Saint Bernard City Zoning Code
TITLE SEVEN
Zoning Districts
1141.01 DIVISION INTO DISTRICTS; DESIGNATION.
(a) Division of Village into Districts. For the purpose of this Zoning Ordinance, the Village is hereby divided into eleven categories of zoning districts.
(b) Designation of Districts. The zoning districts are designated as follows:
(1) Residence Districts.
R-1 One-Family Residence District
R-2 One and Two-Family Residence District
R-3 Multi-Family Residence District
R-4 Row-House District
(2) Nonresidence Districts.
B- 1 Neighborhood Business District
B-2 Office District
B-3 Community Business District
B-4 General Commercial District
South Vine Development District
M-1 General Industrial District
M-2 Special Manufacturing District
(Ord. 12-1966. Passed 10-10-66.)
1141.02 ZONING MAP.
The several districts and boundaries are hereby adopted and established as shown on the Zoning Map of St. Bernard, Ohio, which Map, together with all notations, references, data, district boundaries, and other information shown thereon shall be and are hereby made a part of this Zoning Ordinance. The Zoning Map, properly attested, shall be and remain on file in the office of the Clerk of Council.
(Ord. 12-1966. Passed 10-10-66.)
1141.03 DISTRICT BOUNDARIES.
Except where referenced on the Zoning Map to a street or alley line or other designated line by dimensions shown on said Map, the district boundary lines follow lot lines or the center lines of streets or alleys as they existed at the time of the adoption of this Zoning Ordinance; but where a district line obviously does not coincide with the lot lines or such center lines or where it is not designated by dimensions, it shall be determined by scaling.
(Ord. 12-1966. Passed 10-10-66.)
1141.04 LOT DIVIDED; EXTENSION OF DISTRICT.
Where a district boundary established in this chapter or as shown on the Zoning Map divides a lot which was in single ownership at the time of the enactment of this Zoning Ordinance, the use authorized thereon and the other district requirements applying to the least restricted portion of said lot under this Zoning Ordinance shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within twenty-five feet of said dividing district boundary line. The use so extended shall be deemed to be conforming.
(Ord. 12-1966. Passed 10-10-66.)
1141.05 UNCERTAINTY AS TO BOUNDARIES; INTERPRETATION.
All questions concerning the exact location of district boundary lines shall be determined by the Board of Zoning Appeals according to rules and regulations which may be adopted by it.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1141.06 VACATED STREET OR ALLEY.
Whenever any street, alley or other public way is vacated by official action as provided by law, the Zoning District adjoining the side of such public way shall be extended automatically depending on the side or sides to which such lands revert to include the right-of-way thus vacated which shall thenceforth be subject to all regulations of the extended district or districts.
(Ord. 12-1966. Passed 10-10-66.)
reserved for zoning map.
1143.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the following uses, except as provided in Chapter 1189.
(a) Residential. One-family detached dwellings.
(b) Institutional and Cultural. Churches and other places of worship and Sunday School buildings; public and parochial schools, colleges and universities for academic instructions.
(c) Recreational. Public noncommercial recreational facilities such as parks, playgrounds, tennis courts, swimming pools, golf courses and community centers.
(Ord. 12-1966. Passed 10-10-66.)
1143.02 CONDITIONAL USES.
The following uses shall be permitted only if expressly authorized by the Board of Zoning Appeals.
(b) Recreational. Private noncommercial recreation facilities such as golf courses, swimming pools and tennis courts.
(c) Public Utilities. Public utility buildings and structures necessary for providing service to the area, but not including warehouses, storage yards, garages or general offices.
(Ord. 12-1966. Passed 10-10-66.)
1143.03 ACCESSORY USES.
Accessory uses, buildings or structures customarily incidental to any aforesaid principal permitted or conditional use shall be permitted in conjunction with such use, including the following:
(a) Parking Facilities. Private garage or parking areas.
(b) Recreational. Swimming pools exclusively for the occupants of the principal building, provided that such pool or the entire lot is walled or fenced to prevent uncontrolled access from the street or adjacent properties and provided that such pool and accessory equipment is at least fifteen feet distance from all lot lines.
(c) Home Occupations. Provided that not more than one-fourth of the floor area of one floor of the dwelling is devoted to such use.
(d) Gardening, Domestic Animals. Gardening, the raising of vegetables or fruits and the keeping of domestic animals exclusively for the use or personal enjoyment of the occupants of the principal building and not for commercial purposes.
(e) Signs. Professional or announcement signs, institutional bulletin boards and real estate signs subject to the provisions of Chapter 1185.
(Ord. 12-1966. Passed 10-10-66.)
1143.04 HEIGHT REGULATIONS.
No principal structure shall exceed two and one-half stories or thirty-five feet in height, and no accessory structure shall exceed one story or fifteen feet in height, except as provided in Chapter 1175.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1143.05 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Lot Area (square feet) | Lot Frontage (feet) | Front Yard Depth* (feet) | Side Yard Width (feet) | Rear Yard Depth (feet) | |
Dwellings | |||||
1 and 1½ stories | 5,000 | 50 | 25 | 6 | 35 |
2 and 2½ stories | 5,000 | 50 | 25 | 8 | 35 |
Other Permitted Uses | 10,000 | 100 | 25 | 15 | 35 |
(b) Side Yard Reduction; Dwellings. For each foot by which a lot at the time of enactment of this Zoning Ordinance is less than fifty feet wide, the minimum required side yard for a dwelling may be reduced one and one-half inches; provided, however, that no such side yard shall be less at any point than three feet or, in the case of a side yard along a side street lot line, less than five feet.
(c) Rear Yard Reduction; Dwellings. For each foot by which a lot at the time of enactment of this Zoning Ordinance is less than 100 feet in depth, the minimum required rear yard for a dwelling may be reduced by two inches; provided, however, that no such rear yard shall be less at any point than ten feet.
(Ord. 12-1966. Passed 10-10-66.)
1143.06 COURTS.
(a) General Provisions. Whenever any room in which persons live or sleep cannot be reasonably and adequately lighted and ventilated from a front, side or rear yard, a court, conforming with the provisions of this section, shall be provided on which such rooms shall open. Such court need not extend below the lowest story it is required to serve.
(b) Outer Court. A court which extends directly to and opens for its full width on a front, side, or rear yard, shall be not less than six inches wide for each foot of height above the sill of the lowest window served by it nor, in any case, less than six feet wide. The length of such court, measured perpendicular to the width, shall not exceed twice such width unless such width conforms to the requirements of subsection (c) hereof.
(c) Inner Court. A court which does not extend directly to nor open for its full width on a front, side or rear yard shall be not less than nine inches wide for each foot of height above the sill of the lowest window served by it nor, in any case, less than ten feet wide.
(Ord. 12-1966. Passed 10-10-66.)
1145.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used and no building or structure shall be erected, altered, or enlarged, which is arranged or designed for other than one of the following uses, except as provided in Chapter 1189.
(a) General. All use permitted and as regulated in the R-1 District, except as hereinafter specified.
(b) Residential. Two-family dwellings.
(Ord. 12-1966. Passed 10-10-66.)
1145.02 CONDITIONAL USES.
The following uses shall be permitted only if expressly authorized by the Board of Zoning Appeals.
(a) General. All conditional uses permitted and as regulated in the R-1 District, except as hereinafter specified
(b) Institutional. Public cultural facilities such as libraries, museums and art galleries.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1145.03 ACCESSORY USES.
Accessory uses, buildings or structures customarily incidental to any aforesaid principal permitted or conditional use shall be permitted in conjunction with such use, including the following:
(a) General. All accessory uses or structures permitted and as regulated in the R-1 District, except as hereinafter specified.
(b) Roomers. The keeping of not more than four roomers or boarders by a resident family.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1145.04 HEIGHT REGULATIONS.
No dwelling shall exceed two and one-half stories or thirty-five feet in height; no other principal structure shall exceed three stories or forty feet in height; and no accessory structure shall exceed two stories or twenty-five feet in height, except as provided in Chapter 1175.
(Ord. 12-1966. Passed 10-10-66.)
1145.05 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Lot Area (square feet) | Lot Area Per Family (square feet) | Lot Frontage (feet) | Front Yard Depth* (feet) | Side Yard Width (feet) | Rear Yard Depth (feet) | |
Dwellings | ||||||
1 and 1½ stories | 5,000 | 2,500 | 50 | 25 | 5 | 30 |
2 and 2½ stories | 5,000 | 2,500 | 50 | 25 | 8 | 30 |
Other Permitted Uses | 10,000 | 100 | 25 | 15 | 30 | |
* See also Section 1177.01.
| ||||||
(b) Side Yard Reduction - Dwellings. Same as in the R-1 District.
(c) Read Yard Reduction - Dwellings. Same as in the R-1 Districts.
(Ord. 12-1966. Passed 10-10-66.)
1145.06 COURTS.
The requirements for courts shall be the same as in the R-1 District.
(Ord. 12-1966. Passed 10-10-66.)
1147.01 PRINCIPAL PERMITTED USES.
No building, structure, or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the following uses, except as provided in Chapter 1189.
(a) General. All use permitted and as regulated in the R-2 District, except as hereinafter specified
(b) Residential. Multi-family dwellings; apartment hotels, boarding and lodging houses.
(c) Institutional. Hospitals, except those providing care of epileptics, drug addicts, the feeble-minded or insane; clinics.
(Ord. 12-1966. Passed 10-10-66.)
1147.02 CONDITIONAL USES.
The following uses shall be permitted only if expressly authorized by the Board of Zoning Appeals.
(a) General. All conditional uses permitted and as regulated in the R-2 District, except as hereinafter specified
(b) Motels, Motor Hotels and Tourist Homes. On lots only that front on a street officially designated as a State or federal highway; provided that no vehicular entrance to or exit from any motel or motor hotel wherever such may be located shall be within 200 feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or on another street which the premises in question do not abut.
(c) Clubs. Private clubs, fraternities, lodges and meeting places, but not including those customarily conducted as a gainful business.
(Ord. 12-1966. Passed 10-10-66.)
1147.03 ACCESSORY USES.
Accessory uses, buildings or structures customarily incidental to any aforesaid principal permitted or conditional use shall be permitted in conjunction with such use including the following:
(a) General. All accessory uses permitted and as regulated in the R-2 District, except as hereinafter specified.
(b) Home Occupations. Provided that not more than one-half of the floor area of one floor of the dwelling is devoted to such use.
(Ord. 12-1966. Passed 10-10-66.)
1147.04 HEIGHT REGULATIONS.
No one family or two-family dwelling shall exceed two and one-half stories or thirty-five feet in height; no other principal structure shall exceed a maximum height of sixty feet; and no accessory structure shall exceed two stories or twenty-five feet in height, except as provided in Chapter 1175.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
Lot Area (square feet) | Lot Area Per Family (square feet) | Lot Frontage (feet) | Front Yard Depth* (feet) | Side Yard Width (feet) | Rear Yard Depth (feet) | |
One and Two-Family Dwellings | Same as required in the R-2 District | |||||
Multi-Family Dwellings | ||||||
1 and 1½ stories | 6,000 | 1,500 | 50 | 25 | 6 | 30 |
2 and 2½ stories | 7,200 | 1,500 | 60 | 25 | 8 | 30 |
3 and 3 ½ stories | 8,000 | 1,500 | 65 | 25 | 10 | 35 |
4 or more stories | 10,000 | 1,500 | 80 | 25 | 15 | 40 |
Other Permitted Uses | 10,000 | 100 | 25 | 15 | 30 | |
* See also Section 1177.01. | ||||||
(b) Side Yard Reduction - Dwellings. For each foot by which a lot at the time of enactment of this Zoning Ordinance is less than fifty feet in width, the minimum required side yard for a one or two-family dwelling may be reduced by one and one-half inches; provided, however, that no such side yard shall be less at any point than three feet or, in the case of a side yard along a side street lot line, less than five feet.
(c) Rear Yard Reduction - Dwellings. For each foot by which a lot at the time of enactment of this Zoning Ordinance is less than 100 feet in depth, the minimum required rear yard for a one or two-family dwelling may be reduced by two inches; provided, however, that no such rear yard shall be less at any point than ten feet.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1147.06 COURTS.
The requirements for courts shall be the same as the R-2 District.
(Ord. 12-1966. Passed 10-10-66.)
1149.01 PRINCIPAL PERMITTED USES.
No building, structure, or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the following uses, except as provided in Chapter 1189.
(a) General. All uses permitted and as regulated in the R-3 District, except as hereinafter specified.
(b) Residential. Row-houses.
(Ord. 12-1966. Passed 10-10-66.)
1149.02 CONDITIONAL USES.
The following uses shall be permitted only if expressly authorized by the Board of Zoning Appeals.
(a) General. All conditional uses permitted and as regulated in the R-3 District, except as hereinafter specified.
(Ord. 12-1966. Passed 10-10-66.)
1149.03 ACCESSORY USES.
Accessory uses, buildings or structures customarily incidental to any aforesaid principal permitted or conditional use shall be permitted in conjunction with such use including the following.
(a) General. All accessory uses permitted and as regulated in the R-3 District, except as hereinafter specified.
(Ord. 12-1966. Passed 10-10-66.)
1149.04 HEIGHT, LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Height, lot area, frontage and yard requirements for the construction of row-houses shall be as prescribed in each instance by the Board of Zoning Appeals.
(Ord. 12-1966. Passed 10-10-66.)
1151.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the following uses, except as provided in Chapter 1189.
(a) General. Any use permitted and as regulated in the R-3 District except as hereinafter specified.
(b) Retail and Services. Any local retail business or service establishment supplying commodities or performing services primarily for residents of the neighborhood on a day-to-day basis, including: groceries, supermarkets, fruit and vegetable stores, garden supply stores, drug stores, barber shops, beauty parlors and clothes cleaning and laundry pickup stores.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 19-1985. Passed 5-2-85.)
1151.02 CONDITIONAL USES.
The following uses shall be permitted only if expressly authorized by the Board of Zoning Appeals.
(a) General. All conditional uses permitted and as regulated in he R-3 District except as herein specified.
(b) Eating and Drinking Places. Restaurants, not including entertainment or dancing and not including drive-in restaurants; liquor sales; soda fountains or ice cream parlors.
(c) Clinics.
(d) Retail and Services. Any retail business or service establishment not a principal permitted use and which is determined by the Board to be of the same general character as one of the principal permitted uses, but not including those uses which are first permitted, or are not permitted, in the B-3 District unless demonstrated as necessary for normal day-to-day needs.
(Ord. 12-1966. Passed 10-10-66.)
1151.03 ACCESSORY USES.
Accessory uses, buildings or structures customarily incidental to any aforesaid principal permitted or conditional use shall be permitted in conjunction with such use, including:
(a) General. Accessory uses permitted and as regulated in the R-3 District.
(Ord. 12-1966. Passed 10-10-66.)
1151.04 REQUIRED CONDITIONS.
(a) Business in Enclosed Buildings. All businesses, services or processing shall be conducted wholly within a completely enclosed building except for the sale of automotive fuel, lubricants and other fluids at service stations, off-street parking, and such outdoor display or storage of vehicles, materials and equipment as hereinbefore specifically authorized or as may be authorized by the Board of Zoning Appeals.
(b) Production for Sale at Retail. All products produced on the premises whether primary or incidental shall be sold at retail primarily on the premises where produced.
(c) Uses Shall Be Nonobjectionable. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by any reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste.
(d) New Merchandise. Goods for sale shall consist primarily of new merchandise.
(Ord. 12-1966. Passed 10-10-66.)
1151.05 HEIGHT REGULATIONS.
No principal structure shall exceed two and one-half stories or thirty feet in height, and no accessory structure shall exceed one story of fifteen feet in height, except as provided in Chapter 1175.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1151.06 LOT AREA, FRONTAGE AND YARD REGULATIONS.
Lot Area (feet) | Frontage (feet) | Front Yard Depth (feet) | Side Yard Width (feet) | Rear Yard Depth (feet) | |
Nonresidential Uses | None | None | 20 | None; except when adjoining an R District - then not less than 10 feet | None; except when adjoining an R District - then not less than 10 feet |
Residential | Same as in the R-3 Districts | ||||
(Ord. 12-1966. Passed 10-10-66.)
1151.07 COURTS.
The requirements for courts shall be the same as in the R-3 District.
(Ord. 12-1966. Passed 10-10-66.)
1153.01 PRINCIPAL PERMITTED USES.
No building, structure, or land shall be used and no building or structure shall be erected, altered, or enlarged, which is arranged or designed for other than one of the following uses, except as provided in Chapter 1189.
(a) General. Any use permitted and as regulated in the R-3 District except as hereinafter specified.
(b) Offices. Business and/or professional offices; office buildings.
(c) Banks. Including drive-in banks, savings and loan associations.
(d) Eating and Drinking Places. Restaurants, bars, cocktail lounges, soda fountains and ice cream parlors, but not including drive-in restaurants, summer gardens or road houses.
(e) Entertainment. Night clubs, theaters, billiard parlors, bowling alleys and similar enterprises, but not within 100 feet of any R-District and subject to all applicable regulations and such permits as may be required by law.
(f) Trade or Business Schools. Provided machinery which is used for instruction purposes is not objectionable due to noise, fumes, smoke, odor or vibration; photographic studios, dancing studios, radio and telecasting studios, and the like.
(g) Hotels. Hotels, motels and motor hotels, provided that no vehicular entrance to or exit from any motel or motor hotel, wherever such may be located, may be within 200 feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or on another street which the premises in question does not abut.
(h) Institutional and Cultural. Public cultural facilities such as libraries, museums and art galleries.
(j) Clinics.
(l) Clubs. Private clubs, fraternities, lodges and meeting places.
(n) Public Utilities. Public utility buildings and structures necessary for providing services to the area but not including warehouses, storage yards or garages.
(o) Services. Funeral homes and mortuaries.
(p) Retail and Services.
(Ord. 16-2021. Passed 10-28-21.)
1153.02 CONDITIONAL USES.
The following uses shall be permitted only if expressly authorized by the Board of Zoning Appeals.
(a) General. All conditional uses permitted and as regulated in the R-3 District except as herein specified.
(Ord. 12-1966. Passed 10-10-66.)
1153.03 ACCESSORY USES.
Accessory uses, buildings, or structures customarily incidental to any aforesaid principal permitted or conditional use shall be permitted in conjunction with such use.
(a) General. Accessory uses permitted and as regulated in R-3 District.
(Ord. 12-1966. Passed 10-10-66.)
1153.04 REQUIRED CONDITIONS.
(a) Business in Enclosed Buildings. All businesses, services, or processing shall be conducted within a completely enclosed building, except for such outdoor displays as may be specifically authorized by the Board of Zoning Appeals, and off-street parking.
(b) Uses Shall Not Be Objectionable. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by any reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste.
(Ord. 12-1966. Passed 10-10-66.)
1153.05 HEIGHT REGULATIONS.
The height regulations shall be the same as in the R-3 District.
(Ord. 12-1966. Passed 10-10-66.)
1153.06 LOT AREA, FRONTAGE AND YARD REGULATIONS.
The lot area, frontage and yard regulations shall be the same as in the B-1 District.
(Ord. 12-1966. Passed 10-10-66.)
1153.07 COURTS.
The requirements for courts shall be the same as in the B-1 District.
(Ord. 12-1966. Passed 10-10-66.)
1155.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the following uses, except as provided in Chapter 1189.
(a) General. Any use permitted and as regulated in the B-1 and B-2 Districts, except as hereinafter modified.
(b) Retail and Services. Art and antique shops, artists' supply stores, interior decorating shops, furniture and appliance stores, self-service laundries, dry cleaning shops, department stores, variety and dime stores, dry goods and apparel stores.
(c) Motor Vehicle Services. Motor vehicle display, hire and sales and public garage, but not including major motor vehicle repair, provided all operations other than display and sales shall be wholly within a completely enclosed building; further provided, that buildings used for minor repair or motor vehicles or public garage shall be at least fifty feet from any R-District and shall have no openings adjoining the R-District, other than stationary windows and fire escapes, and further provided that no entrance or exit shall be within 200 feet along the same side of a street of any school, public playground, church, hospital, public library, or institution for dependents or children, except where the lot for such use is in another block or on another street which the lot in question does not abut, and no oil draining pit or visible appliance for such purpose, other than filling caps, shall be located within ten feet of any street lot line or within twenty-five feet of any R-District except where such appliance or pit is within an enclosed building
(d) Eating and Drinking Establishments. Drive-in eating and drinking places, summer gardens and road houses, provided the principal building is distant not less than 100 feet from any R-District.
(e) Printing and Related Trades. Publishing, job printing, lithographing, blue printing, etc.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1155.02 CONDITIONAL USES.
The following uses shall be permitted only if expressly authorized by the Board of Zoning Appeals.
(a) General. All conditional uses permitted and as regulated in the B-1 and B-2 Districts.
(b) Retail and Services. Any other retail business or service establishment or use which is determined by the Board to be of the same general character as the above principal permitted uses, but not including any use which is first permitted or which is not permitted in the B-4 District.
(Ord. 12-1966. Passed 10-10-66.)
1155.03 ACCESSORY USES.
Accessory uses, buildings or structures customarily incidental to any aforesaid principal permitted or conditional use shall be permitted in conjunction with such use, including the following:
(a) General. Accessory uses and structures as permitted and as regulated in the B-1 and B-2 Districts, as well as accessory uses and structures not otherwise prohibited customarily accessory and incidental to any of the foregoing permitted B-3 District uses.
(Ord. 12-1966. Passed 10-10-66.)
1155.04 REQUIRED CONDITIONS.
The required conditions shall be the same as specified for the B-1 District, except for new merchandise in the case of art and antique shops.
(Ord. 12-1966. Passed 10-10-66.)
1155.05 HEIGHT REGULATIONS.
No principal structure shall exceed four stories or fifty feet in height, except as provided in Chapter 1175.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1155.06 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
1155.07 COURTS.
The requirements for courts shall be the same as in the R-3 District.
(Ord. 12-1966. Passed 10-10-66.)
1157.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the following uses except as provided in Chapter 1189.
(a) General. Any use permitted and as regulated in the B-3 District except as hereinafter modified.
(b) Retail and Services. Laundries, clothes cleaning or dying establishments, used merchandise stores, mail order houses.
(c) Wholesale. Any wholesale business including incidental warehousing; commercial greenhouses.
(d) Motor Vehicle Services, Farm Implements. Automobiles, trucks, trailers, farm implements for sale, display, hire or major or minor motor vehicle repair, including sales lots, used car lots, trailer lots, repair garages, body and fender shops, paint shops provided that buildings shall be at least fifty feet away from any R-District and further provided that no entrance or exit shall be within 200 feet along the same side of a street of any school, public playground, church, hospital, public library, or institution for dependents or children, except where the lot for such use is in another block or on another street which the lot in question does not abut and no oil draining pit or visible appliance for such purpose, other than filling caps, shall be located with ten feet of any street lot line or within twenty-five feet of any R-District except whole such appliance or pit is within an enclosed building.
(e) Animal Hospitals, Veterinary Clinics, etc. Animal hospitals, kennels, display and housing or boarding of pets and other domestic animals, provided that any enclosure or building in which the animals are kept shall be at least 100 feet from any R-District and at least fifty feet from any other B District. Exercise runs shall be enclosed on four sides by an unpierced, well-maintained fence or wall at least six feet in height.
(f) Commercial Recreation Facilities.
(g) Building and Related Trades. Carpenter shops, electrical, plumbing, paint shops, paper hanging shops, furniture upholstering and similar enterprises, including contractors' yards but not within fifty feet of any R-District except as provided in subsection (l)(10) hereof.
(h) Bottling Works. Bottling of soft drinks or milk distribution stations therefor, providing a building use for such processing and/or distribution shall be at least 100 feet from any R-District.
(i) Warehousing and Trucking Terminals. Warehouses for the storage of merchandise and materials, trucking or motor freight stations or terminals and carting, expressing or hauling establishments providing such uses are conducted wholly within a completely enclosed building or buildings except for storage of vehicles, and further provided that no part of such building or buildings shall have any opening other than stationary windows or required fire exits within seventy feet of any R-District.
(j) Laboratories. Experimental, film, or testing laboratories, provided no operation shall be conducted or equipment used which would create hazards, noxious or offensive conditions.
(k) Confectioneries and Bakeries. The compounding, processing and packaging of bakery goods and candy.
(l) Manufacturing. Except within fifty feet of any R-District, (subject to the provisions of subsection (l)(10) hereof) the manufacturing, compounding, processing, packaging, and assembling of products such as:
(1) Cosmetics, pharmaceuticals, toiletries, and food products; except fish or meat products, sauerkraut, vinegar, yeast, rendering or refining of fats or oils, or any other products which could create hazards, noxious or offensive conditions.
(2) Printing and lithographing and products from previously prepared materials.
(3) The manufacturing of canvas, cellophane, textiles, yarns, cloth, fibre, glass, paper, plastics, sheet metal (except when presses over twenty-ton rated capacity are employed ) and wax and of products which include bone, feathers, fur, hair, horn, leather, precious or semi-precious metals or stones, shell, tobacco and wood, but not within 100 feet of any R-District.
(4) Sand, gravel and cement processing, but not within 500 feet of any R-District.
(5) Pottery and figurines, using previously pulverized clay, and kilns fired only with gas or electricity.
(6) Musical instruments, toys, novelties, rubber or metal stamps and other small rubber products.
(7) Electrical and electric appliances, instruments and devices, television sets, radios, phonographs.
(8) Electric and neon signs, billboards and other commercial advertising structures; light sheet metal products including heating and ventilating equipment, cornices, eaves and the like.
(Ord. 12-1966. Passed 10-10-66.)
(9) The restriction against manufacturing within fifty feet of any R-District, as set out in subsection (l) hereof, may be reduced to thirty feet in any instance where the owner of the property located in the B-4 District provides a suitable and sufficient screening of trees and/or shrubbery on his property line adjoining said R-District.
(m) Crematory Uses.
(Ord. 28-1982. Passed 6-17-82.)
(Ord. 28-1982. Passed 6-17-82.)
1157.02 CONDITIONAL USES.
The following uses shall be permitted only if expressly authorized by the Board of Zoning Appeals.
(a) Other Uses. Any other use which is determined by the Board to be of the same general character as the above permitted uses but not including any use which is first permitted in the M-1 District or which is prohibited in the M-1 District.
(Ord. 12-1966. Passed 10-10-66.)
1157.03 ACCESSORY USES.
Accessory uses, buildings, or structures customarily incidental to any aforesaid principal permitted or conditional use shall be permitted in conjunction with such use including:
(a) General. Accessory uses and structures as permitted and as regulated in the B-3 District and such other accessory uses and structures not otherwise prohibited which are customarily accessory and incidental to any of the foregoing permitted B-4 District uses.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1157.04 REQUIRED CONDITIONS.
Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water carried waste.
(a) Closed Buildings. All businesses, services, or processing shall be conducted wholly within a completely enclosed building except for incidental display of merchandise, sale of motor vehicle fuel, lubricants and other fluids at service stations, loading and unloading operations, parking, the outdoor display or storage of vehicles, materials and equipment.
(b) Night Operation. No building customarily used for night operation, such as a bakery or milk bottling and distribution station, shall have any opening, other than stationary windows or required fire exits, within 100 feet of any R-District, and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 100 feet of any R-District.
(Ord. 12-1966. Passed 10-10-66.)
1157.05 HEIGHT REGULATIONS.
The height regulations shall be the same as in the B-3 District.
(Ord. 12-1966. Passed 10-10-66.)
1157.06 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Lot Area | Lot Frontage (feet) | Front Yard Depth (feet) | Side Yard Width (feet) | Rear Yard Depth (feet) | |
Residential | Same as required in R-3 District | ||||
Nonresidential | None | None | 20 | None: except when adjoining R-District, then not less than 25 feet. | 35 |
(Ord. 12-1966. Passed 10-10-66.)
1157.07 COURTS.
The requirements for courts shall be the same as in the R-3 District.
(Ord. 12-1966. Passed 10-10-66.)
1159.01 SCOPE
(b) The provisions of this Chapter supersede any provisions that may be in conflict with the remainder of the Zoning Code. (Ord. 32-2011. Passed 6-2-11.)
1159.02 PURPOSE.
Heritage Hill District (HHD) is established in order to impose specific design criteria for both rehabilitation and new construction projects within the Heritage Hill District of St. Bernard. Therefore the purposes of this chapter are to:
(a) Ensure that new development in the Heritage Hill District shall conform to the Village's general plans for the physical development of this district
(b) Guide development and redevelopment in the Heritage Hill District to protect and enhance the Village's image.
(c) Ensure that new development and redevelopment respects the Village's historic qualities and resources through thoughtful and compatible design.
(d) Provide the basis for consistency and objective decision-making by providing criteria and a review process to be used by the Zoning Administrator, Planning Commission, Streetscape Committee and Village Council when evaluating proposed development.
(e) Provide standards for property owners, architects and contractors to aid in the preparation of appropriate plans.
(f) Increase public awareness of the value of good design in the Village.
(g) To create a more cohesive development pattern and density.
(h) To strengthen the District by promoting redevelopment that enhances the visual and economic vitality of the District. (Ord. 32-2011. Passed 6-2-11.)
1159.03 APPLICABILITY OF DISTRICT.
All Vine Street properties designated OB-1, OB-2, R-3 on the official zoning map of the Village shall be subject to the regulations of this chapter.
(Ord. 32-2011. Passed 6-2-11.)
(Ord. 32-2011. Passed 6-2-11.)
1159.04 USE REGULATIONS.
All uses in the HHD shall be governed as listed in Schedule of Permitted Uses.
(Ord. 32-2011. Passed 6-2-11.)
1159.05 DEVELOPMENT STANDARDS.
All lots, buildings, and structures in the HHD shall comply with the standards set forth in this chapter.
(Ord. 32-2011. Passed 6-2-11.)
(Ord. 32-2011. Passed 6-2-11.)
1159.06 RESIDENTIAL LOT REQUIREMENTS.
Lot requirements for all residential uses as permitted in the HHD shall be regulated as set forth in Title Seven of the Zoning Code. (Ord. 32-2011. Passed 6-2-11.)
SITES OF TWO ACRES OR MORE.
(a) Cohesive multi-structure developments are desirable and are strongly encouraged in the HHD to enhance the existing urban features of the district and to present a more coordinated streetscape to the Village. Any site within the HHD which is equal to or greater than two acres shall be required to be developed with multiple structures and a mix of uses. Lots of two or more acres recorded as of the date of adoption of this chapter may not be subdivided into smaller lots to avoid this regulation.
(b) After a final site plan has been approved by the Village, an applicant may subdivide the total development into separate parcels for tax billing purposes. The subdivided parcels shall remain subject to the approved development plan and shall not be considered as non-conforming lots or uses when developed under the approved plan. Any subsequent redevelopment of the subdivided lots must be consistent with the approved site plan and shall be considered as a modification to the approved plan subject to the review and approval process of the Village, unless such modification is exempted as provided therein.
(c) When feasible multiple smaller lots (less than two acres) are encouraged to be consolidated and redeveloped under a single plan in a manner that is consistent with the standards of the HHD for multiple building developments.
(Ord. 32-2011. Passed 6-2-11.)
1159.07 SITE LAYOUT CRITERIA.
The layout of principal buildings, accessory structures, and parking areas along Vine Street are primary identifying features of the Village. The HHD is an existing business area that features a partially defined street wall which creates a pedestrian street environment. The street wall is defined by buildings which are set close to the street. Creating an attractive, strongly defined street wall in the HHD will improve the visual appearance and distinguish the Village from the surrounding communities. Standards for single structure developments and multi-building developments are presented in subsequent sections.
(Ord. 32-2011. Passed 6-2-11.)
(Ord. 32-2011. Passed 6-2-11.)
1159.08 BUILDING SETBACKS.
The setbacks for buildings in the HHD shall be determined as follows:
(a) The use of a parking structure for setback purposes shall be determined as follows: A parking structure shall be considered non-residential unless residential and only residential uses are built above the parking structure at the point of measure.
(b) Front yard setback. Front yard setbacks in the HHD are encouraged to create a street wall and buildings should be set a consistent distance from the right-of-way. The following regulations apply to front yard setbacks:
(1) The maximum front yard setback for buildings shall be ten feet from the right-of-way.
(2) To meet the required setback, a building's facade must meet the site layout and building configuration requirements of Section 1159.09(a)(1).
(4) Exception for upper stories. The facades of buildings above the required minimum height established in Section 1159.13(a)(1) may be set back farther than ten feet from the right-of-way.
(5) Exception for multiple buildings. An adequate number of buildings and front facades on each site must meet the maximum required setback of ten feet from the right-of-way to create a consistent street wall along the frontage of the site in conformance with Section 1159.07. However, if the frontage of the site is designed with buildings at the setback line, the Village may allow additional buildings on the site to exceed this setback if they find that the development meets the other standards of this chapter and accomplishes the purpose of this district.
(c) Side yard setbacks. Side yard setbacks for development in the HHD shall be determined as follows:
(1) Buildings shall be set back a minimum of five feet from the side lot line when adjacent to any non-residential use outside of the HHD.
(2) When adjacent to a residential use outside of the HHD a building must be set back in accordance with existing regulations.
(3) Zero side lot line structures with a shared firewall may be permitted in a development under initial common ownership.
(d) Rear yard setbacks. Rear yard setbacks for development in the HHD shall be determined as follows:
(1) Commercial or non-residential structures shall be set back a minimum of 45 feet from the rear lot line or boundary line of adjacent residential properties outside of the HHD district.
(2) Commercial or non-residential structures shall be set back 15 feet from the rear property line when adjacent to a lot within the HHD district.
(3) Residential structures shall be located no closer than eight feet, or one-half the height of the building, whichever is greater, to the rear project boundary line of the development.
(Ord. 32-2011. Passed 6-2-11.)
1159.09 SITE LAYOUT AND BUILDING CONFIGURATION.
(a) General Site Layout. Along Vine Street frontages, the general site layout shall conform to the following standards.
(1) A minimum of 60% of a development's frontage on Vine Street must be occupied by building frontage, and an additional 10% may be occupied by building frontage or a wall as specified below, which is located no further than ten feet from the front property line. The building wall shall be an extension of the principal or accessory building(s). The Village may allow up to 50% of a building's surface to be set back further than ten feet to create facade articulation or provide a plaza or another useful outdoor pedestrian space along the frontage.
(2) Walls shall be constructed of solid masonry and shall have a height not less than three feet nor greater than eight feet, not including ornamentation or other features.
(3) The remaining 30% of a development's frontage on Vine Street may be used for necessary vehicle and pedestrian access ways.
(b) Parking. Parking lots or parking structures shall be regulated as follows:
(1) Parking lots shall meet the setback standards as established Chapter 1181.
(2) Parking structures, lots, or spaces shall not be located in the front yard and shall meet the side and rear project boundary setbacks established for buildings in Section 1159.08.
(3) Parking structures, lots, and spaces shall be buffered or screened at a minimum as required, per Chapter 1181.
(c) In multi-building developments, a parking lot may be located between a rear building and a building fronting on Vine Street.
(d) Building Coverage. Building coverage in the HHD shall be regulated as follows:
(1) Single building developments. A single building fronting on Vine Street shall not have a footprint which exceeds 15,000 square feet.
(2) Panhandle lots. Any building on a panhandle lot with less than 25 feet of frontage along Vine Street shall be treated as a rear building for coverage purposes.
(3) Multiple building developments. When included in a multiple-building development on a site in excess of two acres, a single building may have a footprint in excess of 15,000 square feet if the Village finds that it meets the following regulations:
A. Under no circumstances may a building's footprint exceed 30,000 square feet;
B. The building is part of a multiple-building development;
C. Adequate parking for the building's use as specified in Chapter 1181 can be accommodated in whole or in part in on-site structured parking, which is integrated into the development design;
E. The building and required parking are screened from the public right-of-way in accordance to Chapter 1181.
F. The loading, parking, and trash dumpsters are adequately screened from adjacent residential uses; and
G. The building meets all other building design standards as specified by this chapter.
(e) Loading and Service Areas. Loading and service areas shall be located and designed in such a way as to minimize visual and noise impact on adjacent residential uses. The use of solid walls and buffer landscaping is encouraged to reduce the visual and noise impact of loading and service areas from adjacent rights-of-way and residential areas.
(Ord. 32-2011. Passed 6-2-11.)
1159.10 PEDESTRIAN AND VEHICULAR ACCESS AND CIRCULATION.
Safe, efficient, and convenient circulation and access to and between developments should be provided for both pedestrians and vehicular traffic. By creating a safe continuous network of pedestrian walkways within the HHD development and adjacent Village Centre development, pedestrians will feel more inclined to safely walk, rather than drive, between stores. A pedestrian system that offers clear circulation paths from the parking areas to building entries creates a friendlier, more inviting image.
(a) Pedestrian Access and Circulation. Pedestrian facilities shall be designed to meet the following standards:
(1) Sites that are more than two acres shall emphasize pedestrian orientation by creating attractive pedestrian spaces that are landscaped and include other appropriate elements to facilitate pedestrian activity. Efforts should be made to incorporate public open spaces into the design of the development.
(2) All commercial developments shall provide attractive, well-marked pedestrian links between parking and buildings. The connections shall be clearly marked to provide safe access across traffic lanes and landscaped areas. Such walkways shall utilize decorative paving at key locations.
(3) All commercial buildings shall be public accessible via a path or walkway from a public sidewalk.
(4) Any sidewalk or walkway shall be designed to connect to adjacent walkways of either existing or future development.
(5) All redevelopment along Vine Street in the HHD must comply with the Streetscaping master plan. New public walkways, connecting sidewalks and new rights-of-way should incorporate the standards from the Streetscaping Master Plan.
(6) Parking area design shall include provisions for pedestrian access from parking areas to building entrances.
(b) Vehicular Access and Circulation. Vehicular access and circulation shall be designed to meet the following standards:
(1) Primary vehicle entrances. The number and location of vehicle entrances to a commercial development are subject to review by the Village and the approval of the Village and will be based on the following factors to promote good traffic management practices:
A. A site shall not be separated into additional tracts or plats to artificially allow additional access points.
B. The development shall minimize the number of curb cuts with shared access being preferred.
C. Provide adequate improvements to the right-of-way to handle increases in traffic generated by the development. These improvements may include but are not limited to, turn lanes and traffic control devices.
D. Where possible, access points should align with previously approved or constructed access points on the opposite side of the street to reduce conflict points.
(2) Internal vehicle circulation. Safe and efficient internal circulation shall be provided. Where possible, internal vehicle circulation should be designed as follows:
A. Parking lots should be designed with a hierarchy of circulation: major access drives with no parking; major circulation drives with limited parking, and then parking aisles for direct access to parking spaces. Smaller developments may need to combine components of the hierarchy.
B. Main drive aisles should be continuous and connect to the main entrance to the development site.
C. Internal driveways or parking aisles should intersect at angles of between 80 and 100 degrees, with 90 degrees being preferred.
D. Internal driveways or aisles that are intersected by crossing traffic should either have their centerlines aligned or be offset by at least 60 feet.
(3) On-site truck traffic/loading and circulation. Every development is required to provide on-site loading and delivery facilities separate from customer parking and pedestrian areas.
A. Truck circulation paths shall be designed with adequate curve radii and maneuvering room.
B. Loading and service areas shall be located in such a way that trucks accessing the site should not need to back into the site from a public right-of-way, nor back out of the site onto the public right-of-way.
C. Loading areas must be large enough that trucks do not partially or fully obstruct traffic flow on Vine Street or side streets during loading activities.
(4) Connections to adjacent non-residential uses. To the maximum extent feasible, vehicular and access connections shall be provided between adjacent nonresidential development parcels.
(Ord. 32-2011. Passed 6-2-11.)
1159.11 PARKING.
Parking in an urban setting is often difficult and in order to promote an urban setting, surface parking and structured parking shall be designed in a way to reduce its visual impact from Vine Street.
(a) Multi-building Developments. To promote an urban density, parking should be provided as follows in multi-building developments:
(1) Structured parking is encouraged for 50% of the required parking on sites with multi-building developments.
(2) The Village may, at its discretion, permit a reduction in the number of off-street parking spaces required for a development to as much as 50% of the required spaces per Chapter 1181.
(b) Surface Parking. Surface parking lots shall be designed in accordance with existing Off-Street Parking and Loading Regulations.
(1) Surface parking shall be limited to no more than 35% of the site area.
(2) Adequate screening and interior landscaping shall be provided for surface-parking as specified in Chapter 1181.
(c) Parking Structures. Parking structures should be encouraged to be located in the interior of the site to reduce the visual impact from Vine Street.
(Ord. 32-2011. Passed 6-2-11.)
1159.12 BUILDING DESIGN.
The architecture and general design of the buildings in the HHD will be the strongest feature in creating an image for the Village. Building design should be of a high quality with attention to the creation of a human scale environment that ties into the historic architectural character of the HHD.
(Ord. 32-2011. Passed 6-2-11.)
(Ord. 32-2011. Passed 6-2-11.)
1159.13 SCALE AND MASSING.
(a) The relationship of a building's height to its apparent width is a major contributing factor to the overall character of the HHD.
(b) Building height. The height of all buildings in the HHD shall meet the following standards:
(1) The minimum building height for all buildings shall be two stories for the front facade along Vine Street or on any interior street (existing or proposed). All other buildings shall have the appearance of a minimum of two stories.
(2) The maximum height of primary facades shall not exceed 45 feet as measured from the grade line to the gutter on buildings fronting on Vine Street or on any interior street (existing or proposed).
(3) Additional stories or height are permissible for the rear or side facades or buildings not directly facing onto Vine Street when lower grade lines allow.
(4) A building's vertical and horizontal dimensions shall be in proportion to one another without over-emphasis of either dimension. Horizontally long buildings shall be visually broken up through the use of recesses or setback variations, to cause the facade to appear as a series of proportionally correct masses. The building's articulation should help establish a human scale and provide visual rhythms and interest.
(Ord. 32-2011. Passed 6-2-11.)
1159.14 ARCHITECTURAL DETAILS.
To create a more interesting and inviting environment all buildings shall include architectural details, including but not limited to cornices, and window and door trim. Buildings shall be designed with a distinct architectural style that respects the historic character of the HHD but adequately accommodates the intended modern uses. When authentic architectural details such as windows and doors are not feasible, simulated openings may be approved.
(a) Roof Type. The roof types of buildings in the HHD shall be designed in conformance with the following regulations:
(1) For approximately every front 25 feet of building facade a variation of roof type is encouraged to reduce visual monotony and assist in development of a human scale environment.
(2) Gabled roofs are encouraged; however, other roof types may be approved by the Village on a case-by-case basis.
(3) When gabled roofs are used, the design of the roof pitch may vary, but should not be less than one-quarter of the building height as measured from the grade line to the gutter.
(4) The appearance of flat roofs is prohibited. The use of decorative cornices and parapet roof lines are encouraged to reduce the appearance of a flat roof and screen rooftop equipment.
(b) Building Entrances. The building entrances in the HHD shall be designed in conformance with the following regulations:
(1) When a commercial building has frontage on Vine Street, the building entrances should be encouraged to face onto Vine Street when feasible.
(2) When a residential building has frontage on Vine Street, the first floor entrances should be located facing Vine Street when feasible. Access to upper stories from Vine Street is strongly encouraged.
(3) When a new road or pedestrian pathway is proposed for interior circulation and meets the streetscaping requirements as detailed in the Village's Streetscaping plan, buildings may be oriented to face onto these streets and the entrance may also be oriented to these streets.
(4) In all cases the main entrance of the building shall be easily identifiable, and should provide an introductory statement for a building using architectural articulation or landscaping or a combination of both.
(5) Entrances should be designed to allow individual business to present a clear image without compromising the sense of unity of the facade or development.
(c) Windows. Windows in the HHD shall be designed in conformance with the following regulations:
(1) The shape and configuration of windows for buildings in the HHD should maintain a consistent rhythm and pattern throughout the development.
(2) A window's proportions should generally be vertical with the height being approximately two times the width of the window, however, display windows in commercial structures may be larger than those typical in a residential structure and do not need to have this exact proportion.
(3) Generally, windows should be subdivided and separated by mullions. Large expanses of glass should be used in limited amounts as storefront display windows, and should relate to the architectural style of the buildings. Large undivided display windows or plate glass windows are appropriate only on the ground floor for display purposes.
(4) Window and door openings on the ground floor of a commercial building should occupy no less than 50% of the building's facade length on any facade facing Vine Street. Upper story window and door openings should be proportioned to the first floor as in division (c)(5) of this section.
(5) Windows in all structures shall exhibit symmetry and proportion to the building. To ensure that the windows on the first floor relate properly to windows on the upper floors, the length of a hypothetical rectangle that encompasses all first story windows and doors must be the same length as that of a rectangle that encompasses all second story windows.
(6) Windows should be detailed with architectural elements such as projecting sills, molded surrounds and/or lintels. Windows shall be constructed of clear glazing and tinted glazing shall not be used.
(7) Vinyl or vinyl clad windows are prohibited.
(Ord. 32-11. Passed 6-2-11.)
1159.15 EXTERIOR CONSTRUCTION MATERIALS.
The character of the HHD is enhanced by the use of quality building materials that reflect the desired image of the HHD. The following standards apply to the exterior of all buildings in the HHD.
(a) Permitted Materials. The use of exterior building and finishing materials in the HHD shall be in conformance with the following regulations:
(1) Primary materials.
A. Buildings shall have a primary exterior covering of brick, stone, natural wood clapboard, wood board and batten, wood shingles or modern manufactured materials that create the appearance of the materials listed above except as prohibited herein.
B. The color of brick is encouraged to be in the red-orange range. The color should be uniform rather than being mottled or speckled.
(2) Accent materials. Buildings in the HHD may incorporate any of the above permitted primary materials as an accent. Exterior insulated finish systems (EIFS) and decorative concrete masonry units may be used on a building as an accent that comprises no more than 15% per side of the building's exterior wall surface.
(3) Other materials that are not listed as prohibited may be approved by the village on a case-by-case basis as a primary or accent building material.
(b) Prohibited Materials. Exterior covering materials that are prohibited include vinyl, aluminum, or steel siding, standard concrete masonry units, or tilt-up concrete.
(Ord. 32-11. Passed 6-2-11.)
1159.16 COLORS.
(a) Permitted Colors. The base colors used on buildings should be the natural color of the material in the case of brick or stone or of a neutral muted palette. Brighter, more vivid colors should be reserved for limited use as trim or accent. Permitted colors may be further regulated as established in Section 1159.23(a).
(b) Prohibited Colors. No fluorescent, reflective, metallic or neon colors shall be used on a building in the HHD.
(Ord. 32-11. Passed 6-2-11.)
(Ord. 32-11. Passed 6-2-11.)
1159.17 VARIATION OF MATERIALS AND COLORS ON FACADES.
Variation of materials and colors on facades is permissible, provided the variation enhances the human scale of the buildings, and is used to define specific elements of the building. General guidelines for variations in materials are:
(a) A maximum of three colors, excluding the natural color of brick or stone, may be used on a single structure, except in the case where the building's facade is designed to appear as more than one building. In such case, each element may use a combination of colors as approved by the Streetscape Committee, but the overall color scheme of the building should be coordinated.
(b) Changes in materials should occur at inside corners of buildings or transition with an appropriate trim detail. Material changes at outside corners or in the middle of a wall give an impression of thinness and artificiality which should be avoided.
(c) The use of a coordinating trim material is encouraged on all facades of a building, and should be used to break larger wall plans into smaller, more human-scale elements.
(d) The number of materials on the exterior of a building should be limited to a few complementary materials.
(e) A palette of proposed materials and colors should be submitted by the applicant for approval by the Village.
(Ord. 32-11. Passed 6-2-11.)
(Ord. 32-11. Passed 6-2-11.)
1159.18 SIGNAGE.
(a) Signs should respect the overall architectural composition of the building and its scale while not overwhelming the facade. Sign colors must be complementary to the building's material and colors must meet the permitted colors for the HHD as set forth in Section 1159.16(a). Signs may not cover architectural features.
(b) Wall signs should be affixed on a continuous, flat, vertical, opaque surface and cannot project more than six inches from the building surface.
(c) Wall signs should not extend higher than the bottom sill of the second story window, or above the lowest point of the roof, or over 25 feet above grade (whichever is lower). They must be at least six inches from the lintel or other trim of the window above or below it.
(d) Window signs may only be applied directly to the inside surface of the window glass. The letters should be four inches or less and symbols cannot be larger than eight inches.
(e) Wall signs should have a simple design and shall not have more than three lines of letters.
(f) Signs shall only be illuminated by an exterior lighting source. Internally illuminated back lit and neon signage is prohibited.
(g) No perpendicular signs are permitted. (Ord. 32-11. Passed 6-2-11.)
1159.19 LIGHTING.
(a) Lighting shall be appropriate to the district in type, design, location and quantity.
(b) Lighting shall be used in a limited manner, and only to highlight architectural details on a building, illuminate a sign, or to illuminate walkways and/or parking areas.
(Ord. 32-11. Passed 6-2-11.)
1159.20 LANDSCAPING.
(a) Landscaping and screening shall comply with the Streetscaping plan.
(b) Any principal access or new roads constructed in a development shall comply with the specifications for Streetscaping, tree planting and pedestrian elements as established in the village's Streetscaping plan.
(Ord. 32-11. Passed 6-2-11.)
(Ord. 32-11. Passed 6-2-11.)
1159.21 PUBLIC FACILITIES.
Adequate public facilities must be available to support the proposed development.
(Ord. 32-11. Passed 6-2-11.)
1159.22 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) ARCHITECTURAL STYLE. The characteristic form and detail of buildings in a particular period.
(b) ARTICULATION (ARCHITECTURAL). The variation in a building's surfaces which identify or divide the building into distinct and significant parts.
(c) BUILDING FRONTAGE. The portion of a building's exterior wall which is parallel to the development frontage, and the public street right-of-way or easement.
(d) CORNICE. Any horizontal member, structural or nonstructural, projecting outward from the exterior walls at the roofline, including eaves and other roof overhang or any molded projection which finishes or crowns the part to which it is attached.
(e) DEVELOPMENT FRONTAGE. The portion of the development site which abuts a dedicated public street right-of-way or easement.
(f) FACADE. The exterior walls or surfaces except the roof of a building exposed to public view.
(g) GRADE. The elevation of the sidewalk when present, or street elevation of Vine Street at the center of the building.
(h) HUMAN SCALE. The proportional relationships of a particular building, structure, open space enclosure, or streetscape element to the human form and function.
(i) STREET WALL. The portion of a building wall facing the street or landscaping which creates a wall to the street, as a wall to a room.
(Ord. 32-11. Passed 6-2-11.)
1159.23 REVIEW PROCEDURE.
(a) The Zoning Administrator, subject to review by the Streetscape Committee, may adopt certain rules and regulations setting forth the palette of colors, roof materials, building materials, and other construction materials acceptable for the enforcement of this chapter.
(b) All new and redevelopment projects shall be subject to the development plan review procedures.
(Ord. 32-11. Passed 6-2-11.)
(Ord. 32-11. Passed 6-2-11.)
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1161.01 PRINCIPAL PERMITTED USES.
No buildings structure or land shall be used and no building or structure shall be altered or enlarged which is arranged or designed for other than one of the following uses except as provided in Chapter 1189.
(a) General. Any use permitted and as regulated in the B-4 District except as hereinafter modified.
(b) Within 100 Feet of Any R-District. The following uses are permitted provided no part of a building occupied by such uses shall have any opening other than stationary windows or required fire exits within 100 feet of any R-District.
(1) Blacksmith, welding or other metal working shops excluding punch presses over twenty tons rated capacity, drop hammers and other noise-producing machine-operated tools; machine shops, cooperage works.
(2) Foundry, casting lightweight nonferrous metals, or electric foundry not causing noxious fumes or odors.
(3) Bag, carpet and rag cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust.
(4) Ice manufacturing and cold storage plant; creamery and bottling plant.
(c) Within 200 Feet of Any R-district. The following uses are permitted when located not less than 200 feet from any R-District:
(1) Inflammable liquids, underground storage only, not to exceed 25,000 gallons.
(2) Building material sales yards including concrete mixing, lumber yards including millwork, open yards for storage, sale of feed and/or fuel and contractors' equipment storage.
(3) Retail lumber yards including incidental millwork, building material yards; storage and sales of grain, livestock, feed or fuel; provided such uses are conducted within an area completely enclosed on all sides with a solid wall or uniformly painted solid board fence not less than six feet high.
(d) Within 300 Feet of Any R-District and 100 Feet of Any Other District. The following uses are permitted when located not less than 300 feet from any R-District, and not less than 100 feet from any other district.
(l) Acetylene manufacturing in excess of fifteen pounds pressure per square inch;
(3) Asbestos manufacturing;
(4) Automobile assembly;
(5) Bleaching, cleaning and dyeing plant of large scale production;
(6) Boiler shops, machine shops, structural steel fabricating shops, railway car or locomotive shops, including repair, metal working shops employing and reciprocating hammers or presses over twenty tons rated capacity;
(7) Candle or sperm oil manufacturing it;
(8) Coal yards;
(9) Dextrine, starch or glucose manufacturing;
(10) Disinfectant, insecticide or poison manufacturing;
(11) Dye and dyestuff manufacture;
(12) Enameling, lacquering or japanning;
(13) Emery cloth or sandpaper manufacturing ;
(14) Felt manufacturing;
(15) Flour or grain mill;
(16) Forge or foundry works;
(17) Gas: generation or storage for illumination or heating;
(18) Grain drying or poultry feed manufacturing from refuse, mash or grain;
(19) Hair or hair products manufacturing;
(20) Junk yard;
(21) Lime or lime products manufacturing;
(22) Linoleum, oil cloth or oiled goods manufacturing;
(23) Match manufacturing;
(24) Meat packing; but not stockyards or slaughterhouses, specified as a conditional use in Section 1161.02;
(25) Oil, paint, shellac, turpentine, varnish or enamel;
(26) Paper and pulp manufacturing
(27) Perfume manufacturing;
(28) Pickle, sauerkraut or sausage manufacturing;
(29) Plaster manufacturing;
(30) Poultry slaughterhouse, including packing and storage for wholesale;
(31) Printing ink manufacturing;
(32) Radium extraction;
(33) Sandblasting or cutting;
(34) Sawmill, the manufacture of excelsior, wood fiber or sawdust products;
(35) Sewage disposal plant;
(36) Shoddy manufacturing;
(37) Shoe blacking or polish or stove polish manufacturing;
(38) Soap manufacturing;
(39) Steam power plant, except where accessory to a permitted principal use;
(40) Stone and monument works employing power drive tools;
(41) Storage, drying, cleaning of iron, junk, rags, glass, cloth, paper or clipping, including sorting, refining, baling, woolpulling and scouring;
(42) Sugar refining;
(43) Tar or asphalt roofing or water-proofing manufacturing;
(44) Tar distillation or manufacturing;
(45) Vinegar manufacturing;
(46) Wire or rod drawing - nut, screw or bolt manufacturing;
(47) Yeast manufacturing.
(g) Public Utilities. Public utility buildings and facilities.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 35-1998. Passed 10-15-98.)
1161.02 CONDITIONAL USES.
The following uses shall be permitted only if expressly authorized by the Board of Zoning Appeals.
(a) General. Any other use that is determined by the Board to be of the same general character as the above permitted uses and is so regulated.
(b) Within 500 Feet of Any R-District or 200 Feet of Any Other District. The following uses are permitted as a conditional us when located not less than 500 feet from any R-District, and not less than 200 feet from any other district and subject to such conditions and requirements as may, in the opinion of the Board, be necessary to protect adjacent property and prevent conditions which may become noxious or offensive:
(1) Ammonia, chlorine or bleaching powder manufacture;
(2) Animal black, lamp black, bone black or graphite manufacture;
(3) Celluloid or pyroxyline manufacturing, or explosive or inflammable cellulose or pyroxyline products manufacturing or storage;
(4) Cement, lime, gypsum or plaster of Paris manufacture;
(5) Crematory;
(6) Creosote manufacture or treatment;
(7) Distillation of coal, petroleum, refuse, grain, wood, or bones, except in the manufacture of gas;
(8) Explosives manufacture or storage except for small arms ammunition;
(9) Fertilizer, compost: manufacture or storage;
(10) Fish curing, smoking or packing, fish oil manufacture or refining;
(11) Garbage, offal, dead animals, refuse, rancid fats: incineration, reduction or storage;
(12) Glue manufacture, size or gelatin manufacture where the processes include the refining or recovery of products from fish, animal refuse or offal;
(13) Hog farm;
(14) Livestock feeding yard;
(15) Petroleum or inflammable liquids production, refining and storage above ground;
(16) Rubber, caoutchouc or gutta percha manufacture and treatment from crude or scrap material or the manufacture of balata;
(17) Slaughtering of animals or stockyards;
(18) Smelting of ferrous or nonferrous ores;
(19) Storage, curing or tanning of raw, green or salted hides or skins;
(20) Sulphurous, sulphuric, nitric, picric, carbolic or hydrochloric or other corrosive acid manufacture;
(21) Any other use which, in the opinion of the Board, is of a similar character as those specified above.
(Ord. 12-1966. Passed 10-10-66.)
1161.03 ACCESSORY USES.
(a) General. Accessory uses and structures customarily accessory and incidental to a permitted use shall be permitted as an accessory use.
(Ord. 12-1966. Passed 10-10-66.)
1161.04 REQUIRED CONDITIONS.
(a) Enclosure Not Required. Any use may be conducted in the M-1 District within or without a building or enclosure, subject only to distance requirements where applicable.
(b) Junk Yards - Enclosure. All junk yards shall be enclosed by a solid board fence or wall not less than six feet high.
(Ord. 12-1966. Passed 10-10-66.)
1161.05 PROHIBITED USES.
(a) Dwellings, etc. Dwellings and residences of any kind, including motels, trailer parks; schools, hospitals, clinics, and other institutions for human care, except where incidental to a permitted principal use; provided, however, that any of the aforesaid uses legally existing in the M-1 District at the time of adoption of this Zoning Ordinance, or any amendment thereto, shall not be classified as a nonconforming use as defined in Section 1123.58 and shall not be subject to the provisions of Chapter 1189.
(b) Offensive Uses: Not to be Authorized. No use shall be permitted or authorized to be established or maintained which, when conducted under adequate conditions and safeguards in compliance with the provisions of this Zoning Ordinance, and any additional conditions or requirements prescribed by the Board of Zoning Appeals, is or may become hazardous, noxious or offensives due to the emission of odor, dust, smoke, cinders, gas, fumes. noise, vibration, heat frequency, refuse matter, or water-carried waste.
(Ord. 12-1966. Passed 10-10-66.)
1161.06 HEIGHT REGULATIONS.
Within 200 feet of any R-District, no structure shall exceed three stories or fifty feet in height, and no structure in any case shall exceed in height the distance measured to the center line of any adjoining street; except as provided in Chapter 1175.
(Ord. 12-1966. Passed 10-10-66.)
1161.07 LOT AREA, FRONTAGE AND YARD REQUIREMENTS.
Lot Area | Lot Frontage | Front Yard Depth | Side Yard Width | Rear Yard Depth | |
Nonresidential | None | None | 20 feet | None; except when adjoining R-District, then not less than 50 feet | 1-story: 40 feet 2-stories: 50 feet 3-stories: 60 feet Five feet more each additional story. |
Dwellings or residential parts of nonresidential buildings not permitted in M-1 District (existing dwellings same as R-3 District).
(Ord. 12-1966. Passed 10-10-66.)
1161.08 COURTS.
The requirements for courts shall be the same as in the R-3 District.
(Ord. 12-1966. Passed 10-10-66.)
1163.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used and no building or structure shall be altered or enlarged which is arranged or designed for other than one of the following uses, except as provided in Chapter 1189.
(a) General. Any use permitted and as regulated in the M- 1 District, except as hereinafter modified.
(b) Within 150 Feet of any R-District or Thirty Feet of any Other District. The following uses are permitted when located not less than 150 feet from any District and not less than thirty feet from any other district, and subject to the right of Council to designate that a particular property being classified as a permitted use under this M-Z District:
(1) Cement, lime, gypsum or plaster of Paris manufacture;
(2) Crematory;
(3) Fertilizer, compost: manufacture or storage;
(4) Any other use which, in the opinion of the Board of Zoning Appeals, is of a similar character as those specified above.
(Ord. 12-1966. Passed 10-10-66.)
1163.02 ACCESSORY USES.
(a) General. Accessory uses and structures customarily accessory and incidental to a permitted use shall be permitted as an accessory use.
(Ord. 12-1966. Passed 10-10-66.)
1163.03 PROHIBITED USES.
(a) Dwellings, etc. Dwellings and residences of any kind, including motels, trailer parks, schools, hospitals, clinics and other use specified in any R-District or B-District, except as an accessory use to a permitted principal use shall be prohibited.
(b) Offensive Uses: Not to be Authorized. No use shall be permitted or authorized to be established or maintained which, when conducted under adequate conditions and safeguards in compliance with the provisions of this Zoning Ordinance, and any additional conditions or requirements prescribed by the Board of Zoning Appeals, is or may become hazardous, noxious, offensive, or a nuisance, due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, heat frequency, refuse matter, or water-carried waste.
(Ord. 12-1966. Passed 10-10-66.)
(c) Adult Entertainment Facility. Adult Entertainment Facilities as defined in Chapter 1193 are not permitted in any M-2 Special Manufacturing Districts.
(Ord. 35-1998. Passed 10-15-98.)
1163.04 HEIGHT REGULATION.
Within 100 feet of any R-District, no structure shall exceed three stories or forty feet in height, except as provided in Chapter 1175.
(Ord. 12-1966. Passed 10-10-66.)
1163.05 LOT AREA. FRONTAGE AND YARD REQUIREMENTS.
Lot Area | Lot Frontage | Front Yard Depth | Side Yard Width | Rear Yard Depth |
5 acres or more | None | 30 feet | None; except when adjoining any R-District; then not less than 25 feet | None; except when adjoining any R-Districts; then not less than 40 feet |
Dwellings or residential parts of nonresidential dwellings are not permitted in M-2 Districts.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1165.01 PURPOSE.
The purpose of the planned unit development district overlay is;
(a) To permit development or redevelopment of land within the Village with greater flexibility than permitted in established zoning districts;
(b) To promote the efficient use of land;
(c) To encourage the most competent planning in the arrangement of buildings, the preservation of open space, the utilization of topography and other site features.
(d) To obtain creative and coordinated designs harmonious and compatible with surrounding land uses.
The "PUD" establishes procedures that are supplemental to those applicable in other districts under which development plans particularly designed to meet these objectives may be prepared. (Ord. 26-2010. Passed 8-5-10.)
1165.02 OVERLAY DISTRICT.
The "PUD" shall be applied as an overlay district on top of existing established zoning districts that govern land use, setbacks, site density, and other land use controls. Provisions of the underlying zoning district shall apply unless altered or superseded by the Planning Commission and Council approval of a "PUD" on a specific parcel or parcels of land as established by this Chapter.
Approval of a "PUD" and its provisions will be based on the proposed developments ability to meet the spirit and intent of the purposes for the specific type of "PUD" as stated herein. If the desired land use deviates significantly from the underlying zone, a zone change in both the underlying zone and the. request for the establishment of a "PUD" must be applied for at the same time. (Ord. 26-2010. Passed 8-5-10.)
1165.03 AUTHORITY TO VARY REGULATIONS.
In connection with approving a Planned Unit Development, the Planning Commission and Council shall have the authority to approve a Planned Unit Development that varies from the provisions of this Zoning Code or of the Subdivision Ordinance provided, however, such variance:
(a) Will achieve the purposes for which Planned Unit Developments may be approved pursuant to the requirements of this Chapter;
(b) Will not violate the general purposes, goals, and objectives of the Zoning Code and any Land Use or Comprehensive Plan enacted by the Village;
(c) Will not unduly burden adjacent roadways; and
(d) Will result in a development providing compensating amenities to the Village.
(Ord. 26-2010. Passed 8-5-10.)
1165.04 ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT OVERLAY.
The City Council may establish a Planned Development District Overlay on its own initiative, on the recommendations of Planning Commission, or upon the application of a property owner. The procedure for this zone change shall be as established in Chapter 1129, District Changes and Regulation Amendments.
(Ord. 26-2010. Passed 8-5-10.)
1165.05 TYPES OF PERMISSIBLE PLANNED UNIT DEVELOPMENT OVERLAYS.
The following are permitted types of Planned Unit Development Overlays. Proposed uses shall be carefully considered in light of the most recent adopted Land Use or Comprehensive Plan, the current Zoning Map and surrounding land uses.
(a) "PUD-R" Planned Unit Development – Residential. The PUD-R is established for a wide variety of housing types and related compatible uses. The PUD-R may include: residential, educational and/or recreational uses developed in a unified manner in accordance with the approved Final Development Plan.
(b) "PUD-B" Planned Unit Development – Business. The PUD-B is established for business and office type uses that may include a mix of the following types of uses, developed in a unified manner, in accordance with the approved Final Development Plan:
(1) Retail and service establishments.
(2) Business, administrative and professional offices.
(3) Residential, educational and/or recreational uses.
(c) "PUD-I" Planned Unit Development - Industrial. The PUD-I is established to permit light industrial and manufacturing type uses with no off-site impacts. The PUD-I may include a mix of the following types of uses, developed in a unified manner, in accordance with the approved Final Development Plan:
(1) Light manufacturing, processing, warehousing, and industrial service activities developed, operated and maintained within an organized development of associated activities.
(2) Retail, service and office establishments developed, operated and maintained within an organized development of associated activities whether as a principal or accessory use and only for the sale of products produced on site in accordance with the approved Final Development Plan
(3) Educational uses developed in a unified manner in accordance with the approved Final Development Plan.
(Ord. 26-2010. Passed 8-5-10.)
1165.06 DISTRICT SIZE.
The Planned Unit Development Overlay shall be comprised of a parcel or combination of parcels of land not less than two (2) contiguous acres. For the purposes of this Chapter, "contiguous" shall mean where parcels or properties directly abut each other or where parcels or properties are directly across a street, stream or other right-of-way from each other.
(Ord. 26-2010. Passed 8-5-10.)
1165.07 PERMITTED USES.
Development proposals may only include principally permitted and conditionally permitted uses as identified in this Zoning Code as based on the type of PUD requested in Section 1165.05, Types of Permissible Planned Unit Development Overlays. Upon successful review by the Planning Commission and approval by Council, the project shall be zoned as a Planned Unit Development Overlay. Each Planned Unit Development (PUD) shall be considered a separate zone district with regulations specifically applied to that district as an overlay. Each "PUD" shall be numbered and boundaries established on the Zoning Map. The regulations shall be adopted by Council after recommendations by the Planning Commission.
(Ord. 26-2010. Passed 8-5-10.)
1165.08 MINIMUM LOT DEVELOPMENT GUIDELINES.
The minimum guidelines for the specific Planned Unit Development Overlay Districts are as follows:
(a) PUD-R - Planned Unit Development Overlay - Residential.
(1) Land Covered by Impervious Surfaces. Land covered by impervious surfaces (building footprints, driveways, sidewalks, parking areas, etc.) shall not exceed seventy-five percent (75%) of any individual lot within the PUD-R.
(2) Minimum Lot Area.
A. There is no requirement for a minimum lot area within the PUD-R provided that a privacy yard, having a minimum area of 200 square feet, is provided on each single family attached or detached dwelling unit lot.
B. For the purposes of this Zoning Code, a “privacy yard” shall mean an open space on private lot, open to the sky, used for the private outdoor enjoyment of the occupants of the lot.
(3) Maximum Residential Density. The residential density in a PUD-R shall not exceed the following:
A. Single-Family Dwellings: Attached or Detached: Ten (10) Dwelling Units per Acre.
B. Two Family Dwellings: Ten (10) Dwelling Units per Acre.
C. Multi-Family Dwellings: Thirty (35) Dwelling Units per Acre.
(4) Minimum Lot Width. There is no requirement for minimum lot widths within the PUD-R.
(5) Maximum Building Height. The maximum height for buildings in the PUD-R shall be as follows:
A. Thirty-five (35) feet for single and twofamily dwellings.
B. Fifty (50) feet for multi-family dwellings.
(6) Minimum Required Setbacks. There shall be no minimum setback requirement for lots within the PUD-R. However, as a minimum, any yard of a property located within the PUD-R on the periphery of the. proposed PUD-R shall conform to the yard requirement of the adjacent conventional zoning district to complement the existing development.
(7) Common Open Space Required. A minimum of ten percent (10%) of the PUD-R shall be set aside as common open space. Private yards and private property shall not be considered part of the common open space calculations.
(b) PUD-B - Planned Unit Development Overlay - Business.
(1) Land Covered by Impervious Surfaces. Land covered by impervious surfaces (building footprints, driveways, sidewalks, parking areas, etc.) shall not exceed eighty-five percent (85%) of any individual lot within the PUD-B.
(2) Minimum Lot Area. There is no requirement for a minimum lot area within the PUD-B. However, when residential uses are integrated into the project, a privacy yard, having a minimum area of 200 square feet, shall be provided on each single family attached or detached dwelling unit lot. For the purposes of this Zoning Code. a "privacy yard" shall mean a space on lot, open to the sky, used for the private enjoyment of the occupants of the lot.
(3) Maximum Residential Density. When integrated into a PUD-B, the residential density in a PUD-B shall not exceed the following:
A. Single Family Dwellings: Attached or Detached: Ten (10) Dwelling Units per Acre.
B. Two Family Dwellings: Ten (10) Dwelling Units per Acre.
C. Multi-Family Dwellings: Thirty (35) Dwelling Units per Acre.
(4) Minimum Lot Width. There is no requirement for minimum lot widths within the PUD-B.
(5) Maximum Building Height. The maximum height for buildings in the PUD-B shall be as follows:
A. Thirty-five (35) feet where the underlying district is the B-1Neighborhood Business District.
B. Fifty (50) feet where the underlying district is the B-2 Office District.
C. Fifty (50) feet where the underlying district is the B-3 Community Business District.
D. Fifty (50) feet where the underlying district is the B4 General Business District.
(6) Minimum Required Setbacks. There shall be no minimum setback requirement for lots within the PUD-B. However, as a minimum, any yard of a property located within the PUD-B on the periphery of the proposed PUD-B shall conform to the yard requirement of the adjacent conventional zoning district to complement the existing development.
(7) Multiple Non-Residential Buildings Permitted on One Lot. Multiple non-residential buildings may be permitted on one (1) lot.
(8) Common Open Space Required. A minimum of twenty percent (10%) of the PUD-B shall be set aside as common open space. Private yards and private property shall not be considered part of the common open space calculations.
(c) PUD-I - Planned Unit Development Overlay - Industrial.
(1) Land Covered by Impervious Surfaces. Land covered by impervious surfaces (building footprints, driveways, sidewalks, parking areas, etc.) shall not exceed ninety percent (90%) of any individual lot within the PUD-I.
(2) Minimum Lot Area. There is no requirement for a minimum lot area within the PUD-I.
(3) Minimum Lot Width. There is no requirement for minimum lot widths within the PUD-I.
(4) Maximum Building Height. The maximum height for buildings in the PUD-I shall be as follows:
A. Fifty (50) feet where the underlying district is the M-l General Manufacturing District when within 200 feet of residentially zoned lots. Otherwise, height is negotiable.
B. Forty (40) feet where the underlying district is the M-2 Special Manufacturing District when within 100 feet of residentially zoned lots. Otherwise, height is negotiable.
(5) Minimum Required Setbacks. There shall be no minimum setback requirement for lots within the PUD-I However, as a minimum, any yard of a property located within the PUD-I on the periphery of the proposed PUD-I shall conform to the yard requirement of the adjacent conventional zoning district to complement the existing development.
(6) Multiple Non-Residential Buildings Permitted on One Lot. Multiple non-residential buildings may be permitted on one (1) lot.
(7) Common Open Space Required. A minimum of twenty percent (10%) of the PUD•I shall be set aside as common open space. Private yards and private property shall not be considered part of the common open space calculations. (Ord. 26-2010. Passed 8-5-10.)
1165.09 GENERAL DEVELOPMENT CRITERIA FOR A PLANNED UNIT DEVELOPMENT OVERLAY.
The Planning Commission shall not approve a request for a Planned Unit Development Overlay unless it shall, in each specific case. make specific findings of fact. Directly based upon the particular evidence presented to it, which support the conclusion that:
(a) The Planned Unit Development can be substantially completed within the period of time specified in the schedule of development submitted by the applicant
(b) The site will be accessible from public roads that are adequate to carry the traffic which will be imposed on them by the proposed development.
(c) The streets, sidewalks and bikeways on the site of the proposed development will be adequate to serve both the residents of the proposed development and the community at large. On-site and abutting thoroughfares will be brought into conformity with the Village Thoroughfare Plan.
(d) The development will not impose any undue burden on public facilities and services. such as fire and police protection.
(e) The development plan contains such proposed covenants, easements and other provisions relating to the proposed development as are reasonably required for the public health, safety and welfare.
(f) The location and arrangement of structures, parking areas walks. Lighting, signage and appurtenant facilities will be compatible with the surrounding land uses and designed in a fashion to be cohesive within the proposed development.
(g) Natural features such as watercourses and trees will be preserved. to the degree possible, so that they can be incorporated into the layout to enhance the overall design of proposed development and prevent the disruption of natural drainage patterns.
(h) The layout is designed to take advantage of the existing land contours in order to provide satisfactory road gradients and suitable building lots and to facilitate the provision of proposed services.
(i) Identifiable negative environmental, social or economic effects on surrounding areas and on the community at large will be minimized.
(j) The development does not involve uses, activities; layout and building designs that are detrimental to the use of both the proposed facilities and/or nearby properties by reason of excessive traffic, noise or vibration, storm water flooding, air or water emissions, objectionable glare or lack of proper regard for privacy;
(k) Buildings are designed with sufficient architectural variety and exterior surface complexity but including elements which serve to visually unify the development;
(1) The plan has minimized the size of paved areas or provided adequate visual relief through the use of landscaped islands while providing adequate parking; and
(m) The PUD conforms to the goals and objectives set forth in the any Land Use or Comprehensive Plan adopted by the Village at the time of application.
(Ord. 26-2010. Passed 8-5-10.)
1165.10 PROCEDURE FOR APPROVAL OF PLANNED UNIT DEVELOPMENT OVERLAY.
The complete review and approval process for a Planned Unit Development (PUD) consists of the following:
A subdivision plat for any PUD requiring subdivision plat approval shall be submitted simultaneously with the Final Development Plan for concurrent approval.
(Ord. 26-2010. Passed 8-5-10.)
1165.11 PREAPPLICATION CONFERENCE.
(a) Prior to filing a formal application for approval of a Planned Unit Development Overlay the applicant is strongly encouraged to request a preapplication conference with the Development Director and the Community Improvement Council.
(b) During the preapplication conference, the applicant should be prepared to present a general concept of the proposed development prior to preparation of detailed plans. For this purpose, the preapplication conference shall include, as a minimum, the following information:
(1) A location map;
(2) A topographic sketch;
(3) Sketch plans and ideas regarding land use, general locations of uses, dwelling types and density. street and lot arrangement and tentative lot sizes;
(4) Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.
(c) The Development Director shall advise the developer of the zoning requirements and Village plans which might affect the proposed development. as well as the procedural steps St. Bernard Zoning Code Chapter 1165 for approval. Furthermore, no statement or representation by the Development Director or the Community Improvement Council during the preapplication conference shall be binding on either the Planning Commission or Village Council.
(Ord. 26-2010. Passed 8-5-10.)
1165.12 PRELIMINARY PLAN REVIEW AND RECOMMENDATION BY PLANNING COMMISSION AND VILLAGE COUNCIL.
(a) Contents of Preliminary Plans. The applicant shall submit to the Development Director a Preliminary Plan application including five copies of the Preliminary Plan. If a rezoning is required, the application for rezoning, as required in Chapter 1129, District Changes and Regulation Amendments, may be held concurrently. Preliminary Plans shall be drawn at a minimum scale of one (1) inch equals one hundred (100) feet. Copies of the Preliminary Plan shall include:
(1) The general nature, location and objectives of the proposed development.
(2) The areas of the project to be used for each land use including: residential (number of units, size and density), commercial, office, industrial or other activities indicating the total square footage of each use.
(3) The boundaries of the project including a metes and bounds description of the parcel and the acreage therein.
(4) An area map showing adjacent property owners, existing land uses, and zoning within 200 feet of the subject parcel.
(5) Existing contours at five (5) feet intervals or less, accompanied by the proposed grading plans.
(6) The proposed internal pedestrian and vehicular circulation, off-street parking and loading areas.
(7) Descriptive data concerning the existing and proposed sewer, water, and storm drainage facilities within the project, indicating their size, location, availability and source.
(8) Location of all principal and accessory structures, indicatin3lntended heights, coverage and orientation.
(9) Location, size, capacity, drainage, and landscaping of the proposed parking lots within the project.
(10) A signage plan identifying the sizes and locations of all signage.
(11) Landscaping and existing vegetation, including planned buffer areas between uses.
(12) Common spaces, community facilities, including recreational and other non-building areas designated within the project, indicating areas to be in common ownership.
(13) Market and feasibility studies for the proposed principal uses and an indication of the expected service areas.
(14) A traffic impact study, if determined necessary by the Village.
(15) A document describing the proposed phasing program for the project for all dwelling units, commercial or office structures, industrial, recreational and other common facilities, landscaping and other open space Improvements.
(b) Review of Preliminary Plans. Within thirty (30) days following receipt of a complete application for the preliminary plan, the Planning Commission shall review the Planned Unit Development and take action on the Preliminary Plan.
(c) Public Hearing and Notification for Preliminary Plans. A public hearing shall be held by the Commission prior to action on the Preliminary Plan. Notice of the time, place and purpose of such hearing shall be given by publication at least once in a newspaper of general circulation in the Village not less than 10 days prior to the hearing date. In addition to the published notice, the Village shall give notice by first class mail of the time, place and purpose of the public hearing to all owners of record of real estate within 200 feet of the boundaries of the property in question. Furthermore, the notice shall state the Village mailing address of the Planning Commission. Failure to notify as provided herein shall not invalidate any department actions nor any public hearing or subsequent decision. Any written comments must be received at least one day prior to the date of the public hearing.
(d) Action by Planning Commission on Preliminary Plans. The Planning Commission may recommend to Council to: approve, deny, or approve with amendments, conditions or restrictions. The Planning Commission shall find, on the basis of information submitted with the application and the input received during the public hearing, that the proposed development is, is not, or is with amendments, conditions or restrictions consistent with the general and development criteria established in Section 1165.09.
(e) Action by Council on Preliminary Plan. Upon receipt of the Planning Commission report and recommendations, Village Council shall, in conformity with the provisions of this Chapter and the Ohio Revised Code, approve, deny or approve with amendments the district provisions and the amendment of the zoning map to provide for the "PUD". Legislation adopting a "PUD" shall include such criteria, limitations, maps and guidelines as the Council deems appropriate for the guidance of the developer and the Planning Commission.
(f) Approved Preliminary Plan. Approval of the preliminary plan does not constitute final approval of the Final Plan, but indicates that the Final Plan will be approved whenever it conforms to, the Preliminary Plan and, if applicable, the subdivision regulations, and represents authority for the applicant to proceed with the plans and specifications for all improvements. Preliminary Plan approval and PUD overlay zoning may become null and void if the approved completion schedule of any section is delayed more than twelve (12) consecutive months. Council may approve schedule extensions that do not exceed twelve (12) months total if requested by the applicant prior to the plan becoming void.
(g) Filing of approved Preliminary Plan and PUD Designation. The approved Preliminary Plan shall be signed and dated by the Development Director. Thereafter, there shall be no change, modification or deviation from the approved Preliminary Plan, unless the procedures of Section 1165, Modifications to Approved Final Plan, are followed. The official zoning map shall be amended at this time to include the appropriate PUD designation (PUD=R, PUD-B, PUD-I) on each underlying zone, and then, consecutively numbered (PUD-B-1, PUD-I-1, etc.). (Ord. 26-2010. Passed 8-5-10.)
1165.13 FINAL PLAN REVIEW AND RECOMMENDATION BY PLANNING COMMISSION.
After the adoption of the approved Preliminary Plan by Council, final approval of uses and layout must be obtained from the Planning Commission. The following procedure shall regulate this process.
(a) Contents of Final Development Plans. The applicant shall submit to the Development Director a Final Plan application including 5 copies of the Final Plan. Final Plans shall be drawn at a minimum scale of one (1) inch equals one hundred (100) feet. Copies of the Final Plan shall include the following as a minimum:
(1) The phasing schedule, if applicable.
(2) Identification of the land area to be developed and the land area to be devoted to open space with accurate acreage for each use.
(3) Final grading plans, indicating cubic footage of cuts and fills.
(4) The interior roadway system, indicating existing and proposed rights-of-way and easements and cross sections of new or improved streets.
(5) The location and widths of sidewalks and pedestrian ways.
(6) Site plans, floor plans, elevations, and cross sections for all buildings. Additional exterior detail drawings, materials specifications and paint colors will be required if deemed essential to the realization of the intent or scope of the "PUD" plan.
(7) Descriptions as to the type of buildings, square footages and use.
(8) The proposed open space system and areas to be in common ownership, if any.
(9) A detailed landscaping plan for all areas, indicating all existing and proposed vegetation by species, size and caliper; dimensions and materials, irrigation, and special lighting fixtures where applicable.
(10) Roadway, parking, and pedestrian lighting plans with lighting fixture types, heights and designs.
(11) The location, size, height, material, lighting method (if any), message, and design layout of all signage.
(12) Any modification of the general plan data presented and approved for the "PUD" applications may be required by the Planning Commission.
(b) Action by the Planning Commission. The Planning Commission shall act on the Final Plan as specified in Section 1165.13(a). In approving the Final Plan, the Planning Commission shall and all of the following to exist:
(1) The proposed Final Plan conforms to and is consistent with the approved Preliminary Plan;
(2) The proposed Final Plan complies with any and all conditions, that may have been imposed in the approval of the Preliminary Plan; and
(3) The proposed Final Plan is in accordance with the requirements of Section 1165.09, General Development Criteria for a Planned Unit Development Overlay.
(4) The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood. Violations of such conditions or Safeguards, when made a part of the terms under which the Final Plan is approved. shall be deemed a violation of this Zoning Code and punishable as stated in Chapter 1125, Enforcement. (Ord. 26-2010. Passed 8-5-10.)
1165.14 PHASING.
Phasing of Planned Unit Development shall be governed, in part, as follows:
(a) If the PUD is to be developed in phases, the first phase shall be ninety (90) percent complete before beginning any subsequent phases unless approval is granted by the Planning Commission.
(b) After general construction commences (the installation of streets for subdivision developments or the installation of a foundation for single site development PUD's), the developer shall submit progress reports every six (6) months to the Development Director which shall review all building permits issued and compare them to the overall development phasing schedule. If it is determined that the rate of construction of residential units or non-residential structures substantially differs from the phasing schedule, they shall notify the developer in writing. Thereafter, the Development Director may issue such orders to the developer as they see fit, and upon continued violation of this Chapter may suspend the developer from further construction of dwelling units or nonresidential structures until compliance is achieved. (Ord. 26-2010. Passed 8-5-10.)
1165.15 MODIFICATIONS TO THE APPROVED FINAL PLAN.
A Planned Unit Development shall be developed only according to the approved and recorded Final Plan and all supporting data. The recorded Final Plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of the premises (including the internal use of buildings and structures) and location of structures in the Planned Unit Development, as set forth therein.
(a) Major Changes. Changes which alter the concept or intent of the Planned Unit Development, including:
(1) Increases in the density by more than ten (10) percent.
(2) Increases in the height of building(s) by more than ten (10) percent.
(3) Reductions of proposed open space by more than ten (10) percent.
(4) Modification in proportion of housing types by more than ten (10) percent.
(5) Changes in standards of infrastructure or alignment of streets, including major alterations in the placement of utilities, water, electricity, drainage or changes in the final governing agreements, provisions or covenants.
A. Major changes shall only be approved by submission of a new Preliminary Plan and supporting data, and following the Preliminary Plan approval steps, holding of a new public hearing and subsequent amendment and recordation of the Final Plan document.
B. Minor changes. The Development Director may approve minor changes in the Planned Unit Development which do not change the concept or intent of the development, without going through the development plan approval steps. Minor changes are defined as any change not defined as a major change above. Any minor changes approved shall be properly filed with the Development Director or it shall be automatically deemed to be a major change.
(Ord. 26-2010. Passed 8-5-10.)
1165.16 TIME PERIOD AND VALIDITY OF PLANNED UNIT DEVELOPMENT OVERLAY.
The time period of validity for approved plans shall be as follows:
(a) Zoning and Preliminary Plan. Once a Planned Unit Development Overlay District is created, it may revert back to its underlying zoning designation if:
(1) A Final Plan has not been submitted to the Village within twelve (12) months; or
(2) No construction has begun pursuant to the Final Plan within twenty-four (24) months; or
(3) The timing of each phase exceeds the time frame stated in the Preliminary and Final Plans.
(b) Expiration of Planned Unit Development Overlay. If an approved Preliminary or Final Plan expires as provided above, notice of such expiration shall be recorded by the Development Director, and such approval shall be considered as having been revoked. No further zoning certificates for any structure shall be issued. The zoning regulations for the underlying district shall then apply unless and until a complete Final Plan is re-filed with, and approved by, the Village.
(Ord. 26-2010. Passed 8-5-10.)
1165.17 FINANCIAL RESPONSIBILITY.
After the Final Plan of a Planned Unit Development Overlay has been approved and before it is recorded at the Hamilton County Recorder's office, the developer may be required by the Village to execute a performance bond, certified check or irrevocable letter of credit to the Village covering the estimated cost of required public and/or common area improvements. Bonds shall be kept in the office of the Development Director. A performance bond or cash deposit shall be made in favor of the Village of St. Bernard and shall provide that the developer, or his or her heirs, successors, assigns, agents or servants, will comply with all applicable terms, conditions, provisions and requirements of these and other pertinent regulations, and will faithfully perform and complete the work of constructing such facilities or improvements in accordance with such laws and regulations. Bonds for streets shall be held until all construction is complete within the Planned Unit Development. (Ord. 26-2010. Passed 8-5-10.)
1165.18 FILING FEES.
Any applicant requesting a Planned Unit Development Overlay shall make a nonrefundable payment to the Village at the time of submittal of the Preliminary Plan in the form of a ''PUD'' filing fee as established in the Village Fee Ordinance. (Ord. 26-2010. Passed 8-5-10.)
1165.19 VIOLATION.
Whenever the Development Director shall find, in the case of any approved Final Plan, that any of the terms, conditions, or restrictions are not being complied with, the Development Director may rescind and revoke such approval. Violations of such conditions or restrictions, when made a part of the terms under which the Final Plan is approved, shall be deemed a violation of this Zoning Code and punishable as stated in Chapter 1125, Enforcement.
(Ord. 26-2010. Passed 8-5-10.)