(A)   In order to implement this chapter, and to achieve the objectives in §§ 154.001 through 154.004, the entire municipality is hereby divided into the following zoning districts:

 

   (B)   Agricultural Reserve - A-R Zoning District. 

      (1)   The A-R district is intended to protect predominately agricultural land from intense and disorderly development. Territory located on the periphery of the corporate limits is generally agricultural/undeveloped or sparsely developed. As such areas are annexed to the city it is the intent of this district to preserve and maintain the present land uses until such time that proper infrastructure can be extended to adequately serve such property to accommodate orderly development.

      (2)   Area and bulk regulations: refer to § 154.032. Land uses in an A-R zoning district: for a general listing of permitted and special uses, refer to § 154.033.

   (C)   Single-Family Residential - R-1 Zoning District. The R-1 district is intended to provide low-density residential development, including those uses that reinforce residential neighborhoods, and to allow certain public facilities.

      (1)   Area and bulk regulations: Refer to § 154.032.

      (2)   Land uses in an R-1 zoning district: single family dwellings and related accessory uses are permitted. For a general listing of permitted and special uses, refer to § 154.033.

      (3)   Off street parking requirements: refer to § 154.081.

   (D)   Single-Family Residential - R-1A Zoning District. The R-1A low density zoning district is established to stabilize and conserve existing neighborhoods that predominately consist of single family dwellings. This district is also intended to promote the development of comparable new areas in order to accommodate all persons desiring this type of residential development. This district is also intended to be used as a buffer between single family dwellings and different uses/districts such as commercial/industrial uses or multi-family uses. It shall be at the discretion of the Planning Commission and the City Council as to where these R-1A districts will be permitted.

      (1)   Area and bulk regulations: refer to § 154.032.

      (2)   Land uses in an R-1A zoning district: single family dwellings and related accessory uses are permitted. For a general listing of permitted and special uses, refer to § 154.033.

      (3)   Off street parking requirements: refer to § 154.081.

   (E)   Single-Family Residential - R-1E Zoning District. The R-1E low density zoning district is intended to allow for development of single-family dwellings and related facilities on lots two acres and larger. This district will preserve the community character of the area with well-buffered, well-landscaped neighborhoods, while allowing for other residentially-related uses such as churches, parks and recreational areas, conservation areas, and schools which are compatible with the character of the district. The intention of this zoning district is to allow a more economically feasible development of larger lot subdivisions by reducing the need for stormwater management infrastructure as well as reducing the requirements for roads and sidewalks within the development due to the decrease in population density of these areas. The keeping of chickens is permitted; refer to § 90.06 of the Code of Ordinances.

      (3)   Off street parking requirements: Refer to § 154.081.

      (1)   All new uses or changes in use in the C-1 zoning district shall require a site plan review.

            1.   Animal groomers;

            2.   Art galleries, libraries, and museums;

            3.   Banks, financial institutions (excluding stand-alone ATMs), post offices, government office uses, and other similar uses;

            4.   Fitness centers, gyms, and health clubs;

            5.   Offices - public, professional or service (no overnight company vehicle parking);

            6.   Personal care - barber shops, beauty or nail salons, and spas;

            7.   Restaurants - sit-down restaurants with or without liquor licenses.

            1.   Accessory structures - as part of an approved site plan and in compliance with § 154.031;

            2.   Arcades, pool halls, and similar amusements;

            3.   Bars and taverns;

            4.   Daycare centers, nursery and preschools, and similar uses;

            5.   Dry cleaners and laundromats;

            6.   Medical and dental offices, clinics, urgent care offices (no 24-hour facilities);

            7.   Residential dwelling units located above street level;

            8.   Restaurants - carry-out;

            9.   Retail establishments;

            10.   Schools - business or commercial;

            11.   Studios - art, dance, music and similar instructional uses.

            1.   Dwelling units are not permitted on the ground floor.

            3.   All drive-through establishments shall provide adequate screeening, buffering and/or sound abatement to minimize excessive noise and spillover light. Noise levels shall be 1.5 decibels or less at all property lines.

            4.   Retail establishments are prohibited from selling age-restricted products in C-1.

            5.   Video gaming cafes or parlors as defined in § 154.005 are prohibited in C-1. Video gaming machines as an accessory use shall not be visible from the street or located in the front of the premises.

         (a)   Neon lighting is prohibited.

         (b)   No graphic shall have blinking, flashing, or fluttering lights which have a changing light intensity, brightness, or color. Beacon lights are prohibited.

         (c)   The illumination area shall be included in graphic areas allowances.

         (d)   The light from any illuminated graphic shall be shaded, shielded or directed so as to avoid a nuisance to persons on adjacent property or create a traffic hazard.

         (e)   No exposed reflective-type bulb and no strobe light or incandescent lamp which exceeds 15 watts or equivalent shall be used in the exterior surface of any graphic in such a manner as to expose the face of the bulb, light, or lamp to any public street or adjacent property.

         (g)   Electronic message center signs (EMCS) are prohibited.

   (J)   General Commercial - C-2 Zoning District. The C-2 business district is primarily intended to accommodate a wide range of retail, service, and office use, but with a lesser intensity than the C-3 Highway Commercial District. Within this district, it is the purpose of these regulations to facilitate the establishment of conditions suitable for the operation of small businesses catering to the public. The district is established to provide the local community and to a lesser extent passing motorists with uses similar to those found in the C-3 Highway Commercial but with an emphasis on smaller scale operations. Typically, this district would be located along thoroughfares and at the intersections of collector streets and arterial streets within the City of Troy and the 1.5 mile planning radius outside the city limits. Compatibility with nearby residences and businesses is paramount and should be reflected in the design and site layout of buildings and structures within the district. The uses in the C-2 district should constitute an integral part of the surrounding area in which they are located and should be a medium impact usage.

      (1)   (a)   All new buildings or building renovation projects in the C-4 district will be evaluated on the plans submitted to the Building and Zoning Department. The requirements for setbacks, parking, exterior finishes, and other city code compliance shall be at the discretion of the Code Enforcement Official and shall be based on the character of the existing adjacent properties.

         (b)   At the request of the Code Enforcement Official, any plans shall be brought to the Planning Commission for review and approval including projects with multiple buildings or tenants, unique circumstances such as poor visibility or irregularly shaped sites, or when a uniquely creative approach to development or design is proposed.

      (1)   The C-5 district is established to permit and encourage the development of a mixed-use neighborhood which will promote a strong sense of place and reflect market demand. The district's primary objective is to create a unique blending of human habitation and economic activity. The district represents the city's commitment to residents' quality of life, sustainability, and smart growth by adhering to the following principles:

      (2)   All plans submitted to the Building and Zoning Department for new buildings, renovations, or changes in use in the C-5 district will be reviewed and approved by the Planning Commission. The review will include compliance with the requirements for setbacks, parking, exterior finishes, and other applicable sections of the city code.

            1.   Amusement, entertainment, sporting, and similar indoor establishments.

            2.   Bakeries, cafes, coffee houses, and restaurants without drive-throughs.

            3.   Banks, financial institutions, post offices, government office uses, and other similar uses.

            4.   Bars, lounges, taverns, and wineries without vineyards.

            5.   Daycare centers and preschools.

            6.   Fitness centers, gyms, and health clubs.

            7.   Mass transit facilities.

            8.   Medical and dental offices, clinics, urgent care offices.

            9.   Offices - public, professional, service, and similar office uses.

            10.   Parks and similar outdoor recreation areas.

            11.   Personal care - barber shops, beauty or nail salons, spas.

            12.   Pet services (indoor) - boarding, daycare, grooming, training, and veterinary care.

            13.   Places of assembly - auditoriums, art galleries, churches and places of worship, meeting rooms, and other similar uses.

            14.   Residential dwelling uses located above street level.

            15.   Retail establishments.

            16.   Studios - art, dance, music, and similar instructional uses.

            1.   Accessory uses.

            2.   Assisted and independent living facilities, convalescent homes, rehabilitation centers, and skilled care facilities.

            3.   ATMs - stand alone.

            4.   Automobile - car washes, minor repair service facilities.

            5.   Hotels and motels.

            6.   Planned developments.

            7.   Restaurants with drive-throughs, service windows, or outdoor dining.

            8.   Schools - colleges, universities, technical, and trade schools.

            9.   Schools - elementary and high school.

         (c)   Conditions of use.: All uses and structures in this district shall be subject to the following requirements:

            1.   Dwelling units are not permitted on the ground floor.

            2.   Drive-through lanes are accepted in C-5 with a maximum of two lanes.

            3.   All drive-through establishments shall provide adequate screening, buffering, and sound abatement to minimize excessive noise and spill-over light. Noise levels shall be 1.5 decibels or less at all property lines or residential uses.

            4.   Manufacturing prohibited: no manufacturing or processing of material shall occur in C-5 for off-premises consumption or use. Only incidental processing may occur on a lot in the C-5 district.

            5.   Outside building or storage: not permitted in C-5.

            6.   Video gaming cafes or parlors as defined in § 154.005 are prohibited in C-5. Video gaming machines as an accessory use shall not be located in the front of the premises or be visible from the exterior.

            7.   Outdoor dining is prohibited on the front facade or street frontage side. Outdoor dining is allowed in the area by the restaurant entrance or in an adjacent side yard, if available.

         (a)   Cross-access easements and shared parking agreements shall be provided as part of all off-street parking facilities.

         (b)   Blocks are to be designed around internal circulation to the rear of the buildings.

         (c)   Parking between the principal building and the public right-of-way is prohibited.

         (d)   Off-street parking shall not be accessed from a primary road.

         (e)   Parking is prohibited in the front facade.

         (f)   Parking may be allowed in a side yard for properties fronting on a secondary street but may not represent more than 33% of block frontage.

         (g)   All off-street parking shall be designed with a marked and safe path from the parking area to a building entrance or a sidewalk/path leading to a building entrance.

         (h)   In a mixed-use development, the required number of "resident only" parking spaces shall be provided and appropriately designated.

         (i)   Any off-street parking along, abutting, or visible from a secondary street shall have a three-foot hedge or similar shrubbery border providing a 100% screen along the secondary street.

         (a)   Sign lighting must be off when the business is closed.

         (b)   The light from any illuminated graphic shall be shaded, shielded, or directed to avoid a nuisance to persons on the same or adjacent property or create a traffic hazard.

         (c)   Flush-mounted graphics are allowed along the street frontage at 50% of the size of the storefront and are not included as part of the tenant's overall allowable signage.

         (d)   Only monument and shopping/office center graphics are permitted and shall match the architectural theme of the development. Other freestanding graphics as noted in § 155.04(D) are prohibited.

         (e)   Sandwich board signs (or "A-frame" type signs) may be placed on the sidewalk but shall not intrude into a four-foot pedestrian access route. Sandwich board signs must be removed from the sidewalk at dusk until dawn.

         (f)   Electronic message center signs (EMCS) are prohibited.

         (g)   Video gaming signage or advertisements are prohibited.

         (h)   Sign walkers are prohibited.

            1.   Regardless of the number of access connections, all adjacent properties within the district shall develop alternative access and interconnect to adjacent parcels so pedestrians and vehicles can circulate between them without using the abutting public roadway.

            2.   Primary streets shall be those carrying more traffic, serving as the main access to and through streets in the district, and typically have an arterial or collector functional classification. Wide parkways with trees and landscaping along the sides are encouraged. All other streets shall be secondary streets, classified as collector or local, and should be boulevard-style with trees and landscaping. Primary streets in this district shall include U.S. Highway 40, Formosa Road, Spring Valley Road, Collinsville Road, and the future extension of SrA Bradley Smith Boulevard. The Code Official may designate other streets as primary streets based on the criteria listed in this section and how the street will function. The City Engineer shall determine the right-of-way and cross-section of all streets.

               A.   No direct land access or driveways are provided to this category of roadway.

               B.   Intersection spacing of primary city streets shall be a minimum of one-quarter mile measured from center to center.

               C.   No secondary street connections shall be allowed to any street with a principal arterial functional classification. The only street with a principal arterial functional classification in this district is U.S. Highway 40.

               D.   Secondary streets are permitted along streets with minor arterial and collector functional classification following the spacing requirements outlined in Chapter 153, Subdivision Code.

               E.   Directional traffic on minor arteriaIs shall be separated by a non-traversable median where pedestrians are present.

               F.   On-street parking is prohibited in this category of roadway.

               G.   Crosswalks shall be provided at intersections.

               H.   Mid-block crosswalks are prohibited.

               I.   Sidewalks and trails shall be provided as described in Chapter 153, Subdivision Code.

               J.   A "parkway" is an open highway landscaped with trees and grass as required by the city.

               A.   Intersection spacing of secondary city streets shall be a minimum of one-eighth mile measured from center to center.

               B.   Driveway spacing along secondary streets shall be a minimum of 100 feet measured from center to center to any intersection or driveway approach.

               C.   On-street parking is permitted in this category of roadway.

               D.   Crosswalks shall be provided at intersections.

               E.   Mid-block crosswalks are permissible at uncontrolled locations where crossings are designed with pedestrian crash countermeasures based on criteria established in published literature, best practices, and national guidance.

               F.   Sidewalks and trails shall be provided as described in division (M)(10)(a)5.E below.

               G.   A "boulevard" is a wide street, typically lined with trees and landscaping or within a planted median as required by the city.

               A.   Pedestrian access connections shall be made to any existing bike trails and wide sidewalks adjacent to the property.

               B.   Bike trails and wide sidewalks shall be extended and incorporated into the site design in locations provided by the city's "Pedestrian Routes Plan."

               C.   A sidewalk with a minimum width of five feet shall be provided along the front of properties throughout the district except where a pedestrian facility is already provided by either an existing or proposed bike trail or wide sidewalk.

               D.   All streets shall have the appropriate pedestrian facility according to the City Standard "Typical Streets Details."

               E.   All sidewalks shall be planned to encourage pedestrian circulation through the district.

               F.   Bike trails and wide sidewalks should be considered even where not required by the "Pedestrian Routes Plan" or "Typical Streets Details" if they further the circulation of bike trails in the city.

               G.   A development bonus may be granted if pedestrian facilities are upgraded and provide a meaningful circulation path within the development.

               A.   Principal structures on all corner lots shall be built to the proper setback for streets on both street frontages.

               B.   Vision triangle shall be observed for all corner lots.

               A.   The storefront of any principal structure shall be oriented to the parking lot and lead directly to the public sidewalk.

               B.   A second entry to principal structures is permitted and encouraged to provide access from parking areas.

               C.   In cases where a principal structure abuts more than one street, and one of those streets is a primary street, the primary entrance of any principal structure shall be oriented to the primary street.

               D.   Passageways between buildings are allowed to reach the fronts of the buildings and must be at least ten feet wide but not more than 20 feet unless designated for outdoor dining or gathering spaces, in which case permanent architectural features such as trellises, public art, or seating areas are required to be incorporated into the area.

               A.   Except as otherwise specified at a storefront, all walls exposed to the public view from the street or parking areas, shall be constructed of a mixture of architectural elements.

                  (i)   Materials permitted include masonry elements, imitation wood siding, architectural precast panels, architectural metal panels, fiber cement siding, exterior insulation finish systems (EIFS), or other materials approved by the Planning Commission.

               B.   Walls on primary pedestrian routes and storefronts shall emphasize clear glazing at the ground floor level.

               C.   Dark tinted glass is prohibited at the street level.

               D.   All external stairwells throughout the C-5 district shall be covered in a finish that matches or complements the exterior finish of the building.

               A.   Buildings along primary pedestrian corridors must abut the build-to-line on the side of the building facing the street. Minor variations may be approved by the Planning Commission to allow the articulation of decorative features such as columns and pillars.

               B.   Eighty percent of the ground level uses in the district shall be commercial, retail, entertainment, or similar uses. The 80% use calculation shall be based on the linear street frontage of each building. The remaining 20% shall be used as open space such as a plaza, courtyard, patio, and the like.

               C.   Doorways, porticos, or other approved entryways shall occur a minimum of every 50 feet of building facade that fronts a parking lot or plaza area.

               D.   Outdoor dining areas and sidewalk cafes are strongly encouraged.

               E.   Development within this district will typically be multi-storied having ground floor offices or retail, with similar or residential uses utilizing the upper floors.

               F.   Multi-story buildings shall be designed so that there is distinct architectural differentiation between the ground floor and the floors above. This can be achieved by differences in floor-to-ceiling heights, the use of an expression line, a change in material or textures, or by an awning or canopy between the first and upper stories.

               A.   Highly reflective materials or contrasting colors are prohibited.

               B.   All roof-mounted equipment or other obtrusive features shall be screened from view on all sides and from the top or painted to match the roof or parapet.

               C.   An articulated roof line or cornice is to be designed as a major feature at or near the top of all building walls.

               D.   Buildings shall have flat roofs, as viewed from the street. Flat roofs shall be enclosed by parapets that screen rooftop equipment.

               E.   Rooftop occupation is allowed as approved by the Planning Commission.

               A.   Use masonry as a primary building material when it reflects the architectural character of the surrounding area.

               B.   Locate architectural elements (such as windows, doors, and roof lines) to express a rhythm of design and create visual continuity with materials, proportions, and typologies that respect the design of existing structures.

               C.   Indicate building heights, stories, and transitions between buildings through distinct fenestration, vertical segments, and architectural elements.

               D.   Create visual interest and variety through building details such as moldings, awnings, rooflines, cornices, windowsills, or lintels.

               E.   Enhance building character at the pedestrian level through pattern, landscape, scale, texture, color, and design detail of materials.

               F.   Make building entryways easily identifiable.

               G.   Use accent lighting as a design element and to increase overall safety, but avoid light pollution.

               H.   Incorporate public art, where appropriate, in a manner consistent with city sign regulations and other relevant ordinances.

               I.   Keep signage and awnings in character, size, and profile along a street wall and complement the building's architecture.

               J.   Design all visible facades to reflect the materials and design of the primary façade.

               K.   Avoid large expanses of undifferentiated blank surfaces.

               L.   Use sustainable, low maintenance, and long-lasting materials that are locally available, renewable, and have a design life greater than or equal to 30 years.

               M.   Encourage the use of a variety of materials, including brick, stone, and imitation stone on all exterior surfaces. Other materials may be used upon review by the Planning Commission.

               N.   The following exterior materials are not recommended:

                  (i)   Mirrored glass.

                  (ii)   Wood and asphalt shingles.

                  (iii)   Corrugated fiberglass.

                  (iv)   Exposed, unfinished tilt-up concrete.

                  (v)   Plastic laminate.

                  (vi)   Neon.

                  (vii)   Unfinished concrete masonry units (CMUs).

               O.   The following images portray desirable outcomes:

               A.   Use landscape features to create visual interest, break up the appearance of blank walls, and enliven unexciting building views.

               B.   Apply vegetation to soften views of and within parking lots and other vehicle areas.

               C.   Complement landscaped areas with streetscape amenities (awnings, bike racks, furniture, art, lighting, signs).

               D.   Employ an environmentally sustainable landscape palette in support of stormwater management practices, as well as more efficient ongoing maintenance.

               E.   Complement and be additive to landscape purpose, applicability, and requirements defined in the city Code of Ordinances.

               F.   Use native vegetation for perimeter landscaping, foundation landscaping, and parking islands to reduce maintenance costs and contribute to environmental sustainability.

               G.   Incorporate decorative materials such as vegetation, fencing, masonry, or decorative structures to screen vehicles, parking lots, utilities, and other equipment from public view.

               H.   Install foundation landscaping around the front of buildings that are set back from the front property line and alongside the sides and rear of buildings when visible from the public right-of-way.

               I.   Use vegetation to highlight entrances to parking areas and buildings without reducing visibility for pedestrians or drivers.

               J.   The following images portray desirable outcomes:

            1.   All neighborhoods should have abundant public/open space incorporated into all designs. Development designs permitted in C-5 will require a greater need for public/open space. The dedication of areas for use as public/open space must be incorporated as focal points in the overall development scheme of each project, which is part of the larger neighborhood fabric. Additionally, these areas shall be capable of providing a varied use of active recreational opportunities and shall not negatively affect natural environmental features.

            2.   Existing vegetation shall be preserved whenever possible. Credits for preserving existing vegetation shall be given to developers to offset impervious area coverage requirements as described in division (M)(10)(d) below.

            If development bonuses are requested under this section, the applicant shall document all site amenities or improvements for the city's review and consideration.

                  (i)   Providing sidewalk width above the minimum required width.

                  (ii)   Providing bike trails that increase the circulation of bike traffic.

                  (iii)   Providing sidewalks and paths beyond the road frontage that increase the circulation of pedestrian traffic.

                  (iv)   Providing increased access to public transportation including:

                     a.   Adding a bus stop along an existing bus route.

                     b.   Adding a bus route to increase access to more areas.

                     c.   Providing amenities to create an accessible bus stop in varied weather conditions.

                  (v)   Providing pedestrian amenities including:

                     a.   Pedestrian-scaled lighting that lights the pedestrian path while considering the mature height of street trees and the tree canopy.

                     b.   Seating in the form of benches, seat walls, railings, and movable chairs.

                     c.   Signage and information kiosks directing people to major activity centers and amenities.

                     d.   Trash receptacles.

                     e.   Bike and scooter parking.

                     f.   Public art on buildings and in the streetscape.

                     g.   Shade with street trees, awnings, and canopies.

                  (vi)   Providing pedestrian-specific amenities to a civic green including:

                     a.   Any of the items listed in division (M)(10)(d)1.A.(v) above.

                     b.   Open shelters that encourage gatherings.

                  (vii)   The following images portray desirable outcomes:

            2.    The maximum increase in impervious areas shall be limited to 15% of the maximum impervious area. The following list of incentives may be utilized to reach a development bonus not to exceed 15% or a total impervious area of 85%.

                  (i)    Additional green space calculations could include the bonus acreages offered for any special incentives outlined below.

                     a.    To promote the protection of woodlands, 125% of the land area may be counted toward meeting green space requirements if the woodlands are set aside and permanently protected as undeveloped space.

                     b.   To promote low-impact design and stormwater-related best management practices (BMPs), 125% of the land area used for rain gardens, bio-retention facilities, groundwater infiltration systems, and other approved structural stormwater BMPs may be counted toward meeting green space requirements when the areas are set aside as undeveloped space.

                     c.   To promote recreation, 125% of the land area used for retention ponds may be counted toward meeting green space requirements when the areas are set aside as undeveloped space, and the retention pond serves as stormwater management with the addition of recreational amenities. Recreational amenities include walking paths, providing adequate depth to support aquatic life, stocking the pond with fish, adding docks or bridges, and similar items to promote recreation.

                     d.   To promote the provision and protection of natural preserves, 125% of the land area of natural preserves and created wetlands may be counted toward meeting green space requirements if the natural preserves are set aside and permanently protected as undeveloped space.

                     e.   One hundred twenty-five percent of the landscape area may be counted toward the green space requirement if the development provides landscaping in addition to the minimum landscape requirements. Landscape areas in excess of 10% of the requirement shall be provided for bonus consideration.

                     f.   Two hundred percent of the land area included as a civic green may be counted toward the green space requirement.

                     g.   One hundred fifty percent of the reserved land area placed into a conservation easement with a legally incorporated land conservation agency or donated for a city park may be counted toward green space requirements.

                     h.   Two hundred percent of the land area dedicated to establishing a woodland canopy and a tree preservation easement set aside and permanently protected as undeveloped space may be counted toward green space requirements. A plan shall be established by an arborist for the development of the tree canopy and shall specify the planting of two hardwood trees for each tree anticipated in the woodland. The plan shall assess 200 square feet for each tree-designated woodland. For example, where 20,000 square feet are being preserved, the following formula would be used: 20,000 square feet divided by 200 square feet equals 100 trees. As the required tree planting ratio is 2:1, 200 trees would be planted.

                     i.   The green space features in this section may not be double counted.

                  (ii)    The following images portray desirable outcomes:

                      a.   Extensions of collector roads through the development.

                      b.   Improvements to critical wastewater infrastructure including the construction of a regional lift station or the extension of a collecting trunk line to serve multiple users in the district.

                     c.   Improvements to critical water infrastructure including the extension and looping of transmission lines to provide increased flows and redundancy in the water system in the district.

                     d.   Regional detention ponds for areas outside the C-5 district.

                     a.   Example of a C-5 Town Center development:

 

 

                     b.   Some strategies that could be utilized to reduce the green space requirement:

                        (I)   Eight-acre retention pond with recreational amenities (retention area typically counts as 50% of area for green space calculation)

                           8 acres * 125% = 10 acres (at 50%, 5 acres counted for detention)

                        (II)   Assume this development would require 3.64 acres of required landscaping but 110% is provided.

                           3.64 acres * 110% = 4 acres (provided)

                           4 acres * 125% = 5 acres (counted toward green space)

                        (III)   4-acre civic green

                           4 acres * 200% = 8 acres (counted toward green space)

                        (IV)   5-acre area establishing a woodland canopy

                           5 acres * 200% + 10 acres (counted toward green space)

                        (V)   Providing 20.64 acres of physical green space.

                        (VI)   Counts as 32 acres of green space with bonuses

                        In this example, bonuses allow for 11.36 more acres of development.

(Ord. passed - - ; Ord. 2020-15, passed 6-15-2020; Ord. 2022-22, passed 6-20-2022; Ord. 2023-43, passed 8-7-2023; Ord. 2024-56, passed 9-16-2024)

   The boundaries of the listed zoning districts are hereby established as shown on the zoning map of this municipality. The zoning map, including all notations and other information thereon, is hereby made a part of this chapter by reference. Official copies of the zoning map shall be kept on file in the office of the Code Official or other appropriate official. In the event there is a conflict between the zoning district given for a legal description of any parcel, and the description on the map, the zoning district given to the legal description shall apply.

   (A)   (1)   Annual publication. In accordance with state law, the Code Official shall publish the city’s zoning map not later than March 31st of each year. However, no map shall be published for any calendar year during which there have been no changes in zoning districts or regulations.

      (2)   Annexation requirements. All territory annexed into the City of Troy will be classified as the most restrictive use (R-1). When new territory is being annexed into the City of Troy and such territory needs its current zoning district changed, the City must follow procedures described in § 154.143.

   (B)   Determining territory of districts with precision. In determining with precision what territory is actually included within any zoning district, the Code Official shall apply the following rules:

      (1)   Where a district boundary as indicated on the zoning map approximately follows the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:

 

 

      (2)   Whenever any street, alley or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.

(Ord. passed - - )

   (A)   No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated or reconstructed except in conformity with the provisions of this chapter. Similarly, no lot or part thereof shall be used, occupied, or developed except in conformity with the provisions of this chapter.

   (B)   The provisions of this chapter shall not be interpreted or administered so as to restrict the erection, maintenance, alteration, or extension of buildings (including farmhouses) or structures used or intended to be used for agricultural purposes on agricultural land except that such buildings or structures shall be required to conform to applicable setback regulations. Whenever a portion of a tract of land ceases to be used primarily for agricultural purposes, all pertinent provision of this chapter shall apply to that portion.

(Ord. passed - - ) Penalty, see § 154.999

   Whenever any use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district. Any use that is not listed within § 154.033 shall be subject to the review process described in § 154.033(B).

(Ord. passed - - )

   Unless specifically provided otherwise in the chapter, no temporary structure shall be used or occupied for any purpose, and no land shall be used for any temporary enterprise, whether for profit or not-for-profit, unless a temporary use permit has been obtained. The Planning Commission is responsible for either recommending or not recommending a temporary use permit to the City Council. The City Council may, by simple majority vote, grant or deny any temporary special use permit for which an application has been submitted, regardless of the recommendation from the Planning Commission. Temporary use permits shall not exceed one year from the approval date; however, the City Council may grant an extension of one additional year. If the temporary enterprise is seasonal and operates for less than six months in a calendar year, a temporary use permit for the identical enterprise and use shall not exceed three years from the approval date; however, the City Council may grant an extension of one additional year.

(Ord. passed - - ; Ord. 2025-31, passed 6-16-2025) Penalty, see § 154.999

   Except as specifically provided otherwise:

   (A)   Only one principal building or structure shall be permitted on any residential lot; and

   (B)   No portion of any minimum area, minimum dimensions, or minimum yards required for any lot, structure, or use shall be counted to satisfy the minimum area, dimensions, or yards requirements for any other lot, structure or use.

   (C)   Land contained with lakefront lots that is under water when the lake is at its highest level, shall not be counted in determining compliance with minimum lot size requirements.

(Ord. passed - - )

   No building or structure shall be erected on any lot unless such lot abuts or has a permanent access easement to a public street or a private street. Such permanent easement serving only one lot shall have a minimum width of 12 feet.

(Ord. passed - - )

   Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage.

(Ord. passed - - )

   Except as specifically provided otherwise, in the residential zoning districts and in the commercial zoning districts, where existing development has already established a setback line, then new developments in that block shall meet that established setback line.

(Ord. passed - - )

   Except where principal buildings are commonly attached (for example, in the downtown commercial area), no part of a principal building on one lot shall be closer than ten feet from any part of a principal building located on an abutting lot. However, so long as this overriding constraint is observed, certain intrusions into required yards are permitted as indicated below:

 

 

      *   Enclosure of existing balconies, canopies, carports, decks, patios, porches and sun/season rooms shall have no permitted intrusions and shall meet all setback requirements of the zoning district in which they are located.

(Ord. passed - - )

   (A)   Necessary appurtenances. Chimneys, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations by 20% for the district in which they are located if they comply with all other pertinent ordinances of this municipality.

   (B)   Intersections. On corner lots, in the triangular portion of land bounded by intersecting property lines and a line adjoining these property lines at points 30 feet from the point of intersection, no obstruction, whether natural or man-made, shall intrude into the air space that is between three feet and ten feet above the level of the adjacent street.

(Ord. passed - - )

   (A)   An ACCESSORY USE means any structure or use that is:

      (1)   Subordinate in size or purpose to the principal use or structure that it serves;

      (2)   Necessary or contributing to the comfort and convenience of the occupants of the principal use or structure served;

      (3)   Located on the same lot as the principal structure or use served.

   (B)   General standards.

      (1)   In all R-1 and R-2 districts and the existing residential uses in the C-4 district, accessory structures shall be limited to 900 square feet and one-story (15 feet) for permanent structures and 600 square feet and one-story (15 feet) for temporary or portable structures. However, the height of the accessory structures shall not exceed the height of the principal structure.

      (2)   In all R-1 and R-2 zoning districts and the existing residential uses in the C-4 district, the maximum number of detached accessory structures shall be limited to two per lot with a combined square footage of 900 square feet. However, the combined square footage of the accessory structures shall not exceed the total square footage of the principal structure or use served.

      (3)   The design, construction, building material(s) and color of the accessory structure shall be similar to or compatible with the design and construction of the primary structure.

      (4)   Accessory structures shall not be permitted on any lot unless a principal building exists.

      (5)   If an accessory use is attached to the principal structure, it shall be considered part of that principal structure.

      (6)   Roof overhangs on accessory structures not attached to the principal structure shall not encroach more than two feet into the required setback distance.

      (7)   Accessory structures shall be located in back yards only and set back five feet from any lot line.

      (8)   On single-family residential lots two acres and larger, metal siding, roofing and trim can be used on all accessory structures that exceed 900 square feet. This metal siding, roofing and trim shall be made from 29-gauge steel, having a yield strength of 80,000 pounds per square inch, coated on both sides with at least a G60 galvanized coating, and having at least a 20-year warranty on the finish.

      (9)   All permitted uses, height and area requirements shall also be enforced in accordance with §§ 154.032 and 154.033 of this chapter.

   (C)   Specifically prohibited accessory uses. The following accessory uses are strictly prohibited unless expressly permitted in particular zoning district(s):

      (1)   Use of an accessory structure as a dwelling.

      (2)   Use of accessory structures being used as the principal building for any office or business. (Also see § 154.046).

      (3)   Use of an accessory structure in any part of a home occupation. (Also see § 154.049).

      (4)   Use of any trailer type structure that when originally manufactured was used for the transportation of goods or any trailer type structure that when originally manufactured was used for human occupation.

   (D)   Limitations. See schedules (§§ 154.032 and 154.033) for limitations and schedule listings located at the end of this chapter.

(Ord. passed - - ; Ord. 2018-09, passed 5-21-2018; Ord. 2020-15, passed 6-15-2020; Ord. 2023-43, passed 8-7-2023)

   To facilitate public understanding of this chapter and for the better administration and convenience of use thereof, the regulations limiting the dwelling unit density, the heights, bulk and arrangements of buildings, and requiring minimum off-street parking for each of the districts established by § 154.020 hereof (or specified use), are set forth in § 154.032 hereof. Such § 154.032 is hereby adopted and declared to be an integral part of this chapter, and it may be amended in the same manner as any other part of this chapter.

 

   **   Interior side yard setbacks shall be 0 ft. except where side building pedestrian access is provided between and adjacent building.

      In such case, the interior side yard façade setback shall be a minimum of 10 ft. and a maximum of 20 ft. from the property line.

 

   **   Interior side yard setbacks shall be 0 ft. except where side building pedestrian access is provided between and adjacent building.

      In such case, the interior side yard façade setback shall be a minimum of 10 ft. and a maximum of 20 ft. from the property line.

(Ord. passed - - ; Ord. passed - - ; Ord. 2015-19, passed 6-15-2015; Ord. 2020-15, passed 6-15-2020; Ord. 2023-43, passed 8-7-2023; Ord. 2024-56, passed 9-16-2024)

   (A)   To facilitate public understanding of this chapter and for the better administration and convenience of use thereof, the regulations designating permitted uses, permitted accessory uses, special uses and specifically prohibited uses for each of the districts are established by § 154.020. Section 154.033 is intended and declared to be an integral part of this chapter by designating permitted uses in each zoning district and it may be amended in the same manner as any other part of this chapter. If a proposed use is not clearly defined in § 154.033, the matter shall be referred to the Code Official. The Code Official may confer with the City Administrator and City Attorney. The Code Official shall consider the nature of the proposed use and determine if it is substantially similar to a use listed in § 154.033. The factors to be considered include, but are not limited to: size of the structure, traffic likely to be generated, the presence of manufacturing, assembly or preparation at the proposed site, and the degree of similarity with clearly permitted uses. If the Code Official determines that the proposed use is substantially similar to a permitted use, the proposed use shall be considered as permitted and shall be subject to the limitations that would apply to such clearly permitted similar use. All such designations of substantially similar uses shall be reported to the City Council and the Planning Commission. Any proposed use that is not so characterized as substantially similar to a clearly permitted use shall be considered as a prohibited unlisted use. An amendment or special use permit, as applicable, may be sought.

   (B)   Each column refers to a specific district that lists the permitted uses and read vertically under a district column.

   (C)   Limitations and requirements in § 154.033 as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for the district referred to. Where reference is made in § 154.033 to another section or provision of this chapter, such section or provision referred to shall thereby be incorporated as an integral part of the requirements including such reference. All provisions of this chapter shall apply as integral parts of this Section although not specifically cited as a column.

   (P = Permitted Use, S = Special Use)