Streetsboro City Zoning Code
TITLE THREE
Zoning Districts
CHAPTER 1130
EDITOR’S NOTE: The Portage County Court of Common Pleas has invalidated Ordinance 2004-140, which made up former Chapter 1130
.
CHAPTER 1133 C-1 Retail Office District (Repealed)
CHAPTER 1135 C-2 Extensive Commercial District (Repealed)
1121.01 ESTABLISHMENT OF DISTRICTS.
In order to classify, regulate and restrict the location of trades, residences, recreation and other land uses and the location of buildings, designed for special uses, to regulate and limit the height, bulk, number of stories and size of buildings and other structures hereafter erected or altered, to regulate and limit the amount of lot area which may be occupied, setback lines, size of yards, courts and other open spaces within and surrounding such buildings, the density of population, the incorporated territory of Streetsboro, Portage County, Ohio is hereby divided into zone districts. All such regulations are uniform for each building, structure or use within each zone district. (Ord. 1980-20. Passed 1-28-80.)
1121.02 TYPES OF DISTRICTS.
The City of Streetsboro is divided into the following specified districts:
F-P Flood Plain District
O-C Open Space Conservation District
R-R Rural Residential District
R-T Transitional Residential District
R-1 Low Density Urban Residential District
R-2 Medium Density Urban Residential District
R-OS Residential-Open Space Overlay District
R-3 Multi-Family Urban Residential District
B Business District
B-T Business Transitional District
C-3 Highway Interchange Commercial District
I-1 Industrial Research and Office District
T-1 Mobile Home District
R-G Residential Golf Course Community District
R-O Residence Office District
C-R Commercial, Office, Residential District
(Ord. 2023-63. Passed 4-10-23.)
1121.03 ZONING DISTRICTS MAP.
(a) The districts and their boundary lines are indicated upon a map entitled "Zoning Districts Map of the City of Streetsboro, Portage County, Ohio" which map is part of this Zoning Ordinance. The Zoning Districts Map together with all notations, references and other matters shown thereon are hereby declared a part of this Zoning Ordinance.
(b) The original or master of such Zoning Districts Map shall be retained in City offices, maintained current with amendments and be available to the public.
(Ord. 1980-20. Passed 1-28-80.)
1121.04 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Districts Map, the following rules shall apply:
(a) Where Boundaries Approximately Follow Streets, Alleys or Highways. Where district boundaries are indicated as approximately following the center line or right-of-way lines of streets, the center line or alley line of alleys, or the center line or right-of-way lines of highways, such lines shall be construed to be such district boundaries.
(b) Where Boundaries Parallel Street Right-of-Way Lines, Alley Lines, or Highway Right-of-Way Lines. Where district boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets, the center lines or alley lines of alleys, or the centerlines 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 Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Zoning Map.
(c) Where Boundaries Approximately Follow Lot Lines. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.
(d) Where Boundaries Do Not Follow or Parallel Street, Alley, Highway or Lot Lines. Where district boundaries are so indicated that they do not follow or parallel street, alley, highway, or lot lines, but do connect points established by the intersection of such lines, such straight lines connecting such points shall be construed to be the district boundaries. Where district boundaries are so indicated that they follow topographical features, such lines shall be construed as following the center line of such features. The location of such topographical features shall be determined by use of the scale shown on the Zoning Map.
(e) Where Boundaries Follow USGS Contours. Where district boundaries are indicated by the land below the USGS contour elevation such as the Flood Plain Area the pool elevation at the original lot line shall be designated on the zoning map. For the specific location falling between the original lot lines the local pool elevation shall be calculated using the straight line interpolation method.
(f) Vacation of Public Ways. Whenever any street, alley or public way is vacated in the manner authorized by law the zoning districts adjoining each side of the street, alley or public way shall be automatically extended to the center of such vacations and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
(Ord. 1985-5. Passed 1-28-85.)
__________________________________________________________________
1122.01 USES.
(a) Principal Uses.
(1) Agricultural row crops or pasture.
(2) Wildlife refuge and game preserve.
(3) Tree farm and fish farm.
(b) Conditional Uses. The Planning and Zoning Commission may issue conditional
(1) Single-family dwellings.
(2) Agricultural and accessory buildings.
(3) Roadside stands, offering for sale only agricultural products which are produced on the premises. Such stand, sign and required off-street parking shall be located and set back in such a manner as not to create a traffic hazard.
(4) Public utility services and pertinent structures, including utility substations and transformers.
(5) Home occupations.
(6) Oil, gas and brine wells, drilling and operations necessary for their extraction, storage and skimming.
(c) Accessory Uses.
(Ord. 2016-83. Passed 6-27-16.)
1122.02 GENERAL PROVISIONS.
(a) Statutory Authorization. Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the City Council of City of Streetsboro, State of Ohio, does ordain as follows:
(b) Findings of Fact. The City of Streetsboro has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
(c) Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
(4) Generally undertaken at the expense of the general public;
(5) Minimize prolonged business interruptions;
(6) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(7) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(9) Minimize the impact of development on adjacent properties within and near flood prone areas;
(10) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(11) Minimize the impact of development on the natural, beneficial values of the floodplain;
(12) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(13) Meet community participation requirements of the National Flood Insurance Program.
(d) Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(e) Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Streetsboro as identified in subsection (f) hereof, including any additional areas of special flood hazard annexed by City of Streetsboro.
(Ord. 2004-139. Passed 9-27-04.)
(f) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
(1) Flood Insurance Study Portage County, Ohio and Incorporated Areas and Flood Insurance Rate Map Portage County, Ohio and Incorporated Areas both effective August 18, 2009.
(2) Any hydrologic and hydraulic engineering analysis by a registered Professional Engineer in the State of Ohio, which has been approved by the City of Streetsboro as required by Section 1122.05(c).
Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Engineering Department, 9184 State Route 43, Streetsboro, Ohio 44241.
(Ord. 2009-80. Passed 8-10-09.)
(g) Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances (resolutions) including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance (resolution), the more restrictive shall be followed. These regulations shall not intend to impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.
(h) Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.
(i) Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Streetsboro, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
(j) Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 2004-139. Passed 9-27-04.)
1122.03 DEFINITIONS.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
Accessory Structure A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
Appeal A request for review of the floodplain administrator's interpretation of any provision of these regulations or a request for a variance.
Base Flood The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one- hundred (100) year flood.
Base (100-Year) Flood Elevation (BFE) The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 198S, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
Basement Any area of the building having its floor subgrade (below ground level) on all sides.
Development Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Enclosure Below the Lowest Floor See "Lowest Floor."
Executive Order 11988 (Floodplain Management) Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
Federal Emergency Management Agency (FEMA) The agency with the overall responsibility for administering the National Flood Insurance Program.
Fill A deposit of earth material placed by artificial means.
Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM) Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
Flood Insurance Rate Map (FIRM) An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
Flood Insurance Risk Zones Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100 year flood by a Federal flood protection system under construction; no base flood elevations are determined.
Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.
Flood Insurance Study (FIS) The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
Flood Protection Elevation The Flood Protection Elevation, or FPE, is the base flood elevation plus 2 feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator.
Floodway A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
Freeboard A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
Historic structure Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
Hydrologic and hydraulic engineering analysis An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
Letter of Map Change (LOMC) A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC's are broken down into the following categories:
Letter of Man Amendment (LOMA) A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
Letter of Map Revision (LOMR) A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
Conditional Letter of Map Revision (CLOMR) A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
Lowest floor The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
Manufactured home A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
Manufactured home park As specified in the Ohio Administrative Code 3701-27-01, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
National Flood Insurance Program (NFIP) The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
New construction Structures for which the "start of construction" commenced on or after the initial effective date of the City of Streetsboro Flood Insurance Rate Map, December 18 1984, and includes any subsequent improvements to such structures.
Person Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.
Recreational vehicle A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self- propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Registered Professional Architect A person registered to engage in the practice of architecture under the provisions of sections 4703.01 to 4703.19 of the Revised Code.
Registered Professional Engineer A person registered as a professional engineer under Chapter 4733 of the Revised Code.
Registered Professional Surveyor A person registered as a professional surveyor under Chapter 4733 of the Revised Code.
Special Flood Hazard Area Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal, state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
Start of construction The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
Structure A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial Improvement Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:
(1) Any improvement to a structure which is considered "new construction,"
(2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(3) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".
Variance A grant of relief from the standards of these regulations consistent with the variance conditions herein.
Violation The failure of a structure or other development to be fully compliant with these regulations. (Ord. 2004-139. Passed 9-27-04.)
1122.04 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The City Engineer is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
(c) Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1122.02(f), until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
(d) Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
(l) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
A. Floodproofing certification for non-residential floodproofed structure as required in Section 1122.05(e).
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1122.05(d)(5) are designed to automatically equalize hydrostatic flood forces.
C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1122.05(i)(3).
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1122.05(i)(2).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1122.05(i)(1).
F. Generation of base flood elevation(s) for subdivision and large scale developments as required by Section 1122.05(c).
(e) A Floodplain Development Permit Application Fee. The fee for the application shall be set at one hundred dollars ($100.00) plus fifty dollars ($50.00) per dwelling unit or two and one half cents ($0.025) per square foot of building area for non-residential buildings.
(f) Review and Approval of a Floodplain Development Permit Application.
(1) Review.
A. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in subsection (d) hereof has been received by the Floodplain Administrator.
B. The Floodplain Administrator shall review all floodplain- development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(g) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (l) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(h) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(i) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(2) For all development activities subject to the standards of subsection (l) hereof, a Letter of Map Revision.
(j) Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board (Variance Board for Counties) in accordance with Section 1122.06 of these regulations.
(k) Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:
(1) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
(2) Development activities in an existing or proposed manufactured home park. Such activities are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
(3) Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
(4) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
(5) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
(l) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Streetsboro's flood maps, studies and other data identified in Section 1122.02(f) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) Requirement to submit new technical data. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
A. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
B. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
C. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
D. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1122.05(c).
(2) It is the responsibility of the applicant to have technical data, required in accordance with this subsection, prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
(3) The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
A. Proposed floodway encroachments that increase the base flood elevation; and
B. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
(4) Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to paragraph (l)(1) hereof.
(m) Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the City of Streetsboro, and may be submitted at any time.
(n) Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Streetsboro have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Streetsboro's Flood Insurance Rate Map accurately represent the City of Streetsboro boundaries, include within such notification a copy of a map of the City of Streetsboro suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Streetsboro has assumed or relinquished floodplain management regulatory authority.
(o) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(3) When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:
A. Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
B. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
(4) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1122.06, Appeals and Variances.
(5) Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
(p) Substantial Damage Determinations. Damages to structures may result from a variety of causes including tornado, wind, heavy snow, flood, fire, etc. After such a damage event, the Floodplain Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(3) Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 2004-139. Passed 9-27-04.)
(Ord. 2004-139. Passed 9-27-04.)
1122.05 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
(a) Use Regulations.
(1) Permitted Uses - See Section 1122.01. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Streetsboro are allowed provided they meet the provisions of these regulations.
(2) Prohibited uses.
A. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
B. Infectious waste treatment facilities in all special flood hazard areas, permitted under Section 3734 of the Ohio Revised Code.
(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(c) Subdivisions and Large Developments.
(l) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
(5) The applicant shall meet the requirement to submit technical data to FEMA in Section 1122.04(l)(1)D. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by subsection (c) hereof.
(d) Residential Structures.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring this paragraph and construction materials resistant to flood damage paragraph (d)(2) are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of this subsection.
(e) Nonresidential Structures.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (d)(1) through (3) and (5) through (7).
(2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Floodproofing Certificate, that the design and methods of construction are in accordance with paragraphs A. and B.
(f) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(6) They shall meet the opening requirements of paragraph (d)(5)C.
(g) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(3) They must meet all standards of subsection (d) hereof.
(h) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(i) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
(1) Development in Floodways.
A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
2. An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas which would be impacted by the increased base flood elevation;
4. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
5. Concurrence of the Mayor of City of Streetsboro and the Chief Executive Officer of any other communities impacted by the proposed actions.
(2) Development in riverine areas with base flood elevations but no floodways.
A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
1. An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
2. Subsection (i)(1)B.1. and 3. to 5.
(3) Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with City of Streetsboro specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
The applicant shall meet the requirements to submit technical data in Section 1122.04(l)(1)C. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 2004-139. Passed 9-27-04.)
1122.06 APPEALS AND VARIANCES.
(a) Appeals Board Established.
(l) The City Council of the City of Streetsboro shall appoint an Appeals Board consisting of the Board of Zoning and Building Appeals. The members shall serve 4 year terms after which time they shall be reappointed or replaced by the City Council of the City of Streetsboro. Each member shall serve until his/her successor is appointed.
(2) A chairperson shall be elected by the members of the Appeals Board. Meetings of the Appeals Board shall be held as needed and shall be held at the call of the Chairperson, or in his absence, the Acting Chairperson. All meetings of the Appeals Board shall be open to the public except that the Board may deliberate in executive sessions as part of quasijudicial hearings in accordance with law. The Appeals Board shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of all official actions. Records of the Appeals Board shall be kept and filed in Planning and Zoning Department.
(b) Powers and Duties.
(1) The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
(2) Authorize variances in accordance with subsection (d) hereof.
(c) Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within 20 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(d) Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(e) Application for a Variance.
(l) Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
(2) Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
(3) All applications for a variance shall be accompanied by a variance application fee in the amount of one hundred fifty dollars ($150.00) plus the cost of the notices (Section 149.11, c).
(g) Public Hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4) The importance of the services provided by the proposed facility to the community.
(5) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(6) The necessity to the facility of a waterfront location, where applicable.
(7) The compatibility of the proposed use with existing and anticipated development.
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(h) Variances shall only be issued upon:
(1) A showing of good and sufficient cause.
(2) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
(3) A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
(4) A determination that the structure or other development is protected by methods to minimize flood damages.
(5) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of these regulations.
(i) Other Conditions for Variances.
(1) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(2) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsection (g)(1) to (11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(3) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(j) Procedure at Hearings.
(1) All testimony shall be given under oath.
(2) A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(4) The administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
(8) The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
(k) Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Portage Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 2004-139. Passed 9-27-04.)
(Ord. 2004-139. Passed 9-27-04.)
1122.07 ENFORCEMENT.
(a) Compliance Required.
(l) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1122.04(k).
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with subsection (c) hereof.
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with subsection (c) hereof.
(b) Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action which, if taken, will effect compliance with the provisions of these regulations;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
(c) Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Streetsboro. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Streetsboro from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Streetsboro shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 2004-139. Passed 9-27-04.)
__________________________________________________________________
1123.01 PURPOSE.
The O-C Open Space Conservation District is established for the following purposes:
(a) To preserve and protect the value of distinctive geologic, topographic, botanic, historic or scenic areas;
(b) To protect the ecological balance of an area;
(c) To conserve natural resources, such as river valleys, and tracts of forest land; and
(d) To reduce the problems created by intensive development of areas having excessively high water tables, or which are subject to flooding, or which are topographically unsuited for urban type uses. (Ord. 1980-20. Passed 1-28-80.)
1123.02 USES.
(a) Principal Uses.
(1) Single-family dwelling.
(2) Agriculture, including buildings for the storage of agricultural supplies and products such as fertilizers, grains and hay.
A. Buildings used to house livestock or chickens shall be located no less than one hundred (100) feet from all property lines.
B. Raising or breeding of domestic animals or poultry for commercial purposes shall only be permitted on lots of five acres or more.
(3) Roadside stands, offering for sale only agricultural products which are produced on the premises. Such stand, sign and required off-street parking shall be located and set back in such a manner as not to create a traffic hazard.
(4) Wildlife refuge and game preserve, tree farm or fish farm.
(b) Conditional Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the requirements of Chapter 1153:
(1) Cemetery.
(2) Church and other buildings for the purposes of religious worship.
(3) Governmentally owned and/or operated buildings or facility.
(4) Publicly or privately owned and/or operated outdoor recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies and country clubs.
(5) Publicly or privately owned and/or operated recreational facilities containing extensive open space and preserving natural features of the area, including recreation areas, day camps, private parks and including overnight uses such as campgrounds, summer camps, health camps and group accommodations.
(6) Public utility services and pertinent structures, including utility substations and transformers, but excluding office buildings and storage and distribution facilities.
(7) Home occupations.
(8) Oil, gas and brine wells, drilling and operations necessary for their extraction, storage and skimming.
(c) Accessory Uses.
(1) Accessory buildings and uses incidental to the principal use which do not include any activity conducted as a business.
(Ord. 2024-163. Passed 11-25-24.)
(4) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1123.03 LOT REQUIREMENTS.
(a) The minimum lot area per dwelling unit shall be two acres.
(b) The minimum lot width at the building line shall be 150 feet.
(Ord. 1980-20. Passed 1-28-80.)
(c) The minimum lot frontage shall be 200 feet.
(Ord. 1989-49. Passed 8-28-89.)
1123.04 YARD REQUIREMENTS.
(a) The minimum front yard depth shall be 100 feet from the road right of way.
(b) The minimum rear yard depth shall be fifty feet.
(c) The minimum side yard width shall be twenty-five feet.
(Ord. 1980-20. Passed 1-28-80.)
1123.05 MAXIMUM BUILDING HEIGHT.
The maximum building height shall be thirty-five feet.
(Ord. 1980-20. Passed 1-28-80.)
1123.06 SITE PLAN APPROVAL REQUIREMENT.
Site plans of the development, except for single-family dwellings, shall be subject to, submitted and approved by the Planning and Zoning Commission to insure compliance with the standards set forth in this ordinance.
(Ord. 1989-49. Passed 8-28-89.)
__________________________________________________________________
1125.01 PURPOSE.
The purpose of the R-R (Rural Residential District) is to accommodate single-family residential use along existing streets, to preserve the rural character while promoting open space single-family residential development (involving the extension of new streets), and to separate agricultural uses from other more extensive community development within the City. These areas may or may not be serviced by municipal water and sanitary sewer.
(Ord. 2004-183. Passed 11-22-04.)
1125.02 USES.
(a) Principal Uses. Upon compliance with these regulations, the Zoning Inspector shall issue a zoning certificate for the following uses:
(1) Single-family dwellings, detached.
(2) Agricultural buildings and uses provided:
A. Buildings used to house livestock or chickens shall be located no less than one hundred (100) feet from all property lines.
B. Raising or breeding of domestic animals or poultry for commercial purposes shall only be permitted on lots of five acres or more.
(3) Roadside stands offering for sale only agricultural products that are produced on the premises. Such stand, sign and required off-street parking shall be located and set back in such a manner so as not to create a traffic hazard.
(b) Conditional Uses. Subject to Chapter 1153 and these regulations, the Planning and Zoning Commission may issue a conditional zoning permit for the following uses:
(1) Publicly or privately owned and/or operated outdoor recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies and country clubs.
(2) Publicly or privately owned and/or operated recreational facilities containing extensive open space and preserving natural features of the area including recreation areas, day camps, private parks and including overnight uses such as campgrounds, summer camps, health camps and group accommodations.
(3) Cemetery.
(4) Public and parochial schools.
(5) Church and other buildings for the purpose of religious worship.
(6) Governmentally owned and/or operated building or facility.
(7) Oil, gas and brine wells, drilling and operations necessary for their extraction, storage and skimming.
(8) Home occupation.
(9) Public utility services and pertinent structures including utility substations and transformers, but excluding office buildings and storage and distribution facilities.
(c) Accessory Uses.
(1) Accessory buildings and uses incidental to the principal use that do not include any activity conducted as a business.
(Ord. 2024-163. Passed 11-25-24.)
(4) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1125.03 LOT REQUIREMENTS.
(a) Lot Area.
(1) Existing street. The minimum lot area per dwelling unit along an existing street shall be 2.0 acres where sanitary sewer is available and 2.5 acres where sanitary sewer is not available (unless the County health department requires a greater area to accommodate a septic system).
(2) New street. The minimum lot area per dwelling unit along a new street shall be 1.5 acres where sanitary sewer is available and 2.0 acres where sanitary sewer is not available (unless the County health department requires a greater area to accommodate a septic system).
(b) Lot Width.
(1) Existing street. The minimum lot width at the building setback line along an existing street shall be 175 feet where sanitary sewer is available and 200 feet where sanitary sewer is not available.
(2) New street. The minimum lot width at the building setback line along a new street shall be 130 feet where sanitary sewer is available and 150 feet where sanitary sewer is not available.
(c) Lot Frontage.
(1) Existing street. The minimum lot frontage along an existing street shall be 50 feet where sanitary sewer is available and 60 feet where sanitary sewer is not available.
(2) New street. The minimum lot frontage along a new street shall be 50 feet where sanitary sewer is available and 50 feet where sanitary sewer is not available.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
1125.04 YARD REQUIREMENTS.
(a) Front Yard Setback.
(1) Existing street. The minimum front yard setback along an existing street shall be 130 feet where sanitary sewer is available and 150 feet where sanitary sewer is not available.
(2) New street. The minimum front yard setback along a new street shall be 100 feet where sanitary sewer is available and 120 feet where sanitary sewer is not available.
(b) Rear Yard Setback.
(1) Existing street. The minimum rear yard setback along an existing street shall be 130 feet where sanitary sewer is available and 150 feet where sanitary sewer is not available.
(2) New street. The minimum rear yard setback along a new street shall be 100 feet where sanitary sewer is available and 120 feet where sanitary sewer is not available.
(c) Side Yard Setback.
(1) Existing street. The minimum side yard setback along an existing street shall be 25 feet where sanitary sewer is available and 30 feet where sanitary sewer is not available.
(2) New street. The minimum side yard setback along a new street shall be 15 feet where sanitary sewer is available and 20 feet where sanitary sewer is not available.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
1125.05 MAXIMUM BUILDING HEIGHT.
The maximum building height shall be thirty-four feet.
(Ord. 2004-183. Passed 11-22-04.)
1125.06 MAXIMUM DENSITY.
The maximum residential density (total units per development site) shall be “net developable area” multiplied by 0.67 dwelling units per acre.
(Ord. 2004-183. Passed 11-22-04.)
1125.07 PLAT APPROVAL REQUIRED.
Residential developments, except for single-family dwellings built along an existing street as a Minor Subdivision, shall be subject to Plat Review (Chapter 1177) by the Planning and Zoning Commission to insure compliance with applicable standards. Non-residential developments or uses may also be subject to Site Plan Review, see Chapter 1152.
(Ord. 2004-183. Passed 11-22-04.)
1126.01 PURPOSE.
The purpose of the R-T (Transitional Residential District) is to accommodate single-family residential use along existing and new streets while transitioning from the more intense R-1 residential to the less intense R-R residential within the City. These areas are serviced by municipal water and sanitary sewer.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
1126.02 USES.
(a) Principal Uses. Upon compliance with these regulations, the Zoning Inspector shall issue a zoning certificate for the following use:
(1) Single-family dwelling, detached.
(b) Conditional Uses. Subject to Chapter 1153 and these regulations, the Planning and Zoning Commission may issue a conditional zoning permit for the following uses:
(1) Church and other buildings for the purpose of religious worship.
(2) Publicly or privately owned and/or operated outdoor recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies and country clubs.
(3) Publicly or privately owned and/or operated outdoor recreational facilities containing extensive open space and preserving natural features of the area, including recreation areas, day camps, private parks, group facilities excluding any overnight uses.
(4) Public and parochial schools.
(5) Home occupations.
(6) Public utility services and pertinent structures including utility substations and transformers, but excluding office buildings and storage and distribution facilities.
(c) Accessory Uses.
(1) Accessory buildings and uses incidental to the principal use which do not include any activity conducted as a business.
(Ord. 2024-163. Passed 11-25-24.)
(4) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1126.03 LOT REQUIREMENTS.
(a) The minimum lot area per dwelling unit along an existing street shall be 38,000 square feet.
(b) The minimum lot width at the building setback line shall be 110 feet.
(c) The minimum lot frontage shall be 50 feet.
(Ord. 2004-183. Passed 11-22-04.)
1126.04 YARD REQUIREMENTS.
1126.05 MAXIMUM BUILDING HEIGHT.
The maximum building height shall be 34 feet.
(Ord. 2004-183. Passed 11-22-04.)
1126.06 MAXIMUM DENSITY.
The maximum residential density (total units per development site) shall be “net developable area” multiplied by 1.20 dwelling units per acre.
(Ord. 2004-183. Passed 11-22-04.)
1126.07 PLAT APPROVAL REQUIRED.
Residential developments, except for single-family dwellings built along an existing street as a Minor Subdivision, shall be subject to Plat Review (Chapter 1177) by the Planning and Zoning Commission to insure compliance with applicable standards. Non-residential developments or uses may also be subject to Site Plan Review, see Chapter 1152.
(Ord. 2004-183. Passed 11-22-04.)
1127.01 PURPOSE.
The R-1 Low Density Urban Residential District is established to accommodate single- family residential use along existing streets and to promote single-family residential development (involving the extension of new streets) where sanitary sewer and municipal water are available. The densities are intended to provide for areas of suburban character in the community and to prevent excessive demands on sewerage and water systems, streets, schools and other community facilities.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
1127.02 USES.
(a) Principal Uses. Upon compliance with these regulations, the Zoning Inspector shall issue a zoning certificate for the following use:
Single-family dwelling, detached.
(1) Church and other buildings for the purpose of religious worship.
(2) Publicly or privately owned and/or operated outdoor recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies and country clubs.
(3) Publicly or privately owned and/or operated outdoor recreational facilities containing extensive open space and preserving natural features of the area, including recreation areas, day camps, private parks, group facilities excluding any overnight uses.
(4) Public and parochial schools.
(5) Home occupations.
(6) Public utility services and pertinent structures including utility substations and transformers, but excluding office buildings and storage and distribution facilities.
(7) Oil, gas and brine wells, drilling and operations necessary for their extraction and skimming.
(c) Accessory Uses.
(1) Accessory buildings and uses incidental to the principal use which do not include any activity conducted as a business.
(Ord. 2024-163. Passed 11-25-24.)
(4) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1127.03 LOT REQUIREMENTS.
(a) The minimum lot area shall be one-half acre.
(b) The minimum lot width at the building setback line shall be 100 feet.
(c) The minimum lot frontage shall be 50 feet.
(Ord. 2006-80. Passed 5-22-06.)
1127.04 YARD REQUIREMENTS.
1127.05 MAXIMUM BUILDING HEIGHT.
The maximum building height shall be thirty-four feet.
(Ord. 2004-183. Passed 11-22-04.)
1127.06 MAXIMUM DENSITY.
The maximum residential density (total units per development site) shall be “net developable area” multiplied by 1.80 dwelling units per acre.
(Ord. 2004-183. Passed 11-22-04.)
1127.07 PLAT APPROVAL REQUIRED.
Residential developments, except for single-family dwellings built along an existing street as a Minor Subdivision, shall be subject to Plat Review (Chapter 1177) by the Planning and Zoning Commission to insure compliance with applicable standards. Non-residential developments or uses may also be subject to Site Plan Review, see Chapter 1152.
(Ord. 2004-183. Passed 11-22-04.)
1129.01 PURPOSE.
The purpose of the R-2 Medium Density Urban Residential District is to encourage relatively greater density residential development in areas generally adjacent to the built up sections of the community or in areas of existing development of such density, and thereby providing a more orderly and efficient extension of public facilities. The development is to consist of single-family dwelling units and only in areas served with municipal water and sanitary sewer.
(Ord. 2004-183. Passed 11-22-04.)
1129.02 USES.
(a) Principal Uses. Upon compliance with these regulations, the Zoning Inspector shall issue a zoning certificate for the following uses:
(1) Single-family dwellings, detached.
(b) Conditional Uses. Subject to Chapter 1153 and these regulations, the Planning and Zoning Commission may issue conditional zoning permit for the following uses:
(1) Public and parochial schools.
(2) Church and other buildings for the purpose of religious worship.
(3) Institutions for higher education.
(4) Publicly or privately owned and/or operated outdoor recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies and country clubs.
(5) Institutions for human medical care, hospitals, sanitariums, nursing homes, assisted living facilities, independent senior living facilities, child day care centers, and philanthropic institutions.
(6) Governmentally owned and/or operated building or facility other than those listed above.
(7) Home occupation.
(8) Public utility services and pertinent structures including utility substations and transformers, but excluding office building and storage and distribution facilities.
(9) Oil, gas and brine wells, drilling and operations necessary for their extraction, storage and skimming.
(10) Single-family dwelling, attached. Lot Requirements, Yard Requirements, and Maximum Density shall be determined by the Planning and Zoning Commission, guided by the standards set for a single-family dwelling, detached, under each application.
(c) Accessory Uses.
(1) Accessory buildings and uses incidental to the principal use which do not include any activity conducted as a business.
(Ord. 2024-163. Passed 11-25-24.)
(4) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1129.03 LOT REQUIREMENTS.
(a) The minimum lot area shall be 16,000 square feet.
(b) The minimum lot width at the building setback line shall be 80 feet.
(c) The minimum lot frontage shall be 40 feet.
(Ord. 2004-183. Passed 11-22-04.)
1129.04 YARD REQUIREMENTS.
1129.05 MAXIMUM BUILDING HEIGHT.
The maximum building height shall be thirty-four feet.
(Ord. 2004-183. Passed 11-22-04.)
1129.06 MAXIMUM DENSITY.
The maximum residential (single family, detached) density (total units per development site) shall be “net developable area” multiplied by 2.75 dwelling units per acre.
(Ord. 2004-183. Passed 11-22-04.)
1129.07 PLAT APPROVAL REQUIRED.
1130A.01 PURPOSE.
The purpose of the R-OS Residential-Open Space District is to protect and promote the health, safety, and general welfare of the City, to enhance the visual appearance of residential development, to protect and promote the character and vista of the rural areas within the City, to prevent unnecessary clutter and congestion within such developments and the surrounding neighborhoods, to protect environmentally sensitive areas, and to establish regulations for flexible design alternatives to the requirements of the underlying district to encourage site design practices that provide for efficient layout of infrastructure and preserve open space and natural features, while maintaining density control in conformity with the underlying district, by offering this district to developers of 10 acres, or more, as an alternative to the regulations of the underlying district.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
1130A.02 OVERLAY DISTRICT BOUNDARIES AND APPLICATION.
(a) Boundary. The R-OS Residential-Open Space Overlay District boundaries shall overlay and be contiguous with the traditional residential zoning districts boundaries within the City, being R-R, R-T, R-1, and R-2. The R-OS Residential-Open Space Overlay District is not available in the R-2A, R-G, or R-3 zoning districts. The effect shall be the creation of a new zoning district consisting of these regulations and requirements and those of the underlying district.
(b) Standards to Apply. Where the standards of the R-OS Residential-Open Space Overlay District and the underlying district differ, the R-OS Residential-Open Space Overlay District standards shall apply. However, the density under the R-OS Residential-Open Space Overlay District shall not be greater than the maximum density of the underlying district.
(c) Application. The R-OS Residential-Open Space Overlay District may be applied, at the option of the developer, as an overlay to specified residential districts where residential development of 10 acres, or more, is planned by the applicant and where sanitary sewer and municipal water are available to the development site.
(Ord. 2004-183. Passed 11-22-04.)
1130A.03 USES.
(a) Principal Uses. Upon compliance with these regulations, the Zoning Inspector shall issue a zoning certificate for the following uses:
(1) Single-family dwelling, detached.
(b) Conditionally Permitted Uses. Subject to Chapter 1153 and these regulations, the Planning and Zoning Commission may issue a conditional zoning permit for the following use:
(1) Single-family dwelling, attached, except where sanitary sewer and municipal water are not available and except within the R-R and R-T zoning districts. Lot Requirements, Yard Requirements, and Maximum Density shall be determined by the Planning and Zoning Commission, guided by the standards set for a single-family dwelling, detached, under each application.
(c) Accessory Uses.
(1) Accessory buildings and uses incidental to the principal use which do not include any activity conducted as a business.
(3) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1130A.04 LOT REQUIREMENTS.
(a) Minimum Lot Area.
(1) The minimum lot area in the R-R, Rural Residential District, shall be 39,000 square feet.
(2) The minimum lot area in the R-T, Transitional Residential District, shall be 24,700 square feet.
(3) The minimum lot area in the R-1 Low Density Urban Residential District, shall be 16,800 square feet.
(4) The minimum lot area in the R-2 Medium Density Urban Residential District, shall be 12,000 square feet.
(b) Minimum Lot Width at Building Setback Line.
(1) The minimum lot width at the building setback line in the R-R, Rural Residential District, shall be 100 feet.
(2) The minimum lot width at the building setback line in the R-T, Transitional Residential District, shall be 90 feet.
(3) The minimum lot width at the building setback line in the R-1 Low Density Urban Residential District, shall be 75 feet.
(4) The minimum lot width at the building setback line in the R-2 Medium Density Urban Residential District, shall be 70 feet.
(Ord. 2004-183. Passed 11-22-04.)
1130A.05 YARD REQUIREMENTS.
(a) Minimum Front Yard Setback.
(1) The minimum front yard setback in the R-R, Rural Residential District, shall be 80 feet.
(2) The minimum front yard setback in the R-T, Transitional Residential District, shall be 60 feet.
(3) The minimum front yard setback in the R-1, Low Density Urban Residential District, shall be 50 feet.
(4) The minimum front yard setback in the R-2, Medium Density Urban Residential District, shall be 40 feet.
(b) Minimum Rear Yard Setback.
(1) The minimum rear yard setback in the R-R, Rural Residential District, shall be 80 feet.
(2) The minimum rear yard setback in the R-T, Transitional Residential District, shall be 60 feet.
(3) The minimum rear yard setback in the R-1, Low Density Urban Residential District, shall be 50 feet.
(4) The minimum rear yard setback in the R-2, Medium Density Urban Residential District, shall be 40 feet.
(c) Minimum Side Yard Setback.
(1) The minimum side yard setback in the R-R, Rural Residential District, shall be 10 feet.
(2) The minimum side yard setback in the R-T, Transitional Residential District, shall be 10 feet.
(3) The minimum side yard setback in the R-1, Low Density Urban Residential District, shall be 8 feet.
(4) The minimum side yard setback in the R-2, Medium Density Urban Residential District, shall be 7 feet.
(Ord. 2004-183. Passed 11-22-04.)
1130A.06 DWELLING AREA REQUIREMENTS.
(a) Minimum Single-Family Dwelling Area.
(1) The minimum floor area of a single-family dwelling in the R-R, Rural Residential District, shall be 2,500 square feet.
(2) The minimum floor area of a single-family dwelling in the R-T, Transitional Residential District, shall be 2,250 square feet.
(3) The minimum floor area of a single-family dwelling in the R-1 Low Density Urban Residential District, shall be 2,000 square feet.
(4) The minimum floor area of a single-family dwelling in the R-2 Medium Density Urban Residential District, shall be 1,800 square feet.
(Ord. 2004-183. Passed 11-22-04.)
1130A.07 MAXIMUM BUILDING HEIGHT.
The maximum building height shall be 34 feet.
(Ord. 2004-183. Passed 11-22-04.)
1130A.08 OPEN SPACE REQUIREMENTS.
(a) Minimum Open Space.
(1) The minimum of 40% open space (as measured over the entire development site) shall be required in the R-R, Rural Residential District.
(2) The minimum of 35% open space (as measured over the entire development site) shall be required in the R-T, Transitional Residential District.
(3) The minimum of 30% open space (as measured over the entire development site) shall be required in the R-1 Low Density Urban Residential District.
(4) The minimum of 25% open space (as measured over the entire development site) shall be required in the R-2 Medium Density Urban Residential District.
(b) Definition. Open space is defined in Section 1103.02(a)(91) and includes otherwise buildable land that is permanently and publicly accessible within the boundaries of the development site. “Buildable land” means land that is suitable for residential development, not encumbered by easements, sublots, water, wetlands, utilities, isolation or restricted areas, topography (greater than 25% slope), or street right-of-way. The Planning and Zoning Commission may allow a percentage of “unbuildable land” encumbered by water or wetlands to be included within the definition of open space (not to exceed 25% of the total open space area) to protect and preserve such areas in accordance with Chapter 1152.
(c) Maintenance, Perpetuation of Open Space, Guarantee of Development. The open space requirement may be accomplished by providing for the retention of open space in common ownership of the individual owners within the development through appropriate legal documents, with appropriate provision to assure continuous maintenance and the use of the common property for the purpose intended. The legal documents shall place unencumbered title to the common property in a form of common ownership representing the residents of the development, shall place responsibility for the management and maintenance of all common property, shall set forth the restrictive covenants, and place responsibility for the enforcement thereof, and shall provide for the subjection of each lot within the development to assessment of its proportionate share of maintenance costs of the common property. Such legal documents shall be filed with the application for approval of the open space requirement and shall be approved as to form by the City Law Director. Such legal documents shall be recorded as deeds or plats are recorded with the County recorder. Or, the open space requirement may be accomplished by an alternative approach approved by the Planning and Zoning Commission pursuant to and in accordance with Chapter 1152.
(Ord. 2004-183. Passed 11-22-04.)
1131.01 PURPOSE.
The purpose of the R-3 Multi-Family Urban Residential District is to encourage multi-family development at densities up to six dwelling units per acre in areas adjacent to community shopping facilities. Development is to consist primarily of multi-family dwellings in groupings which will provide for the efficient development and utilization of community facilities.
(Ord. 1986-20. Passed 3-24-86.)
1131.02 USES.
(a) Principal Uses.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Multi-family dwellings of the duplex, town house or multi-story type.
(b) Conditional Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the requirements of Chapter 1153:
(1) Publicly or privately owned and/or operated outdoor recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies and country clubs.
(2) Public and parochial schools.
(3) Church and other buildings for the purpose of religious worship.
(4) Governmentally owned and/or operated buildings or facilities.
(5) Quasi-public, institutionally or organizationally owned and/or operated recreational, instructional and meeting facilities such as those developed and used by the YMCA, YWCA, Boy Scouts or various fraternal or community service groups.
(6) Institutions for human medical care, hospitals, sanitariums, nursing homes, assisted living facilities, independent senior living facilities, child day care centers, and philanthropic institutions.
(7) Institutions for higher education.
(8) Home occupations.
(9) Public utility services and pertinent structures including utility substations and transformers, but excluding office buildings and storage and distribution facilities.
(10) Oil, gas and brine wells, drilling and operations necessary for their extraction, storage and skimming.
(c) Accessory Uses.
(1) Accessory buildings and uses incidental to the principal use which do not include any activity conducted as a business.
(Ord. 2018-108. Passed 9-10-18.)
(3) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1131.03 LOT REQUIREMENTS.
(a) Single-Family Residence.
(1) Minimum lot area: 13,000 square feet.
(2) Minimum lot frontage: seventy feet.
(3) Minimum front yard depth: seventy feet from road right of way.
(4) Minimum side yard: ten feet each side.
(5) Minimum rear yard: ten feet from rear lot line.
(b) Two-Family Residence.
(1) Minimum lot area 18,000 square feet.
(2) Minimum lot frontage: 100 feet.
(3) Minimum front yard depth: seventy feet from road right of way.
(4) Minimum side yard: ten feet each side.
(5) Minimum rear yard: ten feet from rear lot line.
(c) Multi-Family Residence.
(1) Minimum site area for multiple family developments: 20,000 square feet.
(2) Minimum lot area for each dwelling unit: 7,260 square feet.
(3) Minimum lot frontage: 100 feet.
(4) Minimum front yard depth: fifty feet from road right-of-way.
(5) Minimum side yard: fifteen feet each side.
(6) Minimum rear yard: fifteen feet from rear lot line.
(Ord. 1981-37. Passed 3-23-81, Ord. 1994-95. Passed 9-26-94.)
1131.04 MAXIMUM BUILDING HEIGHT.
Maximum building height shall not exceed three floors or thirty-four feet.
(Ord. 1981-37. Passed 3-23-81.)
1131.05 SITE PLAN APPROVAL REQUIRED.
Site plans of the development shall be subject to, submitted and approved by the Planning and Zoning Commission to insure compliance with the standards set forth in this ordinance. (Ord. 1989-49. Passed 8-28-89.)
1132.01 PURPOSE.
The purpose of the Business District is to provide or promote uses principally to accommodate the sale of retail goods, personal services and administrative establishments, thereby encouraging local or regional shopping areas. It is intended that the design of this district will encourage grouping of business establishments located on a unified site providing adequate off-street parking facilities as well as an efficient and safe method for handling vehicular and pedestrian traffic. (Ord. 1994-110. Passed 11-28-94.)
1132.02 USES.
Within a Business District, no building, structure or premises shall be used, arranged to be used or designed to be used except for one or more of the following uses or similar uses as may be determined by the Planning and Zoning Commission pursuant to Section 1151.01, except that "automobile sales and service" use shall not be considered a similar use (automobile sales and service as a principal use is prohibited).
(a) Principal Uses.
(1) Establishments engaged primarily in retail sales, such as:
A. Food;
B. Prescription drugs sold at retail (excluding marijuana dispensaries);
C. Book and stationery store;
D. Apparel store;
E. Florist shop;
F. Antique store;
G. Sporting goods store;
H. Jewelry store;
I. Optical goods store;
J. Furniture, home furnishings and office equipment and office supply store;
K. Beverage, including liquor;
L. Restaurant, including drive-thru facilities;
M. Mortuary;
N. Monument sales and display;
O. Drive-thru commercial facilities, i.e. beverage;
P. Silk-screening;
Q. Sale of swimming pools and accessories;
R. Graphic and printing stores;
S. Videos, sales and repairs;
T. Sale of pets and pet supplies;
U. Carpet store;
V. Collectibles store;
W. Ceramic and ceramic supplies;
X. Private mailbox stores; and
Y. Technical sales and supply.
Z. Marijuana dispensaries, subject to all the following:
1. No more than a total of two (2) marijuana dispensaries shall be located in the City, regardless of the use district(s) in which they are located.
2. No marijuana dispensary shall be located within 2,000 feet of the boundaries of a parcel of real estate having situated on it another marijuana dispensary.
3. No marijuana dispensary shall be granted a Zoning Certificate without demonstrated compliance with the separation requirements contained in Sections 3796.30 and/or 3780.07 of the Ohio Revised Code, as applicable.
AA. Non-prescription drugs sold at retail, subject to the following:
1. No more than a total of three (3) such establishments shall be located in the City.
2. No such establishment shall be located within 1,000 feet of the boundaries of a parcel of real estate having situated on it another establishment whose principal use is non-prescription drugs sold at retail.
(2) Establishments engaged primarily in the fields of finance, insurance and real estate:
A. Bank, including drive-thru;
B. Credit agency other than banks;
C. Investment firm and companies, and
D. Real estate and insurance companies.
(3) Establishments engaged in providing a variety of services to individuals and business establishments, such as:
A. Personal services such as barber and beauty shops, salons as defined in Ohio R.C. 4713.01 including licensed massage, tanning and other personal services as authorized under Ohio R.C. 4713.42, when clearly an accessory use to the foregoing principal uses, shoe repair shops, laundries and dry cleaning;
B. Miscellaneous business services such as advertising, news syndicates and employment services;
C. Medical and dental office buildings and out-patient clinics;
D. Engineering and architectural services;
E. Legal services;
F. Accounting, auditing and bookkeeping services;
G. Libraries and museums;
H. Private indoor recreation facilities including bowling alleys, tennis clubs and racquetball courts and similar indoor recreational facilities;
I. Printing, blueprinting, newspaper printing, telegraph services,
J. Indoor movie establishments and theatrical playhouses.
K. Motor Vehicle Rental Agency. A motor vehicle rental agency may be permitted subject to the following:
1. Principal use. Motor vehicle rental shall be permitted only where motor vehicle rental agency is permitted as a principal use. Motor vehicle rental agencies shall only be established on properties zoned B, Business District or C-3, Highway Interchange Commercial District.
2. Cleaning. Rental motor vehicle cleaning is limited to the vacuuming of the interior and hand washing of the exterior and interior of the vehicle. Vehicle cleaning is permitted only in an enclosed vehicular preparation area and shall not be open to the public.
3. Principal Structure required. The minimum size of all motor vehicle rental sales offices shall be two thousand (2,000) square feet. No mobile home, recreational vehicle, or other vehicle shall be used as sales offices, storage space or for sleeping purposes.
4. Separation. No motor vehicle rental agency shall be located within two thousand (2,000) feet of the boundaries of a parcel of real estate having situated on it another motor vehicle rental agency.
5. Parts prohibited. The exterior display or storage of motor vehicle parts is prohibited.
6. Sales prohibited. No rental motor vehicles shall be sold or held for sale.
7. Operable, dismantled or damaged vehicles. There shall not be an inoperable, dismantled or damaged motor vehicles outside of the building on the site at any time. All motor vehicles for rental shall be maintained in running condition and the storage of motor vehicles on the site without current registration is prohibited.
8. Outdoor storage/display.
a. Motor vehicles kept on the site for rental purposes are not considered to be outside storage.
b. A motor vehicle display/storage area shall not be located within a required setback, required landscaping area, or required parking space.
c. No motor vehicles shall be displayed on top of a building or in any way displayed above grade (i.e., raised in any way).
9. Noise. The use of loud speakers or other exterior amplification devices that are audible from the exterior of the site shall be prohibited.
10. Entrances and exits. The number, configuration and width of all points of entrance and exit to the site shall be in accordance with Section 1155.03(d) of the Zoning Ordinance and addressed as part of Site Plan or Site Plan Amendment Review as may be applicable.
11. Parking.
a. Driveways, parking lots and loading/unloading areas shall be paved with an approved concrete or asphalt/concrete surface.
b. Adequate access and egress with appropriate turning radii to the site shall be provided as well as adequate queuing and turnaround space on the site so that at no time is street traffic disrupted or blocked by vehicles entering or leaving the site or maneuvering to park on the site.
c. All surfaces shall be maintained in sound condition free of pot holes, weeds and other vegetation, dust, trash, and debris.
12. Enclosed building. All rental motor vehicle maintenance services shall be conducted within an enclosed building.
13. Fueling stations. Neither gasoline or fuel for rental or non-rental vehicles shall be kept, sold or dispensed on the site.
14. Lighting. All lighting shall be designed and installed to prevent glare or excessive light spillover onto adjacent properties or rights-of-way. Security lighting shall be directed toward the building, rather than the area around it. A photometric plan shall be provided in order to verify conformance with this requirement.
15. Landscaping. A landscaped buffer not less than six (6) feet in width shall be provided adjacent to the right-of-way for which the site has frontage as approved by the Planning and Zoning Commission.
(b) Conditional Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the requirements of Chapter 1153:
(1) Nonprofit, professional, charitable and labor organizations;
(2) Private technical schools;
(3) Governmental owned and/or operated buildings;
(4) Quasi-public, institutionally or organizationally owned and/or operated indoor recreational, institutional and meeting facilities;
(5) Public utility service and pertinent structures including utility substations and transformers, but excluding office buildings and storage and distribution facilities;
(6) Massage establishments (as a principal use, or as an accessory use not clearly incidental to the principal use on the premises);
(7) Drive-through and self-service car washes open to the public (as a principal use or as an accessory use), subject to Section 1153.22, in addition to all other applicable requirements for conditional uses;
(8) Radio and television broadcasting station, not including transmission towers;
(9) Veterinarian hospital or clinic;
(10) Institutions for higher education;
(11) Institutions for human medical care, hospitals, sanitariums, nursing homes, assisted living facilities, independent senior living facilities, child day care centers, and philanthropic institutions;
(12) Self-defense, not including pistol and rifle ranges;
(13) Party centers;
(14) Repair services for machinery and equipment, including repair garageand specialty establishments such as motor, body and fender, radiator, motor tune-ups, muffler shops, tire repairing and sales, and
(15) Gasoline service stations.
(Ord. 2024-163. Passed 11-25-24.)
(c) Accessory Uses.
(1) Accessory buildings and uses clearly incidental to the principal uses.
(3) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1132.03 OUTDOOR DISPLAY AND STORAGE AREAS.
Outdoor display and storage areas may be provided in the Business District pursuant to the following regulations:
(a) Outdoor sale, storage and display of goods, supplies and equipment (limited to those sold or used on the premises) are permitted to the extent appropriate to the permitted use, provided that no such activity is located in any required yard or other required open space.
(b) All goods, supplies or equipment shall be screened from any adjacent residential lot and from any street right-of-way by a substantially solid wall or fence specified in Section 1151.23(b).
(c) Outdoor display and storage areas shall be maintained in a neat and orderly fashion.
(d) The site plan, submitted to the Planning and Zoning Commission pursuant to Section 1152, shall indicate:
(1) The area to be used for outdoor display/storage.
(2) Proposed fence locations.
(e) Outdoor storage and/or display areas shall not cover more than fifteen percent of the site area.
(f) Shall not be located in areas intended for vehicular or pedestrian traffic circulation according to the site plan.
(Ord. 1994-110. Passed 11-28-94.)
1132.04 LOT REQUIREMENTS.
(a) The maximum building height shall be thirty-four feet.
(b) The minimum lot frontage shall be fifty feet.
(c) The minimum lot area shall be 10,000 square feet.
(Ord. 1994-110. Passed 11-28-94.)
1132.05 YARD REQUIREMENTS.
(a) Minimum Front Yard Depth. Adjacent to Industrial or Commercial District: fifty feet. Adjacent to Residential District: fifty feet.
(b) Minimum Rear Yard Depth. Adjacent to Industrial or Commercial District: twenty feet. Adjacent to Residential District: forty feet.
(c) Minimum Side Yard Width. The minimum side yard width shall be equal to the height of the proposed structure, but not less than twenty-five feet, except adjacent to Residential District which minimum side yard width shall be fifty feet.
(Ord. 1994-110. Passed 11-28-94.)
1132.06 PARKING AND LOADING REQUIREMENTS.
(Ord. 1994-110. Passed 11-28-94.)
1132.07 SITE PLAN APPROVAL REQUIRED.
Site plans of the development shall be submitted to and subject to approval by the Planning and Zoning Commission to insure compliance with the standards set forth in this chapter.
(Ord. 1994-110. Passed 11-28-94.)
1132.08 INTEGRATED DEVELOPMENT PLAN REVIEW.
(a) In addition to the other provisions contained in Sections 1132.01 through 1132.07, any development of a parcel of land (1) of 25 acres or more, (2) of less than 25 acres but more than 10 acres if subdivided after the effective date of this Section 1132.08, or (3) that more than one use authorized under Section 1132.08(b) is planned shall be subject to the Integrated Development Plan provisions of this Section 1132.08. The term “parcel of land” shall include the development site and all contiguous parcels in the same ownership or control.
The applicable parcels of land shall be developed according to a coherent, integrated plan developed through discussions with the City Planning Director under the guidelines and provisions set forth in this Section 1132.08, with due consideration given to the City Land Use Plan and neighboring developments.
(b) Prior to applying for a zoning certificate (or conditional zoning certificate), an applicant subject to this Section 1132.08 shall submit a Integrated Development Plan of the proposed development project to the Zoning Inspector (the “Plan”). The Plan should include the general location and types of uses permitted or conditionally permitted under Section 1132.02 as modified by Section 1132.08(c) below, including the number of each type; community facilities; location; vehicular circulation concept, including identification of public or private roads and location of major parking areas; pedestrian system; location and type of open space and buffer zones; and proposed utilities. In addition, the applicant shall submit appropriate drawings showing the existing topography, vegetation, generalized soil conditions and other natural features; existing structures on the site and all adjacent properties; existing utilities on the site and on adjacent street rights of way.
The applicant shall include proposed deed restrictions for the project that would restrict the uses of the land and particular development conditions (for example, construction of a buffer zone) to those uses approved under the Plan, including language indicating that the restrictions are intended for the sole benefit of the City and may be modified or amended by the declarants, their respective heirs, executors, administrators, successors, and assignees, in whole or in part, only with the consent of the City by ordinance of Council.
The Plan shall have a minimum buffer zone of 100 feet abutting any residentially zoned land.
(c) Notwithstanding Section 1132.02, the following uses shall not be permitted or conditionally permitted under any Plan: Mortuary; Monument sales and display; Ceramics production or bulk storage of ceramic ingredients; Massage establishments (except “day spas” or salon services); or Pistol and rifle ranges; however any “accessory buildings and uses” incidental and subordinate to the principal uses permitted under Section 1132.02(a) shall be permitted (see Section 1132.02(c)(1)), including, but not limited to, automobile motor tune-ups, service and maintenance, including sales of gasoline and sale and installation of tires, batteries, mufflers, and other automotive parts used in such service and maintenance.
(d) If the development is to be implemented in phases, the Plan shall contain completion dates for all phases of the project, and each phase must have adequate provision for access, parking, storm water management, and other public improvements to serve the site in accordance with City regulations. Each phase shall be provided with buffers or protective areas in accordance with the Plan.
(e) The Zoning Inspector shall within 10 days transmit the Plan (and all accompanying documents) to the Planning and Zoning Commission to be placed on the agenda of its next regularly-scheduled meeting. Thereafter, the Commission shall have 60 days in which to review the Plan and make a recommendation to Council to either (1) approve the Plan, or (2) disapprove the Plan (the Commission shall then inform the applicant of modifications necessary to cause a recommendation of approval of the Plan). The Commission shall submit its recommendation (along with the Plan and all accompanying documents) to Council within three (3) days of its decision. Thereafter, Council shall have 30 days in which to either accept, reject, or modify the recommendation of the Commission. Acceptance of the Plan shall be by ordinance. Upon disapproval of the Plan, the applicant may submit an amended Plan for consideration to Council within 14 days. A super majority vote of Council is required to either reject or modify the recommendation of the Commission.
(f) Upon approval of the Plan, the applicant may apply for a zoning certificate for all or any portion of the project pursuant to procedures in Codified Ordinance Chapters 1107 and 1152. In addition, upon issuance of the zoning certificate, the applicant or developer shall record the approved deed restrictions required under Section 1132.08(b) and provide the Planning and Zoning Commission with a recorded copy within 14 days. Failure to timely record the deed restrictions may result in a revocation of the Plan approval.
(Ord. 2004-184. Passed 12-20-04.)
1132A.01 PURPOSE.
The purpose of the Business Transitional District is to accommodate the sale of convenience retail goods and personal services purchased frequently for daily or weekly needs. The purpose of this district is to encourage groupings of establishments located on an unified site providing adequate off street parking as well as an efficient and safe method of handling vehicles and pedestrian traffic.
(Ord. 2014-35. Passed 4-28-14.)
1132A.02 PERMITTED USES.
Within a Business Transitional District, no building, structure or premises shall be used, arranged to be used or designed to be used except for one of more of the following uses or similar uses as may be determined by the Planning and Zoning Commission pursuant to Section 1151.04:
(a) Principal Uses.
(1) Establishments engaged providing a variety of services to individuals and business establishments, such as:
A. Art gallery, photo, stationery, notion and gift sales.
B. Banks.
C. Barber and beauty shop, salons as defined in Ohio R.C. 4713.01 including licensed massage, tanning and other personal services authorized under Ohio R.C. 4713.42, when clearly an accessory use to these principal uses.
D. Clothing, apparel and variety shop.
E.
Delicatessen, coffee shop, bakery, ice cream parlor, meat market, confectionery, tavern, restaurants excluding those with drive-thru access.
F. Dry cleaning and laundry agency.
G. Florist shop.
H. Hardware store.
I. Professional offices such as medical, dental, architectural, engineering, optical, accounting and legal services.
J. Sporting goods.
K. Dance Studio.
L. Optical.
M. Investment firm and companies.
N. Real estate and insurance companies.
O. Libraries and museums.
P. Printing, blueprinting, copy services.
Q. Employment services.
R. Home entertainment such as video, DVD, game rental.
S. Indoor Recreational Facility.
T. Domestic pet services including grooming, boarding, exercising, and limited retail sales of items related to the same.
(b) Accessory Uses.
(1) Accessory buildings and uses clearly incidental to the principal uses.
(3) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1132A.03 OUTDOOR DISPLAY AND STORAGE AREAS.
Outdoor display and storage areas are prohibited.
(Ord. 2014-35. Passed 4-28-14.)
1132A.04 LOT REQUIREMENTS.
(a) The maximum building height shall be 40 feet.
(b) The minimum lot frontage shall be 150 feet.
(c) The minimum lot area shall be 40,000 square feet.
(Ord. 2014-35. Passed 4-28-14.)
1132A.05 YARD REQUIREMENTS.
(a) Minimum Front Yard Depth. Adjacent to Business or Industrial District: 50 feet. Adjacent to Residential District: 50 feet.
(b) Minimum Rear Yard Depth. Adjacent to Business or Industrial District: 25 feet. Adjacent to Residential District: 100 feet.
(c) Minimum Side Yard Width. Adjacent to Business or Industrial District: 25 feet. Adjacent to Residential District: 50 feet.
(Ord. 2014-35. Passed 4-28-14.)
1132A.06 PARKING AND LOADING REQUIREMENTS.
Parking lots shall be located to the rear of the building and requirements shall be regulated by Chapter 1155.
(Ord. 2014-35. Passed 4-28-14.)
1132A.07 SITE PLAN APPROVAL REQUIRED.
(a) Site plans of the development shall be submitted to and subject to approval by the Planning and Zoning Commission to insure compliance with the standards set forth in this chapter.
(Ord. 2014-35. Passed 4-28-14.)
1137.01 PURPOSE.
The C-3 Highway Interchange Commercial District is established to provide for uses which are compatible only with highway travel and the accommodation of all night and rest stop services. The purpose of this District is not the establishment or encouragement of local or regional shopping areas which would inhibit the use of the interchange for its primary purpose of access between several highways and local roads. Where possible, access roads with controlled egress and ingress to highways and local roads should be encouraged.
(Ord. 1981-40. Passed 3-23-81.)
1137.02 USES.
(a) Principal Uses.
(1) Gasoline service stations subject to Section 1137.07 in addition to all other applicable requirements for permitted uses.
(2) Garage and automotive repair.
(3) Transient hotels.
(4) Refreshment stand.
(5) Restaurant and dining facilities.
(6) Passenger transportation agency and terminal.
(7) Fuel, food and goods distribution station, but excluding coal and coke and bulk storage.
(8) Plant greenhouse.
(9) Private indoor recreation facilities including bowling alleys, tennis clubs and racquetball courts and similar indoor recreational facilities.
(10) New and used car sales. (Ord. 1994-113. Passed 11-28-94.)
(11) Motor vehicle rental agency. A motor vehicle rental agency may be permitted subject to the following:
A. Principal use. Motor vehicle rental shall be permitted only where motor vehicle rental agency is permitted as a principal use. Motor vehicle rental agencies shall only be established on properties zoned C-3, Highway Interchange Commercial District or B, Business District.
B. Cleaning. Rental motor vehicle cleaning is limited to the vacuuming of the interior and hand washing of the exterior and interior of the vehicle. Vehicle cleaning is permitted only in an enclosed vehicular preparation area and shall not be open to the public.
C. Principal structure required. The minimum size of all motor vehicle rental sales offices shall be 2,000 square feet. No mobile home, recreational vehicle, or other vehicle shall be used as sales offices, storage space or for sleeping purposes.
D. Separation. No motor vehicle rental agency shall be located within 2,000 feet of the boundaries of a parcel of real estate having situated on it another motor vehicle rental agency.
E. Parts prohibited. The exterior display or storage of motor vehicle parts is prohibited.
F. Sales prohibited. No rental motor vehicles shall be sold or held for sale.
G. Operable, Dismantled or damaged vehicles. There shall not be any inoperable, dismantled or damaged motor vehicles outside of the building on the site at any time. All motor vehicles for rent shall be maintained in running condition and the storage of motor vehicles on the site without current registration is prohibited.
H. Outdoor storage/display.
1. Motor vehicles kept on the site for rental purposes are not considered to be outside storage.
2. A motor vehicle display/storage area shall not be located within a required setback, required landscaping area, or required parking space.
3. No motor vehicles shall be displayed on top of a building or in any way displayed above grade (i.e., raised in any way).
I. Noise. The use of loud speakers or other exterior amplification devices that are audible from the exterior of the site shall be prohibited.
J. Entrances and exits. The number, configuration and width of all points of entrance and exit to the site shall be in accordance with Section 1155.03(d) of the Zoning Ordinance and addressed as part of Site Plan or Site Plan Amendment Review as may be applicable.
K. Parking.
1. Driveways, parking lots and loading/unloading areas shall be paved with an approved concrete or asphalt/concrete surface.
2. Adequate access and egress with appropriate turning radii to the site shall be provided as well as adequate queuing and turnaround space on the site so that at no time is street traffic disrupted or blocked by vehicles entering or leaving the site or maneuvering to park on the site.
3. All surfaces shall be maintained in sound condition free of pot holes, weeds and other vegetation, dust, trash, and debris.
L. Enclosed building. All rental motor vehicle maintenance services shall be conducted within an enclosed building.
M. Fueling stations. Neither gasoline or fuel or rental or non-rental vehicles shall be kept, sold or dispensed on the site.
N. Lighting. All lighting shall be designed and installed to prevent glare or excessive light spillover onto adjacent properties or rights-of-way. Security lighting shall be directed toward the building, rather than the area around it. A photometric plan shall be provided in order to verify conformance with this requirement.
O. Landscaping. A landscaped buffer not less than six feet in width shall be provided adjacent to the right-of-way for which the site has frontage, as approved by the Planning and Zoning Commission.
(b) Conditional Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the requirements of Chapter 1153:
(1) Public utility services and pertinent structures including utility substation and transformers, but excluding office buildings and storage distribution facilities.
(2) Private outdoor recreation and entertainment, including amusement facilities, drive-in theaters, golf driving ranges and miniature golf courses.
(3) Oil, gas and brine wells, drilling and operations necessary for their extraction, storage and skimming.
(4) Building materials, sales yard and lumber yard, including mill work, provided such mill work is conducted within a completely enclosed building.
(5) Trailer and farm implement sales and services and storage, both new and used.
(Ord. 2024-20. Passed 1-22-24.)
(c) Accessory Uses.
(1) Accessory buildings and uses clearly incidental to the principal uses.
(3) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1137.03 LOT REQUIREMENTS.
(a) The maximum building height shall be thirty-four feet.
(b) The minimum lot frontage shall be fifty feet.
(c) The minimum lot area shall be 10,000 square feet.
(Ord. 1981-40. Passed 3-23-81.)
1137.04 YARD REQUIREMENTS.
(a) Minimum Front Yard Depth. Adjacent to Industrial or Commercial District: fifty feet. Adjacent to Residential District: fifty feet.
(b) Minimum Rear Yard Depth. Adjacent to Industrial or Commercial District: twenty-five feet. Adjacent to Residential District: forty feet.
(c) Minimum Side Yard Depth. Adjacent to Industrial or Commercial District: twenty feet. Adjacent to Residential District: seventy-five feet.
(Ord. 1981-40. Passed 3-23-81.)
1137.05 PARKING AND LOADING REQUIREMENTS.
(Ord. 1981-40. Passed 3-23-81.)
1137.06 GASOLINE SERVICE STATIONS.
Gasoline service stations in the C-3 District shall be developed pursuant to the regulations of Section 1153.23.
(Ord. 1994-113. Passed 11-28-94.)
1137.07 OUTDOOR DISPLAY AND STORAGE AREAS.
Outdoor display and storage areas may be provided in C-3 Districts pursuant to the following regulations:
(a) Outdoor sale, storage and display of foods, supplies and equipment (limited to those sold or used on the premises) are permitted to the extent appropriate to the permitted use, provided that no such activity is located in any required yard or other required open space.
(b) All goods, supplies or equipment shall be screened from any adjacent residential lot and from any street right-of-way by a substantially solid wall or fence specified in Section 1151.23(b).
(c) Outdoor display and storage areas shall be maintained in a neat and orderly fashion.
(d) The site plan, submitted to the Planning and Zoning Commission pursuant to Section 1152, shall indicate:
(1) The area to be used for outdoor display/storage.
(2) Proposed fence locations
(e) Outdoor storage and/or display areas shall not cover more than fifteen percent of the site area.
(f) Shall not be located in areas intended for vehicular or pedestrian traffic circulation according to the site plan.
(Ord. 1994-113. Passed 11-28-94.)
1137.08 SITE PLAN APPROVAL REQUIRED.
Site plans of the development shall be subject to, submitted to and approved by the Planning and Zoning Commission to insure compliance with the standards set forth in this Zoning Ordinance.
__________________________________________________________________
1139.01 PURPOSES.
(a) The purpose of the I-1 Industrial Research and Office District is to provide an environment exclusively for and conducive to the development and protection of modern, administrative facilities and research institutions that are office-like in physical appearance and service requirements.
(Ord. 1980-20. Passed 1-28-80.)
(b) This District is also established to provide for and accommodate industrial uses in the fields of repair, storage, manufacturing, processing, wholesaling and distribution, free from the encroachment of residential, retail and institutional uses unless otherwise specified in this chapter. The uses allowed are those which because of their normally unobjectionable characteristics, can be in relatively close proximity to residential and commercial districts.
(Ord. 1991-34. Passed 7-11-91.)
1139.02 USES.
Within the I-1 Industrial Research and Office District, no building, structure or premises shall be used, arranged to be used or designed to be used except for one or more of the following uses:
(a) Principal Uses.
(1) Off-street public parking lot and garage.
(2) Administrative, executive, financial, accounting, clerical and drafting offices associated with other permitted uses.
(3) Wholesale establishment.
(4) The following types of manufacturing, processing, cleaning, servicing, testing or repair activities which will not be materially injurious or offensive to the occupants of adjacent premises or the community at large by reason of the emission or creation of noise, vibration, smoke, dust or other particular matter, toxic and noxious materials, odors, fire or explosive hazards, glare, heat or electromagnetic disturbances.
A. Bakery goods, candy, cosmetics, pharmaceuticals, toiletries, and food products; except fish or meat products, sauerkraut, yeast and rendering or refining of fats and oils.
B. Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, plastics, precious or semi-precious metals or stones, metal, shell, textiles, tobacco, wax, wood (where saw and planing mills are employed within a completely enclosed building) and yarns.
C. Pottery and figurines, using previously pulverized clay, and kilns fired only with gas or electricity.
D. Musical instruments, toys, novelties, rubber or metal stamps and other small rubber products.
E. Electrical and electric appliances, instruments and devices, television sets, radios, phonographs, household appliances.
F. Laboratories and processing: experimental, film or testing provided no operation shall be conducted or equipment used which would create hazardous, noxious or offensive conditions.
G. Bag, carpet and rug cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust.
H. Blacksmith, welding or other metal working shops, including machine shop operations of the tool, die and gauge types.
I. Carpenter, cabinet, upholstering, sheetmetal, plumbing, heating, roofing, air conditioning, sign painting and other similar establishments.
J. Ice manufacturing and cold storage plant, creamery and bottling plant.
K. Laundry, cleaning and dyeing plant.
L. Stone or monument works not employing power tools; or if employing such tools then within a completely enclosed building.
(5) Warehousing and storage buildings and yards which may include:
A. Contractor's equipment storage yard or storage and rental of equipment commonly used by contractors.
B. Fuel, food and goods distribution station, warehouse and storage but excluding coal and coke. Inflammable liquids and underground storage only if located no closer than 300 feet from an R District.
C. EDITOR'S NOTE: Former subsection (a)(5)C. was repealed by Ordinance 1990-93, passed October 22, 1990.
(6) Administrative, executive, financial, accounting, clerical and drafting offices.
(7) Repair services for machinery and equipment, excluding automotive repair.
(8) Vulcanizing.
(9) Feed and Grain stores and supplies.
(10) Rental agencies.
(11) Governmentally owned and/or operated park.
(b) Conditional Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the requirements of Chapter 1153.
(1) Institutions for human medical care: hospitals, sanitariums, nursing homes, assisted living facilities, independent senior living facilities, child day care centers, and philanthropic institutions..
(2) Plant greenhouse.
(3) Church and other buildings for the purpose of religious worship.
(4) Governmentally owned and/or operated building or facility.
(5) Institutions for higher education.
(6) Private technical schools.
(7) Public utility services and pertinent structures including utility substations and transformers, but excluding office buildings and storage and distribution facilities.
(8) Oil, gas and brine wells, drilling and operations necessary for their extraction, storage and skimming subject to Chapter 1153.
(9) (Editor's Note: Former subsection (b)(9) hereof was repealed by Ord. 2004-183, passed November 22, 2004.)
(10) Lumber yard, building material sales.
(11) Package and/or delivery services and sales of products manufactured or warehoused at the facility, subject to certain limitations:
A. Sales permitted under this section shall be incidental to the permitted principal use.
B. The area dedicated to this use shall not exceed fifteen percent (15%) of the interior floor area.
(12) Rifle and pistol ranges.
(13) Automotive repair.
(Ord. 2024-163. Passed 11-25-24.)
(c) Accessory Uses.
(1) Accessory buildings and uses clearly incidental to the principal uses.
(3) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1139.03 LOT REQUIREMENTS.
(a) The minimum lot frontage shall be 125 feet.
(b) The minimum lot area shall be one acre.
(Ord. 1980-20. Passed 1-28-80. )
1139.04 YARD REQUIREMENTS.
(a) Minimum Front Yard Depth. Adjacent to Industrial or Commercial District: fifty feet. Adjacent to Residential District: 150 feet.
(b) Minimum Rear Yard Depth. Adjacent to Industrial or Commercial District: twenty-five feet. Adjacent to Residential District: 150 feet.
(c) Minimum Side Yard Depth. Adjacent to Industrial or Commercial District: twenty-five feet. Adjacent to Residential District: 150 feet.
(Ord. 1980-20. Passed 1-28-80.)
1139.05 PARKING AND LOADING REQUIREMENTS.
(Ord. 1980-20. Passed 1-28-80.)
1139.06 YARDS ADJOINING ANY RESIDENTIAL DISTRICT.
The area abutting the residential boundary to a depth of fifty feet shall be landscaped and maintained so as to minimize any undesirable visual effects of an industry on adjacent residential uses. The balance of the yard area shall be used for open space or vehicular parking. (Ord. 1980-20. Passed 1-28-80.)
1139.07 OUTDOOR DISPLAY AND STORAGE AREAS.
Outdoor display and storage areas may be provided in I-1 District pursuant to the following regulations:
(a) Outdoor sale, storage and display of goods, supplies and equipment (limited to those sold or used on the premises) are permitted to the extent appropriate to the permitted use, provided that no such activity is located in any required yard or other required open space.
(b) All goods, supplies or equipment shall be screened from any adjacent residential lot and from any street right-of-way by a substantially solid wall or fence erected to a height of not less than four feet, or by planting a strip of land at least eight feet in width with dense landscaping (including substantial all season planting) at least four feet high to obstruct sight and noise, provided that a street oriented outdoor display of a representative limited portion of the goods, supplies or equipment sold on the premises may be permitted without required screening and may be located in a front yard, but no nearer to the right-of-way line than twenty feet, if approved by the Planning and Zoning Commission in accordance with the procedures of Chapter 1152.
(c) Artificial illumination for such display and storage areas shall be designed so that the direct rays from the light source shall not be visible beyond the property lines on which the outdoor display and storage area is located.
(d) Outdoor display and storage areas shall be maintained in a neat and orderly fashion.
(e) The site plan, submitted to the Planning and Zoning Commission pursuant to Chapter 1152 shall indicate:
(1) The area to be used for outdoor display and/or storage,
(2) Proposed fence location, and
(3) The location and type of any artificial illumination devices contemplated.
(Ord. 1994-114. Passed 11-28-94.)
1139.08 SITE PLAN APPROVAL REQUIRED.
Site plans of the development shall be subject to, submitted and approved by the Planning and Zoning Commission to insure compliance with the standards set forth in this ordinance.
(Ord. 1989-49. Passed 8-28-89.)
1141.01 PURPOSE.
The T-1 Mobile Home District is created to provide for the regulation of existing mobile home areas in the City and to regulate the use of mobile homes therein.
(Old. 1980-20. Passed 1-28-80.)
1141.02 USES.
Within the T-1 Mobile Home District, no building, structure or premises shall be used, arranged to be used or designed to be used, except for the following use:
(a) Permitted Use.
(1) Mobile homes for one family dwellings, one per mobile home lot.
(Ord. 1980-20. Passed 1-28-80.)
1141.03 APPLICATION.
When an owner of property desires to establish or modify a mobile home park, he shall apply to the Planning and Zoning Commission for such purpose by submitting to them an application together with a plot plan prepared by and bearing the seal of an Ohio registered engineer, complete in detail, and showing the following:
(a) Location and legal description.
(b) Entrance to and exits from the park.
(c) Vehicular roadways, driveways and pedestrian walks.
(d) Design, showing size and arrangement of mobile home lots and location of roadways, service and utility buildings.
(e) Topography by two foot contour intervals.
(f) Areas set aside for recreation, clothes washing and drying, storage and off-street parking.
(g) Provision for trash and garbage removal.
(h) Gas, electric and phone service connections to each space; service connections shall be underground.
(i) Provision for lighting of roadways, driveways and pedestrian walks.
(j) Water and sanitary sewer and storm sewer availability and distribution lines to each space.
(k) Typical lot plan.
(l) Approval of the City Health Department.
(m) Provisions for fire protection hydrants on a metered system at not more than 350 foot intervals.
(n) Provisions for off-site drainage improvements as required by the City Engineer to prevent downstream erosion or run-off damage.
(Ord. 1980-20. Passed 1-28-80.)
1141.04 GENERAL STANDARDS.
(a) A mobile home park shall have access to adequate streets and highways with pavement not less than thirty-six feet wide.
(b) Environmental factors involved shall assure that livability in a mobile home park may be secured and any adverse effects on surrounding uses or property values eliminated. In considering livability, recognition shall be given to the placement of mobile homes on lots and the availability of schools. There shall be no undue impact on the school district caused by the increased number of school children from the location of the mobile home park.
(c) The mobile home park shall be so arranged that all mobile home lots and accessory buildings shall front on an interior roadway. Any lots abutting a dedicated public right of way shall be fenced and screen planted.
(Ord. 1980-20. Passed 1-28-80.)
1141.05 SPECIFIC REQUIREMENTS FOR MOBILE HOME PARK.
No application for a mobile home park shall be approved by the Planning and Zoning Commission nor shall a mobile home park be permitted thereafter, unless it meets the following requirements:
(a) The minimum width shall be 250 feet.
(b) The minimum front yard set back shall be twenty-five feet except when it fronts on a State highway which shall require fifty feet.
(c) The minimum side yard setback shall be ten feet along interior lot lines, fifteen feet along public side streets except if the side street is a State highway which shall require a minimum of twenty-five feet.
(d) The minimum rear yard setback shall be fifteen feet, except when the rear yard abuts a dedicated public right of way which shall require a minimum of twenty-five feet.
(e) Entrance and exit roadways shall connect to a public street or highway and be not less than thirty-six feet wide. Entrance and exit roadways shall connect into the park roadways so that the roadway system shall be continuous.
(f) All utility installations, including but not limited to electric power lines, telephone lines, television lines and the service connections therefor, shall be underground.
(g) The minimum area for a mobile home park shall be ten acres and the density of mobile home lots shall not be more than ten to the net acre. "Net acreage" means the acreage remaining after the deductions of areas set aside for storage, recreation, clothes drying, garbage and trash collection points, utility and service buildings, roadways, driveways, walkways and off-street parking.
(Ord. 1980-20. Passed 1-28-80.)
1141.06 SPECIFIC MOBILE HOME AND MOBILE HOME LOT REQUIREMENTS.
No application for a mobile home park shall be approved by the Planning and Zoning Commission, nor shall a mobile home park be permitted, unless the mobile home lots and the placement of mobile homes thereof meet the following specific requirements:
(a) Minimum Area of Mobile Home Lot: 3,600 square feet.
(b) Minimum Area of Mobile Home: 400 square feet.
(c) Maximum Height of Structure of Mobile Home: Sixteen feet.
(d) Minimum Width of Mobile Home Lot at Setback Line: Forty feet.
(e) Minimum Length of Mobile Home Lot: 100 feet.
(f) Minimum Front Yard Setback of Lot: Twenty feet. (This shall mean the street side of lot.)
(g) Minimum Rear Yard Setback of Lot: Ten feet. (This shall mean opposite side of front yard.)
(h) Minimum Side Yard on Entry Side of Mobile Home: Twenty feet.
(i) Minimum Side Yard Opposite the Entry Side of the Mobile Home: Five feet.
(j) Mobile homes shall not be closer together than twenty-five feet at side yard and twenty feet at rear yard.
(k) No mobile home shall be placed closer than ten feet to a private interior roadway or driveway. Each mobile home shall have access to the interior park roadway system.
(l) Every mobile home lot shall be provided with a concrete pad not less than ten feet by forty feet to furnish a stable base for the mobile home.
(m) Each mobile home lot in each mobile home park shall be provided with an on- lot parking space for two automobiles. The parking space shall be paved according to the same specifications as the interior streets.
(n) The mobile home bottom shall be enclosed. Enclosure shall be with commercially produced fireproof material and shall completely enclose the mobile home from the bottom of the chassis to the surface of the ground or concrete pad.
(o) No buildings or structures shall be added to a mobile home except a patio, unenclosed or unheated, enclosed porch, or carport. The total square footage for all additional buildings or structures, exclusive of the patio shall not exceed 160 square feet, nor shall they extend more than ten feet from a mobile home.
(Ord. 1980-20. Passed 1-28-80.)
1141.07 MOBILE HOME PARK FACILITIES BUILDING.
(a) An enclosed facilities building of a minimum of 2,000 square feet with space devoted to office, laundry, toilet and recreation shall be provided in each mobile home park and no application shall be approved by the Planning and Zoning Commission and no mobile home park shall be permitted without one.
(b) The following minimum yard requirements shall apply to any mobile home park facilities building:
(1) Minimum front yard: fifty feet.
(2) Minimum side yard: twenty-five feet.
(3) Minimum rear yard: twenty-five feet.
(c) The maximum building height shall be twenty-five feet.
(Ord. 1980-20. Passed 1-28-80.)
__________________________________________________________________
1143.01 PURPOSE.
The purpose of the R-G Residential-Golf Course Community District is to provide text and map for an area that was the subject of a 2003 federal court settlement agreement between the City and the landowner. The District incorporates the provisions of the settlement agreement and integrates those with the surrounding Districts. The 2003 federal court settlement agreement is incorporated into this text by reference; where there is an inconsistency between the agreement and these regulations, the agreement shall control.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
1143.02 USES.
(a) Principal Uses.
(1) Single-family dwelling, attached and detached, with a minimum of 25% detached single-family dwellings.
(2) Publicly or privately owned and operated outdoor recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies, and country clubs.
(1) Publicly or privately owned and operated recreational facilities containing extensive open space and preserving natural features of the area including recreation areas, day camps, private parks and including overnight uses such as campgrounds, summer camps, health camps and group accommodations.
(Ord. 2004-183. Passed 11-22-04.)
1143.03 LOT REQUIREMENTS.
(a) The minimum lot area shall be as determined by the Planning and Zoning Commission.
(b) The minimum lot width at the building setback line shall be 70 feet for all detached single-family dwellings.
(c) The minimum lot frontage shall be 50 feet.
(Ord. 2004-183. Passed 11-22-04.)
1143.04 YARD REQUIREMENTS.
(a) The minimum front yard setback shall be as determined by the Planning and Zoning Commission.
(b) The minimum rear yard setback shall be as determined by the Planning and Zoning Commission.
(c) The minimum side yard setback shall be 14 feet between buildings and 7 feet from the sublot line.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
1143.05 MAXIMUM DENSITY.
The maximum residential density (total units per development site) shall be “net developable area” multiplied by 0.75 dwelling units per acre.
(Ord. 2003-183. Passed 11-22-04.)
1143.06 OPEN SPACE.
The minimum open space within a new residential development site shall be 15% of the total area to be developed residentially.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
1143.07 DWELLING AREA REQUIREMENTS.
(a) The minimum habitable floor space of a single-family detached dwelling shall be 2,000 square feet.
(b) The minimum habitable floor space of a single-family attached dwelling shall be 1,700 square feet.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
1143.08 PLAN AND PLAT APPROVAL REQUIRED.
Residential developments shall be subject to Plat Review (Chapter 1177) and Site plan Review (Chapter 1152) by the Planning and Zoning Commission to insure compliance with applicable standards. Non-residential developments or uses may be subject to Site Plan Review, see Chapter 1152.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
1145.01 PURPOSE.
The R-O Residence Office District is established to:
(a) Provide sufficient land area for the residence office needs of the community and to insure the availability of suitably designated areas for office and multiple family uses by discouraging undesirable mixtures of unrelated uses in the area.
(b) To locate offices and multiple family residential uses adjacent to necessary supporting commercial activities and to utilize the zoning district where appropriate as a buffer between single-family and commercial activities in order to stabilize residential and business development and enhance property values.
(c) To encourage the tendency of businesses to group in centers for their mutual advantage.
(d) To integrate compatible residential and office business uses, which have similar site characteristics such as building massing, parking and vehicular movements and landscaping requirements.
(Ord. 1981-42. Passed 3-23-81.)
1145.02 USES.
(a) Principal Uses.
(1) Multiple family residences including townhouses and garden apartments.
(2) Administrative or professional offices and service but excluding activities selling goods on the premises, except as permitted by subsection (a)(5) hereof. Permitted activities include: banking and finance companies, securities sales and service, legal services, architectural services, engineering services, governmental administrative offices, administrative offices and for businesses, utilities and similar organizations.
(3) Medical and dental office buildings and out-patient clinics.
(4) Public and private educational facilities including business and commercial technical schools, art schools, dancing schools.
(5) Convenience commercial facilities not exceeding twenty percent (20%) of the gross floor area of the building or buildings on the zoning lot. Convenience commercial shall include: retail uses when primarily serving the daily needs of occupants, tenants or visitors and guests to a principal use or uses for activities on the same zoning lot and including stores and shops for retail sale of all types of personal and household needs to include drugs, dry goods, wearing apparel, flowers, periodicals, gift items; personal service establishments such as shoe repair, barber and beauty shops; restaurants.
(b) Conditional Uses. The Planning and Zoning Commission may issue conditional zoning certificates for uses listed herein subject to the requirements of Chapter 1153:
(1) Public and parochial schools.
(2) Quasi-public, institutional or organizationally owned and/or operated indoor recreational, instructional and meeting facilities such as those developed and used by the YMCA, YWCA, Boy Scouts or various fraternal or community service groups.
(3) Churches and other buildings for the purpose of religious worship.
(4) Institutions for human medical care, hospitals, sanitariums, nursing homes, assisted living facilities, independent senior living facilities, child day care centers, and philanthropic institutions.
(5) Libraries and museums.
(6) Bank and auto drive-up tellers provided that a minimum of four vehicle waiting spaces are provided for each drive-up teller window and provided further that the waiting space area shall be developed according to the appropriate general parking regulations in Section 1155.03.
(7) Private technical schools.
(8) Home occupations.
(9) Public utility services and pertinent structures including utility substations and transformers, but excluding office buildings and storage distribution facilities.
(10) Publicly or privately owned and/or operated recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies and country clubs.
(11) Oil, gas and brine wells, drilling and operations necessary for their extraction, storage and skimming.
(Ord. 2018-108. Passed 9-10-18.)
(c) Accessory Uses.
(1) Accessory buildings or uses clearly incidental to the principal uses.
(3) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1145.03 MINIMUM LOT AREA AND LOT WIDTH.
(a) When a parcel of land in the Residence Office District is developed for residential purposes, in whole or in part, the minimum land area shall be one-half acre and the minimum lot width shall he 100 feet.
(b) The minimum land area for office development shall be not less than one acre and the minimum lot width shall be not less than 150 feet.
(Ord. 1981-42. Passed 3-23-81.)
1145.04 MINIMUM DIMENSION FOR REQUIRED YARDS.
The minimum depth for the required front yard and rear yard, the minimum width for the required side yards are specified as follows:
Required setback when the adjacent property line does not abut a single family residential zoning district | Required setback when adjacent property line abuts a single family residential district | |
Front Yard | 50 | 50 |
Side yard (each) | 35 | 50 |
Rear yard | 35 | 50 |
(Ord. 1981-42. Passed 3-23-81.)
1145.05 BUILDING HEIGHT.
A building structure for permitted principal use or conditional use, shall not exceed thirty-four feet in height; and any building or structure for permitted accessory use shall not exceed twenty feet in height, except for permitted height exceptions pursuant to Section 1151.02.
(Ord. 1981-42. Passed 3-23-81.)
1145.06 SITE PLAN APPROVAL REQUIRED.
Site plans of the development shall be subject to, submitted and approved by the Planning and Zoning Commission to insure compliance with the standards set forth in this ordinance.
(Ord. 1989-49. Passed 8-28-89.)
__________________________________________________________________
1147.01 PURPOSE.
The purpose of the C-R District is to:
(a) Provide areas where flexible and innovative combinations of predominantly commercial, office and residential land uses and ancillary uses can be developed with unified site design;
(b) Provide a living, working and shopping environment within the layout of unified site(s) that contribute to a sense of community;
(c) Provide a development framework that obtains commercial and residential activity that significantly improves/enhances the economic base of the City while also balancing the preservation and enhancement of natural amenities/features of the land.
(Ord. 2014-22. Passed 3-24-14.)
1147.02 USES.
Within the C-R District the following uses are either permitted as of right, conditionally permitted after obtaining a conditional use certificate or are accessory uses incidental to the principal uses:
(a) Permitted Uses.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Retail, personal and financial service uses that serve the site residents as well as the City and surrounding area to include restaurants.
(4) Professional, administrative or executive offices.
(5) Indoor and outdoor recreation/entertainment facilities including but not limited to health and racquet clubs, tennis courts, swimming pools, movie theaters, community theater, etc.
(6) Libraries, post office branches.
(7) Uses similar in character and in keeping with the intent of the district as determined by the Planning Commission as per Section 1151.04.
(8) Accessory uses incidental to the principal use.
(b) Conditional Uses. The Planning Commission may issue conditional zoning certificates for the following uses subject to requirements of Chapter 1153.
(1) Day care facilities.
(2) Institutions for human/medical care, nursing homes, hospitals, sanitariums, assisted living facilities, independent senior living facilities, child day care centers, and philanthropic institutions.
(3) Nonprofit charitable/civic organizations, offices/meeting or instructional facilities of the nonprofit, civic organizations.
(4) Public utility facilities.
(5) Taverns.
(Ord. 2024-20. Passed 1-22-24.)
(c) Accessory Uses.
(1) Accessory buildings and uses clearly incidental to the principal uses.
(3) Small Solar Facilities as regulated by Section 1151.35 of this Zoning Ordinance. (Ord. 2025-124. Passed 9-8-25.)
1147.03 DEVELOPMENT STANDARDS.
The Planning Commission shall have the ability to deviate from the following standards as may be necessary to accommodate ownership of individual lots comprising the integrated development site.
(a) Minimum Integrated Development Site Size. Twenty acres under the total control of the integrated development site applicant.
(b) Minimum Individual Lot Size. Within an already approved integrated development site only, five acres under the total control of the individual lot applicant.
(c) Minimum Individual Lot Size for Residential Uses.
(1) Single-family detached dwellings: 16,000 sq. ft.
(2) Two-family dwellings: 18,000 sq. ft.
(d) Integrated Development Site Perimeter Standards.
(1) Front yard depth: 35 feet from road right-of-way.
(2) Side and rear yard depth: (see yard definitions)
A. 25 feet if project is adjacent to a nonresidential district.
B. 75 feet for nonresidential structure adjacent to a residential district.
C. 50 feet for multi-family structures adjacent to a residential district.
D. 30 feet for single and two-family units.
(3) Minimum lot width at the building line of the integrated development site: 300 feet.
(4) Minimum integrated development site frontage: 300 feet.
(5) Maximum building height: 34 feet.
(e) Individual Lot Standards for Nonresidential Uses:
(1) Front yard depth: Minimum distance of all structures from the road right- of-way: 35 feet.
(2) Minimum Side Yard Width and Rear Yard Depth (see yard definitions).
A. 25 feet adjacent to a nonresidential district or use.
B. 40 feet adjacent to a residential district or use.
(3) Minimum individual lot frontage: 150 feet.
(4) Minimum lot width at the building line: 150 feet.
(5) Maximum building height: 34 feet.
(f) Individual Lot Standards for Single Family Detached Dwellings:
(1) Minimum Front Yard Depth: 50 feet.
(2) Minimum Rear Yard Depth: 50 feet.
(3) Minimum Side Yard Width:
A. 16 feet adjacent to a nonresidential district or use.
B. 8 feet adjacent to a residential district or use.
(4) Minimum individual lot frontage: 80 feet.
(5) Minimum lot width at the building line: 80 feet.
(6) Maximum building height: 34 feet.
(g) Individual Lot Standards for Two-Family Dwellings:
(1) Minimum Front Yard Depth: 50 feet.
(2) Minimum Rear Yard Depth: 30 feet.
(3) Minimum Side Yard Width:
A. 20 feet adjacent to a nonresidential district or use.
B. 10 feet adjacent to a residential district or use.
(4) Minimum individual lot frontage: 100 feet.
(5) Minimum lot width at the building line: 100 feet.
(6) Maximum building height: 34 feet.
(Ord. 2018-102. Passed 8-13-18.)
1147.04 LANDSCAPING/SCREENING.
At a minimum the following landscaping/screening requirements shall apply in addition to any requirements of site plan review:
(a) When an integrated development site or individual lot is adjacent to a residential district or use a twenty foot wide landscaped buffer strip along the residential district boundary or lot line as may be applicable shall be planted. Said buffer strip shall be at least six feet in height at the time of planting and shall consist of a combination of deciduous and coniferous trees and bushes to provide year-round screening. Sight obscuring fencing, approved by the Planning Commission, may be used in lieu of screening or in appropriate combination with. If the existing tree and vegetation cover provide sufficient obscuring effect, or can be blended with infill evergreens to achieve the desired effect, then the existing vegetation and tree stands shall not be removed or disturbed but shall be used to enhance the aesthetics and environment of the integrated development site and/or individual lot and surrounding area.
(b) When the integrated development site or individual lot as may be applicable is adjacent to a nonresidential use or district, then the Planning Commission shall require a ten foot wide landscaped buffer strip along the nonresidential district boundary or lot line as may be applicable shall be planted. Said buffer strip shall be at least six feet in height at the time of planting and shall consist of a combination of deciduous and coniferous trees and bushes to provide year-round screening. Sight obscuring fencing, approved by the Planning Commission, may be used in lieu of screening or in appropriate combination with. If the existing tree and vegetation cover provide sufficient obscuring effect, or can be blended with infill evergreens to achieve the desired effect, then the existing vegetation and tree stands shall not be removed or distributed but shall be used to enhance the aesthetics and environment of the integrated development site and/or individual lot and surrounding area.
(c) All existing natural and planted landscaping and fencing shall be maintained in perpetuity to insure the continuous integrity and intent of the screening.
(Ord. 2014-22. Passed 3-24-14.)
1147.05 PARKING AND LOADING.
Parking and loading requirements shall apply to an integrated development site and/or individual lots, as may be applicable, per Chapter 1155, except for yard restrictions where the following shall apply:
(a) Required off street parking facilities may occupy perimeter setback areas, to within twenty feet of the property line but may not occupy required open area between buildings, nor infringe into other open space areas required.
(b) Parking areas may not be located within twenty feet of the road right of way nor within ten feet of any residential structures unless garages are attached to dwelling units. Parking areas shall be designed to minimize extent to which residential structures will be surrounded by parking on more than one side.
(c) A ten foot wide landscaped strip shall be planted between parking areas and street rights of way.
(d) A minimum five foot wide landscaped strip shall be planted between residential parking areas and the residential structures.
(e) When parking areas are located adjacent to a residential district or use, the parking area shall be screened from the adjacent residential district by a ten foot wide screen of at least six feet in height at the time of planting. Screen plantings should consist of a combination of deciduous and coniferous trees and bushes to provide year-round screening.
(f) When nonresidential parking areas are adjacent to residential living areas, within the project, the parking area shall be screened from the residential area by a twenty foot wide screen of at least six feet in height at the time of planting. Screen plantings shall consist of a combination of deciduous and coniferous trees and bushes to provide year-round screening. A combination of fencing and landscaping may be used as determined by the Planning Commission to achieve the same effect. (Ord. 2014-22. Passed 3-24-14.)
1147.06 INTEGRATED DEVELOPMENT PLAN REVIEW AND APPROVAL.
In addition to conforming to the standards of Chapter 1152, a C-R District development shall be reviewed in conformance to the provision of this chapter prior to the issuance of a zoning certificate.
(a) Integrated Development Plan.
(1) General. An applicant requesting a zoning certificate for a C-R development shall submit an overall integrated development plan of the entire project area/site to the Zoning Inspector. The integrated development plan should include the general location and types of structures and dwelling units including numbers for each type; community facilities; location and type; vehicular circulation concept including identification of public and/or private roads and location of major parking areas; pedestrian system; locations and amounts of open space and types of facilities to be developed; and proposed utilities. In addition to the C-R integrated development plan, the applicant shall submit appropriate drawings showing the existing topography, vegetation, generalized soil conditions and other natural features; existing structures on the subject property and all adjacent properties; existing utilities on the site and on adjacent street rights-of-way.
(2) Deed restrictions. The integrated development site or individual lot applicant, as may be applicable, shall include proposed deed restrictions for the subject premises which would require conformance of the uses of the property to applicable zoning and subdivision regulations of the City and include language indicating that the restrictions of the declaration of deed restrictions are intended for the sole benefit of the City and may be modified or amended by the declarants, their respective heirs, executors, administrators, successors and assigns, in whole or in part, only with the consent of Council by an ordinance duly adopted by Council as evidenced by its minutes.
(3) Mix of uses. Each integrated development site shall have a minimum mixture of two or more different nonresidential uses i.e., retail, office, residential, recreation, hotel, etc. The integrated development plan shall contain approved areas for permanently developed retail, office, recreational, hotel or other sufficient revenue producing uses of not less than twenty-five percent (25%) of the total acreage of the integrated development site. The site shall be developed according to a coherent, integrated development plan. The development plan shall contain completion dates for all phases, as may be applicable. All individual lots comprising the integrated development site shall be interconnected by pedestrian walkways.
(4) Phasing. 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 Zoning Ordinance and City Subdivision Regulations. Each phase shall be provided with buffers or protective areas in accordance with the integrated development plan.
(5) Planning Commission review. The Zoning Inspector shall transmit the application including the materials submitted in accordance with provisions of this chapter to the secretary of the Planning and Zoning Commission to be placed on the agenda for the next Commission meeting. The Commission shall have a maximum of ninety days in which to review the application and to either approve the application, disapprove the application or inform the applicant of modification necessary to bring the application into conformance with all applicable ordinances.
(6) City Council approval. Upon approval of the integrated development plan by the Planning and Zoning Commission, the material submitted and reviewed by the Commission shall be transmitted promptly to Council. Within sixty days, Council shall review and consider whether Planing and Zoning Commission approval of the integrated development plan should be confirmed or confirmed as modified by amendments thereto adopted by Council. If Council confirms the integrated development plan as submitted or modified, the applicant is authorized to proceed with the final development plans pursuant to subsection (a)(7) hereof. If Council does not confirm the approval of the Planning and Zoning Commission, the integrated development plan is determined to be disapproved. Any subsequent modification to an approved integrated development plan shall be submitted to Council for its approval.
(7) Effect of City Council approval. Upon confirmation of an approved integrated development plan, the applicant is authorized to apply for a zoning certificate for all, or any portion thereof, of the integrated development plan pursuant to procedures of Sections 1107.01 and 1107.02 and the requirements of Chapter 1152 of the Codified Ordinances. A zoning certificate for a residential use shall not be issued unless a minimum of one nonresidential use has been approved. Development of residential uses only, without any nonresidential uses shall be prohibited. As additional assurance that the property is in fact developed in accordance with the integrated development plan, the developer, prior to the issuance of a zoning certificate, shall submit to the City, in form satisfactory to the Law Director, deed restrictions for the entire integrated development site requiring that the site be developed for use in accordance with the approval integrated development plan. Such restrictions shall provide that any amendments thereto must receive the approval of Council and that the City as a third party beneficiary, may enforce the restrictions.
(Ord. 2014-22. Passed 3-24-14.)
1147.07 SITE PLAN APPROVAL REQUIRED.
(a) Site plans of the integrated development site or individual lot(s), as may be applicable, shall be submitted for site plan review and approval by the Planning Commission to insure compliance with the standards set forth in this chapter. In addition to the requirements of Chapters 1152, the integrated development site or individual lot applicant shall submit a community impact statement with the site plan application that details the impact on community facilities of the proposed development when completed. This information shall be used to help determine the need for any additional improvements deemed necessary and reasonable beyond what is proposed by the integrated development site or individual lot applicant. If the project is in phases, the impact statement shall be broken down by these phases. At a minimum this statement shall include measurable impact on:
(1) Traffic: Vehicular trips projected and how those trips are distributed to the City’s street network to determine additional traffic loads placed on arterials and collectors;
(2) Amount of water supply and sewage effluent to be generated by the project;
(3) Additional children to be added to local public school systems;
(4) If the City concludes that the proposed development will challenge the capacity of existing City infrastructure, it shall be the integrated development site or individual lot applicant’s, as may be applicable, obligation to include within the impact statement appropriate plans for necessary enhancement of the infrastructure for the proposed development and all phases thereof. The cost of the enhancement of the infrastructure shall be borne by the developer.
(b) Failure to obtain a zoning certificate and begin construction within two years of the approved start date of the development or for each phase starting date as approved on the site plan shall render the site plan approval null and void and the applicant must resubmit site plans for review and approval. (Ord. 2014-22. Passed 3-24-14.)