Springdale City Zoning Code

ZONING DISTRICTS

AND REGULATIONS

§ 153.250 PURPOSE.

The incorporated territory of Springdale, Ohio, is hereby divided into zoning use districts wherein regulations are uniform for each class or kind of building or structure or use throughout each zoning district, in order to:

(A) Classify, regulate, and restrict the location of commercial establishments, industries, residences, recreation, and other land uses, and the location of buildings designed for specific uses;

(B) Regulate and limit the height, number of stories, size of buildings and other structures hereafter erected or altered;

(D) Establish setback lines, sizes of yards, and other open spaces surrounding such buildings.

(Ord. 4-2016, passed 3-2-16)

§ 153.251 DISTRICT ESTABLISHMENT AND MAP.

(A) Districts established. For the purpose of this code, all land falling within the incorporated territory of Springdale, Ohio, is hereby divided into the districts established in Table 251-1: Zoning Districts.

TABLE 251-1: ZONING DISTRICTS
Abbreviation	District Name
Residential Zoning Districts
RSH-E	Residential Single Household - Estate Density
RSH-L	Residential Single Household - Low Density
RSH-H	Residential Single Household - High Density
RMH	Residential Multi-Household
Non-Residential Zoning Districts
PF	Public Facilities
OB	Office Building
GB	General Business
SS	Support Services
GI	General Industrial
Special Districts
PUD	Planned Unit Development District
T	Transition District
CRD	Springdale/Route 4 Corridor Review District

(1) Whenever the abbreviated terms, such as OB, RSH-L, or GB, are used in this code, they shall be construed as referring to their corresponding district titles.

(2) The above classification of districts shall not be construed as enumerated of most restrictive to least restrictive districts except for the specific purposes set forth in this code.

(B) Scope of regulations. Any building or parcel of land may be used, and the use of any building or any parcel of land shall only be changed or extended, and any existing building shall only be altered, converted, enlarged, reconstructed, moved, or maintained, only for the uses specifically enumerated or referred to as permitted, or required, in the district in which the building or parcel of land is located and for no other use. The enumeration of uses within a district shall not be construed as a ranking of the most desirable to less desirable uses.

(C) Map and notations incorporated. The boundaries of the districts are shown upon the zoning map of the City of Springdale which was adopted by ordinance (and as may be amended from time to time), which is hereby incorporated as if fully set forth herein. The map is made a part of this zoning code and all notations, references, and other information shown thereon are a part of this zoning code and have the same force and effect as if the zoning map and all notations, references, and other information shown thereon were fully set forth and described herein.

(D) Zoning vacated properties. Whenever any street, alley, or other public way is vacated by official action of City Council, the zoning of the district adjoining each side of such street, alley, or other public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall henceforth be subject to all appropriate regulations of the extended districts.

(E) Zoning annexed territories. All territory which may hereafter be annexed to the municipality shall be rezoned to the zoning district most similar to the previous zoning of the territory.

(F) Rules for uncertain boundaries. The district boundary lines of the zoning map enclose an area of a designated district, and generally follow recorded lot lines, the center line of streets, railroad rights-of-way or their extensions, or fixed points. However:

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

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

(3) Where a district boundary line does not coincide with any of the aforesaid lines and where it is not located by dimensions or fixed points shown on the map, the Planning Commission shall determine the exact location by use of an engineer's scale as measured on the zoning map.

(G) Relationship of overlay districts.

(1) Where land is classified into an overlay zoning district as well as an underlying base zoning district, the regulations governing development in the overlay zoning district shall apply in addition to the regulations governing the underlying base district.

(2) In the event of an express conflict between the standards of the overlay zoning district and the underlying base zoning district, the standards governing the overlay district shall control.

(3) In some instances, land may be classified into multiple overlay districts. In the event of an express conflict between the standards of the multiple overlay districts, the most restrictive standards shall apply.

(Ord. 4-2016, passed 3-2-16)

§ 153.252 RESIDENTIAL ZONING DISTRICTS.

(A) Purpose statement. The following are the purpose statements for each of the city's residential zoning districts:

(1) Residential Single Household - Estate Density (RSH-E). It is the purpose of the “RSH-E” district to encourage the establishment and retention of residential neighborhoods consisting of single household dwellings on large lots while preserving the undeveloped lands within this district for similar types of residential uses.

(2) Residential Single Household - Low Density (RSH-L). It is the purpose of the “RSH-L” district to encourage the establishment and retention of residential neighborhoods consisting of single household dwellings on medium sized lots while preserving the undeveloped lands within this district for similar types of residential uses.

(3) Residential Single Household - High Density (RSH-H). It is the purpose of the “RSH-H” district to encourage the establishment and retention of residential neighborhoods consisting of single household dwellings on very small lots while preserving the undeveloped lands within this district for similar types of residential uses.

(4) Residential Multi-Household (RMH). It is the purpose of the “RMH” district to encourage the establishment and retention of varying densities of residential neighborhoods consisting of multi-household dwellings, two household dwellings and single household dwellings while preserving the undeveloped lands within this district for similar types of residential uses.

(B) Permitted uses.

(1) Table of permitted uses. Table 252-1: Residential Permitted Uses lists the uses allowed within the residential zoning districts.

(2) Permitted uses. A “P” in a cell indicates that a use is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this code.

(3) Permitted uses with standards. A “PS” in a cell indicates that a use category is allowed by-right in the respective zoning district if it meets the additional standards set forth in the numerically referenced sections. Permitted uses with standards are subject to all other applicable regulations of this code.

(4) Conditional uses.

a) A “C” in a cell indicates that a use may be permitted if approved through a conditional use permit (see § 153.204: Conditional Use Permits). Conditional uses may be subject to use-specific standards as identified in the last column of Table 252-1: Residential Permitted Uses. Conditional uses are subject to all other applicable regulations of this code.

b) The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any use that is permitted as a conditional use shall be subject to the general review standards for all conditional uses established in § 153.204: Conditional Use Permits.

(5) Prohibited uses. A blank cell in Table 252-1: Residential Permitted Uses indicates that a use is prohibited in the respective zoning district.

(6) Numerical references. The subsections contained in the “Additional Requirements” column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the “Additional Requirements” column apply in all zoning districts unless otherwise expressly stated.

(C) Table of permitted uses. Table 252-1: Residential Permitted Uses identifies the list of permitted uses in all the residential zoning districts.

TABLE 252-1: RESIDENTIAL PERMITTED USES
P = Permitted PS = Permitted with Standards C = Conditional Use Blank Cell = Prohibited
Use Type	RSH-E	RSH-L	RSH-H	RMH	Additional Requirements
Residential Use Classification
Single household dwelling	P	P	P	P
Two household dwelling				P
Multi-household dwelling				P
Public and Institutional Use Classification
Assisted living and residential care facilities				PS	153.252(E)(1)
Community social service facilities	C	C	C	C	153.252(E)(2)
Educational institutions	C	C	C	C
Group homes and adult group homes	C	C	C	C	153.252(E)(3)
Parks/playgrounds/play fields/open space	P	P	P	P
Religious places of worship	PS	PS	PS	PS	153.252(E)(4)
Residential Accessory Uses
Air conditioning, heat pump, and fixed electric generator equipment	PS	PS	PS	PS	153.252(F)(1)
Aviary	P	P	P	P
Child’s playhouse, tree house, or birdhouse	P	P	P	P
Fences, walls, and hedges	PS	PS	PS	PS	153.252(F)(2)
Garages, carports, and parking areas	PS	PS	PS	PS	153.252(F)(3)
Home occupations	PS	PS	PS	PS	153.252(F)(4)
In-home child and adult care	PS	PS	PS		153.252(F)(5)
Keeping of domesticated pets, domesticated farm animals, husbandry of fowl, rabbits, or bees	PS	PS	PS	PS	153.252(F)(6)
Landscape features	P	P	P	P
Non-commercial radio, television, or other similar receiving antenna or structure	PS	PS	PS	PS	153.252(F)(7)
Parking and storage of vehicles and equipment	PS	PS	PS	PS	153.252(F)(8)
Portable storage units	PS	PS	PS	PS	153.252(F)(9)
Private gardens	P	P	P	P
Real estate sales office/model homes	PS	PS	PS	PS	153.252(F)(10)
Satellite dish-type antennas	PS	PS	PS	PS	153.252(F)(11)
Small wind energy turbines (SWETs)	PS	PS	PS	PS	153.252(F)(12)
Solar panels	PS	PS	PS	PS	153.252(F)(13)
Statuary, arbors, trellises, and flag poles	P	P	P	P
Storage structures and accessory buildings	PS	PS	PS	PS	153.252(F)(14)
Swimming pools, tennis courts, hot tubs, spas, and other accessory recreational facilities designed for personal use	PS	PS	PS	PS	153.252(F)(15)

(D) Residential use standards.

(1) There shall not be more than one single household or one two household dwelling permitted on a zoning lot. There may be more than one multi-household building on a zoning lot.

(2) No one or two household dwelling shall be located to the rear of any building on the same lot or on another lot that has insufficient frontage under this code on a dedicated street, the improvement of which has been approved by the city.

(3) Multi-household buildings may be arranged in groups and each building need not directly front on a dedicated street.

(E) Public and institutional use-specific regulations.

(1) Assisted living and residential care facilities. Assisted living and residential care facilities shall be subject to the following development standards:

a) Minimum lot size shall be five acres.

b) Minimum lot width shall be 300 feet.

c) Minimum front yard and side yard setbacks shall be 50 feet.

d) Minimum rear yard setback shall be 55 feet.

e) Maximum building coverage shall be 25 percent.

f) Minimum green space shall be 50 percent.

g) Maximum height shall be 35 feet.

(2) Community social service facilities. Community social service facilities may be permitted in all residential zoning districts with a conditional use permit and are subject to the development standards of the district in which it is located and which can be found in Table 252-2: Residential Single Household Development Standards and Table 252-3: Residential Multi-Household Development.

(3) Group homes.

a) Development standards. Group homes are subject to the following development standards:

i) Minimum lot size shall be five acres.

ii) Minimum lot width shall be 300 feet.

iii) Minimum front yard and side yard setbacks shall be 50 feet.

iv) Minimum rear yard setback shall be 55 feet.

v) Minimum building coverage shall be 25 percent.

vi) Minimum green space shall be 50 percent.

b) Submission requirements. The operator or agency applying for a conditional use permit to operate a group home shall submit the following information to aid the Planning Commission in their review of the requested facility:

i) A license or evidence of ability to obtain a license, if such is required, from the pertinent government unit prior to operation. If licensing is not required, a verified affidavit so stating shall be presented.

ii) A copy of the sponsoring agency’s occupancy standards, if any.

iii) A development plan for the proposed facility, indicating structure outline and floor area, off-street parking provisions, driveway access, landscaping and screening provisions, and recreational and open space facilities.

c) Findings by Planning Commission. In its review of each proposed group home, the Planning Commission shall make specific findings of fact relative to the following factors:

i) Whether the group home is licensed by the appropriate authority within the State of Ohio and Hamilton County. If such licensing is not available or not applicable, a verified affidavit so stating shall be provided to the city.

ii) Whether the proposed facility is approved by the local agency responsible for providing support services and/or programs to the facility.

iii) Whether the architectural design, construction and site layout of the proposed facility and the location, nature, and height of any walls, screens and fences will be consistent with the permitted uses by the zoning district in which it is located.

iv) Whether there are facts indicating that the proposed facility would unreasonably impact noise, lights, congestion, or traffic generation which would be inconsistent with the permitted uses by the zoning district in which it is located.

v) Whether the property complies with the yard, parking, and sign regulations.

vi) Whether the proposed facility will contribute to the density of the area, or would result in excessive concentration of group homes within a residential district.

d) If the owner or owner's authorized agent has failed to provide sufficient, non-speculative information to establish the provisions of division c) are satisfied, the Planning Commission shall not issue a conditional use permit.

(4) Religious places of worship. Religious places of worship are permitted in all residential zoning districts subject to the following conditions:

a) Religious places of worship shall have a minimum lot area of two acres and a minimum lot width of 200 feet.

b) All buildings and structures shall comply with the following setbacks:

i) Minimum front yard and side yard setbacks are 50 feet.

ii) Minimum rear yard setback is 55 feet.

c) No more than 35 percent of any lot shall be occupied by buildings or structures.

d) Each lot shall have a minimum of 30 percent green space.

e) The maximum height for buildings and structures shall be 30 feet. However, domes, steeples, crosses, religious symbols, chimneys, and radio and television antennae located on and constituting an integral part of the main church building may extend to a height not to exceed 45 feet above the average finished grade.

f) Any signage shall comply with the signs section.

g) The required minimum number of parking spaces shall be determined as provided by § 153.302(P): Schedule of Off-Street Parking Requirements.

(F) Residential accessory use-specific regulations.

(1) Air conditioning, heat pump, and fixed electric generator equipment.

a) Any wall bracket or ground supported air conditioning, heat pump, or electric generator unit shall not project into or be located in a front yard, but such unit may be located in a side yard if it is no closer than seven feet to the side lot line and, if the unit is ground mounted, is screened from view from the front lot line.

i) Such screening shall consist of landscaping, fencing, or other type of structure.

ii) In all cases, screening shall be consistent with the aesthetics and design of the residence and neighborhood.

b) Units may be located in the rear yard if they are not less than seven feet from a rear or side lot line.

c) On corner lots, units shall be set back from the side street not less than the required setback for the adjacent main building on the abutting lot plus an additional five feet.

d) Units shall not exceed 16 feet in height or the height of the main building to which it associated, whichever is less.

e) Units shall not cover more than 120 square feet of ground area.

(2) Fences, walls, and hedges. Fences, walls, and hedges are permitted in residential zoning districts subject to the following conditions:

a) Location.

i) No fence or wall, other than a retaining wall, shall project past the front building line of any principally permitted or conditionally permitted structure.

ii) Hedges shall be permitted in the required front yard if they are three feet in height or less.

iii) Fences on corner lots shall not be located in the required setback for the building from the side street line.

iv) If no structure exists on said residential property, any fence, wall, or hedge may project past the front building line of the average of the adjacent properties or the minimum front yard setback, whichever is greater.

b) Height. Fences and walls shall not exceed six feet in height in the required rear and side yards.

c) Materials.

i) Above ground fences shall not contain an electric charge.

ii) Barbed wire and razor wire are prohibited in the residential zoning districts.

iii) Chain link type fences may be used in the side and rear yards of residential zoning districts.

iv) Retaining walls and decorative walls, located in the front yard (or side yard when on a corner or otherwise visible from the public right-of-way) shall either be of a natural quarried stone construction or of a manufactured precast concrete modular wall system with exposed vertical surfaces of a highly textured, rough-hewn appearance that simulates a natural quarried stone. Any coloring to the wall material shall not be a surface coating, but shall be integral to the concrete material makeup of the precast modular retaining wall system.

v) All structural supports of any fence shall be erected with such supports on the inside of the area to be enclosed, except as permitted in the following cases:

A. A fence visible from a public right-of-way which is designed with a finished appearance on one side shall be oriented so that the finished side faces the right-of-way.

B. A fence that adjoins the side or rear lot line of another lot may be erected with such supports on the outside of the area to be enclosed if the owners of the adjacent lot or lots has provided a signed and notarized letter attesting to their approval of the fence.

(3) Garages, carports, and parking areas. Garages, carports, and open off-street parking areas shall be permitted in residential districts if accessory to a dwelling. Other parking facility requirements are specified in the Off-Street Parking and Loading section.

(4) Home occupations. Home occupations such as home crafts, dressmaking, millinery, weaving, home decorating, services including, but not limited to, repairing furniture, computers, and radios, sharpening tools, and office space for businesses or services including, but not limited to, accountant, architect, artist, engineer, lawyer, musician, or physician may be permitted in residential zoning districts and shall be regulated as follows:

a) Only one occupation is permitted per dwelling unit.

b) Said home occupations shall be clearly incidental and subordinate to the use of the property for residential purposes.

c) The occupation is conducted wholly within a building and the space used for said home occupation does not occupy more than 20 percent of the gross floor area of the building.

d) Only members of the household residing within the dwelling shall work or assist in the occupation.

e) No mechanical equipment shall be used which will create any dust, noise, odor, glare, vibration, or electrical disturbance beyond the lot line.

f) The residential character of the exterior of the property shall not be changed. Furthermore, no signs shall be utilized other than an unlit nameplate not more than two square feet in area.

g) The number of vehicles attracted to the premises as a result of the home occupation shall not exceed two at any one time, excluding delivery vehicles temporarily stopped for purposes of pick-up or delivery.

h) Tractor trailers are not allowed on the premises of a home occupation.

i) Home occupations shall not include barber shops, beauty shops, shoe repair, automotive repair, motorcycle repair, pet grooming, or heavy equipment repair.

j) No merchandise or commodity shall be sold on the premises.

k) There shall be no outside storage, including machinery and equipment, of any kind related to the home occupation. Furthermore, no display of the products shall be visible from the street.

l) No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the home occupation, shall be created.

m) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for deliveries and clients.

(5) In-home child and adult day care. In-home child and adult care shall be permitted in all residential zoning districts, provided that:

a) Care is provided for a portion of a 24-hour day with no overnight stay.

b) In-home child day care is limited to one to six children, at one time, and shall be subject to requirements for type-B day care homes as defined by the Ohio Revised Code.

c) In-home adult day care is limited to a maximum of six adults.

d) No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the day care, shall be created.

e) Day cares may not employ any individual that does not reside within the subject household.

f) The number of vehicles attracted to the premises as a result of the day care shall not exceed two at any one time, excluding delivery vehicles temporarily stopped for purposes of pick-up or delivery.

g) The residential character of the exterior of the property shall not be changed. Furthermore, no signs shall be utilized other than an unlit nameplate not more than two square feet in area.

h) Hours of operation shall be limited to 6:30 a.m. to 7:00 p.m.

(6) Keeping of domesticated pets, domesticated farm animals, husbandry of fowl, rabbits, or bees, and domesticated household pet day care facilities.

a) Household domesticated pets shall be regulated as follows:

i) No more than three dogs, three cats or a combination of dogs and cats so as not to total more than three.

ii) The kenneling of household domesticated pets and catteries are prohibited in residential districts. However, in the event of a household domesticated pet giving birth to young, such young will not be considered as constituting a violation of these regulations during a maximum 120-day weaning period.

b) Domesticated farm animals shall be regulated as follows:

i) No goat, sheep, pig, cow, horse or pony may be kept on a lot less than five acres.

ii) No structure containing such use may be located less than 250 feet from all adjacent residential lot lines or any residence.

iii) One such animal shall be permitted for each full acre in excess of four upon which the animal or animals are kept.

c) Husbandry of fowl and rabbits shall be regulated as follows:

i) Fowl and rabbits may be raised or kept for a resident owner's use on a lot of not less than three acres of area.

ii) The structure containing such use shall be located not less than 100 feet from all adjacent residential lot lines.

d) The keeping of bees in residential areas is permitted under the following conditions:

i) In order to have beekeeping privileges within the city, all beekeepers are required to maintain and register their hives as set forth in R.C. Chapter 909 "Apiaries".

ii) All beekeepers are required to register with the City of Springdale setting forth the location of their hives and number of colonies of bees.

iii) Any lot used for beekeeping must have a minimum size of 7,500 square feet. Lots between 7,500 and 15,000 square feet are permitted up to four hives. One additional hive is permitted per additional 5,000 square feet. Two additional temporary hives are allowed for hive separation or new swarm establishment purposes. Such temporary hives shall be removed from the property within two weeks.

iv) Hives shall be placed in the rear yard of the property with a minimum setback of 30 feet from a public or private street, sidewalk or roadway. Hives shall have a minimum setback of 20 feet to an abutting property line.

v) A fresh water source shall be maintained within 15 feet of the hives.

vi) Hives will not be counted towards the total number of accessory structures permitted.

vii) The owner of the hive(s) must be a resident in a dwelling located on the same lot on which the hive(s) are registered. Hives are only permitted on lots with single family residential units located on them.

viii) The maintenance of each colony shall meet the following conditions:

a. Colonies shall be maintained in readily movable frame hives.

b. Each hive must conspicuously display the Apiary Identification Number assigned pursuant to R.C. Chapter 909 on no less than the base and the box. The identification number shall be on a side that is visible without moving or lifting of said hive.

c. Adequate space shall be maintained in the hive to prevent overcrowding and swarming.

d. Colonies shall be requeened following any swarming or aggressive behavior or seized and destroyed without remuneration.

e. A flyway barrier six feet in height shall be provided to shield any part of a property line that is within 30 feet of a ground hive. The barrier shall consist of a wall, fence, dense vegetation or a combination thereof, such that honeybees will fly over rather than through the material to reach the colony. Vegetative solutions are recommended to provide additional opportunity for foraging and pollination.

1. Any required flyway barrier must continue parallel to the property line of the lot upon which the apiary is located for ten feet in any direction beyond the extent of the hives.

2. If a barrier of dense vegetation is to be used, the initial planting shall be four feet in height at the time of installation.

ix) A permit providing the privilege to keep bees within the City of Springdale shall be provided by the City of Springdale to a beekeeper once it is established that the necessary requirements outlined in this section are satisfied.

x) Beekeeping privileges may be revoked from any property by written notification to the property owner by the City of Springdale. Revocation must be done with cause, however, the cause need not to be the fault of the beekeeper, nor be a factor that is under the control of the beekeeper. The city may revoke beekeeping privileges for any condition or combination of circumstances that jeopardizes, endangers or otherwise constitutes an actual potential or perceived menace to public health or safety.

(7) Non-commercial radio, television, or other similar receiving antenna or structure.

a) The dish, antenna, or structure must be located in the rear yard.

b) The height of the structure may not exceed the lesser of the width or depth of the property as determined by a line bisecting such structure and measured from one side of the property to the other, or from the front property line to the rear at the shortest distance there between. The maximum height allowed is 30 feet.

c) The construction shall be of such type as may be required by the city to form a safe and durable structure.

(8) Parking and storage of vehicles and equipment.

a) All vehicles stored or parked, in open areas or on driveways or on parking areas (as defined in § 153.600: Definitions) shall be roadworthy and currently licensed at all times. All boats and personal watercrafts on trailers stored in open areas or parked on driveways shall be water worthy at all times. Vehicles and boats which are undergoing minor repairs or maintenance, the duration of which does not exceed 72 hours, shall not be considered to be in violation of this paragraph, provided such units are restored to roadworthy/water worthy condition before the elapse of 72 hours.

b) Farm machinery, equipment used in construction work and commercial tractors shall not be stored, or parked on residential property except as provided herein.

c) In all residential districts only passenger vehicles, which do not exceed 20 feet in length and/or eight feet in height may be parked or stored upon a driveway or parking area, as defined in § 153.600: Definitions.

d) All other motor vehicles, boats, personal watercraft, and trailers, not described in this section, shall be stored or parked on residential property only within a permitted enclosed structure or as otherwise permitted in this code.

i) One recreational vehicle, one boat on a trailer, one personal watercraft, or one trailer used for recreational purposes may be stored in an unenclosed area in the side or rear yard of the property, but not closer than five feet to the nearest lot line. The recreational vehicle, boat on a trailer or trailer used for recreational purposes need not be parked on an improved surface.

ii) Boats not on trailers, recreational vehicles, personal watercrafts, and trailers not resting on wheels are defined as structures in accordance with this code and are regulated elsewhere by this zoning code. Regardless of whether the described vehicles are resting on wheels or not, no more than one recreational vehicle, one boat, one boat on trailer, or one trailer used for recreational purposes may be stored in an unenclosed area on any residential parcel or residential lot.

iii) Any recreational vehicles, boats on trailers, personal watercrafts, and trailers used for recreational purposes may be parked on driveways for periods which do not exceed a total cumulative time of 96 hours during any calendar month for the limited purposes of loading, unloading, cleaning or effecting minor repairs or maintenance.

iv) No temporary or permanent human occupancy may occur therein except for loading, unloading, effecting minor repairs or maintenance or while in the process of actual transportation.

e) One non-recreational trailer may be stored in an unenclosed area in the side or rear yard of the property, but not closer than five feet to the nearest lot line. The nonrecreational trailer must be parked on an improved surface made of concrete or asphalt.

f) No person shall cause to stand, park, store, or permit the standing, parking or storage of any commercial vehicle in or upon any driveway, side yard, front yard, or rear yard, unless enclosed within a garage within any residential zoning district. However, one commercial vehicle shall be permitted to be parked or stored in or upon a driveway in a residential zoning district provided it does not have more than one rear axle or more than two wheels on any one axle on the road unless used exclusively for personal use.

g) The foregoing prohibition shall not apply to any commercial vehicle which is temporarily parked incidental to providing maintenance, construction, repair, or delivery services at or upon the premises, including the delivery or loading of property or passengers.

h) The impervious surface ratio of the required front yard shall not exceed 50%. The impervious surface ratio shall include porches, sidewalks, driveways and/or other permanent impervious surfaces, which project into the required front yard (excluding the public right-of-way).

(9) Portable storage units. A portable storage unit is permitted as a temporary, accessory use in a residential district and shall be regulated as follows:

a) Portable storage units are only permitted as a temporary use for a period not to exceed 30 days within a one-year period. A permit is required to place a portable storage unit on any premises for a period longer than 14 days.

b) Portable storage units must be located on a paved surface and a minimum of ten feet from the right-of-way.

c) Portable storage units may not exceed a total of 1,200 cubic feet on the interior.

d) If the portable storage unit is being used to store personal property as a result of a major calamity (e.g. fire, flood, or other event where there is significant property damage), the Building Official or his or her designee may waive the provisions of the subsection.

e) The owner and occupier of residential property on which a violation of this section occurs shall be liable for the violation if they knew or should have reason to know of the condition which caused the violation.

f) Storage or any other use in a trailer or non-permanent structure shall not be permitted.

(10) Real estate sales offices/model homes. Real estate sales offices/model homes may be permitted provided that the use:

a) Is located on a platted lot;

b) Is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscaping;

c) Is operated by a developer or builder active in the same phase or section where the use is located; and

d) Is removed or the model home is converted into a permanent residential use once 85 percent occupancy in the section or phase of the development is reached.

(11) Satellite dish-type antennas. Satellite dish-type antennas, defined in § 153.600: Definitions, are permitted as an accessory use in all residential zoning districts and shall be regulated as follows:

a) One satellite dish-type antenna per parcel is permitted.

b) It shall only be located in the rear yard.

c) It shall not exceed 12 feet in height or the height of the primary building on the lot, whichever is less.

d) It shall not exceed 120 square feet of ground area at the base.

e) It shall not project into front or side yards.

f) On corner lots, it shall be set back from the side street not less than the required setback for the primary building on the abutting lot plus an additional five feet.

g) It shall be located not less than 20 feet from any dwelling unit on an adjacent residential lot.

h) It shall be reasonably screened from any adjacent property with landscaping, mounding, or a combination thereof, but the screening shall not be required to be placed so high in front of the dish as to interfere with reception of the antenna. Any application for a permit to erect such antenna shall include provisions for said screening. Such screening shall be maintained in good condition as long as the antenna remains in place.

i) It shall provide service for only the lot or parcel on which it is located.

j) It shall not be roof mounted on the main or any accessory building.

k) Advertising. The satellite dish apparatus shall bear no advertising, lettering, picture, or visual image other than the manufacturer's name.

l) Maintenance. The satellite dish apparatus shall be properly maintained to prevent both unsightly and unsafe conditions.

m) Exemptions. This section does not apply to the following:

i) Dish-type antennas that are one meter (39.37 inches) or less in diameter and that are designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

ii) Antennas that are one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.

iii) Antennas that are designed to receive local television broadcast signals.

(12) Small Wind Energy Turbines (SWETs).

a) SWETs may be located on lots with a minimum lot area of two acres or more. However, if the proposed turbine is attached to a building and the turbine (to the top of the blades) does not exceed the maximum building height requirement of the applicable zoning district, there shall be no minimum lot requirement.

b) The maximum height of a stand-alone SWET shall be 30 feet in all residential zoning districts measured from the natural grade to the top of an extended rotor blade.

c) All portions of a SWET support structure must, at a minimum, meet the setback requirements for the applicable zoning district. SWETs must also be set back a minimum distance equal to 110 percent of the height of the SWET, as measured to the top of the rotor blades, from all lot lines.

d) Only a single turbine shall be permitted on a property.

e) Climbing access to the tower structure shall be limited by:

i) Placing fixed climbing apparatus no lower than ten feet from the ground; and

ii) Placing a six foot fence or shielding around the SWET.

f) SWETs shall be of a scale intended for on-site power consumption and shall not be designed to produce energy to sell to electric providers. This regulation shall not prohibit a property owner that is installing a SWET from connecting to the local electric system if mandated by the electric provider for the purposes of safety.

(13) Solar panels. Solar panels shall be subject to the following standards:

a) Ground-mounted solar panels shall be limited to a maximum height of 16 feet and shall be located in the rear yard.

b) All solar panels must, at a minimum, meet the setback requirements for the applicable zoning district.

c) Roof-mounted solar panels on pitched roofs shall be flush-mounted to the roof and shall not extend higher than the ridgeline of the roof on which they are located.

d) Roof-mounted solar panels on flat roofs shall not project more than six feet above the rooftop surface and shall not exceed the maximum height allowance in the applicable zoning district in which they are located.

(14) Storage structures and accessory buildings.

a) There may be one detached storage structure or accessory building and one detached garage on the same zoning lot with a main building subject to the following:

i) Such accessory building and detached garage are constructed simultaneously or subsequent to the main building.

ii) Detached storage structure or accessory buildings shall only be erected in a rear yard.

iii) The total of all storage structures, accessory buildings, and uses shall not occupy more than 35 percent of the area of the rear yard. In the case where a detached storage structure or accessory building is connected to the principal building by a breezeway, the storage structure or accessory building shall be counted towards the 35 percent. The ground area of such breezeway shall

not be considered as part of the 35 percent.

iv) A detached storage structure or accessory building shall not be larger than 18 percent of the rear yard.

v) Detached storage structures or accessory buildings, other than garages, shall not exceed 2 percent of the lot area, or 12 percent of the area of the dwelling unit, whichever is less.

vi) A detached storage structure or accessory building shall be at least five feet from the side and rear lot lines and not less than 20 feet from a residence on an adjacent lot.

vii) On a corner lot that abuts a residential zoning district on the side or rear of the property, storage structures must be set back at least the depth of the required front yard setback for the side property line that is adjacent to a right-of-way.

b) An additional storage structure or accessory building may be erected as an integral part of a principal building or it may be connected thereto by a breezeway or other similar structure.

c) This section does not apply to decks that are connected to the main building.

(15) Swimming pools, tennis courts, hot tubs, spas, and other accessory recreational facilities designed for personal use.

a) The facility shall not be located in any front yard or side yard and shall be located not less than 15 feet from the rear or side lot line.

b) The facilities shall be located on the same zoning lot as the principal building, structure, or use.

(G) Residential development standards table.

(1) Table 252-2: Residential Single Household Development Standards identifies the specific development standards that apply to each of the residential single household zoning districts.

TABLE 252-2: RESIDENTIAL SINGLE HOUSEHOLD DEVELOPMENT STANDARDS
Development Standard		RSH-E	RSH-L	RSH-H
Minimum Lot Area		20,000 sf	10,000 sf	7,500 sf
Minimum Lot Width		100'	75'	60'
Cul-de-sacs or the outside of a curved portion of a street	Front lot line	80'	60'	50'
Cul-de-sacs or the outside of a curved portion of a street	Building line	100'	75'	60'
Minimum Setbacks of Principal Buildings
Front		40'	35'	30'
Side	Minimum each side	15'	8'	6'
Side	Total	-	18'	16'
Rear		50'	40'	35'
Minimum Setbacks of Accessory Buildings
Front		-	-	-
Side		5'	5'	5'
Rear		5'	5'	5'
Minimum Distance Between Accessory Building and Adjacent Residence		20'	20'	20'
Maximum Height
Principal Structure		30'	30'	30'
Accessory Structure		16'	16'	16'
Maximum Lot Coverage		35%	35%	35%
Minimum Green Space		50%	50%	50%
Minimum Dwelling Size		2,000 sf	1,600 sf	1,000 sf
Minimum Garage Size		2 car - 400 sf	2 car - 400 sf	1 car - 240 sf
Maximum Garage Size		1,000 sf*	700 sf*	600 sf*
* It is intended that garages be proportional to both the size of the lot and the dwelling, and therefore, a garage may have a larger maximum floor area as long as the garage does not exceed the average of 2.5% of the lot area and 55% of the area of the dwelling unit. However, in no instance shall the floor area of the garage exceed 75% of the area of the dwelling unit.

(2) Table 252-3: Residential Multi-Household Development identifies the specific development standards that apply to each of the residential multi-household zoning districts.

TABLE 252-3: RESIDENTIAL MULTI-HOUSEHOLD DEVELOPMENT STANDARDS
Development Standard			RMH
Development Standard			Single Household	Two Household	Multi- Household
Minimum Lot Area/Maximum Density			7,500 sf	17,000 sf	8 units/acre
Minimum Lot Width			60'	100'	200'
Cul-de-sacs or the outside of a curved portion of a street		Front lot line	50'	80'	-
Cul-de-sacs or the outside of a curved portion of a street		Building line	60'	100'	-
Minimum Setbacks of Principal Buildings
Front			35'	35'	50'
Side	Minimum each side		6'	12'	Equal to the height of the building
Side	Total		16'	-	-
Rear			35'	35'	Equal to the height of the building
Minimum Distance Between Multi- Household Dwelling Buildings			-	-	20'
Minimum Setbacks of Accessory Buildings
Front			-	-	-
Side			5'	5'	5'
Rear			5'	5'	5'
Minimum Distance Between Accessory Building and Adjacent Residence			20'	20'	20'
Maximum Height
Principal Structure			30'	35'	35'
Accessory Structure			16'	16'	16'
Maximum Lot Coverage			35%	35%	25%
Minimum Green Space			50%	50%	50%
Minimum Dwelling Size	1,200 sf	1,200 sf	650 sf/dwelling unit
Minimum Garage Size	2 car - 400 sf	1 car/dwelling unit - 240 sf	1 car/dwelling unit - 240 sf
Maximum Garage Size	600 sf*	-	-
* It is intended that garages be proportional to both the size of the lot and the dwelling, and therefore, a garage may have a larger maximum floor area that does not exceed the average of 2.5% of the lot area and 55% of the area of the dwelling unit. However, in no instance shall the floor area of the garage exceed 75% of the area of the dwelling unit.

(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16; Am. Ord. 04-2020, passed 1-15-20; Am. Ord. 49-2020, passed 2-3-21; Am. Ord. 10-2025, passed 5-7-25; Am. Ord. 39-2025, passed 9-17-25)

§ 153.253 NON-RESIDENTIAL ZONING DISTRICTS.

(A) Purpose statement. The following are the purpose statements for each of the city's non-residential zoning districts:

(1) Public Facilities (PF). It is the purpose of the “PF” district to promote the establishment and location of governmental, civic, educational, welfare, and recreational facilities which provide necessary services to the city.

(2) Office Building (OB). It is the purpose of the “OB” district to provide appropriate and convenient locations for the provision of professional and administrative services and similar ancillary uses.

(3) General Business (GB). It is the purpose of the “GB” district to provide appropriate and convenient locations for shopping and convenience goods and services for the entire community which tend to generate large volumes of vehicular traffic.

(4) Support Services (SS). It is the purpose of the “SS” district to provide appropriate and convenient locations for service and related types of minor production and fabricating processes.

(5) General Industrial (GI). It is the purpose of the “GI” district to provide appropriate and convenient locations for the manufacture of products and processes which normally require a large amount of motor vehicle trucking and rail services for the transportation of the raw materials and finished products, but in which dust, smoke, fumes, glare, odors, noise, or other potentially objectionable influences can be controlled.

(B) Permitted Uses.

(1) Table 253-1: Non-Residential Permitted Uses lists the uses allowed within the non-residential zoning districts.

(2) Permitted uses. A “P” in a cell indicates that a use is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this code.

(4) Conditional uses.

a) A “C” in a cell indicates that a use may be permitted if approved through a conditional use permit (see § 153.204: Conditional Use Permits). Conditional uses may be subject to use-specific standards as identified in the last column of Table 253-1: Non-Residential Permitted Uses. Conditional uses are subject to all other applicable regulations of this code.

(5) Prohibited uses. A blank cell indicates that a use is prohibited in the respective zoning district.

(6) Numerical references. The numbers contained in the “Additional Requirements” column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the “Additional Requirements” column apply in all zoning districts unless otherwise expressly stated.

(C) Table of permitted uses. Table 253-1: Non-Residential Permitted Uses identifies the list of permitted uses in all the non-residential zoning districts.

TABLE 253-1: NON-RESIDENTIAL PERMITTED USES
P = Permitted PS = Permitted with Standards C = Conditional Use Blank Cell = Prohibited
Use Type	PF	OB	GB	SS	GI	Additional Requirements
Public and Institutional Use Classification
Assisted living, residential care, and skilled nursing facilities	PS					153.253(D)(2)
Cemeteries	C
Community social service facilities	P
Educational institutions	P
Facilities providing post-secondary education in fields of study related to any principally permitted use in the zoning district in which it is located	P	P	P	P	P
Golf courses	C		P
Government buildings	P	P
Group homes and adult group homes	C
Hospitals	C
Libraries	P	P
Multi-household dwelling, age restricted	PS					153.253(D)(9)
Museums	P		P		P
Public parks/playgrounds/play fields/ open space	P	P	P	P	P
Religious places of worship	PS	PS	PS	PS	PS	153.253(D)(13)
Commercial Uses
Animal training, boarding, and pet day care			C	C	C	153.253(D)(1)
ATMs, freestanding		PS	PS	PS		153.253(D)(3)
Automotive fueling stations			PS			153.253(D)(4)
Automotive repair facilities			C	C
Automotive sales (new)			P			153.253(D)(5)
Automotive rental			P			153.253(D)(5)
Automotive washing			C	C
Bars			P
Billiard parlor or pool room			P
Brewery or distillery, macro					P
Brewery or distillery, micro			P	P
Brewery or distillery, nano			P
Building materials, durable goods, carpet, furniture, and appliance sales and distribution			P	P	P
Commercial greenhouses			P	P	P
Commercial studio for dance, music, or similar uses			P	P
Construction and large equipment rental, sales, and service					PS	153.253(D)(7)
Convenience store			P
Dancing and live entertainment, including teen clubs			P
Day care facilities and preschools	C	C	C	C	PS	153.253(D)(10)
Distribution centers				P	P
Dry cleaners			P	P	P
Ecommerce			PS	PS	PS	153.253(D)(6)
Farmers markets			C
Financial institutions		P	P	P
Florist shops			P	P
Food processing				P	P
Funeral homes and mortuaries		P	P
Furniture, flooring, carpeting, and lighting showrooms			P	P
Heating, ventilating, air-conditioning, and plumbing establishments				P	P
Hotels and motels			P
Industrial uses including manufacturing, warehousing, production, etc.				C	PS	153.253(D)(7)
Laboratories		PS	PS		P	153.253(D)(7) and 153.253(D)(8)
Laundry or laundromats			P	P
Marijuana dispensary, adult use		P	P
Marijuana dispensary, medical		P	P
Marijuana cultivator, adult use					P
Marijuana processing, adult use					P
Marijuana cultivator, medical					P
Marijuana processing, medical					P
Medical office, outpatient clinic, and ambulatory health care facilities	C	P	P		C
Meeting facility		P	P
Off-premise advertising sign
Offices		P	P	P	PS	153.253(D)(10)
Park and ride facilities	C	C	C	C	C
Personal services		PS	P	PS		153.253(D)(11)
Private parks/playgrounds/play fields/open space	C	P
Recreation, commercial (indoor)	C	C	P	C	C
Recreation, commercial (outdoor)	C		PS			153.253(D)(12)
Repair establishments for electrical appliances, household appliances, and small consumer convenience appliances				P	P
Restaurants			P
Retail sales			P	PS		153.253(D)(14)
Self-storage facilities				PS	PS	153.253(D)(15)
Sexually oriented businesses			P		P
Shopping centers			P
Solar farms	PS	PS	PS	PS	PS	153.253(D)(16)
Theaters			P
Vehicle storage yard					PS	153.253(D)(7)
Veterinarian offices and animal hospitals		PS	PS	PS		153.253(D)(14)
Non-Residential Accessory Uses
Assembly halls and meeting rooms	P	P	P
Automotive repair facilities in conjunction with automotive sales			P
Automotive sales (used)			PS			153.253(E)(1)
Cellular or wireless communication facilities (co-location)	PS	PS	PS	PS	PS	153.254(A)
Cellular or wireless communication facilities (new towers)	C	C	C	C	C	153.254(A)
Commercial radio, television, or other similar receiving antenna or structure	PS	PS	PS	PS	PS	153.253(E)(2)
Donation drop boxes		PS	PS	PS	PS	153.253(E)(3)
Drive-through structures		PS	PS			153.253(E)(4)
Fabrication			C			153.253(E)
Fences and walls	P	P	P	P	P	153.253(E)(5)
Installation of products purchased on-premises			P	P
Mobile use, food	PS	PS	PS	PS	PS	153.253(E)(6)
Mobile use, medical	PS	PS	PS	PS	PS	153.253(E)(7)
Non-profit recreational areas and facilities	P	P	P	P	P
Off-premise advertising sign
Outdoor dining			PS			153.253(E)(8)
Outdoor sales/display			PS	PS	PS	153.253(E)(9)
Outdoor storage			C	C	C	153.253(E)(10)
Outdoor vending machines		PS	PS	PS	PS	153.253(E)(11)
Parking areas and garages	PS	PS	PS	PS	PS	Off-Street Parking and Loading
Personal services	PS	PS	P			153.253(E)(12)
Portable storage units		PS	PS	PS	PS	153.253(E)(13)
Residences for custodians, guards, or resident managers		C	C	C	C
Restaurants	PS	PS	P			153.253(E)(14)
Retail sales	PS	PS	P	PS	PS	153.253(E)(15) and 153.253(E)(16)
Satellite dish-type antennas	PS	PS	PS	PS	PS	153.253(E)(17)
Signs	PS	PS	PS	PS	PS	Signs
Small cell facilities (co-location)	PS	PS	PS	PS	PS	153.254(A)(14)
Small cell facilities (new towers)	C	C	C	C	C	153.254(A)(14)
Small wind energy turbines (SWETs)	PS	PS	PS	PS	PS	153.253(E)(18)
Solar panels	PS	PS	PS	PS	PS	153.253(E)(19)
Storage structures and accessory buildings	PS	PS	PS	PS	PS	153.253(E)(20)
Temporary clearance retail sales			P	PS		153.253(E)(21)c)1.
Temporary construction trailers	PS	PS	PS	PS	PS	153.253(E)(21)c)2.
Temporary tent sales		PS	PS	PS		153.253(E)(21)c)3.
Waste container enclosures	PS	PS	PS	PS	PS	153.254 (E)

(D) Non-residential use-specific regulations.

(1) Animal training, boarding, and pet day care. Animal training, boarding, and pet day care facilities may be permitted under a conditional use permit if the following factors are met:

a) All outdoor run areas of the facility shall be enclosed (uncovered) with a six-foot high privacy fence or wall and shielded from all abutting residential properties.

b) All outdoor run areas of the facility shall not be used between the hours of 10:00 p.m. and 7:00 a.m.

c) Noise levels generated by outdoor runs must be controlled to prevent sound levels beyond the property line, at locations zoned or used for residential purposes, from exceeding 62 decibels between the hours of 7:00 a.m. to 10:00 p.m. and 52 decibels between the hours of 10:00 p.m. and 7:00 a.m.

d) Outdoor run areas and other outdoor pet enclosures shall:

i) Not be located in the front yard;

ii) Comply with the minimum building setback requirements of the district; and

iii) Be located at least 150 feet from any residential zoning district.

(2) Assisted living, residential care, and skilled nursing facilities. Assisted living, residential care, and skilled nursing facilities shall be subject to the following development standards:

a) Minimum lot size shall be five acres.

b) Minimum lot width shall be 300 feet.

c) Minimum front yard and side yard setbacks shall be 50 feet.

d) Minimum rear yard setback shall be 55 feet.

e) Maximum building coverage shall be 25 percent.

f) Minimum green space shall be 50 percent.

(3) ATMs, Freestanding. ATMs that are freestanding shall be subject to the following development standards:

a) Shall be limited to a maximum of 200 square feet.

b) Shall be set back a minimum of 30 feet from any property line.

c) Shall provide sufficient stacking area for a minimum of four vehicles. Stacking spaces shall be regulated by § 153.304: Off-Street Vehicle Stacking Standards.

(4) Automotive fueling stations.

a) Fuel canopies and buildings shall both be set back a minimum of 50 feet from the front lot line.

b) Lubrication, washing, incidental servicing of motor vehicles and all supply and merchandising shall be completely within an enclosed building except as otherwise provided herein.

c) Outdoor sales and display shall be subject to the standards in § 153.253(E)(9): Outdoor Sales/Display.

d) Outdoor storage shall be subject to the standards in § 153.253(E)(10): Outdoor Storage.

e) Electronic fuel price displays shall be subject to the standards in § 153.460(D): Electronic Fuel Price Displays.

f) The parking spaces adjacent to each fuel pump may count towards the parking requirements set forth in Table 302-2: Number of Off-Street Parking Space Requirements.

g) Automotive fueling stations do not include facilities designed for the fueling of semi-trailer trucks.

(5) Automotive sales - new and automotive rental.

a) A principal structure shall be located on the lot.

b) Headlights shall be 100 percent screened from public streets and adjacent property, unless the adjacent property is an automotive sales or rental use.

c) Specific landscaping requirements shall be subject to § 153.404(E): Landscape Requirements for Automotive Sales and Rental Uses.

d) No auctions shall be permitted on the lot.

e) No outdoor speaker systems shall be permitted for uses that abut or are across the street from residential districts or uses.

f) Delivery and loading shall not be permitted from or on a public street.

g) Automotive service or repair, if permitted and approved, shall be performed and conducted inside of a building.

h) No Peer-to-Peer Car Sharing Program as defined in R.C. § 4516.01 may use a public street, on-street parking space, or parking in the public right-of-way as part of the operation of its business.

i) No vehicle used in a Peer-to-Peer Car Sharing Program shall contain advertising or signage in the exterior of the vehicle.

(6) Ecommerce. Ecommerce uses are permitted in the General Business "GB", Support Services "SS", and the General Industrial "GI" zoning districts subject to the following:

a) In the General Business "GB" zoning district ecommerce uses are limited to a maximum of 15,000 square feet in floor area.

b) In the Support Services "SS" zoning district any on-premises retail sales associated with ecommerce uses shall meet the requirements set forth in § 153.253(E)(16): Retail Sales Located in the Support Services "SS" Zoning District.

c) In the General Industrial "GI" zoning district there shall be no on-premises retail sales associated with an ecommerce use.

(7) Industrial performance standards. The following performance standards must be met as a condition precedent to occupancy and use and as a condition to continue occupancy and use for all uses in the General Industrial “GI” zoning district:

a) Enclosures. All permitted main and accessory uses and operations except off-street parking and loading shall be performed wholly within an enclosed building or buildings. All raw materials, finished products, and other equipment shall be stored within enclosed buildings except for the provisions in § 153.253(E)(10): Outdoor Storage.

b) Fire and explosive hazards. The storage, handling, and use of flammable or explosive materials, and all operations in connection therewith, shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire-fighting and suppression equipment and devices standard in the operation involved.

c) Dust and smoke. The emission of smoke, soot, fly ash, fumes, dust, and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity of deposit beyond the lot shall not be detrimental to or endanger the public health, safety, comfort, welfare, or adversely affect property values, and shall not exceed the amount permitted by other codes of the federal, state, county or city governments.

d) Odorous matter. The emission of odorous matter in quantities which produce a public nuisance or hazard beyond the lot occupied by that use shall not be permitted.

e) Toxic or noxious matter. The emission of toxic, noxious, or corrosive fumes or gases which would be injurious to property, vegetation, animals, or human health, on or beyond the boundaries of the lot occupied by that use, shall not be permitted.

f) Noise. The sound pressure level of any operation on a lot, including the operation of auto calls, bells, motor vehicles, sirens, or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential use, and no sound shall be objectionable due to intermittence, beat frequency, or shrillness.

g) Vibrations. Vibrations which would be perceptible without the aid of instruments shall not be permitted beyond the lot line occupied by the use.

h) Radioactive or electrical disturbance. Radioactive disturbances which would adversely affect any form of life or equipment are prohibited. Electrical disturbances which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use are prohibited.

i) Incineration facilities. Incineration facilities emitting neither smoke nor odor may be provided if they are located within the main or accessory building.

j) Waste materials. No garbage, rubbish, waste matter, or empty containers shall be permitted outside of buildings except in covered metal containers awaiting pickup at the rear of the building. Liquid waste shall not be discharged into an open reservoir, stream or other open body of water, or a sewer unless treated or controlled so that the amount of solid substances, oil, grease, acids, alkalines, and other chemicals shall not exceed the amount permitted by other codes of the federal, state, county or city governments. Such waste container enclosures shall be landscaped and screened pursuant to § 153.254(F): Waste Container Screening Requirements.

(8) Laboratories. Laboratories located in the Office Building “OB” and the General Business “GB” zoning district shall be subject to the following development standards:

a) Minimum lot size shall be two acres.

b) Minimum lot width shall be 200 feet.

c) Minimum front yard setback shall be 100 feet.

d) Minimum side yard setback shall be 50 feet when adjacent to a non-residential zoning district and shall be 100 feet when adjacent to a residential zoning district.

e) Minimum rear yard setback shall be 50 feet when adjacent to a non-residential zoning district and shall be 100 feet when adjacent to a residential zoning district.

f) Maximum height shall be 48 feet for the primary structure and 16 feet for any accessory structures.

g) Minimum green space shall be 30 percent.

(9) Multi-household dwelling, age restricted. Multi-household dwellings that are age restricted are permitted in the Public Facilities “PF” zoning district subject to the following development standards:

a) The development must be restricted to residents that are 55 years old or older.

b) Maximum density shall be eight units per acre.

c) The minimum distance between buildings shall be 20 feet.

d) Maximum height shall be 35 feet for the primary structure.

e) Minimum green space shall be 50 percent.

(10) Offices and day care facilities in the General Industrial “GI” Zoning District. Offices and day care facilities located in the General Industrial “GI” zoning district shall be subject to the following development standards:

a) Minimum lot size shall be one acre.

b) Minimum lot width shall be 100 feet.

c) Minimum front yard setback shall be 50 feet.

d) Minimum side yard setback shall be 25 feet when adjacent to a non-residential zoning district and shall be 100 feet when adjacent to a residential zoning district.

e) Minimum rear yard setback shall be 50 feet when adjacent to a non-residential zoning district and shall be 100 feet when adjacent to a residential zoning district.

f) Maximum height shall be 75 feet for the primary structure and 16 feet for any accessory structures.

g) Minimum green space shall be 30 percent.

(11) Personal services. Personal services are permitted in the Office Building "OB" and the Support Service "SS" zoning districts if the following factors are met:

a) There are no more than three employees providing a service at any one time.

b) Any merchandise that is sold on the premises is subordinate to the service being provided.

c) All activities associated with the service must occur completely within an enclosed building.

(12) Recreation, commercial (outdoor). Outdoor commercial recreation uses are permitted in the General Business "GB" zoning district and may be permitted in the Public Facilities "PF" zoning district under a conditional use permit if the following factors are met:

a) All outdoor commercial recreation uses and activities shall be set back a minimum of 100 feet when adjacent to a residential zoning district.

b) Outdoor speakers and any audible electronic devices such as loudspeakers shall be set back a minimum of 100 feet from any residential use.

c) A fence or screen between four and six feet in height shall be constructed along any property line abutting a residential zoning district.

(13) Religious places of worship.

a) Religious places of worship located in the Public Facilities “PF” zoning district shall comply with the standards in Table 253-2: Non-Residential Development Standards Table.

b) Religious places of worship not located in the Public Facilities “PF” zoning district shall conform to the least restrictive regulations from either an office building use in the Office Building “OB” zoning district or the regulations of the district in which they are located as they pertain to lot size, lot width, front, rear, and side yards, building height, and percent of lot occupied.

c) Any signage shall comply with the Signs section.

d) The required minimum number of parking spaces shall be determined as provided by Table 302-2: Number of Off-Street Parking Space Requirements.

e) Recorded easements with nearby property owners may be utilized to supply parking requirements so long as the duration of the easement is for the entire period of time the church will be located on the premises.

(14) Retail sales in the Support Services “SS” Zoning District. Retail sales of garden equipment, garden supplies, garden furniture, nursery stock, monuments, home repair supplies, and home improvement products sold to individual customers, may be sold in an open yard with a conditional use permit, provided that:

a) The operation is in conjunction with an established related retail use conducted within a building;

b) Outside sales, display and storage shall be conducted inside of a fenced enclosure directly attached to the main building unless otherwise permitted by the Planning Commission; and

c) Such fenced enclosure shall be set back from the property line at the same distance as required for buildings.

(15) Self-storage facilities.

a) Minimum lot area for self-storage facilities is two acres.

b) All storage units within a self-storage facility shall gain access from the interior of the building(s) or site. No unit doors shall face an exterior property line.

c) The storage area shall be completely enclosed by a wall, fence, building, or a combination thereof.

d) If the self-storage facility abuts a residential zoned property, the facility shall be set back a minimum of 100 feet.

e) No activities other than rental of storage units and pick-up and deposit of dead storage shall be allowed on the premises. Example of activities prohibited include, but are not limited to:

i) Auctions, commercial, wholesale, or retail sales, or miscellaneous or garage sales;

ii) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawnmowers, appliances, or other similar equipment;

iii) The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; and

iv) A transfer and storage business.

f) Radioactive materials, explosives, ammunition, and flammable or hazardous chemicals shall be prohibited.

(16) Solar farms. Solar farms shall be subject to the following development standards:

a) The minimum lot area shall be five acres.

b) The maximum height of all structures shall be 30 feet.

c) Solar farm structures shall be set back from all property lines and public road rights-of-way at least 30 feet or one and one-half times the height of the structure, whichever is greater. In addition, solar power plant structures must be located at least 100 feet from all residential zoned properties. Additional setbacks may be required to mitigate noise and glare impacts, or to provide for designated road or utility corridors, as designated through the development plan review process.

d) Fencing shall be provided around the perimeter of the solar farm and shall be subject to the regulations in § 153.253(E)(5): Fences and Walls.

e) No operating solar power plant shall produce noise that exceeds any of the following limitations:

i) Fifty decibels, as measured at the property line of any neighboring residentially zoned property.

ii) Sixty decibels, as measured at the property lines of the project boundary.

f) Any solar farm which has reached the end of its useful life or has been abandoned shall be removed.

(17) Veterinarian offices and animal hospitals. Veterinarian offices and animal hospitals shall not have outdoor kennels or exercise yards.

(18) Marijuana cultivator and processing, adult use and medical. Adult use and medical marijuana cultivator and processing facilities located in the General Industrial "GI" zoning district shall be subject to the following development standards:

a) No adult use or medical marijuana cultivator or processing facility shall be established or operated within 500 feet of a school, church, public library, public playground, or public park in the city.

b) No smoking, inhalation, or consumption of marijuana shall take place on the premises.

c) All activities of an adult use or medical marijuana cultivator or processing facility shall be conducted indoors.

d) No equipment or process shall be used in any adult use or medical marijuana cultivator or processing facility which creates noise, dust, vibration, glare, fumes, odors, or electrical interference beyond the property boundary.

e) Retail sales shall be prohibited.

f) For the purpose of subsection a), the measurement shall be made from the nearest portion of the building or structure used as part of the premises where an adult use or medical marijuana cultivator or processing facility is conducted, to the nearest property line of the premises of an adult use or medical marijuana dispensary or a school, church, public library, public playground, or public park.

g) The location requirement in subsection a) does not apply to:

i) Cannabis entities issued a certificate of operation pursuant to R.C. Chapter 3796 for the same licensed premises; and

ii) Any state university, academic medical center, or private research and development organization conducting research related to cannabis pursuant to research protocol approved by an institutional review board or equivalent entity.

(19) Marijuana dispensaries, adult use and medical. Adult use and medical marijuana dispensaries located in the General Business "GB" zoning district shall be subject to the following development standards:

a) No adult use or medical marijuana dispensary shall be established or operated within 500 feet of a school, church, public library, public playground, or public park in the city.

b) No adult use or medical marijuana dispensary shall be established, operated, or enlarged within 500 feet of another adult use or medical marijuana dispensary.

c) No more than one adult use or medical marijuana dispensary shall be established or operated in the same building, structure, or portion thereof.

d) No smoking, inhalation, or consumption of marijuana shall take place on the premises.

e) Drive-in and drive through adult use or medical marijuana dispensaries shall be prohibited.

f) Any adult use or medical marijuana dispensary adjacent to a residential district or use shall contain a minimum six-foot high opaque fence along such abutting property line(s).

g) For the purpose of subsections b) and c), the measurement shall be made linearly from the nearest portion of the building or structure used as part of the premises where an adult use or medical marijuana dispensary is conducted, to the nearest property line of the premises of an adult use or medical marijuana dispensary or a school, church, public library, public playground, or public park.

h) The location requirement in subsection a) does not apply to:

i) Cannabis entities issued a certificate of operation pursuant to R.C. Chapter 3796 for the same licensed premises; and

(E) Non-residential accessory use standards. The following are development standards for accessory uses in the office, business, and industrial districts. Business districts shall be the General Business “GB” and the Support Services “SS” districts.

(1) Automotive sales - used.

a) Used automotive sales are permitted when they are located on the same lot as a new automotive sales lot.

b) A principal structure shall be located on the lot.

c) Headlights shall be 100 percent screened from public streets and adjacent property, unless the adjacent property is an automotive sales or rental use.

d) Specific landscaping requirements shall be subject to § 153.404(E): Landscape Requirements for Automotive Sales and Rental Uses.

e) No auctions shall be permitted on the lot.

f) No outdoor speaker systems shall be permitted for uses that abut or are across the street from residential districts or uses.

g) Delivery and loading shall not be permitted from or on a public street.

h) Automotive service or repair, if permitted and approved, shall be performed and conducted inside of a building.

(2) Commercial radio, television, or other similar receiving antenna or structure.

a) The dish, antenna, or structure must be located in the rear yard.

c) The construction shall be of such type as may be required by the city to form a safe and durable structure.

(3) Donation drop boxes. Donation drop boxes are subject to the following development standards:

a) Donation drop boxes shall be maintained in good condition and appearance with no structural damage, dents, holes, or visible rust, and shall be free of graffiti or deformation to the outside painted surface;

b) Donation drop boxes shall be locked or otherwise secured;

c) Donation drop boxes shall contain the following contact information in two inch type visible from the front of each unattended donation box: the name, address, email, and phone number of both the permittee and operator;

d) Donation drop boxes shall be serviced and emptied as needed, but at least every 30 days;

e) The area surrounding the donation drop box shall be free of any junk, debris or other material;

f) A maximum of one donation drop box is permitted per parcel;

g) Donation drop boxes are not permitted to be located in any required drive aisle, parking spaces or buffers and not permitted in any required front yard setback. Drop boxes must be located on a hard paved surface;

h) Donation drop boxes may not be located within 100 feet of a residential district and must not be closer than 400 feet to another donation drop box; and

i) The donation drop box cannot be larger than six feet wide, six feet deep, and eight feet tall. Donation drop boxes must have a lid.

(4) Drive-through structures. Drive-through structures are subject to the following development standards:

a) Drive-through location. All drive-through areas, including, but not limited to, menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated with the drive-through area, should be located in the side or rear yard of a property, and shall not cross, interfere with, or impede any public right-of-way.

b) Menu board signs.

i) One menu board sign for each stacking lane in a drive-through facility shall be allowed provided it does not exceed 48 square feet in sign area. Any additional attachments such as pictures or photographs of food and other items shall be included within the maximum sign area.

ii) Menu board signage shall not be included in the total calculated allowed signage for a property.

iii) No menu board shall exceed seven feet in height.

iv) All menu board signs shall be internally illuminated.

c) Drive-through structures shall be subject to the vehicle stacking requirements of § 153.304: Off-Street Vehicle Stacking Standards.

d) The canopy and structure shall be constructed of the same materials used on the building.

e) Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall be set back a minimum of 100 feet from any residential use.

f) A fence or screen between four and six feet in height shall be constructed along any property line abutting a residential zoning district.

(5) Fences and walls. Fence and walls are permitted in all non-residential districts subject to the following conditions:

a) Location.

i) No fence or wall, other than a retaining wall, shall project past the front building line of any principally permitted or conditionally permitted structure.

ii) Fences on corner lots shall not be located in the required setback for the building from the side street line.

iii) If no structure exists on said non-residential property, any fence, wall, or hedge may project past the front building line of the average of the adjacent properties or the minimum front yard setback, whichever is greater.

b) Height. Fences and walls shall not exceed ten feet in height in non-residential zoning districts.

c) Materials.

i) Above ground fences shall not contain an electric charge.

ii) Razor wire is prohibited in the non-residential zoning districts. Chain link type fences, with or without barbed wire, are only permitted in the General Industrial “GI” zoning district.

iii) For the PF, OB, GB, and SS zoning districts, fences shall be constructed out of wood, vinyl, wrought iron, aluminum, or other similar materials subject to approval by the Building Official.

(6) Mobile use, food. Mobile food uses are permitted as a temporary use with the following conditions:

a) Mobile food uses must be located on private property, and with the permission of the property owner. The operator shall have written permission from the property owner to operate on their property. The written permission shall be kept with the vehicle and made immediately available to the city upon request.

b) Mobile food uses are not allowed on residentially zoned property or on property used for residential purposes.

c) Mobile food uses shall be allowed at events located at public parks with the approval of the city.

d) Mobile food uses shall be allowed in the public right-of-way, if the right-of-way is closed in accordance with an approved road closure permit and the use is approved by the city. Vehicles cannot operate on a public sidewalk or park on the side of the road unless it has been closed for an event.

e) Lighting shall be limited to:

i) Vehicle lighting that is required by law.

ii) Lights that are necessary to illuminate the interior of the vehicle or the service counter, if applicable.

iii) Lighting shall not extend above the vehicle and shall be downcast and shielded in such a way to illuminate the vehicle, and the point of sale only.

iv) The lighting shall not directly illuminate an area more than ten feet away from the vehicle.

f) Signage must be attached to the vehicle and may not extend above the roof or beyond the sides of the vehicle.

g) If the public is allowed to enter the vehicle/trailer, it must comply with the State Building Code and ADA accessibility standards.

h) The vehicle shall have all permits and licenses required by the state and Hamilton County to operate. A current copy of the permits and licenses shall be kept at the vehicle and immediately made available upon request. The operator shall comply in all respects with all requirements of state and county law.

i) The vehicle operator shall comply with the follow site standards:

i) The vehicle shall be parked on a paved surface, unless it is located on a public park as approved by the city.

ii) The vehicle shall be located at least 30 feet away from an entrance to a public road.

iii) The vehicle shall not disrupt parking and traffic.

iv) There shall be at least six feet of safe pedestrian passage around the vehicle.

j) Hours of operation shall be limited to between 7:00 am and 10:00 pm.

k) Noise generated by the vehicle and the use shall not become a nuisance. No vehicle shall use or maintain any outside sound amplifying equipment, televisions, or similar visual entertainment devices, or noisemakers, such as bells, horns, or whistles.

l) Overnight parking is not permitted except in the case where the vehicle is associated with the principal use on the property and the vehicle is kept within ten feet of the principal building wall.

(7) Mobile use, medical. Mobile medical uses are permitted as a temporary use with the following conditions:

a) Mobile medical uses must be located on private property, and with the permission of the property owner. The operator shall have written permission from the property owner to operate on their property. The written permission shall be kept with the vehicle and made immediately available to the city upon request.

b) Mobile medical uses are not allowed on residentially zoned property or on property used for residential purposes.

c) Mobile medical uses shall be allowed at events located at public parks with the approval of the city.

d) Mobile medical uses shall be allowed in the public right-of-way, if the right-of-way is closed in accordance with an approved road closure permit and the use is approved by the city. Vehicles cannot operate on a public sidewalk or park on the side of the road unless it has been closed for an event.

e) Lighting shall be limited to:

i) Vehicle lighting that is required by law.

ii) Lights that are necessary to illuminate the interior of the vehicle or the service counter, if applicable.

iii) Lighting shall not extend above the vehicle and shall be downcast and shielded in such a way to illuminate the vehicle, and the point of sale only.

iv) The lighting shall not directly illuminate an area more than ten feet away from the vehicle.

f) Signage must be attached to the vehicle and may not extend above the roof or beyond the sides of the vehicle.

g) If the public is allowed to enter the vehicle/trailer, it must comply with the State Building Code and ADA accessibility standards.

h) The vehicle operator shall comply with the follow site standards:

i) The vehicle shall be parked on a paved surface, unless it is located on a public park as approved by the city.

ii) The vehicle shall be located at least 30 feet away from an entrance to a public road.

iii) The vehicle shall not disrupt parking and traffic.

iv) There shall be at least six feet of safe pedestrian passage around the vehicle.

i) Hours of operation shall be limited to between 7:00 am and 10:00 pm.

j) Noise generated by the vehicle and the use shall not become a nuisance. No vehicle shall use or maintain any outside sound amplifying equipment, televisions, or similar visual entertainment devices, or noisemakers, such as bells, horns, or whistles.

k) Overnight parking is not permitted except in the case where the vehicle is associated with the principal use on the property and the vehicle is kept within ten feet of the principal building wall.

l) The caregivers shall have all permits and licenses required by the state and/or county to operate. A current copy of the permits and licenses shall be kept at the vehicle and immediately made available upon request. The operator shall comply in all respects with all requirements of state, county, and city laws.

m) Hazardous waste shall be contained and disposed of in a manner required by law.

(8) Outdoor dining. Outdoor dining areas are subject to the following development standards:

a) Outdoor dining areas are permitted in any yard.

b) Outdoor dining areas shall not be located in such a manner as to require customers and employees to cross driveways or vehicular use areas to go between the food service area and the principal building.

c) Outdoor dining areas wider than ten feet shall be surrounded by decorative railings or fencing that separates the eating area from the sidewalks or vehicular traffic.

d) Umbrellas that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions.

e) Permanently enclosed outdoor dining areas either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district.

f) Outdoor dining areas shall not be located in any required parking or parking area.

g) Outdoor dining areas shall not include the use of visual electronics including televisions and projecting screens that are visible from the public right-of-way.

(9) Outdoor sales/display. Temporary and permanent facilities for outdoor sales/display (e.g., garden supply sales, news and flower stands, and similar uses) that are accessory to another principal use may be permitted upon compliance with the following:

a) Outdoor sales/display areas may be permitted provided that:

i) The merchandise is displayed on the sidewalk or walkway adjacent to the building in the front yard; or

ii) The outdoor sales/display area is in the side or rear yard; or

iii) The outdoor sales/display area, if not located adjacent to the principal building, shall not be located more than 20 feet away from the principal building.

b) Merchandise displayed outside must be eight feet in height or less.

c) The outdoor sales/display area shall not be more than 20 percent of the gross floor area of the principal building.

d) The placement of merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five feet of the sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.

e) Fenced or screened outdoor sales/display areas must incorporate materials, architectural features, and fencing that complements the principal building.

(10) Outdoor storage. The outdoor storage of materials in the commercial and industrial zoning districts, that are not located in an enclosed building, shall be subject to the following:

a) Areas designated for outdoor storage shall only be permitted in the side or rear yard.

b) The outdoor storage shall be incidental to the main use and shall not exceed 20 percent of the gross floor area of the principal building.

c) Outdoor storage shall not include the use of banners, pennants, strings of pennants, or similar decorations. It shall also not include the storage of scrap, rubbish, and discarded material.

d) Outdoor storage areas shall be required to be fully screened with a solid fence, or wall, not to exceed 14 feet in height. The screening shall be constructed of materials similar to or complementary to those materials used on the principal building.

e) Palletized, stackable goods and the structures used for storing or displaying goods shall not exceed the height of the screened area.

f) Fenced outdoor storage areas that are visible from a front yard and/or public drive shall also have a hedge, mounding, or similar landscaping.

g) Outdoor storage areas shall be submitted as part of the development plan depicting the location for said storage.

h) Outdoor storage areas shall be located a minimum of 300 feet from any residential zoning district or use.

(11) Outdoor vending machines. Outdoor vending machines shall be limited to three units per principal building and shall be located adjacent to the principal structure.

(12) Personal services located in the Public Facilities “PF” and the Office Building “OB” Zoning Districts. Personal service uses are permitted as an accessory use in the Public Facilities “PF” and the Office Building “OB” zoning districts when the use is located entirely within and is entered from within the principally permitted use with no outdoor signage.

(13) Portable storage units. Portable storage units are permitted as a temporary accessory use in the office, business and industrial districts and are subject to the following development standards:

b) Portable storage units must be located on a paved surface and a minimum of ten feet from the right-of-way.

c) Portable storage units may not exceed a total of 1,200 cubic feet on the interior.

d) If the portable storage unit is being used to store property as a result of a major calamity (e.g. fire, flood, or other event where there is significant property damage), the Building Official or his or her designee may waive the provisions of the subsection.

e) The owner and occupier of the property on which a violation of this section occurs shall be liable for the violation if they knew or should have reason to know of the condition which caused the violation.

f) Storage or any other use in a trailer or non-permanent structure shall not be permitted.

(14) Restaurants located in the Public Facilities “PF” and the Office Building “OB” Zoning Districts. Restaurants are permitted as an accessory use in the Public Facilities “PF” and the Office Building “OB” zoning districts when the use is located entirely within and is entered from within the principally permitted use with no outdoor signage.

(15) Retail sales located in the Public Facilities “PF”, Office Building “OB”, and General Industrial “GI” Zoning Districts. Retail sales are permitted as an accessory use in the Public Facilities “PF”, Office Building “OB”, and the General Industrial “GI” zoning districts when the use is located entirely within and is entered from within the principally permitted use with no outdoor signage.

(16) Retail Sales Located in the Support Services “SS” Zoning District. Retail sales are allowed in the Support Services “SS” zoning district provided that such retail sales do not exceed 20 percent of the total building area.

(17) Satellite dish-type antennas. Satellite dish-type antennas are permitted as an accessory use in the office, business, and industrial districts, and are subject to the following regulations:

a) One satellite dish-type antenna per parcel is permitted.

b) It shall only be located in the rear yard.

c) It shall not exceed 12 feet in height or the height of the primary building on the lot, whichever is less.

d) It shall not exceed 120 square feet of ground area at the base.

e) It shall not project into front or side yards.

f) On corner lots, it shall be set back from the side street not less than the required setback for the primary building on the abutting lot plus an additional five feet.

g) It shall be located not less than 20 feet from any residential dwelling unit.

i) It shall provide service for only the lot or parcel on which it is located.

j) It shall not be roof mounted on the main or any accessory building.

k) Advertising. The satellite dish apparatus shall bear no advertising, lettering, picture, or visual image other than the manufacturer's name.

l) Maintenance. The satellite dish apparatus shall be properly maintained to prevent both unsightly and unsafe conditions.

m) Exemptions. This section does not apply to the following:

iii) Antennas that are designed to receive local television broadcast signals.

(18) Small wind energy turbines (SWETs).

b) The maximum height of a stand-alone SWET shall be equal to maximum height allowed in the applicable zoning district measured from the natural grade to the top of an extended rotor blade.

d) Only a single turbine shall be permitted on a property. Multiple turbines may be permitted with a conditional use permit if attached to a non-residential building and if the diameter of the rotor is less than six feet.

e) Climbing access to the tower structure shall be limited to:

i) Placing fixed climbing apparatus no lower than ten feet from the ground; and

ii) Placing a six foot fence or shielding around the SWET.

(19) Solar panels. Solar panels shall be subject to the following standards:

a) Ground-mounted solar panels shall be limited to a maximum height of 16 feet and shall be located in the rear yard.

b) All solar panels must, at a minimum, meet the setback requirements for the applicable zoning district.

c) Roof-mounted solar panels on pitched roofs shall be flush-mounted to the roof and shall not extend higher than the ridgeline of the roof on which they are located.

(20) Storage structures and accessory buildings. There may be one detached storage structure or accessory building on the same zoning lot with a main building subject to the following:

a) Such accessory building is constructed simultaneously or subsequent to the main building.

b) Detached storage structure or accessory buildings shall only be erected in a rear yard.

c) Detached storage structures or accessory buildings shall not exceed 10 percent of the main building or 750 square feet, whichever is less.

d) A detached storage structure or accessory building shall be at least five feet from the side and rear lot lines except if located adjacent to a residential zoning district or use wherein the detached storage structure or accessory building shall meet the setbacks required for the principle building as identified in § 153.253(F): Non-Residential Development Standards Table.

e) On a corner lot, storage structures must be set back at least the depth of the required front yard setback for the side property line that is adjacent to a right-of-way.

f) Storage structures and accessory buildings shall be constructed out of materials complementary to the materials of the main building, unless otherwise approved by the Planning Commission.

(21) Temporary uses.

a) The Building Official shall have the authority to consider as set forth herein and grant or deny all applications for temporary uses of commercially zoned property.

b) No temporary use permit shall be issued by the Building Official unless it meets all of the following factors:

i) It shall not be materially detrimental or injurious to other uses and properties in the vicinity. The duration and frequency of the proposed use are factors that the Building Official shall consider in this regard, plus such other factors as the Building Official determines to be material.

ii) It shall not create an unreasonable hazard to persons or property. Consideration shall be given to whether the proposed temporary use shall provide adequate space, lighting, parking and traffic circulation.

iii) It shall not unreasonably detract from the character of the district or the vicinity. In this regard, the Building Official shall consider the duration of the proposed temporary use, the area involved and the intensity of the proposed use.

c) In addition to the factors in subsection b) above, the Building Official shall be guided by the following factors:

i) Clearance retail sales may be permitted in the Support Services “SS” zoning district subject to the following factors:

A. Conditions of parking, lighting, traffic circulation and safety are adequate for the accommodation of the sale and all the other uses on that zoning lot.

B. The sale shall have negligible impact upon uses of adjacent and nearby properties.

C. The sale is incidental to a main use on the zoning lot.

D. The duration of all sales on any zoning lot shall not exceed 14 days within any calendar year.

E. All requirements of the Support Services District are met, except that the retail sales area limitations may be exceeded only to the minimum extent necessary.

ii) Construction trailers may be permitted on a construction site provided that the trailer is:

A. Located on the same site or in the same development as the related construction;

B. Not located within a required open space area, landscaping area, or buffer; and

C. Associated with development subject to a valid and open building permit.

iii) Tent sales may be permitted for promotion of special activities subject to the following factors:

A. Tents, canopies and banners may be utilized to the extent they comply with the factors set forth herein.

B. The duration of such sales shall be limited in duration, which in no event shall exceed two consecutive weeks, and frequency, which in no event shall exceed four such events during any calendar year on the same zoning lot.

C. There shall be a minimum of one-month period between the end of one tent sale and the beginning of the next, on the same zoning lot. In addition, the promotion shall be only for the existing owner's or tenant's ongoing commercial retail activity.

d) No temporary use shall be permitted that is not specifically provided for herein or elsewhere in this zoning code.

e) All applications for a temporary use permit shall be in writing on forms provided by the Building Official and made at least 30 days prior to the use for which the application is being made. The application shall consist of a development plan of the zoning lot or reasonably accurate drawings of the zoning lot and the proposed use, and such other accurate information pertaining to the proposed uses as may reasonably be requested by the Building Official. Applications pertaining to signs shall contain the information, drawings and plans required in § 153.461: Temporary Signs. Within 14 days of receipt of such drawings and information, the Building Official shall:

i) Grant the application by issuance of a temporary use permit. Such permit may set forth conditions, including, but not limited to, duration and hours of operation, which control the proposed use set forth in the application if the Building Official determines that such conditions are reasonably necessary to meet the factors set forth herein; or

ii) Deny the application, which denial shall be communicated, along with the reason for denial, in writing. The owner or owner's authorized agent shall have the right to appeal the decision to the Board of Zoning Appeals subject to the requirements set forth in § 153.208: Appeals. If the Building Official has not acted on the application within 14 days of receipt, the application shall be deemed denied.

(22) Used vehicle sales. Used vehicle sales are permitted when they are located on the same lot or adjacent to a new motor vehicle sales lot or directly associated with a new motor vehicle sales establishment.

(23) Fabrication in the “GB” General Business District. Fabrication is permitted as a conditional accessory use within the “GB” General Business District subject to the following:

(a) A maximum of 40% of the gross floor area of the business premise be used for fabrication, with the remaining 60% of the gross building area being used for showroom, sales and office.

(b) All fabrication is for the making of articles to be sold only at retail on the premises.

(d) Must be located a minimum of 300 feet from a Residential District.

(e) Must not generate objectionable or hazardous elements such as smoke, odor, noise, vibration, water pollution or dust.

(F) Non-Residential Development Standards Table. Table 253-2: Non-Residential Development Standards Table identifies the specific development standards that apply to each of the non-residential zoning districts.

TABLE 253-2: NON-RESIDENTIAL DEVELOPMENT STANDARDS TABLE
Development Standard		PF	OB	GB	SS	GI
Minimum Lot Area		-	-	-	-	2 acres
Minimum Lot Width		200'	100'	100'	100'	200'
Minimum Lot Setbacks
Front		50'	50'	50'	75'	100'
Side	Abutting non- residential	12'	12'	12'	12'	25'
Side	Abutting residential	50'	50'	30'	30'	100'
Rear	Abutting non- residential	35'	35'	30'	35'	50'
Rear	Abutting residential	50'	50'	50'	50'	100'
Minimum Setbacks of Accessory Buildings
Front		-	-	-	-	-
Side		5'	5'	5'	5'	5'
Rear		5'	5'	5'	5'	5'
Maximum Height
Principal Structure	Abutting non- residential	50'	48'	48'	36'	75'
Principal Structure	Abutting residential	50'	48'	48'	36'	48'
Accessory Structure		16'	16'	16'	16'	16'
Minimum Green Space		40%	30%	25%	30%	30%

(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16; Am. Ord. 6-2017, passed 2-15-17; Am. Ord. 36-2017, passed 9-20-17; Am. Ord. 39-2017, passed 10-4-17; Am. Ord. 24-2019, passed 9-4-19; Am. Ord. 04-2020, passed 1-15-20; Am. Ord. 28-2022, passed 9-21-22; Am. Ord. 21-2024, passed 6-19-24)

§ 153.254 SUPPLEMENTAL DISTRICT REGULATIONS.

(A) Cellular or wireless communication standards. Cellular or wireless communication systems shall be regulated as follows:

(1) Intent. In recognition of the quasi-public nature of cellular and/or wireless communication systems, it is the purpose of these regulations to:

a) Accommodate the need for cellular or wireless communication towers while regulating their location and number in the city.

b) Minimize adverse visual effects of communication towers and support structures through proper siting, design, and screening.

c) Avoid potential damage to adjacent properties from communication towers and support structure failure.

d) Encourage the joint use of any new and existing communication towers and support structures to reduce the number of such structures needed in the future.

(2) Use regulations. The following use regulations shall apply to cellular or wireless communication antennas and towers:

a) A cellular or wireless communications antenna that is mounted to an existing communications tower (whether said tower is for cellular purposes or not), smoke stack, water tower, or other tall structure, shall be a permitted use in all zoning districts. Cellular or wireless communications antenna may also be located on the top of buildings which are no less than 50 feet in height.

b) Any cellular or wireless communications antenna that is mounted to an existing structure as indicated in a) above shall be painted a color which matches, or is compatible with, the structure on which it is located.

c) A cellular or wireless communications antenna that is not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted, is permitted in all zoning districts, with the exception of any single household or multi-household zoning district where it is prohibited, as a conditional use and subject to the requirements set forth in § 153.204: Conditional Use Permits.

d) All other uses accessory to the cellular or wireless communications antenna and towers including, but not limited to, business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or wireless communications antenna and/or tower is located.

e) Cellular or wireless communications sites shall not be located in any single household or multi-household residential zoning district nor shall they be located any closer to any residential zoning district as follows:

i) Cellular or wireless communication towers less than 100 feet in height shall be located no closer than 500 feet to any residential zoning district.

ii) Cellular or wireless communication towers between 100 and 150 feet in height shall be located no closer than 750 feet to any residential zoning district.

iii) Cellular or wireless communication towers 150 feet in height and greater shall be located no closer than 1,000 feet to any residential zoning district.

(3) Standards of approval for conditionally permitted cellular or wireless communications antennas and towers. The following standards shall apply to all conditionally permitted cellular or wireless communications antennas and towers:

a) The cellular or wireless communications company shall be required to demonstrate, using the latest technological evidence, that the antenna or tower must be placed where it is proposed in order to satisfy its necessary function in the company’s grid system.

b) If the cellular or wireless communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby tall structures within a one-mile radius of the site proposed, asked for permission to install the cellular or wireless communications antenna on those structures, and was denied for reasons other than economic ones. Tall structures shall include, but not be limited to: smoke stacks, water towers, buildings over 50 feet in height, antenna support structures of other cellular or wireless communication companies, other communication towers, and roadway lighting poles.

c) The city may deny the application to construct a new cellular or wireless communications tower if the owner or owner’s authorized agent has not made a good faith effort to mount the antenna on existing structures.

(4) Standards of approval of all cellular or wireless communications antennas and towers.

a) Antenna/tower height. The owner or owner’s authorized agent shall demonstrate that the antenna/tower is the minimum height required to function satisfactorily. No antenna that is taller than the minimum height shall be approved.

b) Setbacks from the base of the tower. If a new cellular or wireless communications tower is to be constructed, the minimum distance between the base of the tower or any guy wire anchors and the property line shall be the greater of the following:

i) Forty percent of the tower height;

ii) The minimum setback in the underlying zoning district; or

iii) Fifty feet.

c) Cellular or wireless communications tower safety. The owner or owner's authorized agent shall demonstrate that the proposed cellular or wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. Furthermore, all cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by the manufacturers.

d) Fencing. A fence shall be required around the cellular or wireless communications tower and its support structure(s), unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height and shall be erected to prevent access to non-authorized personnel.

e) Landscaping. The following landscaping shall be required to screen as much of the support structures as possible, the fence surrounding the cellular or wireless communications tower, support structure(s) and any other ground level features and, in general, soften the appearance of the cellular communications site:

i) Any freestanding cellular or wireless communications tower shall incorporate landscaping which includes trees, shrubs and other landscaping vegetation that is subject to review and is acceptable to the Planning Commission. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

ii) The city may permit any combination of existing vegetation, topography, walls, decorative fences, or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping.

iii) If the antenna is mounted on an existing structure, and other equipment is housed inside of an existing structure, landscaping shall not be required.

(5) Limiting the number of cellular wireless communication towers. In order to reduce the number of antenna support structures needed in the city in the future, the proposed cellular or wireless communications tower shall be required to accommodate other users, including other cellular communications companies, and local police, fire and ambulance departments.

(6) Licensing. The cellular or wireless communications company must demonstrate to the city that it is licensed by the Federal Communications Commission (FCC).

(7) Required parking. If the cellular or wireless communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the zoning code.

(8) Appearance. Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lit except when required by the FAA. Furthermore, no cellular communication tower or antenna shall contain any signage containing a commercial message.

(9) Development plan required. A full development plan shall be required for all proposed cellular or wireless communications sites, at a scale of one inch to 100 feet (1"=100'), indicating, as a minimum, the following:

a) The total area of the site.

b) The existing zoning of the property in question and of all adjacent properties.

c) All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

d) Existing topography with a maximum of five foot contour intervals.

e) The proposed finished grade of the development shown by contours not exceeding five foot intervals.

f) The location of all existing buildings and structures and the proposed location of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, heights, and where applicable, the gross floor area of the buildings.

g) The location and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, grades, surfacing materials, drainage plans, and illumination of the facility.

h) All existing and proposed sidewalks and open areas on the site.

i) The location of all proposed fences, screening and walls.

j) The location of all existing and proposed streets.

k) All existing and proposed utilities including types and grades.

l) The schedule of any phasing of the project.

m) A written statement by the cellular or wireless communications company as to the visual and aesthetic impacts of the proposed cellular or wireless communications tower on all adjacent residential zoning districts.

n) Any other information as may be required by the Planning Commission to determine the conformance with this zoning code.

(10) Action on application. Upon submission of a complete application for development plan review to the Building Official, the application shall be either:

a) For co-location applications, the Building Official will review the development plan to determine its compliance with the standards set forth in this code. The Building Official shall have the authority to approve, approve with modifications, or disapprove the development plan.

b) For all other applications, not including co-location requests, the development plan will be transmitted to the Planning Commission where they shall:

i) Review it to determine if it meets the purpose and requirements as established in this section;

ii) Review it to determine if it meets the purpose and requirements of the zoning district where the proposed cellular or wireless communications site is located;

iii) Review it to determine if it meets the purpose and requirements of any other applicable section of this zoning code.

iv) The Planning Commission shall hold a public hearing and act upon all development plans within 35 days after the receipt of the complete application. Within the said 35-day period, a majority of the members of the planning commission present at a meeting thereof may vote to extend the said period of time, not to exceed an additional 60 days.

(11) Maintenance. Any owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any cellular or wireless communications tower that has discontinued its service for a period of 12 continuous months or more shall be removed, along with all accessory structures related thereto. Discontinued shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, unused or has ceased the daily activities or operations which had occurred.

(12) Scope. All roads and streets within a zoning district are accessory to the uses of that district, and are subject to the same regulations, herein.

(13) Fees. The owner or owner's authorized agent shall be responsible for fees as described in § 153.555: Fees.

(14) Small cell facilities.

a) Small cell facility requirements. Small cell facilities shall be subject to the regulations and procedures set forth in this section.

b) Location.

i) The applicant shall submit written justification that every attempt has been made to mount a small cell facility to an existing structure, such as a communication tower (whether said tower is for cellular or wireless purposes or not), smoke stack, water tower, or other tall structure in any zoning district. Small cell facilities may only be placed on top of buildings that are at least 50 feet in height, for so long as the structure or building remains. Small cell facilities mounted on existing structures may be approved administratively by the building official subject to the applicant obtaining all applicable permits.

ii) If an existing structure is not available, a small cell facility may be located within the public right-of-way of an arterial or collector street as identified on the City of Springdale Thoroughfare Plan, in an industrial subdivision, or on private property within a recorded utility easement recorded at the Hamilton County Recorder's Office in a non-residential zoning district.

iii) A small cell facility shall not be located within a residential zoning district, a residential subdivision, or within 250 feet of a residential district or use. Distance shall be measured from the base of the small cell facility to the nearest property line.

c) Quantity. No small cell facilities may be located within 2,000 linear feet from another small cell facility or cellular or wireless communication tower, unless such facility is co-located as defined in this section.

d) Height. Small cell facilities shall not exceed 30 feet in height, unless such facility is co-located on an existing building or structure as permitted in this section.

e) Appearance.

i) All small cell facilities shall be designed to be consistent and complimentary withthe surrounding environment in terms of height, materials, color, scale, and design.

ii) Small cell facilities shall be painted, anodized or constructed out of materials that are colored grey or black. Galvanized material may not be used in construction of the small cell facility unless it can be painted or otherwise coated as required in this section.

iii) All related equipment, including, but not limited to electrical boxes, conduit wiring, and mounting equipment shall be placed underground or be contained within an enclosure so as not to be visible. Further, all electrical and communication connections shall run underground to the facility.

iv) No signage is permitted on small cell facilities except for a non-illuminated nameplate sign that identifies the vendor name and contact information for the facility. Such nameplate sign shall not exceed one square foot in area.

f) Maintenance. Small cell facilities are subject to the maintenance requirements set forth in § 153.254(A)(11).

g) Footprint. Small cell facilities shall not exceed 24 inches in diameter with the exception of the foundation, which said foundation shall not exceed six inches above grade. All equipment and materials shall be fully enclosed within the pole structure.

h) Development plan required. A development plan shall be required for all proposed small cell facilities that are subject to the regulations set forth in § 153.254(A)(9): Development Plan Required.

i) Action on application. Upon submission of a complete application for development plan review to the building official, the application shall be either:

i) For co-location applications, the building official will review the development plan to determine its compliance with the standards set forth in this code. The building official shall have the authority to approve, approve with modifications, or disapprove the development plan.

ii) For all other applications, not including co-location requests, small cell development plans may be permitted if approved through a conditional use permit and are subject to the approval process and review standards for all conditional uses established in § 153.204: Conditional Use Permits.

(B) Height exemptions. Chimneys, spires, cupolas, domes, towers, flagpoles, water tanks, radio and television antennas, monuments, wind turbines, and other mechanical equipment located upon or constituted as an integral part of the main building may extend a maximum of 20 feet above the main building.

(C) Mechanical equipment screening requirements. Mechanical equipment is subject to the following screening requirements:

(1) Mechanical equipment such as transformers and HVAC equipment shall not be located in the front yard.

(2) All mechanical equipment, including both ground-mounted and roof-mounted equipment, shall be screened from view from adjacent public rights-of-way and private access ways, as well as from all residential uses.

(3) Screening elements shall include walls (same material and color as principal structure), landscaping, mounds, parapets, or enclosures constructed of the same materials used on the majority of the principal structure or any combination or as otherwise approved or required by the Planning Commission.

(4) The screening elements should be maintained in good condition.

(5) The screening of mechanical equipment will be reviewed on a case-by-case basis based upon the following determinations:

a) Site location relative to adjacent properties and public rights-of-way;

b) Topography of the subject site relative to adjacent properties and public rights-of-way; and

c) Whether the subject screening creates visual inconsistences with surrounding areas.

Figure 254-1: An example of rooftop screening used to screen equipment from pedestrian view.

(D) Sight visibility triangle. In any zoning district on any corner lot, no fence, sign, structure or planting shall be erected or maintained within a triangle formed 35 feet from the intersection of the right-of-way lines which many interfere with traffic visibility across the corner. Any planting within that triangle shall not exceed 2.5 feet in height above the curb level.

Figure 254-2: Sight visibility triangle for intersecting streets

(E) Utilities and underground facilities. All public and common electric, cable, telephone, and other similar utilities shall be located underground in all residential, office, commercial, and industrial subdivisions and districts, and they shall be placed in their own easement, shown on the final or record plat. These underground utility requirements shall also apply to any lines required to serve the project that extend outside the boundary of the development. The conduits or cables shall be located within easements or public rights-of-way in separate trenches, in a manner which will not conflict with other underground services. (Ord. 33-2016, passed 11-16-16)

(F) Waste container screening requirements. No owner, tenant, or occupant of any lot in any district may store, place, or keep, or permit to be stored, placed, or kept on that lot, any combination of dumpsters, compactors, grease dumpsters, or any other waste or garbage containers (hereinafter referred to as “containers”), that exceed a total of 120 gallons in capacity, outside of an enclosed building, unless the following conditions are met:

(1) The container shall be located on a concrete pad that is enclosed by a three-sided structure sufficient to provide complete visual screening of the containers to a height of 12 inches above the top of the containers.

(2) The exterior of the unit shall be constructed of brick veneer or stone veneer or with other materials similar to the principal structure if other materials are approved by Planning Commission.

(3) The fourth accessible side of the dumpster shall be screened by steel reinforced composite wood, composite lumber, or other similar materials. Such gates are to remain closed unless the waste containers are being accessed.

(4) The structure shall be located not less than 20 feet from any dwelling on an adjacent residential lot.

(5) It shall not project into or be located in a front yard.

(6) It may be located in a rear or side yard but shall not be less than five feet from any rear or side lot lines.

(7) On corner lots, it shall be set back from the side street not less than the required setback for the adjacent main building on the abutting lot plus an additional five feet.

(8) All service to and for the container shall be done from private property and shall not extend into a public right-of-way.

(9) Landscaping shall be provided around the structure as is required by § 153.404(D): Landscape Requirements for Service Structures, to ensure that the visual impact of the structure is harmonious with the general appearance of the surrounding structures and uses.

(G) Yard projections. A projection is that part of a feature of a building which extends or projects outside the enclosing walls. It is intended that certain features may project into required yards, but they shall be regulated so as not to substantially interfere with the reception of sun, light, air, and the use of adjacent lots. Building features may project into a front, side, or rear yard of a dwelling measured from the established yard line, as follows:

(1) Architectural features. A belt course, balcony, cornice, gutter or chimney may project into a front, side or rear yard for a distance of two feet, provided no part is less than three feet from any side lot line. However, overhangs may project 42 inches.

(2) Entrance features. An open platform, landing, steps, terrace or other feature not extending above the first floor level of a building, may extend six feet into a front yard and three feet into a side yard.

(3) Enclosed shelters. An enclosed entry or porch shall not project into any required yard area.

(4) Non-enclosed shelters. An entrance hood, deck or open but roofed porch may project:

a) Six feet into a required front yard;

b) Three feet into a required side yard; and

c) Not more than 50 percent into a required rear yard.

(5) Heating/cooling feature. A window or wall mounted air conditioning or heat pump unit may project into a front, side or rear yard for a distance of two feet provided that:

a) No part is less than three feet from any side lot line; and

b) An air conditioning or heat pump unit shall not extend above the eave line.

(H) Razor wire. Razor wire is prohibited within the City of Springdale.

(I) Accent lighting. The use of colored lights, neon, and Light Emitting Diodes (LED) strip lighting as building accent lighting, window trimming, and door trimming on either the inside or outside of the building is not allowed unless reviewed and approved by Planning Commission.

(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16; Am. Ord. 6-2017, passed 2-15-17; Am. Ord. 37-2017, passed 9-20-17; Am. Ord. 39-2017, passed 10-4-17; Am. Ord. 04-2020, passed 1-15-20; Am. Ord. 21-2024, passed 6-19-24)

§ 153.255 PLANNED UNIT DEVELOPMENT.

(A) Purpose statement. The purpose of the Planned Unit Development “PUD” district is to:

(1) Promote the mixture of land uses in a creative, economical, and aesthetically pleasing manner.

(2) Encourage flexibility in the design of developments specifically in the preservation of open spaces, in the protection of natural features, in the utilization of existing site amenities, and in the creation of designs that are compatible with surrounding uses.

(3) Provide harmonious transitions between uses by utilizing varying land uses, landscaping, buffers, or other similar techniques.

(4) Allow for safe and efficient transportation networks that accommodate automobiles, bicycles, and pedestrians.

(5) Provide for locations for recreational facilities, educational facilities, and other public and semi-public common facilities, while preserving the existing landscape to the greatest extent possible.

(B) Permitted uses.

(1) Principally permitted buildings and uses.

a) Single household dwellings as permitted in RSH-E, RSH-L and RSH-H Districts.

b) Two household dwellings and multi-household buildings as permitted in RMH District.

c) Those uses permitted in GB, GI, SS, PF, and OB Districts, except sexually oriented businesses, which are consistent with the overall purpose of the PUD District and compatible with other uses in the development plan and adjoining areas.

d) Outdoor advertising devices as regulated by the Ohio Revised Code.

(2) Accessory buildings and uses. Accessory buildings and uses may be permitted if approved by the Planning Commission as being consistent with the purposes and provisions of this section.

(C) Development standards for all PUDs. The following development standards are established to guide and control the planning, development, and use of land in all PUDs located within the City of Springdale:

(1) Minimum development area.

a) The minimum area to qualify as a PUD area shall be not less than three contiguous acres.

b) A parcel or parcels of land with less than three contiguous acres may be considered for planned development when it is demonstrated that such smaller area has a unique feature of geography, topography, or other development aspect which is determined to be appropriate for such district designation. The Planning Commission shall review the request and make a determination on the request.

c) Contiguous property of less than three acres may be added to an adjacent previously established PUD District.

(2) Building and use requirements. The main and accessory buildings and uses shall meet the regulations of the zoning district in which such building or use would be permitted, and if applicable any adopted plans, in which such building or use would be permitted unless otherwise permitted or restricted by the Planning Commission.

(3) Setbacks. Along the boundary of any PUD District, each non-residential and mixed use building shall be set back at least 75 feet from any residential use or district. Non-residential uses or mixed use buildings that are adjacent to other non-residential uses or mixed use buildings shall meet the setback regulations of the zoning district in which such building or use would be permitted. In a situation where the proposed buildings or uses would be allowed in multiple zoning districts, the most restrictive setback regulations shall apply to the PUD development. The Planning Commission may modify these setback regulations if the development is in conformance with the provisions and purposes of this section.

(4) Density. The overall density of a development area shall conform to the basic overall density requirements of the zoning district in which such building or use would be permitted. The Planning Commission may approve a higher density for proposals if the development is in conformance with the provisions and purposes of this section.

(5) Local circulation system. The vehicular circulation system and parking facilities shall be designed to fully accommodate vehicular and pedestrian traffic with safety and efficiency within the development. Driveways and access points for developments shall be located in areas where traffic can be controlled and operated in a safe and effective manner. The amount of traffic generated by commercial uses passing through residential areas shall be minimized.

(6) Signage. Proposed ground signs for the PUD including shopping center identification signage and subdivision signage shall be included with the preliminary development plan submittal for review and approval. Wall signage and any additional development signage including directional signs shall be submitted with the final development plan submittal for review and approval. All signage shall conform to the regulations set forth in the Signs section unless approved by the Planning Commission.

(D) Residential PUD development standards.

(1) Building and use arrangements. The design and development factors set forth in this section are intended to provide considerable latitude and freedom in order to encourage a variety in the arrangement of residential uses and of the location, bulk and shape of buildings, open space, and landscape features. Buildings and uses shall be arranged, designed, and located in order to screen and preserve residential uses from the adverse effects of non-residential uses and mixed use buildings within or nearby the PUD District. The buildings and uses may be arranged in various groups, courts, sequences, or clusters with open spaces organized and related to the buildings in order to provide privacy, and to form a unified composition of buildings and space, and to maximize the peace and tranquility of the residential occupants of the PUD District and the nearby area. The following design standards shall be met in Planned Unit Development areas:

a) That the adjacent property or properties be protected from loss of light, air, and view because of the proximity of the bulk or shape of a neighboring building;

b) That usable open spaces be created within a development while maintaining privacy for individual residential properties;

c) That required yards and setbacks should not be excessive so as to prevent the reasonable development of open land for landscape features, recreation, or other private uses; and

d) That the latitude in design shall also apply to the planning of landscape features such as walls, fences, hedges and other features to create a variety of common open spaces and private areas.

(2) Topography and site appearance. It is a requirement of this code that such developments shall be designed to take advantage of the topography of the land in order to utilize the natural contours, to economize on the construction of utilities, to reduce the amount of grading, and to maximize the conservation of trees and top soil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of buildings, open spaces, and site features.

(3) Open space.

a) In any residential PUD development, the total public or common space shall be not less than 20 percent of the gross acreage or area of the PUD area.

b) Common open space shall be protected by recorded covenants and restrictions to assure that such open space will be permanently preserved and maintained.

c) For the purpose of this section, open space is defined as an area of land or an area of water, or a combination thereof, that is designed for either environmental, scenic, or recreational purposes. It may include buffer areas, active and passive recreation areas, wooded areas, water courses, and similar amenities. Open space shall not include off-street parking areas, streets, or part of road rights-of-way, except in the case of roadway median in excess of ten feet in width.

(E) Non-residential and mixed use PUD development standards. The following development standards are established to guide and control the planning, development, and use of land in non-residential and mixed use PUDs:

(1) Building materials. Exterior facades should be constructed with one or more of the following materials: brick, wood, stone, tile, stucco, decorative block, decorative concrete panels, fiber cement siding, and/or transparent materials such as glass or Plexiglas. Additional materials may be approved by the Planning Commission.

(2) Building design. There shall be no uninterrupted lengths of blank wall longer than 40 feet, for façades that are at least 60 feet wide. This applies to all elevations visible from road rights-of-way and adjacent properties. The following techniques may be utilized to implement this standard:

a) Recesses or projections in the wall that are at least two feet in depth;

b) Façade material changes following the same dimensional requirements; and/or

c) Pilasters having a minimum depth of one foot, minimum width of one foot, and a minimum height of 80 percent of the height of the façade may also be utilized to accommodate the variation in walls.

(3) Franchise architecture. No building or addition constructed in a PUD district shall be designed with or modeled after franchise or formula based architecture, unless the Planning Commission determines that the franchise architecture is consistent with the intent of the district based on a determination that the proposed building:

a) Substantially meets the overall intent of the district guidelines;

b) Does not create visual inconsistencies with surrounding areas or structures in relation to colors and materials; and

c) Will enhance the character and business climate of the area.

(4) Windows. All building elevations visible from road rights-of-way shall include window openings at regular intervals. The main front elevation of a building should include at least 35 percent transparency at the pedestrian level, 15 feet in height or the height of the building, whichever is less.

(5) Open space. In any non-residential or mixed use PUD development, the total public or common space shall meet the regulations of the zoning district in which such building or use would be permitted. In a situation where the proposed buildings or uses would be allowed in multiple zoning districts, the most restrictive open space regulation shall apply to the PUD development.

(F) Review procedures and factors. The following review procedures apply to all Planned Unit Development plan applications:

(1) Step 1 - PUD zone map amendment and preliminary development plan.

a) The owner or owner's authorized agent shall submit an application for a PUD zone map amendment and preliminary development plan in accordance with the provisions of this section.

b) Complete PUD zone map amendments and preliminary development plans shall include all the required information per the approved checklist.

c) The Planning Commission may waive submittal requirements as inapplicable.

d) The PUD zone map amendment and preliminary development plan shall be prepared by a professional planner, engineer, or landscape architect.

e) The owner or owner's authorized agent may request that the development be phased. If this is desired, a phasing plan shall be submitted with the preliminary development plan.

(2) Step 2 - Staff review.

a) The Building Official shall review the PUD zone map amendment and preliminary development plan application to determine completeness and shall distribute the application to other city departments and consulting professionals and agents of the city as appropriate for review and comment.

b) Upon determination that the application is complete, the Building Official shall refer the application to Planning Commission for review within 90 days.

(3) Step 3 - Planning Commission review and recommendation.

a) The Planning Commission shall hold a public hearing on the PUD zone map amendment and preliminary development plan and shall furnish to City Council its recommendation with respect to the submitted plans. Public hearings shall be subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.

b) The Planning Commission may recommend that the PUD zone map amendment and preliminary development plan be approved, disapproved, or modified.

c) If the Planning Commission finds that any of the regulations or standards are inapplicable because of unusual conditions, it may recommend to Council that an adjustment in such regulations or standards be made.

d) In the event the Planning Commission recommends that a PUD zone map amendment and preliminary development plan be disapproved, the owner or owner's authorized agent shall request in writing that the application be forwarded to City Council for review and action pursuant to Step 4 below. Failure to provide such written request, within 30 days from the date of action by Planning Commission, shall constitute withdrawal of the application.

(4) Step 4 - City Council review and action.

a) City Council, at their next regular meeting following receipt of the Planning Commission's recommendation, shall set a date for public hearing on the zone map amendment and the preliminary development plan subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.

b) Following the public hearing, City Council shall approve, disapprove, or modify the PUD zone map amendment and preliminary development plan. If City Council reverses the recommendation by the Planning Commission, it shall only do so by the affirmative votes of not less than two-thirds of its members.

c) Following approval of the PUD zone map amendment and the preliminary development plan, the owner or owner's authorized agent shall submit the final development plan and submit a zoning certificate application for the development area.

(5) Step 5 - Final development plan.

a) The owner or owner's authorized agent shall submit final development plans that include all the required information per the approved checklist.

b) The Planning Commission may require additional drawings, information, studies or plans to supplement the required information.

(6) Step 6 - Staff review.

a) The Building Official shall review the final development plan application to determine completeness and shall distribute the application to other city departments and consulting professionals and agents of the city as appropriate for review and comment.

b) Upon determination that the application is complete, the Building Official shall refer the application to Planning Commission for review within 90 days.

(7) Step 7 - Planning Commission review and action.

a) The Planning Commission will review the final development plan to determine its substantial compliance with the preliminary development plan. Plans not found in compliance are subject to the procedures in § 153.255(H): Amendments to Plan below.

b) If the Planning Commission disapproves the final development plan, the developer has the right to appeal the decision to City Council within 20 days of the disapproval. City Council's decision is final.

c) If the Planning Commission approves the final development plan, the Building Official shall be notified and zoning certificates and other permits shall be issued as applicable.

d) A final development plan will expire if the owner or owner’s authorized agent has not applied for a building permit within 18 months of the date on which it was approved. The owner or owner’s authorized agent may request an extension of an additional 12 months which will be subject to the discretion of Planning Commission. Expiration of a final development plan does not affect the approval of a preliminary development plan or the PUD district status.

(G) Combined preliminary and final development plan. The owner or owner's authorized agent may request to combine the applications for the preliminary development plan and final development plan. The Building Official may approve or deny this request based on the type of application, completeness of plans, and timing requirements of the project. All requirements of both the preliminary development plan and the final development plan shall be met for a combined plan submittal. If approved by the Building Official, the applicant shall submit the PUD zone map amendment application along with the final development plan and any additional information that is required for the preliminary development plan. The application shall follow the process established for the PUD zone map amendments and preliminary development plan.

(H) Amendments to plan. At any time after the approval of the preliminary development plan, the owner or owner's authorized agent may request an amendment to their plans.

(1) Major amendment. If it is determined by either of City Council's representatives on the Planning Commission that the amendment is a major departure from the approved plans, the amendment shall be processed as a new preliminary development plan. For purposes of this section a major departure may include, but is not limited to, a substantial change to the basic design, density, uses, circulation, or open space requirements of the approved plan or a substantial change to any other specific condition of approval of the approved plan.

(2) Minor amendment. If it is determined by either of City Council's representatives on the Planning Commission that the amendment is a minor departure from the approved plans, the amendment shall be processed as a final development plan application.

(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16; Am. Ord. 36-2017, passed 9-20-17; Am. Ord. 04-2020, passed 1-15-20)

§ 153.256 TRANSITION OVERLAY DISTRICT.

(A) Purpose statement. The purpose of the Transition Overlay District (hereinafter referred to as “T-District”) regulations is to institute procedures, whereby the Planning Commission and City Council may determine the most appropriate type and intensity of land use in transitional areas by:

(1) Providing a flexible instrument which governs development by the factors of intensity and impacts of a use rather than its general nature.

(2) Providing adequate buffering for the protection of residential uses from the adverse impact of less restrictive districts.

(3) Protecting and enhancing the environmental, cultural, aesthetics, and historic assets of the community through careful planning in the design and arrangement of buildings, preservation of open space, and the optimal utilization of natural site features.

(4) Permitting the creation of transitional zones within the city that provide for the orderly transition from more restrictive to less restrictive districts.

(5) Providing flexibility for an appropriate development in such transitional zones, taking into account adjacent and surrounding uses and zoning districts.

(6) Allowing the application of performance standards to development in transitional areas, so as to facilitate the consideration of a broader spectrum of appropriate land uses than permitted by conventional districting.

(7) Securing optimal development of critically important parcels in transitional areas where the harmonization of a more restrictive district with a less restrictive district is a major objective.

(8) Promoting the public health, safety, and welfare of the city.

(B) General provisions. T-Districts shall only be established in areas of the city where a comprehensive or partial plan of development has been adopted and wherein the T-District is compatible with those applicable comprehensive or partial plans.

(1) The T-District is established as an overlay district by City Council superimposed in specific areas over existing districts where:

a) The existence of abutting districts indicate incompatibility of use; and

b) Any plans adopted by the city for that area are furthered by the use of this type of district.

(2) All regulations in this code for the underlying district shall apply until a site development plan is approved.

(3) Upon approval of a site development plan, development and use of the property shall be in accordance with that plan.

(D) Permitted uses.

(1) As a matter of right, those buildings and uses principally permitted in the underlying zoning district shall be permitted in accordance with all applicable regulations of that underlying district.

(2) Additionally, the following buildings and uses may be permitted pursuant to a transition overlay development plan, subject to the provisions of this section. Each permitted use shall be consistent with the regulations of the district which the proposed use represents, with the overall purpose of the T-District, the purposes of this section, with any plans adopted by the city for that area, and compatible with other uses in the development plan and adjoining areas:

a) Multi-household building as permitted in the RMH District;

b) Office establishments as permitted in the OB District;

c) Businesses as permitted in the GB and SS Districts;

d) Public facilities as permitted in the PF District;

e) Industrial facilities as permitted in the GI District; and

f) Any of the above uses, or combination thereof, can be considered in a T-District.

(3) Accessory buildings and uses. Accessory buildings and uses may be permitted if approved by the Planning Commission and City Council as being consistent with the purposes and provisions of this section.

(4) Building and use requirements. The main and accessory buildings and uses shall meet the regulations of any district in which such building or use would be permitted. Additionally, they shall meet all the requirements established by the Planning Commission and City Council pursuant to the purposes and provisions of this section, and in accordance with the demands of any adopted plans affecting the district and consistent with the details of the development plan.

(E) Review factors.

(1) The use of a property in a T-District, in accordance with a development plan, may be permitted only if the proposed development plan, by its nature, or by reason of the controls imposed by the Planning Commission and City Council, meets the following review factors:

a) It is not an adverse influence on any abutting or surrounding properties;

b) It provides for an orderly transition from restrictive to less restrictive districts;

c) It is in full compliance with the purposes of this zoning code and with the T-District as set forth in this section;

d) It furthers and conforms to the goals of an adopted plan of the city or that area of the city;

e) It is designed to maximize the public interest and private benefit in a balanced manner; and

f) It is compatible with adjacent uses and zoning districts.

(2) It is the responsibility of the developer to demonstrate compliance with each of the factors.

(3) Factors or characteristics. The following factors or characteristics, along with other requirements imposed by the Planning Commission for such use, consistent with the provision of this section may be considered in assessing a proposed development plan:

a) Permitted types of use(s);

b) Intensity of use in terms of:

i) Density, floor area, and green space;

ii) Traffic impacts; and

iii) Other environmental impacts such as noise, light, pollution, etc.

c) Functional and aesthetic compatibility with existing or proposed development; and

d) Compliance with the development goals of an adopted plan for the city or that area of the city.

(4) Powers of the Planning Commission. To secure the application of all relevant standards to the development of T-Districts, the Planning Commission shall recommend:

a) Front, side, and rear yard requirements, density requirements, height and bulk of building requirements, and intensity of use;

b) The use of materials or designs in the erection of structures which shall minimize the adverse impact of the uses proposed by the development plan on neighboring properties;

c) Permits or variances for business signs, outdoor storage, parking spaces, loading docks, and driveways;

d) Screening or setting aside areas of land to serve as a buffer of the proposed use in the T-District from adjacent properties by walls, fences, landscaping, or open spaces; and

e) Such additional conditions and limitations on use, building dimensions, open spaces, and the like as may be deemed necessary to carry out the intent of this section and this zoning code.

(5) All the powers exercised pursuant to this section shall serve the objectives to create orderly transitions between districts, to minimize adverse impacts of one district upon the other, and to promote the development of property in T-Districts.

(F) Review procedures and regulations. The following review procedures apply to all T-District development plan applications:

(1) Step 1 - T-District zone map amendment and preliminary development plan.

a) The owner or owner's authorized agent shall submit an application for a T-District zone map amendment and preliminary development plan in accordance with the provisions of this section.

b) Complete T-district zone map amendments and preliminary development plans shall include all the required information per the approved checklist.

c) The Planning Commission may waive submittal requirements as inapplicable.

d) The T-District zone map amendment and preliminary development plan shall be prepared by a professional planner, engineer, or landscape architect.

e) The owner or owner's authorized agent may request that the development be phased. If this is desired, a phasing plan shall be submitted with the preliminary development plan.

(2) Step 2 - Staff review.

a) The Building Official shall review the T-District zone map amendment and preliminary development plan application to determine completeness and shall distribute the application to other city departments and consulting professionals and agents of the city as appropriate for review and comment.

b) Upon determination that the application is complete, the Building Official shall refer the application to the Planning Commission for review within 90 days.

(3) Step 3 - Planning Commission review and recommendation.

a) The Planning Commission shall hold a public hearing on the T-District zone map amendment and shall furnish to City Council its recommendation with respect to the submitted plans. Public hearings shall be subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.

b) The Planning Commission may recommend that the T-District zone map amendment and preliminary development plan be approved, disapproved, or modified.

(4) Step 4 - City Council review and action.

b) Following the public hearing, City Council shall approve, disapprove, or modify the T-District zone map amendment and preliminary development plan. If City Council reverses the recommendation by the Planning Commission, it shall only do so by the affirmative votes of not less than two-thirds of its members.

c) Following approval of the T-District zone map amendment and the preliminary development plan, the owner or owner's authorized agent shall submit the final development plan and submit a zoning certificate application for the development area.

(5) Step 5 - Final development plan.

a) The owner or owner's authorized agent shall submit complete final development plans that include all the required information per the approved checklist.

b) The Planning Commission may require additional drawings, information, studies or plans to supplement the required information.

(6) Step 6 - Staff review.

b) Upon determination that the application is complete, the Building Official shall refer the application to the Planning Commission for review within 90 days.

(7) Step 7 - Planning Commission review and action.

c) If the Planning Commission approves the final development plan, the Building Official shall be notified and zoning certificates and other permits shall be issued as applicable.

(G) Amendments to plan.

(1) Major modification. At any time after the approval of the preliminary development plan, the owner or owner's authorized agent may request an amendment to their plans. If it is determined by either of City Council's representatives on Planning Commission that the amendment is a major departure from the approved plans, the amendment shall be processed as a new preliminary development plan. For purposes of this section a major departure may include, but is not limited to, a substantial change to the basic design, density, uses, circulation, or open space requirements of the approved plan.

(2) Minor modification. At any time after the approval of the final development plan, the owner or owner's authorized agent may request an amendment to their plans. If it is determined by either of City Council's representatives on Planning Commission that the amendment is a minor departure from the approved plans, the amendment shall be processed as a final development plan application. If it is determined that the amendment is a major departure from the approved plans, the amendment shall be processed as a preliminary development plan.

(Ord. 4-2016, passed 3-2-16)

§ 153.257 ROUTE 4 CORRIDOR REVIEW DISTRICT.

(A) Purpose statement. The purpose of the Route 4 Corridor Review District (CRD) is to implement the objectives of the adopted master plan for this corridor which include:

(1) The Route 4 corridor will contain the original village core of Springdale as well as the north and south entries to the core. Future development and redevelopment within this corridor should both protect and enhance historical and modern day features of the area that are or can be a source of community identity and pride.

(2) The Route 4 corridor serves as one of the major entryways into Springdale. Developments within this corridor shall be attractive, well-maintained, and representative of the high standard of development that Springdale strives to achieve with both new and redevelopment projects.

(3) Developments within the Route 4 district shall respect adjacent developments and be of a similar character and scale as those adjacent developments. Special considerations shall be made to developments adjacent to residential neighborhoods to ensure compatible land uses and adequate buffering between residential and non-residential use developments.

(4) Within the Route 4 corridor there are four distinct subareas, or segments, each having unique physical characteristics. Many of these will add significantly to the aesthetic as well as functional qualities of the total district. It is also the purpose of these regulations to identify, protect and enhance the appropriate functional and aesthetic characteristics of each subarea within the corridor.

(B) District boundaries. The Route 4 Corridor Review District (CRD) shall include all of those properties as established on the city's zoning map.

(C) Development standards. The Route 4 Corridor Review District (CRD) establishes special regulations and development standards that either augment or supersede those development standards otherwise in force through the underlying zoning districts within the corridor. The following development standards shall apply to all four subareas within the CRD:

(1) Building materials.

a) All buildings and structures to be constructed within the CRD shall have an equal level of finish on all sides and shall generally utilize no more than two primary materials with one or two accent materials.

b) The primary building materials shall be brick and/or stone which shall not be painted or stained.

c) A traditional architectural style that respects the character of adjacent residential neighborhoods shall be utilized where applicable.

d) Minor accenting of a structure or the use of a third building material may be permitted.

(2) Building color.

a) One coordinated color scheme shall be utilized for all structures. Said color scheme shall have a predominant color and may use additional colors to accent, demark, or otherwise provide interest or to achieve a more compatible scale for the individual structure.

b) Building colors shall primarily consist of earth tones and the use of bright, high chroma shades as dominant building colors shall be prohibited.

c) The use of non-earth tone accent colors on a building shall be limited to a maximum of 10 percent of any elevation including features on an elevation (columns, archways, canopies, etc.).

d) Pitched roofs shall be generally dark in color and non-reflective.

(3) Building design.

a) There shall be no uninterrupted length of blank walls longer than 40 feet, for facades that are at least 60 feet wide. This applies to all elevations visible from road rights-of-way and adjacent properties. This can be achieved by:

i) Recesses or projections in the wall that are at least two feet in depth;

ii) Façade material changes following the same dimensional requirements; and/or

iii) Pilasters having a minimum depth of one foot, minimum width of one foot, and a minimum height of 80 percent of the height of the façade may also be utilized to accommodate the variation in walls.

b) All building elevations visible from road rights-of-way shall include window openings at regular intervals. The main front elevation of a building should include at least 35 percent transparency at the pedestrian level.

c) Major building entries shall face the public right-of-way and should be clearly demarked through the use of architectural features including canopies, awnings, or similar entry features.

d) Shutters, if used, shall be at least one-half the width of the window.

e) The use of mansard roof forms shall be discouraged.

Figure 257- 1: Example of façade offsets

(4) Signage. Signage shall be regulated by the Signs section. In addition, the following regulations shall apply for those properties within the CRD:

a) All signage shall be attached directly to a building façade or wall or shall be ground mounted.

b) All signage shall be no closer to the public right-of-way than ten feet.

c) For integrated developments, such as retail centers, with multiple buildings on the same parcel, a graphic system shall be used that is uniform in size, shape, and color for all the various tenant signage.

d) All wall signs shall be constructed with channel letters unless otherwise approved by the Planning Commission.

e) Ground mounted signs shall be appropriately integrated within the overall site landscaping and the use of foundation plantings around ground signs shall be required. All ground mounted and freestanding signage shall be landscaped at the base and on all sides with a total landscaped area equal to the sign face area.

f) The base of the ground sign shall be constructed of materials, colors, and design details which match or correlate to those used in one of the principal buildings on site.

g) Electronic signs in the CRD shall be conditional uses and subject to the regulations and procedures set forth in § 153.204: Conditional Use Permits. Electronic signs shall also conform to the regulations set forth in § 153.460(B): Electronic Sign Standards.

(5) Lighting.

a) All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type or family. All light poles and light fixtures shall be dark and non-reflective in color.

b) Lighting for any service/delivery area at the rear or side of a building shall also consist of cutoff fixtures so as not to allow light spillage onto adjacent property.

c) Building illumination may be permitted provided such light source is from a concealed source. The use of colored lights, neon, and light emitting diodes (LED) strip lighting as building accent lighting, window trimming, and door trimming on either the inside or outside of the building is not allowed unless reviewed and approved by the Planning Commission.

d) Lighting fixtures shall be designed and located as to prevent the casting of direct rays of excessive brightness upon adjacent residential uses and districts to cause a glare hazardous to pedestrians or operators of motor vehicles on nearby public streets and roads.

(6) Parking. Parking requirements shall be subject to Table 302-2: Number of Off-Street Parking Space Requirements.

(7) Fencing.

a) Where fences are used, they shall be constructed of wood, iron, stone, or plant material.

b) Chain link fences, concrete block, vinyl, fiberglass, or plywood fences are prohibited unless adequate evidence can be shown by the owner or owner's authorized agent indicating otherwise.

c) Retaining and decorative walls, located in the front yard (or side yard when on a corner lot or otherwise visible from the public right-of-way) shall either be of a natural quarried stone construction or a manufactured precast concrete modular wall system with exposed vertical surfaces of a highly textured, rough-hewn appearance that simulates a natural quarried stone. Any coloring to the wall material shall not be a surface coating, but shall be integral to the concrete material making up the precast modular retaining wall system.

(8) Landscaping. Landscaping requirements shall be subject to § 153.404(F): Landscape Requirements for the State Route 4 Corridor Review District.

(D) Subarea development standards. Many development standards contained herein apply throughout the CRD. Where dictated by unique functional and aesthetic characteristics, more specific requirements have been listed for each subarea included in both Table 257-1: Route 4 CRD Subarea Development Standards and in the paragraphs below.

TABLE 257-1: ROUTE 4 CRD SUBAREA DEVELOPMENT STANDARDS
Development Standard	Subarea A	Subarea B	Subarea C	Subarea D
Minimum Lot Area	As per underlying zoning district	As per underlying zoning district	As per underlying zoning district	As per underlying zoning district
Minimum Lot Setbacks
Front	As per underlying zoning district	15' building 5' pavement	15' building 5' pavement	50' building 30' pavement
Side	As per underlying zoning district	As per underlying zoning district	As per underlying zoning district	As per underlying zoning district
Rear	As per underlying zoning district	As per underlying zoning district	Abutting non-residential - 15'	As per underlying zoning district
Rear	As per underlying zoning district	As per underlying zoning district	Abutting residential - As per underlying zoning district
Building Height	50'	35'	35'	50'
Minimum Green Space	25%	25%	15%	30%

(E) Subarea A.

(1) Building design, color and materials.

a) Fifty percent of at least three facades (excluding windows and doors in the calculation of facade area) and any facade visible from a public right-of-way of the building shall contain brick and/or stone.

b) For at least 50 percent of the site coverage of any structure, a pitched residential roof form shall be required for buildings less than or equal to three stories.

c) Overhead retractable type doors used in conjunction with a commercial use shall not be visible from any residentially zoned property or any property used for a residential use.

(2) Signage.

a) All ground mounted and architectural freestanding signs shall have supports that are constructed out of brick or stone. Wood or metal may also be acceptable with approval of the Planning Commission. The sign may be internally or externally illuminated. External illumination will consist of concealed cutoff fixtures.

b) Ground mounted and architectural freestanding signs shall not exceed 12 feet in height. Ground mounted and architectural freestanding signs shall be consistent with the materials, colors, and style of the building.

(F) Subarea B.

(1) Building design, color and materials.

b) For at least 50 percent of the site coverage of any structure, a pitched residential roof form shall be required.

c) Overhead retractable type doors used in conjunction with a commercial use shall not be visible from Route 4, Glensprings Drive, Cloverdale Avenue, or Kemper Road, or any residentially zoned property or any property used for residential uses.

(2) Signage.

a) All ground mounted sign supports shall be brick or stone. Wood or metal may also be acceptable with approval of the Planning Commission. The sign may be internally or externally illuminated. External illumination will consist of concealed cutoff fixtures.

b) Ground mounted signs shall not exceed seven feet in height. Ground mounted and architectural freestanding signs shall be consistent with the materials, colors, and style of the building.

(G) Subarea C.

(1) Building design, color and materials.

a) Sixty percent of at least three facades (excluding windows and doors in the calculation of facade area) and any facade visible from a public right-of-way of the building shall contain brick and/or stone.

b) For at least 70 percent of the site coverage of any structure, a pitched residential roof form shall be required.

(2) Lighting. Special ornamental lighting within Subarea C may be requested and utilized upon review and approval of the Planning Commission.

(3) Curb cuts. Where applicable, a use shall be required to have a connection to an adjacent rear alley within Subarea C.

(4) Parking. Parking lots should be located in the rear or side yard unless the owner or owner's authorized agent can provide evidence that doing so would create an unnecessary hardship.

(5) Landscape requirements. For those parcels in Subarea C with front yards on Route 4, the establishment of a grassy front yard space shall be encouraged. The placement of pedestrian furniture, including, but not limited to, benches and tables, shall be encouraged within subarea C and may be required by the Planning Commission in conjunction with such uses as restaurants and other food services and/or in association with major pedestrian routes or plazas.

(6) Signage.

b) Ground mounted signs shall not exceed seven feet in height as measured from existing grade to the top of any feature of the sign. Ground mounted and architectural freestanding signs shall be consistent with the materials, colors, and style of the building.

(H) Subarea D.

(1) Building design, color and materials.

b) For at least 50 percent of the site coverage of any structure, a pitched residential roof form shall be required.

(2) Signage.

(I) Review procedure.

(1) The CRD does not affect present permitted or conditional uses within the corridor or existing zoning, except as provided in sections a) through f) below.

(2) The CRD review process and development standards shall be applicable under any or all of the following conditions:

a) Any new structures.

b) Non-residential additions over 10 percent of the original floor area or additions exceeding 2,000 square feet, whichever is less.

c) A change in use which results in a more intense use occupying the subject property or space. For the intent of this section, a more intense use is defined by either a 10 percent increase in parking demand due to the change in use, an increased impact due to potential traffic generation, noise, smoke, glare, odor, or hazardous materials, or as determined by the Building Official.

d) A change in a conditional use or a change in use as part of the rezoning of any property within the corridor.

e) Significant changes to the approved landscape plan.

f) Significant alterations of the building color, material or design regardless of change in occupancy. Compliance to these standards shall be limited to those items being changed.

g) Any request for modifications to the requirements of the zoning code.

h) Any request for modifications to the requirements of the zoning code.

(3) The Planning Commission shall be authorized to enforce the standards within the CRD. If in any evaluation, the Commission finds that any regulations, standards, or factors prescribed by the zoning code are inapplicable because of unusual conditions of the development area, or the nature and quality of the proposed design, the Commission may allow an adjustment in such regulations, standards, or factors be made. Special conditions may be required for the development, provided such adjustment or conditions shall not be in conflict with the promotion of the public health, safety, and general welfare of the city or the purpose and objectives of the CRD.

(4) For those properties within the district undergoing a rezoning or conditional use consideration, the CRD application review is intended to be parallel to and a normal part of the overall review process. However, the city may elect, at its option, to review and determine rezonings and conditional use applications. The CRD approval must be secured prior to the issuance of a certificate of occupancy for any such use within the district.

(5) Application and review by the Planning Commission shall be in accordance with § 153.203: Development Plan Review.

(6) Appeals. Any decision of the Planning Commission regarding an application under the CRD may be appealed to the Board of Zoning Appeals per § 153.208: Appeals of this code.

(7) Nonconforming uses. A use which was in existence prior to the establishment of the CRD which does not conform to the CRD standards, provisions, and regulations, shall be permitted to continue. However, any maintenance, repair, and restoration may be made only in accordance with and to the extent of the regulations provided in the Nonconformities section. Any maintenance, repair, restoration, alteration, or extensions of a structure or use in excess of that permitted in the Nonconformities section shall comply with the standards, provisions, and regulations of the CRD.

(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16; Am. Ord. 4-2020, passed 1-15-20)

Springdale City Zoning Code

ZONING DISTRICTS

AND REGULATIONS

§ 153.250 PURPOSE.

(A) Classify, regulate, and restrict the location of commercial establishments, industries, residences, recreation, and other land uses, and the location of buildings designed for specific uses;

(B) Regulate and limit the height, number of stories, size of buildings and other structures hereafter erected or altered;

(D) Establish setback lines, sizes of yards, and other open spaces surrounding such buildings.

(Ord. 4-2016, passed 3-2-16)

§ 153.251 DISTRICT ESTABLISHMENT AND MAP.

TABLE 251-1: ZONING DISTRICTS
Abbreviation	District Name
Residential Zoning Districts
RSH-E	Residential Single Household - Estate Density
RSH-L	Residential Single Household - Low Density
RSH-H	Residential Single Household - High Density
RMH	Residential Multi-Household
Non-Residential Zoning Districts
PF	Public Facilities
OB	Office Building
GB	General Business
SS	Support Services
GI	General Industrial
Special Districts
PUD	Planned Unit Development District
T	Transition District
CRD	Springdale/Route 4 Corridor Review District

(1) Whenever the abbreviated terms, such as OB, RSH-L, or GB, are used in this code, they shall be construed as referring to their corresponding district titles.

(2) The above classification of districts shall not be construed as enumerated of most restrictive to least restrictive districts except for the specific purposes set forth in this code.

(E) Zoning annexed territories. All territory which may hereafter be annexed to the municipality shall be rezoned to the zoning district most similar to the previous zoning of the territory.

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

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

(G) Relationship of overlay districts.

(2) In the event of an express conflict between the standards of the overlay zoning district and the underlying base zoning district, the standards governing the overlay district shall control.

(Ord. 4-2016, passed 3-2-16)

§ 153.252 RESIDENTIAL ZONING DISTRICTS.

(A) Purpose statement. The following are the purpose statements for each of the city's residential zoning districts:

(B) Permitted uses.

(1) Table of permitted uses. Table 252-1: Residential Permitted Uses lists the uses allowed within the residential zoning districts.

(2) Permitted uses. A “P” in a cell indicates that a use is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this code.

(4) Conditional uses.

(5) Prohibited uses. A blank cell in Table 252-1: Residential Permitted Uses indicates that a use is prohibited in the respective zoning district.

(C) Table of permitted uses. Table 252-1: Residential Permitted Uses identifies the list of permitted uses in all the residential zoning districts.

TABLE 252-1: RESIDENTIAL PERMITTED USES
P = Permitted PS = Permitted with Standards C = Conditional Use Blank Cell = Prohibited
Use Type	RSH-E	RSH-L	RSH-H	RMH	Additional Requirements
Residential Use Classification
Single household dwelling	P	P	P	P
Two household dwelling				P
Multi-household dwelling				P
Public and Institutional Use Classification
Assisted living and residential care facilities				PS	153.252(E)(1)
Community social service facilities	C	C	C	C	153.252(E)(2)
Educational institutions	C	C	C	C
Group homes and adult group homes	C	C	C	C	153.252(E)(3)
Parks/playgrounds/play fields/open space	P	P	P	P
Religious places of worship	PS	PS	PS	PS	153.252(E)(4)
Residential Accessory Uses
Air conditioning, heat pump, and fixed electric generator equipment	PS	PS	PS	PS	153.252(F)(1)
Aviary	P	P	P	P
Child’s playhouse, tree house, or birdhouse	P	P	P	P
Fences, walls, and hedges	PS	PS	PS	PS	153.252(F)(2)
Garages, carports, and parking areas	PS	PS	PS	PS	153.252(F)(3)
Home occupations	PS	PS	PS	PS	153.252(F)(4)
In-home child and adult care	PS	PS	PS		153.252(F)(5)
Keeping of domesticated pets, domesticated farm animals, husbandry of fowl, rabbits, or bees	PS	PS	PS	PS	153.252(F)(6)
Landscape features	P	P	P	P
Non-commercial radio, television, or other similar receiving antenna or structure	PS	PS	PS	PS	153.252(F)(7)
Parking and storage of vehicles and equipment	PS	PS	PS	PS	153.252(F)(8)
Portable storage units	PS	PS	PS	PS	153.252(F)(9)
Private gardens	P	P	P	P
Real estate sales office/model homes	PS	PS	PS	PS	153.252(F)(10)
Satellite dish-type antennas	PS	PS	PS	PS	153.252(F)(11)
Small wind energy turbines (SWETs)	PS	PS	PS	PS	153.252(F)(12)
Solar panels	PS	PS	PS	PS	153.252(F)(13)
Statuary, arbors, trellises, and flag poles	P	P	P	P
Storage structures and accessory buildings	PS	PS	PS	PS	153.252(F)(14)
Swimming pools, tennis courts, hot tubs, spas, and other accessory recreational facilities designed for personal use	PS	PS	PS	PS	153.252(F)(15)