land in accordance with a well-considered plan and to stabilize and enhance property values.

(Ord. 397-67. Passed 6-3-68; Ord. 193-92. Passed 11-2-92.)

1157.02 CONFORMITY WITH REGULATIONS REQUIRED.

In an Automobile Parking District, buildings and land shall be used, and buildings shall be erected, altered, moved or maintained only in accordance with the provisions of this chapter.

(Ord. 397-67. Passed 6-3-68; Ord. 193-92. Passed 11-2-92.)

1157.03 PERMITTED BUILDINGS AND USES.

(a) Principal Buildings and Uses.

(1) Residential buildings as permitted and as regulated in a contiguous one-family or two-family residential district; or

(2) Open, unenclosed passenger automobile parking facilities for permitted uses in adjoining Multifamily Residential, Office Building, Retail Business and Commercial-Manufacturing "A" and "B" Districts. Such parking areas shall be free of charge and shall not be used for selling, dead storage, repairing or servicing of vehicles.

(b) Accessory Buildings and Uses.

(1) If the principal building or use is a residential building as permitted in paragraph (a)(1) hereof, then accessory uses as permitted and as regulated in a contiguous Single-Family or Two-Family House District are permitted.

(2) If the principal use is for an open, unenclosed passenger automotive parking facility as permitted in paragraph (a)(2) hereof, then no building accessory to a parking facility shall be permitted, and only the following accessory uses are permitted:

A. Signs as regulated in Chapter 1196 of the Zoning Code; and

B. Lighting of parking facilities as regulated in Chapter 1197 of this Zoning Code.

(Ord. 397-67. Passed 6-3-68; Ord. 193-92. Passed 11-2-92; Ord. 157- 22. Passed 9-18-23.)

1157.04 YARD AND OTHER REGULATIONS.

(a) Residential buildings in an Automobile Parking District shall conform to all area, yard and height regulations established for the respective residence districts elsewhere in this Zoning Code.

(b) Parking areas shall conform to all regulations and ordinances of the City pertaining to accessways, surface improvements, yards, protective features, signs and lighting, specifically the provisions of this Zoning Code.

(Ord. 397-67. Passed 6-3-68; Ord. 193-92. Passed 11-2-92.)

1157.05 ZONE MAP DESIGNATION.

Property zoned as Automobile Parking District shall be designated as "A-P" on the Zone Map.

(Ord. 397-67. Passed 6-3-68; Ord. 193-92. Passed 11-2-92.)

1158.01 RESIDENTIAL FACILITY DEFINED.

"Residential facility" means a publicly or privately operated home or facility, licensed pursuant to R.C. Chapter 5119, that provides either accommodations, supervision, personal care services and mental health services to any of the following: (a) one or more unrelated adults with mental illness or one or more unrelated children or adolescents with severe emotional disturbances; (b) one or two unrelated persons with mental illness; (c) one or two unrelated adults who are receiving residential state supplement payments as defined in the Ohio Revised Code; (d) three to sixteen unrelated adults; or (e) provide room and board for five or more unrelated adults with mental illness.

(Ord. 91-21. Passed 9-7-21.)

1158.02 ESTABLISHMENT; APPLICATIONS.

Any individual, group or agency intending to establish a residential facility shall file with the Building Commissioner ("Commissioner") an application, upon a form provided by the Commissioner and which shall include the following information:

(a) The name, address, email address and phone number of the applicant;

(b) The name, address, email address and phone number of the applicant’s sponsoring group or agency;

(d) The address of the residential facility;

(e) The housing capacity of the residential facility;

(f) The name, address, email address and phone number of the third-party agency providing supervision, personal care services and/or mental health services;

(g) The name of the county, state or federal agency which is expected to issue the license, approval, or certification to the applicant to operate the residential facility, a copy of the application submitted to the state and/or federal agency and, in the case of an individual, the name and address of the group or agency sponsoring, or the underwriters agreement or contract with, such individual;

(h) Within 30 days of receipt submit a copy of the license, approval, or certification received by the applicant to operate the residential facility.

(i) Submission of the Ohio Department of Commercial Residential/Instructional Occupancy Questionnaire and Certification;

(j) The names, addresses, email addresses and phone numbers of those persons who will be responsible for the physical maintenance of the residential facility;

(k) An estimate of the number of automobiles to be used by residents and supervisors of the residential facility. The residential facility is required to meet all requirements of Chapter 1197 titled "Off-Street Parking and Loading Facilities."

(Ord. 91-21. Passed 9-7-21.)

1158.03 OPERATION OF A RESIDENTIAL FACILITY AS A PERMITTED USE/CONDITIONAL USE PERMIT.

(a) Pursuant to R.C. § 5119.341(A) any person may operate a residential facility providing accommodations and personal care services for one to five unrelated persons and licensed as a residential facility that meets the criteria specified in division (B)(1)(b) of R.C. § 5119.24 as a permitted use in a single-family and two-family residential district.

(1) A residential facility is required to comply with all applicable City, county and State Building, Health and Fire Code requirements prior to occupancy as well as area, height, yard, and architectural compatibility requirements upon all single-family and two-family residences within the district as set forth in Chapters 1151 and 1153 .

(b) Pursuant to R.C. § 5119.341(B) any person may operate a residential facility providing accommodations and personal care services for six to sixteen persons and licensed as a residential facility that meets the criteria specified in division (B)(1)(b) of R.C. § 5119.34 only as a conditionally permitted use in a multifamily district as provided for in Chapter 1126 .

(1) A residential facility is required to comply with all applicable City, county and State Building, Health and Fire Code requirements prior to occupancy as well as area, height, yard, and architectural compatibility requirements required of a multifamily district as set forth in Chapter 1159 .

(c) Pursuant to R.C. § 5123.19(M) a residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for at least six and not more than eight individuals with developmental disabilities may be operated as a permitted use in a single-family and two-family residential district.

(1) A residential facility that is operating under R.C. § 5123.19(M) is required to comply with all applicable City, county and State Building, Health and Fire Code requirements prior to occupancy as well as area, height, yard, and architectural compatibility requirements upon all single- family and two-family residences within the district as set forth in Chapters 1153 and 1155 .

(d) Pursuant to R.C. § 5123.19(N) a residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but not more than sixteen individuals with developmental disabilities may be operated only as a conditionally permitted use in a multifamily district as provided for in Chapter 1126 .

(1) A residential facility that is operating under R.C. § 5123.19(N) is required to comply with all applicable City, county and State Building, Health and Fire Code requirements prior to occupancy as well as area, height, yard and architectural compatibility requirements upon a multifamily district as set forth in Chapter 1159 including:

A. Architectural design and site layout of the residential facility and the location, nature, and height of any walls, screens, and fences to be compatible with adjoining land uses and the residential character of the neighborhood.

B. Compliance with yard, parking, and sign regulation.

(e) The occupancy limits of each residential facility shall be governed by R.C. Chapter 5119 and comply with the City’s building and zoning requirements.

(f) Signs or other means of identification as a residential facility shall not be permitted. All other signs must comply with the requirements set forth in Chapter 1196 "Sign Regulations."

(Ord. 91-21. Passed 9-7-21; Ord. 157-22. Passed 9-18-23.)

1158.04 PROXIMITY LIMITATION ON A RESIDENTIAL FACILITY.

No residential facility as defined under Section 1158.01 (b), (c) and (d) or operated under Section 1158.03 (d) shall be located within 1,000 feet of another residential facility. The separation distance is to be measured from property line to property line by the shortest distance.

(Ord. 91-21. Passed 9-7-21.)

1158.05 CHANGE OF USE.

Occupancy as a residential facility shall not be considered a change of use in a building which has been used for residential purposes immediately prior to use as a residential facility.

(Ord. 91-21. Passed 9-7-21.)

1158.06 APPLICATION OF CHAPTER.

The requirements of this chapter are applicable to all residential facilities, regardless of whether their existence pre-dates the enactment of this chapter.

(Ord. 91-21. Passed 9-7-21.)

1159.01 INTENT.

The Multifamily District and its regulations are established in order to achieve, among others, the following purposes:

(a) To provide for single-family, two-family and multifamily residential uses where they are compatible with existing residential development within the City;

(b) To provide for a variety of residential dwelling types, including apartments, townhouses and other multiple dwellings as well as single-family and two-family residences;

(c) To provide protection to residential development from noxious fumes, odors, dust, excessive noise, the invasion of abnormal vehicular traffic, and other objectionable influences, by prohibiting nonresidential development within the boundaries of the Multifamily Districts; and

(d) To promote the most desirable and beneficial use of land in accordance with plans recommended or duly approved by the City.

(Ord. 160-93. Passed 5-2-94.)

1159.02 PERMITTED USES.

Within any Multifamily District, no building or premises shall be erected or used, or arranged or designed to be used, in whole or in part, for other than one or more of the following specified uses:

(a) All uses permitted in a Two-Family House District;

(b) Multifamily dwellings, including apartments, townhouses and condominium units.

(Ord. 160-93. Passed 5-2-94.)

1159.03 ACCESSORY USES AND BUILDINGS.

The following accessory uses and buildings are permitted in a Multifamily District:

(a) Private garages or parking spaces for automobiles and other motor vehicles are permitted, provided that the structures and area are in accordance with the provisions of Chapter 1197.

(b) Accessory services in multifamily dwellings for more than 400 families may be permitted, such as newsstands, barber shops, beauty parlors, dining rooms and similar enterprises for the convenience of the occupants thereof when conducted in and entered only from within the building and provided there is no exterior display or advertising, except for a wall sign identifying the service not more than two square feet in area, if the City Planning Commission finds that such services and facilities are not satisfactorily provided in the vicinity.

(c) Any other accessory use customarily incident to a use authorized by this chapter shall be permitted in the Multifamily District.

(Ord. 160-93. Passed 5-2-94; Ord. 157-22. Passed 9-18-23.)

1159.04 SUPPLEMENTAL REGULATIONS.

(a) Common Recreation Areas. Every multifamily dwelling shall include in its common areas and facilities a recreation area or areas equal to at least 250 square feet per unit. Such recreation area or areas shall be in accordance with the size, location, facilities, proximity and criteria established in Section 1187.04 (Landscaped Areas and Lot Coverage for Multifamily Residential Districts) and Section 1105.02(f) (Recreational Areas and Playgrounds) and shall be approved by the City Planning Commission and Council.

The recreation area may also include a community swimming pool of at least thirty square feet of area per dwelling unit and not less than 2,400 square feet for the total multifamily development, as part of the common recreation area requirement.

(b) Parking Facilities. Parking shall be in accordance with the provisions of Chapter 1197 of this Zoning Code. In addition, the driveway leading to each enclosed and open parking space shall not be considered as part of the off-street parking facility. The on-site construction shall be in accordance with Section 1197.09 et seq. (construction of parking areas). The on-site vehicular circulation shall be planned as a system of project drives which will directly serve all parking areas and all buildings. Parking areas shall be located near the dwelling units served and shall be designed as a separate area to serve only parking purposes and not on-site vehicular circulation facilities. Head-in curb parking along collector streets and project drives shall not be permitted, except for guest parking. A pedestrian circulation system shall be provided separate from the vehicular circulation system.

(c) Garbage and Rubbish Disposal. Condominium properties shall provide for regular garbage and rubbish pick-up and disposal.

(d) Landscaping. Landscaping shall be provided by the developer as part of the common areas and facilities of the multi-family development. Trees shall be planted in the public areas, in accordance with the Master Tree Plan adopted by the City, and the private areas shall be developed in accordance with Section 1187.04.

(e) Size Limitations. In multifamily developments, there shall not be more than eight townhouse or row house units in a building, or not more than ten apartment units in each building at ground level. Front, side and rear yards and yards between buildings shall be provided in accordance with Sections 1189.02, 1191.03 and 1193.03, respectively.

(f) Bylaws and Declarations of Condominium Ownership. The developer shall submit final drafts of the proposed bylaws and declarations of condominium ownership documents for review, approval and filing by the City, as is generally required in the case of deed restrictions.

(g) Submittal of Site Plans Required. In accordance with the requirements of Chapter 1105, preliminary and final site development plans shall be prepared by the developer for all proposed multifamily developments in the Multifamily District and submitted to the City Planning Commission for its review and approval.

(Ord. 160-93. Passed 5-2-94.)

1166.01 DEFINITIONS.

(a) "Helicopter" means an airborne vehicle used for the transportation of personnel or material whose support in flight is derived from a vertical lift or force produced by the mechanical rotation of an air-foil or wing about an approximately vertical axis.

(b) "Heliport" means an area on land or a structural surface which is used or intended to be used for the landing and taking off of helicopters. This includes what is sometimes called helistops. No refueling, repairing, maintenance or storage is permitted.

(Ord. 44-93. Passed 7-19-93.)

1166.02 PERMITTED LOCATIONS.

(a) A heliport may be permitted within any of the Industrial or Public Facility Districts of the City, provided that a conditional use permit for the heliport is approved by the City Planning Commission and Council.

(b) The City Planning Commission and Council shall take into consideration the effect of the glide slope on adjoining developed and undeveloped land.

(Ord. 44-93. Passed 7-19-93.)

1166.03 APPROACH ZONES.

There shall be a minimum of two approach paths to a heliport, the centerlines of which may be no closer than ninety degrees apart, and these approach paths shall be free of obstructions to provide a glide slope of eight to one (eight feet horizontal measurement to one foot vertical measurement). These approach zones shall be 500 feet wide at 500 feet above the elevation of the heliport and taper down to the width of the heliport and the heliport elevation.

(Ord. 44-93. Passed 7-19-93.)

1166.04 LANDING HELICOPTERS OTHER THAN AT HELIPORTS.

No person shall land or take off in a helicopter anywhere in the City except at an approved heliport, except, however, in the case of an emergency landing where permission to take off has been obtained from the Director of Public Safety or his or her representative. In addition, the Director may approve the landing or take off of a helicopter at different areas approved by him or her or his or her representative on an individual basis in cases of emergency, public or private ceremony or public necessity.

(Ord. 44-93. Passed 7-19-93.)

1166.05 MINIMUM SPECIFICATIONS.

(a) Every heliport built at ground level shall have a hard-surfaced or grassed area, provided with good drainage and free of dust, gravel or other loose material, not less in length, width or diameter than twice the overall length of any helicopter landing or taking off. In no instance shall this area be smaller than 100 feet in diameter or, in length, of the shortest dimension of a rectangular area. This area shall be free of trees, wires or other obstructions, reserved for the exclusive use of landing or taking off of helicopters and enclosed with a permanent fence at least three feet high.

(b) Rooftop heliports shall be a minimum of forty feet in diameter or, in length, of the shortest dimension of a rectangular area, and shall be designed and constructed so that the building will support the dead load of the structure, plus the actual weight of the heaviest loaded helicopter to be used.

(c) Every heliport must be designed to support concentrated loads on any one square foot equal to three quarters of the gross weight of the heaviest helicopter to be accommodated.

(d) The structural design of all buildings supporting a heliport shall be in accordance with the Building Code unless otherwise specified in this chapter.

(Ord. 44-93. Passed 7-19-93.)

1166.06 CONSTRUCTION MATERIAL.

On buildings supporting a heliport, construction shall be of incombustible materials. The touchdown surface and adjacent area shall be covered with an impervious and incombustible material. In addition, such areas shall be free of loose material that may be blown out during helicopter operations.

(Ord. 44-93. Passed 7-19-93.)

1166.07 SAFETY REQUIREMENTS.

Heliports constructed and operated in the City shall comply with the following safety requirements:

(a) The touchdown area shall be marked as prescribed by the Federal Aviation Agency. The numerals of the maximum weight allowable for use of the facility shall be provided so as to be conspicuous to pilots. A one-foot wide border shall be provided around the edge of the touchdown area.

(b) The touchdown or landing areas on rooftops shall be elevated or provisions shall be made for the collection of fuel that may be spilled in an emergency. Such provisions shall be approved by the Fire Chief or his or her designee prior to the issuance of a conditional permit.

(d) There shall be at least two approved dry powder-type fire extinguishers of at least twenty-pound size. These shall be located remotely from each other. One of these may be substituted for a carbon dioxide-type extinguisher with the permission of the Fire Chief.

(e) At all heliports, a telephone, not of the pay variety, shall be provided, or a fire alarm box installed, or other method of communication approved by the Fire Chief, and maintained.

(f) Heliports shall be provided with an acceptable wind indicator or windsock.

(g) No heliport shall be permitted near a high tension power line.

(h) Smoking shall not be permitted in a heliport.

(Ord. 44-93. Passed 7-19-93.)

1166.08 YARD REGULATIONS.

(a) Front Yards. No heliport shall be located in a required front yard.

(b) Side and Rear Yards. A heliport may be located in a side or rear yard, provided that the required eight-to-one glide slope requirement is met in a 360-degree arc extending to the altitude equal to the height of the highest building in the immediate area. This glide slope measurement shall be made from the top of the perimeter fence.

(Ord. 44-93. Passed 7-19-93.)

1170.01 INTENT.

Office Building, Retail Business, Commercial Manufacturing "A", Commercial Manufacturing "B" and Shopping Center Districts and their regulations are established herein in order to achieve, among others, the following purposes:

(a) To provide, in appropriate and convenient districts, sufficient areas for business activities and the exchange of goods and services;

(b) To provide Office Building Districts for both local and regional offices adjacent to business and/or residential areas that will ensure compatibility with and protect adjoining Residential Districts;

(1) Serve the shopping needs of the community;

(2) Protect adjacent residential properties by restricting the type of business uses, particularly at the common boundaries, which would create hazards, noise, odors or other objectionable influences; and

(3) Relieve traffic congestion on the streets by requiring off-street parking and loading facilities;

(d) To provide Commercial Manufacturing "A" and "B" Districts that will:

(1) Provide sufficient areas for carrying on research, providing commercial services, manufacturing and distributing goods to serve the community, to promote employment and to strengthen the economy of the community;

(2) Provide appropriate and convenient areas for business, contracting, storage and distribution services, and related types of minor production processes, primarily for businesses which serve other businesses or those which serve infrequent shopping needs;

(3) Improve the general environment by prohibiting dwellings, institutions and public facilities in the Commercial-Manufacturing Districts, and by so doing, make land more readily available for commerce and industry;

(4) Protect adjacent Residential Districts by restricting the types of manufacturing uses in the surrounding areas to only those not creating objectionable influences beyond their district boundaries and by separating and insulating them from the most intense manufacturing activities through the provision of landscaped buffer areas; and

(5) Protect light manufacturing, commercial services and related development against congestion insofar as is possible and appropriate in each area by limiting the bulk of buildings in relation to the land and by providing off-street parking and loading facilities;

(e) To provide Shopping Center Districts that will:

(1) Provide for the development of a wide variety of business and shopping facilities within an integrated and unified arrangement of buildings and facilities in areas of sufficient dimensions to satisfy all off-street parking demands and located along major arterial streets where the traffic generated by such developments can be accommodated in a manner that the public health, welfare and safety of the surrounding area will be maintained;

(2) Establish criteria and procedures for the planning and approval of shopping center development plans so that future shopping center development will be coordinated with surrounding neighborhoods;

(3) Protect adjacent residential neighborhoods by regulating the types, spacing and setbacks of business uses, particularly at the common boundaries, which could create hazards, odors, noise, increased litter or other objectionable influences; and

(4) Promote the most desirable land use and traffic patterns in the City of Parma; and

(f) To promote the most desirable land uses in accordance with plans recommended or duly approved by the City.

(Ord. 51-93. Passed 7-19-93.)

1170.02 USE REGULATIONS.

Building and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in the Office Building, Retail Business, Commercial Manufacturing "A" and "B" and Shopping Center Districts only for the uses set forth for each district respectively, in the schedules and regulations of this Zoning Code.

(a) The main buildings and uses set forth in the schedule provided in Section 1170.03 shall be permitted by right as the principal building or use of a zoning lot.

(b) The accessory buildings and uses set forth in the schedule provided in Section 1170.03 shall be permitted as a subordinate building or use if they are planned and developed integrally therewith, clearly incident thereto and located on the same zoning lot as the main building or use.

(c) A building designed and constructed as a residence cannot be occupied, in whole or in part, by another use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and the site plan. The reconstruction must be made to conform to all requirements of the Building Code pertaining to commercial structures.

(d) A lot occupied by a structure containing a dwelling unit shall not be occupied by any other main uses permitted herein or by an accessory use other than a use accessory to the dwelling.

(e) Dwellings of all types shall be prohibited in all Office District, Retail Business, Shopping Center and Commercial Manufacturing "A" and "B" Districts.

(f) Existing one and two-family houses and multi-family dwellings within the Office Building, Retail Business, Shopping Center and Commercial Manufacturing "A" and "B" Districts shall be construed as nonconforming uses.

(Ord. 51-93. Passed 7-19-93.)

1170.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.

Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in the Office Building, Retail Business, Commercial Manufacturing "A" and "B" and Shopping Center Districts only for the uses set forth in the following schedules and regulations. Those buildings and uses which are permitted in a given Commercial/Office District are designated by a "P" placed opposite to the use and in the columns of the districts in which such use is permitted.

RECOMMENDED SCHEDULE OF PERMITTED BUILDINGS AND USES FOR PARMA'S COMMERCIAL /OFFICE DISTRICTS
	ZONING DISTRICTS
PERMITTED BUILDINGS/USES	OFFICE BUILDING	RETAIL BUSINESS	SHOPPING CENTER	COMMERCIAL MANUFACTURING A	COMMERCIAL MANUFACTURING B
A. OFFICE BUILDINGS
1. Administrative; Executive; Financial; Governmental; Professional, including Medical Laboratories and Clinics; Public Utility, Real Estate6	P	P	P	P	P
2. Sales Offices, provided that only samples are displayed or stored on the lot, and provided, further, that no goods are distributed therefrom.	P	P	P	P	P
3. Banks; Savings and Loan Associations (excluding Check Cashing Business or other similar business)5	P	P	P	P	P
B. RETAIL SALES IN ENCLOSED BUILDINGS
1. Groceries; Meats; Fruits, Vegetables, Bakery, Candy, Nuts; Beverage and Dairy Products		P	P	P	P
2. All General Merchandise; Dry Goods and Notions		P	P	P	P
3. Wearing Apparel; Shoes; Hats; Furs		P	P	P	P
4. Household Hardware; Wallpaper; Paint; Floor Covering		P	P	P	P
5. Furniture; Appliances; Draperies; Upholstery		P	P	P	P
6. Sporting Goods; Photographic Supplies and Equipment		P	P	P	P
7. Drugs; Periodicals; Books; Stationary		P	P	P	P
8. Hobbies and Pets		P	P	P	P
9. Flowers; Gifts; Jewelry; Cards; Records; Video and Audio Tapes		P	P	P	P
10. Serving and Consumption of Food and All Beverages, including Alcoholic, on the Premises		P	P	P	P
11. State Liquor Stores		P	P	P	P
12. Junk dealers, pawnbrokers and secondhand dealers				P	P
13. Microbreweries, nanobreweries and brewpubs		P	P
C. SERVICE ESTABLISHMENTS
1. Beauty and Barber Shops; Tanning Salons		P	P	P	P
2. Laundry and/or Dry Cleaning Agencies, provided no work is done on the premises for other outlets and only nonexplosive and nonflammable solvents are used		P	P	P	P
3. Self Service Laundries		P	P	P	P
4. Shoe, Hat and Watch Repair Shops		P	P	P	P
5. Radio, Television and Other Household Appliance Repair		P	P	P	P
6. Photographic Studios and Photographic Developing		P	P	P	P
7. Mortuaries and Funeral Homes		P		P	P
8. Veterinaries		P		P	P
9. Business/Trade Schools	P	P		P	P
10. Travel Agency	P	P	P	P	P
11. Diet and/or Weight Control Services	P	P	P	P	P
12. Child Day Care Centers		P
D. AMUSEMENT AND RECREATION USES WITHIN AN ENTIRELY ENCLOSED SOUNDPROOF BUILDING
1. Assembly and Meeting Halls		P	P	P	P
2. Bowling Alley		P	P	P	P
3. Billiard Hall		P	P	P	P
4. Roller Skating or Ice Skating Rink		P	P	P	P
5. Theater - Indoor		P	P	P	P
6. Dance Hall or Dance Studio		P	P	P	P
7. Fitness Centers, Racquetball, Handball and Indoor Tennis and Soccer		P	P	P	P
8. Video Arcades		P	P	P	P
9. Gymnastics or Martial Arts Studios		P	P	P	P
E. AMUSEMENT AND RECREATION USES NOT WITHIN AN ENCLOSED BUILDING
1. Miniature Golf					P
2. Swimming, Tennis, Batting Cages, Basketball					P
3. Golf Driving Range					P
4. Go-Kart Racing, Miniature Auto Tracks					P
5. Outdoor Theater					P
F. AUTO SALES AND SERVICE
1. Gasoline Filling Station		P	P	P	P
2. Car Wash11		P		P	P
a. Conveyor car wash					P
b. In-bay car wash					P
3. Sale of Auto Accessories, Tires, Mufflers, Batteries, Brakes		P	P	P	P
4. Light Service, Diagnostic and Maintenance Facility		P	P	P	P
5. Automotive Repair Garage				P	P
6. Automobile Sales, New and Used					P
7. Camping, Trailer and Boat Sales					P
G. OUTDOOR SUPPLIES
1. Garden Supplies, tools, outdoor furniture, nursery stock, if in connection with a retail business conducted within a building		P	P	P
H. OTHER BUSINESS USES
1. Drive-in Restaurants				P	P
2. Adult Entertainment1				P	P
3. Wholesale Businesses, Services, and Self-Storage Facilities8					P
4. Light Manufacturing Uses limited to: a. Household Chemicals					P
b. Electric Fixtures and Appliances					P
c. Instruments					P
d. Tools					P
e. Hardware					P
f. Metal					P
g. Wood Products					P
h. Other Similar Products					P
5. Print Shop and Copy Center (establishments not employing more than five persons)		P	P	P	P
6. Print Shop (more than five employees)					P
7. Motel, Hotel				P	P
8. Animal Boarding, Including Kennels2				P	P
9. Instant Bingo Establishments					P
10. Check Cashing Business or other similar business5				P	P
11. Body Art Establishments12		P	P	P	P
12. Massage Parlor				P	P
13. Credit service organization, loans on motor vehicle title business, or other similar business7				P	P
14. Smoke Shop10				P	P
I. ACCESSORY BUILDING AND USES
1. Off-Street Parking and Loading	P	P	P	P	P
2. Signs	P	P	P	P	P
3. Maintenance/Storage Facilities related to the Main Use, not including Self-Storage Facilities9	P	P	P	P	P
4. Approved Cremation Retorts When Accessory to an Established and Existing Funeral Service		P		P	P
5. Employees' Lunch Rooms	P	P	P	P	P
6. Beauty and Barber Shops3	P
7. Restaurant, Snack Bar or Newsstand3	P
8. Gift Shop3	P
9. Pharmacy3	P
10. Shoe Repair3	P
11. Copy Center3	P
12. Exercise or Physical Therapy Room3	P
13. Child Care3	P
14. Serving and consumption of food and all beverages, including alcoholic, on the premises of outdoor patios4		P	P	P	P

1. Provided that no adult entertainment use shall be within 1,000 feet of another adult entertainment use, an existing residential use or zoning district, public or private school, church, public library, playground, recreation or community center, or child care center.

2. Provided that such use must be at least 1,000 feet from an existing residential use or Residential Zoning District.

3. Retail and service uses permitted as accessory uses in the Office Building District shall be limited to not more than 25% of the ground floor area of an office building. Such accessory uses shall have no exterior entrance for customers and no exterior display or advertising of these services, and shall be confined totally within the office building.

4. Provided that such outdoor patio is ancillary to a permitted building and use under B.10 of this table.

5. As regulated by the State of Ohio pursuant to Ohio R.C. 1315.21 through 1315.44, no check cashing business or other similar business shall be located within 1,000 feet of any other check cashing business or other similar business, as measured at the closest property lines. Furthermore, the number of such businesses shall not exceed one per every 10,000, or portion thereof, of the population of the City.

6. Including persons who practice limited branches of medicine pursuant to Ohio R.C. 4731.15 through 4731.22.

7. As regulated by the State of Ohio pursuant to Ohio R.C. 4712.01 through 4712.99 and the number of such businesses shall not exceed one per every 10,000, or portion thereof, of the population of the City.

8. Provided that no self-storage or mini-storage facility shall be permitted within one mile of another self-storage or mini-storage facility as measured by the shortest airline measurement between the nearest points if the parcels on which the self-storage or mini-storage facility is located. However, the one mile separation requirement shall not apply: (i) to a complete site plan application for a self-storage or mini-storage facility that has been submitted or approved as of January 19, 2021, or (ii) to any self-storage or mini-storage facility existing as of January 19, 2021. Refer to Parma C.O. Chapter 789 for business regulations of self-storage and mini-storage facilities.

9. Provided that the maintenance of an accessory storage facility shall not exceed 15% of the gross land area of the parcel on which it is located and shall also be limited to not more than 15% of the ground floor area of the primary building located in the following districts: office building, retail business, shopping center and commercial manufacturing "A" and "B." However, the 15% sitting requirement shall not apply: (i) to any complete site plan application for an accessory maintenance use or storage facility that has been submitted or approved as of January 19, 2021, or (ii) to any accessory maintenance use or storage facility existing as of January 19, 2021.

10. The number of such businesses shall not exceed one per every 10,000, or portion thereof, of the population of the City.

11. All types of car washes shall not exceed one per every 10,000 residents, or portion thereof, of the population of the City.

12. No body art establishment shall be located within 1,000 feet of another body art establishment.

(Ord. 51-93. Passed 7-19-93; Ord. 312-93. Passed 5-2-94; Ord. 240-94. Passed 4-3-95; Ord. 31-00. Passed 7-10-00; Ord. 9-03. Passed 2-16-04; Ord. 257-02. Passed 6-7-04; Ord. 63-03. Passed 6-7-04; Ord. 279-04. Passed 11-15-04; Ord. 139-06. Passed 11-6-06; Ord. 15-08. Passed 4-21-08; Ord. 106-11. Passed 11-7-11; Ord. 287-13. Passed 4-21-14; Ord. 34-18. Passed 5-7-18; Ord. 187-2020. Passed 1-19-21; Ord. 196-2020. Passed 3-15-21; Ord. 10-22. Passed 4-18-22; Ord. 178-24. Passed 12-16-24; Ord. 96-25. Passed 7-7-25.

1170.04 DETERMINATION OF SIMILAR USES.

The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.

All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in any of the Commercial/Office Districts shall be submitted to the Planning Commission and, after approval by it, confirmed by the Council in compliance with the following standards:

(a) That such use is not listed in any other classification of permitted buildings or uses;

(b) That such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to any other classification;

(c) That such a use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and

(d) That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.

(Ord. 51-93. Passed 7-19-93.)

1170.05 LOT AREA, WIDTH AND COVERAGE REGULATIONS.

In all Commercial/Office Districts, buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in whole or in part only in accordance with the following subsections:

(a) The area of a zoning lot shall be not less than the area required for each dwelling unit or other permitted building as set forth in the Schedule in Section 1170.06.

(b) The width of a zoning lot shall be not less than the width of the lot for the type of dwelling or other permitted building in the district in which the lot is located as set forth in the Schedule in Section 1170.06.

1170.06 SCHEDULE OF LOT AREA, WIDTH AND COVERAGE REGULATIONS.

ZONING DISTRICT

MAIN USE

MINIMUM LOT SIZE
AREA (a) WIDTH

MAXIMUM LOT COVERAGE (%)

Office Building	All Uses	None	None	35
Retail Business	Retail Stores	None	None	30
	Pressing and Dry Cleaning Establishments	None	None	30
	Eating and Drinking Establishments	None	None	20
	Service Establishments	None	None	30
	Amusement and Recreation Uses	None	None	25
	Light Service, Diagnostic and Maintenance Facility	30,000 sq. ft.	150 ft.	30
	Gasoline Filling Station	30,000 sq. ft.	150 ft. (b)	20
	Automobile Wash	40,000 sq. ft.	150 ft.	20
	Uses Permitted in Office Building District	None	None	35
Shopping Center	Shopping Center Complex	5 acres	None	25
Commercial Manufacturing "A"	All Permitted Main Uses Except Motels, Hotels, Gasoline Filling Stations, Automobile Washes and Automotive Repair Garages and Light Service Diagnostic and Maintenance Facilities	8,000 sq. ft.	80 ft.	30
	Gasoline Filling Stations	30,000 sq. ft.	150 (b)	20
	Automobile Wash	40,000 sq. ft.	150 ft.	20
	Light Service, Diagnostic and Maintenance Facility	30,000 sq. ft.	150 ft.	20
	Automotive Repair Garage	30,000 sq. ft.	150 ft.	30
	Hotels and Motels	2 acres	120 ft.	25
Commercial Manufacturing "B"	All Permitted Main Uses Allowed in Commercial Manufacturing "A" District Except Motels, Hotels, Gasoline Filling Stations, Automobile Washes and Automotive Repair Garages, and Self-Storage Facilities	8,000 sq. ft.	80 ft.	30
	Gasoline Filling Station	30,000 sq. ft.	150 ft. (b)	20
	Automobile Wash	40,000 sq. ft.	150 ft.	20
	Light Service, Diagnostic and Maintenance Facility	30,000 sq. ft.	150 ft.	20
	Automotive Repair Garage	30,000 sq. ft.	150 ft.	30
	Motels and Hotels	2 acres	150 ft.	25
	Self-Storage Facilities	2 acres	150 ft.	50
	All Other Permitted Uses	2 acres	150 ft.	25

(a) In addition to the requirements in this schedule, the minimum lot area for each of the uses permitted in the Commercial/Office Districts shall be sufficient to meet the minimum requirements for yards, buffering and screening, and off-street parking.

(b) Gasoline service stations must have not less than 150 feet of frontage on each of two intersecting streets.

(Ord. 51-93. Passed 7-19-93; Ord. 187-2020. Passed 1-19-21.)

1170.07 YARD AND HEIGHT REGULATIONS.

Buildings shall be designed, erected, altered, moved or maintained in accordance with the yard, lot coverage and height regulations set forth in the following subsections:

(a) Yards, where a formula is given in the Schedule in Section 1170.08, "H" represents the height in feet of the building and "L" the length of the wall facing a side or rear lot line.

(b) The front yard depth of a zoning lot shall be not less than the depth set forth in the Schedule in Section 1170.08, for the type of permitted building in a Commercial District.

(c) Two side yards shall be provided as set forth in Section 1170.08. the total width of both side yards of a lot and the width of two adjoining side yards on adjoining lots shall be not less than the total width as set forth in the schedule for the district in which it is located.

(d) The rear yard depth of a zoning lot for main buildings shall be not less than set forth in the Schedule in Section 1170.08 for the district in which it is located. A detached accessory building or buildings shall not occupy more than thirty percent of the area of the rear yard and shall be located in accordance with the yard regulations set forth in Sections 1170.08 and 1170.09.

(e) The height of a main building permitted on a zoning lot shall not exceed the number of stories as set forth in the Schedule in Section 1170.08 for the district in which it is located. The height of a permitted accessory building shall not exceed one story or fifteen feet in height.

(Ord. 51-93. Passed 7-19-93.)

1170.08 SCHEDULE OF YARD AND HEIGHT REGULATIONS

		Minimum Required Yards for One and Two Story Buildings					MinimumRequired Yards for Biuldings More Than Two Stories
ZONING DISTRICT	USES	Front From Street R-O-W (ft.)	Setbacks Adjacent to Res. Districts (ft.)		Setbacks Adjacent to Other Districts (ft.)		Front From Street R-O-W (ft.)	Setbacks Adjacent to Rea. Districts (ft.)		Setbacks Adjacent to Other Districts (ft.)		Maximum Heights (Stories)
ZONING DISTRICT	USES	Front From Street R-O-W (ft.)	Side	Rear	Side	Rear	Front From Street R-O-W (ft.)	Side	Rear	Side	Rear	Maximum Heights (Stories)
Office Bulding District	All Main and Accessory Buidings	(a)	(b)	30(c)	(b)	-	(a)	(b)	30(c)	(b)	-	3(d)
Retail Business District	Retail Stores	30	20	20	0 or 10	0 or 10	H + L	H + L	H + L	H + L	H + L	3
Retail Business District	Retail Stores	30	20	20	0 or 10	0 or 10	4	2	2	5	5	3
	Pressing & Dry Cleaning Establishments	30	20	20	0 or 10	0 or 10						1
	Eating & Drinking Establishments	30	30	30	10	10						2
	Services	30	20	20	0 or 10	0 or 10						2
	Amusement & Recreation Uses	30	30	30	10	10						2
	Auto Service	30	30	30	0 or 10	0 or 10						2
	Gasoline Service Station	50(b)	40	40	15	15						1
	Automobile Wash	50	40	40	15	15						1
	Other Uses Permitted in Office Building District	30	20	20	0 or 10	0 or 10	H + L	H + L	H + L	H + L	H + L	3 (d)
	Other Uses Permitted in Office Building District	30	20	20	0 or 10	0 or 10	4	2	2	5	5	3 (d)
Shopping Canute District	Main & Accessory Building	100	100	100	10	10	100	100	100	10	10	3 (d)
	Off-Street Parking Space	20	30	30	0	0	20	30	30	0	0	-
	Off-Street Loading Space	50	50	50	15	15	50	50	50	15	15	-
Commercial Manufacturing "A" District	All Permitted Main Uses	12(e)	12(f+h)	12(g+h)	(f)	-	-	-	-	-	-	1 story or 15 ft.
Commercial Manufacturing "B" District	Office, Retail, Sales & Services Permitted in Commercial Manufacturing "A"	12(e)	12(f+h)	12(g+h)	(f)	-	-	-		-	-	2 stories or 35 ft.
	All Other Permitted Uses	100	50	100	(i)	-	-	-	-	-	-	2 stories or 35 ft.
	Off-Street Parking & Loading	Not allowed	Not allowed		Not allowed

(a) Front Yard. The front yard, including both yards of a corner lot, shall be not less than the dimension established on the Zone Map or other duly adopted plan of the City, whichever is greater.

(b) Side Yard. Each lot or separate development shall provide at least one side yard of not less than twelve feet in width unless the on-site circulation, parking and loading facilities are coordinated with adjoining developments and set forth in a joint agreement.

(c) Rear Yards. Where any nonresidential development abuts a residence district along the rear property line, the minimum distance between such building and any property line in any residence district shall be not less than thirty feet. The side or rear distance between a parking or loading area or a driveway and the property line of the nearest residential property line in a residence district shall be not less than twelve feet.

(d) Height of Buildings. A main building shall not exceed three stories in height, except that a part, but not more than one-fourth of the area of the building or buildings, may exceed three stories but shall not exceed thirty-five feet in height. All parts of a building containing the mechanical and other service features of a building shall be designed and enclosed so as to be in harmony with the architectural treatment of the building. Accessory buildings or structures shall not exceed fifteen feet in height.

(e) Front Yards. For every building there shall be a setback of not less than twelve feet from the front property line. Required front yards may be used for entrance or exit driveways and shall be landscaped appropriately and well maintained. They shall not be used for off-street parking or loading facilities.

(f) Side Yards. Side yards are only required for buildings in this district which are located on a lot adjoining a side lot of a residence district and, in such case, shall be not less than twelve feet in width. Where side yards in this district adjoin a road, the side yard shall not be less than setbacks established for buildings on that road, and any truck loading spaces on such a side yard shall be of such size that trucks normally using the loading space will be inside the sidewalk line.

(g) Rear Yards. Rear yards are only required for buildings in this district which are located on a lot adjoining a residence district and, in such case, they shall be not less than twelve feet in depth.

(h) All Required Yards. All side and rear yards adjoining a residence district must have a solid fence or wall not less than six feet in height on or near the lot line. Any area between the fence or wall and the lot line shall be landscaped appropriately and well maintained, and the fence itself shall be maintained in good condition and have a uniform appearance.

(i) Side Yards. Where side yards in this district adjoin a road, the side yard shall not be less than setbacks established for buildings on that road.

(Ord. 51-93. Passed 7-19-93.)

1170.09 SUPPLEMENTARY LANDSCAPING REGULATIONS.

(a) In a Shopping Center District, not less than five percent of the land area in addition to buildings and required yards shall be permanently reserved for and developed in landscaped pedestrian courts or malls. Not less than an additional five percent of the land area within the parking areas, in addition to the required yards, shall be permanently reserved for and developed in planted areas. Such areas shall be not less than ten feet in any dimension and shall be distributed throughout the parking area so as to define parking areas and to interrupt the vast expanse of pavement.

(b) In all Commercial Zoning Districts, all of the screening and buffering regulations of Chapter 1199 must be met. In addition, the Planning Commission may require, in a Shopping Center District, that an applicant install a fence or wall where necessary to protect Residential Districts that are across the street from a Shopping Center District.

(c) In the Office Building District, all parking areas with a capacity of more than fifty parking spaces shall provide landscaped islands which shall be at least seven percent of the total area of the parking spaces, driveways and walkways. Plant material shall be provided and properly maintained in such landscaped islands.

(Ord. 51-93. Passed 7-19-93.)

1170.10 SUPPLEMENTARY GASOLINE FILLING STATION REGULATIONS.

(a) As used in this chapter:

(1) "Gasoline filling station" means a building or part of a building or structure or space, used for the retail sale of gasoline, lubricants and motor vehicle accessories and for minor services and minor repairs not accompanied by objectionable noise, fumes or odors.

(2) "Repair garage" means a building or a part of a building used either solely for general repairs to motor vehicles, or for general repairs to motor vehicles in conjunction with the retail sale of gasoline, lubricants and motor vehicle accessories. "General repairs" shall mean body and fender repairs, the painting of vehicles, heavy engine repairs or replacements, welding repairs or other repairs commonly included in this category by the industry and not included in the definition of "light service, diagnostic and maintenance facility" referred to in paragraph (a)(3) hereof.

(3) "Light service, diagnostic and maintenance facility" means a building or part of a building used for brake, muffler, shock absorber, spring, tire, exhaust, electrical, alignment, tune-up and oil-lubrication work, and other regular maintenance other than that which falls under the definition of "general repairs" above, provided the work or sale of auto accessories is not accompanied by objectionable noises, fumes or odors. Such facilities may be operated either with mechanics who perform the work or as a facility that makes repair tools and space available for persons to perform work on their own vehicles.

(b) A repair garage is not a permitted use in any Retail Business, Office Building or Shopping Center District.

(c) A gasoline filling station shall comply with the following performance standards as a condition precedent to its occupancy and use in a Retail Business, Shopping Center, Commercial Manufacturing "A" or Commercial Manufacturing "B" District:

(1) (EDITOR'S NOTE: Paragraph (c)(1) was repealed by Ordinance 109-94, passed July 5, 1994.)

(2) The areas immediately adjacent to all fuel pumps as well as all driveway aprons shall be surfaced with concrete. All other driveway, parking and outdoor service areas shall be surfaced with either concrete or asphalt in accordance with current State of Ohio standards.

(3) There shall be no more than three motor vehicles parked overnight, except within the enclosed area of the gasoline filling station.

(4) The sale or lease of trailers and automobiles is not permitted.

(5) When adjoining a residence district, there shall be no motor vehicle repairs after 9:00 p.m. except in an enclosed area of the station. In no event shall there be motor vehicle repairs between the hours of 12:00 midnight and 7:00 a.m. except in the event of an emergency.

(6) In addition to the requirements of Chapter 1105 of this Planning and Zoning Code, the Commission shall require the architectural design and construction of the landscaping of a gasoline filling station to be compatible and in harmony with the general character of the neighborhood.

(7) Whenever a gasoline filling station is proposed to be established on a lot adjoining a residence district, the Commission shall, prior to the approval of the final plans as required by Chapter 1105, hold a public hearing thereon and shall give at least twenty days notice of the time and place thereof to each owner of a residential lot located in whole or in part within 300 feet of the lot lines of the proposed station. Service of the notice shall be by certified mail to the last known address of each owner. During such twenty days, a copy of the final plans shall be on file for public examination in the office of the Commission.

(8) Gasoline pumps constituting part of a gasoline filling station may be erected in a front yard but shall not be less than fifteen feet from the right-of-way line. The front yard is the area between the right-of-way line and the building setback, and except as otherwise provided, it may be used for no purpose other than landscaping, off-street parking, loading or ingress and egress.

(d) Any motor vehicle repairs outside of a building of a gasoline filling station, repair garage or light service, diagnostic and maintenance facility shall be limited to minor repairs not exceeding thirty minutes in duration.

In addition to any other applicable section of these Codified Ordinances, light service, diagnostic and maintenance facilities shall be governed by the following regulations:

(1) Not more than seven automobiles may be left parked outside of the building overnight.

(2) The lot shall be lit from dusk to dawn with security lighting and all lighting shall be directed in such a manner as not to interfere with neighboring parcels.

(Ord. 51-93. Passed 7-19-93.)

1170.11 DRIVE-IN RESTAURANTS.

A drive-in restaurant is a retail outlet where food or beverages are prepared, served and sold for consumption on the premises to customers in parked motor vehicles.

A drive-in restaurant in any Retail Business, Office or Shopping Center District is prohibited.

(Ord. 51-93. Passed 7-19-93.)

1170.12 EXISTING RESIDENCES.

No building permit shall be issued for the building, construction or erection of a permitted use on a lot in any Commercial Zoning District so long as there exists on the lot a building or structure used for residence purposes.

(Ord. 51-93. Passed 7-19-93.)

1170.13 TEMPORARY STRUCTURES.

Temporary offices, storage, signs and other structures of contractors are permitted in any Commercial Zoning District, provided such uses are deemed necessary to the development of the premises and provided a building permit has been obtained for the principal work. Such structures shall be removed within thirty days after completion of work on the premises or if construction is not pursued diligently.

(Ord. 51-93. Passed 7-19-93.)

1170.14 REMOVAL OF SOIL.

Soil, sand or gravel shall not be stripped or removed in any Commercial Zoning District except excess soil, sand or gravel resulting from excavations or grading in connection with the construction or alteration of a building or other improvements of the lot.

(Ord. 51-93. Passed 7-19-93.)

1170.15 PERFORMANCE STANDARDS FOR CERTAIN USES.

Main and accessory buildings and uses enumerated in Section 1170.03F.1. through 7. and H.3., 4., 6. and 8. shall comply with the following performance standards as a condition precedent to their occupancy and use, in addition to the requirement that a conditional use permit be approved for buildings or uses adjacent to a residence district.

(a) All business, service, storage and manufacturing operations shall be conducted, and all materials used in their operations shall be contained, wholly within enclosed buildings, or enclosed by a solid wall or fence of such nature and height as to conceal completely all operations thereof and all materials therein from any observer's view, if that observer is standing at the grade level on an adjacent residential premises.

(b) Storage of all materials in yards or buildings must comply with fire protection standards in effect at the time.

(c) Waste products resulting from all aforesaid operations shall be either disposed of, stored in buildings or enclosed within a wall or fence.

(d) All operations shall be of a type that will not disseminate any dust, smoke, fumes, gas, flare or noxious odors or that possess other equally objectionable characteristics.

(e) No noise and vibrations shall be produced at the boundary of the district exceeding the average intensity of street traffic noise at the farther point along that boundary.

(Ord. 51-93. Passed 7-19-93; Ord. 309-07. Passed 8-4-08.)

1170.16 OFF-STREET PARKING AND LOADING FACILITIES.

Off-street parking and loading in any of the Commercial Zoning Districts shall be in accordance with the regulations set forth in Chapter 1197 of the Planning and Zoning Code.

(Ord. 51-93. Passed 7-19-93.)

1170.17 DEVELOPMENT PLANS REQUIRED.

(a) In accordance with the requirements of Chapter 1105, preliminary and final development plans are required for all proposed developments in Office Building, Retail Business, Commercial Manufacturing "A" and Commercial Manufacturing "B" Districts. These development plans shall be provided by the developer and reviewed by the City Planning Commission. After such a plan is approved, no substantial alterations shall be made thereto unless an amended or revised plan is approved in accordance with the same procedures.

(b) In accordance with Section 1170.18, preliminary and final development plans are required for all proposed developments in the Shopping Center District.

(Ord. 51-93. Passed 7-19-93.)

1170.18 SHOPPING CENTER DEVELOPMENT PLANS.

Eight prints of the preliminary development plans of the area proposed for development in a Shopping Center District, at a scale of not less than one inch equals 100 feet, shall be submitted to the Building Commissioner, who shall deliver one set each of the prints to the City Engineer and the Director of Public Safety, and five sets to the Planning Commission. The preliminary development plans shall contain the following:

(a) Property Lines. Property lines and dimensions of the parcel or parcels proposed for development and the location of existing main buildings on adjacent lots and on lots directly across the street or streets bounding the property to be developed;

(b) Grading. Grading showing existing topography of the entire property and that of adjoining land within thirty feet of the property, either by elevations or contour lines, the proposed finished grades and topography of the entire property, with surface drainage indicated, retaining wall or other methods that will protect adjoining properties where changes from existing grades at property lines are proposed (this will include guard rails where vehicle movement is involved), location and grade elevations of existing buildings on adjoining land within thirty feet of the property, finished floor and yard grades of the proposed building with excavation depth noted, and any additional information or requirements deemed necessary by the City Engineer;

(d) Traffic. A traffic impact analysis, prepared by a professional traffic engineer, that estimates the development's traffic volumes and impacts both on the development site and off the site, plus detailed information on the proposed system of circulation of vehicular traffic; width of drives and plans for control of traffic in the development;

(e) Parking and Loading Areas. The arrangement, number and size of proposed parking and loading spaces;

(f) Outdoor Lighting Fixtures. The location and type of proposed fixtures;

(g) Other Site Improvements. The design of landscaped yards, planting areas and yards adjoining residence districts;

(h) Signs. The size, location and nature of proposed signs;

(i) Utilities. Plans for sanitary sewerage and storm drainage facilities and all other utility installations and connections, showing:

(1) Sanitary facilities:

A. Size, type and class of proposed pipe;

B. Size and type of existing pipe;

C. Invert elevations and grades of all runs of pipe;

D. Connection to building and to existing sanitary sewer;

E. Location of test tee (normally one foot outside the right-of-way line);

F. Any additional information or requirements deemed necessary by the City Engineer.

(2) Storm drainage facilities:

A. Size, type and class of proposed pipe;

B. Size and type of existing pipe;

C. Invert elevations and grades of all runs of pipe;

D. Size and detail of catch basins, including type of frame and grate;

E. Detail of manholes;

F. Trench drains at back of sidewalk where parking area or drives drain toward street;

G. Detail of headwalls;

H. Connection to building and to existing storm sewer or watercourse;

I. Location of test tee (normally one foot outside the right-of-way line);

J. Any additional information or requirements deemed necessary by the City Engineer;

(j) Asphalt and Concrete for Drive and Parking Area. A typical section of pavement; detail of curbs, if used; all drive aprons in tree lawns shall be concrete. Where there are no existing sidewalks, new concrete sidewalks must be constructed. These shall be shown on the plans as per City standards. Any additional information or requirements deemed necessary by the City Engineer shall also be included.

(k) Pedestrian Circulation. The location, type and width of sidewalks, interior walkways and crosswalks.

(Ord. 51-93. Passed 7-19-93.)

1170.19 APPROVAL OF PRELIMINARY PLANS FOR SHOPPING CENTER DISTRICT.

(a) City Engineer. The City Engineer shall review all preliminary development plans for the development of a Shopping Center District relative to location and construction of sanitary sewers, storm drains and all other utilities, improvements of parking and loading areas, drives and walks, and all other site improvements, including grading and drainage, which normally are under the jurisdiction of such official, and report to the Planning Commission with his recommendations.

(b) Director of Public Safety. The Director of Public Safety shall review preliminary development plans relative to the proposed system of circulation of vehicular and pedestrian traffic, plans for traffic control, width of drives, location and width of walks, the arrangement, number and size of proposed parking spaces, the location and type of proposed outdoor lighting installations, and external fire protection devices, and he shall report to the Commission with his recommendations.

(1) The Commission shall review preliminary development plans to determine if they are in accordance with the provisions of this chapter. The Commission may relax certain requirements if it funds that amenities such as privacy, light and openness can thereby be improved through adaption to topographic conditions and for skillful design in the arrangement of buildings and uses, landscaping, driveways, parking areas or other site features. On the other hand, the Commission may require wider yards and additional fences and planting to improve the site plan and further protect adjoining developments.

(2) A report of the action by the Commission and one set of the preliminary development plans shall be sent to the developer and to Council.

(3) Approval of the preliminary development plan by the Commission and Council shall assure the developer for a one-year period from the date of approval that:

A. The location and arrangement of buildings, walks, parking and loading areas, landscaped areas, courts and malls are approved and shall be the basis for preparation of the final development plan; and that

B. The general terms and any special conditions under which the approval of the plan was granted will not be changed.

(Ord. 51-93. Passed 7-19-93.)

1170.20 FINAL DEVELOPMENT PLANS FOR SHOPPING CENTER DISTRICT.

(a) Following approval or approval subject to modification by the Planning Commission, final development plans for a Shopping Center District shall be prepared if the developer intends to proceed with all or part of the proposed development at the same scale. The final plans shall contain the information required in the preliminary plans and incorporate such revisions as are prescribed by the City Engineer, the Director of Public Safety and the Planning Commission.

(b) Eight prints of the final development plans shall be submitted to the Building Commissioner, who shall deliver one set of plans each to the City Engineer and to the Director and five sets to the Commission.

(c) Action shall be taken by the Commission within thirty days after all the final development plans are received by the Secretary of the Commission unless an extension of time is agreed upon by the developer.

(Ord. 51-93. Passed 7-19-93.)

1170.21 PERFORMANCE GUARANTEES FOR SHOPPING CENTER DISTRICT.

(a) Performance Guarantee Required. The developer of a Shopping Center District shall execute and file with the Municipality financial guarantees in lieu of actual installation and completion of the site improvements as indicated and as approved on the final development plans.

(b) Type of Guarantee. The guarantee may be in the form of a performance or surety bond, a certified check or any other type of paid corporate surety approved by the Law Director and in a form approved by him.

(c) Amount of Guarantee. The financial guarantee shall be in an amount equal to the estimated total cost of materials and labor required to install or construct the site improvements, including parking and loading areas, drives, walks, landscaped courts, malls and yards, outdoor lighting, grading, drainage, and the sanitary sewerage system, in conformance with the final development plan as approved by the Commission. Such costs shall be submitted to and approved by the City Engineer.

(d) Term of Guarantee. The terms of such guarantees shall be determined by Council. However, they shall not be for a longer period than two yards, unless Council by a majority vote extends the time. Bonds shall be executed by the applicant as principal with a paid corporate surety authorized to do business in the State.

(e) Stage Development. If a developer applies for and receives final approval of only a portion of the development plan, the required guarantee shall be in an amount equal to the cost of planned site improvements as listed in subsection (c) hereof of such portion of the proposed development.

(f) Failure to Complete Improvements. In the event the developer fails to complete the installation of all land improvements as listed in subsection (c) hereof, and in conformance with the final development plan as approved, and according to the terms and conditions of the agreement, the City, upon proper notice, may complete the same and appropriate such portion of money or bonds posted for the performance of the work as is necessary for such work.

(Ord. 51-93. Passed 7-19-93.)

1170.22 ISSUANCE OF BUILDING PERMITS FOR SHOPPING CENTER DEVELOPMENT.

Council shall inform the Division of Buildings in writing that the following conditions have been met:

(a) Final development plans have been reviewed and approved by the Planning Commission, the City Engineer, the Director of Public Safety and Council;

(b) Satisfactory performance guarantees are received by the City; and

(c) The sanitary sewerage system has been approved by the Commission, the City Engineer and all other public agencies regulating the same.

One set of prints of the approved final development plans shall be forwarded to the Division of Buildings. Building permits for buildings and uses permitted in a Shopping Center District shall be issued if such buildings and uses conform to the final development plans as approved and if the proposed construction of buildings and uses complies with the Building Code of the City and with all other regulating bodies.

(Ord. 51-93. Passed 7-19-93.)

1170.23 CHANGE OF LAND OR BUILDINGS WITHIN SHOPPING CENTER DISTRICT.

(a) Whenever use of land or buildings is changed or altered at a developed shopping center in a Shopping Center District, five prints of plans showing such change or alteration shall be submitted to the Planning Commission. The Commission shall review such plans to determine whether they are in accordance with the provisions of this chapter. This provision shall be applicable to any developed shopping center in a Shopping Center District, whether or not such shopping center was developed before March 1, 1971. For shopping centers developed after March 1, 1971, the Commission shall determine whether the plans are in accordance with the final development plans as well as the provisions of this chapter.

(b) This section shall not be applicable to an interior alteration of an existing building if the proposed use is permitted within a Shopping Center District.

(Ord. 51-93. Passed 7-19-93.)

1171.01 INTENT.

The Industrial "A" and Research Manufacturing Districts and their regulations are established herein in order to achieve, among others, the following purposes:

(a) To provide in appropriate and convenient districts, sufficient areas for carrying on industrially oriented office and research activities, providing commercial services, manufacturing and distributing goods to serve the community, to promote employment and to strengthen the economy of the community;

(b) To provide appropriate and convenient areas for business, contracting, storage and distribution services, and related types of minor production processes, primarily for businesses which serve other businesses or those which serve infrequent shopping needs;

(c) To improve the general environment by prohibiting dwellings, institutions and public facilities in the Industrial Districts, and by so doing, making land more readily available for industry;

(d) To protect adjacent residential districts by restricting the types of manufacturing uses in the surrounding areas to only those not creating objectionable influences beyond their district boundaries and by separating and insulating them from the most intense manufacturing activities through the provision of landscaped buffer areas;

(e) To protect manufacturing, commercial services and related development against congestion insofar as is possible and appropriate in each area by limiting the bulk of buildings in relation to the land and by providing adequate off-street parking and loading facilities;

(f) To provide a general industrial district for the manufacturing of products and processes which normally require a large land area;

(g) To provide a Research Manufacturing District that allows for commercial service, research and light industrial development; and

(h) To promote the most desirable land uses in accordance with plans recommended or duly approved by the City.

(Ord. 6-94. Passed 9-6-94.)

1171.02 USE REGULATIONS.

Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in Industrial Districts only for the uses set forth for each district, respectively, in the schedules and regulations of this Zoning Code.

(a) The main buildings and uses set forth in the schedule set forth in Section 1171.03 shall be permitted by right as the principal building or use of a zoning lot.

(b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirement or other features, and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council, according to procedures and standards set forth in Chapter 1126 of this Zoning Code.

(c) The accessory buildings and uses set forth in the schedule set forth in Section 1171.03 shall be permitted as a subordinate building or use if they are planned and developed integrally therewith, clearly incident thereto and located on the same zoning lot as the main building or use.

(d) A building designed and constructed as a residence cannot be occupied, in whole or in part, by another use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and the site plan, and must be made to conform to all requirements of the Building Code pertaining to structures permitted in Industrial Districts.

(e) Existing residences not permitted as of right within any Industrial District shall be construed as nonconforming uses.

(f) A lot occupied by a structure containing a dwelling unit shall not be occupied by any other main uses permitted herein or an accessory use other than accessory to the dwelling.

(g) New constructed dwellings of all types shall be prohibited in all Industrial Districts.

(Ord. 6-94. Passed 9-6-94.)

1171.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.

The following schedule enumerates all main, conditional and accessory buildings and uses which are permitted in the Industrial "A" and Research Manufacturing Districts.

Those buildings and uses which are permitted and regulated as main, conditional and accessory uses in a given Industrial District are designated by an "M", "C" or "A", respectively, placed opposite the use and in the columns under the districts in which such use is permitted.

SCHEDULE OF PERMITTED BUILDINGS AND USES
FOR INDUSTRIAL DISTRICTS

	ZONING DISTRICT
PERMITTED BUILDINGS AND USES	INDUSTRIAL "A"	RESEARCH MANUFACTURING
(a) Manufacturing of the following products and processes:
(1) Aircraft and automotive.	M
(2) Chemicals (household and industrial).	M
(3) Electric products and equipment.	M
(4) Heating and plumbing equipment.	M
(5) Metal products, including business machines, instruments, agricultural machinery, fabrication of cabinets and furniture, stamping and extrusion of small parts.	M
(6) Paper and plastic products.	M
(7) Tools and hardware, including hand tools, cutlery, die and pattern making; other small machine shops.	M
(8) Wood products, including furniture, boxes and crates.	M	M
(9) Musical, medical and scientific instruments and appliances; business machines.	M	M
(10) Domestic electrical equipment.	M	M
(11) Hand tools, cutlery and kitchen utensils.	M	M
(12) Metal furniture.	M	M
(13) Cameras, watches and clocks.	M	M
(14) Cosmetics and drugs.	M	M
(15) Toys, sporting goods and athletic equipment.	M	M
(16) Clothing and other textiles.	M	M
(b) Industrial service shops, including:
(1) Contractors	M	M
(2) Plumbing	M	M
(3) Heating, venting and air conditioning	M	M
(4) Painting	M	M
(5) Landscaping	M
(6) Ornamental iron	M
(7) Upholstering	M
(8) Monument works	M
(9) Welding shops	M
(c) Warehouses, including self-storage facilities2 and wholesale establishments, but excluding truck terminals.	M	M
(d) Food and drink establishments; bakeries; creameries; ice manufacturing establishments; soft drink bottling establishments; wineries.	M
(e) Laboratories, including research, experimental and testing.	M	M
(f) All types of printing, engraving, binding and publishing establishments.	M	M
(g) Public or private utilities.	M	M
(h) Offices and training schools of a private, technical or professional nature.	M	M
(i) Indoor storage and sale of building materials.	M	M
(j) Outdoor storage of materials in side or rear yards, but not within fifty feet of street or residence district boundary line. Such storage shall be screened completely from public view by landscaping or a close-boarded fence.	M	M
(k) Heliports.	C1	C1
(l) Accessory buildings and uses.	A	A
(m) Off-street parking and loading.	A	A
(n) Signs.	A	A
(o) Maintenance/storage facilities within wholly enclosed buildings.	A	A
(p) Employee lunch rooms.	A	A
(q) Child care.	A	A
(r) Exercise or physical therapy room.	A	A
(s) Incineration facilities within an approved structure.	A	A
(t) Marijuana cultivation facilities, processing facilities, testing laboratories, and dispensaries.4	M

1 See Chapter 1166 for specific conditions on Heliports.

2 See Section 1170.03(h)(3) for specific conditions on self-storage facilities.

3 See Section 1170.03(i)(3) for specific condition on storage facilities related to a main use, not including self-storage facilities.

4 See R.C. § 3796.30 for activities prohibited near schools, churches, libraries, playgrounds, or parks relating to state licensed marijuana cultivation facilities, processing facilities, testing laboratories, and dispensaries.

(Ord. 6-94. Passed 9-6-94; Ord. 66-17. Passed 6-5-17; Ord. 187-2020. Passed 1-19-21 ; Ord. 29-24. Passed 4-15-24.)

1171.04 SIMILAR USES.

Any industrial or office use not listed specifically in Section 1171.03 may be permitted if such use complies with the performance regulations set forth in Section 1171.08 and is judged to be similar in nature to the uses specifically listed in Section 1171.03.

The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found to be similar shall thereafter be included in the enumeration of uses permitted by right.

Such similar uses or buildings not specifically listed in Section 1171.03 must first be submitted in application form to the Planning Commission and after approval by it, confirmed by Council in compliance with the following standards:

(a) That such a use is not listed in any other classification of permitted buildings or uses;

(b) That such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to any other classification;

(c) That such a use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and

(d) That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.

(Ord. 6-94. Passed 9-6-94.)

1171.05 LOT AREA, WIDTH AND COVERAGE REQUIREMENTS.

(a) The area and width of a zoning lot shall not be less than the area required as set forth in the following schedule.

(b) The percentage of lot covered by permitted buildings in an Industrial District shall not exceed that set forth in the following schedule:

SCHEDULE OF LOT AREA, WIDTH AND COVERAGE REQUIREMENTS

ZONING DISTRICT	MINIMUM LOT SIZE		MAXIMUM LOT COVERAGE
ZONING DISTRICT	AREA	WIDTH	MAXIMUM LOT COVERAGE
Industrial "A"	10 acres	400 feet	20%
Research Manufacturing	2 acres	150 feet*	25%
* Minimum lot width is measured at the building line with frontage on a public street.

(Ord. 6-94. Passed 9-6-94.)

1171.06 YARD AND HEIGHT REGULATIONS.

(a) In an Industrial District, the minimum front, side and rear yards shall be provided on every lot occupied by a main, conditional or accessory building or use in accordance with the schedule set forth in Section 1171.07.

(b) The height of a main, conditional or accessory building or use shall not exceed the number of feet or stories set forth in the schedule set forth in Section 1171.07.

(c) The above required front and side yards shall not be used for off-street parking or loading facilities and shall be landscaped appropriately and well maintained.

(Ord. 6-94. Passed 9-6-94.)

1171.07 SCHEDULE OF YARD AND HEIGHT REGULATIONS.

			MINIMUM REQUIRED YARD SETBACK ADJACENT TO RESIDENTIAL DISTRICT		SETBACK NOT ADJACENT TO RESIDENTIAL DISTRICT		MAXIMUM HEIGHT (stories or ft.)
ZONING DISTRICT	USES	FRONT (ft.)	SIDE (ft.)	REAR (ft.)	SIDE	REAR
Industrial "A"	(a) Industrial service shops, including:
	(1) Contractors	10	10	10	-	-	None1
	(2) Plumbing	10	10	10	-	-	None1
	(3) Heating, ventilation and air conditioning	10	10	10	-	-	None1
	(4) Painting	10	10	10	-	-	None1
	(5) Landscaping	10	10	10	-	-	None1
	(6) Ornamental iron	10	10	10	-	-	None1
	(7) Upholstering	10	10	10	-	-	None1
	(8) Monument works	10	10	10	-	-	None1
	(9) Welding shops	10	10	10	-	-	None1
	(10) Warehouses, including self-storage facilities and wholesale establishments, but excluding truck terminals.	10	10	10	-	-	None1
	(11) Food and drink establishments; bakeries; creameries; ice manufacturing establishments; soft drink bottling establishments; wineries.	10	10	10	-	-	None1
	(12) Laboratories, including research, experimental and testing.
	(13) All types of printing, engraving, binding and publishing establishments.	10	10	10	-	-	None1
	(14) Marijuana cultivation facilities, processing facilities, testing laboratories, and dispensaries	10	10	10	-	-	None1
	All other permitted uses	150	50	100	-	-	None1
Research Manufacturing	All permitted main, conditional and accessory uses	60	60	75	30 unless side yard abuts street, then set-back is 40	40	25 ft. except that service towers, chimneys, flagpoles and similar features may exceed this height limit, provided that they do not occupy more than 10% of the horizontal roof area.

1 Notes: For current height regulations, see Chapter 1185 and specific height standard on City Zoning District Map. Current height standards range from 35 to 100 ft.

** Setback is measured from the centerline of the road.

*** For side yards abutting a road, the side yard shall be not less than the setbacks established for buildings on that land.

(Ord. 6-94. Passed 9-6-94; Ord. 66-17. Passed 6-5-17; Ord. 187-2020. Passed 1-19-21; Ord. 29-24. Passed 4-15-24.)

1171.08 PERFORMANCE STANDARDS.

Main, conditional and accessory buildings and uses enumerated in Section 1171.03 shall comply with the following performance standards as a condition precedent to their occupancy and use, in addition to the requirement that a conditional use permit is approved for buildings or uses adjacent to a Residence District:

(a) Enclosed Buildings.

(1) In the Industrial "A" District, all business, service, storage and manufacturing operations shall be conducted, and all materials used in their operations shall be contained, wholly within enclosed buildings, or enclosed by a solid wall or fence of such nature and height as to conceal completely all operations thereof and all material therein from any observer's view, if that observer is standing at the grade level on an adjacent residential premises.

(2) In the Research Manufacturing District, all uses shall be conducted wholly within enclosed buildings, except where otherwise provided in this chapter.

(b) Fire and Explosive Hazards. The storage, handling and use of highly combustible or explosive materials shall be permitted only in structures having incombustible exterior walls.

(c) Waste Materials. Solid wastes shall be stored in buildings or sealed containers and disposed of at reasonable intervals so as not to create a fire or safety hazard. No liquid wastes shall be discharged into the storm water system or natural watercourse or ditch. No wastes containing chemicals, grease or other matter which could be harmful to the sewers or treatment process shall be discharged into the sanitary sewer system.

(d) Atmospheric Pollution. The emission of smoke, soot, fly ash, dust or gases shall be restricted by the use of appropriate equipment so as not to be injurious or detrimental to property, vegetation, animals or human health beyond the boundaries of the lot.

(e) Glare and Heat. Any operation producing intense glare or heat shall be performed within an enclosed building or screened in such manner as not to be directly visible at any residential line or a public street to a person standing at ground level.

(f) Odors. The emission of objectionable odors beyond the lot line is prohibited.

(g) Noise. The noise from any individual operation shall be restricted by soundproof walls or other means so as not to exceed the average intensity of the street traffic noise at any adjoining residential or business district boundary.

(h) Vibration. Operations which create earth-shaking vibrations which would be perceptible without the aid of instruments in any residence district are not permitted.

(i) Radioactive or Electrical Disturbance. Radioactive or electrical disturbances which could adversely affect the operation of any equipment beyond the boundaries of the lot shall not be created.

(j) Lighting. Sources of light for the spotlighting or floodlighting of buildings or grounds shall be shielded so as not to be directly visible to adjacent properties or public streets.

(Ord. 6-94. Passed 9-6-94.)

1171.09 OFF-STREET PARKING AND LOADING REGULATIONS.

Off-street parking and loading in any of the Industrial Zoning Districts shall be in accordance with the regulations set forth in Chapter 1197 of this Planning and Zoning Code.

(Ord. 6-94. Passed 9-6-94.)

1171.10 HELIPORT REGULATIONS.

Heliport facilities are conditionally permitted uses in the Industrial Districts and must meet all of the requirements of Chapters 1123, 1126 and 1166 of this Planning and Zoning Code.

(Ord. 6-94. Passed 9-6-94.)

1171.11 LANDSCAPING REGULATIONS.

(a) All portions of a lot which are not improved shall be landscaped or maintained in an orderly natural state.

(b) In addition to the aforementioned yard and lot area requirements, a screen of deciduous and evergreen trees and shrubs sufficient to create a year-round visual barrier shall be planted and maintained between any development permitted in any Industrial District and any adjoining Residence District in accordance with the layout plans approved by the City Planning Commission and in accordance with the screening and buffering regulations of Chapter 1199 of this Planning and Zoning Code.

(d) All requirements contained in subsections (a), (b) and (c) hereof must be fully complied with before a certificate of occupancy is issued by the Building Commissioner.

(Ord. 6-94. Passed 9-6-94.)

1171.12 DEVELOPMENT PLANS REQUIRED.

(a) Preliminary and final site development plans, as required by Chapter 1105 of this Planning and Zoning Code, are required for all proposed new buildings or developments in any of the Industrial Zoning Districts.

(b) The Planning Commission shall establish that the performance standards outlined in Section 1171.08 will be complied with before approving the plans. Drawings and a report adequate to show that the proposed development will comply with such performance standards shall be submitted.

(c) In addition to the above requirements, the preliminary and final site development plans shall show the layout of the proposed system of drives and other facilities for circulation of vehicular and pedestrian traffic, including delivery trucks; details for connections to present streets; type of pavement; and locations of sidewalks, crosswalks and walkways.

(d) No use or occupancy shall be permitted until the development for which a building permit has been issued is completed and an occupancy certificate is obtained from the Building Commissioner, as provided in the Building Code.

(Ord. 6-94. Passed 9-6-94.)

1175.01 INTENT.

The intent of this chapter is to:

(a) Provide districts for commercial, research and light industrial development in accordance with a general plan.

(b) Prohibit all residential and other inappropriate uses.

(d) Protect adjoining residential and business districts by the application of performance standards and provision of landscaped buffer zones.

(e) Ensure that adequate provision is made for off-street parking and loading.

(Ord. 53-61. Passed 4-17-61.)

1175.02 PERMITTED USES.

The following uses only are permitted, provided they conform with the performance standards set forth in Section 1175.09:

(a) Main Uses.

(1) Indoor storage and sale of building materials.

(2) Wholesale warehouses.

(3) Outdoor storage of materials in side or rear yards, but not within fifty feet of a street or residence district boundary line. Such storage shall be screened completely from public view by landscaping or a close-boarded fence.

(4) Public or private utilities.

(5) Offices.

(6) Laboratories for research and testing.

(7) Manufacture of the following:

A. Musical, medical and scientific instruments and appliances; business machines.

B. Domestic electrical equipment.

C. Hand tools, cutlery and kitchen utensils.

D. Wood and metal furniture.

E. Cameras, watches and clocks.

F. Cosmetics and drugs.

G. Toys, sporting goods and athletic equipment.

H. Clothing.

(8) Printing, publishing and engraving.

(b) Similar Uses. Any other main use which is found by the City Planning Commission to be of a character and extent similar to any of the uses listed in subsection (a) hereof if such use will comply with the requirements of this chapter in all other respects.

(c) Accessory Uses. The following accessory uses shall be permitted, provided they are located on the same lot as the main use:

(1) Parking and loading facilities in addition to those required by Sections 1175.07 and 1175.08, provided they conform in all other respects with such sections.

(2) Signs, as regulated by Chapter 1196.

(3) Incineration facilities, provided the incinerator is enclosed within an approved structure.

(4) Any other accessory use customarily incident to a main use permitted in a Research Manufacturing District.

(Ord. 53-61. Passed 4-17-61; Ord. 157-22. Passed 9-18-23.)

(d) Prohibited Uses. Public facilities, nursing homes and residences of all types shall be prohibited.

(Ord. 15-90. Passed 2-20-90.)

1175.03 LOT SIZE AND COVERAGE.

(a) Required Lot Area. The area of any lot shall be a minimum of two acres with a minimum frontage of 150 feet measured at the building line, which frontage shall be on a public right-of-way, except that lots fronting onto a street existing at the time of the adoption of this chapter (Ordinance 53-61, passed April 17, 1961) shall have a minimum frontage of 200 feet.

(b) Percentage of Lot Coverage. Not more than twenty-five percent of the area of any lot shall be covered with buildings.

(Ord. 53-61. Passed 4-17-61.)

1175.04 BUILDING HEIGHT LIMIT.

No building shall exceed thirty-five feet or two stories in height; except that service towers, chimneys, flagpoles and similar features may exceed this height provided they do not occupy more than ten percent of the horizontal roof area.

(Ord. 53-61. Passed 4-17-61.)

1175.05 YARDS REQUIRED.

Each lot shall have front, side and rear yards with the following minimum widths or depths.

(a) Front Yard. Sixty feet.

(b) Two Side Yards. Thirty feet each, except that lots fronting onto a street existing at the time of the adoption of this chapter (Ordinance 53-61, passed April 17, 1961) shall have side yards of not less than forty feet in width, and where adjoining a Residence District or public street, the side yard shall be not less than sixty feet in width.

(c) Rear Yard. Forty feet, except that where adjoining a residence district, the rear yard shall be not less than seventy-five feet in depth.

(Ord. 53-61. Passed 4-17-61.)

1175.06 LANDSCAPING REQUIRED.

(a) All portions of a lot which are not improved shall be landscaped or maintained in an orderly natural state.

(b) In addition to the aforementioned yard and lot area requirements, a screen of deciduous and evergreen trees and shrubs sufficient to create a year-round visual barrier shall be planted and maintained between any development permitted in a Research Manufacturing District and any adjoining residence district in accordance with the layout plan approval by the City Planning Commission.

(c) All requirements contained in subsection (b) hereof must be fully complied with before a certificate of occupancy is issued by the Building Commissioner.

(Ord. 53-61. Passed 4-17-61.)

1175.07 OFF-STREET PARKING FACILITIES.

(a) Off-street parking facilities, located on the same lot as the main building or use served, shall be provided for each building which is erected, enlarged or altered for any use permitted by Section 1175.02

(b) One space shall be provided for each two employees plus adequate additional spaces for visitors. The number of employees shall be construed as the sum of the two largest successive shifts if there are more than one, or, if there is only one shift, the maximum number of employees on the site at any one time.

(Ord. 53-61. Passed 4-17-61.)

(c) No parking shall be permitted in either a required front yard or a required rear yard when such rear yard is adjacent to a residential district, nor within fifty feet of a street line in any other yard, nor within ten feet of any side or rear property line not abutting a residential district.

(Ord. 312-89. Passed 10-2-89.)

(d) All parking areas and driveways shall be surfaced in accordance with the standards of the Department of Engineering and shall be graded so that water shall not drain onto any adjoining property. Bumper guards shall be provided to establish the limits of the parking area.

(e) Access driveways shall not be closer than sixty feet between center lines. The center line of a driveway on a corner lot shall not be closer than forty feet to the intersecting street line. The width of driveways shall conform to the following schedule:

	Width (Feet)
Number of Lanes	Minimum	Maximum
One	10	18
Two	12	24
Three	27	33

The junction of the driveway with the street pavement shall be extended on each side on a radius of at least fifteen feet to form an apron. The maximum curb cut shall be limited to the width of the driveway plus the radii of the apron.

The intersection between a driveway and a sidewalk shall be designed so that there is no difference in level between them.

(Ord. 53-61. Passed 4-17-61.)

1175.08 OFF-STREET LOADING FACILITIES.

(a) Loading facilities shall be located on the same lot as the main building or use served but not within a front yard nor less than fifty feet from a residence district or a street line.

(b) An off-street loading space shall be provided for each main building or use served, as follows:

	Minimum Loading Space (Feet)
Gross Building Area (Square Feet)	Length	Width
Up to 10,000	25	12
Above 10,000	50	12

The required areas shall be exclusive of aisle and maneuvering space.

(c) Space required and allocated for off-street loading shall not be allocated or used to satisfy the space requirements for required off-street parking and shall not be used for repairing or servicing of motor vehicles. Overnight parking of trucks in the process of loading and unloading is permitted in loading spaces.

(d) Off-street loading spaces shall be provided with surface improvements as required for parking areas in Section 1175.07(d).

(Ord. 53-61. Passed 4-17-61.)

1175.09 PERFORMANCE STANDARDS.

Any use established or changed in a Research Manufacturing District after the effective date of this chapter (Ordinance 53-61, passed April 17, 1961) shall comply with the performance standards set forth hereinafter. These standards shall not be construed as exempting a developer from any other laws or requirements of the City or other jurisdiction.

(a) Enclosed Buildings. All uses shall be conducted wholly within enclosed buildings except where otherwise provided in this chapter.

(b) Fire and Explosive Hazards. The storage, handling and use of highly combustible or explosive materials shall be permitted only in structures having incombustible exterior walls.

All buildings and materials shall be accessible to fire-fighting equipment.

(c) Waste Materials. Solid wastes shall be stored in buildings or sealed containers and disposed of at reasonable intervals so as not to create a fire or safety hazard.

No liquid wastes shall be discharged into the storm water system or natural watercourse or ditch.

No wastes containing chemicals, grease or other matter which could be harmful to the sewers or treatment process shall be discharged into the sanitary sewer system.

(f) Odors. The emission of objectionable odors beyond the lot lines is prohibited.

(h) Vibration. Operations which create earth-shaking vibrations which would be perceptible without the aid of instruments in any residence district are not permitted.

(i) Radioactive or Electrical Disturbance. Radioactive or electrical disturbances which could adversely affect the operation of any equipment beyond the boundaries of the lot shall not be created.

(j) Lighting. Sources of light for the spotlighting or floodlighting of buildings or grounds shall be shielded so as not to be directly visible to adjacent properties or public streets.

(Ord. 53-61. Passed 4-17-61.)

1175.10 SIGNS. (REPEALED)

(EDITOR'S NOTE: Section 1175.10 was repealed by Ordinance 311-89, passed October 2, 1989.)

1175.11 APPLICATION PROCEDURE.

(a) Subdivision Plans. A tentative sketch and a record map shall be submitted for each new subdivision as required by the Subdivision Regulations (Title One of this Part Eleven - Planning and Zoning Code).

(b) Development Plans. The following plans for each lot shall also be submitted to the City Planning Commission for approval before a building permit will be issued:

(1) A property line and topographic survey showing the land owned and proposed for development.

(2) Abutting streets and the adjoining lots with any buildings thereon.

(3) The Commission shall establish that the performance standards outlined in Section 1175.09 will be complied with before approving the plans. Drawings and a report adequate to show that the proposed development will comply with such performance standards shall be submitted.

(4) Buildings proposed, including the locations, size, heights and use of all main and accessory buildings and the general design and color.

(5) Layout of the proposed system of drives for circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement.

(6) Parking areas, including the layout and proposed number of spaces, surface drainage, type of pavement, location and type of lighting fixtures.

(7) Utilities, including plans for all utility installations and off-site connections.

(8) Other site improvements, including grading, drainage and design of landscaped yards, planting areas and buffer strips adjoining residential areas.

(9) The size, location and nature of outdoor signs.

(10) The scale of drawings shall be at least 100 feet to the inch or larger, as the Commission may require.

(c) Building Permits. Upon approval of the development plan by the Commission, the developer may apply for a building permit.

(d) Time Limit on Planning Approval. Failure to begin the construction of the development within one year after Commission approval shall void the approval unless an extension of time is granted by the Commission.

(e) Occupancy. No use or occupancy shall be permitted until the development for which a building permit has been issued is completed and an occupancy certificate is obtained from the Building Commissioner as provided in the Building Code.

(Ord. 53-61. Passed 4-17-61.)

1177.01 INTENT; PURPOSE.

The Industrial Park District and its regulations are established herein in order to achieve, among others, the following purposes:

(a) To provide appropriate and convenient Industrial Park Districts with sufficient areas for carrying on industrially oriented office and research activities, providing commercial services, manufacturing and distributing goods to serve the community, to promote employment and to strengthen the economy of the community;

(c) To improve the general environment by prohibiting dwellings, institutions and public facilities in the Industrial Park District, and by so doing, making land more readily available for industry;

(f) To provide for those uses which do not create a substantial amount of noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences.

(g) To provide an environment for a well organized and developed industrial park which will encourage and promote industrial growth in the City in an attractive setting; and

(h) To promote the most desirable land uses in accordance with plans recommended or duly approved by the City.

(Ord. 73-97. Passed 4-7-97.)

1177.02 USE REGULATIONS.

The buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in the Industrial Park District, only for the uses set forth in the schedules and regulations of this Zoning Code.

(a) The main buildings and uses set forth in the schedule set forth in Section 1177.03 shall be permitted by right as the principal building or use of a zoning lot.

(b) The accessory buildings and uses set forth in the schedule set forth in Section 1177.03 shall be permitted as a subordinate building or use if they are planned and developed integrally therewith, clearly incident thereto and located on the same zoning lot as the main building or use.

(c) Residences and dwellings of all types, and retail sales establishments, shall be prohibited in the Industrial Park District.

(Ord. 73-97. Passed 4-7-97; Ord. 57-01. Passed 7-16-01.)

1177.03 PERMITTED BUILDINGS AND USES.

The following schedule enumerates all main, conditional and accessory buildings and uses which are permitted in the Industrial Park District. Those buildings and uses which are permitted and regulated as main, conditional and accessory uses are designated by an "M", "C" or "A."

SCHEDULE OF PERMITTED BUILDINGS AND USES IN INDUSTRIAL PARK DISTRICTS

PERMITTED BUILDINGS AND USES	USE CLASSIFICATION
(a) Manufacturing of the following products and processes:
(1) Aircraft and automotive.	M
(2) Chemicals (household and industrial).	M
(3) Electric products and equipment, including microprocessors, electronic circuitry and related materials.	M
(4) Heating and plumbing equipment.	M
(5) Metal products, including business machines, instruments, agricultural and industrial machinery, fabrication of cabinets and furniture, stamping and extrusion of small parts.	M
(6) Paper and plastic products, including relate equipment.	M
(7) Tools and hardware, including hand tools, cutlery, die and pattern making; other small machine shops.	M
(8) Wood products, including furniture boxes and crates.	M
(9) Musical, medical and scientific instruments and appliances; business machines.	M
(10) Electrical equipment.	M
(11) Hand tools, cutlery and kitchen utensils.	M
(12) Metal furniture.	M
(13) Cameras, watches and clocks.	M
(14) Cosmetics and drugs, including pharmaceutical materials.	M
(15) Toys, sporting goods and athletic equipment.	M
(16) Clothing and other textiles.	M
(b) Industrial service shops, including:
(1) Contractors.	M
(2) Plumbing.	M
(3) Heating, venting and air conditioning.	M
(4) Painting.	M
(5) Landscaping.	M
(6) Ornamental iron.	M
(7) Upholstering.	M
(8) Monument works.	M
(9) Welding shops.	M
(c) Food and drink establishments; bakeries; creameries; ice manufacturing establishments; soft drink bottling establishments; wineries.	M
(d) Laboratories, including research, experimental and testing.	M
(e) All types of printing, engraving, binding and publishing establishments.	M
(f) Public or private utilities.	M
(g) Outdoor storage of materials in side or rear yards, but not within fifty feet of street or residence district boundary line. Such storage shall be screened completely from public view by landscaping or a close-boarded fence.	M
(h) Warehouses, including self-storage facilities2 and wholesale establishments, but excluding truck terminals.	M
(i) Heliports.	C1
(j) Office buildings:
(1) Administrative; executive; financial, governmental; professional, including medical laboratories and clinics.	M
(2) Sales offices including telephone call centers.	M
(k) Marijuana cultivation facilities, processing facilities, testing laboratories, and dispensaries.4	M
(l) Off-street parking and loading facilities.	A
(m) Signs.	A
(n) Maintenance/storage facilities3 within wholly enclosed buildings.	A
(o) Employee lunchrooms.	A
(p) Exercise or physical therapy rooms.	A
(q) Incineration facilities within an approved structure.	A
(r) Day-care facilities.	C or A

1 See Chapter 1173 for specific conditions on Heliports.

2 See Section 1170.03(h)(3) for specific conditions on Self-Storage Facilities.

3 See Section 1170.03(i)(3) for specific conditions on storage facilities related to a Main Use, not including Self-Storage Facilities.

4 See R.C. § 3796.30 for activities prohibited near Schools, Churches, Libraries, Playgrounds, or Parks relating to state licensed marijuana cultivation facilities, processing facilities, testing laboratories, and dispensaries.

(Ord. 73-97. Passed 4-7-97; Ord. 57-01. Passed 7-16-01; Ord. 46-03. Passed 3-31-03; Ord. 66-17. Passed 6-5-17; Ord. 187-2020. Passed 1-19-21; Ord. 29-24. Passed 4-15-24.)

1177.04 SIMILAR USES.

Any industrial or office use not listed specifically in Section 1177.03 may be permitted if such use complies with the performance regulations set forth in Section 1177.07 and is judged to be similar in nature to the uses specifically listed in Section 1177.03.

The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found to be similar shall thereafter be included in the enumeration of uses permitted by right.

Such similar uses or buildings not specifically listed in Section 1177.03 must first be submitted in application form to the Planning Commission and, after approval by it, confirmed by Council in compliance with the following standards:

(a) That such a use is not listed in any other classification of permitted buildings or uses;

(b) That such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to any other classification;

(d) That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.

(Ord. 73-97. Passed 4-7-97.)

1177.05 LOT AREA, WIDTH AND COVERAGE REQUIREMENTS.

(a) The area and width of a zoning lot shall not be less than the area required as set forth in the following schedule.

(b) The percentage of lot covered by permitted buildings in an Industrial Park District shall not exceed that set forth in the following schedule:

SCHEDULE OF LOT AREA, WIDTH AND COVERAGE REQUIREMENTS

ZONING DISTRICT	MINIMUM LOT SIZE		MAXIMUM LOT COVERAGE
	AREA	WIDTH
Industrial Park District	2 acres	200 ft.*	40%

* Minimum lot width is measured at the building line with frontage on a public street.

(c) The maximum lot coverage for all buildings and structures, including parking lot areas, off-street loading areas, access roads, driveways and walkways, and other impervious surface areas, shall not exceed seventy-five percent of the total lot area.

(Ord. 73-97. Passed 4-7-97.)

1177.06 YARD AND HEIGHT REGULATIONS.

(a) In an Industrial Park District, the minimum front, side and rear yards shall be provided on every lot occupied by a main, conditional or accessory building or use in accordance with the schedule set forth below.

(b) The height of a main, conditional or accessory building or use shall not exceed the number of feet or stories set forth in the schedule set forth below.

(c) The above-required front and side yards may be used for off-street parking or loading facilities subject to the required setbacks for such off-street parking or loading facilities and shall be landscaped appropriately and well maintained.

SCHEDULE OF YARD AND HEIGHT REGULATIONS

Yard and height regulations in the Industrial Park District shall be as set forth in the following schedule:

		MINIMUM SETBACK FOR BUILDING	MINIMUM SETBACK FOR BUILDING ADJACENT TO RESIDENTIAL DISTRICT		MINIMUM SETBACK FOR BUILDING NOT ADJACENT TO RESIDENTIAL DISTRICT		MINIMUM SETBACK FOR OFF-STREET PARKING AND LOADING LOT ADJACENT TO RESIDENTIAL DISTRICT			MAXIMUM HEIGHT (ft.)
ZONING DISTRICT	USES	FRONT (ft.)	SIDE (ft.)	REAR (ft.)	SIDE (ft.)	REAR (ft.)	FRONT (ft.)	SIDE (ft.)	REAR (ft.)	LOT ADJACENT TO RESIDENTIAL DISTRICT	LOT NOT ADJACENT TO RESIDENTIAL DISTRICT
Industrial Park	All permitted main, conditional, and accessory uses.	50	60	75	30	30	50	10	10	40 except that service towers, chimneys, flagpoles, and similar features may exceed this height limit, provided that they do not occupy more than 10% of the horizontal roof area.	50 except that service towers, chimneys, flagpoles, and similar features may exceed this height limit, provided that they do not occupy more than 10% of the horizontal roof area.

(a) Setback is measured from right-of-way line for front yards.

(b) Corner lots will be treated as though they have two front yards.

(Ord. 73-97. Passed 4-7-97.)

1177.07 PERFORMANCE STANDARDS.

Main, conditional and accessory buildings and uses enumerated in Section 1177.03 shall comply with the following performance standards as a condition precedent to their occupancy and use, in addition to the requirement that a conditional use permit is approved for buildings or uses adjacent to a residence district:

(a) Enclosed Buildings. In the Industrial Park District, all business, service, storage and manufacturing operations shall be conducted, and all materials used in their operations shall be contained, wholly within enclosed buildings, or enclosed by a solid wall. Upon approval of the Planning Commission, based upon the surrounding conditions of the site and the surrounding circumstances, outside storage material may be contained within a fence or landscaped buffer of such nature and height as to conceal completely all operations thereof and all material therein from any observer's view, if that observer is standing at the grade level on an adjacent residential premises or public street.

(b) Fire and Explosive Hazards. The storage, handling and use of highly combustible or explosive materials shall be permitted only in structures having incombustible exterior walls.

(e) Glare and Heat. Any operation producing intense glare or heat shall be performed within an enclosed building or screened in such a manner as not to be directly visible at any residential line or a public street to a person standing at ground level.

(f) Odors. The emission of objectionable odors beyond the lot line is prohibited.

(h) Vibration. Operations which create earth-shaking vibrations which would be perceptible without the aid of instruments in any residence district are not permitted.

(i) Radioactive or Electrical Disturbance. Radioactive or electrical disturbances which could adversely affect the operation of any equipment beyond the boundaries of the lot shall not be created.

(j) Lighting. Sources of light for the spotlighting or floodlighting of buildings or grounds shall be shielded so as not to be directly visible to adjacent residential properties.

(Ord. 73-97. Passed 4-7-97.)

1177.08 OFF-STREET PARKING AND LOADING REGULATIONS.

Off-street parking and loading in the Industrial Park District shall be in accordance with the regulations set forth in Chapter 1197 of this Planning and Zoning Code.

(Ord. 73-97. Passed 4-7-97.)

1177.09 HELIPORT REGULATIONS.

Heliport facilities are conditionally permitted uses in the Industrial Park District and must meet all of the requirements of Chapters 1126 and 1166 of this Planning and Zoning Code.

(Ord. 73-97. Passed 4-7-97.)

1177.10 LANDSCAPING REGULATIONS.

(a) All portions of a lot which are not improved shall be landscaped or maintained in an orderly natural state.

(b) In addition to the aforementioned yard and lot area requirements, a screen of deciduous and evergreen trees and shrubs sufficient to create a year-round visual barrier shall be planted and maintained between any development permitted in any Industrial Park District and any adjoining residence district in accordance with the layout plans approved by the City Planning Commission and in accordance with the screening and buffering regulations of Chapter 1199 of this Planning and Zoning Code.

(d) All requirements contained in subsections (a), (b) and (c) hereof must be fully complied with before a certificate of occupancy is issued by the Building Commissioner.

(Ord. 73-97. Passed 4-7-97.)

1177.11 DEVELOPMENT PLANS REQUIRED; LOT SPLITS.

(a) Subject to the provisions of subsection (d) hereof, the Planning Commission shall establish that the performance standards outlined in Section 1177.07 shall be complied with before approving the plans. Drawings and a report adequate to show that the proposed development will comply with such performance standards shall be submitted.

(b) Subject to the provisions of subsection (d) hereof, the preliminary and final site development plans as required by Chapter 1105 shall show the layout of the proposed system of drives and other facilities for circulation of vehicular and pedestrian traffic, including delivery trucks; details for connections to present streets; the type of pavement; and locations of sidewalks, crosswalks and walkways.

(c) No use or occupancy shall be permitted until the development for which a building permit has been issued is completed and an occupancy certificate is obtained from the Building Commissioner, as provided in the Building Code.

(d) To accommodate the necessary flexibility required to attract industry to the Industrial Park District, the preliminary and final site development plans may indicate lot lines within each industrial park which are subject to change so as to allow smaller or larger lot dimensions than are shown on the preliminary and final site development plans, and the Planning Commission shall approve lot splits requested by a landowner for such smaller or larger lot dimensions, provided that the minimum lot size and width requirements set forth in Section 1177.05 are observed.

(Ord. 73-97. Passed 4-7-97.)

1177.12 OTHER REQUIREMENTS.

Any previously enacted regulations set forth in this Zoning Code shall remain in effect, and this chapter shall not impact or nullify any of its requirements, except where the provisions of this chapter are in express conflict with such requirements, in which case the provisions of this chapter shall prevail.

(Ord. 73-97. Passed 4-7-97.)

1179.01 PURPOSE.

The OS-1 primary open space zoning district regulations are hereby established to achieve the following purposes:

(a) To set aside and protect from over development those areas whose primary purpose is to be open space;

(b) To limit development in areas hazardous to human health;

(c) To provide sufficient space to meet the community's present and prospective needs for relief from the built environment, scenic views, passive recreation and ecological education activities.

(d) To provide protection, preservation and proper maintenance of biologically significant habitat, threatened habitat, and/or areas which contribute to the ecological health of the community including but not limited to forested areas, steep slopes, wetlands, watercourses and floodplains; and

(e) Protection and enhancement of property values.

(Ord. 224-99. Passed 10-16-00.)

1179.02 REGULATIONS GENERALLY.

No building or improvement or portion thereof shall be erected, constructed, converted, altered or enlarged, nor shall land be used in the OS-1 zoning district except for one or more of the uses listed in this chapter and subject o the terms and conditions of this chapter, and all other applicable provisions of this title.

(Ord. 224-99. Passed 10-16-00.)

1179.03 PERMITTED USES.

The following uses are permitted as of right in the OS-1 zoning district:

(a) Forests and woodlands;

(b) Wetlands and marshes;

(d) Meadows;

(e) Wildlife sanctuaries, preserves;

(f) Passive recreation areas and landscaped areas.

(Ord. 224-99. Passed 10-16-00.)

1179.04 USES PERMITTED SUBJECT TO USE PERMIT.

The following uses are permitted in the OS-1 zoning district subject to the issuance of a use permit:

(a) Reservoirs designed to fit within the natural environment;

(b) Buffer areas;

(d) Public convenience facilities, including campgrounds, picnic areas, picnic pavilions, barbecues and restrooms;

(e) Active recreation facilities, including playground equipment;

(f) Service structures, including maintenance buildings, accessory buildings, and related structures;

(g) Improved trails and service roads;

(h) Interpretive facilities, including without limitation a nature center or a nature trail;

(i) Farming and gardening for educational purposes; and

(j) Off street parking areas.

(Ord. 224-99. Passed 10-16-00.)

1179.05 DETERMINATION OF APPROPRIATE USE BY PLANNING COMMISSION.

Whenever a use is not listed in this chapter as a use permitted as of right, the Planning Commission shall determine whether the use is appropriate for the zoning district, or under what conditions a use permit may be approved. In making its determination, the Planning Commission shall find as follows:

(a) That the use would not be incompatible with other existing or allowed uses in the district; and,

(b) That the use would not be detrimental to the continuing preservation and protection of the natural, open space area in which the use would be located or adjacent to; and,

(Ord. 224-99. Passed 10-16-00.)

1179.06 SITE DISTURBANCE.

A minimum of eighty-five percent (85%) of an OS-1 Zoning District shall remain as undeveloped open space and shall be preserved in its natural and undisturbed state.

(Ord. 224-99. Passed 10-16-00.)

1179.07 LOT COVERAGE.

The maximum impervious coverage by buildings, roads, and parking area shall be five percent (5%). Additional percentage may be allowed if approved by the Planning Commission in accordance with the criteria set forth in Section 1179.05(a) to (c) of this Chapter.

(Ord. 224-99. Passed 10-16-00.)

1179.08 MAXIMUM HEIGHT.

The maximum height for any building or structure shall be 25 feet. Additional height may be allowed in accordance with the criteria set forth in Section 1179.05(a) to (c) of this chapter.

(Ord. 224-99. Passed 10-16-00.)

1180.01 PURPOSE.

(a) There exists in the City of Parma parcels of land which have not been developed to their full potential. The development of these areas is limited by current zoning practices which prohibit reuse of property outside of the established category. In order to preserve and promote the best interests of these areas as well as their orderly development, they should be placed in a separate zoning category which would permit contemporary development practices, such as the combining of various uses, such as apartments and other multiple family dwellings, commercial buildings, offices, professional, and/or research buildings.

(b) With a comprehensive and practical mixed use zoning category, the City will be able to protect the desirable characteristics of existing development while promoting stability and beneficial uses of the land.

(Ord. 271-09. Passed 1-4-10.)

1180.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) "Accessory use" shall be defined as a use(s) that is no less than 25% of gross area of building, for purposes of this chapter.

(b) “Assisted living facility” means a residential facility that provides assisted living services including without limitation, personal care, homemaker, chore, attendant care, companion, medication oversight, and therapeutic social and recreational programming. “Assisted living services” shall have the same meaning as Ohio R.C. 5111.89 as it shall be from time to time amended.

(d) "Landscape areas" means those parts of such lot, parcel or site, exclusive of driveways, open parking areas and loading areas, developed with walks, terraces, recreation areas, lawns, shrubs, trees or other plantings.

(e) "Nursing home" means a home used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care and of individuals who require personal care services but not skilled nursing care. A “nursing home” is licensed to provide personal care services and skilled nursing care. “Nursing homes” shall have the same meaning as Ohio R.C. 3721.01 as it shall be from time to time amended.

(f) "Senior citizen living facility" means appropriate dwelling facilities for persons of retirement age in locations convenient to City social and welfare facilities and to shops, public transportation and other needs of the senior citizen. "Persons of retirement age" means individuals who are 55 years of age or older or persons under 55 years of age who are married to persons over that age.

(Ord. 271-09. Passed 1-4-10.)

1180.03 MINIMUM REQUIRED AREA.

The minimum required development area for Mixed Use District A shall be less than one acre. The minimum required development area for Mixed Use District B shall be more than one acre and less than five acres. The minimum required development area for Mixed Use District C shall be five or more acres.

(Ord. 271-09. Passed 1-4-10.)

1180.04 USES PERMITTED.

(a) Mixed Use District A. Any of the uses stated below shall be permitted provided, however, that the plan of the development area meets all of the requirements and restrictions set forth in this Chapter and further provided that the proposed use is approved by the Planning Commission, which shall determine whether it has been integrated into the plan in such a manner as shall promote the intent and purposes of a mixed use development. Each Mixed Use District A shall include a minimum of two uses from the following principal use categories:

(1) Uses permitted in the Office Building District as detailed in Chapter 1170;

(2) Banks and other financial institutions;

(3) Restaurant-freestanding full service;

(4) Restaurant/lounge as an accessory use to the structure;

(5) Sale of books, magazines, newspapers, tobacco products, drugs, flowers, gifts and stationery as an accessory use to the structure;

(6) Barber/beauty shop, travel agency as an accessory use to the structure;

(7) Two family house dwelling and multifamily dwelling as detailed in Chapters 1155 and 1159;

(8) Uses permitted in the Retail Business District as detailed in Chapter 1170.

(b) Mixed Use District B and C. Any of the uses stated below shall be permitted provided, however, that the plan of the development area meets all of the requirements and restrictions set forth in this chapter and further provided that the proposed use is approved by the Planning Commission, which shall determine whether it has been integrated into the plan in such a manner as shall promote the intent and purposes of a mixed use development. Each Mixed Use District B and C shall include uses from a minimum of three uses from the following principal uses categories:

(1) Any of the uses permitted in Chapters 1155 (Two-Family House Dwelling), 1156 (Single- Family Cluster) and 1159 (Multifamily Dwelling), and senior citizen living facilities.

(2) Nursing homes and assisted living facilities.

(3) Commercial/office buildings. Any uses as detailed in Chapter 1170:

(4) Other permitted retail business uses. Any uses as detailed in Chapter 1170.

(5) Religious, educational center and professional uses. The following uses shall be permitted:

A. Hospitals;

B. Non-manufacturing development laboratories;

C. Research laboratories;

D. Academic and professional schools including religious and educational centers which may be a combination of any or all of the above integrated into an overall plan in such a manner as may be approved by the Planning Commission.

(Ord. 271-09. Passed 1-4-10.)

1180.05 DEVELOPMENT REGULATIONS FOR MIXED USE DISTRICT A.

(a) General Setback. Each building shall be located at six to 15 feet from every dedicated street right-of-way and property line of the mixed use development area. Such buildings shall have a minimum six to 15 feet of landscaped area between all property lines, other buildings, public streets, private streets and drives as approved by Planning Commission. The Planning Commission may, however, vary said setback distance if it determines that the intent of this chapter will be adequately met.

(b) Buildings and Structures. Buildings and structures shall be of the size, location, design, and material(s) as the Planning Commission determines shall best accomplish the development of a parcel, or a portion thereof, as appropriate in landscaped surroundings consistent with the spirit and intent of this District.

(d) Residential Buffers. All Mixed Use Developments must comply with Chapter 1199 of the Parma Codified Ordinances. The Planning Commission may however, vary said residential buffers if it determines that the intent of this chapter will be adequately met.

(e) Height. The maximum height within a Mixed Use District A shall not exceed three stories for all permitted uses in the Mixed Use District A.

(f) Utilities. All utilities shall be installed underground.

(Ord. 271-09. Passed 1-4-10.)

1180.06 DEVELOPMENT REGULATIONS FOR MIXED USE DISTRICTS B AND C.

(a) Development Area. "Development area" in Mixed Uses District B and C shall be construed to mean a parcel or parcels of land, meeting the minimum size requirement of Section 1180.03 and under common ownership or control.

(b) Phased Development. A development area in a Mixed Use District may be developed by phases if approved by the Planning Commission,

(c) Streets. Access and interior roads and streets shall be properly related to any existing or planned public street so as to promote safety and minimize traffic congestion. Dedication of interior roads for public use as the Planning Commission shall deem essential shall be a condition of approval of the plan.

(d) Setback.

(1) Buildings. Each building within a development area shall be located 50 feet but not less than the dimension established on the Zone Map or other duly adopted plan of the City, whichever is greater from every right-of-way line and property line of the development area provided, however, that buildings other than single-family, two-family, and/or cluster housing units shall be located at least 75 feet from any property line of any abutting single-family, two-family, and single-family cluster district. Single-family, two-family, and cluster housing units shall be at least 25 feet from any property line.

(2) Parking. Off-street parking shall be located at least 20 feet from any right-of-way and least 50 feet from any Single-Family, Two-Family, and Single-Family Cluster District.

(3) The Planning Commission may, however, vary said setback distance if it determines that the intent of this chapter will be adequately met.

(e) Residential Buffers. All Mixed Use Districts must comply with Chapter 1199 of the Parma Codified Ordinances. The Planning Commission may, however, vary residential buffers if it determines that the intent of this chapter will be adequately met.

(f) Height. The maximum height for buildings or structures within District B and C shall be seven stories.

(g) Density. The maximum density for residential uses within the District shall be 12 units per acre.

(h) Illumination. Lighting of buildings, parking areas and walkways shall be done in such a manner as to prohibit light spillage across property boundary lines and to shield light sources so as not to create glare. A lighting plan showing proposed fixtures, locations, and lumen levels, which shall depict zero foot candles at all lot lines, shall be submitted with detailed development plans.

(i) Access Management. Access and internal traffic patterns for Mixed Use District B and C developments shall be designed to direct traffic to streets suitable and capable of handling the types and volumes of vehicular traffic projected to be generated by the various proposed uses as shown on the preliminary development plan. Traffic control devices and traffic safety improvements shall be incorporated into the development plan as necessary and appropriate to maintain traffic flows and vehicular and pedestrian safety within public rights-of-way. In accordance with this requirement, the developer shall be required to submit to the City, at the time it submits its preliminary land use plan, a deposit in an amount established by rule of the City Engineer to be sufficient for the City to commission an independent study by a traffic engineer to determine the traffic impacts which the proposed development will have upon abutting streets and roads within the City.

(j) Retail Uses. Retail uses shall not occupy more than 50% of the gross floor area of any Mixed Use B and C District.

(k) Utilities. All utilities shall be installed underground.

(Ord. 271-09. Passed 1-4-10.)

1180.07 PARKING.

Parking requirements shall comply with Chapter 1197. The Planning Commission may, however, vary the amount of parking required by up to 25% if the City's Traffic Engineer's report indicates the reduction will not cause congestion or a traffic safety concern. When a reduced parking percent is approved, that additional area shall be preserved as green space. The City Engineer or Planning Commission can, however, require additional parking if and when it is determined that there is congestion or a traffic safety concern.

(Ord. 271-09. Passed 1-4-10.)

1180.08 LANDSCAPING.

The minimum width of landscaped areas shall be 25 feet wide along all property lines. The Planning Commission may, however, vary said green space if it determines that the intent of this chapter will be adequately met.

(Ord. 271-09. Passed 1-4-10.)

1180.09 GREEN SPACE.

A development plan shall include a minimum of 30% of green space. Green spaces shall include all landscaped areas, open spaces for public use (plazas, piazzas, play fields, picnic areas-groves, fountains, green spaces, and 50% of total mowable lawn areas).

(Ord. 271-09. Passed 1-4-10.)

1180.10 PRELIMINARY LAND USE PLAN.

The owner or owners of any parcel(s) of land of the minimum size required by Section 1180.03 may submit to Planning Commission a preliminary land use plan for the use of all of such parcel of land. If such parcel is part of a contiguous undeveloped land belonging to the same owners, the preliminary plan shall include all such undeveloped land. The preliminary plans shall set forth the proposed public streets and areas to be developed to specific land uses.

(Ord. 271-09. Passed 1-4-10.)

1180.11 FINAL DEVELOPMENT PLAN.

(a) Proposal. The owner or owners of any land for which a preliminary land use plan has been approved pursuant to Section 1180.08, may submit a proposal for a final development plan of such land. Any such proposal shall be filed with the City Engineer and shall be submitted to the Planning Commission for its approval. The final development plan shall be accompanied by and supported by development drawings, including site plans indicating specific land uses, location of buildings, off-street parking areas, loading areas, building architectural sketches, preliminary landscape plans, and a preliminary storm water management plan There shall also be submitted data showing the volume of traffic expected to be generated by the development, together with the plan for handling such traffic. When the plan provides for only a partial development of a parcel(s), sufficient planning for the remainder of the parcel shall be submitted to allow for a thorough evaluation of the development of the entire parcel(s).

(b) Planning Commission Approval. Prior to approval of an application for a detailed development plan, the Commission may request such changes in the application as it deems necessary to bring such plan within the spirit of and in keeping with the requirements of this chapter and within the limitations of the preliminary land use plan that has theretofore been approved.

(Ord. 271-09. Passed 1-4-10.)

1180.12 AMENDMENT TO PLANS.

At any time after the approval of the preliminary land use plan or the detailed plan for development, the owner or owners may make a request for an amendment to the Planning Commission or individuals that the Planning Commission deems appropriate to review and approve minor changes.