Twinsburg City Zoning Code
TITLE ONE
General Provisions
1101.01 TITLE.
(a) Title. This Code shall be known, cited, and referred to as: The City of Twinsburg Zoning and Development Regulations, the City of Twinsburg Zoning Code, or "this Code."
(Ord. 68-24. Passed by Electorate 11-7-24.)
1101.02 INTENT.
(a) Intent. The City of Twinsburg Zoning Code is adopted for the following purposes:
(1) Improving and protecting the public health, safety, and welfare of the residents of the City;
(2) Maintaining and enhancing the quality of life within the City;
(3) Preserving and enhancing environmental quality;
(4) Assuring compatibility of uses and practices within zones and districts;
(5) Facilitating the economic provision of public utility facilities and services;
(6) Establishing design standards for adequate public streets, roads, and highways necessary for adequate levels of service; and
(7) Providing for other purposes stipulated in this Ordinance, the Ohio Revised Code, and common law rulings.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1101.03 EFFECTIVE DATE.
(a) Effective Date. This ordinance shall be in full force and effective from and after its passage and publication, as approved by the City Council of the City of Twinsburg and upon publication by the City Clerk according to Charter Section 12.04.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1101.04 RELATIONSHIP TO COMPREHENSIVE PLAN.
(a) Relationship to the Comprehensive Plan. The City of Twinsburg sets forth in the City of Twinsburg Zoning Code, regulations and performance standards to guide and control land development in conformance with the adopted Twinsburg Comprehensive Plan(s). The City of Twinsburg Zoning Code is intended to implement the goals, objectives, and policies of the Twinsburg Comprehensive Plan(s).
(Ord. 68-24. Passed by Electorate 11-7-24.)
1102.01 SEVERABILITY.
Sections and subsections of this Code and the several parts and provisions thereof are hereby declared to be independent sections, subsections, parts, or provisions. The holding of any such section, subsection, part, or provision thereof to be unconstitutional, void, or ineffective for any such cause shall not affect nor render invalid any other section, subsection, part, or provision thereof.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1102.02 REPEAL.
The zoning regulations of the City of Twinsburg, as previously adopted by the City, and all amendments thereto, shall be repealed upon passage by the electorate at the General Election on November 5th, 2024. The repeal of these regulations does not affect or impair any act done, offense committed, or right accruing, accrued, or acquired, or any liability, penalty, forfeiture, or punishment incurred prior to the time enforced, prosecuted, or inflicted. All ordinances or parts of other ordinances in conflict herewith are hereby repealed.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1103.01 GENERAL INTERPRETATIONS.
(a) References to Separate Laws and Regulations.
(1) All references within this Code to laws and/or regulations that exist outside of this Code shall be construed to refer to the most current version and citation for those laws and/or regulations unless expressly indicated otherwise.
(2) If a referenced law or regulation is repealed and not replaced, any requirements within this Code for compliance with such law or regulation shall no longer be in effect.
(b) Minimum Requirements.
(1) The provisions of this Code shall be considered minimum requirements and shall be construed to further its underlying purposes and objections. These provisions shall apply uniformly to each zone or district, lot, and structure.
(2) Where provisions of this Code impose restrictions upon structures or land more restrictive than those imposed or required by other regulations or covenants running with the land, this Code shall govern; and conversely, other regulations or covenants shall govern if they are more restrictive than this Code.
(c) Uncertainty of Zone, District, and Overlay Boundaries. Where uncertainty exists with respect to the boundaries of any zones or districts as shown on the Zoning Map, the following rules shall apply:
(1) Boundaries following streets. Where zone or district boundaries are indicated as following the center line of the street or the center line or right-of-way of highways, such lines shall be construed to be such zone or district boundaries.
(2) Boundaries following right-of-way lines. Where zone or district boundaries are so indicated as following a right-of-way line, such zone or district boundaries shall be construed as such zone or district boundaries.
(3) Boundaries following lot lines. Where zone or district boundaries are indicated as following lot lines, such lot lines shall be construed to be said boundaries.
(4) Vacation of public ways. Whenever any street or other public way is vacated in the manner authorized by law, the zone or district adjoining each side of such street or public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended zone or district.
(5) Other determinations. In instances of uncertainties regarding the location of zone or district boundaries, the Planning Commission shall interpret the boundary and submit a recommendation to the City Council for confirmation and final determination.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1103.02 EFFECT OF THIS CODE.
(a) In-progress Construction or Operation of a Use. Nothing contained in this Code shall hinder the construction of a building or prohibit its use where construction has started before the effective date of this Code, provided the ground story framework including structural parts of the second floor shall have been completed before the effective date of this Code.
(b) Conflict and Inconsistencies.
(1) Nothing in this Code shall remove, abrogate, or render inoperative any lawful covenant running with the land, easement, or other agreement between parties.
(2) The provisions of this Code shall apply to all structures and land of any political subdivision, zone, district, taxing unit, or bond-issuing authority located within the corporate limits of the city to the extent allowed by law.
(3) In the event any of the requirements or regulatory provisions of this Code are found to be inconsistent with one another, the more restrictive or greater requirement shall be deemed in each case to be applicable.
(4) All public officials of the City, vested with the duty and authority to issue legal documents, shall not issue permits or certificates for any structure that would result in conflict with this Code. Should a permit or certificate be issued and conflict with this Code, it shall be deemed null and void. This language shall not be construed to nullify or void previously issued permits or certificates for work that standards which were applicable at the time.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1103.03 INTERPRETATION OF USES.
(a) Interpretation of Defined or Undefined Uses. The following provisions shall apply to the interpretation of uses:
(1) Each use type included in Table 1108.02-A: Residential Zones Use Permissions or Table 1108.02-B: Non-Residential Zones Use Permissions is defined in Chapter 1128 - Defined Terms.
(2) A proposed use that is not listed in Table 1108.02-A: Residential Zones Use Permissions or Table 1108.02-B: Non-Residential Zones Use Permissions or that is not defined elsewhere in this Code may be interpreted by the Planning Commission as an allowed use, a conditionally allowed use, an allowed accessory use, or an allowed temporary use if they determine that the proposed use is functionally the same as a defined use that is similarly allowed in the same zone or district according to the considerations provided within subsection (b), below.
(3) If Planning Commission determines that an undefined proposed use is not functionally the same as a defined use, then the proposed use shall be reviewed and classified as allowed, conditionally allowed, or prohibited based on the criteria of subsection (b), below.
(b) Classification of Uses. In determining the classification of a proposed use that is undefined, or in determining if a proposed use qualifies as a principal, accessory, or temporary use, the Planning Commission may consider, but shall not be limited to, the following criteria as applicable:
(1) If the proposed use is not listed in any other classification of allowed buildings or uses;
(2) If the proposed use is more appropriate and conforms to the basic characteristics of the zone or district to which it is to be added than to any other zone or district;
(3) If the proposed use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences to an extent greater than normally resulting from other uses listed as allowed in the zone or district to which it is to be added;
(4) If the proposed use does not create traffic to a greater extent than the other uses listed as allowed in the zone or district to which it is to be added;
(5) Information provided by the lot owner, including the contents of a zoning permit application;
(6) Actual or projected characteristics of typical or customary instances of the use, their common association with established uses on a lot, and their effects on allowed uses within the zone or district of the subject lot;
(7) Amount of floor space and/or equipment that would be provided for the use;
(8) Amount of pedestrian, bicycle, and/or vehicular traffic typically associated with the use;
(9) Size (including footprint area and height) of the building(s) and/or feature(s) proposed for the use;
(10) Noise, lighting, dust, and/or odors typically associated with the use;
(11) Number of employees on a typical shift, or the peak number of patrons, clients, students, or other visitors to the site at one time;
(12) Use and/or storage of hazardous materials; and/or
(13) Hours of operation for the use.
(c) Determination. The determination as to whether a use is similar to uses allowed shall be considered as an expansion of the use regulations of the zone or district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses allowed.
(d) Application. All applications for a use not specifically listed in any of the allowed use classifications in any of the zones or districts shall be submitted to the Planning Commission and, if approved by the Planning Commission, must be confirmed by City Council resolution affirming the same.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1104.01 COMPUTATION OF TIME.
(a) In computing any period of time prescribed or allowed by this Code, the date of the application, act, decision, or event from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.
(b) When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(c) Unless the terms of a specific provision state otherwise (e.g., "business days"), periods of time defined by a number of days shall mean a number of consecutive calendar days including all weekend days, holidays, and other non-business/non-working days.
(d) When the City offices are closed to the public for the entire day which constitutes the last day of the period of time or when the offices close before its usual closing time on such day, then such application, act, decision, or event may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1104.02 GENERAL MEASUREMENT METHODOLOGIES.
(a) Standards for Rounding.
(1) When a measurement results in a fractional number, any fraction less than one-half (½) shall be rounded down to the next whole number. Any fraction of one-half (½) or greater shall be rounded up to the next higher whole number.
(2) When a calculation or measurement results in a fractional percentage, any percentage ending between .0 and .5 shall be rounded down to the next lower whole number. Any percentage ending in .5 or greater shall be rounded up to the next higher whole number.
(b) Distance Measurements. Unless otherwise expressly stated, all distances specified in this Code are to be measured as the length of an imaginary straight line joining those points.
(c) Separation Measurements. Where a minimum separation is required or provided between a given use or lot and a separate use, lot, zone, or district, such separation shall be measured as the shortest distance between the lot line associated with the given use or lot and the nearest point of the separate lot, zone, or district, as required, without regard to intervening buildings.
(d) Illumination Level Measurements. Generally, levels of illumination or lighting shall be measured in footcandles with a direct reading from a portable light meter (or lux meter) at grade level. Illumination levels for a sign shall be measured in accordance with the following:
(1) The ambient illumination level must be recorded at least thirty (30) minutes after sunset using a lux meter held five (5) feet above grade level and pointed at the center of the sign while the sign's illumination source(s) is inactive.
(2) From the same location, the illumination level must be recorded using a lux meter held five (5) feet above grade level and pointed at the center of the sign while the sign's illumination source(s) is active and not blocked.
(3) The difference between these measurements will show the brightness level in footcandles above ambient light.
(e) Fence Opacity. Fence opacity shall be measured as the combined surface area of all visible posts and pickets within a representative area divided by the total surface area of the representative area. For example, the opacity of a typical wood picket fence could be measured as the combined surface area of the pickets and posts within a selected 3-foot-by-3-foot area, divided by nine (9) (the total square footage of the representative area), as shown in Figure 1104.02 A: Fence Opacity Measurement Example.
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(f) Impervious Surface Measurements.
(1) The ratio of impervious surfaces to pervious surfaces on a lot shall be calculated as the total surface area (when viewed from an aerial perspective) of all principal structures, accessory structures, and impermeable surfaces (including non-permeable paving and driveways) within a lot divided by the total surface area of the lot, as shown in Figure 1104.02 B: Lot Coverage Measurement Example.
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(2) The surface area of ground-mounted solar energy collection systems shall be calculated against the lot's open space.
(3) Fences shall not be calculated against a lot's open space.
(4) Significant features of the land identified through an environmental impact assessment (per Section 1112.04 - Environmental Impact Assessment) may be included in the calculation of a lot's open space, where such features are incorporated into open space portions of a development.
(g) Building Coverage Measurements.
(1) The ratio of building coverage shall be calculated as the total surface area (when viewed from an aerial perspective) of all principal structures and accessory structures within a lot divided by the total surface area of the lot, as shown in Figure 1104.02 C: Building Coverage Measurement Example.
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(2) The surface area of ground-mounted solar energy collection systems shall be calculated as a structure, adding to a lot's building coverage.
(3) In nonresidential zones, driveways, surface-level parking lots, grade-level patios, and other paving and hardscaping shall not be calculated as part of a lot's building coverage.
(4) In residential zones, driveways, surface-level parking lots, grade-level patios, and other paving and hardscaping shall be calculated as part of a lot's building coverage.
(h) Setback Measurements.
(1) A building or structure's setback shall be measured as the shortest distance between the exterior surface of such building or structure and the applicable lot line, an example of which is shown in Figure 1104.02 D: Setback Measurement Example.
(2) Bay windows, belt courses, cornices, ornamental features, and porches are allowed to project from a building into a required setback a distance no greater than three (3) feet.
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(Ord. 68-24. Passed by Electorate 11-7-24.)
1104.03 BUILDING HEIGHT MEASUREMENTS.
(a) Measuring Building Height. Building height shall be measured as the vertical distance from the highest point of the coping of a flat roof, or the deck line of a mansard roof, or the mean height level between the eaves and ride of a gable, hip, and gambrel roof, to the average elevation across the face of the building containing its principal entrance, as shown in Figure 1104.03 A: Building Heights Measurement Examples.
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(b) Buildings Exempted from Maximum Height Limits.
(1) Public and semipublic or public service buildings, including churches, temples, mosques, and similar places of religious assembly when permitted in a zone or district, may be erected to a height not to exceed 60 feet.
(c) Elements Exempted from Maximum Height Limits. Except as specifically stated in other parts of this Code, no building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the maximum allowed height hereinafter established for the zone or district in which the building is located, except that the following elements may be constructed above such height limits:
(1) Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building;
(2) Fire or parapet walls;
(3) Skylights, towers, steeples, and stage/screen lofts;
(4) Flag poles, chimneys, and smokestacks;
(5) Radio and television aerials (up to thirty-five (35) feet above grade level in any residential zone, or with no maximum height limit in nonresidential zone, subject to approval by the Planning Commission);
(6) Wireless masts (up to thirty-five (35) feet above grade level in any residential zoning district, or with no maximum height limit in nonresidential zoning districts, subject to approval by the Planning Commission);
(7) Water tanks; and
(8) Structures similar to those aforementioned.
(d) Maximum Exemption. Unless otherwise stated, no structure excepted from the calculation of building height in subsection (c) above, may:
(1) Be erected to exceed by more than fifteen (15) feet the height limits of the zone or district in which it is located;
(2) Where applicable, have a gross floor area greater than twenty-five percent (25%) of the roof area of the building;
(3) Be used for any residential purpose other than a use incidental to the main use of the building.
(Ord. 68-24. Passed by Electorate 11-7-24.)