(A)   No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purpose other than is permitted in the district in which the building or land is located.

   (B)   The Planning Commission, with approval of Council, shall have the power to permit any use comparable in character to any of the specified uses listed under the permitted uses or conditionally permissible uses section of any district.

('65 Code, § 1323.01)

   No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area, height, number of families and yard regulations of the district in which the building is located.

('65 Code, § 1323.02)

   No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks or similar structures may be erected above the height limits herein. Such structure shall not have a total area greater than 25% of the roof area of the building, nor shall such structure be used for any residential purpose other than a use incidental to the main use of the building. Radio, television and wireless aerials or masts for individual residential or commercial site use may not be erected higher than 50 feet or 20 feet above the roof line for safety purposes without Planning Commission approval. All antenna, towers or other similar structures for commercial purposes must comply with §§ 154.495 through 154.506 as applicable. Nothing in this section or in this chapter shall be interpreted to permit the erection of any structure in violation of any applicable provisions of any airport zoning regulations.

('65 Code, § 1323.03) (Am. Ord. 97-036, passed 5-20-97)

   Any area so shown on the zoning districts map and consisting of the area within 500 feet of all sides of an active runway and extending 1,000 feet from the ends of an active runway, starting at a width of 200 feet and terminating at a width of 500 feet, shall be designated as an airport hazard area and the following regulations shall apply:

   (A)   No structures or object of natural growth shall exceed a height of a line starting at the ends of any active runway and extending at a slope of 30:1 to a distance of 1,000 feet and covering an area from the ends of the runway at a width of 200 feet and terminating at a width of 500 feet at the distance of 1,000 feet.

   (B)   No structure or object of natural growth shall be constructed within 150 feet of an active runway.

   (C)   All structures or objects of natural growth within 500 feet of an active runway shall have a red light attached to their highest point, which light shall be illuminated between sunset and sunrise.

   (D)   In areas within 500 feet of any active runway, a structure exceeding 40 feet in height shall be permitted only upon a finding by the Board of Zoning Appeals that it does not constitute a menace to safety.

('65 Code, § 1323.04)

   In any R district where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this chapter, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of such existing front yards on the two lots immediately adjoining or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. However, the depth of a front yard on any lot shall be at least 25 feet. This does not apply to lots fronting on major or collector thoroughfares where the front yard depth shall be measured from the proposed right-of-way side line and shall adhere to the requirements of this chapter.

('65 Code, § 1323.05)

   Where a major thoroughfare or collector thoroughfare is designated on the Land Use and Thoroughfare Plan, the front yard depth shall be measured from the proposed right-of-way line.

('65 Code, § 1323.06)

   The Planning Commission shall have the power to impose conditions to safeguard the intent and objective of this chapter.

('65 Code, § 1323.07)

   No building permit or zoning certificate shall be issued without evidence of an approved sanitary sewage disposal facility for the use for which the building permit or zoning certificate has been requested.

('65 Code, § 1323.08)

   To secure the optimum effect of transition from a residential to a nonresidential district, the Planning Commission shall where needed require plant materials, walls or fences, or any combination of these on any property line of land under consideration.

('65 Code, § 1323.09)

   Essential services shall be permitted as authorized under any franchise or that may be regulated by any law of the state or any ordinance of the city, it being the intention hereof to exempt such essential services from the application of this chapter.

('65 Code, § 1323.10)

   Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter and upon which building actual construction has been diligently carried on, and provided further that such building shall be completed within two years from the date of passage of this chapter.

('65 Code, § 1323.11)

   No more than one principal building shall be permitted on any one residential lot.

('65 Code, § 1323.12)

   In any district, every building shall have access to and be accessible from an improved street. If located in the rear of another building as on a lot that does not have frontage on a street, there shall be provided, for the purpose of ingress and egress, a strip of land not less than 30 feet in width and a maximum of 400 feet connecting such building or lot with a street. Such strip of land shall not be built upon or be otherwise occupied or obstructed, but shall be maintained as an easement for ingress and egress until a street be provided in lieu thereof. No such easement or private court shall form a part of any yard or lot areas required in this chapter.

('65 Code, § 1323.13)

   (A)   Residential. Any lot in a single ownership in a residential district, which ownership was on record at the time of adoption of this chapter, that does not meet the requirements of this chapter for yards or other areas of open space, shall be utilized for single-family residential dwelling purposes only. The purpose of the provision is to permit utilization of recorded lots which lack adequate width or depth as long as the housing unit meets square footage requirements for the district in which the lot is located. The Board of Zoning Appeals, upon proper application and for good cause, may vary setback lines and yard depths on existing substandard lots, subject to restrictions in § 154.563.

   (B)   Commercial and Industrial. Only those lots which are lots of record which are presently used, or have been used, for commercial or industrial uses within an existing commercial or industrial zoning district and which ownership was on record at the time of adoption of this chapter, which do not meet the requirements of this chapter for minimum lot width at minimum building setback line, minimum lot frontage, minimum lot area, or minimum open space, may be utilized for commercial or industrial uses under conditions established by the Planning Commission. The purpose of this provision is to permit utilization of recorded lots though they may not meet minimum area requirements of the district of which they are a part; however, the Board of Zoning Appeals, under proper application, and for good cause, may vary minimum and setback requirements on existing substandard lots, subject to restrictions of § 154.563.

('65 Code, § 1323.14)

   (A)   Corner lots in all districts are required to have the minimum front yard requirements, as indicated in that district, facing both streets as measured from the street rights-of-way.

   (B)   The width of the building envelop for corner lots, as measured from both street frontages shall not be less than the zoning district's minimum lot width requirements less the width of two minimum side yards.

(‘65 Code, § 1323.15) (Am. Ord. 13-135, passed 1-21-14) Penalty, see § 154.999

   No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by this chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirement of or for any other building.

('65 Code, § 1323.16)

   No wall, fence or shrubbery shall be erected, maintained or planted on any lot which unreasonably obstructs or interferes with traffic visibility on a curve or at any street intersection.

('65 Code, § 1323.17)

   No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling.

('65 Code, § 1323.18)

   No dwelling shall be erected in any C District or I District except as otherwise provided in this chapter or for sleeping quarters without kitchen facilities, for a watchman or caretaker.

('65 Code, § 1323.19)

   (A)   An accessory structure attached to the principal building on a lot shall be made structurally a part thereof and shall comply in all respects with the requirements of this chapter applicable to the principal building.

(‘65 Code, § 1323.20)

   (B)   In any district, off-street parking spaces, garages or other accessory buildings with a building height of less than 16 feet may be located no closer than five feet of the rear or side property line if the structure is detached from the main building and located between the rear of the main building and the rear lot line. However, a legally existing accessory structure with a masonry foundation may be rebuilt up the same foundation provided that no wall or roof dimension is increased and the rebuilding takes place within two years of demolition.

   (C)   Detached accessory structures in residential zoning districts shall be subject to the following area and height restrictions:

      (1)   Maximum building height: 16 feet.

      (2)   Minimum floor area: All residential properties shall be permitted to have detached accessory structures with a floor area up to 576 square feet without the need for a variance.

      (3)   Maximum floor area: The total floor area for all detached accessory structures on a property shall not exceed 50% of the floor area of the primary structure or 1,200 square feet, whichever is less.

(‘65 Code, § 1323.21) (Am. Ord. 117-91, passed 3-17-92; Am. Ord. 05-065, passed 8-2-05)

   Drainage channels and floodplains which exist and are essential for the maintenance of the health and general welfare of the people must be inviolate. Any encroachment upon, filling or destruction of these drainage channels or floodplains is a violation of this chapter. In order to provide for the development of property for its best use, such as new subdivisions, the City Engineer shall determine what facilities are adequate to maintain the prime purpose of the drainage channel or floodplain.

('65 Code, § 1323.22)

   No proposed plat of a new subdivision shall hereafter be approved unless the lots within such plat equal or exceed the minimum area and width requirements set forth in the various districts of this chapter.

('65 Code, § 1323.23)

   In the event that any of the requirements or regulatory provisions of this chapter are found to be internally incompatible or inconsistent one with another, the more restrictive or greater requirement shall be deemed in each case to be applicable.

('65 Code, § 1323.24)

   No use shall be permitted or authorized to be established which when conducted in compliance with the provisions of this chapter and any additional conditions or requirements prescribed is or may become hazardous, noxious or offensive to the public due to the emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matters or water-carried wastes. Prohibited uses are listed in § 154.016.

('65 Code, § 1323.25)

   (A)   Generally. A landscaping plan is required for all uses which require site plan review. The landscaping plan must be done in coordination with vehicular and pedestrian traffic movement and consider issues of safety and security in design.

   (B)   Purpose. The city requires the use of landscaping in recognition of the value of landscaping to preserve and enhance the area's image, promote the retention and use of existing vegetation, safeguard property values, protect public and private investments, and promote high-quality developments and promote the compatibility between land uses by reducing the visual, noise, and lighting impacts of specific development on users of the site and abutting uses.

   (C)   Submittal requirements. The following items are required for a complete landscape plan:

      (1)   Plans should be submitted at the same scale as the overall site plan;

      (2)   Location, general type, and quality of existing vegetation, including specimen trees and size;

      (3)   Existing vegetation to be saved and size;

      (4)   Methods and details for protecting existing vegetation during construction;

      (5)   Locations and labels for all proposed plants;

      (6)   Plant lists or schedules showing the required and proposed quantities and planting sizes;

      (7)   Location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas;

      (8)   Planting and installation details as necessary to ensure conformance with all required standards; and

      (9)   Description of street trees proposed or existing in the public right-of-way as regulated by the Shade Tree Commission. Street trees in public rights-of-way shall not be considered required landscaping for compliance with this chapter.

   (D)   Landscaping and screening standards.

      (1)   Landscaped frontage strips of sites requiring site plan review and general requirements.

         (a)   General requirements. The landscaping strip shall extent along the street frontage of these sites and may be pierced by access ways to the extent necessary to comply with applicable ordinances. The landscaped strips can be of a varying width, not be less than ten feet in width. All street frontage areas including the both frontage areas on a corner lot shall be required to include landscape strips on the frontage.

         (b)   Minimum planting requirements. One shade tree and ten shrubs per 50 feet of linear street frontage. The width of access ways which pierce the strip shall be included in the calculation of lineal dimensions. Commercial and industrial zones should include landscape breaks to insure a clear line of sight from the public right-of-way for safety and security.

         (c)   Supplemental landscape requirements; spacing of trees. Trees in a perimeter landscape strip may be planted singly or in clusters. Clusters of trees shall be avoided in the interior of parking lots to increase safety and security.

         (d)   General landscape barrier. The Planning Commission may impose a general landscape barrier. A hedge, wall, fence, berm, or other landscape barrier shall be located within the perimeter landscape strip. Unless otherwise provided in this section, the barrier shall be not less than three feet in height.

         (e)   Living and nonliving barriers. If walls, fences, or other nonliving barriers are used as elements of the landscape barrier; shrubs or vines shall be planted as determined by the Planning Commission to be meet the purpose of this section.

         (f)   Earth berms. Earth berms may be used only when installed in conjunction with sufficient plant material to satisfy the provisions of this section. The slope of a berm shall not exceed a ratio of 3:1.

         (g)   Additional landscape treatment. The remainder of the perimeter landscape strip shall be landscaped with grass, ground cover, or other appropriate landscape treatment. Sand or pavement shall not be considered to be appropriate landscape treatment unless approved by the Planning Commission.

      (2)   Parking lot landscaping.

         (a)   Perimeter parking lot landscaping for rear and side yards. For sites larger than 10,000 square feet, the strip must be a minimum of ten feet wide. For sites smaller than 10,000 square feet, the strip must be a minimum of five feet wide. One tree and three shrubs are required for 50 feet of perimeter. Alternately, the applicant may preserve at least 25 feet of existing woodlands. Existing woodlands must be preserved to the extent possible. Preservation of existing woodlands in lieu of planting requirements shall be at the discretion of the Planning Commission.

         (b)   Interior parking lot landscaping. One planting island for every 20 parking spaces. In very large lots of 50,000 square feet or more, fewer, but larger islands may be appropriate to provide greater visual relief and create an environment more conducive for healthy tree growth.

         (c)   Planting islands. A safe site distance at vehicular entrances must be maintained. The trees must have a clear trunk at least six feet above the finished grade to allow vehicular circulation and a clear line of sight beneath the tree canopy without causing any damage. No tree planting area may be less than five feet wide in any dimension for traffic control.

         (d)   Safety and security. Interior parking lot plantings shall not include any shrub which would exceed 24 inches in height at maturity and no clustering of trees shall be permitted in planting islands.

   (E)   Plant materials.

      (1)   Shrub and ground cover. All required ground cover plants and shrubs must be of sufficient size and number to meet the required standards within three years of planting. Mulch (as a ground cover) must be confined to areas underneath plants and is not a substitute for ground cover plants. Trees may be deciduous or evergreen. Deciduous trees at the time of planting must have a minimum diameter of three inches, measured five feet above the ground, and have a minimum height of eight feet. Evergreen trees at the time of planting must be a minimum of six feet in height.

      (2)   Existing vegetation. Existing landscaping or natural vegetation may be used to meet the standards, if protected and maintained during the construction phase of the development. When the existing trees are at least 12 inches in diameter, measured five feet above the ground, they may count triple towards meeting the tree requirements of a landscaping standard. Landscape materials should be selected and sited to produce a hardy and drought-resistant landscape area. Selection should include consideration of soil-type and depth, the amount of maintenance required, spacing, exposure to sun and wind, the slope and contours of the site, and compatibility with existing native vegetation preserved on the site. Prohibited plants include plants identified by the Planning Director as potentially damaging to sidewalks, roads, underground utilities, drainage improvements, foundations, and the like. Fruit-bearing trees are prohibited.

      (3)   Exceeding standards. Landscaping materials that exceed the standards may be substituted for the minimums so long as all fence or vegetation height limitations are met, including the vision clearance standards as required by engineering or safety departments.

   (F)   Approval. Approval of the landscape plan is subject to the approval of the site plan by the procedures set forth in city's ordinances. See § 154.070, Site Plan Review; Conformance.

   (G)   Installation and maintenance. Plant material must be installed to current nursery industry standards. Plant materials must be properly supported to ensure survival. Support devices such as guy wires or stakes must not interfere with vehicular or pedestrian movement. Maintenance of landscaped areas is the on-going responsibility of the property owner. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced in kind.

   (H)   Completion of landscaping. The required landscaping must be installed prior to the issuance of a final certificate of occupancy. See § 154.070, Site Plan Review; Conformance and § 154.075, Certificate of Occupancy.

   (I)   Planning Commission discretion. The Planning Commission may vary these requirements when deemed appropriate. Such variation must be requested by the applicant prior to consideration of plan approval.

('65 Code, § 1323.26) (Ord. 98-073, passed 7-21-98)

   (A)   No permitted commercial, industrial, airport, or any conditionally permitted use shall be permitted until review and approval of the site plans by the Planning Commission, which shall determine that the plan is consistent with the purposes and requirements of this chapter, and that the specific standards set forth in §§ 154.542 through 154.546 (for conditional zoning certificates) and the general requirements set forth herein will be met. The Planning Commission shall act on any site plan submitted under this section within 95 days of the time of official submission to the Zoning Inspector, or the Secretary of the Planning Commission. Any person submitting a site plan may agree to a longer period of review by the Planning Commission. When the Planning Commission finds it necessary to maintain a strict record of public hearing procedures, the applicant will bear all direct and related costs. When the Planning Commission deems it necessary to cause special studies to be made, the applicant shall provide such studies. In order to promote the orderly development of the site plan to required specifications, the Planning Commission and the Zoning Inspector shall encourage preliminary discussions by and with the applicant and the Planning Commission and prior to formal application for a zoning certificate or conditional zoning certificate a review by City Engineering.

      (1)   The site plan shall be drawn to a legible scale, shall show topographical features of the lot, building placement, and activity area, and shall include a circulation and parking plan, planting and landscape plan, and architectural plans with engineering and constructional information. A description of the proposed development or operation shall be provided in sufficient detail to indicate possible emission of energy or matter beyond the lot lines, with engineering plans for the handling of any excesses thereof.

      (2)   The site plan shall show that a proper relationship will exist between thoroughfares, service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety on both public and private lands, in accordance with standards and regulations established therefore by the City Engineer.

      (3)   All the development features, including the principal buildings, open spaces, service roads, driveways and parking areas, shall be so located and related as to minimize the possibility of adverse effects upon adjacent development.

      (4)   The architectural design of buildings shall be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture materials, line and pattern, and character.

      (5)   Building location and placement shall be developed with consideration given to minimizing removal of trees and change of topography.

      (6)   Maximum possible visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography and open spaces.

      (7)   In large parking areas, visual relief and traffic channelization shall be provided through the use of trees, planted and landscaped dividers, island and walkways.

      (8)   Where applicable, a landscape plan showing screening of parking areas and service areas from surrounding properties shall be provided through landscaping and/or ornamental walls or fences where necessary to promote harmony with adjacent development. Materials used in any ornamental wall or fence shall be compatible with the character of adjoining properties.

      (9)   On-site traffic circulation shall be designed to make possible adequate fire and police protection.

      (10)   In the case of commercial or industrial uses, adequate provision shall be made for the disposal of all wastes, in accordance with standards and regulations established therefore by the Director of Public Service.

      (11)   All nonresidential uses shall demonstrate written compliance with the standards of §§ 154.520 through 154.528 regarding off-site impacts as required by the Planning Commission. The Planning Commission reserves the right to require additional information regarding any potential off-site impact and required modifications to any development plan to reduce negative impacts likely to result from the development.

      (12)   Parking and loading provisions shall meet the requirements of §§ 154.405 through 154.409.

      (13)   All utilities, including cable TV, on the site shall be located underground when recommended by the City Engineer.

      (14)   Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, streams, and public streets, during as well as after construction, to minimize the possibility of erosion. No open drainage channels are allowed in the city. The Planning Commission may require that such grading plans be reviewed by the City Engineer or U.S. Soil Conservation Service with any costs borne by the developer. The costs of any unusual means necessary to alleviate surface drainage problems on adjacent property due to development shall be borne by the developer of the property causing the problem.

      (15)   The design and construction of driveways and parking areas shall conform to standards and regulations established therefore by the City Engineer. In addition, driveway areas in industrial zones for industrial development within the public right-of-way shall use asphalt or concrete as approved by the City Engineer. Parking lots and driveways outside public rights-of-way in industrial zones for industrial development may use concrete, asphalt, ship and seal, gravel or other materials as approved by the Director of Public Service which would reduce dust and mud.

   (B)   Conformance with site plan.

      (1)   All aspects of the development shall conform to the approved site plan. No injurious or offensive effects shall result from the development or operation. The control of effects such as noise, smoke, dust, fumes, odors, electrical interference and the storage and disposal of wastes shall meet accepted current standards.

      (2)   It shall be a violation of this chapter for any building or premises to be occupied or used prior to:

         (a)   Conformance with all applicable requirements of this chapter; and

         (b)   Completion of required landscaping, drainage, parking and road and driveway improvements according to plans approved by the Planning Commission or the posting of a cash bond or other surety in a form approved by the City Law Director with the city in an amount equal to the required improvements plus 10%. The bond or surety shall be for a period not to exceed two years and shall provide for the complete construction of the improvements within that period.

   (C)   Form of approval in large projects. Where the Planning Commission considers it necessary, in order to assure that a large project will be developed consistent with the purposes of this chapter, the Planning Commission may require that plans for a large project be submitted indicating development in phases if such project can logically be divided into phases. The Planning Commission shall review the entire project for conformance with all applicable regulations in this chapter and shall give preliminary approval to the entire project if it so conforms. However, the Planning Commission shall have the power to limit final approval and authorization for the Zoning Inspector to issue zoning certificates to one section or phase of the total development at a time. Approval of subsequent phases shall be given:

      (1)   Upon substantial compliance with the plan given preliminary approval;

      (2)   Upon conformance with all applicable regulations of this chapter; and

      (3)   Upon a finding by the Planning Commission that all preceding phases conform to all requirements of this chapter and conform to approved plans including complete installation of improvements required in the approval of preceding phases, or, in lieu of complete installation, the submission of a financial guarantee acceptable to the city assuring that the improvements will be installed within one year of the submission of the guarantee.

   (D)   Variances. The Planning Commission may modify the requirements of this section where unusual or exceptional factors or conditions require, or for large-scale developments, subdivisions of land or commercial and industrial developments. To modify these requirements where unusual or exceptional factors or conditions require, the Planning Commission shall:

      (1)   Find that unusual topographical or exceptional physical conditions exist;

      (2)   Find that strict compliance with these requirements would create an extraordinary hardship in the face of the exceptional conditions;

      (3)   Permit any such modification to depart from these requirements only to the extent necessary to remove the extraordinary hardship.

('65 Code, § 1323.27) (Ord. 27-95, passed 4-18-95; Am. Ord. 97-051, passed 7-1-97)

   (A)   Architectural design review. The construction or alteration of any commercial, industrial, or conditionally permitted use, including signage and landscaping, shall not be permitted until the Architectural Design Committee has reviewed and approved the architectural design of all buildings and signs and has signed a document to this effect. The Committee shall act on any architectural design, signage or landscaping plan submitted under this section within 95 days of the time the Committee officially accepts the plan for review at a regularly scheduled meeting. Any person submitting a plan may agree to a longer period of review.

      (1)   The Architectural Design Committee is hereby established as an advisory body to the Planning Commission in order to advise the Commission on matters of architectural construction and design; to review all projects subject to architectural design review as outlined in division (A) of this section; and to make recommendations on issues referred to it by the Planning Commission.

      (2)   The Committee will consist of three members appointed by the Planning Commission to serve for terms of three years, except that for the initial appointment upon adoption of these regulations, the first member shall be appointed for a term of three years; the second member shall be appointed for a term of two; and the third member shall be appointed for a term of one year. This is to ensure that terms are staggered. Members whose terms have expired may be reappointed.

      (3)   The composition of the Committee shall be as follows:

         (a)   At least one member shall be a practicing or retired architect.

         (b)   At least one member shall be a representative of Main Street Wadsworth, Inc.

         (c)   The architect and representative of Main Street Wadsworth, Inc. may be the same person.

         (d)   No member may be an elected official or employee of the City of Wadsworth.

      (1)   Historic Main Street Design Review District. When reviewing projects in the Historic Main Street Design Review District, the Committee shall be guided by the review processes and design recommendations outlined in Historic Main Street Wadsworth Design Guidelines as adopted by Ordinance 17-049. The properties and boundaries of the design review district are found in Appendix C to the Historic Main Street Wadsworth Design Guidelines.

         (a)   The scale of the building relative to adjacent development in terms of height, volume and massing;

         (b)   All facades of a building relative to type of material selection and the placement of windows and doors;

         (c)   The design of building relative to compatibility with existing structures and overall design for the area;

         (d)   Objects affixed to any part of the building, including doors, windows, signage, awning, lighting and mechanical equipment, are considered to be part of the visual architecture and must be compatible in color and design to the building's overall appearance; and

         (e)   Applicable zoning code requirements.

      (1)   The Architectural Design Committee's decisions and recommendations shall be followed by the applicant, unless the applicant appeals such decision directly to the Planning Commission, which may affirm, reverse or modify the Committee's decision to be consistent with the purpose of this section.

      (2)   A decision by the Planning Commission may be appealed to the Board of Zoning Appeals as prescribed in §§154.560 through 154.570.

(‘65 Code, § 1323.29) (Am. Ord. 17-049, passed 9-19-17)

   Due to unique planning problems caused by intensive commercial development in selected areas of the city, the Planning Commission may require the implementation of the following special requirements and standards within the specific boundaries of these selected areas:

   (A)   Development Policy Plan required. All uses permitted or conditionally permitted in the C-1, C-3 and C-4 districts shall be permitted only after review and adoption by the Commission and Council of an official Development Policy Plan as a guide for development within the boundaries of the specifically defined area. Such plan may be prepared by the City or by other interested parties. Such plan shall include, but not be limited to, a plan for:

      (1)   Street and/or service roads serving the specific area;

      (2)   Location of traffic signals, driveway curb cuts, and median cuts, if applicable, serving the specific area;

      (3)   Open space within the specific area.

   (B)   Site plan review. All uses permitted or conditionally permitted in the C-1, C-3 and C-4 districts shall be permitted only after review and approval of the specific site plans by the Commission according to the standards, criteria and regulations of § 154.070 and of this section. Such site plans may be prepared and reviewed simultaneously with the preparation and adoption of a Development Policy Plan, required for this specific area.

   (C)   Discussion meeting. In addition to the procedures for site plan review in § 154.070, owners of property in the specific area being considered, or their agents, should meet with the Director of Public Service or Zoning Administrator prior to submission of a site plan to the Commission. For the purpose of the discussion meeting, a general discussion plan shall be prepared showing the relationship of any planned development to adjacent areas, locations of buildings and parking areas, internal circulation and relation to the adjacent thoroughfare system. At the discussion meeting, the Director shall inform the applicant of the recommendations of applicable land use or thoroughfare plans for the area, the intent of the Development Policy Plan and other information necessary for the preparation of an acceptable site plan.

   (D)   Additional standards. In addition to the site plan review standards in § 154.070(A), the Commission's review and action on site plans in the specified area shall also be based on the following standards.

      (1)   Curb cuts, internal drives, parking areas and pedestrian walkways shall be designed to promote safe and efficient movement within the site, between adjacent sites, and between the site and the adjacent thoroughfare system.

      (2)   A new development may be required to include construction of a frontage road, or parallel driveway or private driveway of adequate length, with intersections to connect it with specified predetermined entrance/exit points.

      (3)   Where a frontage road, parallel drive or private driveway is required, all new development shall complete enough additional length of the frontage road, parallel driveway or private driveway, including intersections, to connect it with a specified entrance/exit point on the major thoroughfare.

      (4)   Where a private driveway or private service road is permitted by the Commission, such driveway or service road may be approved with the condition that it be dedicated to the city in the future, at no cost to the city and at such time as deemed necessary to the public interest. Such driveways or service roads shall be constructed according to city standards for public streets.

      (5)   To provide access to adjacent properties or to an existing or planned parallel street or frontage drive, reciprocal easements may be required by the Commission. This mutual easement or access right shall provide access to adjacent properties and/or developments without the necessity of traveling on the public thoroughfare system.

      (6)   Under special conditions where a predetermined entrance/exit is off a development site, and a permanent private access drive is not deemed feasible by the Commission, the Commission may permit a temporary driveway. A temporary driveway will be permitted only if:

         (a)   The city obtains written assurances approved by the Director of Law that the use of such temporary drive will be abandoned when access to a planned parallel street or frontage drive or other thoroughfare is made available; and

         (b)   In the case where the new development does not include the construction of a planned parallel street, frontage road, access drive or other thoroughfare on the new development property, provisions are made that such street or drive will be constructed and, if appropriate, dedicated to the city when such street or drive is stubbed to the new development property.

      (7)   The Planning Commission may impose whatever conditions it deems necessary for orderly development, the preservation of the aesthetic quality of the area, and the general welfare of the community.

('65 Code, § 1323.30)

   No habitable structure may be constructed within 150 feet of an existing oil or gas well drilling site, or an existing above-ground oil or gas storage tank or battery of storage tanks. For purposes of this section, the setback shall be measured from the geographic center of the wellhead or the geographic center of the storage tank or battery of tanks to the closest point of the habitable structure.

(Ord. 16-167, passed 2-7-17)

   No new building may be occupied unless a certificate of occupancy has been issued by the Zoning Inspector specifying the building meets all requirements of the Planning Commission and Building Code. If a certificate of occupancy has been revoked, the property may not be occupied.

('65 Code, § 1323.33)

   The minimum front yard depth on a lot fronting on a cul-de-sac shall be measured by a chord which intersects the side property lines at the appropriate setback.

('65 Code, § 1323.34)

   Properties located within an airport hazard area as defined in § 154.293 must meet all requirements of §§ 154.290 through 154.301.

('65 Code, § 1323.36)

   Any proposed permitted use or conditionally permitted use within a flood hazard area as defined in § 151.05 of this code shall require a special development permit from the Planning and Code Enforcement Supervisor.

('65 Code, § 1323.37)

   The Planning Commission must hold a public hearing prior to approval of site plans on all applications for use in a C-5 District which are adjacent to an R District. The Planning Commission must follow the procedure for holding a public hearing as detailed in § 154.543(A)(5).

('65 Code, § 1323.38)

   All nonresidential uses must comply with the requirements of §§ 154.520 through 154.528. Such compliance must be demonstrated as required by the Planning Commission during site plan review for new uses or as deemed appropriate for uses that do not require site plan review by the Zoning Inspector.

(Ord. 97-051, passed 7-1-97)

   The following regulations shall apply to fences, walls, hedges and other plantings located along property lines.

   (A)   Front yard areas.

      (1)   Fences, walls and hedges located in front yard areas, as measured from the front wall of the primary structure to the front property line, shall not exceed a height of four feet.

      (2)   Fences, walls and hedges in the front yard shall be located a minimum of three feet off the front property line and require approval by the Director of Public Safety. The Director of Public Safety shall have the discretion to require a larger setback in necessary to promote safe sight distance along the adjacent street, or if the proposed fence, wall or hedge would be in contradiction of Chapter 96 of this code of ordinances.

      (3)   Privacy or solid style fences, such as board-on-board, stockade, etc., shall not be permitted in any front yard area within 20 feet of the front property line in order to prevent obstructions to the sight distance along a public or private roadway.

   (B)   Rear and side yard areas.

      (1)   Fences and walls along side yards, as measured from the front wall of the primary structure to the rear property line, and rear yards, shall not exceed a height of six feet.

      (2)   Hedges and other formal and informal plantings along property lines shall not be subject to height restrictions.

   (C)   General requirements.

      (1)   Fences, walls and hedges shall be maintained by the property owner.

      (2)   Fences, walls and hedges shall not be constructed within an easement without prior approval from the Director of Public Service. Property owners shall be responsible for reviewing their deeds for deed restrictions, easements and underground utilities that may affect the type and location of any proposed fence, wall or hedge.

      (3)   The Planning Commission shall have the authority to permit fences, walls and hedges to exceed the height restriction noted in this section if deemed necessary to provide adequate buffering for commercial, industrial, multi-family residential or conditional uses.

(Ord. 99-133, passed 12-21-99)

      (3)   The density of the residential cluster development shall not exceed the maximum density of the residential zoning district in which it is located. For the purposes of these regulations, density shall be calculated on net acreage, which is defined as total acreage in the development less land area dedicated to public right-of-ways, public parks or other public facilities.

      (5)   All residential cluster developments shall be required to establish and maintain a "Unit Owners Association," which shall be responsible for the ownership, maintenance and repair of common open space, private streets, private utilities and other private amenities.

         (a)   Common open space shall not be less than 25 feet in depth or width, except for access corridors, which shall not be less than 20 feet wide.

         (b)   The land areas within 15 feet of any condominium unit shall not be included as common open space.

      (7)   The proposed development shall be subject to a site plan review before the city Planning Commission as per § 154.070 of this chapter.

      (1)   Residential cluster lots shall front upon private streets.

      (2)   Each dwelling lot shall have at least one side or rear property line abutting the common open space.

 

 

 

      (1)   Condominium units shall front upon and be accessed by private streets.

      (2)   All units shall be surrounded by common open space.

      (3)   Spacing requirements for condominium units:

         (a)   Minimum separation between any condominium and a private street: 30 feet from edge of pavement.

         (b)   Minimum separation between condominium units: 15 feet.

         (c)   Minimum separation between any condominium unit and the rear or side boundary of the original development site: 25 feet.

         (d)   Minimum separation between any condominium unit and a public street: 50 feet.

      (4)   All condominium declarations and subsequent amendments along with the associated descriptive drawings shall be reviewed by the Planning Commission prior to recording to ensure that the location of the unit or units being declared conform to the approved general plan and that adequate provisions exist to maintain the common elements created by the declaration or amendment.

      (5)   Applications for condominium declarations and subsequent amendments must include the following:

         (a)   A scaled drawing showing the unit or units to be declared along with the associated common and limited-common areas. The original declaration shall also include two copies of the declaration document and bylaws, which shall include adequate provisions for repair and maintenance of common areas and facilities including but not limited to, open space, private utilities, stormwater management facilities, roadways, parking facilities and other structures to be owned "in common" by the association. All drawings and declaration documents shall demonstrate compliance with R.C. Chapter 5311.

         (b)   Evidence that all public and private utility and roadway improvements necessary to serve the unit or units being declared have been completed or financial guarantees have been posted for completion of said improvements in a manner as prescribed in § 154.070(B) of this chapter.

(Ord. 00-059, passed 7-18-00; Am. Ord. 11-020, passed 5-4-11; Am. Ord. 18-041, passed 10-16-18)