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Stow City Zoning Code

TITLE SEVEN

Zoning Districts and Regulations

1141.01 DISTRICTS ESTABLISHED.

   For the purposes of this Zoning Code the City is hereby divided into the following districts of permitted uses as follows:
      O   Conservation District
      R-1   Single-Family Residence District
      R-2   Residence District
      R-3   Residence District
      R-B   Residential Business District
      C-2   Limited Retail District
      C-3   Community Retail District
      C-4   General Business District
      C-5   Highway Services District
      C-6   Office District
      C-7   Office/Multiple-Family District
      C-8   Office/Service District
      I-1   Limited Industrial District
      I-2   Industrial District
      DRO-1 Darrow Road Overlay District-1
      DRO-2 Darrow Road Overlay District-2
      PRDO    Planned Residential Development Overlay District
      PID   Planned Industrial Development
      SRO Seasons Road Overlay District.
(Ord. 2007-222. Passed 1-10-08.)

1141.02 ZONING DISTRICT MAP.

   The respective boundary lines of each use district are established to be such as are shown upon the map entitled "Zoning District Map of the City of Stow, Ohio," which map, together with all notations and other pertinent matters shown thereon, is hereby incorporated by reference and declared to be a part of this Zoning Code, thereby having the same force and effect as if fully described in writing.
(Ord. 2007-222. Passed 1-10-08.)

1141.03 INTERPRETATION OF DISTRICT BOUNDARIES.

   The following rules shall be used to determine the precise location of any zoning district boundary when there is a discrepancy or uncertainty as to the precise location of the boundary:
   (a)   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries;
   (b)   Where district boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Zoning Map;
   (c)   Whenever any street, alley, or other public right-of-way is vacated by official Council action, the zoning district adjoining each side of such street, alley, or public right-of-way shall automatically be extended to the center of such vacation, and all areas within that vacation shall thenceforth be subject to all regulations appropriate to the respective extended district;
   (d)   All questions and disputes concerning the exact location of zoning district boundaries shall be resolved by the Planning Commission. The Comprehensive Plan shall serve as a guide in resolving such questions and disputes.
      (Ord. 2007-222. Passed 1-10-08.)

1141.04 COMPLIANCE WITH DISTRICT REGULATIONS.

   The regulations set by this Zoning Code within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as provided elsewhere in this Zoning Code:
   (a)   No building, structure, or part thereof shall hereafter be erected, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located; nor shall any building or land be used, designed, or arranged for any purpose other than that specifically permitted in the district in which it is located.
   (b)   No building or other structure shall hereafter be erected, reconstructed or altered to:
      (1)   Exceed the maximum height;
      (2)   Accommodate or house a greater number of families;
      (3)   Occupy a greater percentage of lot area; or
      (4)   Create narrower or smaller front yards, rear yards, side yards or other open spaces than herein required, or in any other manner contrary to the provisions of this Zoning Code.
   (c)   No yard or lot existing at the time of passage of this Zoning Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Code shall meet at least the minimum requirements established by this Zoning Code.
      (Ord. 2007-222. Passed 1-10-08.)

1143.01 PURPOSE.

   Stow is a City primarily consisting of single-family residences, most of which are owner- occupied. Single-family residences, being sensitive to adverse effects from other land uses, require high standards for use and location of principal and accessory buildings if the residential areas are to be maintained and remain quality places in which to live. Residential District Regulations are established to carry out the purpose, intent and basic planning objectives which are stated in Section 1143.02 and to achieve the following particular objectives:
   (a)   O Conservation District.
      (1)   Preserve and protect the values of distinctive geologic, topographic, botanic, historic, or scenic areas;
      (2)   Protect the ecological balance of an area;
      (3)   Conserve natural resources such as river valleys and tracts of forest land; and
      (4)   Reduce the problems created by intensive development of areas which have excessively high water tables, which are subject to flooding or which are topographically or otherwise unsuited for urban uses.
   (b)   R-1 Single-Family District. Provide areas of low density, single-family uses with a minimum lot size of 20,000 sq. ft., which are located predominately on the outer edge of the City, furthest from many services provided by City and other public agencies, and which conditionally permit clustered single family dwellings.
   (c)   R-2 Residence District. Provide areas for single-family uses at a slightly higher density, a minimum lot size of 16,000 sq. ft., which conditionally permit clustered single-family, two-family and multiple-family.
   (d)   R-3 Residence District. Provide areas for single-family uses at a higher density, a minimum lot size of 12,000 sq. ft., which conditionally permit clustered single- family, two-family and multiple-family dwellings, as well as boarding houses.
   (e)   R-B Residential Business District.  
      (1)   Provide for the development of small office and business uses in selected locations on arterial streets which are primarily residential in character and not appropriate for general retail or commercial uses.
      (2)   Preserve architecturally or historically significant residential structures through their conversion to viable alternative uses in a manner compatible with the surrounding area.
      (3)   Discourage replacement of existing residential structures with new construction, while requiring that any new construction that does occur be compatible with the surrounding area.
         (Ord. 2007-222. Passed 1-10-08.)

1143.02 PERMITTED USES.

   In the O-Conservation District, R-1 Single-Family District, R-2 or R-3 Residence Districts or R-B Residential Business District, land and structures shall be used or occupied, and structures shall be erected, reconstructed, enlarged, moved or structurally altered, only for a principal use specified for such district in Section 1143.02(a), a conditional use in accordance with Section 1143.02(b), or an accessory use to a permitted principal or conditional use in accordance with Section 1143.02(c).
   (a)   Principal Uses. The principal uses enumerated in Schedule 1143.02 denoted with a P, are permitted by right in the district indicated provided that all requirements of other City ordinances and this Code have been met.
   (b)   Conditional Uses. The categories of conditional uses enumerated in Schedule 1143.02, denoted with a C, may (together with their accessory uses) be permitted in the district indicated, provided they conform to the conditions, standards and requirements of Title Nine and are approved for a particular zoning lot in accordance with the administrative procedures of Section 1137.04.
      (Ord. 2007-222. Passed 1-10-08.)
Schedule 1143.02
PERMITTED PRINCIPAL AND CONDITIONAL USES
IN O, R-1, R-2, R-3 AND R-B DISTRICTS
PERMITTED USE
O
Conservation
R-1
Single-Family
R-2
Residence
R-3
Residence
R-B Residential
Business
1. Single Family
P
P
P
P
P
2. Two Family
C
C
C
3. Cluster Development
C
C
C
4. Multi-Family
C
C
5. Planned Unit Development
C
C
C
6. Planned Residential Development (PRD)
C
C
C
C
7. Assisted Living
C
8. Congregate Living Facilities
C
9. Boarding/Lodging Houses
C
10. Family Homes for Persons with Disabilities
C
C
C
C
C
11. Group Homes for Persons with Disabilities
C
C
12. Model Homes
C
C
C
C
C
13. Nursing Homes
C
C
C
14. Regional Health Care Ctr.
C
C
C
C
15. Business as a Principal Use (a)
a.   The following offices: Administrative, professional & medical
P
b.   The following personal services: hair care, nail care, tanning salons and pet grooming
P
c.   Museums, art galleries and artist studios
P
d.   Bed & Breakfast, containing a maximum of three guest rooms
P
e.   Retail establishments in wholly enclosed buildings
C
f.   Restaurant, table service provided delivery and drive-in services shall not be permitted
C
g.   Funeral Homes
C
h.   Studios for instruction such as dance, exercise and karate
C
16. Church, Library, School
C
C
C
C
C
17. Adult & Child Day Care Center
C
C
C
C
C
18. Public Administrative Office
C
C
C
C
C
19. Public Safety Facility
C
C
C
C
20. Public Service and Maintenance Facility
C
C
C
C
21. Public Utility Substation
C
C
C
C
C
22. Parks, Playgrounds, and Similar Outdoor Recreation
C
C
C
C
C
23. Indoor, public or Non-Profit Recreational Facility
C
C
C
C
C
24. Golf Courses
C
C
C
C
25. Wild Life Preserve
P
26. Agriculture
P
27. Cemetery
C
C
C
C
28. Airports, Airfields
C
29. Conversion of Residential Structures or New Construction for Business Use
C
30. Accessory Buildings on Large Lots (b)
C
C
C
C
C
31. Oil and Gas Wells
C
C
C
C
32. Sale of Seasonal Agricultural Products
C
C
C
C
C
33. Flag Lots
C
C
C
(Ord. 2021-152. Passed 10-14-21.)
Notes to Schedule 1143.02:
(a)   See Section 1163.04(l) for specific uses.
(b)   Accessory buildings on large lots may exceed the minimum size established for accessory buildings in Section 1143.07(b) when a conditional use permit is obtained in conformance with Title Nine and Section 1137.04.
(Ord. 2009-101. Passed 6-25-09.)
   (c)   Accessory Uses. Accessory uses, buildings and structures subject to regulations in Section 1143.07(a) - (c) and as specified below, are permitted in association with and subordinate to a permitted principal or conditional use in the O, R-1, R-2, R-3 and R-B Districts and include, but are not limited to, the following:
      (1)   Home Occupations, as regulated in Section 1143.08;
      (2)   Child Day Care Home - Type B;
      (3)   Accessory buildings, such as garages and storage sheds;
      (4)   Accessory structures, such as porches, decks, patios, swimming pools as regulated in Section 1143.07(d), and off-street parking areas as regulated in Chapter 1181;
      (5)   Fences, as regulated in Section 1143.07;
      (6)   Signs, as regulated in Chapter 1183;
      (7)   Satellite Dish Receiving Antennas as regulated in Chapter 1187;
      (8)   Parking of Commercial Vehicles, as regulated in Section 1143.09;
      (9)   Accessory Business Uses in the R-B District, as regulated in Section 1143.10.
         (Ord. 2007-222. Passed 1-10-08.)

1143.03 MINIMUM LOT AREA, WIDTH AND FRONTAGE REQUIREMENTS.

   The minimum area, width and frontage of a lot that may be used for purposes of a single- family dwelling are specified in Schedule 1143.03 below.
Schedule 1143.03
MINIMUM LOT AREA, WIDTH AND FRONTAGE REQUIREMENTS
FOR SINGLE-FAMILY DWELLINGS (a)
 
District  
Minimum
Lot Area (Square Feet)
Minimum Lot Width at Building Line (feet)
Minimum Lot Frontage at Front Lot Line (feet)
O
5 acres
300
100
R-1
20,000
100
45
R-2
16,000
90
40
R-3
12,000
80
35
R-B
16,000
100
75
 
Notes for Schedule 1143.03:
(a)   For flag lot requirements, refer to Schedule 1163.03(63) and Section 1163.04(nn).
(Ord. 2007-222. Passed 1-10-08.)

1143.04 MINIMUM REQUIRED YARDS FOR PRINCIPAL USES.

   For each principal use located in the O, R-1, R-2, R-3 and R-B Districts, front, side and rear yards shall be provided in accordance with the dimensions specified in the following table. Each yard shall be unobstructed by any structure except as otherwise provided in this Code. Such areas, together with all other portions of the zoning lot not covered by permitted structures, shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which shall be adequately maintained, so as to assure absorption of rainfall, and to prevent erosion from rapid runoff of surface water.
Schedule 1143.04
MINIMUM REQUIRED YARDS FOR PRINCIPAL USES (a)
 
District
Minimum Dimensions in Feet
Front Yard
Depth
Rear Yard
Depth
Each Side
Yard Width
O
100
50
25
R-1
50
45
15
R-2
40
30
10
R-3
40
30
8
R-B
40
40
10
Notes for Schedule 1143.04:
(a)   For flag lot requirements, refer to Schedule 1163.03(63) and Section 1163.04(nn).
(Ord. 2007-222. Passed 1-10-08.)
 

1143.05 DWELLING UNIT REQUIREMENTS.

   In order to provide healthful living conditions and to preserve the character of the neighborhood, dwelling units shall be erected, altered, moved, maintained or occupied only in accordance with the following standards establishing minimum foundation sizes and floor areas of dwelling units. For the purpose of determining the minimum foundation size and floor area, porches, steps, breezeways, attached or built-in garages, or other attached structures not intended for human occupancy shall be excluded.
   (a)   Minimum Foundation Size. The foundation size of a single-family dwelling shall be not less than specified below.
      (1)   One-story single-family dwelling:   960 square feet minimum foundation
      (2)   Multi-level single-family dwelling:   720 square feet minimum foundation
   (b)   Minimum Floor Area. The floor area of a single-family dwelling shall be not less than 960 square feet.
      (Ord. 2007-222. Passed 1-10-08.)

1143.06 HEIGHT REGULATIONS

   In O, R-1, R-2, R-3 and R-B Districts, the height of any building for a permitted principal use shall not exceed 35 feet, except for appurtenances as regulated in Section 1185.01(c).
(Ord. 2007-222. Passed 1-10-08.)

1143.07 ACCESSORY USE REGULATIONS.

   Accessory uses, buildings and structures permitted in O, R-1, R-2, R-3 and R-B Districts shall conform to the location, coverage and height standards contained in this section. Attached garages as part of a dwelling are subject to all yard requirements for a principal building specified in Section 1143.04.
   (a)   Minimum Yard Requirements for Accessory Uses. An accessory building or use permitted in an O, R-1, R-2, R-3 and R-B District shall be located as set forth in Schedule 1143.07; however, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in subsections 1143.07(b) through 1143.07(e). (Ord. 2020-67. Passed 6-25-20.)
   
Schedule 1143.07(a)
MINIMUM YARD REQUIREMENTS FOR ACCESSORY USES
Minimum Distance (in feet) From:
Permitted Use,
Structure, Building 
Yard
in Which
Permitted 
Rear
Lot Line 
Side
Lot Line 
Street
Right-of-
Way Line 
Principal
Building
1. Any Detached
Accessory Building, including a Detached Garage or any other structure less than 500 sq. ft. in area
Rear and
Side(i) (iv)
6
6
--
12
If between 500-800 sq. ft.
Rear and Side (i) (iv)
10
10
NA
12
If greater than 800 sq. ft.
Rear and Side (i) (iv)
25
25
150
12
2. Swimming Pool,
private
Rear (iv)
10
10
--
--
3. Fence
Front, Rear and Side
See 1143.07(e)
See 1143.07(e)
See 1143.07(e)
4. Decks, Patios, Porches, Steps and any other extension to the principal structure
Front, Rear and Side
(ii)
(ii)
(ii)
--
   Notes for Schedule 1143.07:
(i) Any accessory building located in a side yard shall comply with the minimum yard setback requirements for the principal building.
(ii) Shall comply with the principal building setbacks in Section 1143.04.
(iii) Driveways and walkways may be constructed up to but not on the property line.
(iv) Through-lots abutting non-intersecting streets may be permitted in the defined front yard as determined by the Planning Director or their designee and shall comply with the principal building setbacks in Section 1143.04
               
(Ord. 2022-162. Passed 11-10-22.)
   (b)   Maximum Area and Yard Coverage of Accessory Buildings. In addition to the location requirements set forth in Schedule 1143.07, accessory buildings shall be subject to Schedule 1143.07(b) below:
Schedule 1143.07(b)
Maximum Area and Yard Coverage of Accessory Buildings by Lot Area
 
LOT AREA
Less than ½ acre
Between ½ - 1 acre
Greater than 1 acre
Any Single Building
500 sq. ft.
800 sq. ft.
1,200 sq. ft.
Combined Floor Area of all Accessory Buildings
Same as Above
Same as Above
1,500 sq. ft.
Notes for Schedule 1143.07(b)
1. The combined total of all accessory buildings shall not cover more than 10% of the rear yard, except that any lot containing an existing dwelling with no attached garage may be permitted one detached garage of 500 sq. ft. or less, provided all other applicable requirements are met.
2. Accessory buildings over 1,200 sq. ft. may be permitted provided the lot is 2 acres or greater and a conditional certificate is approved in compliance with Sections 1163.01 to 1163.04, and in accordance with the procedures in Section 1137.04
   (c)   Maximum Height of Accessory Structures. On lots of less than 2 acres, a permitted accessory structure shall not exceed 15 feet in height, as measured from the average grade to the highest point of the structure. On lots 2 acres and greater, the maximum height shall be 15 feet as measured from the average grade to the midpoint between the peak and eave of the roof.
      (Ord. 2020-67. Passed 6-25-20.)
   (d)   Swimming Pools. In addition to the location requirements set forth in Schedule 1143.07, private swimming pools shall be subject to the following additional regulations.
      (1)   The term "swimming pool", as used in this section, means any in-ground or above-ground swimming, wading, or other pools having a capacity for water depths exceeding 24 inches or a volume of 6,600 gallons.
      (2)   Prior to beginning construction of any pool, a zoning certificate shall be obtained.
      (3)   Private pools shall be designed and intended for the use of the residents of a single household and their relatives and friends without payment of any fee and not necessitate the provision of parking spaces, dressing and rest room facilities, or other services and facilities not normally available in the dwelling.
      (4)   All pools shall be located within an enclosed structure or completely surrounded by a fence or wall not less than 4 feet in height above the finished grade prior to putting water in the pool. The pool enclosures shall comply with the following requirements:
         A.   All fences and other pool enclosures shall comply with all appropriate requirements for fences or walls as contained herein.
         B.   All fences and other pool enclosures shall be constructed so as to have no openings, holes, or gaps larger than 4 inches in width, except for doors, gates, and windows which shall be equipped with suitable locking devices to prevent unauthorized access. Access secured accessory buildings and walls of primary buildings may be used in or as part of the enclosures.
         C.   Pools above-ground having vertical surfaces of at least 4 feet above the finished grade shall be required to have fences, enclosures and secured gates only where access may be had to the pool.
      (5)   Every pool shall be drained into a municipal storm sewer or other adequate drain opening, approved by the City Engineer. All drain water must be conducted to its proper discharge point by means of tightly sealed tile, pipe or hose. No person shall be permitted to drain a swimming pool onto any adjoining property.
(Ord. 2011-122. Passed 1-12-12.)
   (e)   Fences. Fences, hedges and walls shall be constructed in compliance with the following:
      (1)   Property Boundary Fences.
         A.   Property Boundary Fences are defined as any barrier intended to prohibit access to the property at large.
         B.   In front yards, fences may be constructed to a maximum height of 4 feet, except that no vision impairing fence, or wall greater than 18 inches shall be located within 20 feet of a street right-of-way line. On corner lots, no fence shall be placed within a triangular area formed by the intersection or projected point of intersection of the street property lines and a line connecting points on street property lines 25 feet from the intersection point.
Fences - Height and type permitted by location
 
Fences - Height and type permitted by location
 
Fences - Corner Lots
 
         C.   In required rear and side yards, fences shall not exceed 6 feet in height.
         D.   In all other areas of a lot, fences shall not exceed 8 feet in height.
         E.   Walls, screens, fences, trellises and other enclosures for patio, decks, gazebos and other outdoor living areas may be constructed to a maximum height of 8 feet if said enclosures are attached to the dwelling and are designed as an integral part of or an extension of the dwelling and are a reflection of the architectural style of said dwelling. Said enclosure shall not extend into any of the required yards.
         F.   Fences proposed for construction in the front yard shall be designed and be of such materials that will reflect and be compatible with the architectural design and style of the dwelling. Wire, wire mesh, and chain link fences shall not be constructed in the front yards
         G.   No snow fence shall be installed, erected or placed on any property for longer than five months as a substitute for a permanent fence as defined in Chapter 1133.
         H.   Questions and disputed decisions concerning architectural compatibility, suitability and appropriateness of fences shall be referred to the Planning Commission for final determination.
         I.   All fences shall be constructed in a professional manner and shall be maintained in good condition at all times.
         J.   Fences, hedges or walls required to surround and enclose public utility and recreational facilities are not limited in height.
         K.   All fences shall be constructed with the fence posts facing the fence installer’s home, except in the following situations:
            1.   If an existing fence on adjacent property is in place with the posts facing outward, the fence installer has the option of constructing the fence with the posts facing outward toward the adjacent fence.
            2.   Existing fences that occupy only a portion of a property line must be completed in the same manner as the existing fence along the entire length of the property line that the fence is permitted.
         L.   Fences may be constructed up to but not on a property line.
         M.   The height of a fence shall be measured from the normal grade to the top of the highest element of the fence except that decorative elements located on the supporting posts may exceed the maximum permitted height by 6 inches. Normal grade shall be the existing grade prior to construction exclusive of any berming or mounding solely for the purpose of increasing the fence height.
For fences on sloped ground, some portion of the panel must be in contact with the ground and meet the maximum height requirement, and at no point shall the fence panel be more than 1 foot from the ground.
      (2)   Garden Fences.
         A.   Garden Fences are defined as any enclosure that exclusively and immediately surrounds an area cultivated for the express purpose of residential horticulture.
         B.   In front, side and rear yards, garden fences may be constructed to a maximum height of 8 feet, except that no vision impairing fence, or wall greater than 18 inches shall be located within 10 feet of a street right-of-way line. On corner lots, no fence shall be placed within a triangular area formed by the intersection or projected point of intersection of the street property lines and a line connecting points on street property lines 25 feet from the intersection point.
         C.   Garden fences may be constructed of wire mesh, welded wire, plastic mesh, or other comparable materials in form and function.
         D.   Garden fences may be temporary or semi-permanent structures that subsist throughout seasons of no growth or cultivation if they are kept in good repair and condition.
            (Ord. 2024-225. Passed 1-9-25.)

1143.08 HOME OCCUPATIONS.

   The purpose of the home occupation section of the Stow Zoning Code is to set forth regulations which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential uses of any residential dwelling unit so that they remain limited in scope to an accessory use, and do not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which they are located. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit. Those uses which satisfy the criteria and limitations listed in Section 1143.08(d), and for which a zoning certificate has been issued, are directly permissible through and subject to periodic review and actions by the Building, Planning and Fire Departments.
   (a)   Procedure to Obtain Zoning Certificate. The following steps are the procedures required to receive a zoning certificate for a home occupation.
      (1)   Submit a completed application for a zoning certificate for a home occupation and pay the application fee through the Planning Department.
      (2)   An inspection of the proposed home occupation shall be conducted by appropriate City officials when:
         A.   Goods, supplies or equipment are proposed to be stored within the dwelling or garage;
         B.   On site customer/client contact is anticipated;
         C.   The Planning Department determines an inspection is necessary to ensure the home occupation is in compliance with these regulations.
      (3)   If the proposed home occupation satisfies the requirements of Section 1143.08(d), and the property clears inspection when required, a zoning certificate shall be issued through the Planning Department.
      (4)   A one (1) year probationary certificate shall be issued. At the end of the first year's operation, the applicant shall be notified to renew the certificate by the above outlined procedure. If the Planning Department determines that the home occupation has been operated during the past probationary year in compliance with these regulations, the zoning certificate shall be renewed for a period of three (3) years.
   (b)   Appeals. An applicant may appeal any administrative decision or determination of the Planning, Building and/or Fire Department that the proposed home occupation does not comply with the criteria and limitations pursuant to Section 1143.08(d).
The appeal process shall be used to present to Council information which clearly demonstrates that the proposed home occupation is one which does comply with the criteria and limitations in Section 1143.08(d). It is expected that the information presented in any appeal will be technical and/or objective in nature.
   (c)   Variances. Variances shall not be granted from the actual criteria and limitations set forth in Section 1143.08(d).
   (d)   Criteria and Limitations. Home occupations are subject to the following criteria and limitations.
      (1)   The home occupation shall be secondary in importance to the use of the dwelling for dwelling purposes.
      (2)   Any on-site business related in any manner to the home occupation shall be conducted by the occupant with no more than one employee, associate, or contractor working on or reporting to work on the premises who does not reside in the residence.
      (3)   The business activity, including the storage of equipment, supplies or any other apparatus used in the home occupation shall be carried on entirely within the dwelling and not in an accessory building or garage except that storage of equipment and supplies may be carried on in a garage to the extent that at all times the number of vehicles for which the garage was designed to accommodate shall be able to be parked in such garage.
      (4)   The home occupation shall occupy no more than a total aggregate area of twenty percent (20%) of the floor area of the dwelling unit; said aggregate area not to include the area of basements, unfinished attics or attached garages.
      (5)   Any activity, material, goods, or equipment indicative of the proposed use, except employee and customer vehicles, shall be carried on, utilized or stored within the dwelling unit or garage and not be visible from any public way or adjacent property.
      (6)   The proposed use shall not generate any noise, odor, dust, smoke or electromagnetic interference outside the dwelling.
      (7)   There shall not be any change in the outside appearance of the building or premises, or other visible exterior change related to the home occupation except for one sign identifying the permitted home occupation in compliance with the Sign Regulations set forth in Chapter 1183.
      (8)   On-site customer/client contact for any type of home occupation is limited to one appointment at any time. No appointments shall be scheduled between the hours of 10:00 p.m. and 8:00 a.m.
      (9)   The proposed use shall not constitute a fire hazard endangering the site of the home occupation and adjoining property sites. There shall be no storage of combustible or flammable matter, accumulation of rubbish or waste paper, and storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire. The proposed home occupations set forth in subsection (a)(2) above are subject to building inspections by the City Engineer, City Planning Director and Fire Inspector (or their representatives) to ensure that the established standards and limitations set forth for home occupations are complied with.
      (10)   The proposed use shall not cause an increase in the use of any one or more public utilities (water, sewer, electric, sanitation, etc.) so that the combined use of the residence and home occupation does not exceed the average use for residences in the neighborhood of the proposed use.
      (11)   No on-street parking shall be permitted in conjunction with the home occupation. Customer and employee parking shall be limited to the driveway area only or shall be accommodated behind the building line.
      (12)   No more than two client/customer vehicles or vehicles belonging to employees shall be permitted on the premises at any one time. This includes any employee engaged in the home occupation who does not reside on the premises but reports to work at and parks his or her vehicle at said premises.
   (e)   Extensions. Zoning certificates for home occupations shall be extended by the Planning Department for a period of three (3) years if the Planning Director determines that the home occupation continues to comply with the home occupation regulations. Before issuing an extension, the Planning Director may seek advice from the Building and Fire Departments.
   (f)   Home Occupations Not Requiring a Zoning Certificate. A zoning certificate shall not be required for home occupations that comply with all of the criteria and limitations set forth in 1143.08(d) and the following limitations.
      (1)   No on-site customers; and
      (2)   No on-site employees who do not reside in the home.
         (Ord. 2007-222. Passed 1-10-08.)

1143.09 PARKING OF COMMERCIAL VEHICLES.

   Parking of commercial vehicles in Residential Districts shall be permitted provided the following conditions are complied with:
   (a)   There shall be a maximum of one commercial vehicle permitted to be parked on a residential lot.
   (b)   Only a commercial vehicle used on a regular basis by the resident for the resident's occupation shall be permitted to be parked on the resident's lot.
   (c)   The maximum gross vehicle weight of a commercial vehicle shall be 18,000 pounds and the maximum overall vehicle length shall be 24 feet.
   (d)   All commercial vehicles shall be parked on an improved driveway a minimum of 20 feet from the street right-of-way. No on-street parking shall be permitted.
   (e)   No maintenance, service or extended running of vehicles shall be conducted on a residential lot.
      (Ord. 2007-222. Passed 1-10-08.)

1143.10 BUSINESS USES IN THE RB DISTRICT.

   Business uses may be permitted as a principal use in the R-B District in compliance with the following:
   (a)   The maximum floor area ratio for new construction or building addition for business or office uses shall be 25 percent.
   (b)   The floor area of the structure devoted to the business or office use shall not exceed 3,000 square feet including all additions to an existing structure and any new building.
   (c)   The uses permitted shall be limited to those uses that meet the criteria of this section and shall further be limited to:
      (1)   Administrative, professional, and medical offices;
      (2)   Retail establishments in wholly enclosed buildings, but not including game rooms where electronic games are available for customer use in the store;
      (3)   Restaurant, table-service; provided delivery and drive-in services shall not be permitted.
      (4)   The following personal services: hair care, nail care, tanning salons, and pet grooming;
      (5)   Funeral homes;
      (6)   Bed and Breakfast, containing a maximum of three guest rooms.
      (7)   Museums, art galleries and artist studios.
      (8)   Studios for instruction such as dance, exercise or karate.
   (d)   All off-street parking areas shall be located behind the front building line and drive-thru facilities shall not be permitted.
      (Ord. 2011-122. Passed 1-12-12.)
   (e)   Conversion of a residential structure for non-residential purposes shall comply with Section 1163.04(m).
   (f)   All business activities, services, and processes, except off-street parking and loading, shall be conducted within a completely enclosed building.
   (g)   The removal of trees, changes of topography, and other factors which will affect the residential character of the neighborhood shall be minimized.
   (h)   Maximum visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.
   (i)   Refuse storage and pickup facilities shall be fenced, screened, or landscaped to prevent the blowing or scattering of refuse and to provide an adequate visual barrier from locations both on and off site.
   (j)   Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, streams and public streets, and to minimize the possibility of erosion.
   (k)   All remodeling and new construction of buildings and other structures shall be designed, constructed, and maintained so as to promote and provide acceptability, attractiveness, cohesiveness, and compatibility of new buildings, existing development, remodeling, and additions in order to maintain and improve the established standards of property values and qualities within the community and neighborhood.
   (l)   Buildings, structures and uses, whether part of a present or future group, complex, or development, shall have a unity of character and design, and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established and developed section of the city, the design, scale, and location of buildings on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings.
   (m)   All building elevations and facades shall be designed to create a harmonious whole while providing individual identity. Materials shall express their function clearly and not appear as a material foreign to the rest of the building.
   (n)   Building roofs shall have a minimum pitch of six feet vertical to 12 feet horizontal; roofs shall have offsets in the roof line to articulate small and varied masses.
      (Ord. 2009-101. Passed 6-25-09.)

1143.11 ACCESSORY BUSINESS USES IN THE R-B DISTRICT.

   In compliance with the goals and purposes of the R-B Residential Business District, limited development of small office and businesses uses shall be permitted as an accessory use to a dwelling in compliance with the following:
   (a)   Procedures to Obtain Zoning Certificate. To obtain a zoning certificate for an accessory business use or to appeal an administrative decision concerning an accessory business use, the applicant shall follow the procedures for home occupations set forth in Section 1143.08(b).
   (b)   Criteria and Limitations. Accessory business uses are subject to the following criteria and limitations:
      (1)   At all times the residential use of the property shall be maintained as the principal use on the lot and any business use shall be accessory thereto.
      (2)   The uses permitted shall be limited to those uses that meet the criteria of this section and shall further be limited to:
         A.   Administrative, business, professional and medical offices;
         B.   Retail establishments in wholly enclosed buildings, but not including game rooms where electronic games are available for customer use in the store;
         C.   Restaurant, table-service, provided carry-out food services shall not be permitted;
         D.   Personal services;
         E.   Bed and Breakfast, containing a maximum of three guest rooms.
      (3)   The accessory business use shall occupy no more than 100 percent of the ground floor area of the dwelling or 50 percent of the total floor area of the dwelling, whichever is less. The area of a basement, unfinished attic or attached garage shall not be included for the purpose of calculating floor area.
      (4)   The business activity, including the storage of equipment, supplies or any other apparatus used in the accessory business use, except employee and customer vehicles, shall be carried on entirely within the dwelling and not in an accessory building or garage, except that storage of equipment and supplies may be carried on in a garage to the extent that at all times the number of vehicles for which the garage was designed to accommodate shall be able to be parked in such garage.
      (5)   The resident of the dwelling shall be the owner or the primary operator or manager of the accessory business use.
      (6)   Parking for the proposed use shall be accommodated on site behind the building line.
      (7)   The proposed use shall not constitute a fire hazard endangering the site and/or adjoining properties. There shall be no storage of combustible or flammable matter, accumulation of rubbish or waste paper, and storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire. Proposed accessory business uses are subject to building inspections by the City Engineer, City Planning Director and Fire Inspector (or their representatives) to ensure that the established standards and limitations set forth for accessory business uses are complied with.
      (8)   Notwithstanding the provisions of this section, all accessory business uses shall comply with all applicable building and fire code requirements.
   (c)   Extensions. Zoning certificates for accessory business uses shall be extended by the Planning Department for a period of three years if the Planning Director determines that the accessory business use continues to comply with the regulations in this Section. Before issuing an extension, the Planning Director may seek advise from the Building and Fire Departments.
      (Ord. 2009-101. Passed 6-25-09.)

1143.12 SITE PLAN REVIEW.

   Any new construction of conditional uses including multi-family, institutional or recreational uses or any existing or previously approved conditional use which proposes to increase the number of dwelling units in a multi-family development, expand the floor area of institutional or recreational developments, or change a use which requires a modification in the amount of parking or the site's circulation requires submission and approval of a site plan pursuant to Section 1137.03.
(Ord. 2009-101. Passed 6-25-09.)

1143.13 PARKING OF CONSTRUCTION EQUIPMENT PROHIBITED.

   (a)   No person shall park or store upon a residential parcel, or permit the parking or storage, of any type of equipment which has as its primary function the construction of structures, roads, driveways or trenching, unless the equipment is at the site for immediate use for the purpose intended by the device.
   (b)   The owner of the land, or the owner of the equipment, or both, may be cited for violation of subsection (a) hereof.
   (c)   As used in this section, “construction equipment” or “construction devices” shall include, but not be limited to, the following:
      (1)   Rollers, smooth drum or sheep foot. Padded foot trench roller.
      (2)   Mortar mixers greater than nine cubic feet. Power buggies to deliver mortar or concrete.
      (3)   Concrete mixers greater than nine cubic feet.
      (4)   Road graders or front end loaders, grade all, cranes, pile drivers.
      (5)   Tractor trailers, low boys, tankers and dual axle dump trucks.
      (6)   Back hoes, ditching machines, fork lifts and bobcats.
   (d)   This section may be enforced by any law enforcement official or zoning compliance officer.
   (e)   Council has determined the storage of construction equipment is a nuisance subject to abatement. A pre-existing condition in place on the effective date of this section shall be remedied to produce full compliance on or before August 31, 2002.
   (f)   Whoever violates this section shall be guilty of a minor misdemeanor. Each calendar day shall be deemed a new offense.
(Ord. 2009-101. Passed 6-25-09.)

1145.01 PURPOSE.

   Commercial District regulations are established to ensure the availability of suitable areas for business and commercial uses while at the same time promoting the most desirable and beneficial use of land that will protect the character and value of the residential neighborhoods within Stow. Six commercial zoning districts have been established to meet the needs of the community.
   (a)   The C-2 Limited Retail District is established to restrict small retail areas that are not located at major intersections to less intense retail uses, therefore prohibiting drive-thru facilities and gas stations.
   (b)   The C-3 Community Retail District is established to permit small-to-medium size retail centers at major intersections in order to consolidate commercial use in these locations and prohibit sprawl along major streets. No outdoor storage is permitted.
   (c)   The C-4 General Business District is established to accommodate a wide range of commercial development, along with outdoor storage as a conditional use, in select areas in a manner that does not disrupt or intrude upon residential areas.
   (d)   The C-5 Highway Services District is established to consolidate uses targeted to motorists, both local and through travelers. Allows for limited outdoor storage as a conditional use.
   (e)   The C-6 Office/Business District is established to reserve prime office and business locations for the exclusive development and protection of offices, administrative and research facilities and similar businesses that are office-like in physical appearance and service requirements.
   (f)   The C-7 Office/Multi-Family District is established to provide areas for offices and, to some extent, multi-family located in a planned development of building and amenities on parcels of five or more acres primarily along the SR8 corridor and in selected areas where redevelopment is desired.
   (g)   The C-8 Office/Service District is established to provide areas for offices and related services, hotels, and restaurants adjacent to highway interchanges and major intersections.
   Note:   The "C-1 Office District" has been renamed the "R-B Residential Business District." Regulations pertaining to the R-B District are contained in the Residential District Regulations, Chapter 1143.
(Ord. 2007-222. Passed 1-10-08.)

1145.02 PERMITTED USES.

   Unless otherwise provided by law or in this Code, buildings, structures, or land shall only be used or occupied following the adoption of this Code for the uses permitted herein. Schedule 1145.02 enumerates those uses that may locate in a C-2 Limited Retail, C-3 Community Retail, C-4 General Business, C-5 Highway Services, C-6 Office/Business, C-7 Office/Multi-Family and C-8 Office/Service District as a matter of right as a principal use and those uses which may locate in a given district only upon obtaining a conditional use permit.
   (a)   A use listed in Schedule 1145.02 shall be permitted by right in a district when denoted by the letter "P" provided that all requirements of other City ordinances and this Code have been met.
   (b)   A use listed in Schedule 1145.02 may be permitted as a conditional use in a district when denoted by the letter "C," provided that the requirements of Title Nine have been met, and a conditional use permit has been obtained according to the procedures in Section 1137.04.
   Although a use may be indicated as permitted or conditionally permitted in a particular commercial district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question.
SCHEDULE 1145.02
PERMITTED USES IN COMMERCIAL DISTRICTS
PERMITTED USES
C-2
Limited Retail
C-3
Comm. Retail
C-4
General Business
C-5
High- way Services
C-6
Office/ Business
C-7
Office /
Multi- Family
C-8
Office/ Service
a. Residential
1. Multi-Family Dwelling
C
2. Nursing Home
C
C
C
C
3. Assisted Living
C
C
C
C
b. Professional/Medical
1. Administrative, Business, Professional Offices (other
than Medical)
P
P
P
P
P
P
P
2. Medical Offices
C
P
P
P
P
P
P
3. Funeral Homes
C
C
C
4. Hospitals
C
C
C
C
5. Urgent Care/Clinics
C
C
C
C
C
6. Research/Testing Laboratories
P
P
P
P
P
7. Ambulance and Emergency Medical Services
C
C
8. Flex Buildings (Please see footnote (a) at the end of Schedule)
C
c. Retail/Service
1. Retail in wholly enclosed buildings. (Please see footnote (b) at the end of Schedule)
P
P
P
P
P (b)
2. Personal Services (hair care, dry cleaner, shoe repair, self- service laundry, pet grooming)
P
P
P
P
P (b)
3. Other Services (small appliance repair, electronics)
P
P
4. Financial Establishments
C
P
P
P
P
P
P
5. Automatic Teller Machines
C
C
P
C
C
C
6. Restaurant – Table service
C
P
P
P
P
7. Restaurant – counter service (in a multi-tenant building without a drive-thru)
P
P
P
P
P (b)
8. Restaurant – counter service (stand alone building)
C
C
P
P (b)
9. Bar, Tavern, Night Club
C
C
C
 
PERMITTED USES
C-2
Limited Retail
C-3
Comm. Retail
C-4
General Business
C-5
High- way Services
C-6
Office Business
C-7
Office/ Multi- Family
C-8
Office/ Service
10. Business Services(cleaning, copying, rug cleaning)
P
P
P
P
11. General Commercial with outdoor storage (garden supply, nursery, landscaping, lumber, supermarkets, superstores, large department stores)
C
C
12. Hotels/Motels
C
P
P
13. Drive-Thru Facilities in association with a permitted use excluding drive-thru beverage stores
C
C
P
C
C
C
14. Auction Sales, Flea Markets
C
15. Veterinary Clinics
C
C
C
C
C
16. Outdoor storage/Display, accessory to a principal use
C
C
17. Auto Rental Offices (Subject to Section 1145.13 regulations)
P
P
P
18. 18. Adult Use Cannabis Dispensary
C
C
d. Automotive
1. Auto Sales/Rental
C
C
C
2. Truck Sales/Rental
C
3. Gasoline Station
C
C
P
4. Vehicular Service Station
C
C
C
5. Car Wash
C(c)
6. Repair Garage
C
C
e. Entertainment / Recreation
1. Membership/Sports Fitness Club
P
P
P
C
2. Studios for Instruction: Dance, Exercise, Karate, etc.
P
P
C
3. Indoor Commercial Recreation/Entertainment, bowling alley, skating rink, dance hall
C
P
P
4. Theater
C
5. Assembly Hall, Meeting Place
C
C
6. Outdoor Commercial Recreation
C
C
C
f. Institutional / Other
1. School
C
C
C
C
2. Places of Worship
C
C
C
C
C
C
3. Adult & Child Day Care Center
C
C
C
C
C
C
P
4. Library
C
C
C
C
C
 
PERMITTED USES
C-2 Limited Retail
C-3 Comm. Retail
C-4 General Business
C-5 High- way Services
C-6 Office Business
C-7 Office /
Multi- Family
C-8 Office/ Service
5. Public Administrative Offices
P
P
P
P
P
P
P
6. Park, playground or outdoor public recreation
C
C
C
C
C
C
P
7. Indoor public or non-profit recreation
C
C
P
P
C
C
8. Public Utility Substations
C
C
C
C
C
C
C
9. Public Safety Facilities
C
C
C
C
C
C
C
10. Public Service and Maintenance Facility
C
C
11. Oil and Gas Wells
C
C
C
C
C
12. Conversion of Residential Structures
C
C
C
C
C
(a)   Business uses permitted in flex buildings in C-6 Districts include administrative, medical and professional offices, research/testing laboratories, business services, fabrication and assembly, wholesale and distribution, printing and machining. See Section 1163.04(oo) for additional information.
(b)   In C-8 Districts retail, personal service and counter service restaurants shall be permitted if they are located within a mixed use building no larger than 13,500 sq. ft. in size. Retail, personal service and counter service restaurants are permitted to occupy up to 50% of the floor area of a mixed use building; and the total area of the mixed commercial buildings shall occupy no more than 40% of the permitted building coverage of the entire lot or development.
(c)    All types of car washes shall not exceed one per every 10,000 residents, or a portion thereof, of the population of the City.
(Ord. 2011-123. Passed 1-12-12; Ord. 2012-178. Passed 1-10-13; Ord. 2022-2. Passed 2-24-22 ; Ord. 2023-064. Passed 5-25-23; Ord. 2024-243. Passed 1-23-25 .)
 

1145.03 ACCESSORY USES.

   When denoted by the letter "A", a use listed in Schedule 1145.03 is an accessory use permitted in association with and subordinate to a permitted or conditionally permitted use in a C- 2, C-3, C-4, C-5, C-6, C-7 or C-8 Commercial District subject to the regulations of Section 1145.09.
Schedule 1145.03
Permitted Accessory Uses
PERMITTED USES
C-2
Limited Retail
C-3
Comm. Retail
C-4
General
Business
C-5
Highway
Services
C-6
Office Business
C-7
Office /
Multi- Family
C-8
Office/
Service
1.    Off-street parking and loading facilities as required and regulated in Chapter 1181.
A
A
A
A
A
A
A
2.    Signs as permitted and regulated in Chapter 1183
A
A
A
A
A
A
A
3.    Accessory Buildings
A
A
A
A
A
A
A
4.    Employee Cafeterias
A
A
A
A
A
A
A
5.    Recycling Collection Station or Waste Receptacle enclosed in a principal building in an approved structure, or screened according to the regulations of Section 1145.09b and 1145.10b.
A
A
A
A
A
A
A
6.    Retail Establishments within an office building not to exceed an area equal to 25% of the first floor area of a permitted Office Building subject to Section 1145.09c.c(a)
A
A
A
7.    Satellite Dish Receiving Antennas subject to the regulations in Chapter 1187
A
A
A
A
A
A
A
8.    Other uses incidental to the principal use.
A
A
A
A
A
A
A
Notes to Schedule 1145.03:
(a)    Permitted retail uses shall be limited to a cafeteria, restaurant, pharmacy or other similar retail use.
 
(Ord. 2007-222. Passed 1-10-08.)
 

1145.04 LOT REQUIREMENTS.

   The minimum lot area, width and frontage of lots in a C-2, C-3, C-4, C-5, C-6, C-7, or C-8 District are specified in Schedule 1145.04.
Schedule 1145.04
LOT AREA, WIDTH AND FRONTAGE REGULATIONS
IN COMMERCIAL DISTRICTS
                                               Minimum Lot Requirements
District
Area
Width (a)
C-2 Limited Retail
20,000 sq.ft.
100 ft.
C-3 Community Retail
40,000 sq.ft.
120 ft.
C-4 General Business
40,000 sq.ft.
120 ft.
C-5 Highway Services
40,000 sq.ft.
120 ft.
C-6 Office/Business
40,000 sq.ft.
120 ft.
C-7 Office/Multi-Family
5 acres (b)
300 ft.
C-8 Office/Service
3 acres (b)
120 ft.
Note to Schedule 1145.04
(a)   Lot width is the same as lot frontage at the street right-of-way line.
(b)   For the purposes of this section, the entire tract of land proposed for development in a C-7 District shall be 5 acres and in a C-8 District shall be 3 acres; further subdivision of land following approval of the overall site plan shall be permitted with a minimum parcel area of 40,000 square feet.
(Ord. 2007-222. Passed 1-10-08.)
 

1145.05 MAXIMUM DENSITY REQUIREMENTS.

   Each zoning lot and the principal building upon such zoning lot in the Commercial Districts shall comply with the maximum floor area ratio and building coverage and minimum landscaped open space requirements specified in Schedule 1145.05.
Schedule 1145.05
MAXIMUM DENSITY REQUIREMENTS IN COMMERCIAL DISTRICTS
District
Maximum Floor Area Ratio
Maximum Building Coverage
Minimum Landscaped Open Space
C-2 Limited Retail
25%
20%
25%
C-3 Community Retail
35%
23%
25%
C-4 General Business
35%
23%
25%
C-5 Highway Services
35%
23%
25%
C-6 Office/Business
35%
20%
25%
C-7 Office/Multi-Family
45%
20%
25%
C-8 Office/Service
40%
25%
25%
(Ord. 2007-222. Passed 1-10-08.)
 
 

1145.06 PRINCIPAL BUILDING YARD REQUIREMENTS.

   Every permitted use of land and structures shall be located on a zoning lot in such a manner as to create and preserve a front yard adjacent to each street on which such lots abuts, a side yard or yards and a rear yard conforming to the requirements of Schedule 1145.06. Each yard shall be unobstructed by a principal use or principal building, except as otherwise provided in this Code.
Schedule 1145.06
MINIMUM REQUIRED FRONT, REAR AND SIDE YARDS
IN COMMERCIAL DISTRICTS
Minimum Depth in Feet
District
 
Front Yard (a) 
Rear & Side Yard
Rear and Side Yard Adjacent to Residential District
C-2 Limited Retail
40
10
40
C-3 Community Retail
60
20
40
C-4 General Business
80
20
40
C-5 Highway Services
80
20
40
C-6 Office/Business
80
25
50
C-7 Office/Multi-Family
80
30
60
C-8 Office/Service
50 (b)(c)
30
50
Notes to Schedule 1145.06:
(a)   On corner lots, the minimum depth of the front yard adjacent to the side street shall be 40 ft.
(b)   For private internal streets within a development in C-8 Districts, the minimum depth of the front yard shall be 20 feet.
(c)   In C-8 Districts, the minimum setback from State Route 8 right-of-way shall be 40 feet.
(Ord. 2007-222. Passed 1-10-08.)

1145.07 PARKING SETBACK REQUIREMENTS.

   Off-street parking areas may be located within required front, rear and side yards provided such parking areas comply with the minimum setbacks as specified in Schedule 1145.07.
Schedule 1145.07
MINIMUM PARKING SETBACK REQUIREMENTS
IN COMMERCIAL DISTRICTS
                                                   Depth from Lot Line in Feet
District
 
Front (a)
Rear & Side
Rear & Side Abutting a Residential District
C-2 Limited Retail
20
10(b)
25
C-3 Community Retail
20
10(b)
25
C-4 General Business
20
10(b)
25
C-5 Highway Services
20
10(b)
25
C-6 Office/Business
20
10(b)
25
C-7 Office/Multi-Family
40(c)
10(b)
30
C-8 Office/Service
20(d)
10(b)
30
Notes to Schedule 1145.07:
(a)   Off-street parking areas may be located within the required front yard, specified in Schedule, no closer to the R-O-W than specified above, provided a minimum of 50% of the required front yard is landscaped open space. See also Section 1145.10.
(b)   Elimination of the rear and side setbacks may be conditionally permitted when property owners enter into a joint agreement and the on-site circulation and parking between the two or more lots are properly designed.
(c)   Off-street parking areas adjacent to a proposed public or private street may be located a minimum of 20 feet from the front lot line.
(d)   Off-street parking is not permitted within 40 feet of the State Route 8 right-of-way.
   (Ord. 2007-222. Passed 1-10-08.)

1145.08 HEIGHT REGULATIONS.

   Except for appurtenances as regulated in Section 1185.01(c) the height of a principal building in the C-2, C-3, C-4, C-5, C-6 and C-7 Districts shall not exceed 35 feet unless otherwise indicated on the Zoning Map. The maximum height of a principal building in a C-8 District shall not exceed 70 feet.
(Ord. 2007-222. Passed 1-10-08.)

1145.09 ACCESSORY USE REGULATIONS.

   Accessory uses, buildings and structures permitted in a C-2, C-3, C-4, C-5, C-6 or C-7 District shall conform to the regulations of this section.
   (a)   Accessory Buildings. Accessory buildings shall conform to all lot, yard, floor area ratio and site plan review and approval requirements of the zoning district in which the parcel or lot is located. The height of accessory buildings shall not exceed 20 feet, unless otherwise specified in this Code.
   (b)   Waste Receptacles. All solid waste products resulting from any permitted principal, conditionally permitted or permitted accessory use shall either be disposed of, stored in buildings or in a completely enclosed container. Such building, enclosed container or enclosed dumpster may be located in a side or rear yard and shall comply with the minimum parking setbacks established in Schedule 1145.07.
   (c)   Retail Establishments in Office Buildings. Retail establishments, such as a pharmacy or cafeteria, may be located in an office building in a C-6 Office or C-7 Office/Multi-Family District provided such accessory use complies with the following:
      (1)   The sum of the areas of such retail uses shall occupy no more than 25% of the first floor area of the office building.
      (2)   No display shall be in an exterior show window.
      (3)   No external sign indicating such use shall be permitted.
      (4)   No outdoor storage of goods or materials shall be permitted.
   (d)   Fences and Walls. Fences and walls may be erected in any commercial district provided they comply with the following:
      (1)   In a front yard, no vision obscuring fence or wall exceeding 18 inches shall be located within 20 feet of a public right-of-way.
      (2)   In a required side or rear yard, a fence or wall shall not exceed six (6) feet in height.
      (3)   Any proposed fence or wall shall be reviewed and approved as part of a site plan pursuant to Section 1137.03. However, when a fence or wall is proposed at a separate time from any other development for new construction, additions or site renovation, a fence or wall may be approved administratively by the Planning Director when the Planning Director determines that the proposal:
         A.   Complies with subsection 1. and 2. above;
         B.   Is consistent with any previously approved plan;
         C.   Is compatible with the current site development if there is no approved plan; and
         D.   Will have a minimum adverse impact to the surrounding areas. If, because of the nature of the proposed fence or wall, the Planning Director does not make such a determination, the request shall be referred to the Planning Commission and considered by the Commission according to the site plan procedures in Section 1137.03.
   (e)   Outdoor Storage. Outdoor storage permitted as a conditional use shall be in compliance with the regulations specified in Section 1163.04(cc).
   (f)   Off-Street Parking and Loading Regulations. Off-street parking and loading areas shall conform to the minimum parking setback requirements specified in Schedule 1145.07, and shall otherwise conform to the regulations of Chapter 1181.
   (g)   Signs. Signs shall be in compliance with the regulations specified in Chapter 1183.
      (Ord. 2007-222. Passed 1-10-08.)

1145.10 LANDSCAPING AND SCREENING REQUIREMENTS.

   Visual screening or landscape buffers shall be provided to: remove, reduce, lessen or absorb the shock impact between one incompatible use or zone and another; break up and lessen the impact of large parking areas; provide interest and lessen the monotony of the streetscape; and obscure the view of outdoor storage, rubbish areas, dumpsters, parking and loading areas; and provide protection from soil erosion.
   (a)   Landscaping and Maintenance of Yards. Required yards and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition. Each lot in a commercial district shall have no less than 25% of the area of the lot landscaped.
   (b)   Screening of Accessory Uses. Outdoor storage of goods, supplies or equipment used in the operation of the establishment, where permitted, dumpsters and loading areas shall be screened by a solid masonry wall made of the same material, color and detailing of the principal building a minimum of six feet in height placed adjacent to the dumpster, storage or loading area so as to effect screening from any adjacent streets and any adjoining properties.
   (c)   Screening and Landscaping of Parking Lots. Perimeter and interior landscaping of parking lots shall be provided in accordance with the regulations set forth in Section 1181.10(i).
   (d)   Screening When Lot Abuts a Residential District. When a lot in a Commercial District abuts a Residential District, screening and buffering along the entire length of the common boundary shall be provided in accordance with Section 1145.09(d)(1) and the following regulations, and shall be approved as part of the site plan required by Section 1137.03.
      (1)   Screening shall consist of one or a combination of the following:
         A.   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.
         B.   A nonliving opaque structure such as a solid masonry wall, solidly constructed decorated fence, or louvered fence.
         C.   A landscaped mound or berm.
      (2)   The height of screening shall be in accordance with the following:
         A.   Visual screening walls, fences, or mounds and fences in combination shall be a minimum of six feet high in order to accomplish the desired screening effect except for fences and walls in a front yard which shall comply with Section 1145.09(d)(1).
         B.   Vegetation shall be planted with such minimum height to assure that the required six feet high screening effect shall be achieved not later than twelve months after the initial installation.
      (3)   All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
      (4)   The required landscaping shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.
         (Ord. 2007-222. Passed 1-10-08.)

1145.11 SUPPLEMENTARY REGULATIONS FOR GASOLINE STATIONS.

   In addition to the above regulations, gasoline stations in a Commercial District shall comply with the following standards:
   (a)   Gasoline stations located on a corner lot shall have a minimum of 120 feet of lot frontage on each of the two intersecting streets;
   (b)   Fuel pumps may be erected in a front yard but not less than 40 feet from the street right-of-way; pavement in association with a gasoline pump shall be located no less than 20 feet from the street right-of-way. The resulting open space shall be landscaped and maintained in satisfactory condition and, except for entrance and exit drives and permitted signs, shall not be used for any other purpose;
   (c)   A canopy may be constructed over the pump island provided the canopy shall be no closer than 20 feet to the right-of-way;
   (d)   The only services permitted to be performed on a vehicle shall be the dispensing of fuel, oil, air and windshield wiper fluid, etc.;
   (e)   The location, number and width of access drives shall comply with the regulations specified in Section 1181.09;
   (f)   Rollover car wash facilities shall be permitted as an accessory use subject to the regulations in Section 1145.12 for automatic car wash facilities.
   (g)   Conditionally permitted gasoline stations and/or conditionally permitted outdoor storage or display of merchandise shall also comply with the conditions and requirements for conditional uses set forth in Title Nine, particularly the specific requirements set forth in Section 1163.04(x) pertaining to gasoline stations and Section 1163.04(cc) pertaining to outdoor storage and display.
      (Ord. 2007-222. Passed 1-10-08.)

1145.12 SUPPLEMENTARY REGULATIONS FOR AUTOMATIC CAR WASH FACILITIES.

   All car wash facilities where vehicles are moved through the facility by a chain conveyor, rollover or other similar method shall be equipped with blow dryers to prevent excess water from pooling within the right-of-way. Car wash facilities shall not operate when the outdoor temperature is below 32°F.
(Ord. 2007-222. Passed 1-10-08.)

1145.13 SUPPLEMENTARY REGULATIONS FOR AUTO RENTAL OFFICES IN C-3, C-4 AND C-5 DISTRICTS.

   In addition to the other applicable regulations in this Chapter, auto rental offices in C-3, C-4 and C-5 Districts shall comply with the following standards:
   (a)   Parking of rental vehicles shall be limited to no more than 10 passenger vehicles (including mini-vans);
   (b)   There shall be no washing or servicing of vehicles on-site; and
   (c)   A site plan shall be provided by the property owner in order to demonstrate that there will be adequate parking on the property for the auto rental office and other tenants based on the existing square footage and the minimum parking spaces required based on the regulations in Chapter 1181.
      (Ord. 2007-222. Passed 1-10-08.)

1145.14 SITE PLAN REVIEW.

   Any new construction of business, institutional or recreational uses or existing or previously approved developments which propose to expand the floor area, or change a use which requires a modification in the amount of parking or the site's circulation except those uses exempt from Site Plan Review according to 1137.03(c) shall require submission and approval of a site plan pursuant to Section 1137.03.
(Ord. 2007-222. Passed 1-10-08.)

1147.01 PURPOSE.

   Industrial District regulations are established to provide for manufacturing, industrial and related uses and facilities within the community in conformance with specific standards and in a manner compatible with the primarily residential character of the City of Stow. Two industrial zoning districts have been established to meet the needs of the community.
   (a)   The I-1 Limited Industrial District is established to encourage the grouping of professional, research and administrative uses and the distribution and handling of goods and materials in a clean and non-intrusive manner and when all permitted uses, including accessory uses except for off-street parking and incidental loading, and other equipment shall be contained and stored in a completely enclosed building.
   (b)   The I-2 Industrial District is established to accommodate general industrial uses including uses involving processing, fabrication, packaging, assembly, and related functions, whether using machinery or labor and associated with the industrial operations of producing goods, components, and other related items. In order to accommodate such industrial uses, outdoor storage related to such uses shall be permitted.
(Ord. 2007-222. Passed 1-10-08.)

1147.02 PERMITTED USES.

   In the I-1 Limited Industrial and I-2 Industrial District, land and structures may be used, erected, constructed or reconstructed, enlarged, moved or structurally altered, only for a principal use specified for a particular district in Section 1147.02(a), a conditional use in accordance with Section 1147.02(b), or an accessory use to a permitted principal or conditional use in accordance with Section 1147.02(c).
   (a)   A use listed in Schedule 1147.02 shall be permitted by right when denoted by the letter "P," provided that all requirements of other City ordinances and this Code have been met.
   (b)   A use listed in Schedule 1147.02 may be permitted as a conditional use in a district when denoted by the letter “C”, provided that the requirements of Title Nine have been met, and a conditional use permit has been obtained according to the procedures in Section 1137.04.
      (Ord. 2007-222. Passed 1-10-08.)
Schedule 1147.02
PERMITTED USES IN INDUSTRIAL DISTRICTS
Permitted Uses.
I-1
Limited
Industrial
Commercial
I-2
Industrial
(a)   Office/Professional
   (1)   Administrative, Business, Professional and Medical Offices
P
P
   (2)   Laboratories/Research Facilities
P
P
   (3)   Employee and Workers Instructional Training Facility
P
P
   (4)   Hospitals
P
P
   (5)   Health and Wellness Centers
P
(b)   Commercial/Services.
   (1)   Business Services (cleaning, copying, limited printing, etc.)
P
P
   (2)   Child or Adult Day Care Center
C
C
   (3)   Self-Service Storage Facilities
C
   (4)   Vehicle and Equipment Repair Services, Repair Garages, including Body Works in a wholly enclosed building (Building must be located at least 100 feet from a residential district.)
P
   (5)   Garden Centers with Major Outdoor Display, Storage, and     Sales Facilities for garden, Nursery and landscaping materials and supplies
C
   (6) Lumber Mills, Yards and Building Materials
C
   (7) Tree, Landscaping and Lawn Service if adjacent to a non-residential district
P
P
(7-a) Tree, Landscaping and Lawn Service if adjacent to a residential district
C
C
   (8) Indoor Sports Training Facility
C
C
(c)   Light Industrial
   (1)   Fabrication and Assembly Operation
P
P
   (2)   Wholesale, Warehousing and Distribution Facility
C
P
   (3)   Construction Trades and Contractors Storage Yards
C
C
   (4)   Printing and Publishing Plants
P
P
   (5)   Laundry and Cleaning Plants
P
   (6)   Machine Shops
P
P
(7) Crematories
C
C
(8) Adult Use Cannabis Cultivator
C
C
(9) Adult Use Cannabis Processing
C
C
(10) Adult Use Cannabis Testing Laboratory
C
C
  (11) Adult Use Cannabis Dispensary
C
C
Permitted Uses.
I-1 Limited Industrial Commercial
I-2 Industrial
(d)   Heavy Industrial
   (1)   Foundries
C
   (2)   Truck Terminal
C
   (3)   Fuel Distribution Facility
C
   (4)   Major Manufacturing
C
(e)   Institutional/Other
   (1)   Public Utility Substations and Facilities
C
C
   (2)   Public Service and Maintenance Facilities
C
   (3)   Public Safety Facilities
C
C
   (4)   Oil and Gas Wells
C
C
   (5)   Airport and Airfields
C
   (6)   Veterinarian Hospitals/Clinics and Kennels
C
   (7)   Greenhouse and Agriculture
C
C
   (8) Outdoor Storage of Fleet Vehicles Used in the operation of the Principal Use
P
   (9) Conversion of Residential Structures for Non-Retail Business Purposes
C
C
(10) Sexually Oriented Business
C
(11) Planned Industrial Developments
C
C
(12) Assisted Living
C
(Ord. 2016-130. Passed 1-26-17; Ord. 2018-7. Passed 3-12-18; Ord. 2022-2. Passed 2-24-22; Ord. 2024-243. Passed 1-23-25.)
   (c)   Accessory Uses. Accessory uses permitted in I-1 and I-2 Districts include the following:
      (1)   Off-street parking and loading areas in compliance with Sections 1147.06(c), 1147.07(c) and Chapter 1181;
      (2)   Accessory buildings in compliance with Section 1147.06(a);
      (3)   Waste and recycling receptacles in compliance with Sections 1147.06(b) and 1147.07(d);
      (4)   Signs in compliance with Chapter 1183;
      (5)   Fences in compliance with Section 1147.06(e);
      (6)   Satellite dish receiving antennas in compliance with Chapter 1187;
      (7)   Outdoor storage in an I-2 District in compliance with Sections 1147.06(f) and 1147.07(d);
      (8)   Canteens or cafeterias for employees;
      (9)   Accessory retail uses in compliance with Section 1147.06(g); and
      (10)   Other similar uses provided that any accessory use conforms to the following standards:
         A.   Is customarily accessory and clearly incidental and subordinate to the permitted principal or conditional use.
         B.   Does not involve the conduct of a trade or business except one related to and in furtherance of the permitted principal or conditional use and does not involve operations not in keeping with the character of the Districts.
         C.   Is located on the same zoning lot as the permitted principal or conditional use.
         D.   Is not likely to be a generator of significant numbers of visitors independently of visitors to the permitted principal or conditional use.
(Ord. 2007-222. Passed 1-10-08.)

1147.03 LOT REQUIREMENTS.

   The minimum lot area, width and frontage and maximum floor area ratio of buildings on such lots in I-1 and I-2 Districts are specified in Schedule 1147.03.
                                                                                                              
Schedule 1147.03
LOT REQUIREMENTS
 
Lot Requirements
I-1 Limited
Industrial District
I-2
Industrial District
Minimum Lot Area
40,000 sq. ft.
40,000 sq. ft.
Minimum Lot Width
120 ft.
120 ft.
Minimum Lot Frontage
75 ft.
75 ft.
Maximum Floor Area Ratio
40%
60%
 
(Ord. 2007-222. Passed 1-10-08.)

1147.04 YARD AND PARKING SETBACK REQUIREMENTS.

   Every permitted use of land and structures shall be located on a zoning lot in such a manner as to create and preserve a front yard adjacent to each street on which such lot abuts, a side yard or yards and a rear yard conforming to the depth requirements of Schedule 1147.04. Each yard shall be unobstructed by a principal use or principal building, except as otherwise provided in this Code. Off-street parking areas may be located within required front, rear and side yards provided such parking areas comply with the minimum setbacks as specified in Schedule 1147.04.
Schedule 1147.04
MINIMUM YARD AND PARKING SETBACK REQUIREMENTS
Minimum Required Yard Depth
I-1 Limited Industrial District
I-2 Industrial District
Yard Type
Adjacent District
Front
Non-residential or Residential
40 ft.
40 ft.
Rear and Side
Non-residential
20 ft.
20 ft.
Rear and Side
Residential
40 ft.
40 ft.
Minimum Parking Setback Requirements
  
Lot Line
Adjacent District
Front
Non-residential or Residential
20 ft.(a)
20 ft.(a)
Rear and Side
Non-residential
10 ft.
10 ft.
Rear and Side
Residential
25 ft.
25 ft.
Notes to Schedule 1147.04:
(a)   Off-street parking areas may be located within the required front yard provided a minimum of 50% of the required front yard is landscaped open space.
   (Ord. 2007-222. Passed 1-10-08.)

1147.05 HEIGHT REGULATIONS.

   Except for appurtenances as regulated in Section 1185.01(c), in an I-1 District, the height of any structure for a permitted principal use shall not exceed thirty-five feet, and in an I-2 District, the height of any structure for a permitted use shall not exceed fifty feet.
(Ord. 2007-222. Passed 1-10-08.)

1147.06 ACCESSORY USE REGULATIONS.

   Accessory uses, buildings and structures permitted in Industrial Districts shall conform to the following standards.
   (a)   Accessory Buildings. Accessory buildings and structures shall conform with all minimum yard requirements for principal buildings specified in Schedule 1147.04. The floor area of accessory buildings, together with the floor area of the principal building on a lot shall conform to the maximum floor area ratio specified in Schedule 1147.03. The height of an accessory building or structure shall comply with the height regulations specified in Section 1147.05.
   (b)   Waste Receptacles. All solid waste products resulting from any permitted principal, conditionally permitted or permitted accessory use that are not disposed of within a building shall be disposed of or stored in a completely enclosed container. Such building, container or dumpster may be located in a side or rear yard, shall comply with the minimum parking setbacks established in Schedule 1147.04 and screening requirements in Section 1147.07(b).
   (c)   Off Street Parking and Loading Regulations. Off-street parking and loading areas shall conform to the minimum parking setback requirements specified in Schedule 1147.04, and shall otherwise conform to the regulations of Chapter 1181.
   (d)   Signs. Signs shall be in compliance with the regulations specified in Chapter 1183.
   (e)   Fence or Wall.
      (1)   In a front yard, no vision obscuring fence or wall exceeding 18 inches shall be located within 20 feet of a public right-of-way.
      (2)   In a required side or rear yard, a wall or fence shall not exceed eight (8) feet in height.
      (3)   Any proposed fence or wall shall be reviewed and approved as part of a site plan pursuant to Sections 1137.03. However, when a fence or wall is proposed at a separate time from any other development for new construction, additions or site renovation, fences or walls may be approved administratively by the Planning Director when the Planning Director determines that the proposal:
         A.   Complies with subsections (e)(1) and (2) above;
         B.   Is consistent with any previously approved plan;
         C.   Is compatible with the current site development if there is no approved plan; and
         D.   Will have a minimum adverse impact to the surrounding areas.
If, because of the nature of the proposed fence, the Planning Director does not make such a determination, the request shall be referred to the Planning Commission and considered by the Commission according to the site plan procedures in Section 1137.03.
   (f)   Outdoor Storage. In an I-2 District, outdoor storage of goods, supplies and equipment used in the operation of the principal use shall be permitted only in the rear yard and shall comply with minimum yard setbacks established for principal buildings in Schedule 1147.04 and screening requirements in 1147.07(b). Outdoor storage of goods, supplies and equipment may be conditionally permitted in an I-1 District in compliance with Title Nine Section 1163.04(cc). Outdoor storage of fleet vehicles used in the operation of the principal use, when permitted, shall be located in the rear yard on off-street parking areas which comply with the minimum parking setback requirements established in Schedule 1147.04.
   (g)   Accessory Retail Uses. In an Industrial District, the on-site sale of products produced or distributed in the industrial facility is permitted as an accessory use. The retail sales must clearly be subordinate to the industrial use on the site, any space dedicated to retail sales may not exceed five percent of the total business floor area and all display and sales areas must be located in the principal building. Product showrooms where orders are placed for future delivery or installation are not considered retail sales.
      (Ord. 2007-222. Passed 1-10-08.)

1147.07 LANDSCAPING AND SCREENING REQUIREMENTS.

   Visual screening or landscape buffers shall be provided to: remove, reduce, lessen or absorb the shock impact between one incompatible use or zone and another; break up and lessen the impact of large parking areas; provide interest and lessen the monotony of the streetscape; and obscure the view of outdoor storage, rubbish areas, dumpsters, parking and loading areas. In addition, required ground cover provides protection from soil erosion.
   (a)   Landscaping and Maintenance of Yards. Required yards and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition.
   (b)   Screening of Accessory Uses. Outdoor storage of goods, supplies or equipment used in the operation of the establishment, where permitted, dumpsters and loading areas shall be screened by an opaque fence or wall a minimum of six feet in height placed adjacent to the dumpster, storage or loading area so as to effect screening from any adjacent streets and any adjoining properties. Existing physical features such as existing trees and wooded areas may be used to achieve the desired screening.
   (c)   Screening and Landscaping of Parking Lots. In the I-1 District, perimeter and interior landscaping of parking lots shall be provided in conformance with the regulations set forth in Section 1181.10(i). In the I-2 District, perimeter landscaping of parking lots shall be provided in conformance with the regulations set forth in Section 1181.10(i) subsections (2) and (3).
   (d)   Screening When Lot Abuts a Residential District. When a lot in an Industrial District abuts a Residential District, such lot shall be screened along the entire length of the common boundary in accordance with Section 1147.06(e)(1) and the following regulations, and shall be approved as part of the site plan required by Section 1137.03.
      (1)   Screening shall consist of one or a combination of the following:
         A.   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.
         B.   A nonliving opaque structure such as a solid masonry wall, solidly constructed decorated fence, or louvered fence.
         C.   A landscaped mound or berm.
      (2)   The height of screening shall be in accordance with the following:
         A.   Visual screening walls, fences, or mounds and fences in combination shall be a minimum of six feet high in order to accomplish the desired screening effect, except for fences and walls in a front yard which shall comply with Subsection 1147.06(e)(1).
         B.   Vegetation shall be planted with such minimum height to assure that the required six feet screening effect shall be achieved not later than twelve months after the initial installation.
      (3)   All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
      (4)   The required landscaping shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.
         (Ord. 2007-222. Passed 1-10-08.)

1147.08 SITE PLAN REVIEW.

   Any new construction of business, institutional or recreational uses or existing or previously approved developments which propose to expand the floor area, or change a use which requires a modification in the amount of parking or the site's circulation except those uses exempt from Site Plan Review according to 1137.03(c) shall require submission and approval of a site plan pursuant to Section 1137.03.
(Ord. 2007-222. Passed 1-10-08.)

1147.09 SUPPLEMENTAL REGULATIONS FOR HEALTH AND WELLNESS CENTERS.

   In addition to all other regulations, health and wellness centers shall comply with the following supplemental regulations:
   (a)   The minimum lot size for a health and wellness center is 10 acres.
   (b)   The minimum front yard setback is 50 feet. The minimum side and rear yard setback shall be equivalent to the building height.
   (c)   The maximum building height is 60 feet.
   (d)   The minimum landscaped open space shall be 25%.
      (Ord. 2007-222. Passed 1-10-08.)

1149.01 PURPOSE.

   Overlay districts hereby created and hereafter established shall be for the purpose of imposing special regulations in certain areas to address specific situations and unique development issues in Stow. Each of the overlay districts is created specifically to accomplish the stated purpose of the particular overlay district and furthermore, intended to promote the general health, safety and welfare of the citizenry and to promote the goals and objectives of the Comprehensive Plan; provide an opportunity for new and innovative development in areas of the City which have special characteristics or special redevelopment opportunities as designated in the Comprehensive Plan; protect residential and commercial property values; safeguard the aesthetics of the City's residential neighborhoods; and protect residential neighborhoods from the potential negative impacts of business development.
(Ord. 2007-222. Passed 1-10-08.)

1149.02 APPLICATION.

   Overlay districts and amendments thereto shall be established in accordance with the required procedures for a Zoning Map amendment pursuant to Section 1137.08 of this Code.
   (a)   An overlay district shall be in addition to and shall overlay all other zoning districts where an overlay district is established so that any parcel of land lying in an overlay district shall also lie in one or more of the other zoning districts provided for in this Code.
   (b)   The appropriate overlay district designation shall be superimposed over the existing zoning designation(s) on the Zoning Map.
   (c)   Regulations, requirements and limitations of overlay districts shall be in addition to, or supersede, as the case may be, those of the underlying district(s).
      (Ord. 2007-222. Passed 1-10-08.)

1151.01 PURPOSE.

   It is the City's policy that most of the frontage along the major highway corridors should continue to be zoned and developed for single-family residential purposes to be consistent with the residential objectives in the Comprehensive Plan and to generally confine commercial development to locations where commercial uses and zoning currently exist to achieve the commercial objectives as also specified in the Comprehensive Plan. However, compared to the other highways, it is recognized that these objectives will be difficult to achieve along Darrow Road because of the street's higher traffic volume, the magnitude of multi-family, office and industrial uses currently existing, and the continued pressure for additional nonresidential development.
   The Darrow Road Overlay District-1 is established for the portion of Darrow Road south of Lillian Road and Bryn Mawr Drive. The Darrow Road Overlay District-2 is established for the portion of Darrow Road north of Lillian Road and Bryn Mawr Drive. These two Darrow Road Overlay Districts are intended to not only continue to encourage single-family developments, but to also recognize that well-designed non-single-family developments may be compatible with the uses along Darrow Road provided they do not fragment or isolate existing low density residential areas and are designed in a manner and at a scale consistent with the prevailing residential character of the corridor and adjacent residential areas. Therefore, these two Overlay Districts provide for limited non-single-family developments to be considered in locations that meet the objectives of the Darrow Road Overlay Districts. Each application shall be subject to a careful evaluation to ensure that any non-single family development occurs only according to the established criteria. Such needed assurances are not possible if the area were to be rezoned to a conventional office or commercial district.
   These Darrow Road Overlay District regulations are designed to achieve the following objectives:
   (a)   To continue to encourage the preservation of single-family residential areas;
   (b)   To provide development options that protect the Darrow Road Corridor from strip commercial development;
   (c)   To manage the location and intensity of non-single-family development in a manner consistent with the objectives of the Comprehensive Plan;
   (d)   To ensure that new or expanded non-single family development is compatible with surrounding land uses by requiring sequential development of heretofore residential property to avoid isolation of single-family homes;
   (e)   To ensure that the general building appearance of new development occurs in a manner and at a scale consistent with and otherwise maintains the basic character of the underlying single-family residential districts;
   (f)   To ensure safe and efficient traffic flow along Darrow Road;
   (g)   To ensure that all non-single-family development complies with these objectives by requiring a site plan and establishing a review process to ensure that all development is consistent with the approved plan;
   (h)   To ensure continued vitality of abutting stable and developed neighborhoods.
   (i)   In addition, the regulations of the Darrow Road Overlay District-1 are intended to promote development that has the same design characteristics as this unique residential area located along the southern portion of Darrow Road.
      (Ord. 2007-222. Passed 1-10-08.)

1151.02 APPLICABILITY.

   The regulations set forth in Sections 1151.01 to 1151.08 shall apply to any non-single- family development permitted by Section 1151.04 or 1151.05, as applicable, and proposed on any lot within these two Darrow Road Overlay Districts. All standards and regulations of the underlying zoning districts shall apply within the DRO District for permitted and conditionally permitted uses enumerated in the underlying district, except where specifically modified or supplemented by provisions of the DRO District.
(Ord. 2007-222. Passed 1-10-08.)

1151.03 APPROVAL OF PROPOSED DEVELOPMENTS.

   Any proposed development permitted by the overlay district regulations shall only be approved by the Planning Commission and Council according to the procedures for conditional uses set forth in Section 1137.04. In addition to the general review criteria for conditional uses set forth in Section 1161.02, the Planning Commission and Council shall review a proposed development giving particular consideration to ensure that:
   (a)   The proposed development is adjacent to existing non-single-family uses, or located at an intersection in order to ensure orderly and sequential development or expansion of non-single-family uses; or that the proposed development will be separated from existing residential areas by a natural or manmade buffer;
   (b)   The proposed development is extended only as far as necessary and in a manner that the development, or any phase of the development, will not isolate existing single-family residential uses;
   (c)   Uses within the proposed development shall be located so as to reduce any adverse influences and to protect the residential character of areas adjacent to the development;
   (d)   Significant buffer zones with adequate landscaping shall be provided between the proposed development and adjacent residential areas;
   (e)   The bulk and height of buildings within the proposed development are compatible with the surrounding development;
   (f)   Roadway systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the development shall be so designed as to have access to public streets which minimize traffic hazards, or congestion;
   (g)   The layout of parking areas, service areas, entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the residential character of areas adjacent to the development;
   (h)   Irreplaceable natural features such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, rock outcroppings, ravines and wetlands, are preserved to the extent feasible.
      (Ord. 2007-222. Passed 1-10-08.)

1151.04 PERMITTED USES IN THE DARROW ROAD OVERLAY DISTRICT-1.

   The following business uses are permitted as a part of a business development in the Darrow Road Overlay District-1:
   (a)   Administrative, executive, consulting, financial, banking, accounting, clerical and data processing offices not involving drive-through facilities;
   (b)   Professional services such as legal, engineering and architectural offices;
   (c)   Medical, dental, optical and other offices for human care services;
   (d)   Real estate, insurance and travel service offices;
   (e)   Funeral homes;
   (f)   Museums, art galleries, artist studios, dance schools;
   (g)   Hair cutting and styling;
   (h)   Retail establishments in wholly enclosed buildings, limited to the following:
      (1)   Florists, gifts, and antiques;
      (2)   Jewelry and camera;
      (3)   Music, art, picture framing, books, and stationary;
      (4)   Hobby, toys and collectibles;
      (5)   Clothing; and
      (6)   Other specialty shops as determined to be appropriate by Planning Commission and Council.
   (i)   Restaurant, table-service; for the purpose of the DRO-1, a table service restaurant is a retail establishment wherein the entire business activity consists of the sale of food to patrons seated at tables for consumption within the building. Delivery and drive-in services are not permitted.
   (j)   Bed and breakfast, containing a maximum of five guest rooms;
   (k)   Accessory buildings incidental to the above uses when located on the same premises.
(Ord. 2007-222. Passed 1-10-08.)

1151.05 PERMITTED USES IN THE DARROW ROAD OVERLAY DISTRICT-2.

   The following office uses are permitted as part of an office development in the Darrow Road Overlay District-2:
   (a)   Administrative, executive, consulting, financial, banking, accounting, clerical and data processing offices; not involving drive-through facilities;
   (b)   Professional services such as legal, engineering and architectural offices;
   (c)   Medical, dental, optical, lab, and other offices for human care services;
   (d)   Real estate, insurance and travel service offices;
   (e)   Accessory buildings incidental to the above uses when located on the same premises.
(Ord. 2007-222. Passed 1-10-08.)

1151.06 MINIMUM LAND AREA AND OWNERSHIP.

   The gross area of a tract of land proposed to be developed under these overlay regulations shall comply with the following:
   (a)   In the DRO-1, a proposed business development or expansion shall have a minimum area of 30,000 sq. ft.
   (b)   In the DRO-2, a proposed office development shall have a minimum area of two acres.
   Such tract of land may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved site plan and related conditions including the phasing of development, shall be binding on all owners.
(Ord. 2007-222. Passed 1-10-08.)

1151.07 DEVELOPMENT STANDARDS.

   All proposed developments as permitted in these districts shall comply with the following development standards.
   (a)   DRO-1 Permitted Density. Each business development in the DRO-1 shall comply with the following density regulations:
      (1)   Not more than 15 percent of any lot area shall be occupied by buildings.
      (2)   The maximum ratio of floor area to lot area shall be 20 percent.
      (3)   The maximum base ground floor area of a building shall be 3,000 sq. ft. for sites of 30,000 to 45,000 sq. ft. in an area and 3,500 sq. ft. for sites with areas larger than 45,000 sq. ft.
      (4)   Maximum floor area for business purposes. To help achieve the expressed purposes of the Darrow Road Overlay District-1, especially the preservation of the residential characteristics of the area, businesses and offices proposed for sites composed of 30,000 to 45,000 sq. ft. and permitted under this section shall occupy no more than a total of 4,000 sq. ft., and no more than a total of 5,000 sq. ft. for a site composed of more than 45,000 sq. ft.
      (5)   As an incentive to promote and encourage the continued use of historically or architecturally significant structures or to achieve proposed additions or remodeling which will be consistent with the City's Historic Preservation Design Guidelines, the opportunity to construct additional floor area is provided for in the DRO-1. With Planning Commission's specific recommendation and Council's specific approval, up to 1,500 sq. ft. of business floor area may be added to the maximums permitted herein if the total ground floor area does not exceed the maximum permitted percentages of land area covered; said additional floor area shall be considered only when the proposed construction is designed in a manner that is consistent with the Historic Preservation Design Guidelines. An applicant proposing to use this incentive clause is responsible for preparing a brief report for the Planning Commission which shows how the new construction is consistent with the City's Historic Preservation Design Guidelines. This report may be in outline format and should incorporate the building site plan and elevations. This report must be submitted to the Planning Department at the time that site development plans are presented for the Planning Commission's consideration.
   (b)   DRO-2 Permitted Density. Each office development in the DRO-2 shall comply with the following density regulations:
      (1)   Not more than 15 percent of any lot area shall be occupied by buildings.
      (2)   The maximum ratio of floor area to lot area shall be 20 percent.
      (3)   The maximum ground floor area of any one building shall be 6,500 square feet.
   (c)   Yard Regulations. Each proposed development shall provide and maintain the following yards adjacent to the project's boundary, except as otherwise set forth.
      (1)   Front Yard. Each building shall maintain a minimum front yard depth of 40 feet, and whenever the building wall facing the street exceeds 40 feet in length, a front yard depth shall be required at a ratio of one foot of depth for every foot of wall length facing the street. If a building wall includes one or more ninety degree offsets of at least 15 feet, then the length of each wall segment may be considered separately in determining the appropriate setback. Proposed developments in the DRO-1 shall also comply with the following:
         A.   A development proposal which utilizes a historically or architecturally significant structure and is designed to be consistent with the historic preservation design guidelines is exempt from the requirement to offset the building face after 40 feet.
         B.   In no case shall the ratio of the front building wall to lot width at the building line exceed 50%.
      (2)   Rear Yard. Each building shall maintain a minimum rear yard depth of 40 feet.
      (3)   Side Yard.  
         A.   In the DRO-1, each building shall maintain a minimum side yard width of 20 feet for sites of 45,000 sq. ft. or less, and 30 feet for sites larger than 45,000 sq. ft.
         B.   In the DRO-2, each building shall maintain a minimum side yard width of 25 feet except that when such side yard is adjacent to a lot with an existing single-family home within 75 feet of the side lot line, the minimum side yard width shall be 40 feet.
   (d)   Building Height. The maximum height of any proposed building shall be 35 feet.
   (e)   Landscaping and Screening Requirements. All proposed developments shall provide and maintain the following landscaping and screening standards.
      (1)   Front Yard Landscaped Strip. A strip 40 feet wide immediately adjacent to any street right-of-way and running the width of the lot (except for vehicular entrances and exits) shall be planted, landscaped and maintained in a neat and orderly fashion. No other uses, including parking, shall be permitted in this strip.
      (2)   Side and Rear Yard Screening. A strip of land at least the width of the required minimum side yard and running the length of every side and rear yard shall be landscaped and planted for screening purposes and shall be devoid of all other uses, including parking. With the specific approval of Planning Commission and Council, driveways and parking facilities may be located in the side yard, especially if consolidated facilities between adjacent parcels are proposed or other significant site characteristics warrant or necessitate such facility locations. The total side and rear yard width shall be maintained in a neat and orderly fashion, including areas approved for landbanked parking spaces.
      (3)   Screening and Landscaping of Parking Lots. Perimeter and interior landscaping of parking lots shall be provided in conformance with the regulations set forth in Section 1181.10(i) subsections (1) and (2).
      (4)   Total Site Landscaping. Each proposed development shall maintain a minimum of 40% of the total site in open landscaped area. For the purposes of this section, an open landscaped area shall include any open space which is not covered by an impermeable surface, and is covered by grass, trees, shrubs, flowers or an ornamental rock garden.
   (f)   Location of Access Drives. Each proposed development shall provide adequate ingress and egress to all parking areas. Access drives shall be provided and spaced according to the following standards:
      (1)   Each zoning lot shall be permitted one two-way access drive. Whenever feasible, the Planning Commission may require that access drives of adjacent properties be consolidated.
      (2)   Corner lots shall provide access from the side street only, at a point no less than 100 feet from the intersection at Darrow Road.
      (3)   In the DRO-2, when it is in the interests of good traffic operation, the Planning Commission may permit one additional access drive along a continuous site which has frontage in excess of 300 feet.
   (g)   Required Parking. Off-street parking spaces and loading shall be provided in accordance with the requirements and design standards set forth in Chapter 1181.
   (h)   Lighting Standards. All exterior lighting used to illuminate all off-street parking areas, open space, signs or building exteriors shall be so arranged as to shield adjoining properties or streets from direct rays of light. Further, indirect rays of light shall be shielded so as not to exceed an intensity of illumination greater than the following:
      (1)   A decorative light fixture with no protective shield shall be no higher than 10 feet and shall have a maximum illumination, measured at the lot line at ground level, of .20 candlepower.
      (2)   A light with a protective shield, which ensures that the light will not shine directly above a line parallel to the ground extended from the point of the light source nearest the ground, shall be no higher than 20 feet with a maximum illumination, measured at the lot line ground level, of .30 candlepower.
   (i)   Sign Regulations. Any sign(s) proposed as part of a development in a DRO District shall comply with the sign regulations set forth in Chapter 1183, except when specifically varied by the following standards, and shall be approved by the Planning Commission and Council as part of the site plan.
      (1)   A business development in DRO-1 may erect the following signs:
         A.   Unified Directory Sign. One exterior wall mounted unified directory sign per building in an office complex may be erected to identify each business or tenant located in the office building(s), said sign shall comply with the following requirements.
            1.   Shall be located at the building entrance and shall be placed flat against the building wall and shall not extend above or beyond said wall or project more than 12 inches outward from the wall;
            2.   Shall be designed, colored, and locationally coordinated with the signs of the other tenants, and with any proposed or existing monument signs;
            3.   Shall have a sign face area not be exceed 6 square feet;
            4.   Shall not be internally illuminated.
         B.   Freestanding Identification Signs. One freestanding monument sign identifying the name of the development and/or individual businesses (at the owner's discretion) may be permitted along the Darrow Road right-of-way. Said identification sign shall comply with the following requirements:
            1.   Shall be located no closer than 10 feet to any street right-of- way and no closer than 20 feet to any other property line, except at street intersection locations, where signs may be no closer than 25 feet to any street right-of-way;
            2.   Shall not exceed 6 feet in height above the average grade in the area of said sign;
            3.   Shall have a sign face area not exceeding 16 square feet;
            4.   May be externally illuminated;
            5.   Shall have no secondary or other signage added to the sign face or sign structure, except as recommended by Planning Commission and authorized by Council;
            6.   Shall be located and landscaped as an integral part of the required front yard landscaping and should be part of the primary entrance features for the proposed building(s).
      (2)   An office development in DRO-2 may erect signs as permitted for commercial establishments set forth in Chapter 1183, except that business identification signs shall comply with the following regulations:
         A.   Business Identification Signs. One individual wall mounted identification sign for each business, tenant or occupant that has its own ground level entrance. Said sign(s) shall have a sign face not exceeding 10 square feet and shall be designed, colored, and locationally coordinated with the signs of the other tenants.
         B.   Freestanding Identification Signs. One free-standing monument sign identifying the name of the development and/or individual businesses (at the owner's discretion) may be permitted along the Darrow Road right-of-way. Said identification sign shall comply with the following requirements:
            1.   Shall be located no closer than 10 feet to any street right-of- way, no closer than 25 feet to any intersection, and no closer than 30 feet to any other property line;
            2.   Shall not exceed 6 feet in height above the average grade in the area of said sign;
            3.   Shall have a sign face area not exceeding 32 square feet;
            4.   Shall not be internally illuminated;
            5.   Shall be located and landscaped as an integral part of the required front yard landscaping and should be part of the primary entrance features for the office complex.
   (j)   Additional Standards. Site specific development requirements formulated to achieve the objectives of the DRO District shall be established at the time the site plan and conditional use request are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the proposed development.
(Ord. 2007-222. Passed 1-10-08.)

1151.08 SUPPLEMENTAL REQUIREMENTS.

   Each proposed development shall comply with the following supplemental requirements:
   (a)   All activities, except off-street parking and loading, and refuse storage and pick-up facilities shall be conducted within a completely enclosed building.
   (b)   Building sites, parking and service areas, driveway locations, drainage facilities, and other improvements shall be developed with consideration given to minimizing the removal of trees, changes of topography and other factors which will affect the existing character of the Darrow Road corridor.
   (c)   Maximum visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.
   (d)   Screening of parking areas and service areas from surrounding properties and streets shall be provided through landscaping or ornamental walls or fences to promote harmony with adjacent development and lands. Materials used in any ornamental wall or fence shall be compatible with the character of the proposed development and adjoining properties.
   (e)   On-site traffic circulation shall be designed to make possible adequate fire and police protection, promote interconnection among parcels when determined necessary by the Planning Commission, and minimize interference with the traffic carrying capacity of adjacent streets.
   (f)   Refuse storage and pickup facilities shall be indicated on the site plan and shall be fenced, screened, or landscaped to prevent the blowing or scattering of refuse and to provide an adequate visual barrier from locations both on and off site.
   (g)   For all new buildings and major modifications of existing buildings, the on-site utilities shall be located underground.
   (h)   Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, stream and public streets, and to minimize the possibility of erosion. To as great a degree as possible increased storm water to be generated by the proposed development shall be detained on site. Such grading plans shall be reviewed and approved by the City Engineer. The costs of any unusual means necessary to alleviate surface drainage problems on adjacent property due to the development in question shall be borne by the developer of the property causing the problem.
   (i)   Existing residential structures may be reoccupied for uses permitted by these regulations provided each such structure is incorporated into a proposed development pursuant to the provisions of this District and subject to the regulations set forth in Section 1163.04(m) governing the conversion of any residential structure.
   (j)   All remodeling and new construction of buildings and other structures shall be designed, constructed, and maintained so as to promote and provide acceptability, attractiveness, cohesiveness and compatibility of new buildings with existing development. Remodeling and additions especially shall be designed, constructed and maintained in order to maintain and improve the established standards of property values and qualities within the community and neighborhood and, in DRO-1, to maintain and improve the established architectural and historic qualities of the neighboring properties. The following criteria shall be applied in the design, review and approval of all proposals for remodeling and construction of buildings and structures:
      (1)   Buildings, structures and uses, whether part of a present or future group, complex or development shall have a unity of character and design with the forms and the use, texture and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established and developed section of the City, the design, scale and location on the site shall enhance rather than detract from the character, value and attractiveness of the surroundings.
      (2)   To maintain the residential scale, building roofs shall have a minimum pitch of 6 feet vertical to 12 feet horizontal in the DRO-1 and a minimum pitch of 3 feet vertical to 12 feet horizontal in the DRO-2. All buildings shall be articulated into small and varied masses by having offsets in roof lines and exterior walls.
      (3)   All building elevations and facades shall be designed to create a harmonious whole, while providing individual identity. Materials shall express their function clearly and not appear as a material foreign to the rest of the building.
      (4)   Buildings are not required to look alike in order to be harmonious. Harmony can be achieved through the proper consideration of scale, proportions, site planning, landscaping materials and color.
      (5)   All remodeling and new construction shall comply with Chapter 1182, Design Review and Lighting Standards for Commercial and Office Districts.
   (k)   If the development is to be implemented in phases, each phase must have adequate provision for access, parking, storm water management and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property. A performance bond on all improvements and amenities shall be furnished to the City prior to initiating construction on the first phase of the development.
      (Ord. 2007-222. Passed 1-10-08.)

1151.09 PROCEDURES.

   A proposal for development on a tract of land that has been rezoned to either the Darrow Road Overlay District-1 or the Darrow Road Overlay District-2 shall comply with the administrative provisions set forth in Section 1137.04 for Conditional Uses and additionally with the following procedures:
   (a)   Site Plan Review, Approval and Conformance. A site plan for each development proposed under the DRO District regulations shall be required in order to evaluate a project's compatibility with the surrounding land uses, its compliance with these overlay district regulations and its conformance with the Comprehensive Plan.
      (1)   All uses permitted by these regulations and proposed to be developed, expanded, modified or otherwise established in a Darrow Road Overlay District shall be permitted and conditional zoning certificates issued only after site plans, as specified in Section 1137.03, have been approved by the Planning Commission and Council.
      (2)   Architectural, engineering, or construction information sufficient to give a clear understanding of the proposal and including front-, side- and rear- view renderings, shall be included with the submission of the site plans. A description of the proposed development or operation shall be provided in sufficient detail to indicate possible impacts on adjacent properties and the surrounding area.
      (3)   The site plan shall show the total plan for development and indicate the phases of development.
   (b)   Significance Of An Approved Plan. An approved site plan shall become a binding commitment for the development of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. If there is any such transfer or change in ownership, the new ownership entity shall submit to Council and Council shall find that the new ownership entity will satisfy the administrative, financial, legal and all other performance guarantees approved with the original site plan.
   (c)   Changes to An Approved Plan. All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from the approved plans shall be cause for revocation of the conditional zoning certificate. Any changes in approved plans shall be resubmitted for approval in accordance with these DRO District regulations.
   (d)   Creation of Overlay District. Any request to designate or expand a Darrow Road Overlay District shall comply with the procedures for a zoning amendment set forth in Section 1137.08.
      (Ord. 2007-222. Passed 1-10-08.)

1153.01 PURPOSE.

   It is the intent of these regulations to recognize, encourage and accommodate in a unified project creative and imaginative planned residential developments that utilize innovations in the technology of land development that are in the best interests of the City of Stow and which are consistent with the residential objectives in the Comprehensive Plan to preserve sensitive natural features that contribute to the character of Stow. In order to accomplish this purpose, it is the intention in establishing these regulations to conditionally permit residential developments that provide for a variety of dwelling types, including single family detached, clustered, and attached; two-family; and townhouse dwellings in various locations of the City where, because of the natural features of a property, a departure from traditional development standards contained in the O, R-1, R-2 & R-3 Residential districts is warranted. The Planned Residential Development (PRD) regulations are designed to achieve the following objectives:
   (a)   To allow flexible residential development on larger sites, especially sites that are impacted by the existence of such natural features as swamps, wetlands, natural ponds, marshes, steep slopes, rock outcroppings, floodplain and large wooded areas.
   (b)   To permit the flexible spacing of lots and buildings in the O, R-1, R-2, and R-3 Districts in order to encourage the separation of pedestrian and vehicular circulation; the conservation of the natural amenities of the landscape; the provision of readily accessible recreation area and green spaces; and the creation of functional and interesting residential areas.
   (c)   To promote a more efficient and economical arrangement, distribution and use of such facilities as public and private streets, sanitary sewers and central water supply.
   (d)   To ensure that the general building appearance of new development occurs in a manner and at a scale consistent with and otherwise maintains the basic character of the underlying single-family residential districts.
   (e)   To permit suitable associated recreational, service and accessory uses and facilities consistent with the demand created by the planned residential development and compatible with the existing and proposed use of lands adjacent to the planned residential development.
   (f)   To ensure that PRDs comply with these objectives by requiring a site plan and establishing a review process to ensure that all development is consistent with the plans that have been reviewed and approved by the Planning Commission and Council.
      (Ord. 2007-222. Passed 1-10-08.)

1153.02 APPLICABILITY.

   The PRD regulations set forth in this chapter shall apply to any planned residential development proposed within O, R-1, R-2 & R-3 Residential Districts. In a PRD, the use and dimensional specifications found elsewhere in the Zoning Code are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
(Ord. 2007-222. Passed 1-10-08.)

1153.03 APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENTS.

   A PRD shall only be approved by the Planning Commission and Council according to the procedures for conditional uses set forth in Section 1137.04. In addition to the general review criteria for conditional uses set forth in Section 1161.02, the Planning Commission and Council shall review a proposed PRD giving particular consideration to ensure that:
   (a)   Buildings and uses within the proposed development shall be located so as to reduce any adverse influences and to protect the residential character of areas adjacent to the development;
   (b)   Significant buffer zones with adequate landscaping shall be provided between the proposed development and adjacent residential areas;
   (c)   The bulk and height of buildings within the proposed development are compatible with the surrounding development;
   (d)   Roadway systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the development shall be so designed as to have access to public streets which minimize traffic hazards, or congestion;
   (e)   The layout of parking areas, service areas, entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the residential character of areas adjacent to the development.
      (Ord. 2007-222. Passed 1-10-08.)

1153.04 PERMITTED USES AND DWELLING TYPES.

   (a)   As part of a conditionally permitted planned residential development, the following uses and dwelling types shall be permitted:
      (1)   Detached single-family dwellings;
      (2)   Cluster single-family dwellings;
      (3)   Single-family zero lot line, detached dwellings;
      (4)   Two-family dwellings;
      (5)   Single-family attached dwellings, where no more than four dwelling units are contained in any one grouping of contiguous structures;
      (6)   Townhouse dwellings where no more than four dwelling units are contained in any one building.
      (7)   Accessory recreational and community facilities for use by the residents of the PRD.
      (8)   Accessory uses as enumerated in Section 1143.02(c) shall be permitted as part of the planned residential development conditional zoning certificate.
         (Ord. 2007-222. Passed 1-10-08.)

1153.05 MINIMUM LAND AREA AND OWNERSHIP.

   The gross area of a tract of land proposed to be developed as a PRD shall be a minimum of 10 acres.
   (a)   Such tract of land may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved site plan and related conditions including the phasing of development, shall be binding on all owners.
   (b)   All land within the PRD shall be contiguous in that it shall not be divided into segments by any existing or proposed limited access highways, railroad lines, and/or rights-of-way, arterial streets and other streets except local streets, or by any tract of land (other than roads, or rights-of-way for pipelines or electric transmission lines) not owned by the developer of the PRD. The determination of local streets for the purposes of this provision shall be based upon the specifications of Section 1121.02 of the Stow Subdivision Regulations.
      (Ord. 2007-222. Passed 1-10-08.)

1153.06 DEVELOPMENT STANDARDS.

   The development standards for a PRD shall be determined based upon the characteristics of the land and the development goals for the property.
   (a)   Subdivision of Tract. The entire tract of land proposed for a PRD shall be considered one zoning lot. Any subdivision of land within the zoning lot, following approval of a development plan and, at the election of the applicant, shall not need to comply with lot area, lot width, or yard requirements established for the district in which the PRD is located.
   (b)   Density. The gross density of a PRD shall be based on the underlying district and shall not exceed the following:
 
(1)   In an O District:    0.2 dwelling units per acre;
(2)   In an R-1 District:   2.0 dwelling units per acre;
(3)   In an R-2 District:    2.5 dwelling units per acre;
(4)   In an R-3 District:    3.3 dwelling units per acre;
The total number of dwelling units permitted shall be calculated by multiplying the total land area, exclusive of public streets existing at the time the development plan is submitted, by the maximum density permitted per acre.
   (c)   Yard and Building Separation Requirements. The front, side and rear yard requirements may be varied to accommodate a variety of structural patterns, clustering designs, and housing types provided the following setback and building spacing requirements are complied with:
      (1)   The minimum setback from any PRD boundary shall be:
         A.   40 feet for detached dwelling units; and
         B.   50 feet for attached dwelling units.
      (2)   The minimum setback from external streets for any attached or detached dwelling units shall be 60 feet and there shall be no individual curb cuts on external streets.
      (3)   The minimum setback from the pavement of internal public streets for any attached or detached dwelling unit shall be 30 feet.
      (4)   All dwelling units and accessory buildings shall be set back from private streets, parking lots and other primary vehicular accessways a distance not less than 20 feet except that a building setback offset of at least 10 feet is required for every 10 dwellings on the same side of the street. This offset is not necessary if accomplished through other means including, but not limited to, curving the street, providing significant architectural variations between dwelling units or incorporating open spaces at a similar interval as the required offset.
      (5)   For attached dwelling units, in order to ensure reasonable privacy and separation, individual buildings including terraces, decks, and patios shall be separated by at least 20 feet, except that when the windows of living areas and patios, decks and terraces face each other, they shall be separated by at least 85 feet. This distance may be reduced to 60 feet when a vision obscuring wall, fence or landscaping is provided between the mutually visible spaces. Within attached dwelling units, each dwelling shall be offset at least 10 feet from the adjacent dwelling unit.
      (6)   For detached single family dwelling units, in order to ensure reasonable privacy, the following are the minimum separation distances between individual buildings including terraces, decks, and patios:
         A.   Side – 20 feet, except that it may be reduced to 10 feet when garage walls are facing garage walls or secondary living areas provided that there are no door or window openings unless approved by the Fire Department;
         B.   Rear - 60 feet, except that this distance may be reduced to 50 feet for decks or patios if a vision obscuring decorative wall or landscaping is provided.
   (d)   Open Space Requirements. A minimum of 35% percent of the total area in a proposed PRD shall be devoted to public and/or private open space, preservation areas, recreational areas, or recreational facilities.
      (1)   Land area devoted to parking areas, land fragments between two or more buildings and between buildings and parking areas, and required yards between property lines and buildings and between property lines and parking areas shall not be included as open space.
      (2)   The required amount of open space reserved under a PRD shall either be: held in corporate ownership by owners of the project area, for the use of each owner who buys property within the development; dedicated to a homeowners' association who shall have title to the land which shall be retained as common open space for parks, recreation and related uses; or offered for dedication to the City for perpetual preservation as a natural area or public recreational use.
      (3)   The legal articles relating the organization of the homeowners association are subject to review and approval by the Planning Commission and Council and shall provide adequate provisions for the perpetual care and maintenance of all common areas.
      (4)   Public utility and similar easements and rights-of-way are not acceptable for common open space dedication unless such land or right-of-way is useable as a trail or similar purpose and has been approved by the Planning Commission.
      (5)   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
      (6)   Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
   (e)   Requirements for Public Sites. Regardless of the facilities, sites or open space area to be privately or commercially owned and operated, the developer shall provide land for public sites, public parks and/or playgrounds, or public open space as set forth in Section 1185.03.
   (f)   Required Parking. Parking spaces shall be provided in accordance with the requirements and design standards set forth in Chapter 1181, except that there shall be an average of 2.5 parking spaces per unit for the total development.
   (g)   Signs. Signs shall be erected in compliance with the regulations specified in Chapter 1183.
   (h)   Additional Standards. Site specific development requirements formulated to achieve the objectives of the PRD shall be established at the time the site plan and conditional use request are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the proposed planned residential development.
      (Ord. 2007-222. Passed 1-10-08.)

1153.07 SUPPLEMENTAL REQUIREMENTS.

   A Planned Residential Development shall comply with the following supplemental requirements.
   (a)   Landscaping. All development, street right-of-ways and corridors, and common open space shall be landscaped according to an overall plan and shall be implemented by phases as units are completed and weather permits. Plantings, walls, fencing, and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile site distances. Natural wooded areas shall be preserved and maintained for landscaping and screening to the greatest extent possible.
   (b)   Topography - Natural Features. The PRD shall be designed to take advantage of the topography of the land in order to utilize the natural contours, and to minimize destruction or alteration of water courses, natural vegetation, trees, and topsoil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create variations in the arrangements of buildings, open spaces and site features. A program for preserving and quickly recreating an attractive landscape environment shall be part of any development.
   (c)   Grading. Grading and site preparation for areas other than building sites, streets, sidewalks and utilities shall be limited to disturbing the minimum amount of vegetation and other topographic features.
   (d)   Development Layout. Dwelling units shall be grouped or clustered so as to break up the development arrangement, maximize privacy, collect and maximize the common open space and promote the individual character and coordinated layout of each lot, cluster and grouping. Streets and cul-de-sacs shall be laid out so as to utilize natural contours and discourage through and high speed traffic.
   (e)   Solid Waste Storage and Disposal. All rubbish and garbage shall be stored in wholly screened or fenced storage areas acceptable to and regulated by the City.
   (f)   Circulation.
      (1)   The vehicular circulation system and parking facilities should be designed to fully accommodate the automobile, service equipment, and emergency safety vehicles with safety and efficiency, but without permitting said facilities to dominate and destroy the form of the area. Driveways for group developments should intersect with local streets at locations where the traffic can be controlled and operated effectively with the minimum interference to the capacity and flow on the existing streets.
      (2)   The pedestrian circulation shall be designed through an inter-connecting walkway system to promote easy and direct barrier free access to all areas of the development. The walkways do not necessarily have to be at the front of the units and next to the streets. Walkways through common open space should be encouraged.
      (3)   Wherever possible, the major vehicular and pedestrian circulation patterns shall be completely separate and independent from one another.
      (4)   Street and sidewalk alignments, and the alignments for utilities should be parallel to contours, in valleys or on ridges where possible, in common open areas, and, as permitted by the Planning Commission and Council, in areas served by private drives or cul-de-sac streets.
      (5)   There shall be no direct access from individual residences to a major thoroughfare and direct access from residences to collector thoroughfares shall be minimized.
      (6)   Connection to the City’s sidewalk network and any hike and bike trails, if applicable, shall be provided unless it is not feasible as determined by the City.
   (g)   Phased Development. If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property. A performance bond on all improvements and amenities shall be furnished to the City prior to initiating construction on the first phase of the development.
   (h)   Compliance with Other Ordinances. In addition to complying with the requirements of this chapter, an applicant applying for a Conditional Use Certificate for a Planned Residential Development shall comply with the appropriate provisions of the City's Subdivision Regulations and other Sections of the Zoning Code not in conflict with the specifications contained in these regulations.
(Ord. 2007-222. Passed 1-10-08.)

1153.08 PROCEDURES.

   A proposal for a PRD shall comply with the administrative provisions set forth in Section 1137.04 for Conditional Uses and additionally with the following procedures:
   (a)   Site Plan Review, Approval and Conformance. A site plan for each development proposed under the PRD regulations shall be required in order to evaluate a project's compatibility with the surrounding land uses, its compliance with these regulations and its conformance with the Comprehensive Plan.
      (1)   All residential uses proposed to be developed, expanded, modified or otherwise established as part of a PRD shall be permitted and zoning certificates issued only after site plans, as specified in Section 1137.03, have been approved by the Planning Commission and Council.
      (2)   Architectural, engineering, or construction information sufficient to give a clear understanding of the proposal and including front-, side- and rear- view renderings, shall be included with the submission of the site plans. A description of the proposed development or operation shall be provided in sufficient detail to indicate possible impacts on adjacent properties and the surrounding area.
      (3)   The site plan shall show the total plan for development and indicate the phases of development.
   (b)   Significance Of An Approved Plan. An approved site plan shall become a binding commitment for the development of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. If there is any such transfer or change in ownership, the new ownership entity shall submit to Council and Council shall find that the new ownership entity will satisfy the administrative, financial, legal and all other performance guarantees approved with the original site plan.
   (c)   Changes to An Approved Plan. All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from the approved plans shall be cause for revocation of the conditional zoning certificate. Any changes in approved plans shall be resubmitted for approval in accordance with the PRD regulations.
      (Ord. 2007-222. Passed 1-10-08.)

1153.09 BOND OR ESCROW AGREEMENT.

   As a prerequisite to the issuance of a conditional zoning certificate for a PRD, the applicant shall file with Council prior to the approval of any building or construction plans a surety bond or escrow agreement to insure the construction of the project within the period specified on the conditional zoning certificate or as extended or changed by the Planning Commission. The bond or escrow shall be enforceable by or payable to the City in a sum at least equal to the estimated costs of all of the site improvements (streets, drives, walks, walls, storm and sanitary sewers, open space improvements, recreation facilities, landscape planting, ornamental features not on a building, and terraces, but not buildings) for the entire project. The bond or escrow shall be in a form and with surety and conditions approved by the law director. In the event of default under such bond or escrow, the City may use the sum defaulted to construct such site improvements to the extent of the funds available.
(Ord. 2007-222. Passed 1-10-08.)
 

1155.01 PURPOSE.

   The purpose of these regulations is to protect and preserve the water quality within streams and wetlands within the Mud Brook Watershed Stream & Wetland Setback Overlay District hereafter referred to as the “District” in the City of Stow and to protect the health, safety and public welfare of the residents of the City of Stow. This area was identified as the Interchange Service Area in the Mud Brook Watershed Management Plan as adopted by Council on April 24, 2003.
(Ord. 2007-222. Passed 1-10-08.)

1155.02 APPLICATION.

   These regulations shall apply to all proposed uses within the District excluding any developed residential property and any residential property located in an already approved subdivision as of October 12, 2003. The properties subject to these regulations are more clearly depicted on Stow’s Zoning Map and labeled Mud Brook Watershed Stream & Wetland Setback Overlay District. No zoning or building permit shall be issued for a property within the District unless the applicant is in full compliance with the regulations contained in this chapter.
(Ord. 2007-222. Passed 1-10-08.)

1155.03 ABROGATION AND GREATER RESTRICTIONS.

   This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 2007-222. Passed 1-10-08.)

1155.04 DEFINITIONS.

   For the purposes of this chapter, the following words or phrases shall have the following meanings ascribed to them:
   (a)   BEST MANAGEMENT PRACTICES (BMPs): Conservation practices or protection measures which reduce impacts from a particular land use. Best Management Practices for construction are outlined in “Rainwater and Land Development, Ohio’s Standard for Stormwater Management, Land Development, and Urban Stream Protection” prepared by the Ohio Department of Natural Resources.
   (b)   DAMAGED OR DISEASED TREES: Trees that have split trunk, broken tops, heart rot, insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, lean as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a stream or onto a structure.
   (c)   DEFINED DRAINAGE CHANNEL: A natural or man-made depression in the terrain which is was constructed and is maintained and altered by the water and sediment it carries for the purpose of conveying stormwater runoff.
   (d)   FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with overall responsibility for administering the National Flood Insurance Program.
   (e)   FINAL PLAT: A final tracing of all or a phase of a subdivision and its complete survey information.
   (f)   IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks and other areas not covered by vegetation.
   (g)   NATURAL SUCCESSION: A gradual and continuous replacement of one kind of plant and animal group by a more complex group. The plants and animals present in the initial group modify the environment through their life activities thereby making it unfavorable for themselves. They are gradually replaced by a different group of plants and animals better adapted to the new environment.
   (h)   OHIO RAPID ASSESSMENT METHOD: A multi-parameter qualitative index established by the Ohio Environmental Protection Agency to evaluate wetland quality and function.
   (i)   100-YEAR FLOODPLAIN: Any land susceptible to being inundated by water from a base flood, which is the flood that has a one percent or greater chance of being equaled or exceeded in any given year. For the purposes of these regulations, the 100-year floodplain shall be defined by FEMA and approved by the City of Stow Department of Engineering.
   (j)   ORDINARY HIGH WATER MARK: The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic. The ordinary high water mark defines the channel of a stream.
   (k)   POLLUTION: Any contamination or alteration of the physical, chemical, or biological properties of any waters that will render the waters harmful or detrimental to: public health, safety or welfare; domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; livestock, wildlife, including birds, fish or other aquatic life.
      (1)   “Point Source” pollution is traceable to a discrete point or pipe.
      (2)   “Non-Point Source” pollution is generated by various land use activities rather than from an identifiable or discrete source, and is conveyed to waterways through natural processes, such as rainfall, storm runoff, or ground water seepage rather than direct discharge.
   (l)   PRELIMINARY PLAN: A drawing of a major subdivision for the purpose of study and which, if approved, permits proceeding with the preparation of the final plat.
   (m)   RIPARIAN AREA: A transitional area between flowing water and terrestrial ecosystems, which provides a continuous exchange of nutrients and woody debris between land and water. This area is at least periodically influenced by flooding. Riparian areas, if appropriately sized and managed, help to stabilize banks, limit erosion, reduce flood size flows and/ or filter and settle out runoff pollutants, or perform other functions consistent with the purposes of these regulations.
   (n)   STREAM SETBACK: The area set back from each bank of a stream to protect the riparian area and stream from impacts of development, and streamside residents from impacts of flooding and land loss through erosion. Stream Setbacks are those lands within the City of Stow that fall within the area defined by the criteria set forth in these regulations.
   (o)   SOIL AND WATER CONSERVATION DISTRICT (SWCD): An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employees, hereinafter referred to as the City of Stow.
   (p)   SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling or other alteration of the earth’s surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
   (q)   STREAM: A surface watercourse with a well-defined natural bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water (ORC 6105.01) in such a way that terrestrial vegetation cannot establish roots within the channel. For the purpose of Chapter 1155, a stream does not include a defined drainage channel.
   (r)   STORMWATER POLLUTION PREVENTION PLAN (SWPPP): The plan which describes all the elements of the stormwater strategy implemented during and after construction. The plan addresses erosion control and stormwater quality.
   (s)   STORMWATER QUALITY TREATMENT: The removal of pollutants from urban runoff and improvement of water quality, accomplished largely by deposition and utilizing the benefits of natural processes.
   (t)   VARIANCE: A modification of the enforcement of the Stream Setback Ordinance which will not be contrary to the public interest and where, due to conditions peculiar to this property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in undue hardship to the applicant.
   (u)   WATERCOURSE: A natural or artificial waterway, such as a stream or river, with a defined bed and channel and a definite direction of course that is contained within, flows through, or borders the community.
   (v)   WATERSHED: An area of land that drains into a particular watercourse, usually divided by topography.
   (w)   WETLANDS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
      (Ord. 2007-222. Passed 1-10-08.)

1155.05 STREAM SETBACK STANDARDS.

   Streams addressed by this chapter are those which meet the definition of “stream” in Section 1155.04(q) of these regulations and are indicated on at least two of the following maps:
      (1)   US Geological Survey Maps;
      (2)   US Department of Housing and Urban Development Floodplain Maps; or
      (3)   US Department of Agriculture Soil Survey Maps
   (a)   Widths of Setbacks. The width of the setbacks are measured as horizontal map distance outward from the ordinary high water mark on each side of a stream, and are established as follows:
      (1)   A minimum of 300 feet on each side of all streams draining an area greater than 300 square miles.
      (2)   A minimum of 100 feet on each side of all streams draining an area greater than 20 square miles and up to 300 square miles.
      (3)   A minimum of 75 feet on each side of all streams draining an area greater than 0.5 square mile (320 acres) and up to 20 square miles.
      (4)   A minimum of 50 feet on each side of all streams draining an area greater than 0.05 square mile (32 acres) and up to 0.5 square mile (320 acres).
      (5)   A minimum of 30 feet on each side of all streams draining an area less than 0.05 square mile (32 acres).
   (b)   Exemptions from the Setback. The following are exempt from the terms and protection of this ordinance: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision or development to convey stormwater to another system, tile drainage systems, and stream culverts.
   (c)   Stream Delineation.  
      (1)   The applicant shall be responsible for delineating the Stream Setback, including any expansions or modifications, and identifying this setback on all subdivisions, land development plans, and/or building permit applications. This delineation shall be done at the time of application of the preliminary plans, or all plans that are required, or at the time of submission of any permit applications. This delineation shall be subject to review and approval by the City of Stow. As the result of this review, the City of Stow may require further studies from the applicant.
      (2)   Prior to any soil disturbing activity, the Stream Setback shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout soil- disturbing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.
      (3)   No approvals or permits shall be issued by the City of Stow or prior to delineation of the Stream Setback in conformance with these regulations.
      (4)   Upon completion of an approved subdivision, the Stream Setback shall be permanently recorded on the plat records for the City of Stow.
         (Ord. 2007-222. Passed 1-10-08.)

1155.06 WETLAND SETBACK STANDARDS.

   (a)   Wetland Setbacks by Type.
      (1)   All buildings, accessory structures, and parking areas or lots shall be setback at least fifty (50) feet horizontally from the delineated edge of a Category 2 wetland.
      (2)   All buildings, accessory structures, and parking areas or lots shall be setback at least one hundred (100) feet horizontally from the delineated edge of a Category 3 wetland.
      (3)   In order to accommodate exceptional site conditions, the Planning Commission may permit limited grading, on a case-by-case basis, to within a distance of 50 feet from the delineated edge of any wetlands. All disturbed area shall be restored with native plantings and landscaping. This exception may be allowed as part of the Site Plan Review procedures as set forth in Section 1137.03.
   (b)   Wetland Delineation. Wetlands shall be delineated by a qualified professional under guidelines established by the US Army Corps of Engineers and Ohio Environmental Protection Agency and the delineation approved by the appropriate agencies. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of the regulations.
(Ord. 2007-222. Passed 1-10-08.)

1155.07 USES PERMITTED IN THE STREAM AND WETBACK WETLAND AREAS.

   (a)   The following uses are permitted by right within the Stream and Wetland Setbacks without prior approval.
   Open space uses that are passive in character shall be permitted in the Stream Setback including, but not limited to, those listed in 1 through 4 of this section. No use permitted under these regulations shall be construed as allowing trespass on privately held lands.
   Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the Stream Setback shall be preserved in its natural state.
      (1)   Recreational Activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, and wildlife viewing areas.
      (2)   Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than 6 inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain.
      (3)   Revegetation and/or Reforestation. The revegetation and/or reforestation of the Stream Setback shall be allowed without approval of the City of Stow. Species of shrubs and vines recommended for stabilizing flood prone areas along streams within the City of Stow are available from the City Arborist.
   (b)   The following uses are permitted by right within the Stream Setbacks with prior approval of the agency with jurisdiction.
      (1)   Stream bank Stabilization/Erosion Control Measures. Best Management Practices (BMP’s) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only be undertaken upon approval of a Stormwater Pollution Prevention Plan (SWPPP or SW3P) by the City of Stow.
      (2)   Crossings. In reviewing plans for stream crossings, the applicant may confer with the City of Stow, the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County of Summit Engineer; the Department of Environmental Services of Summit County; the Summit County Health Department; or other technical experts as necessary.
         A.   Limited crossings of designated streams through the Stream Setback by vehicles, storm sewers, sewer and/or water lines, and public utility lines will be per the approval of local, county, and state governing agencies and as a part of the regular subdivision review process.
         B.   Roadway crossings for major and minor subdivisions, open space subdivisions, or any other non-single family residential use shall be designed and constructed per the City of Stow Engineer’s design standards and as approved by the Summit County Planning Commission and approving. If more than two crossings per 1,000 linear feet of stream center is required for these areas, the applicant must apply for a variance.
         C.   All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the Stream Setback and shall mitigate any necessary disturbances.
      (3)   Placement of stormwater retention or detention facilities may be considered within the Stream Setback if:
         A.   Stormwater quality treatment that is consistent with current state standards is incorporated into the basin.
         B.   The stormwater quality treatment basin is located at least 50 feet from the ordinary high water mark of the stream.
            (Ord. 2007-222. Passed 1-10-08.)

1155.08 BOUNDARY INTERPRETATION AND APPEALS PROCEDURE.

   When an applicant disputes the boundary of the Stream Setback or the ordinary high water mark of a stream, the applicant shall submit evidence to the City of Stow that describes the boundary, presents the applicant’s proposed boundary and presents all justification for the proposed boundary change.
(Ord. 2007-222. Passed 1-10-08.)

1155.09 VARIANCES WITHIN STREAM AND WETLAND SETBACK.

   Any variance from the wetland or stream setbacks shall require the recommendation of Planning Commission and approval by City Council as set forth in the C.O.S. Section 1137 Site Plan Review.
   (a)   The extent to which the requested variance impairs the functions of the riparian area. This determination shall be based on sufficient technical and scientific evidence as provided by the applicant.
   (b)   The soil type and natural vegetation of the parcel as well as the percentage of the parcel that is in the 100-year floodplain.
   (c)   The degree of hardship these regulations place on applicant and the availability of alternatives to the proposed activity.
      (Ord. 2007-222. Passed 1-10-08.)

1157.01 PURPOSE.

   It is the intent of these regulations to encourage and accommodate Planned Industrial Developments (PID) in the City of Stow. PID’s are industrial developments that are consistent with the land use and development policies in the Comprehensive Plan and advance the economic development objectives of the City of Stow, but would not be possible using traditional zoning regulations. A PID may be established in any industrial zoning district. The PID Regulations are designed to achieve the following objectives:
   (a)   To permit a mixture of office and light industrial land uses in a master planned environment that would not be possible with a traditional zoning district.
   (b)   To provide an avenue for industrial development that utilizes privately owned and maintained infrastructure.
   (c)   To promote an efficient development pattern that is sensitive to existing topography and physical features.
      (Ord. 2007-222. Passed 1-10-08.)

1157.02 APPLICABILITY.

   The PID regulations set forth in this chapter shall apply to any PID proposed within an I-1 and I-2 Zoning District. All zoning regulations applicable in the underlying zoning district apply to uses within the PID, with the exceptions noted elsewhere in this chapter.
(Ord. 2007-222. Passed 1-10-08.)

1157.03 APPROVAL OF PLANNED INDUSTRIAL DISTRICTS.

   A PID shall only be approved by the Planning Commission and Council according to the procedures for conditional uses set forth in Section 1137.04. In addition to the general review criteria for conditional uses set forth in Section 1161.02, the Planning Commission and Council shall review a proposed PID giving particular consideration to ensure that:
   (a)   PID’s shall be designed to protect and enhance property values in Industrial Zoning Districts.
   (b)   Roadway systems shall be designed to provide for complete access at all times by public safety and service providers.
   (c)   Connections for emergency vehicle access between a PID and adjacent properties shall be incorporated into the master plan when possible.
      (Ord. 2007-222. Passed 1-10-08.)

1157.04 PERMITTED USES.

   Schedule 1147.02 “Permitted Uses in Industrial Districts” lists the uses permitted and conditionally permitted in a PID.
(Ord. 2007-222. Passed 1-10-08.)

1157.05 MINIMUM LAND AREA.

   The gross tract of land to be developed as a PID shall be a minimum of five acres.
   (a)   Such tract of land may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved site plan and related conditions including the phasing of development, shall be binding on all owners.
   (b)   All land within the PID shall be contiguous in that it shall not be divided into segments by any existing or proposed limited access highways, railroad lines, and/or rights-of-way, arterial streets and other streets except local streets, or by any tract of land (other than roads, or rights-of-way for pipelines or electric transmission lines) not owned by the developer of the PID. The determination of local streets for the purposes of this provision shall be based upon the specifications of Section 1121.02 of the Stow Subdivision Regulations.
      (Ord. 2007-222. Passed 1-10-08.)

1157.06 DEVELOPMENT STANDARDS.

   The development standards for a PID are the zoning regulations in effect for the underlying zoning district, with the following exceptions:
   (a)   A PID may utilize private streets, or a combination of public and private streets, to provide access to building lots.
   (b)   When private streets are utilized in a PID, they shall be constructed so as to provide access to all building sites within the PID for public safety and service providers.
   (c)   Connections for public safety vehicles to access adjacent developed, or undeveloped, properties shall be provided when appropriate.
   (d)   The front building and parking setback shall be twenty feet from the edge of pavement where private streets are utilized.
   (e)   The legal articles relating to the organization of the lot owners association are subject to review and approval by the Planning Commission and Council and shall provide adequate provisions for the perpetual care and maintenance of common areas.
   (f)   Additional site specific development requirements pertaining to the PID or individual lots within the PID may be established at the time the PID request is being reviewed by Planning Commission and Council.
   (g)   If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property. A performance bond on all improvements and amenities shall be furnished to the City prior to initiating construction on the first phase of the development.
      (Ord. 2007-222. Passed 1-10-08.)

1157.07 PROCEDURES.

   A proposal for a PID shall comply with the administrative provisions set forth in Section 1137.04 for Conditional Uses and additionally with the following procedures:
   (a)   Site Plan Review, Approval and Conformance.  
      (1)   The PID site plan must show the entire area proposed for development in the PID. Included on the PID site plan shall be roads, drainage ways, lot lines, utility easements, wetlands, streams, gas/oil wells and any other natural or man made feature that may affect the development of land within the PID. The PID site plan shall show the phases of development.
      (2)   A site plan for each development proposed under the PID regulations shall be required in order to evaluate a project's compatibility with the surrounding land uses, its compliance with these regulations and its conformance with the Comprehensive Plan.
   (b)   Site Plan/Conditional Zoning Certificate for Individual Buildings in a PID.
      (1)   An applicant/developer may apply for site plan or conditional zoning certificate approval on a lot within the PID concurrent with the application for the PID, or any time after the approval of the PID.
      (2)   All industrial buildings proposed to be developed, expanded, modified or otherwise established as part of a PID shall be permitted and zoning certificates issued only after site plans, as specified in Section 1137.03, have been approved by the Planning Commission and Council.
      (3)   Architectural, engineering, or construction information sufficient to give a clear understanding of the proposal and including front-, side- and rear- view renderings, shall be included with the submission of the site plans. A description of the proposed development or operation shall be provided in sufficient detail to indicate possible impacts on adjacent properties and the surrounding area.
   (c)   Significance Of An Approved Plan. An approved site plan shall become a binding commitment for the development of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. If there is any such transfer or change in ownership, the new ownership entity shall submit to Council and Council shall find that the new ownership entity will satisfy the administrative, financial, legal and all other performance guarantees approved with the original site plan.
   (d)   Changes to An Approved Plan. All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from the approved plans shall be cause for revocation of the conditional zoning certificate. Any changes in approved plans shall be resubmitted for approval in accordance with the PID regulations.
      (Ord. 2007-222. Passed 1-10-08.)

1158.01 PURPOSE.

   The Seasons Road Overlay District, herein after referred to as the "District" is established to provide areas for limited retail uses near S.R. 8. The goal of developments in this district is to achieve the following objectives:
   (a)   Allow limited retail uses and services that would support the development of high quality office and light industrial adjacent to the Seasons Road/S.R. 8 interchange;
    (b)   To promote economical and efficient use of land through unified development;
      (Ord. 2019-55. Passed 5-9-19.)

1158.02 LOCATION AND APPLICABILITY.

   All standards and regulations of the underlying 1-1 zoning district shall apply within the District for permitted and conditionally permitted uses enumerated in the underlying district except where specifically modified or supplemented by this Chapter 1158. The appropriate overlay zoning designation shall be superimposed over the existing zoning designation(s) on the Zoning Map.
(Ord. 2019-55. Passed 5-9-19.)

1158.03 APPROVAL OF PROPOSED DEVELOPMENTS.

   Any proposed development in this District shall only be approved by the Planning Commission and Council according to the procedures for site plan review of permitted and conditional uses and as set forth in Chapter 1137.03 and, if applicable, the general review criteria for conditional uses set forth in Section 1137.04.
(Ord. 2019-55. Passed 5-9-19.)

1158.04 PERMITTED USES.

   Unless otherwise provided by law or in this Code , buildings , structures, or land shall only be used or occupied following the adoption of this Code for the uses permitted herein.
   (a)   A use listed in Schedule 1158.04 shall be permitted by right in a district when denoted by the letter "P" provided that all requirements of other City ordinances and this Code have been met.
   (b)   A use listed in Schedule 1158.04 may be permitted as a conditional use in a district when denoted by the letter "C ," provided that the requirements of Title Nine have been met, and a conditional use permit has been obtained according to the procedures in Section 1137.04.
   Although a use may be indicated as permitted or conditionally permitted in a particular commercial district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question. (Ord. 2019-55. Passed 5-9-19.)
Schedule 1158.04
Permitted Uses in the Seasons Road Overlay District
1. Auto Rental Offices
P
2. Automated Teller Machines
P
3. Bar, Tavern
C
4. Car Wash
C
5. Drive-Thru Facilities in association with permitted use
P
6. Financial Establishments
P
7. Gasoline Stations
P
8. Hotels/Motels
P
9. Membership/Sport Fitness Club
P
10. Outdoor Storage/Display, accessory to principal use
C
11. Personal Services
P
12. Retail in wholly enclosed buildings
P
13. Restaurant - Table or Counter Service
P
14. Vehicular Service Stations
C
15. Veterinary Clinics
C
(Ord. 2023-065. Passed 5-25-23.)

1158.05 DEVELOPMENT STANDARDS.

   All uses in this District shall be approved according to the purpose and procedures set forth in this Chapter 1158 and shall adhere to the standard requirements of the district in Schedule 1158.05.
Schedule 1158.05
Development Standards for Uses in the Seasons Road Overlay District
Minimum Land Area (Acres)
40,000 sq. ft.
Maximum Building Coverage
23%
Minimum Open Space
25%
Minimum Frontage (feet)   
120 feet
Minimum Distance of Principal Buildings From:
Right-of-way
40 feet
Minimum Distance of Parking Lots From:   
Right-of-way   
20 feet
Property Line (Adjacent to multi-family or non-residential uses)
10 feet
Property Line (Adjacent to residential
uses)
25 feet
Maximum Building Height
50 feet
Maximum area of any floor in a Building
20,000 sq. ft.
(Ord. 2019-55. Passed 5-9-19.)

1158.06 SUPPLEMENTAL REQUIREMENTS.

   All developments shall comply with the following supplemental requirements:
   (a)   Landscaping and Maintenance of Yards.   Required yards and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition. Each lot in a commercial district shall have no less than 25% of the area of the lot landscaped.
    (b)   Screening of Accessory Uses.   Outdoor storage of goods, supplies or equipment used in the operation of the establishment, where permitted, dumpsters and loading areas shall be screened by a solid masonry wall made of the same material, color and detailing of the principal building a minimum of six feet in height placed adjacent to the dumpster, storage or loading area so as to effect screening from any adjacent streets and any adjoining properties.
   (c)   Screening and Landscaping of Parking Lots.   Perimeter and interior landscaping of parking lots shall be provided in accordance with the regulations set forth in Section 1181.10(i).
   (d)   Screening When Lot Abuts a Residential District. When a lot in the District abuts a Residential District, screening and buffering along the entire length of the common boundary shall be provided in accordance with Section 1145.09(d)(1) and the following regulations, and shall be approved as part of the site plan required by Section 1137.03.
      (1)   Screening shall consist of one or a combination of the following:
         A.    A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.
         B.   A nonliving opaque structure such as a solid masonry wall, solidly constructed decorated fence, or louvered fence.
         C.   A landscaped mound or berm.
(e)   Required Parking. Parking spaces shall be provided in accordance with the requirements and design standards set forth in Chapter 1181.
   (f)   Building Design Standards. The development shall comply with the design review standards set forth in Chapter 1182.
   (g)   Signs. Signs shall be erected in compliance with the regulations specified in Chapter 1183.
      (Ord. 2019-55. Passed 5-9-19.)

1159.01 PURPOSE.

   These Stow-Kent Overlay District regulations are designed to achieve the following objectives:
   (a)   Provide the maximum opportunity for orderly, large-scale developments which benefit the community as a whole by offering a greater choice of living environments and commercial activities through both residential and commercial uses;
   (b)   Provide for the redevelopment of existing commercial sites in order to enhance the appearance, increase open space, and create a sustainable development that is compatible with adjacent properties; and
   (c)   Provide greater flexibility in the spacing of buildings, parking areas and other accessory structures in order to encourage the following:
      (1)   Provide for pedestrian and vehicular circulation in an efficient, creative and safe manner;
      (2)   Provision of readily accessible recreation areas and green spaces;
      (3)   Conservation of the natural amenities of the landscape; and
      (4)   Creation of functional and interesting residential, business, and mixed-use areas.
         (Ord. 2012-115. Passed 9-13-12.)

1159.02 APPLICABILITY.

   All standards and regulations of the underlying zoning districts shall apply within the District for permitted and conditionally permitted uses enumerated in the underlying district, except where specifically modified or supplemented by this Chapter.
(Ord. 2012-115. Passed 9-13-12.)

1159.03 APPROVAL OF PROPOSED DEVELOPMENTS.

   Any proposed development permitted by the overlay district regulations shall only be approved by the Planning Commission and Council according to the procedures for conditional uses and site plan review as set forth in Chapter 1137, the general review criteria for conditional uses set forth in Section 1161.02, and the regulations in this Chapter 1159.
(Ord. 2012-115. Passed 9-13-12.)

1159.04 PERMITTED USES IN THE STOW-KENT OVERLAY DISTRICT.

   The uses permitted in this district include those uses permitted in the C-4 District as specified in Schedule 1145.02 and the following:
   (a)    Multi-family dwellings;
   (b)    Apartment building dwellings;
   (c)    Townhouse dwellings; and
   (d)    Accessory recreational and community facilities.
      (Ord. 2012-115. Passed 9-13-12.)

1159.05 MINIMUM LAND AREA AND OWNERSHIP.

   The gross area of a tract of land proposed to be developed under these overlay regulations shall be a minimum of ten (10) acres. Such tract of land may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved site plan and related conditions including the phasing of development, shall be binding on all owners. For the purposes of this chapter, the gross area of a tract of land proposed to be developed under these regulations shall also be referred to as the "development site". (Ord. 2012-115. Passed 9-13-12.)

1159.06 DEVELOPMENT STANDARDS.

   All proposed developments as permitted in this district shall comply with the following development standards.
   (a)   Principal Building Coverage. The total ground floor area of principal buildings in a development shall cover no more than 20% of the development site.
   (b)    Density. A maximum of 15 dwelling units per acre may be permitted in this district. The total number of units permitted shall be calculated by multiplying the total contiguous land area within the development site owned by the applicant(s), exclusive of public streets existing at the time the site plan is submitted, by the density permitted per acre.
   (c)   Required Setbacks.
      (1)    All principal buildings shall be set back from:
         A.   A public right-of-way a distance not less than 80 feet.
         B.   Private streets, parking lots, and other primary vehicular access ways a distance not less than 20 feet, except that detached garages may be adjacent to parking lots.
         C.   Adjacent property 40 feet, except that when adjacent to commercial development it may be decreased to 20 feet.
      (2)   All parking lots shall be setback from:
         A.   A public right-of-way a distance of not less than 20 feet.
         B.   Adjacent property a distance of not less than 10 feet, except that the elimination of rear and side setbacks may be conditionally permitted when property owners enter into a joint agreement and the on-site circulation and parking is properly designed.
   (d)   Building Height. The maximum height of any proposed building shall be determined at the time of site plan approval. When abutting a residential development or residential zoning district, any building over 35 feet shall be setback from the property line a distance at least the height of the building.
   (e)   Open Space, Landscaping and Screening Requirements. All proposed developments shall provide and maintain the following landscaping and screening standards.
      (1)   Screening and Landscaping of Parking Lots. Perimeter and interior landscaping of parking lots shall be provided in conformance with the regulations set forth in Section 1181.10(i) subsections (1) and (2).
      (2)   Total Site Landscaping. A minimum of 25% of the total development site shall be maintained in open landscaped area. However, Planning Commission and City Council may consider approving a development with less than that amount considering site conditions including existing open landscaped areas and existing impervious areas. For the purposes of this section, an open landscaped area shall include any open space which is not covered by an impermeable surface, and is covered by grass, trees, shrubs, flowers or an ornamental rock garden.
         (Ord. 2012-115. Passed 9-13-12.)

1159.07 SUPPLEMENTAL REQUIREMENTS.

   Each proposed development shall comply with the following supplemental requirements:
   (a)   Provide for adequate and appropriate buffer from proposed residential and proposed and/or existing commercial uses.
   (b)   Provide for pedestrian connectivity within the development and through the development.
   (c)    Screening of parking areas and service areas from surrounding properties and streets shall be provided through landscaping or ornamental walls or fences to promote harmony with adjacent development and lands. Materials used in any ornamental wall or fence shall be compatible with the character of the proposed development and adjoining properties.
   (d)   On-site traffic circulation shall be designed to make possible adequate fire and police protection, promote interconnection among parcels when determined necessary by the Planning Commission, and minimize interference with the traffic carrying capacity of adjacent streets.
   (e)   Refuse storage and pickup facilities shall be indicated on the site plan and shall be fenced, screened, or landscaped to prevent the blowing or scattering of refuse and to provide an adequate visual barrier from locations both on and off site.
   (f)   Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, stream and public streets, and to minimize the possibility of erosion.
   (g)   If the development is to be implemented in phases, each phase must have adequate provision for access, parking, storm water management and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property. A performance bond on all improvements and amenities shall be furnished to the City prior to initiating construction on the first phase of the development.
   (h)   Development shall comply with the standards set forth in Chapter 1182 Design Review and Lighting Standards for Commercial and Office Districts.
      (Ord. 2012-115. Passed 9-13-12.)

1160.01 PURPOSE.

   The Gilbert Road Overlay District, herein after referred to as the "District" is established to provide areas for offices uses located in a planned development of building and amenities on Gilbert Road and Gilbert Lane where redevelopment is desired. These regulations are intended to allow for the development of office uses considering this area is adjacent to established commercial uses and proximate to S.R. 8 while acknowledging the existing single family uses in this area. The goal of developments in this district is to achieve the following objectives:
   (a)   To provide development options which are compatible with the goal of creating an "Office Park" environment along the Route 8 Corridor;
   (b)   To promote economical and efficient use of land through unified development;
   (c)   To protect adjacent lower density residential areas by requiring buffer areas between single-family dwellings and office uses.
      (Ord. 2015-86. Passed 9-10-15.)

1160.02 LOCATION AND APPLICABILITY.

   All standards and regulations of the underlying zoning districts shall apply within the District for permitted and conditionally permitted uses enumerated in the underlying district except where specifically modified or supplemented by this Chapter 1160. The appropriate overlay zoning designation shall be superimposed over the existing zoning designation(s) on the Zoning Map.
(Ord. 2015-86. Passed 9-10-15.)

1160.03 APPROVAL OF PROPOSED DEVELOPMENTS.

   Any proposed development in this District shall only be approved by the Planning Commission and Council according to the procedures for conditional uses and site plan review as set forth in Chapter 1137.03 and 1137.04, the general review criteria for conditional uses set forth in Section 1161.02, and the regulations in this Chapter 1160.
(Ord. 2015-86. Passed 9-10-15.)

1160.04 PERMITTED USES.

   The following uses shall be permitted in the Gilbert Road Overlay District:
   (a)   Administrative, Medical & Professional Offices
   (b)   Research/testing laboratories
   (c)   Financial establishments
   (d)   Adult & child daycare centers
      (Ord. 2015-86. Passed 9-10-15.)

1160.05 DEVELOPMENT STANDARDS.

   All uses in this District shall be approved according to the purpose and procedures set forth in this Chapter 1160 and shall adhere to the standard requirements of the district as follows:
Schedule 1160.05 (a)
Office
 
Uses
 
Minimum Land Area (Acres)
40,000 sq. ft.
Maximum Land Coverage
25%
Minimum Open Space
25%
Minimum Frontage (feet)
200 feet
Minimum Distance of Principal Buildings From:
 
Right-of-way   
40 feet
Property Line (Adjacent to multi-family
or non-residential uses)
20 feet
 
Property Line (Adjacent to residential
uses)
30 feet
Minimum Distance of Parking Lots From:
 
Right-of-way
40 feet
Property Line (Adjacent to multi-family
or non-residential uses)
10 feet
Property Line (Adjacent to residential
uses)
25 feet
Maximum Building Height
60 feet
(Ord. 2015-86. Passed 9-10-15.)

1160.06 SUPPLEMENTAL REQUIREMENTS.

   All developments shall comply with the following supplemental requirements:
   (a)   Landscaping and Screening Requirements. A development shall provide and maintain the following landscaping and screening standards:
      (1)   Front Yard Landscaped Strip. A strip 40 feet wide immediately adjacent to any street right-of-way and running the width of the site (except for vehicular entrances and exits) shall be planted, landscaped and maintained in a neat and orderly fashion. No other uses, including parking, shall be permitted in this strip.
      (2)   Side and Rear Yard Screening. A strip of land at least 10 feet in width and running the length of every side and rear yard shall be landscaped and planted for screening purposes and shall be devoid of all other uses, including parking. When a development abuts a residential district the landscaped strip shall be no less than 25 feet in width along the entire length of the common border. The total side and rear yard landscaped area shall be maintained in a neat and orderly fashion.
      (3)   Screening and Landscaping of Parking Lots. Perimeter and interior landscaping of parking lots shall be provided in conformance with the regulations set forth in Section 1181.10(i).
   (b)   Required Parking. Parking spaces shall be provided in accordance with the requirements and design standards set forth in Chapter 1181.
   (c)   Accessory Buildings. Accessory buildings may be located between a principal building and a side lot line and a rear lot line provided the screening requirements set forth in Section 1160.05(k)(2) are complied with. Accessory buildings shall not be located in a front yard.
   (d)   Signs. Signs shall be erected in compliance with the regulations specified in Chapter 1183.
   (e)   Additional Standards. Additional site specific development requirements formulated to achieve the objectives of these regulations shall be established at the time the site plan and the conditional use request are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the proposed multi-family development. (Ord. 2015-86. Passed 9-10-15.)

1160.07 PROCEDURES.

   A proposal for any office development shall comply with the administrative provisions set forth in Section 1137.04 for Conditional Uses and additionally with the following procedures:
   (a)   Site Plan Review, Approval and Conformance. A site plan shall be required for any development in order to evaluate a project's compatibility with the surrounding land uses, its compliance with these regulations and its conformance with the Comprehensive Plan.
      (1)   All uses proposed to be developed, expanded, modified or otherwise established as part the development shall be permitted and zoning certificates issued only after site plans, as specified in Section 1137.03, have been approved by the Planning Commission and Council.
      (2)   Architectural, engineering, or construction information sufficient to give a clear understanding of the proposal and including front-, side- and rear-view renderings, shall be included with the submission of the site plans. A description of the proposed development or operation shall be provided in sufficient detail to indicate possible impacts on adjacent properties and the surrounding area.
      (3)   The site plan shall show the total plan for development and indicate the phases of development.
   (b)   Significance Of An Approved Plan. An approved site plan shall become a binding commitment for the development of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. If there is any such transfer or change in ownership, the new ownership entity shall submit to Council and Council shall find that the new ownership entity will satisfy the administrative, financial, legal and all other performance guarantees approved with the original site plan.
   (c)   Changes to An Approved Plan. All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from the approved plans shall be cause for revocation of the conditional zoning certificate. Any changes in approved plans shall be resubmitted for approval in accordance with these multi-family development regulations.
      (Ord. 2015-86. Passed 9-10-15.)