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City Zoning Code
City Zoning Code
ZONING DISTRICT
REGULATIONS
§ 156.030 STANDARD REGULATIONS.
(B) Rules of application.
(1) Identification of uses. Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this chapter.
(2) Permitted uses. Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited except, when in character with the zoning district, such additional uses may be added to permitted uses by formal amendment, in conformance with the procedures specified in § 156.227 of this chapter. No more than one permitted use shall exist on any one zoning lot.
(3) Accessory uses. An accessory use or structure is a subordinate use or structure clearly incidental to and customary in connection with the principal permitted building or use, and located on the same lot with such principal building or use. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of § 156.060.
(4) Conditional uses. A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use, its location, extent and method of development will not substantially alter the character of the vicinity, or unduly interfere with or adversely impact the use of adjacent lots. To this end, the Board of Zoning Appeals shall, in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity, in accordance with §§ 156.205–156.211 of this chapter.
(5) Similar uses.
(a) Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.
(b) Applications for zoning permits for a use not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualifies as a similar use under the provisions of this section, shall be submitted to the Planning Commission.
(c) Prior to taking action on the inclusion of a use as a similar use, the Planning Commission shall hold a public hearing. The public hearing shall be advertised according to the requirements of § 156.227(E)(1) of this chapter.
(d) Within 30 days after the public hearing, the Planning Commission shall determine whether the requested use is similar to those uses permitted in the specific district in order to find that a use is similar, the Planning Commission shall find that all of the following conditions exist:
1. Such use is not listed as a permitted or conditional use in another zoning district.
2. Such use conforms to basic characteristics of the classification to which it is to be added and is more appropriate to it than to any other classification.
3. Such use creates no danger to health and safety and creates no offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences to an extent greater than normally resulting from uses listed in the classification to which it is to be added.
4. Such use does not create traffic congestion to a greater extent than uses listed in the classification to which it is to be added.
(6) Development standards. Development standards set forth shall be the minimum allowed for development in a district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation, or law, the most restrictive standard shall govern.
(Ord. 34-90, passed 12-26-90)
§ 156.031 (R-1A) LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. This district is established to provide areas for single-family suburban type residential development at low densities, on land which is generally vacant at the time of development, and to discourage large concentrations of intensive development where that intensity would be inconsistent with the existing character of the area.
(B) Permitted uses. One-family detached dwellings.
(C) Accessory uses.
(1) Private detached garages or carports.
(2) Tool and/or garden sheds.
(3) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of the construction work.
(5) Dishes or other devices for the reception of television for occupants of the principal use of the property on which the device is located, provided such device is not located in any front or side yard, and is located not less than 40 feet from any adjoining property lines and complies with the provisions of §§ 156.175 through 156.180 of this chapter.
(E) Development standards.
(1) Lot area. Fifteen thousand square feet, provided the area is served by public water and sewer. If the area is not served by public water and sewer, the minimum lot area shall be one acre, or as required by the Fayette County Health Department.
(2) Minimum lot width. For each principal use, there shall be lot width of not less than 90 feet with frontage on a publicly dedicated, improved street or highway.
(3) Minimum front yard depth. Thirty feet.
(4) Minimum side yard width. Ten feet.
(5) Minimum rear yard depth. Forty feet.
(6) Maximum building height. Thirty-five feet.
(Ord. 34-90, passed 12-26-90)
§ 156.032 (R-1B) MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. This district is established to accommodate single-family residential development at densities similar to what currently exists in specific areas of the city. Property in this district is to be served by public water and sewer.
(B) Permitted uses. Use(s) permitted in the R-1A District.
(C) Accessory uses. Use(s) listed as accessory uses in the R-1A District.
(D) Conditional uses. Use(s) listed as conditional uses in the R-1A District.
(E) Development standards.
(1) Lot area. Ten thousand square feet.
(2) Minimum lot width. For each principal use, there shall be lot width of not less than 75 feet with frontage on a publicly dedicated, improved street or highway.
(3) Minimum front yard depth. Thirty feet.
(4) Minimum side yard width. Eight feet.
(5) Minimum rear yard depth. Forty feet.
(6) Maximum building height. Thirty-five feet.
(Ord. 34-90, passed 12-26-90)
§ 156.033 (R-1C) URBAN NEIGHBORHOOD SINGLE-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. This district is established to provide for single-family residential housing sites within the older portions of the city at densities consistent with existing development on platted lots, thereby increasing the diversity of housing choice and encouraging the revitalization of existing areas, while maintaining adequate standards.
(B) Permitted uses. Any use or structure specified as a permitted use in the R-1A District.
(C) Accessory uses. Any use or structure specified as an accessory use in the R-1A District.
(D) Conditional uses. Any use or structure specified as a conditional use in the R-1A District.
(E) Development standards.
(1) Lot area. For each principal use, there shall be a lot area of not less than 7,500 square feet.
(2) Minimum lot width. Sixty feet of lot with frontage on a publicly dedicated, improved street or highway.
(3) Minimum front yard depth. Twenty-five feet.
(4) Minimum side yard width. Eight feet.
(5) Minimum rear yard depth. Thirty-five feet.
(6) Maximum building height. Thirty-five feet.
(Ord. 34-90, passed 12-26-90; Am. Ord. 17-2002, passed 8-28-02)
§ 156.034 (R-2) TWO-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. This district is established to encourage the orderly development of two-family residential dwellings, and customary related facilities.
(B) Permitted uses.
(1) Two-family dwelling units.
(2) Single-family dwelling units.
(C) Accessory uses. Any use specified as an accessory use in the R-1 District.
(D) Conditional uses.
(1) Home occupations, as regulated in § 156.062 of this chapter.
(2) Congregate or group homes, provided that the following provisions are met:
(a) The facility shall obtain all approvals and/or licenses as required by state and local laws.
(b) The facility shall provide 24-hour supervision by trained and qualified professional personnel.
(c) No exterior alterations of the structure shall be made which depart from its appearance as a residential structure, or would he inconsistent with the residential character of the surrounding neighborhood.
(d) No group home shall be located within 1,000 feet from any other such facility within a given neighborhood.
(e) Such facilities shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining rooms or kitchens for sleeping.
(f) Such facilities shall meet all applicable local and/or state building, safety and fire codes.
(3) Condominiums.
(E) Development standards.
(1) Minimum lot area.
(a) Four thousand square feet per dwelling unit for two-family dwellings and congregate or group homes; 6,000 square feet per dwelling unit for single-family residences. All lots within the R-2 District shall be served by public water and sewer facilities.
(b) Only one permitted or conditional use shall be allowed on a zoning lot, and lot shall be covered no more than 30% by the structure.
(2) Minimum lot width. Seventy-five feet of lot width with frontage on a publicly dedicated
and improved street or highway.
(3) Minimum front yard depth. Twenty-five feet.
(4) Minimum side yard width. Eight feet.
(5) Minimum rear yard depth. Forty feet, or 20% of lot depth, whichever is less.
(6) Maximum building height. Thirty-five feet.
(Ord. 34-90, passed 12-26-90; Am. Ord. 17-2002, passed 8-28-02)
§ 156.035 (R-3) MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. This district is established to accommodate multiple-family residences at overall housing densities consistent with those existing in the area. The objective is to provide for the continuance, redevelopment and/or limited expansion of multiple-family developments in areas best equipped to accommodate such higher density development.
(B) Permitted uses.
(1) Multiple-family structures having two or more dwellings per structure.
(2) Condominiums.
(C) Accessory uses.
(1) Uses incidental and accessory to multiple-family dwellings and for exclusive use
of their residents, to include common recreational facilities, community swimming pools, and offices for the rental and management of units therein.
(2) Temporary buildings for uses incidental to construction work, which shall be removed upon the completion or abandonment of construction work.
(D) Conditional uses.
(1) Nursery schools and day care centers.
(2) Congregate or group homes, subject to the same provisions of 156.034(D) of this chapter.
(E) Development standards.
(1) Minimum lot area. Four thousand square feet per dwelling unit for two-family dwellings. Three thousand five hundred square feet per dwelling unit for all other multiple-family dwellings.
(2) Minimum lot frontage. Eighty feet of frontage on a publicly dedicated and improved street or highway.
(3) Minimum front yard depth. Twenty feet.
(4) Minimum side yard width. Ten feet.
(5) Minimum rear yard depth. Forty feet.
(6) Maximum building height. Thirty-five feet.
(7) Trash and garbage control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. Screening of trash and garbage areas shall meet the requirements of § 156.132(B) of this chapter. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
(9) Open/play area. Buildings or structures shall not occupy more than 60% of the total lot. For each five units, or portion thereof, there shall be provided a open space or play area of not less than 1,000 square feet in size. The design and configuration of such open area shall be approved by the Planning Commission. Such open area shall be maintained by the owner of the multiple-family complex.
(Ord. 34-90, passed 12-26-90; Am. Ord. 17-2002, passed 8-28-02)
§ 156.036 (R-4) MOBILE HOME RESIDENTIAL DISTRICT.
(A) Purpose. The Mobile Home Residential District is established to provide areas for mobile home communities which will be located, designed, and improved so as to provide a desirable residential environment, protection from potentially adverse neighboring influences, protection for adjacent residential properties, access for vehicular traffic without promoting undue traffic on minor streets in adjoining residential neighborhoods, and overall accessibility equivalent to that for other forms of permitted residential development.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) MANUFACTURED HOUSING. A building designed for residential use, which has all of the following:
(a) It is mass-produced in a factory.
(b) It is designed and constructed for transport to a site for installation and use when connected to the required utilities.
(c) It is either an independent, individual building or module for combination with other elements to form a building on the site.
(2) MOBILE HOME. Manufactured housing which is constructed on a chassis. A mobile home shall be construed to remain a whole home, subject to all regulations applying thereto, whether or not wheels, axles, hitches or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. A travel trailer or other form of recreational vehicle shall not be construed as a mobile home.
(3) MOBILE HOME COMMUNITY. A mobile home development, with continuing local general management and with special facilities for common use by occupants, including such items as common recreational buildings, and/or areas, common open space, and the like.
(C) Permitted uses.
(1) One- and two-family detached, semi-detached, and attached dwellings.
(2) Mobile home communities.
(3) Public or private parks or playgrounds.
(D) Accessory uses. Uses and structures incidental and accessory to specified permitted uses to include common areas, community/recreational facilities and offices for rental and management of units therein.
(E) Development standards. The following standards for the arrangement and development of land and buildings are required in the R-4 District.
(1) Minimum lot area.
(a) The minimum lot area for any mobile home community shall be ten acres. Maximum gross density shall not exceed six mobile homes per acre.
(b) Individual mobile home lots shall be not less than 2,500 square feet.
(c) For any other permitted use, the minimum lot area shall be not less than 7,000 square feet.
(2) Minimum lot width.
(a) The minimum lot width for any mobile home community shall be not less than 250 feet. Frontage shall be provided on a publicly dedicated and improvement street. The ratio of width to depth shall not exceed one to five.
(b) The minimum lot width for any individual mobile home lot shall be not less than 30 feet.
(c) For any other permitted use, the minimum lot width shall not be less than 75 feet.
(3) Minimum front yard.
(a) The minimum front yard depth for any mobile home community shall be not less than 35 feet.
(b) For any other permitted use, the minimum front yard depth shall be 25 feet.
(4) Minimum side yard width.
(a) The minimum side yard width for any mobile home community shall be not less than 35 feet.
(b) The minimum side yard width for any individual mobile home lot shall be not less than eight feet.
(c) For any other permitted uses, the minimum side yard width shall be not less than eight feet, with a minimum of 20 feet for the sum of side yards.
(5) Minimum rear yard depth.
(a) The minimum rear yard depth for any mobile homes community shall be not less than 35 feet.
(b) The minimum rear yard depth for any individual mobile home lot shall be not less than ten feet.
(c) For any other permitted use, the minimum rear yard depth shall be not less than 40 feet.
(6) Minimum lot coverage. Detached dwelling units and their accessory buildings shall not occupy more than 40% of the lot area of any individual mobile home lot.
(7) Required open space and recreational areas.
(a) 1. At least 15% of the gross land area for any mobile home community shall be reserved for common recreational areas and facilities, such as playgrounds, swimming pools, pedestrian paths, and similar facilities.
2. Such recreational areas shall not include streets or parking areas, shall be closed to motorized traffic except for maintenance and service vehicles, and shall be landscaped, improved and maintained for the uses intended.
(b) 1. At least 10% of the gross land area of each individual mobile home lot shall be provided as an outdoor living area. Such outdoor living area shall not be counted as any portion of the required common recreational area referenced in division (E)(7)(A) of this section.
2. Such outdoor living area shall be properly drained, located for optimum use, and fenced or planted to provide for reasonable privacy. A portion of the outdoor living area may be covered by a roof or outdoor storage shed, provided the provisions of division (E)(6) of this section are followed.
(8) Maximum building height. Twenty-five feet.
(9) Anchors and skirting. Each mobile home shall be provided with anchors and tie-downs suitable to insure the securing and stability of the mobile home. Each mobile home shall be provided with a suitable skirt, entirely enclosing the area below the floor of the structure to the ground.
(10) Off-street parking.
(b) In mobile home communities, parking spaces shall be provided for two vehicles for each mobile home. Such parking spaces shall be located either on the same lot as the dwelling which they serve, or in specially provided common areas located not more than 200 feet from the dwelling which they serve, or some combination thereof. Required parking spaces shall not be provided on public or private streets within and on the perimeter of the community. Parking shall be so arranged that there is no maneuvering incidental to parking in the travel lane of streets.
(11) Lots and locations of dwellings on lots; occupancy.
(a) Location on the lot shall be suitable for the type of dwelling proposed, considering size, required open spaces, and manner of support.
(b) Any improvements on the lot, including those necessary for the support or anchoring of the dwelling as required by this chapter, shall be provided to the dwelling prior to the granting of a certificate of occupancy.
(c) The limits of each mobile home lot shall be clearly marked on the ground by permanent flush stakes, markers, or other suitable means.
(12) Access. All mobile home communities shall have direct access to collector streets with a right-of-way of not less than 60 feet in width. Principal vehicular access points shall be designed to encourage smooth traffic flow. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated traffic volumes indicate need. Minor streets shall not be connected with streets outside the district in such a way so as to encourage the use of those streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.
(13) Streets and street layout.
(a) All streets, whether private or dedicated to the city, providing access to the individual lots in a mobile home community, shall be dimensioned and improved in accordance with the standards and requirements of the Subdivision Regulations of the city.
(b) The proposed layout of streets within a mobile home community shall be approved by the Planning Commission. In making such determinations, the Planning Commission may procure the assistance of an engineer or other professional. All costs associated with such approval shall be paid by the applicant prior to issuance of Certificates of Occupancy.
(15) Water and sewer. Any mobile home community shall be provided with a water and sanitary sewer distribution system, serving each individual mobile home lot, which is connected to the municipal water and sanitary sewage system. The design and construction of such distribution systems shall be approved by the Ohio Environmental Protection Agency and the city. All costs associated with such approvals shall be paid by the applicant prior to the issuance of certificate of occupancy.
(16) Storm drainage. All areas within a mobile home community shall be graded and drained so as to minimize standing water and surface runoff. Open drainage ditches shall be prohibited. The proposed methods for alleviation of standing water and excessive surface runoff shall be submitted by the applicant, and approved by the city. All costs associated with such approvals shall be paid by the applicant prior to the issuance of certificates of occupancy.
(17) Underground utilities. All utility lines, including electricity, telephone, and cable television shall be located underground.
(18) Trash and garbage control. All trash and garbage shall be stored in container systems which are located and enclosed in a manner which provides ease of access to individual mobile home lots, while effectively screening them from view. Screening of trash and garbage areas shall meet the requirements of §§ 156.130 through 156.133 of this chapter. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the mobile home community.
(19) Fire protection. Within each mobile home community there shall be provided a fire protection system approved by the local fire authority. Standard fire hydrants shall be located within 400 feet of all mobile lots, or another system constructed which in the opinion of the local fire authority provides an equal or greater measure of protection.
(Ord. 34-90, passed 12-26-90)
§ 156.037 (RO) RESIDENTIAL OFFICE DISTRICT.
(A) Purpose. The RO District is to be used in residential areas along major thoroughfares that are subject to development pressure for commercial use. The intent of the district is to provide for small low-intensity administrative and professional office use in a regulated environment that will retain the area's residential character.
(B) Permitted uses.
(1) Any use or structure specified as permitted in the R-1A District.
(2) Two-family dwellings.
(3) Home occupations, as regulated in § 156.062 of this chapter.
(4) Administrative and business offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers subject to the provisions of division (D) of this section, consisting of:
(a) Brokers and dealers in securities and investments, not including commercial banks and savings institutions.
(b) Insurance agents and brokers.
(c) Real estate sales and associated services.
(5) Offices for professional services, such as physicians, dentists, lawyers, architects, engineers and similar professions subject to the provisions of division (D) of this section.
(C) Accessory uses.
(1) Private detached garages or carports; storage sheds and buildings.
(2) Temporary buildings for uses incidental to construction work, which shall be removed upon completion or abandonment of the construction work.
(3) Dishes and other devices for reception of television signals, provided such devise is for the sole use by the occupants of the principal use of the property and such device is not located in a front or side yard.
(D) Conditional uses. Bed-and-breakfast inns, provided that the owner/operator resides on the premises, and that the provisions of division (E)(2) through (7) of this section are met.
(E) Special provisions for office and conditional uses.
(1) Hours. Permitted uses shall be conducted principally in daylight hours.
(2) Nuisance. Permitted uses shall not create a nuisance from noise, smoke or odor.
(3) Appearance. Structures shall maintain a residential appearance and be compatible with surrounding residences, in size and scale.
(4) Lighting. Lighting shall be limited to those types customarily found in residential neighborhoods. Any lights shall be arranged so as to not shine on adjacent properties.
(5) Signage. Exterior signage shall be limited to a single nameplate not more than two square feet in size. No signs shall be internally illuminated.
(6) Storage. Storage of materials and equipment shall be within enclosed buildings.
(F) Development standards. Minimum lot area, minimum lot width, minimum front yard depth, minimum side yard width, minimum sum of side yard widths, minimum rear yard depth, and maximum building height for all permitted and conditional uses shall be as required for the R-1C District.
(G) Additional information required for zoning amendment. Due to-special conditions inherent to this district, additional information may be required of an applicant seeking a rezoning of property to the RO Zoning District. Such information shall be specified by the Planning Commission and may include site layout, dimensions of driveways and entrances, vehicular circulation patterns, location of off-street parking spaces, and landscaping.
(Ord. 34-90, passed 12-26-90)
§ 156.038 (B-1) NEIGHBORHOOD BUSINESS DISTRICT.
(A) Purpose. The purpose of the Neighborhood Business District is to provide for the orderly development of neighborhood shopping facilities serving the regular day-to-day convenience shopping and personal service needs of nearby residents. Commercial establishments within the B-1 District will be more closely associated with the residential land uses at the neighborhood level, more restrictive requirements related to size and scale, open space, and landscaping are necessitated than in other commercial districts.
(B) Permitted uses.
(1) Administrative and business offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers consisting of:
(a) Brokers and dealers in securities, investments and associated services, not including commercial banks and savings institutions.
(b) Insurance agents and brokers and associated services.
(c) Real estate sales and associated services.
(2) Professional offices engaged in providing services to the general public consisting of:
(a) Medical and medical-related activities, but not including veterinary offices or animal hospitals.
(b) Other health or allied medical facilities.
(c) Professional, legal, engineering and architectural services, not including the outside storage of equipment.
(d) Accounting, auditing and other bookkeeping services.
(3) Retail stores primarily engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of those goods; provided all storage and display of merchandise shall be within the principal structure, including:
(a) Food and food products, consisting of: grocery stores, meat and fish markets, fruit stores and vegetable markets, and specialty stores such as bakery, candy or confectionery.
(b) Proprietary drug and hardware stores.
(c) Similar retail stores, consisting of: florists, gift, antique or second-hand stores, books and newspapers, sporting goods, jewelry, optical goods, and other retail stores which conform to the purpose and intent of the Neighborhood Business District.
(4) Personal services, involving the care of the person and his/her personal effects, including consumer services generally involving the care and maintenance of tangible personal consumption, including:
(a) Restaurants, but not including restaurants with drive-through facilities.
(b) Banks, savings and loans, and credit agencies, but not including establishments with drive-through facilities.
(c) Barber and beauty shops, having no more than three work stations.
(d) Funeral services.
(e) Human medical clinics.
(f) Radio, television or small appliance repair.
(g) Commercial photography.
(h) On-premises duplication services.
(5) Nursery schools and day care facilities.
(C) Conditional uses.
(1) Veterinary offices, not including outside boarding of animals.
(2) Multiple-family residences, subject to the development standards of the R-3 District.
(D) Development standards.
(1) Lot area. No minimum lot area is required; however, lot area shall be adequate to provide the required parking and yard areas.
(2) Lot width. No minimum lot width is required; however all lots shall abut an improved public street designated on the City Thoroughfare Plan as having not less than collector status. All lots shall have adequate width to provide for required parking and yard area.
(3) Front yard setback. The minimum front yard setback shall be the average of the existing adjacent commercial structures on the same side of the street and facing thereon within the same block. Where there are not adjacent commercial structures, the front yard setback shall not be less than 30 feet measured from the street right-of-way.
(4) Side yards. For new principal structures, including service and loading areas, the required side yard shall be not less than ¼ the sum of the height and depth of the building; but in no case shall be less than 15 feet, unless adjacent to any district where residences are a permitted use, wherein the side yard shall be no less than 50 feet.
(5) Rear yards. For new principal structures, the required rear yard shall be not less than ¼ the sum of the height and depth of the building; but in no case shall be less than 20 feet, unless adjacent to any district where residences are a permitted use, wherein the rear yard shall be no less than 50 feet.
(6) Additional yard and pedestrian areas. Where new development in the B-1 District is located adjacent to a district where residences are a permitted use, the Planning Commission may require that at least 5% of the lot area, exclusive of parking areas and public rights-of-way, shall be devoted to landscaped yards or pedestrian space.
(7) Maximum building size. Individual uses within B-1 District shall have usable floor area of not more than 5,000 square feet. Individual buildings containing multiple uses within the B-1 District shall have a usable floor area of not more than 25,000 square feet.
(8) Lighting. Lighting fixtures within the B-1 District shall be so arranged, shielded and directed so as to not shine directly on any adjacent residential property.
(10) Landscaping. The landscaping of all parking and service areas is encouraged in the B-1 District. If side or rear yards are located adjacent to any areas where single-family or two-family residences are permitted uses, landscaping and screening shall be required in those yards to meet the requirements of §§ 156.130 through 156.133 of this chapter.
(11) Trash and garbage control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
(Ord. 34-90, passed 12-26-90)
§ 156.039 (B-2) DOWNTOWN BUSINESS DISTRICT.
(A) Purpose. The purpose of the Downtown Business District is to provide for a wide range of commercial, retail and service facilities of such a nature as to be compatible with the specific environment of the downtown area. The Downtown Business District is intended to provide for a more intensive type of commercial activity than in the B-1 District, however, such activity should be pedestrian-oriented, and compatible with the reuse of existing older structures.
(B) Permitted uses.
(1) Administrative, business and professional offices as permitted in § 156.038(B)(1) and (2).
(2) Retail stores primarily engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of these goods:
(a) Food and food products, consisting of: grocery, meat, fish, fruit or vegetable markets or combinations thereof, dairy or bakery products, specialty food stores such as candy or confectionery, and miscellaneous food stores which conform to the purpose of the Downtown Business District.
(b) General merchandise, consisting of: department stores, and limited price variety stores.
(c) Home furnishings, consisting of: furniture and equipment sales, radio, television, and music stores.
(d) Building material retail stores, not having outside storage or material, consisting of: plumbing and electrical supplies, paint, wallpaper, upholstery, and interior decorating stores, and hardware stores.
(e) Apparel, consisting of: clothing, furnishings, and accessory items for men, women and children, custom tailor shops and combined apparel sales and personal service operations, and miscellaneous apparel and accessory stores.
(f) Similar retail stores, including: drug stores, florists, gift and novelty stores, books and newspapers, camera, photographic and optical goods, jewelry, antique stores, specialty stores, and other retail stores which conform to the purpose and intent of the Downtown Business District.
(3) Personal services, involving the care of the person and his/her personal effects, including consumer services generally involving the care and maintenance of tangible property or the provision of tangible services for personal consumption including:
(a) Restaurants, but not including restaurants with drive-through facilities.
(b) Banks, savings and loans, and credit agencies, but not including establishments with drive-through facilities.
(c) Barber and beauty shops.
(d) Dry-cleaning establishments.
(e) Funeral services.
(f) Human medical and dental clinics.
(g) Radio, television, or small appliance repair.
(h) Public and private parking areas.
(i) On-premises duplication facilities.
(4) Business services engaged in the providing of services to business establishments on a fee or contract basis, consulting services, protective services, office equipment rental, lease or purchase, commercial research and development.
(5) Buildings for the warehousing and/or storage of materials.
(6) Public facilities such as governmental offices, post office, police and fire stations, libraries, museums, private schools, and public parks.
(7) Public parking areas.
(8) Residential on second and third floors.
(9) Similar uses, which conform to the purpose and intent of the Downtown Business District, as determined by the Planning Commission in accordance with the provisions of § 156.030(B)(5).
(10) Tattoo shops.
(C) Conditional uses.
(1) Hotels and bed-and-breakfast inns.
(2) Self-service car washes.
(D) Development standards.
(1) Lot area. No minimum lot area is required; however, lot area shall be adequate to provide the required parking and yard areas.
(2) Lot width. No minimum lot width is required.
(3) Front yard setback. The minimum front yard setback shall be the average of existing commercial structures on the same side of the street and facing thereon within the same block. Where there are no adjacent commercial structures, the front yard setback shall be not less than 20 feet measured from the street right-of-way.
(4) Side yards. No minimum side yard shall be required unless the building or structure is adjacent to an R District, in which case the side yard shall be 15 feet.
(5) Rear yards. No minimum side yard shall be required unless the building or structure is adjacent to an R-District, in which case the rear yard shall be 20 feet.
(7) Landscaping. The landscaping of all parking and service areas is encouraged in the C-2 District. If side or rear yards are adjacent to any district where single-family or two-family residences are a permitted use, landscaping and screening shall be required in those yards to meet the requirements of §§ 156.130 through 156.133.
(8) Trash and garbage control. All trash and garbage shall be stored in container systems which are located and enclosed so as to effectively screen them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
(Ord. 34-90, passed 12-26-90; Am. Ord. 21-97, passed 9-10-97; Am. Ord. 15-2014, passed 7-9-14; Am. Ord. 11-2015, passed 10-14-15)
§ 156.040 (B-3) GENERAL BUSINESS DISTRICT.
(A) Purpose. The General Business District is established to provide areas for the growth of businesses that generate a high degree of activity dependent on high traffic volumes. These uses, by their nature, increase traffic congestion on abutting public roadways and cause specific impacts on adjacent uses. The intent of the B-3 District is to encourage the most compatible relationship between permitted uses and overall traffic movement within the city, while minimizing negative impacts on adjacent land uses.
(B) Permitted uses.
(1) Any use or structure specified as a permitted or conditional use in the B-2 District, except self-service car wash which shall continue as a Conditional Use under § 156.040(C)(1).
(2) Commercial recreational faculties such as community and public swimming pools, skating rinks, bowling alleys, physical fitness centers.
(3) Lumber and home improvement sales.
(4) Motor vehicle sales.
(5) Automobile service establishments, including gasoline service stations, but not including truck servicing establishments.
(6) Hotels and motels.
(7) Garden centers.
(8) Carry out food and beverage establishments with drive-through facilities.
(9) Similar uses, as determined by the Planning Commission, in accordance with the provisions by § 156.030(B)(5) of this chapter.
(10) Off-premises signs, subject to the regulations of § 156.115 of this chapter.
(C) Conditional uses.
(1) Self-service car washes.
(2) Truck servicing establishments provided such establishments are located adjacent or with direct access to a state highway.
(3) Temporary or seasonal outdoor sales lots having a maximum operating duration of four months, provided all other permits are obtained.
(4) Public mini-warehouse storage units.
(5) Bars/sport bars.
(D) Development standards.
(1) Minimum lot area. No minimum lot area is required; however, lot area shall be adequate to provide for the required parking and yard areas.
(2) Minimum lot width. One hundred feet of frontage on a publicly dedicated and improved street or highway which is designated as not less than arterial status on the City Thoroughfare Plan.
(3) Minimum front yard depth. Forty feet.
(4) Minimum side yard.
(a) When abutting a non-residential zoning district: Twenty feet for structures, ten feet for paved areas.
(b) When abutting a residential zoning district: Fifty feet for structures, 35 feet for paved areas.
(5) Minimum rear yard.
(a) When abutting a non-residential zoning district: Thirty feet for structures, ten feet for paved areas.
(b) When abutting a residential zoning district: Fifty feet for structures, 35 feet for paved areas.
(6) Building height. Thirty-five feet.
(8) Landscaping. The landscaping of all parking and service areas is encouraged in the B-3 District. If side or rear yards are located adjacent to any district where single-family or two-family residences are a permitted use, landscaping and screening shall be required in those yards to meet the requirements of §§ 156.130 through 156.133 of this chapter.
(9) Trash and garbage control. All trash and garbage shall be stored in container systems systems which are located and enclosed so as to effectively screen them from view. The disposal of trash and maintenance of the area shall be the responsibility of the owner of the property.
(Ord. 34-90, passed 12-26-90; Am. Ord. 7-96, passed 5-21-96; Am. Ord. 21-97, passed 9-10-97; Am. Ord. 24-2001, passed 9-26-01)
§ 156.041 (CF) COMMUNITY FACILITIES DISTRICT.
(A) Purpose. For the purpose of this section, COMMUNITY FACILITIES, means facilities classified as main and accessory uses listed in division (B) of this section. The Community Facilities District and regulations are established in order to achieve the following purposes:
(1) To provide a proper owning classification for governmental, civic, welfare and recreational facilities in proper locations and extent so as to promote the general safety, convenience, comfort and welfare;
(2) To protect community facilities and institutions from the encroachment of certain other uses and to make such uses compatible with adjoining residential uses; and
(3) To regulate the location of such facilities so as to ensure their proper functioning in consideration of traffic, access, and general compatibility.
(B) Permitted uses. Buildings and land within the CF District shall be utilized only for the uses set forth in the following schedule:
Main Buildings and Uses | Accessory Buildings and Uses
|
Main Buildings and Uses | Accessory Buildings and Uses
|
Governmental: Municipal, county state and federal buildings for administrative functions and use by the general public. | Public parking areas, maintenance facilities, signs, residence for custodians or guards. |
Civic: Art galleries, libraries, museums, places for public assembly; memorials, monuments, fraternal organizations and private clubs. | Maintenance facilities. Bulletin boards and signs as hereinafter regulated. |
Educational: Primary and secondary public, private or parochial schools, nursery schools. | Parking areas, playgrounds, signs. |
Health Care: General and special hospital and clinics, convalescent centers, institutions for care of children or senior citizens. | Parking areas, signs. |
Senior Citizen Housing: Retirement centers, congregate care facilities. | Parking areas, signs. |
Religious: Churches and places of worship. | Maintenance facilities and parking areas, signs. |
Infrastructure and Public Service: Buildings housing equipment and offices related to the provision of essential services, but not including actual lines and smaller structures such as pump stations. | Parking areas, signs. |
Radio and television antennas and antenna towers. | Parking areas, structures directly related to operation of facility, not including offices or broadcast studios. |
Recreational: Public and private parks, recreation fields and playgrounds, lakes, cemeteries, golf courses, nature preserves, and similar open space facilities, not including such facilities developed for prize use by occupants of a resident of the premises. | Parking areas, clubhouses, administrative and maintenance structures, mausoleums, signs. |
(C) Lot and area regulations. The area or parcel of land for a permitted public facility shall not be less than that required to provide a site adequate for the main and accessory buildings, off-street parking and other accessory buildings, off-street parking and other accessory uses, set backs, yards and open spaces to accommodate the facility and maintain the character of the neighborhood. The area or parcel of land for a permitted community facility shall be approved by the Planning Commission, pursuant to division (E) of this section.
(D) Yard regulations.
(1) Front yards. The front yard setback shall be not less than the largest required front yard setback for any adjacent zoning district.
(2) Side and rear yards.
(a) The yards for each public facility building shall be not less than the criteria set forth in the following schedule when adjacent to any district where residences area permitted use.
Main Buildings and Uses
|
Minimum Yard - Side and Rear (Feet)
|
Main Buildings and Uses
|
Minimum Yard - Side and Rear (Feet)
|
Governmental: Administrative buildings | 50 |
Civic: Nonassembly buildings Assembly buildings | 50 75 |
Educational: Public, private and parochial schools | 75 |
Health Care: Buildings | 50 |
Senior Citizen Housing | 50 |
Religious: Churches and planned public worship | 75 |
Infrastructure: Buildings Radio and television antennas | 50 100% of the height of the antenna and antenna tower |
Open Space and Recreation: Buildings | 75 |
(b) If the proposed community facility is located adjacent to a non-residential zoning district, then the side and rear yards shall be not less than the largest yard required in that district.
(3) Driveways, parking areas, play areas. Driveways and parking areas serving the community facility may be located within the side or rear yard set forth in the above schedule but driveways shall be located not less than ten feet and parking areas less than 20 feet from adjacent lot line, and play areas shall not be located less than 50 feet from any adjacent district where residences are a permitted use.
(E) Approval by Planning Commission.
(1) In addition to the material required for the application for a zoning amendment, as specified in § 156.227(C) of this chapter, a Development Plan shall be submitted for land proposed to be zoned into the CF District. Such development plan shall include a site plan for the proposed public facility, as well as any other information deemed necessary to determine compliance with this chapter.
(2) The development plan shall be reviewed by the Planning Commission and considered in making its recommendation to City Council. The Planning Commission shall display the development plan at any public hearing held pursuant to § 156.227(E) of this chapter. Criteria for reviewing a Development Plan for a community facility are as follows:
(a) The proposed building or use shall be located properly in accordance with this section.
(b) The proposed public facility shall be located on a major arterial or collector street as shown on the Thoroughfare Plan, so as to generate a minimum of traffic on local streets. Elementary schools and playgrounds or parks intended for neighborhood use may, however, be located on local streets.
(c) The location, design and operation of the community facility shall not impose undue adverse impacts on surrounding residential neighborhoods.
(F) Action by City Council. In approving the redistricting of land into the CF District, City Council may specify appropriate conditions and safeguards applying to the specific proposed facility.
(G) Compliance with development plan. The construction of all buildings and the development of the site within the CF District shall be in conformity and compliance with the approved Development Plan.
(Ord. 34-90, passed 12-26-90)
§ 156.042 (LI) LIMITED INDUSTRIAL DISTRICT; (GE) GENERAL EMPLOYMENT DISTRICT.
(A) Purpose. These regulations are established to provide for a range of industrial and other employment-generating activity, while protecting the health, safety and welfare of the users of the district and residents of the city. Two separate industrial districts are established.
(1) LI - Limited Industrial District. This district provides areas where most industrial and industrial-related activities may locate. Retail activities are limited and residential uses are prohibited. The district is intended for areas which are primarily undeveloped, having larger lots and irregular block patterns.
(2) GE - General Employment District. This district provides areas for a wider range of employment opportunities. The district allows for a more restricted range of industrial activities, but a wider range of office, business and retail uses. As with the LI District, this district is intended for areas which are primarily undeveloped.
(B) Permitted and conditional activities. Permitted and conditional activities in each district are as shown on the following table. Descriptions and characteristics of activity categories listed are contained in division (C) of this section.
District
| ||
Activity |
LI
|
GE
|
District
| ||
Activity |
LI
|
GE
|
Industrial categories | ||
Industrial products sales | P | C |
Industrial service | P | C |
Manufacturing and production | P | C |
Warehouse and distribution | P | P |
Sales and service categories | ||
General office activities | C | P |
Personal service | C | P |
Retail product sales and service | P | P |
Vehicle service | P | P |
Other activities | ||
Radio/television broadcast facility | P | C |
Off premises sign | P | P |
P = Permitted activity C = Conditional activity N = Not permitted or conditional | ||
(C) Activity categories for Industrial Districts.
(1) Industrial categories.
(a) Industrial product sales.
1. Characteristics. Firms are involved in the sale, rent or lease of products generally intended for industrial or commercial users. Sales may be wholesale or retail. Emphasis is on on-site sales or order-taking and may include display areas. Products may be delivered to the customer.
2. Accessory activities. Accessory activities may include administrative offices, product repair, and warehouses.
3. Examples. Industrial product sales activities may include: sale of machinery and equipment, special trade tools, electrical supplies, janitorial supplies, restaurant equipment, office furniture, and store fixtures. Industrial Product Sales also include industrial equipment and vehicle rentals.
4. Exceptions. Firms that primarily engage in retail sales to the general public are classified as retail product sales and service.
(b) Industrial service.
1. Characteristics. Firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment or products. Few customers, especially the general public, come to the site.
2. Accessory activities. Accessory activities may include administrative offices.
3. Examples. Industrial Service activities may include welding shops; machine shops; tool and appliance repair; electric motor repair; truck and large equipment repair, storage and salvage; headquarters for building, heating, plumbing or electrical contractors; printing, publishing and blueprinting; janitorial and building maintenance services; medical, research and testing laboratories; laundry, drycleaning, and carpet cleaning plants; and photofinishing laboratories.
(c) Manufacturing and production.
1. Characteristics. Firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on-site. Relatively few customers come to the manufacturing site.
2. Accessory activities. Accessory activities may include: administrative offices, cafeterias, employee recreational facilities, warehouse, storage yards, outlets, and caretaker's quarters. Retail outlet as an accessory to manufacturing plants shall be treated as retail product sales and service.
3. Exceptions. Manufacturing of goods to be sold primarily on-site and to the general public are classified in the retail product sales and service category.
(d) Warehouse and distribution.
1. Characteristics. Firms are involved in the movement, storage and/or sales of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer. The category includes wholesale sales which are not open to the general public and where on-site sales are low.
2. Accessory activities. Accessory activities may include: administrative offices, truck fleet parking and maintenance areas, repackaging of goods, and showrooms or display areas, but generally not for direct sale.
3. Examples. Warehouse and distribution firms may include: warehouse used by retails stores such as furniture and appliance stores; food and hardware distributors; household moving and general freight storage; distribution of industrial items; building materials, plumbing and electrical distributors; truck terminals; parcel services; major post offices; mail order houses; and public mini-warehouses except however, that public mini-warehouses shall be permitted in the GE- General Employment District, only as a conditional activity.
(2) Sales and service categories.
(a) General office activities.
1. Characteristics. Firms where activities are conducted in an office setting and generally focus on business or personal services. If the office activity is part of a larger firm, it does not need to be on the same site as the primary activity. Most people coming to the site are employees.
2. Accessory activities. Accessory uses may include: cafeterias, health facilities, or other amenities primarily for the use of employees in the firm or building.
3. Examples. Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as brokerage houses, lenders, or realtors; data-processing; sales offices; industrial or commercial company head-quarters when not adjacent with other portions of the firm; and government offices.
(b) Personal service.
1. Characteristics. These establishments provide on-site personal services or entertainment to the general public or business person.
2. Accessory activities. Accessory uses may include: administrative offices, product sales and laboratories.
3. Examples. Examples include barbers, hair salons and personal care services; banks, savings and loans, and credit unions; continuous entertainment activities such as arcades, bowling alleys, ice rinks, libraries, and museums; cafes, restaurants, bars, and taverns, day care facilities; laundromats; business and trade schools; dance and martial arts schools; health clubs, gyms, racquet centers, membership clubs, and lodges; medical related offices such as doctors, dentists, optometrists and veterinarians; public service agencies such as employment offices, social service agencies, and permit issuing offices.
(c) Retail product sales and service.
1. Characteristics. Firms are involved in the sale, lease or rent of used products or goods to the general public and/or provide on-site product repair or services for consumer and business goods. Goods are displayed and sold on-site, and use or consumption is primarily off-site. Goods are generally taken off-site by the customer at the time of sale or may be delivered by the firm. For items being serviced, customers generally deliver and pick up the items and spend little time at the site.
2. Accessory activities. Accessory uses may include: offices, storage and display of goods.
3. Examples. Examples include: stores selling apparel, housewares, furniture, hardware, auto parts, flowers, personal care items, sporting goods, office products and machines, and computers; food, produce or meat markets; delicatessens and caterers; tool rental and house-hold moving centers; sales of cars, motorcycles, boats, and recreational vehicles; repair of TVs, appliances, shoes, precision instruments, and business machines; laundry or dry cleaning drop- off; on-site launderer; photo drop-off; quick printing or reproducing; tailors; locksmiths; upholsterers; and furniture refinishing.
4. Exceptions.
A. Lumber yards and similar building material sales which sell primarily to contractors and do not have a retail orientation are classified in the industrial product sales category.
B. Repair and service of consumer vehicles is classified in the vehicle service category. Repair of motor vehicles in conjunction with vehicle sales is classified in the vehicle service category.
C. Repair and service of industrial vehicles and equipment is classified in the industrial service category.
(d) Vehicle services.
1. Characteristics. Firms servicing automobiles, light trucks and other consumer vehicles such as motorcycles, boats and recreational vehicles.
2. Accessory activities. Accessory uses may include offices and sales of parts.
3. Examples. Examples may include gas stations, vehicle repair, auto body shop, alignment shop, auto upholstery shop, tire sales and mounting, towing and vehicle storage; and surface or garage fee parking.
(3) Other activity categories.
(a) Radio or television broadcast facility. Characteristics. Any and all devices, equipment, machinery, structures or supporting elements necessary to produce nonionizing electro-magnetic radiation within the range of frequencies from 100 KHz to 300 KHz and operating as a separate unit to produce a signal or message.
(D) Lot and yard requirements.
(1) Minimum lot area. No minimum lot area is required in the LI or GE Districts, however, lot area shall be sufficient to provide for all yards and distances as required by this chapter.
(2) Lot width. All lots shall abut a public or private street and have adequate lot width to provide for yards and distances as required by this chapter.
(3) Side yards. For any structure or service area, within the LI or GE Districts, the required side yard shall be not less than 25 feet from any interior lot line.
(4) Rear yards. For any structure or service area within the LI or GE Districts, the required rear yard shall not be less than 25 feet from any interior lot line.
(5) Maximum lot coverage. For structures and paved areas within the LI or GE Districts, the maximum lot coverage shall be 75%. The remainder of the site shall be landscaped in natural vegetation.
(6) Distance from Residential Districts.
(a) In any land annexed to the city after the effective date of this chapter which is located in the LI District, no structure, service area or parking area shall be located less than 500 feet from any district where residences are a permitted use.
(b) In any land within the city as of the effective date of this chapter which is located in the LI district, no structure, service area or parking area shall be located less than 200 feet from any district whose residences are a permitted use.
(c) In no case shall any structure, service area or parking are in any GE District be located less than 200 feet from any district where residences are a permitted use.
(E) Exterior development.
(1) Exterior operations. Exterior operations include: outdoor processing, assembly or fabrication of goods; movement of bulk goods not in containers or pipelines; maintenance, repair and salvage of equipment exterior operations shall not be permitted in the GE District, but shall be permitted in the LI District.
(2) Exterior storage. Exterior storage includes the outdoor storage of: raw or finished goods (packaged or bulk) including gases, chemicals, gravel, building materials; packing materials; salvage goods; machinery; equipment; damaged vehicles, and the like. Exterior storage shall be permitted in the LI District but not permitted in the GE Districts, unless an acceptable plan for screening such storage is submitted to and approved by the Planning Commission.
(3) Exterior display. Exterior display includes the display of products. vehicles, equipment and machinery for sale or lease. Display items are intended to be viewed by customers and are not just being stored or parked. Exterior display does not include damaged vehicles, vehicles or equipment being serviced, bulk goods and materials, or other such products. Exterior display shall not be permitted in the LI District but shall be permitted in the GE District.
(F) Off-site impacts. No land or structure in the LI or GE Districts shall be used or occupied in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable impact on any land which is located in any other zoning district. Such impacts may result from noise, vibration, odor, smoke or dust, or glare. Statements in writing that such uses comply or will comply with such uses may be required by the Planning Commission from the owner. In cases of doubt, the city shall select and arrange for an independent survey by a professional engineer qualified in the particular field and the costs for such service shall be paid by the applicant.
(1) Noise. The sound pressure level of any operation on a lot within the LI or GE Districts shall not exceed the average intensity of street traffic noise in the nearest residential districts, and no sound shall be objectionable due to intermittence, best frequency or shrillness.
(2) Vibration. No vibrations which are perceptible without the aid of instruments shall be permitted, as measured on the lot within the non-industrial district.
(3) Odor. No emission of odorous matter in any quantities so as to produce a public nuisance shall be permitted, as measured on the lot within the non-industrial district.
(4) Dust and smoke. The emission of smoke, soot, fly ash, fumes, dust or other types of pollutants borne by the wind shall be controlled so that the rate of emission and quantity deposited do not create a public nuisance, as measured on the lot within the non-industrial district.
(5) Glare. Exterior lighting shall be used in a manner that produces no glare on public highways or non-industrial zoned land.
(Ord. 34-90, passed 12-26-90; Am. Ord. 7-96, passed 5-21-96)
§ 156.043 (FP) FLOODPLAIN DISTRICT (OVERLAY).
(A) Purpose. It is the intent of the Floodplain District (FP) to prohibit the use of floodplains for uses which could be detrimental to health and welfare. The Floodplain District (FP) is an overlay zoning district and the underlying district standards and requirements shall apply in addition to the Floodplain District (FP) regulations and requirements.
(B) Lands subject to flooding. For the purpose of this chapter, FLOODPLAINS are defined as those lands subject to inundation by the 100-year flood, as identified in the engineering report entitled “Flood Insurance Study for the City of Washington, Ohio”, with accompanying Flood Boundary and Floodway Maps and/or Flood Insurance Rate Maps dated August 15, 1978, and any revisions thereto.
(C) Permitted uses. The only uses allowed in the FP District are those which meet the requirements of Chapter 152 of this code of ordinances, as amended, and which are permitted in the underlying zoning district.
(D) Development standards. The standards for development within the FP District shall be as stated in Chapter 152 of this code of ordinances, as amended, and as specified in the underlying zoning district.
(Ord. 34-90, passed 12-26-90)
§ 156.044 (HD) HISTORIC DISTRICT (OVERLAY).
(A) Purpose.
(1) The city contains numerous historic architectural and environmental assets that establish an environmental character. This environmental character is directly linked to the economic, social, historical and cultural health and well-being of the community. The purpose of the Historic District is to protect and preserve these assets and to prevent intrusions and alterations within the established districts which would be incompatible with their established character.
(2) The Historic District is an Overlay District. This means that the requirements of this section are requirements which must be met in addition to the established requirements and standards of the base district over which the Historic District is placed.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ALTERATION. Any action to change, modify reconstruct, remove or demolish any exterior features of an existing structure or site within the Historic District. For the purpose of this item, ordinary maintenance to correct any deterioration, decay or damage to a structure or premises and to restore the structure as nearly as practicable, is excluded from the definition of ALTERATION, provided such work does not involve a change in type of building materials.
(2) ARCHITECTURAL CHARACTER. The architectural style, general design, and general arrangement of the exterior of a building or other structure including the type and texture of the light fixtures, signs and other appurtenant fixtures. In the case of an outdoor advertising sign, EXTERIOR FEATURES means the style, material, size and location of the sign.
(3) APPLICANT. Any person, persons, association, organization, partnership, unit of government public body or corporation who applies for a Certificate of Appropriateness in order to undertake an environmental change within the District.
(4) BOARD. The Historic District Review Board of the city.
(5) CERTIFICATE OF APPROPRIATENESS. A certificate authorizing any environmental change within the Historic District.
(6) DISTRICT. The Historic District.
(7) ENVIRONMENTAL CHANGE. The construction, alteration, demolition or removal of any property subject to the provisions of this section.
(8) PRESERVE or PRESERVATION. The process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure and provide structural safety without changing or adversely affecting the character or appearance of the structure.
(9) OWNER. The owner of record, and the term shall include the plurals well as the singular.
(C) District boundaries. The Historic District shall consist of areas to be identified and designated by City Council under separate ordinance. The designation of such areas shall be made by Council after obtaining a recommendation from Planning Commission, and holding a public hearing. Prior to that hearing, notification shall be given to all property-owners and residents of the proposed district, pursuant to the same requirements for zoning amendment.
(D) Historic District Review Board.
(1) Establishment and corporation. The Historic District Review Board is hereby established consisting of the five members of the Planning Commission, and two additional members appointed by City Council for terms of three years. Both additional members shall be residents of the city, and at least one of these two additional members shall be a resident or property-owner of the Historic District. In appointing these two additional members, the Council shall make good faith effort to appoint persons with professional training in the fields of architecture, landscape architecture, design or urban planning.
(2) Procedures. The Historic District Review Board shall adopt its own procedural rules and guidelines.
(E) Certificate of appropriateness required. No environmental change shall be made to any property within the Historic District until a certificate of appropriateness has been properly applied for, and issued by the Board. No building permit or certificate of zoning compliance shall be issued by the Building and Zoning Inspector for any construction, reconstruction, alteration or demolition of any structure now or here-after in the Historic District or subject to the historic process, unless a certificate of appropriateness has been issued.
(F) Procedure for certificate of appropriateness.
(1) The application for a certificate of appropriateness shall be made on such forms as prescribed by the Building and Zoning Inspector, along with such plans, drawings, specifications and other materials as may be needed by the Board to make a determination. At a minimum, such information shall include the following:
(a) Site plan showing building outlines, dimensions and landscaping.
(b) A complete description of the proposed environmental change.
(2) Applications for a Certificate of Appropriateness shall be filed with the Building and Zoning Inspector at least 15 days prior to the meeting of the Historic District Review Board.
(3) The Board shall determine whether the proposed environmental change will be appropriate to the preservation of the environmental, architectural or historic character of the Historic District, pursuant to the criteria specified in divisions (G) and (H) of this section.
(4) In determining the appropriateness of a specific environmental change, the Board may conduct a public hearing on the project and/or solicit input from consultants to the city.
(5) If no action is taken within 60 days from the date of application, the certificate of appropriateness shall be issued as a matter of law.
(G) Criteria of evaluation of application for certification of design appropriateness. In considering the appropriateness of any proposed environmental change, including landscaping or exterior signage, the Historic District Review Board shall consider the following:
(1) The visual and functional components of the building and its site, including but not limited to, building height, massing and proportion, roof shape and slope, landscape design and plant materials, lighting, vehicular and pedestrian circulation, and signage.
(2) The distinguishing original qualities or character of a historic building, structure, site and/or its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural or environmental features should be avoided when possible.
(3) All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance inconsistent or inappropriate to the original integrity of the building shall be discouraged.
(4) Whereas changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment, if these changes are deemed to have acquired significance, then this significance shall be recognized and respected.
(5) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
(6) Significant architectural features which have deteriorated shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or placement of architectural features should be based on accurate duplication of the feature, and if possible, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or availability of different architectural elements from other buildings or structures.
(7) The surface cleaning of masonry structures shall be undertaken with methods designed to minimize damage to historic building materials. Sandblasting and other cleaning methods that will damage the historic building materials should be avoided.
(8) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(9) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the original structure would be unimpaired. Additions to the least significant and least visible of historic properties should be given priority over other designs.
(H) Design criteria. The design standards for the Historic District are described below. A complete copy of the Downtown Design Review Standards is kept on file in the office of the City Auditor. (Ord. 2-92, passed 3-11-92; Am. Ord. 6-93, passed 3-24-93; Am. Ord. 10-94, passed 5-23-94; Am. Ord. 32-94, passed 11-21-94)
(1) Existing structures and premises. Reconstruction or rehabilitation within the Historic District shall conform to the distinguishing, original exterior qualities or character of the structure, its site, and its environment.
(2) New construction. The design of new structures and of additions to existing structures, including new site improvements, shall make into account the architectural style, general design, arrangement, texture, material and color of other structures and premises within the individual precinct.
(3) Materials.
(a) All new structures and all reconstruction or remodeling of existing structures within the Historic District shall utilize natural traditional exterior materials such as brick, stone, masonry and wood.
(b) The use of contemporary materials, such as aluminum, other metals, fiberglass and plastics for exterior surfaces on architecturally significant structures shall be prohibited unless the use of such materials would contribute to preservation or enhancement of existing traditional materials and the overall integrity and longevity of a structure.
(4) Color. Traditional colors and combinations of those colors that are both identified with the origin or the era in which the structure of property was originally built, shall be used for exteriors for all new structures to be built, and reconstruction, remodeling and exterior maintenance of existing structures within the Historic District.
(5) Signs. All signs within the Historic District shall conform to color and material standards of this section, be of such a style or design that reflects the era during which the structure was built, and shall conform to the requirements of §§ 156.110 through 156.118 of this chapter. Sign size and shape shall also respond to the existing proportions of period structures, and signs shall not be permitted to cover, “blank-out” or close existing window and doorway openings or otherwise hide important architectural features.
(I) Demolition of structures. In cases where an applicant applies for a Certificate of Appropriateness to demolish a structure within the Historic District, the Historic District Review Board shall grant the demolition and issue a certificate of appropriateness when at least one of the following conditions prevail.
(1) The structure contains no features of architectural and historic significance to the character of the individual precinct within which it is located.
(2) There exists no reasonable economic use for the structure as it exists or as it might be restored, and that there exists no feasible and prudent alternative to demolition.
(3) Deterioration has progressed to the point where it is not economically feasible to restore the structure.
(J) Maintenance. Nothing in this section shall be construed to prevent ordinary maintenance or repair of any property within the Historic District, provided such work involves no change in material, design, texture, color or exterior appearance; nor shall anything in this section be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any feature which in the view of the Building and Zoning inspector is required for the public safety because of an unsafe, insecure or dangerous condition.
(K) Appeals. Any applicant aggrieved by any decision of the Board may appeal the decision to the City Council. Such appeal shall be taken by the filing of a written statement, setting forth the grounds for the appeal, with the Clerk of City Council within 30 days of the decision of the Board. The City Council may reverse, remand, or modify such decision and shall state the reasons therefore.
(L) Penalty. Whoever constructs, reconstructs, alters, or modifies any exterior architectural or environmental feature now or hereafter within the Historic District in violation of this section, shall be deemed to be guilty of a misdemeanor, subject to the penalties specified in § 156.999 of this chapter.
(Ord. 34-90, passed 12-26-90)
§ 156.045 PLANNED UNIT DEVELOPMENT.
(A) Purpose.
(1) The purpose of these regulations is to provide for Planned Unit Development (PUD) within the city in order to achieve:
(a) A greater choice of living environments by allowing a variety of housing and building types and permitting an increased net density per acre.
(b) A more useful pattern of open space and recreation areas and, if permitted as part of the project, more efficiency in the location of accessory commercial uses and services.
(c) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns.
(d) A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets.
(e) A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive plan.
(2) The city is prepared to accept a higher density in undeveloped areas than that reflected by present zoning, provided the developer can demonstrate that any increment of public cost clearly attributable to increased densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.
(B) Definition. For the purpose of this section, PLANNED UNIT DEVELOPMENT or PUD shall mean an area of land in which a variety of housing types and subordinate commercial facilities are accommodated in a planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The approval of such development contains requirements in addition to those of the standard zoning districts, such as building design principles, and landscaping plans.
(C) Interpretation. Whenever the requirements of this section appear to be in conflict with other sections of this chapter or with those of other existing codes, the provisions of this section shall prevail.
(D) Permitted and conditional uses.
(1) Permitted uses within the R, B-1 and CF Districts may be combined in the PUD District, provided that the proposed location of non-residential uses are compatible with the design of the overall tract, will not adversely impact adjacent property, and that the location of such uses are specified in the preliminary and final development plans.
(2) The amount of land devoted to non-residential uses in a development combining residential and non-residential uses shall require approval by the Planning Commission.
(E) Minimum project area. The gross area of a tract of land proposed to be developed in a planned unit development district shall be a minimum of ten acres. This requirement may be waived by the Planning Commission if all property abutting the subject tract is platted and/or developed.
(F) Common open space.
(1) A minimum of 20% of the gross land area developed in any planned unit development project shall be reserved for common open space and/or recreational facilities of the residents or users of the area being developed. Such common open space shall be:
(a) Dedicated to a homeowner's association who shall have title to the land which shall be retained as common open space. The legal articles relating to the organization of the homeowner's association shall be subject to review and approval by the Planning Commission and shall provide adequate provisions for the perpetual care and maintenance of all such common areas;
(b) Dedicated to the city for parks, open space, or the site of schools or other related public facilities. All land so dedicated to the city shall be subject to the review and approval of the Planning Commission subject to size, shape and location; or
(c) Some combination of divisions (F)(1)(a) and (b) of this section.
(2) Public utility and similar easements and rights-of-way for water courses or other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a bikeway, trail or similar facility and has been approved by the Board.
(G) Utilities. All electrical, telephone, cable television, and similar utility systems shall be located underground.
(H) Arrangement of commercial uses.
(1) When planned unit development districts include commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce traffic congestion and mitigate potential conflict points. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.
(2) The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding non-commercial areas.
(3) Service, delivery, and loading areas shall be, to the maximum possible extent, located to the rear of structures, and screened from view by landscaping.
(4) Parking areas shall be designed so as to discourage single large unbroken paved lots and shall encourage smaller defined parking areas within the total parking system. Such defined parking areas should be delineated and accented by landscaped areas.
(I) Residential density. The maximum residential density shall be eight dwelling units per acre, based on the number of units proposed divided by the area of the site designated for residential use, excluding streets and common areas.
(J) Private roads.
(1) Private roads as a common easement may be used to provide internal circulation to clustered lots and/or individual residential structures in residential planned unit developments in accordance with the following:
(a) The easement shall not be counted as required open space.
(b) Approved as part of the subdivision plat as the most appropriate form of access to lots and/or structures.
(2) Private roads shall not be used to provide access to nonresidential areas.
(K) Other standards. The applicable sections of the Subdivision Regulations (Chapter 155 of this code of ordinances), and the off-street parking, signage and landscaping regulations of this Zoning Code shall apply.
(L) Procedure for approval of PUD District. Planned Unit Development Districts shall be approved in accordance with the procedures specified in divisions (M) - (V) of this section.
(M) Pre-application. The developer is encouraged to meet with the Building and Zoning Inspector and Planning Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purposes of this section and the criteria and standards contained herein, and to familiarize the developer with the Planned Unit Development process, and major thoroughfare plan, the subdivision regulations, and the drainage, sewer, and water systems within the city.
(N) Contents of application for preliminary development plan.
(1) An application for preliminary planned unit development shall be filed with the Planning Commission by at least one owner of the property for which the planned unit development is proposed.
(2) At a minimum, the application shall contain the following information:
(a) Name, address, and phone number of applicant.
(b) Legal description of property.
(c) Description of existing use.
(d) Present and proposed zoning districts.
(e) A vicinity map at a suitable scale, showing property lines, streets, existing and proposed zoning for all property adjacent to and within 200 feet from the proposed site.
(f) A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the Fayette County Auditor's current tax list.
(g) Proposed schedule for the development of the site.
(h) Evidence that the applicant has sufficient control over the land in question to effectuate the proposed development plan.
(i) A Preliminary Development Plan drawn to scale, prepared by a registered architect, registered engineer and/or registered landscape architect. Such plan shall contain the following information at a minimum:
1. Selected uses by area or specific building location, allocation of land use by type as measured in acres, adjacent existing land use, right-of-way, and relationship to adjacent land use.
2. General location of thoroughfares, including type, as well as location and size measured in number of parking spaces for all off-street parking areas, including curb cuts.
3. Open space and the intended uses therein and acreage provided.
4. Residential land uses summarized by lot size, dwelling type and density.
5. Existing roads, buildings, and permanent facilities, easements, right-of-way and abutting property boundaries, and existing and proposed utilities.
6. Physical features and natural conditions of the site including the location of vegetation and existing tree lines.
7. Surface drainage and areas subject to flooding.
8. Preliminary plan for water, sewer, storm drainage and other utility systems.
(O) Review procedure.
(1) Ten copies of the completed application and Preliminary Development Plan shall be submitted to the Building and Zoning Inspector at least ten days prior to the Planning Commission's next scheduled meeting. Failure to submit a complete application, as determined by the Building and Zoning Inspector, shall result in a refusal of acceptance.
(2) The Building and Zoning Inspector shall transmit the complete application package to the Planning Commission, and other parties as the Building and Zoning Inspector deems appropriate, for review and comment.
(3) A public hearing of the Planning Commission shall be held not more than 45 days from the date of acceptance of the application package. The procedure for notification of such healing shall be set forth in § 156.227(E)(1) and (2) of this chapter.
(P) Action by Planning Commission. Within 35 days from the public hearing, the Planning Commission shall review the application for preliminary development plan and forward one of the following recommendations to City Council:
(1) Recommend that the zoning amendment be granted as requested.
(2) Recommend modification of zoning amendment.
(3) Recommend that the zoning amendment be denied.
(Q) Criteria for recommendations by Planning Commission.
(1) Before making its recommendation as required in division (P) of this section, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
(a) Each individual unit of the development, as well as the total development, can
exist as an independent unit capable of creating an environment of sustained desirability and stability; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations.
(b) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development.
(c) Any proposed commercial development can be justified at the locations proposed.
(d) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accord with the Planning Commission.
(e) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(f) The existing and proposed public services are adequate for the population densities and uses proposed, and in conformance with planned capital improvements.
(2) In making its recommendation, the Planning Commission may seek the assistance and input of outside consultants and/or experts procured for that purpose.
(R) Action by City Council. Upon receipt of the recommendation by the Commission, City Council shall review and take action on the application, following the procedures specified in § 156.227(F) of this chapter. Following approval by City Council, the subject shall be considered as zoned PUD. The approval of that zoning shall be conditioned on development of the tract being in conformance with the Final Development Plan.
(S) Final Development Plan. Not later than 12 months from the approval of the Preliminary Development Plan, the developer shall submit ten copies of the Final Development Plan to the Planning Commission. The Final Development Plan shall be in general conformance with the Preliminary Development Plan. Failure to submit a Final Development Plan within the specified time period shall render the approved Preliminary Development Plan and the rezoning of the property null and void.
(T) Contents of application or approval of Final Development Plan. An application for approval of the Final Development Plan shall be filed with the Building and Zoning Inspector at least ten days prior to the Board's next scheduled meeting by at least one owner or lessee of property for which the planned unit development is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for Final Development Plan. The Final Development Plan shall be prepared by a registered architect, engineer, or landscape architect and, at a minimum, shall contain the following information:
(1) A survey of the proposed development site, showing the dimensions and bearings of the property lines, areas in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses.
(2) All the information required in the Preliminary Development Plan; including the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity; and land use considered suitable for adjacent properties.
(3) A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres on the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated non-residential population anticipated timing for each unit; and population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other resolution governing development.
(4) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations; waste disposal facilities; street improvements, and nature and extent of earth work required for traffic circulation and street improvements, and nature and extent of earth work required for site preparation and development.
(5) Site plan, showing building(s), various functional use areas, circulation and their relationship.
(6) Architectural renderings and accompanying narrative to discuss in detail the design treatment of all buildings and structures where applicable.
(7) Landscaping plans.
(8) Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of land, and the improvements thereon, including those areas which are commonly owned and maintained.
(U) Procedure for review of Final Development Plan. A public hearing of the Planning Commission shall be set for not less than 45 days from the date of acceptance of the Final Development Plan by the Building and Zoning Inspector. The procedures for notification of the public hearing shall be set forth in § 156.227(F)(1) and (2) of this chapter.
(V) Action by the Planning Commission. Within 35 days of the public hearing, the Planning Commission shall approve, or approve with modification, the Final Development Plan if it finds that said plan is in conformance with the approved Preliminary Development Plan, and that no significant constraints exist to construction of the project as planned.
(W) Expiration and extension of approval period. The approval of the Final Development Plan shall be for a period of not to exceed three years. If no construction has begun within three years after approval is granted, the approved development plan shall be null and void, and the land shall revert to the zoning district in which it was located prior to the amendment. An extension of this time limit may be approved if the Planning Commission finds that such extension is in the public interest.
(X) Platting.
(1) The creation of new parcels under any planned unit development shall be subject to platting under the Subdivision Regulations. Failure to submit an application for platting of a portion of such property no later than 24 months from the effective date of the rezoning shall render the zoning null and void and the property shall revert to its previous zoning classification.
(2) To reduce the length of the review and approval process, a preliminary subdivision plat can be submitted simultaneously with the Development Plan for rezoning to the PUD District to initiate both rezoning and subdivision processes. A final subdivision plat cannot be submitted for review until an amendment to the Zoning Code has been approved by City Council and such amendment has become effective.
(Ord. 34-90, passed 12-26-90)