(a)    Titles Three and Five of the Part Eleven - Planning and Zoning Code, shall be known and may be cited as "The Union, Ohio, Zoning Ordinance," hereinafter to be referred to as "Zoning Ordinance."

   (b)    The Zoning Ordinance both text and map, as set forth in Titles Three and Five of this Part Eleven, designate certain provisions designed to protect the public health, public safety and general welfare. The provisions of the Zoning Ordinance will secure for the people of the Municipality advantages resulting from the orderly use of resources, and will guide, control, and regulate the future growth and development of the Municipality in accordance with the Union Official Land Use Plan, Official Thoroughfare Plan. The provisions of the Zoning Ordinance are promulgated with reasonable regard to existing conditions; the character of buildings erected in each zoning district; the most appropriate use for which the land in each zoning district may be utilized, and the conservation of property values.

   (c)    The provisions of the Zoning Ordinance shall apply to the entire incorporated land area of the Municipality.

(Ord. 314. Passed 5-30-73.)

   (a)    The provisions of the Zoning Ordinance shall be held to be minimum requirements for the promotion of public health, public safety, and general welfare. Where the Zoning Ordinance imposes a greater restriction upon the use of buildings or lands than is required by any other provisions of law, the provisions of the Zoning Ordinance shall govern and apply.

   (b)    No building shall be erected, converted, enlarged, reconstructed, structurally altered, nor shall any building be moved onto the zoning lot or within the same zoning lot, nor shall any parcel of land described by metes and bounds or any lot hereafter be created which does not conform and meet the requirements of the Zoning Ordinance, except as provided for in Section 1161.05.

   (c)    No building shall, after the Zoning Ordinance is enacted, be erected or altered:

      (1)    To exceed the height;

      (2)    To accommodate or house a greater number of families;

      (3)    To occupy a greater percentage of lot area; or,    

      (4)    To have a narrower or smaller rear yard, front yard or side yard;

than is specified herein for the zoning district in which such building is located.

   (d)    No parcel of land described by metes and bounds nor any lot shall hereafter be created which does not conform and meet the requirements of the Zoning Ordinance.

   (e)    No land shall be used except for a purpose permitted in the zoning district in which it is located.

   (f)   Nothing in the Zoning Ordinance shall require any change in the overall layout, plans, construction, size or designated use of any development, the building, structure or part thereof for which official approvals and required building permits have been legally granted before the enactment of the Zoning Ordinance, the construction of which, conforming with such plans, shall have been started within six months of the enactment of the Zoning Ordinance and completed in a normal manner within a subsequent two-year period and not discontinued until completion except for reasons beyond the builder's control. All building permits, of which construction has not begun within six months of the enactment or amendment of the Zoning Ordinance are hereby revoked and void.

   (g)    Pre-existing uses shall be permitted to be continued on the following conditions. Except as hereinafter specified, any use, building, or structure existing prior to the effective date of the Zoning Ordinance may be continued; even though such use, building, or structure may not conform with the provisions of the Zoning Ordinance for the district in which it is located, provided that such use, building or structure conforms to the provisions of the Zoning Ordinance in effect at the time of such use, building or structure came into being.

   (h)    Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot except as otherwise provided in the Zoning Ordinance.

   (i)    No commercial or industrial establishment shall be permitted to create a continuous curb cut along its property line.

   (j)   All free standing principal buildings in any “C” District shall have a minimum floor area of 200 square feet. (Ord. 314. Passed 5-30-73.)

   (a)   Zoning Districts. For the purposes of the Zoning Ordinance, all land falling within the corporation line of the Municipality is hereby divided into eleven zoning districts and two special zoning districts designated as follows:

 

   (b)   Official Zoning District Map. The Official Zoning District Map, dated May 30, 1973, which accompanies the Zoning Ordinance, showing the boundaries of the areas covered by the zoning districts listed in this section and Section 1141.05, and all notations, references and other information shown thereon shall be a part of the Zoning Ordinance and have the same force and effect as if the Official Zoning District Map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which Official Zoning District Map is properly attested and on file with the Zoning Enforcement Officer. (Ord. 314. Passed 5-30-73; Ord. 550. Passed 12-8-80.)

   (a)   In the interpretation of the Zoning Ordinance, it is suggested that the rules contained in this section be observed and applied, except when the context clearly indicates otherwise:

      (1)   “Shall” is mandatory and not discretionary. “May” shall be permissive.

      (2)   Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular.

      (3)   The particular shall control the general.

   (b)   Where uncertainty exists with respect to the boundaries of any districts, as shown on the Official Zoning District Map, the following rules shall apply. Where district boundaries are indicated as approximately following lot lines, clearly defined property lines, or the center or right-of-way lines of streets, alleys, or highways, such lot lines, clearly defined property lines, center lines or right-of-way lines shall be construed to be such district boundaries.

   (c)   Where district boundaries are so indicated that they are approximately parallel to center lines or right-of-way lines, such zoning district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning District Map. If no distance is given, such dimension shall be determined by the use of the scale shown on the Official Zoning District Map.

   (d)   Whenever any street, alley or other public way is vacated by official action of Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all the vacated area.

   (e)   Lands which may, hereafter, through annexation, become incorporation areas of the Municipality, shall be classified in the A-R District until such time as Council, after recommendation by the Planning Commission, shall determine, if necessary, to reclassify the annexed territory in some other zoning district. The Planning Commission shall make such recommendation to Council within sixty days after the annexation.

(Ord. 314. Passed 5-30-73.)

   No zoning district established in the Zoning Ordinance shall be changed or a zoning district established after the effective date of the Zoning Ordinance unless the total size of such zoning district is of the following minimum size:

   (a)   Zoning District.

 

   (b)   Special Districts.

 

 

(Ord. 314. Passed 5-30-73; Ord. 550. Passed 12-8-80.)

   (a)    Purpose. This District has been established to provide for agricultural activity on large tracts and areas of open land with a minimum of 43,560 square feet (one acre) of lot area per dwelling unit.

   (b)    Principal Permitted Uses.

      (1)    Agriculture and the usual agricultural building and structures, provided that any building in which animals are housed shall be a distance of at least 300 feet from any dwelling, other than a farm dwelling, or from any lot in a Residential, Office or Business District.

      (2)    Single-family dwellings.

      (3)    Schools and colleges for academic instruction.

      (4)    Publicly owned and operated buildings and facilities.

      (5)    Places of worship.

      (6)    Public parks, playgrounds and community centers.

   (c)    Accessory Uses.

      (1)    Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.

      (2)    A private garage, parking space or stable.

      (3)    Roadside stands, offering for sale only agricultural products grown on the premises.

      (4)   The keeping of animals and/or fowl as pets or for domestic use.

      (5)   Home occupations as defined in Section 1165.02(34).

      (6)   Other accessory uses permitted for this District by Section 1153.06.

   (d)    Conditional Uses. The following conditional uses subject to approval in accordance with Section 1161.05.

      (1)   Private landing fields.

      (2)   Cemetery mausoleums, provided that any mausoleum shall be a distance of at least 200 feet and burial sites at least 100 feet from adjacent property, street and highway lines, and provided further that any new cemetery shall contain an area of twenty acres or more.

      (3)   Kennels and animal hospitals for the raising, breeding, treatment and boarding of dogs, or other small animals, provided that all outside runs be at least 200 feet from all property lines.

      (4)   Riding academies, provided that such building or stable shall be distant 300 feet from any lot in any Residential District.

      (5)   Golf courses, swimming pools, tennis courts, gun clubs, grange halls, and similar recreational uses and accessory uses, but not including driving ranges, miniature golf courses and pitch and putt courses, subject to the requirements of Section 1153.07.

      (6)   Radio, television, or other transmission towers or masts, and the usual accessory buildings, only after their height and location have been approved by the governmental agency charged with the responsibility for maintaining air safety and provided there is a yard area with a radius of half the height of the tower or mast. (Ord. 1090. Passed 5-12-97.)

      (7)   Extraction of sand, gravel, and other minerals, and including concrete ready mix plants, subject to the provisions of Section 1153.04.

         (Ord. 1500. Passed 10-25-10.)

      (8)   Camp grounds, provided sanitary facilities have been approved by the State and/or local Board of Health. Accessory uses including an office; a public facilities building wherein the basic food needs of the transient guests can be purchased.

      (9)   Rodeos and accessory uses including retail and service uses, provided such retail and service uses are accessory to the principal use.

   (e)    Height Regulations. No structure shall exceed forty feet in height.

   (f)    Lot Area, Frontage and Yard Requirements. The following minimum requirements shall be observed:

 

*    The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan for the City.

(Ord. 396. Passed 11-8-76.)

   (g)    Minimum Dwelling Size. For single-family dwellings, there shall be a minimum floor area of 2,400 sq. ft. (Ord. 1090. Passed 5-12-97.)

   (a)   Purpose. The intent of the R-1 Residential District is to reserve certain lands for large lot, detached, single-family dwellings. Areas of such low-density residential development typically occupy relatively extensive acreage in relatively outlying locations.

   (b)   Permitted Uses. The following uses shall be permitted as a use-by-right in the R-1 Residential District:

      (1)   Detached single-family dwellings.

      (2)   Community and neighborhood parks.

   (c)   Conditionally Permitted Uses. Such uses are subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a Conditional Use Permit by the Zoning Enforcement Officer, which procedure is specified in Section 1153.02:

      (1)   Churches, similar places of worship and cemeteries.

      (2)   Private recreation facilities.

      (3)   Public and private schools.

      (4)   Public utility substations and exchanges.

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than one acre (43,560 square feet) in land area. No lot width shall be less than 150 feet.

   (e)   Minimum Dwelling Size. For single-family dwellings, there shall be a minimum floor area of 2,400 square feet.

   (f)   Maximum Building Height. No dwelling shall exceed two and one-half stories, or thirty-five feet in height.

   (c)   Conditionally Permitted Uses. Such uses are subject to the approval of the Board of Appeals and the subsequent issuance of a Conditional Use Permit by the Zoning Enforcement Officer, which procedure is specified in Section 1153.02:      (1)   Churches and similar places of worship.      (2)   Kindergarten or day nursery.      (3)   Public and private schools.      (4)   Private recreation facilities.      (5)   Public utility substations and exchanges. (Ord. 314. Passed 5-30-73.)

   (f)   Maximum Building Height. No dwelling shall exceed two-and one-half stories, or thirty-five feet in height. (Ord. 314. Passed 5-30-73.)

   (c)   Conditionally Permitted Uses. Such uses are subject to the approval of the Board of Appeals and the subsequent issuance of a Conditional Use Permit by the Zoning Enforcement Officer, which procedure is specified in Section 1153.02:      (1)   Churches and similar places of worship.      (2)   Kindergarten or day nursery.      (3)   Public and private schools.      (4)   Private recreation facilities.      (5)   Public utility substations and exchanges.

      (1)    That under the Development Plan the property adjacent to the Planned Unit Development landholding is properly safeguarded;

      (2)    That the Planned Unit Development is consistent with the intent and purpose of the overall Zoning Ordinance to promote public health, safety and general welfare of Municipal residents;

      (3)    That the minimum common open space area has been designated and is to be dedicated to the Municipality or a legally established Homeowner's Association as herein provided;

      (4)    That each individual unit of development shall not exceed the maximum allowable density for the Planned Unit Development tract as a whole;

      (5)    That assurance has been given by the developer that the Planned Unit Development will be in accordance with the specified purposes;

      (3)    Council may approve an extension of the time limit or the minor modification of the Development Plan. Such approval shall be given upon a finding of the purpose and necessity for such extension or minor modification, and evidence of reasonable effort toward the accomplishment of the Development Plan, and upon recommendation of the Planning Commission.

      (1)    Detached single-family dwellings;

      (2)    Attached two family dwelling;

      (3)    Attached three and four-family dwellings;

      (4)    Churches and similar places of worship; and

      (5)    Common park land, open space and recreation facilities.

       (1)    Maximum height. No single family, two-family, three and four family shall exceed two-and-one-half stories or thirty-five feet in height.

      (2)    Maximum density. 

          A.    Where the planned unit development includes single family homes only, the maximum gross density shall not exceed four dwellings units per acre.

          B.    Where the planned unit development includes both single-family and two-family dwelling, the maximum gross density shall not exceed five dwellings per acre.

          C.    Where the planned unit development contains a combination of single-family, two-family, three family and four family dwellings, the maximum gross density shall not exceed six dwellings units per acre.

         D.    In any event the maximum "gross" residential density on the overall planned unit development landholding shall be no greater than five dwelling units per acre. Also, all zoning lots in each section shall be at least 7,500 square feet in area; and shall be at least sixty-four feet wide at the building line; twenty percent (20%) of the zoning lots in each final plat (recorded plan) shall be at least 8,500 square feet in area, and shall be seventy-four feet at the building line.

      (3)    Minimum dwelling size. For single family dwellings there shall be a minimum floor area of 1400 square feet. For two family and three family and four family dwellings, there shall be a minimum floor area of 1,100 square feet.

      (1)    A base map of the tract showing easements, utility lines, existing land use, general topography and physical features.

      (2)    A site development plan showing boundaries of tract to be developed on planned unit basis.

         A.    Highways and streets in vicinity of tract and ingress and egress to the tract.

         B.   Location of vehicular and pedestrian circulation, vehicular circulation to be accordance with the Official Thoroughfare Plan.

         C.   Location and approximate density of various land uses.

         D.   Location and type of community facilities, if any.

      (3)    A time schedule of the projected development if construction is to extend beyond a two year time period.

      (4)    A statement of financial responsibility to ensure construction of Planned Unit Development in accordance with the above site development plan.

      (5)    A statement that proposed Planned Unit Development is in accordance with the general intent of the Subdivision Regulations even though specific yard setback may be altered somewhat.

      (1)    That under the Development Plan the property adjacent to the Planned Unit Development landholding is properly safeguarded:

      (2)    That the Planned Unit Development is consistent with the intent and purpose of the overall Zoning Ordinance to promote public health, safety and general welfare of Municipal resident:

      (3)    That the minimum common open space area has been designated and is to be dedicated to the Municipality or a legally established Homeowner's Association as herein provided;

      (4)    That each individual unit of development shall not exceed the maximum allowable density for the planned unit development tract as a whole;

      (5)    That assurance has been given by the developer that the Planned Unit Development will be in accordance with the specified purposes;

      (6)    That the R-PUD-1 District is in conformance with the Official Land Use Plan map and text; and

      (7)    That the internal streets and main thoroughfares that are proposed shall properly interconnect with the surrounding existing municipal street network.

       (1)    If from the facts presented, Council is unable to make the necessary findings, the application shall be denied. Approval of the Development Plan shall be limited to the general acceptability of the proposed land uses, density levels and their interrelationship, and shall not be constructed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in the subsequent preparation of detailed site plan(s). Approval of the Development plan shall constitute the creation of a separate R-PUD-1 Planned Unit Development Zoning District - l. In taking action, Council may deny the Concept Plan or may recommend approval of the plan subject to specified modifications.

      (2)    Unless within two years the site plan for the first section of the Planned Unit landholding has been formally approved by the Planning Commission in accordance with the conditions for approval specified in subsection (j) hereof, and unless the final Subdivision Plat for the first section shall have been recorded in the Office of the Montgomery County Recorder the approval of the Development Plan shall become null and void and the land shall revert to its former zoning classification.

      (3)    Council may approve an extension of the time limit or the minor modification of the Development Plan. Such approval shall be given upon a finding of the purpose and necessity for such extension or minor modification, and evidence of reasonable effort toward the accomplishment of the Development Plan, and upon recommendation of the Planning Commission.

      (1)    Once the Development Plan has been approved by the Planning Commission and Council, detailed Site Plans for each section of the overall Planned Unit Development landholding must each be reviewed and approved by the Planning Commission prior to the issuance of any Zoning Certificate by the Zoning Enforcement Officer.

      (2)    The detailed Site Plans shall be in accordance with the original Development Plan; shall be prepared for the applicant by a professionally competent urban planner, engineer, architect and/or landscape architect; and shall include the following:

          A.    Survey of the tract to be developed showing existing physical features (drainage ways, general topography and tree cover) and streets, easements, and utility lines.

         B.    Specific engineering plans, including site grading, street improvements, drainage and utility improvements and extensions as necessary.

         C.    Site plan showing lot lines, building outlines, off-street parking spaces, pedestrian walkways, vehicular circulation.

         D.    Landscaping plans including quantity, size and varieties of landscaping.

         E.    Preliminary building plans, including floor plans and exterior elevations.

         F.    Copies of any restrictive covenants that are to be recorded.

         G.    All necessary legal documentation relating to the incorporation of a Homeowner's Association or dedication of common open space to the Municipality.

      (3)    Should the formulation of the detailed Site Plan(s) for sections of the total landholding necessitate a major change in the original Concept Plan, this shall require reconsideration and approval by Council in accordance with the procedure specified in subsection (c), (e) and (f) hereof. Major changes shall include but not be limited to:

         A.    Significant change in residential density;

         B.    Major changes in the outside boundaries of the Planned Unit Development tract;

         C.    Significant changes in the location or amount of land devoted to specific land uses; and

         D.    Major changes in the internal street and thoroughfare network.

      (4)    Approval of each detailed Site Plan for each section of an R-PUD-1 District shall be valid for one year. No zoning Certificate shall be issued for any structure within the Planned Unit Development until the subdivision final plat for that portion has been recorded with the Montgomery County Recorder.

      (5)    An extension of the time limit or the modification of the detailed Site Plan may be approved by Council. Such approval shall be given upon a finding of the purpose and necessity for such extension or modification, and evidence of reasonable effort toward the accomplishment of the Site Plan.

      (1)    That each individual unit of development can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective can be attained;

      (2)    That the proposed detailed Site Plan(s) for the included individual sections of the overall R-PUD-1 District are in conformance with the approved Development Plan, Comprehensive Plan, including the Official Land Use Plan and Official Thoroughfare Plan map and text of the Municipality;

      (3)    That the internal streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic within and through the development;

      (4)    That any part of the Planned Unit Development not used for structures, parking and loading areas, or streets, shall be landscaped or otherwise improved; or if the Planning Commission approves, left in its natural state;

      (5)    That any exception from the standard ordinance requirements is warranted by the design and amenities incorporated in the detailed Site Plan, in accord with adopted policy of the Planning Commission and Council. (Ord. 1116. Passed 1-12-98.)

 

 

 

 

      (4)    The location, description and size of the area from which the removal is to be made.

      (5)    The location of the processing plant to be used and any accessory or kindred operations that may be utilized in connection with the operation of the processing plant by the mining processor or any other firm, person or corporation. The processing plant shall be located as to minimize the problems of dust, dirt and noise, insofar as reasonably possible.

      (6)    The type of resources or materials to be removed.

      (7)    The proposed method of removal and whether or not blasting or other use of explosives will be required.

      (8)    A general description of the equipment to be used.

      (9)    The method of rehabilitation and reclamation of the mined-out areas, including a grading plan showing existing contours in the area to be excavated and the proposed future contours showing the topography of the area after completion. Such plan shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five feet or less.

      (6)    The Board may impose such other reasonable conditions and restrictions as it may deem necessary for the protection of the public and to encourage the mining and processing of the sand and gravel from the authorized area.

      (7)    Due to the inherent difficulties in reclaiming and rehabilitating areas from which stone has been quarried, the Board is hereby empowered, in the issuance of a Conditional Use Permit for quarrying operations, to impose such reasonable standards for reclamation as may be necessary to protect the public interest, without unduly restricting the operations of the mine owner. (Ord. 396. Passed 11- 8-76.)