West Carrollton City Zoning Code
CHAPTER 154
ZONING CODE
R-3 MULTIPLE-FAMILY RESIDENTIAL DISTRICT
(intentionally left blank)
§ 154.02.01 DEFINITIONS.
For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively. Those items not herein specifically defined shall be given their common ordinary meaning whenever it is appropriate or reasonable to do so.
ACCESSORY USE/ ACCESSORY BUILDING/ ACCESSORY STRUCTURE. An accessory use, building, or structure is a use, object, subordinate building or structure which is performed or constructed or installed on, above, or below the surface of a zoned lot, customarily incidental to the principal or conditionally permitted use and is regulated in § 154.16.01. Accessory uses, buildings and related structures include but are not limited to the following uses:
(1) Antennas used by an amateur radio operator holding a valid amateur radio (HAM) license issued by the Federal Communications Commission;
(2) Decks, gazebos, and patios;
(3) (EDITOR'S NOTE: Former subsection (3) was repealed by Ordinance 3459, passed November 9, 2010.)
(4) Garages, storage sheds and utility buildings;
(5) Off-street parking and loading as regulated by § 154.12.01;
(6) Poles;
(7) Retail sales and service use when not conducted for the general retail public as regulated by § 154.16.01(B)(3)(d);
(8) Satellite dish antennas;
(9) Signs;
(10) Swimming pools;
(11) Temporary uses as regulated by § 154.16.08;
(12) Waste receptacles; and
(13) Wireless telecommunications facility as regulated by § 154.16.09.
ALLEY - A public or private way 20 feet or less in width which is used primarily for vehicular access to the back or side of properties which otherwise abut on streets.
ALTERNATIVE FINANCIAL SERVICES PROVIDER - Businesses which provide financial products and services and which meet any one or more of the following definitions:
(1) Check-cashing business. Any business that is licensed, or is required to be licensed, to cash checks as defined and regulated under R.C. §§ 1315.21 through 1315.30.
(2) Credit services organization. Any business that is registered, or is required to be registered, to provide consumer credit services as defined and regulated under R.C. §§ 4712.01 through 4712.14.
(3) Short-term loan lender. Any business that is licensed, or is required to be licensed, to make short-term loans as defined and regulated under R.C. §§ 1321.35 through 1321.48.
(4) Small loan lender. Any business that is licensed, or is required to be licensed, to make small loans as defined and regulated under R.C. §§ 1321.01 to 1321.19.
(5) Mortgage loan lender. Any business that is licensed, or is required to be licensed, to make real or chattel mortgage loans as defined and regulated under R.C. §§ 1321.51 through 1321.60.
(6) Pawnbroker. Any business that is licensed, or is required to be licensed, to operate as a pawnbroker as defined and regulated under R.C. Chapter 4727.
(7) Exclusions. For purposes of this definition, "alternative financial services provider" does not include any state- or federally-chartered bank, savings and loan, credit union, or similar financial institution.
ANIMAL HOSPITAL/VETERINARY CLINIC - Any establishment used for the medical or surgical care, observation, or treatment of animals or pets. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.
ANTENNA – AMATEUR RADIO TOWER. A free standing or building-mounted structure, including any base, tower or pole, antenna, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission.
ANTENNA – SATELLITE DISH. A device incorporating a reflective surface that is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, television reception only satellite dish antennas (TVROs), and satellite microwave antennas.
AUTOMOBILE – LIGHT AND MEDIUM TRUCKS. An automobile includes every motor vehicle with a single front and rear axle, except motorcycles, designed for carrying 10 passengers or less and used for the transportation of persons. The term automobile will also include light and medium trucks which have a single rear axle.
AUTOMOBILE – CONVENIENCE MARKET/GAS STATION MINI-MART. A facility associated with the sale of gasoline products for automobiles, that also offers for sale prepackaged food items and related, tangible consumer goods, primarily for self-service by the consumer. Hot beverages, fountain- type beverages, and pastries may be among the food items offered for sale.
AUTOMOBILE – CONVENIENCE DRIVE- THROUGH. A facility designed for automobiles to drive into the structure to purchase prepackaged food items and tangible consumer goods. Hot and cold beverages and snack foods are typically among the food items offered for sale.
AUTOMOBILE DETAILING SHOP. A facility which provides automobile cleaning services such as exterior hand washing and waxing; interior vacuuming, shampooing, steam cleaning and polishing; and engine cleaning/degreasing. Other services may include minor scratch, swirl, and dent repair; minor paint correction; paint detailing; fabric or paint protection; headlight restoration; and installation of after-market accessories such as tinting, auto alarms, spoilers, sunroofs, headlight covers, and similar items. Typically these services are provided by appointment scheduled in advance and not on a walk-in basis.
AUTOMOBILE – FUELING STATION. A facility for dispensing gasoline, kerosene, or any motor fuel for automobiles in typically a self-service and automated manner. These facilities usually have one or no employees working on site and the sale of other goods is limited to travel aides and minor automobile accessories.
AUTOMOBILE – SERVICE STATION/REPAIR GARAGE. A place where gasoline, kerosene, or any motor fuel or lubricating oil or grease for operating automobiles may be offered for sale to the public and deliveries are made directly into motor vehicles, and may include greasing and oiling on the premises and replacement or installation of parts and accessories, including major repair work such as: motor rebuilding or replacement (but not the reconditioning of motor vehicles); collision services such as body, frame, and fender repair; overall spray painting of automobiles; upholstery work; auto glasswork; welding; tire recapping; radiator repairs; and other similar major mechanical work.
AUTOMOBILE WASHING FACILITY, FULL SERVICE. A building or portion thereof containing facilities for washing automobiles using production line methods.
AUTOMOBILE WASHING FACILITY, SELF SERVICE. A building or portion thereof containing facilities for washing automobiles wherein the customer provides labor and where no self-propelled wash racks are provided.
AUTOMOBILE WRECKING. The dismantling or disassembling of used motor vehicles or trailers; or the storage, sale or dumping of dismantled, partially dismantled, nonoperating or wrecked vehicles or their parts.
BASEMENT. That portion of a building which is partly underground and which has one half or more of its ceiling height below the average finished grade of the ground adjoining the building in which it is located.
BOARD OF ZONING APPEALS. The Board of Zoning Appeals of the city.
BUILDING. Any permanent or stationary structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or property. At no time shall this definition be construed to include mobile homes.
BUILDING HEIGHT. The vertical distance from the average contact ground level at the front of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the ridge for gable, hip, or gambrel roofs.
BUILDING SETBACK LINE. The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line. The front lot line of the foundation of enclosed porches or vestibules if nearer the front line than the main foundation.
BUSINESS. An occupation, enterprise, undertaking, or employment which engages in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services or where there is the maintenance or operation of an office for the exhibition, sale, or offering of merchandise or services.
CHARTER. Charter of the city.
CHURCHES AND OTHER SIMILAR PLACES OF RELIGIOUS WORSHIP. An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term “church” shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
CITY. The City of West Carrollton, Ohio.
CITY COUNCIL. The City Council of the City of West Carrollton.
CITY MANAGER. The City Manager of the City of West Carrollton.
CLEAR DISTANCE. The open space between any structure, whether primary or accessory.
CLERK OF COUNCIL. The Clerk of Council of the City of West Carrollton.
COMPREHENSIVE PLAN. A plan, or any portion thereof, adopted by the City Planning Commission and the City Council showing the general location and extent of present and proposed physical facilities including housing, industrial, and commercial uses, transportation, parks, schools, and other community activities. This plan establishes the goals, objectives, and policies of the city.
CONCEPT PLAN. See PLANNED UNIT DEVELOPMENT, PRELIMINARY.
CONTRACTOR. For the purposes of this Chapter, this term shall mean a business involved in building, construction, remodeling, and/or landscaping, which includes but is not limited to trades such as heating, air conditioning, painting, plumbing, and roofing.
CONTRACTOR OFFICE. A building or portion thereof used for conducting the administrative affairs of a Contractor, which does not involve any exterior storage or the parking of any trailers, machinery, equipment, or vehicles measuring more than seven (7) feet in width, seven (7) feet in height, or eighteen (18) feet in length.
CONTRACTOR SHOP. An enclosed space used for the housing and/or operation of machinery, the provision of services, the fabrication of building-related products, and the interior storage of a Contractor which does not involve any exterior storage area. A Contractor Shop may also be comprised of a Contractor Office.
CONTRACTOR STORAGE YARD. An outdoor space used primarily for the storage of trailers, equipment, vehicles, machinery, building materials, construction materials, landscape materials, or components by a Contractor, who shall also be the owner and/or occupant of the premises. The Contractor Storage Yard shall be screened from public view as required by Section 154.13.01, Landscape Requirements. A Contractor Storage Yard may also be comprised of a Contractor Office and/or a Contractor Shop.
CONTRACTOR SALES AND STORAGE YARD. A Contractor Storage Yard also used for the sale of building, construction, remodeling, and/or landscaping materials to the public. A Contractor Sales and Storage Yard may also be comprised of a Contractor Office and/or a Contractor Shop.
DAY CARE FACILITY, ADULT. A facility, licensed by the state, providing care or supervision for the elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day. Services include the monitoring of clients, social and recreation services, food and nourishment, and health support services. The operation of the facility shall not include overnight occupancy by the clients. Adult day care may be operated within structures on church premises or publicly owned community centers, provided such uses are lawfully permitted and operating in the underlying zoning district.
DAY CARE FACILITY – CHILD DAY CARE CENTER. Any place where child day care is provided for 13 or more children at one time, or any place that is not the permanent residence of the licensee or administrator in which child day care is provided for 7 to 12 children. (Based on ORC 5104).
DAY CARE FACILITY – TYPE A FAMILY DAY CARE HOME. A permanent residence of the administrator in which private or publically-funded child day care is provided for 7 to 12 children at one time, or a permanent residence of the provider in which private child day care is provided for 4 to 12 children at one time if four or more are under two years of age. In counting children for the purposes of this section, no children of the administrator shall be counted. (Based on ORC 5104).
DAY CARE FACILITY – TYPE B FAMILY DAY CARE HOME. A permanent residence of the provider in which child day care is provided for one to six children at one time and in which not more than three children are under two years old at one time. In counting children for the purposes of this section, no children of the day care provider shall be counted. (Based on ORC 5104).
DENSITY. The number of dwelling units per acre of land.
DENSITY, HIGH. Ten to 15 dwelling units per acre.
DENSITY, LOW. One to four dwelling units per acre.
DENSITY, MEDIUM. Five to nine dwelling units per acre.
DISTRICT. Same as ZONING DISTRICT.
DRAINAGEWAY. A water course, gully, dry stream, creek, or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by storm water sewers, or which serves the purpose of draining water from the lands adjacent to such water course, gully, dry stream, creek, or ditch.
DRIVE-IN/DRIVE THROUGH/DRIVE-UP. A business establishment designed or operated to serve a patron who is seated in an automobile.
DWELLING. Any building, or portion thereof, which is designed or used exclusively for residential purposes, including one-family, two-family, and multi- family dwellings, but not including hotels, motels, boarding houses, lodging houses, tents, cabins, travel trailers, or tree houses. An industrialized unit and a permanently-sited manufactured home shall also be considered to be a dwelling.
DWELLING – CONDOMINIUM. A multiple- family dwelling where each family owns its own dwelling unit and the common areas of the building and site are owned and maintained jointly by the occupants.
DWELLING, DETACHED. A building having no party wall in common with another building
DWELLING, DETACHED SINGLE-FAMILY. A building designed for or used for residence purposes by one family.
DWELLING – INDUSTRIALIZED UNIT. A residential building unit or assembly of closed construction fabricated in an off-site facility pursuant to a state building code, such as the Ohio Basic Building Code, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. An industrialized unit is manufactured in such a manner that its structural, plumbing, electrical, environmental control, or fire protection elements or components are concealed and are not readily accessible for inspection at the site of its intended use, without disassembly, damage, or destruction. An industrialized unit includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. An industrialized unit does not include a manufactured home or mobile home as defined herein and is commonly referred to as a modular home.
DWELLING, MANUFACTURED HOME. A manufactured home, as defined herein, which is located in a manufactured-mobile home park, as defined herein.
DWELLING, MOBILE HOME. A mobile home, as defined herein, which is located in a manufactured- mobile home park, as defined herein.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed for or used by three or more families living independently of one another.
DWELLING, ROW. A dwelling having a party wall on each side in common with an adjoining dwelling unless it is situated as the outermost dwelling; in the latter case, it will have a party wall on one side only. A row dwelling shall be considered to be a multiple-family dwelling.
DWELLING – SINGLE-FAMILY, ZERO LOT LINE. A detached, single-family dwelling unit distinguished by one exterior wall on a side property line; or two attached, single-family units on separate lots sharing a common wall at the side-property line.
DWELLING, TWO-FAMILY. A building designed for or used by two families, with the adjacent dwelling units separated by floor or by a common party wall.
DWELLING UNIT. A single-family dwelling or a single residential unit in a dwelling used by one family for cooking, living, and sleeping purposes.
ELDERLY. Persons or households headed by a person age 60 or older.
EMERGENCY. A reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.
EMPLOYEE. A person who performs any service on the premises of a business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise and whether or not said person is paid a salary, wage, or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
ENGINEER. Any engineer licensed by the State of Ohio.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESSENTIAL SERVICE. The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement by public utilities or city or other governmental agencies of underground or overhead gas, electrical, steam, or water generation, transmission of distribution systems, including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by the public utilities or city or other governmental agencies or for the public health, safety, and general welfare.
ESTABLISHMENT. A building or structure used for commercial or industrial purposes, including stores, shops, plants, factories, warehouses, wholesale houses, and the like.
FCC. The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
FAMILY. One or more persons related by blood, marriage, adoption, or legal guardianship residing in and maintaining a common household as their permanent residence, as distinguished from a group occupying a rooming house, motel or hotel, or fraternity or sorority house. A “family” shall also include a functional family, as defined herein. To protect the public health, safety, and welfare, the maximum occupancy of any residential unit shall be determined by the West Carrollton Property Maintenance Code, the West Carrollton Fire Prevention Code, and the Ohio Building Code.
FAMILY, FUNCTIONAL. One or more persons who are not related by blood or marriage with a demonstrable and recognizable bond characteristic of a cohesive unit, residing in and maintaining a common household as their permanent residence. This bond typically involves the function of child-rearing (whether natural or foster) or group living arrangements for the disabled, elderly persons over 60 years of age, or mentally/developmentally disabled persons. To protect the public health, safety, and welfare, the maximum occupancy of any residential unit shall be determined by the West Carrollton Property Maintenance Code, the West Carrollton Fire Prevention Code, and the Ohio Building Code.
FENCE. An enclosure, barrier, or screen whose purpose is to physically or visually contain certain uses and activities which are carried out on a particular zoning lot.
FINANCIAL INSTITUTION WITH DRIVE-IN. Any building wherein the primary occupation is concerned with such federal or state-regulated businesses as banking, savings and loans, loan companies, and investment companies where walk-in and drive-in services to consumers is provided on-site.
FINANCIAL INSTITUTION WITHOUT DRIVE- IN. Any building wherein the primary occupation is concerned with such federal or state-regulated businesses as banking, savings and loans, loan companies, and investment companies exclusively offering walk-in services to consumers. or clients on site.
FLOOD PLAIN. The areas adjoining any river, creek, or stream which are subject to flooding, as defined by the Miami Conservancy District.
FLOODWAY. The channel of a river or stream and those portions of the flood plain that are required to carry and discharge the flood water, as defined by the Miami Conservancy District.
FLOOR AREA. The total horizontal area of all floors finished as usable area including roofed porches and roofed terraces. Measurements of floor area shall be taken to the outside of the exterior walls.
GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used only for the storage of vehicles and incidental personal property.
GARAGE APARTMENT/CARRIAGE HOUSE APARTMENT. A garage apartment is a structure above a private garage in which provision is made for one dwelling unit. A carriage house apartment is a garage apartment created from a historic carriage house. A carriage house is typically a large garage structure that predates the advent of the automobile and was designed for the storage of one or more carriages (or buggies) with provision for one or more horse stalls.
GOLF COURSE. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse, shelters, locker rooms, and related retail sales that may include a restaurant or driving range as accessory uses.
GROUP HOME – ADULT CARE FACILITY. An Adult Care Facility can be either an Adult Family Home or an Adult Group Home as separately defined. An Adult Care Facility is a residence, facility, institution, hotel, or congregate housing project, providing accommodations and supervision to three to sixteen unrelated adults, at least three of whom are provided personal care services, regardless of how the facility holds itself out to the public. An Adult Care Facility does not include:
(1) A facility operated by a hospice care program.
(2) A nursing home, rest home, or home for the aging.
(3) A community alternative home.
(4) An alcohol and drug addiction program.
(5) A habilitation center.
(6) A licensed residential facility for the mentally ill.
(7) A licensed methadone treatment facility.
(8) A residential facility regulated/licensed under the Department of Mental Retardation and Developmental Disabilities.
(9) A facility that provides personal care services to fewer than three residents or that provides, for any number of residents, only housing, housekeeping, laundry, meal preparation, social or recreational activities, maintenance, security, transportation, and similar services that are not personal care services or skilled nursing care.
(10) Any facility that receives funding for operating costs from the Department of Development to provide emergency shelter housing or transitional housing for the homeless.
(11) A terminal care facility for the homeless that has entered into agreement with a hospice care program.
(12) A facility approved by the Veterans administration.
(13) An assisted living facility.
GROUP HOME – ADULT FAMILY HOME. An adult family home is an adult care facility that provides accommodations to three to five unrelated adults and supervision and personal care services to at least three of those adults. Adult family homes are licensed in accordance with ORC Chapter 3722.
GROUP HOME – ADULT GROUP HOME. An adult group home is an adult care facility that provides accommodations to 6 to 16 unrelated adults, and provides supervision and personal care services to at least three of the unrelated adults. Adult group homes are licensed in accordance with ORC Chapter 3722.
GROUP HOME – COMMUNITY ALTERNATIVE HOME. A community alternative home is a residence or facility that provides accommodations, personal assistance, and supervision for three to five unrelated individuals who have immunodeficiency syndrom or a condition related to Acquired Immunodeficiency Syndrome (AIDS). A community alternative homes does not include nursing homes, rest homes, or homes for the aging, adult foster care facilities, hospice care facilities, or an assisted living facility.
GROUP HOME – CONGREGATE HOUSING. A residential facility for four or more elderly persons within which are provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments, and counseling.
GROUP HOME – FOSTER CARE FACILITY/CERTIFIED FAMILY FOSTER HOME. A foster care facility, or foster home, is a family home in which any child is received apart from his or her parents for care, supervision, or training. (Based on ORC 2151.01). A certified family foster home is foster home operated by persons holding a certificate in force, issued under Section 5103.03 of the Revised Code. (Based on ORC 2151.01).
GROUP HOME – HOME FOR THE AGING. A home that provides accommodations, supervision, and personal care services or accommodations, supervision, personal care services, administration of medication, and supervision of special diets for three or more unrelated individuals who are dependent on the services of others by reason of age and physical or mental impairment, and personal care services and skilled nursing care for three or more unrelated individuals.
GROUP HOME – HOUSING FOR THE ELDERLY. A building or group of buildings containing dwellings where the occupancy of the dwelling is restricted to persons sixty (60) years of age or older or couples where either the husband or wife is sixty (60) years of age or older. This does not include a development that contains convalescent or nursing facilities.
GROUP HOME – LIFE CARE FACILITY. A facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family units to congregate apartment living where residents share common meals, culminating in a full health and continuing care nursing home facility.
GROUP HOME – MR-DD FAMILY CARE FACILITY. A facility which provides residential service in a residence for three to eight individuals, exclusive of staff, who are not related to the resident householder. These individuals are physically or mentally handicapped, disabled, or in need of adult supervision, and are provided 24-hour services and supervision in accordance with their needs, under the guidance of an individual or individuals approved by the appropriate public or private health/welfare agency. This does not include nursing homes, rest homes, or hospitals, but does include the following:
(1) Facilities for children or adolescents who have been adjudged delinquent or have social or emotional problems.
(2) Rehabilitation centers for adolescents or adults who have been institutionalized and released, or who have or have had mental, physical, or social disabilities which require a group setting to facilitate the transition to a functional member of society.
(3) Resident facilities for mentally retarded, mentally ill, or physically handicapped children or adults.
GROUP HOME – MR-DD GROUP CARE FACILITY. A facility which provides residential service in a residence for nine to 16 individuals exclusive of staff, who are not related to the resident householder. These individuals are physically or mentally handicapped, disabled, in need of adult supervision, and are provided 24-hour services and supervision in accordance with their needs, under the guidance of an individual or individuals approved by the appropriate public or private health/welfare agency. This does not include nursing homes, rest homes, or hospitals, but does include the following.
(1) Facilities for children or adolescents who have been adjudged delinquent or have social or emotional problems.
(2) Rehabilitation centers for adolescents or adults who have been institutionalized and released, or who have had mental, physical, or social disabilities which require a group setting to facilitate the transition to a functional member of society.
(3) Resident facilities for mentally retarded, mentally ill, or physically handicapped children or adults.
GROUP HOME – REST HOME. A home that provides either of the following:
(1) Accommodations for 17 or more unrelated individuals, and supervision and personal care services for three or more of those individuals who are dependent on the services of others by reason of age or physical or mental impairment; or in the case of a rest home component of a home for the aging, accommodations to three or more individuals and supervision and personal care services for at least three of those individuals.
(2) Accommodations for three or more unrelated individuals, supervision and personal care services for at least three of those individuals who are dependent on the services of others by reason of age or physical or mental impairment, and supervision of special diets and of the administration of medication to at least one of those individuals.
GROUP HOME – NURSING HOME. A home used fo the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care or individuals who require personal care services, but not skilled nursing care. A nursing home is licensed to provide personal care services and skilled care services.
HEALTH DEPARTMENT. The Montgomery County Combined Health District.
HEDGE. A dense growth of shrubbery, usually planted to function as a fence or boundary.
HOME IMPROVEMENT CENTER. A facility more than 30,000 square feet gross floor area involved in the sale of hardware or merchandise such as building materials, tools, lawn and garden equipment, and durable household goods, such as refrigerators, washing machines, and carpeting.
HOME OCCUPATION. Any occupation conducted in its entirety within a dwelling unit, provided that no person other than members of the family residing on the premises shall be engaged in the occupation and the use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to use for residential purposes by its occupants. This land use is regulated by § 154.16.03.
HOOKAH. A type of water pipe used to smoke tobacco or other legal non-tobacco substances, in which air is heated by charcoal or burning embers and passed through the tobacco or other substance to form smoke, and the smoke then passes through a water-filled chamber where it is filtered and cooled, and then inhaled through a tube and mouthpiece by one or more users during a smoking session which may last from forty five (45) to sixty (60) minutes or longer. At the end of a smoking session, the dirty water is discarded and the water chamber is refilled for the next user(s). The term "hookah" may also be referred to as a water pipe, narghile, argileh, goza, or hubble bubble.
HOOKAH BAR. A smoking establishment whose business operation, whether as its primary use or as an ancillary use, is devoted to the on-premises use of hookahs. The term "hookah bar" includes but is not limited to establishments variously known as hookah parlors, hookah cafes, and hookah lounges.
INDUSTRIAL BUILDING. Any building or structure used for the purpose of manufacturing, processing, testing, and similar industrial use, which may generate some objectionable characteristics, such as noise, smoke, dust, or pollution, requiring large sites, open storage, and service areas and ready access to regional transportation.
JUNK. Old or scrap copper, brass, rope, rags, batteries, paper, rubber; junked, dismantled, or wrecked automobiles or parts thereof; iron, steel and other old or scrap ferrous or nonferrous materials which are not held for sale or remelting purposes by an establishment having facilities for processing such materials.
JUNK YARD. An establishment or place of business (other than an establishment having facilities for processing iron, steel, or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for remelting purposes), which is maintained or operated for the purpose of storing, keeping, buying or selling junk; or for the maintenance or operation of an automobile graveyard, except an establishment or place where automobiles, wrecked or otherwise, are held or impounded for a period not to exceed ninety days exclusively for storage, repair, or resale without alterations.
KENNEL. Any structure or premises within or on which four or more canines or felines over four months of age are kept for any reason or purpose.
LIVING AREA. That portion of a dwelling which is devoted to ordinary human activities such as sleeping, cooking, eating, socializing and relaxing. Living area does not include garages, unfinished attics, or basements, utility buildings, barns, and similar structures or spaces.
LOADING SPACE. A space for the standing, loading, or unloading of motor vehicles.
LODGING – BED AND BREAKFAST ESTABLISHMENT. A single-family, detached, private residence which offers sleeping accommodations to lodgers in rooms for rent in the owner or operators principal residence. While renting rooms to lodgers, breakfast is served at no additional cost. For the purpose of this definition, a lodger is defined as a guest who rents a room in a bed and breakfast establishment for fewer than 30 days.
LOT. A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally dedicated public thoroughfare or public access easement. In determining lot area, no part thereof within the limits of the proposed thoroughfare rights-of-way shall be included.
LOT AREA. The computed area contained within the lot lines, excluding right-of-way.
LOT, CORNER. A lot at the juncture of and fronting on two or more intersecting streets.
LOT COVERAGE. A measure of intensity of land use that represents the portion of a site that is covered by buildings and other structures.
LOT DEPTH. The mean horizontal distance between the front and the rear lot lines.
LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street.
LOT LINES. The property lines bounding the lot.
LOT LINE, FRONT. The line separating the lot from a street right-of-way, or if none exists, a public access easement.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. Any lot line other than front or rear lot line.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The width of the lot measured at the building setback line.
MANUFACTURING. The assembling, altering, converting, fabricating, finishing, processing or treatment of a product.
MANUFACTURED HOME. A residential building unit or assembly of closed construction that is fabricated in an off- site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, 88 Stat. 700, 42 U.S.C.A. 5401, 5403 (commonly referred to as the “HUD Code”), and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards.
MANUFACTURED HOME PARK. Any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. A manufactured home park must be licensed by the public health council and must meet all applicable state laws, but it does not include any of the following:
(1) A tract of land used solely for the storage or display for sale of manufactured or mobile homes;
(2) A tract of land used solely as a camping facility for temporary occupancy; or
(3) A tract of land within an area that is subject to local zoning authority and subdivision requirements and is subdivided, and the individual lots are for sale or sold for the purpose of installation of permanently sited manufactured homes for habitation.
MANUFACTURING, HEAVY. The mechanical or chemical transformation of raw materials or substances into new products, including related accessory buildings and uses, used in the assembling, altering, converting, fabricating, finishing, processing, or treatment of a product. These activities or processes may necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of the manufacturing process.
MANUFACTURING, LIGHT. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products. These activities are operated entirely within enclosed buildings which do not adversely affect their surroundings, have adequate access, are served with the necessary utilities, and are not objectionable in their operation or appearance.
MINI-WAREHOUSES/SELF-SERVICE STORAGE FACILITIES. A building, group of buildings, or enclosed storage facility divided into independent, fully-enclosed bays or compartments used to meet the self-service, personal property, storage needs of small businesses, apartment dwellers, and other residential uses; and may include refrigerated facilities.
MOBILE HOME. A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five (35) body feet in length or, when erected on site, is three hundred twenty or more square feet (320 sq. ft.), is built on a permanent chassis foundation, is transportable in one (1) or more sections, and does not qualify as a manufactured home as defined in division (C)(4) of Section 3781.06 of the Ohio Revised Code or as an industrialized unit as defined in division (C)(3) of Section 3781.06 of the Ohio Revised Code.
NURSERY/GARDEN CENTER. A establishment, or portion thereof, for the retail handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other nursery goods and related products in small quantities to the consumer.
OFFICE – PROFESSIONAL OFFICE/BUSINESS OFFICE. Any building or structure, the use of which is limited to providing professional services such as those provided by doctors, lawyers, accountants, architects, engineers, photographers, insurance agents, Realtors, and similar professions, or for the administrative aspects of a business where no goods are sold on the premises.
OPEN SPACE. Land developed to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped.
PARKING, COMMERCIAL. A parcel of land or portion thereof, used for the parking or storage of motor vehicles as a commercial enterprise for which any fee is charged directly to the patron independently of any other use on the premises.
PARKING, ON-SITE. An off-street, hard-surfaced, ground level open area, used exclusively by the customers or persons engaged in the conduct of one establishment on the same site of the establishment.
PARKING, SHARED. An off-street, hard-surfaced, ground level open area, used exclusively by the customers or persons engaged in the conduct of two or more establishments in the immediate vicinity of its location, or by those for whom such establishments are conducted.
PARKING SPACE. An off-street area available for the parking of one motor vehicle, and having an area of not less than 171 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a public street, alley, or public access easement, but being located totally outside of any street or alley right-of-way.
PATIO ENCLOSURE. An unheated or cooled space that is constructed independent of and separated physically by means of doors, walls or windows, from the principal structure to which it is attached. A patio enclosure must be at least 66% open on its three outer walls, except for insect screens or window glazing.
PERMIT, CONDITIONAL USE. A permit issued by the Zoning Enforcement Officer on approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
PERMIT, ZONING. A permit issued by the Zoning Enforcement Officer of the city stating that the proposed erection, construction, enlargement, or moving of a building or structure referred to therein complies with the provisions of this zoning code.
PERSON. Any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit.
PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, barber shops, beauty parlors, and similar activities.
PLANNED UNIT DEVELOPMENT/PUD. An area of land in which a variety of housing types are accommodated in a preplanned environment under more flexible standards. A planned unit development typically features varied setback lines, lot sizes, and cluster type site planning whereby maximum allowable densities are established to permit the creation of usable areas of open space.
PLANNING COMMISSION. The Planning Commission of the city.
PRIVATE CLUB. An association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to the members and their guests. The affairs and management of the association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals, and beverages may be served on the premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be served to members and their guests, provided the service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale or service of alcoholic beverages is in compliance with all applicable federal, state, county, and local law.
PRIVATE STREET. A street that is not dedicated to the city.
PUBLIC ACCESS EASEMENT. An easement over private property granting to the general public the right of access, and authorizing the city to regulate traffic and enforce maintenance thereon for the purpose of protecting the public health, safety, and general welfare.
PUBLIC UTILITY SUBSTATION AND TRANSMISSION FACILITIES. The use of land outside the public right-of-way for electric substation or natural gas transmission structures.
RECREATION – ATHLETIC TRAINING FACILITIES. An indoor establishment that provides facilities and equipment for the physical development and enhancement of skill levels of athletes participating in a recognized sport. An athletic training facility shall not include bowling alleys, miniature golf courses, driving ranges, pool halls or other uses of a recreational nature. Athletic training facilities may also include pro shops selling a variety of sports equipment and clothing, food, and beverage services, and other incidental uses provided that these uses do not occupy more than five percent (5%) of the floor area.
RECREATION – COMMERCIAL RECREATION FACILITIES. Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Includes, but not limited to, arcades, ball fields, billiard halls, bowling alleys, golf driving ranges, laser tag, miniature golf courses, skating rinks, indoor and outdoor swimming pools, movie theaters less than 50,000 s.f. gross floor area, water slides, and other similar recreational facilities.
RECREATION – HEALTH CLUBS. A facility where members or nonmembers use equipment or space for the purpose of physical exercise. Exercise equipment, instruction programs, aerobic exercise classes, and weight control programs may be part of the club. The facility may include running and jogging tracks, game courts, swimming facilities, saunas, showers, massage rooms, and lockers. Health clubs may also include pro shops selling a variety of sports equipment and clothing. Health clubs may also include other incidental uses provided that these uses do not occupy more than five percent (5%) of the floor area.
RECREATIONAL VEHICLE. Shall mean and include the following:
(1) A travel trailer, which is a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified travel trailer by the manufacturer;
(2) A pick-up camper, which is a structure designed primarily to be mounted on a pick-up chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, and vacation uses;
(3) A motorized home, which is a portable dwelling designed and constructed as an integral part of a self-mounted vehicle on wheels and designed for travel and vacation use;
(4) Boats and boat trailers, including boats, floats, rafts, plus the normal equipment to transport the same on the highway;
(5) Fold-out tent trailers;
(6) Utility trailers; and/or
(7) Any combination of the above.
RESOURCE EXTRACTION. Any mining, quarrying, excavating process, storing, separating, cleaning, or marketing of any mineral natural resource.
RESTAURANT, SIT-DOWN. A sit-down eating establishment with a turnover rate of 45 minutes or greater.
RESTAURANT, FAST-FOOD. An eating establishment with or without drive-in facilities with a turnover of less than 45 minutes.
REST HOME. Refer to Group Home - Rest Home definition.
RETAIL SALES AND SERVICES. Any local convenience retail sales and/or service uses including but not limited to, antique shops, bakery shops, barber shops, beauty salons, bookstores, cafes and coffee houses, clothing stores, commercial studios, drug stores, dry cleaning and laundry pick-up stations, gifts and stationary shops, florists, furniture stores, grocery, supermarket, or other food stores, hardware stores, laundromats, paint stores, shoe stores, sporting goods stores, vehicle parts shops, and the like, which supply commodities or perform services.
RETAIL TOBACCO STORE. A retail establishment that derives more than eighty (80) percent of its gross revenue from the sale of cigars, cigarettes, pipes, or other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Retail tobacco store" does not include a tobacco department, or section of a larger commercial establishment, or of any establishment with a liquor permit, or of any restaurant. In the event of a conflict between this definition and the definition of "retail tobacco store" provided in Ohio Revised Code (O.R.C.) Chapter 3794: Smoking Ban, the O.R.C. definition shall prevail.
SCHOOL – BUSINESS TRADE SCHOOL/TECHNICAL SCHOOL. A specialized instructional establishment that provides on-site training of business, commercial and/or trade skills, such as accounting, data-processing, and computer repair.
SCHOOL – NURSERY SCHOOL. An education facility that is primarily educational in nature where children between the ages of three to five years receive schooling.
SETBACK LINE. The closest point at which a building may be constructed in relation to the lot line.
SEWERS – CENTRAL SEWER/GROUP SEWER. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.
SEXUALLY-ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
SEXUALLY-ORIENTED BUSINESS – ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug- operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
SEXUALLY-ORIENTED BUSINESS – ADULT BOOKSTORE/ADULT NOVELTY STORE/ADULT VIDEO STORE. A commercial establishment that, as one of its principal purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(3) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store as long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
SEXUALLY-ORIENTED BUSINESS – ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) persons who appear in a state of nudity or semi-nudity; or
(2) live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of ‘‘specified sexual activities or specified anatomical areas.
SEXUALLY-ORIENTED BUSINESS – ADULT MOTEL. A hotel, motel, or similar commercial establishment that:
(1) offers accommodations to the public for any form of consideration, provides patrons with closed- circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or
(2) offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
SEXUALLY-ORIENTED BUSINESS – ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
SEXUALLY-ORIENTED BUSINESS – ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
SEXUALLY-ORIENTED BUSINESS – LICENSEE, SEXUALLY ORIENTED BUSINESS. A person in whose name a license to operate a sexually- oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually-oriented business.
SEXUALLY-ORIENTED BUSINESS – NUDE MODEL STUDIO. Any place where a person who appears semi-nude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Ohio or a college, junior college, or university supported entirely or in part by public taxation; a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(1) that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
(2) where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) where no more than one nude or semi-nude model is on the premises at any one time.
SEXUALLY-ORIENTED BUSINESS – NUDITY/STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
SEXUALLY-ORIENTED BUSINESS – SEMI- NUDE/SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUALLY-ORIENTED BUSINESS – SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
SEXUALLY-ORIENTED BUSINESS – SPECIFIED ANATOMICAL AREAS. Specified anatomical areas means:
(1) the human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) less than completely and opaquely-covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SEXUALLY-ORIENTED BUSINESS – SPECIFIED SEXUAL ACTIVITIES. Specified sexual activities means any of the following:
(1) the fondling or other erotic touching of human genitals, public region, buttocks, anus, or female breasts;
(2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) excretory functions as part of or in connection with any of the activities set forth in (1) and (2) above.
SMOKING ESTABLISHMENT. An establishment in which tobacco products are sold for use or consumption on the premises to persons age eighteen (18) and older as provided by state law. The term "smoking establishment" includes but is not limited to establishments referred to as smoking, cigar, or tobacco bars or lounges, but for the purposes of this Chapter shall not include hookah bars.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or if there is no floor above, the portion between the floor and the ceiling above; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless more than one-half of the basement height is above grade level at the front of the building.
STRUCTURE. An assembly of materials which form a construction for occupancy or use, including, but not limited to: buildings, structures, tents, platforms, stages, observation towers, radio, television and telephone towers, water storage tanks, trestles, piers, open sheds, shelters, fences, signs, and the like, which shall be construed to mean the whole or parts thereof.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as walls, floors, columns, beams, or girders.
STUDIO – INSTRUCTIONAL STUDIO/COMMERCIAL STUDIO. A commercial operation which includes the sale of, and/or the instruction in, arts and crafts, sculpting, ceramics, dance, music and instruments, commercial photography, and other similar commercial and/or instructional-oriented operations.
SUBDIVISION, CLUSTER RESIDENTIAL. A development technique regulated by § 154.16.02 that concentrates permitted residential density in specific areas on a site allowing remaining land to be used for recreation, open space, or the preservation of historically- or environmentally-sensitive areas. A cluster subdivision contains the same number of residential lots and dwelling units as would normally be permitted with conventional subdivision design. Clustering residential lots and increasing density on a portion of the site typically results in the provision of between 25 and 50 percent of the site being used for recreation, open space, or the preservation of historically- or environmentally-sensitive areas. Cluster residential subdivisions must meet all requirements of the West Carrollton Subdivision Regulations.
SUBDIVISION, CONVENTIONAL RESIDENTIAL. A development technique that typically allocates all of a site in either individual lots or public rights of way. Conventional residential subdivisions must meet all requirements of the West Carrollton Subdivision Regulations.
SUBSTANTIAL ENLARGEMENT. An increase in floor areas occupied by the business by more than twenty-five percent (25%) as the floor areas exist on the date this ordinance takes effect.
TAVERN. Facilities or a building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food. Tavern shall also include private clubs in which alcoholic beverages are regularly sold or served as a principal activity of the organization.
TEMPORARY FOOD VENDOR. (EDITOR’S NOTE: This subsection was repealed by Ordinance 3475, passed April 12, 2011.)
TEMPORARY STRUCTURE. Structures of a temporary nature erected for a period not to exceed 12 months for such uses as construction offices or storage buildings at a construction site.
THOROUGHFARE PLAN, OFFICIAL. The official thoroughfare plan of, and as adopted and periodically amended by the city, establishing the location and official right-of-way widths of principal highways and streets in the city, on file as part of the city comprehensive plan, in the office of the City Manager, together with all amendments thereto subsequently adopted.
TOWER. Any pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. A communication tower may include, but not be limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and personal communication service towers. The term tower shall not include amateur radio operator's equipment, as licensed by the FCC.
TRANSFER OF OWNERSHIP OR CONTROL. Transfer of ownership or control means and includes any of the following:
(1) the sale, lease, or sub-lease of the business;
(2) the transfer of securities that constitute a controlling interest in the business, whether by sale exchange, or similar means; or
(3) the establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
TREE LAWN. The area between the front of the curb and the front edge of the sidewalk where grass is typically provided.
TRUCK, HEAVY. Heavy trucks are motor vehicles, including truck tractors and similar vehicles designed to haul over 2.5 tons of freight or passengers, with one or more rear axles.
TRUCK STOP. A facility, typically on a site in excess of two acres, providing specialized facilities for retail fueling services for heavy trucks. The site may include related facilities including but not limited to overnight parking, repair shops, automated washes, restaurants, and motels; all as part of the facility.
USE. The employment or occupation of a building, structure, or land for a person's service, benefit, or enjoyment.
USE-BY-RIGHT. A principal permitted use in a particular zoning district which is permitted in that district as a legal right under the terms of this zoning code.
USE, CONDITIONAL. A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals that all prior conditions for approval have been met.
USE, NONCONFORMING. A legally existing use, building, or structure, which fails to comply with the standards set forth in this code applicable to the district in which it is located.
USE, TEMPORARY. A use of land, building, or structures not intended to be of permanent duration.
UTILITY BUILDING. A detached accessory building used for the purpose of storing equipment and materials or for housing parts of electrical, plumbing, and heating systems for the main building.
VARIANCE. A departure from the strict application of a provision of this zoning code relating to bulk or area requirements for a specific parcel, without changing the zoning ordinance or the underlying zoning of the parcel and meeting the general intent of this zoning code. Use variances are prohibited.
VEHICULAR USE AREA. All areas subject to vehicular traffic including parking lots, access drives, loading areas and service areas.
WALL. A boundary enclosure or separating barrier which is usually opaque.
WAREHOUSE. Any building or structure whose use is limited to the storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive. These facilities are characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production.
WASTEWATER TREATMENT, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of the Montgomery County Combined Health District.
WHOLESALE ESTABLISHMENT. An establishment that engages in the sale of goods, merchandise, and commodities for resale by the purchaser.
WIRELESS TELECOMMUNICATIONS. Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or has installed upon a tower or antenna support structure. This land use is regulated by § 154.16.09. However, the term wireless telecommunications facilities shall not include:
(1) Any satellite dish antenna regulated by § 154.16.06;
(2) Antennas used by amateur radio operators holding a valid amateur radio (HAM) license issued by the Federal Communications Commission.
WIRELESS TELECOMMUNICATIONS – ANTENNA, FACADE MOUNTED COMMUNICATION. A wireless telecommunication antenna mounted on the facade of a structure such as a building, water tower, steeple, stack or existing light pole or communication tower.
WIRELESS TELECOMMUNICATIONS -- CO-LOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
WIRELESS TELECOMMUNICATIONS – EQUIPMENT SHELTER. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
WIRELESS TELECOMMUNICATIONS – MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
WIRELESS TELECOMMUNICATIONS – SUPPORT STRUCTURE. Any building or other structure other than a tower which can be used for location of wireless telecommunications facilities.
YARD. A space on the same lot with a main building, open, unoccupied, and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this zoning code.
YARD, FRONT. A yard extending across the full width of the lot, the depth of which shall be the least perpendicular distance between the front lot line and the front of the main building.
YARD, REAR. A yard extending across the full width of the lot between the rear-most principal building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of the principal building. Where a lot abuts on an alley, one-half the alley width may be considered as part of the required rear yard.
YARD, SIDE. A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally and perpendicularly from the nearest point of the side lot line toward the nearest part of the main building.
ZONING CERTIFICATE. The document issued by the zoning enforcement officer authorizing buildings, structures, or uses consistent with the terms of this zoning code and for the purpose of carrying out and enforcing its provisions.
ZONING CODE. The term zoning code shall mean this chapter, and its amendments.
ZONING DISTRICT. A portion of the incorporated area of the city for which certain uniform regulations governing the use, height, area, and intensity of use by buildings and land and open spaces about buildings are herein established.
ZONING ENFORCEMENT OFFICER. The Zoning Enforcement Officer is that person designated by the City Manager in accordance with the city charter and administrative code to administer and enforce this zoning code.
ZONING LOT. A single tract of land or portion of a tract which is located within one zoning district. Therefor, a ZONING LOT may or may not coincide with a lot or record. The zoning lot shall have adequate frontage on an improved dedicated roadway of adequate width, or on a public access easement.
ZONING ORDINANCE. The term zoning ordinance shall apply to the content of this chapter as adopted by ordinance passed.
(Ord. 1959, passed 3-23-76; Am. Ord. 2557, passed 9-9-86; Am. Ord. 2639, passed 1-26-88; Am. Ord. 2651, passed 7-12-88; Am. Ord. 2810, passed 7-23-91; Am. Ord. 2854, passed 4-14-92; Am. Ord. 2909, passed 10-5-93; Am. Ord. 2943, passed 5-24-94; Am. Ord. 2961, passed 11-22-94; Am. Ord. 3063, passed 9-23-97; Am. Ord. 3082, passed 2-24-98; Am. Ord. 3092, passed 6-9-98; Am. Ord. 3459, passed 11-9-10; Am. Ord. 3567, passed 8-25-15; Am. Ord. 3582, passed 4-12-16; Am. Ord. 3591, passed 10-11-16; Am. Ord. 3592, passed 10-11-16; Am. Ord. 3677, passed 8-25-20; Am. Ord. 3678, passed 8-25-20)
§ 154.03.01 TITLE AND JURISDICTIONAL LIMITS.
(A) For purposes of reference and citation, these regulations shall be known as the West Carrollton, Ohio Zoning Code.
(B) The Zoning Code has been developed in accordance with the objectives of the city comprehensive plan, and is designed and intended to promote the health, safety, and general welfare of the residents of the community, to encourage sound and orderly urban growth, and to protect existing development through the conservation of property values.
(C) The entire land area within the incorporated limits of the city is subject to the provisions specified in the Zoning Code.
HISTORY: (Formerly § 154.02; Ord. 2306, passed 2-23-82)
§ 154.03.02 INTERPRETATION; CONFLICTS OF LAWS.
(A) The provisions specified in the Zoning Code shall be the minimum requirements for the promotion of the public health, safety, and general welfare.
(B) Where the provisions specified in this Zoning Code exceed the requirements specified in other city ordinances, the provisions required in this Zoning Code shall be followed.
HISTORY: (Formerly § 154.179 (A) and (B))
§ 154.03.03 SEVERABILITY.
Should any section or provision of this Zoning Code be declared by any court to be unconstitutional or invalid, such decision shall not affect the validity of this Zoning Code as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
HISTORY: (Newly Proposed)
§ 154.03.04 REPEAL OF CONFLICTING ORDINANCES; EFFECTIVE DATE.
All ordinances or parts of ordinances in conflict with this Zoning Code are hereby repealed to the extent necessary to give this Zoning Code full force and effect. This Zoning Code shall become effective from and after the date of its approval and adoption, as provided by law.
HISTORY: (Newly Proposed)
§ 154.03.05 GENERAL REQUIREMENTS.
(A) No building or structure shall be constructed, enlarged, converted, structurally altered, or reconstructed, nor shall any building or structure be moved onto a zoning lot which does not conform with the provisions specified in this Zoning Code, except as provided in Sections 154.06.01 and 154.07.01.
(B) No parcel of land which is described by metes and bounds, or any other lot shall be created that is not in conformance with the provisions specified in this Zoning Code.
(C) Following the adoption of this Zoning Code, no building or structure shall be constructed or altered so as to:
(1) Exceed the height, area, or yard requirements of the district in which the building or structure is located, as specified in the Zoning Code.
(2) Accommodate or house more dwelling units than permitted on a lot in the district in which the building or structure is located, as specified in the Zoning Code.
(3) Be located on a permanent foundation over an easement.
(D) Following the adoption of this Zoning Code, no land use shall be commenced that is not in conformance with the provisions specified in this Zoning Code.
(E) Every building or structure constructed or placed on a lot in the city shall be located entirely on a lot as defined in this chapter; and in no case shall there be more than one principal building on a lot used for residential purposes in the RE Residential Estate District, the R-1 Single Family Residential District, the R-2 Single Family Residential District, or the H Heritage Disrict.
(F) No yard, or part thereof, open space, off-street parking, or loading space that is required for a building, structure, or use for the purpose of complying with the provisions of this Zoning Code shall be considered in meeting the same requirements similarly required for another building.
(G) No ingress and egress to properties from a public street shall be permitted without proper approval from the Service Director.
HISTORY: (Formerly §154.179(C) through (F) and (H) through (J))
(Ord. 3712, passed 10-26-21)
§ 154.04.01 NONCONFORMING USES.
Nonconforming uses include buildings, structures, or uses which were lawfully existing prior to the adoption of this zoning code, but which are prohibited or further restricted as a result of the provisions adopted in this zoning code.
(A) All nonconforming uses are considered by this zoning code to be incompatible with the permitted uses of the zoning district in which the nonconforming uses are located.
(B) Nothing contained in this zoning code shall be construed to require any changes to be made, in the plans, construction, or designed use of any building, structure, or use on which actual construction was lawfully begun, or for which plans were officially approved by the city, prior to the date of adoption of this zoning code.
(1) Actual construction includes projects already under construction, whereby materials have been placed on the site and fastened together in a permanent manner; where excavation of a site has begun; or where demolition of a building to make way for rebuilding has begun, provided the construction, excavation, or demolition and subsequent rebuilding shall be carried on diligently.
(2) Officially approved plans shall include preliminary and final subdivision plans which have been approved by the city, prior to the adoption of this zoning code.
(C) All nonconforming buildings, structures, or uses of land which were lawfully existing prior to the adoption of this zoning code may be maintained and kept in repair providing no further enlargement of nonconforming buildings, structures, or uses of land shall occur. Any nonconformity may be altered to decrease nonconformity.
(D) Any nonconforming building, structure, or use of land, which is superseded by a use which is permitted within the zoning district in which it is located shall thereafter be in conformance with this zoning code, and the previous nonconforming use shall not be resumed.
(E) A nonconforming building or structure shall not be moved, in whole or in part, to any other location on the lot on which it is located unless it is made to conform with all the regulations of the zoning district in which it is located.
(F) Any nonconforming use of a building, or any nonconforming use of land which has been discontinued for a period of six (6) consecutive months, shall not be recontinued or reestablished unless it is made to conform with all of the regulations of the zoning district in which it is located.
(G) Any building, structure, or use of land which is devoted to a use which is not permitted by this zoning code in the zoning district in which it is located shall not be extended, enlarged, constructed, restored, reconstructed, moved, or structurally altered, except as hereinafter provided:
(1) To change its use to a use which is permitted and in conformance with the regulations of this zoning code.
(2) All nonconforming buildings, structures, or uses of land shall not be extended, enlarged, constructed, restored, or reconstructed following destruction greater than 60% of the replacement value immediately prior to the damage, unless in conformity with the provisions of this zoning code, except that;
(a) Nothing in this zoning code shall prevent the total restoration or reconstruction of any legal nonconforming single-family residence, so long as such restoration is actually begun within one year after the date of its damage or destruction.
(b) A residential nonconforming use of land located in any R or B District, except as provided for in § 154.04.01(G)(2)(a) may be extended, enlarged, restored, or reconstructed following destruction greater than 60%, one time after the date of adoption of this zoning code, subject to the approval of the Board of Zoning Appeals of the city.
(H) Nonconforming Lots of Record.
(1) The construction of a conforming structure or the conduct of a permitted use shall be allowed on any lot of record which existed at the time of adoption or amendment of this zoning code, and which has a lot size or frontage less than that required for the structure or permitted use in the zoning district in which the lot is located. Variances shall be granted in accordance with § 154.06.01.
(2) Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership at the time of adoption or amendment of this zoning code. Otherwise, development shall be permitted only in accordance with the regulations of the zoning district in which such ownership is located.
(3) An amendment to the zoning code as referred to in this section shall be interpreted to mean only those amendments which change the required lot size or frontage requirements of a lot of record in question.
(I) Conditionally Permitted Uses Not Considered Nonconforming Uses. Any use of a specific property which is conditionally permitted in a zoning district in accordance with the provisions of this zoning code shall not be considered as a nonconforming use in the zoning district in which it is conditionally permitted. The conditionally permitted use shall be considered a conforming use on the particular lot on which it is located.
HISTORY: (Formerly §154.182; Ord. 1990, passed 11-23-76; Am. Ord. 2306, passed 2-23-82; Am. Ord. 2739, passed 2-13-90; Am. Ord. 3441, passed 1-26-10; Am. Ord. 3677, passed 8-25-20)
§ 154.05.01 GENERAL PROVISIONS.
(A) The Zoning Code is designed and intended to promote the health, safety, and general welfare of the residents of the community.
(B) The administration and enforcement of the Zoning Code is vested in the following offices, boards, or commissions of the city.
(1) Zoning Enforcement Officer.
(2) City Manager.
(3) Planning Commission.
(4) City Council.
(5) Board of Zoning Appeals.
HISTORY: (Formerly § 154.07 (A-B), Ord. 2306, passed 2-23-82)
§ 154.05.02 DUTIES AND RESPONSIBILITIES OF THE CITY MANAGER.
The duties and responsibilities of the City Manager include the appointment of a Zoning Enforcement Officer to enforce the provisions of this Zoning Code, as outlined in § 154.05.03.
HISTORY: (Formerly 154.09, Ord. 2306, passed 2-23-82)
§ 154.05.03 DUTIES AND RESPONSIBILITIES OF THE ZONING ENFORCEMENT OFFICER.
The duties and responsibilities of the Zoning Enforcement Officer or his designated representative include:
(A) Enforce the provisions of the Zoning Code.
(B) Interpret the requirements of the text and map of the Zoning Code. Where there are questions in the interpretation, the Zoning Enforcement Officer may consult with the necessary city staff, including the Law Director, to clarify the questions.
(C) Approve zoning certificates and occupancy certificates to ensure that the proposed use is in accordance with all of the provisions of this Zoning Code, and maintain a complete record of all the certifications. The Zoning Enforcement Officer, upon receipt of a request for a departure from established dimensional requirements set forth in Chapter 153: Signs and Chapter 154: Zoning Code, may administratively grant a waiver from said dimensional requirements only if all of the following criteria are met:
(1) The request is a modest departure from the established dimensional requirements, which shall constitute not more than ten (10) percent of the maximum permitted dimension; and
(2) The adjacent property owners provide the City with a signed letter of approval for such a waiver; and
(3) Such waiver will promote a more development-friendly atmosphere while maintaining reasonable development standards and administrative efficiency; and
(4) Administrative variances shall be granted in accordance with the standards set forth in § 154.06.01. No use variances shall be granted.
(D) Receive and act on all applications for zoning certificates within seven days of their date of filing. Certifications, or a written notification and explanation of noncertification shall be issued to the applicant within seven days of the date of filing. Failure to notify the applicant within this time period shall constitute grounds for submitting the zoning certificate application to the Board of Zoning Appeals.
(E) Where violations are reported or observed, determine whether the use is in compliance with, or in violation of this Zoning Code, and where a violation does exist, the Zoning Enforcement Officer shall notify the owner in writing in accordance with Section 154.05.08(D).
(F) Maintain and keep current the permanent records required by this Zoning Code, including but not limited to the official zoning district map, certification of zoning, zoning inspections, and all other official zoning actions of the City Council. The records shall be made available for use by the City Council, the Planning Commission, the Board of Zoning Appeals, and the general public.
(G) Prepare and submit reports concerning the administration and enforcement of this Zoning Code to the City Manager on request.
HISTORY: (Formerly §154.08; Ord. 2306, passed 2-23-82; Am. Ord. 2962, passed 11-22-94; Am. Ord. 3452, passed 8-12-10; Am. Ord. 3516, passed 10-23-12; Am. Ord. 3677, passed 8-25-20)
§ 154.05.04 DUTIES AND ROLE OF THE CITY PLANNING COMMISSION.
(A) The Planning Commission shall be organized and shall have such powers and duties as provided in §§ 9.01 and 9.02 of the City Charter.
(B) The Planning Commission and its staff shall perform the following duties, in accordance with the Charter, Article IX, ORC §§ 713.01 through 713.05, and ORC § 713.11 (A):
(1) Prepare the Zoning Code.
(2) Interpretation. To determine if uses not specifically mentioned in the zoning are similar to uses permitted within a district.
(3) Initiate the Zoning of Newly Annexed Areas. Whenever lands are incorporated into the city through annexation, the Planning Commission shall provide City Council with temporary and permanent zoning classification recommendations as discussed in § 154.09.07.
(4) Initiate Amendments to the Zoning Code or Official Zoning Map. Continuously review the code for the purpose of recommending official map or text changes or amendments considered necessary and appropriate to update this Zoning Code to promote the best interest of the public in general, only if the amendment can be justified on one of following grounds:
(a) The change is in conformance with the comprehensive plan of the city;
(b) There has been a substantial and significant change in area conditions;
(c) There is a need for additional land in the zoning district classifications being requested for change; or
(d) There is an error in the Zoning Code.
(5) Maintenance of Code. Maintain an up-to-date copy of the text and map on permanent display in the municipal office.
(6) Maintenance of Proceedings Records. The Planning Commission shall cause to be made a record of all its proceedings, setting forth its reasons for its decisions. The record, immediately following the Planning Commission's decision shall be filed in the offices of the Planning Commission, and shall be open to public inspection.
(7) Conditional Uses. The Planning Commission may hear and decide on, in accordance with the provisions of this Zoning Code, applications for a conditional use permit as well as applications for any variance submitted with the application for a conditional use permit as set forth in § 154.07.01(B)(5).
(8) Site Plan Review. The Planning Commission may review, define, and approve site plans and access management requirements for substantial developments that warrant public review.
(9) Public hearings. The Planning Commission may require and hold public hearings concerning matters that come before the Planning Commission.
(C) Appeals Procedure. Appeals from the Planning Commission in their decision on variances, conditional uses and related matters shall be to the county court of common pleas, as provided by the state statutes.
HISTORY: (Newly proposed; Formerly §154.10 (A-B), Ord. 2306, passed 2-23-82; Am. Ord. 3677, passed 8-25-20)
§ 154.05.05 DUTIES AND ROLE OF THE CITY COUNCIL.
The City Council shall:
(A) Appoint five members to the Planning Commission in accordance with the Charter, Article IX, § 9.01;
(B) Appoint five members to the Board of Zoning Appeals in accordance with the Charter, Article IX, § 9.03;
(C) Initiate, or act on changes or amendments to the Zoning Code or Official Zoning Map recommended by the Planning Commission. The Council shall act favorably upon the changes or amendments in accordance with the procedures specified in the Charter and the Ohio Revised Code, only if the request can be justified on one of the following grounds:
(1) The change is in conformance with the comprehensive plan of the city;
(2) There has been a substantial and significant change in area conditions;
(3) There is a need for additional land in the zoning district classification being requested for a change;
(4) There is an error in the Zoning Code. HISTORY: (Formerly § 154.11, Ord. 2306, passed 2-23-82)
§ 154.05.06 DUTIES AND ROLE OF THE BOARD OF ZONING APPEALS.
(A) Membership. The Board of Zoning Appeals shall consist of five members who are residents of the city, and hold no other municipal office or employment. The members shall be selected by the City Council for overlapping terms of five years, in accordance with the Charter, Article IX, § 9.03. The Board of Zoning Appeals shall adopt its own rules and elect its own officers annually.
(B) Official Action. Three Board members shall constitute a quorum, and must be present to conduct Board business, to hold public hearings, to vote on requests for variances, interpretations, and decisions on appeals. When a request for a variance, interpretations, and decisions on appeals does not receive three votes for approval or disapproval, the request may be brought before the Board only when there are at least four Board members in attendance. (Ord. 2453, passed 8-14-84)
(C) (1) Administration appeals. To hear and decide appeals where it is alleged that there is an error in any interpretation, judgment, determination or decision made by the Zoning Enforcement Officer in the administration or enforcement of the provisions of this Zoning Code.
(a) Such appeal shall be made within ten (10) business days after the decision by filing with the Board of Zoning Appeals a notice of appeal on the forms provided for such purpose. The appeal shall:
(i) Cite specific provisions of this Zoning Code that are alleged to have been interpreted in error or the specific decisions or action being appealed and the grounds on which the appeal is being made.
(ii) Include the required fee as set forth in Chapter 37, General Fee Schedule.
(iii) Include such other information as the City of West Carrollton or any of its Boards, Commissions, Departments or Officers may reasonably require; and
(iv) Include a statement as to why the appellant has standing to pursue the appeal from the administrative action by a statement of the way in which the administrative action adversely affects the appellant.
(b) Upon receipt of an appeal, the Board of Zoning Appeals shall set a time and place for a public hearing on the appeal and shall provide the applicant written notice thereof. The hearing shall be commenced within a reasonable time after an appeal has been filed. Notice of the hearing shall be given not less than twenty (20) days prior to the date of the public hearing by publishing notice in a newspaper of general circulation in the city. The Zoning Inspector shall transmit to the Board of Zoning Appeals the materials constituting the record upon which the appeal is based.
(c) The Board of Zoning Appeals shall not be required to hear any case which has been the subject of an appeal during the previous twelve (12) months, unless substantial new evidence, critical to the case, becomes available.
(d) An appeal shall stay any further administrative action in regards to the action being appealed, except that when the appeal is of the issuance of a notice of violation pursuant to Section 154.05.08(D) involving illegal construction, such construction shall cease until a decision on the appeal is rendered by the Board of Zoning Appeals.
(Ord. 3452, passed 7-13-10.)
(D) The Board shall cause to be made a record of all its proceedings, setting forth its reasons for its decisions. The record, immediately following the Board's decision shall be filed in the offices of the Board and Planning Commission, and shall be open to public inspection.
(E) Appeals Procedure. Appeals from the Board of Appeals in their decision on administrative error; variances; interpretations, and related matters shall be to the county court of common pleas, as provided by the state statutes.
HISTORY: (Newly proposed; Formerly § 154.12, Ord. 1980, passed 7-13-76; Am. Ord. 2306, passed 2-23-82; Am. Ord. 2410, passed 9-27-83; Am. Ord. 2766, passed 9-11-90; Am. Ord. 2816, passed 8-13-91; Former paragraph § 154.12(C)(3) deletion proposed)
§ 154.05.07 ADMINISTRATIVE PROCEDURES.
(A) Zoning Certificate.
(1) Requirements. No person shall locate, erect, construct, reconstruct, enlarge, or structurally alter any building or structure within the city, without having the required zoning certificate. The certificate shall not be issued unless the plans for the proposed building or structure fully comply with all the provisions of this Zoning Code. Any zoning certificate issued in conflict with the provisions of this chapter shall be null and void.
(2) Application. Application for a zoning certificate shall be made in writing to the Zoning Enforcement Officer. Each written application shall include the following:
(a) Name, address, and telephone number of the applicant;
(b) Two copies of a scale drawing showing the actual shape and dimensions of the lot to be built on, or to be changed in its use, in whole or in part;
(c) The location of the lot, existing zoning and land use, including the immediately surrounding area;
(d) The location, size, and height of any building or structure to be erected or altered;
(e) The existing or intended use of each building, structure, or use of land where no buildings are included; and
(f) The number of families or dwelling units each building is designed to accommodate, if applicable.
(3) Utility buildings. Zoning certificates shall be required for all utility buildings, including those accessory to a dwelling.
(4) Time limit. If a zoning certificate is issued for the purpose of constructing a new building or structure and the construction is not begun within a 180 day time period, then the zoning certificate shall be null and void.
HISTORY: (Formerly § 154.13(B); Ord. 2306, passed 2-23-82; Am. Ord. 2940, passed 4-26-94; Am. Ord. 2962, passed 11-22-94; Am. Res. 29-97, passed 8-12-97)
(B) Occupancy Certificate.
(1) Requirements. No building, structure, or addition thereto constructed, built, moved, remodeled, or reconstructed shall be occupied or used for any purpose; and no vacant land shall be used for any purpose; and no use of any land, building, or structure shall be changed to any other use unless an occupancy certificate shall first have been obtained from the Zoning Enforcement Officer certifying that the proposed use or occupancy complies with all the provisions of this chapter.
(2) Every application for a zoning certificate shall be deemed to be an application for an occupancy certificate also. Every application for an occupancy certificate for a new or changed use of land, building, or structures where no zoning certificate is required shall be filed with the Zoning Enforcement Officer and be in such form and contain such information as the Zoning Enforcement Officer shall provide by general rule.
(3) Issuance of occupancy certificate.
(a) No occupancy certificate for a building or structure or addition thereto, constructed, built, moved, remodeled, or reconstructed shall be issued until such work has been completed and the premises inspected and certified by the Zoning Enforcement Officer to be in full and complete compliance with the plans and specifications upon which the zoning certificate for the property was issued. No occupancy certificate for a new use of any building, structure or land shall be issued until the premises have been inspected and certified by the Zoning Enforcement Officer to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located. However, the Zoning Enforcement Officer may issue a certificate of occupancy to an applicant who has not, or whose predecessor or predecessors in interest has not obtained a certificate of occupancy for a change in use of any land, building, or structure as required by law at the time such change in use occurred, provided the Zoning Administrator determines that such applicant, or his predecessor or predecessors in interest, would have been entitled to the issuance of a certificate of occupancy if the application then required by law would have been made.
(b) Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed 180 days from its date pending the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within 15 days after the receipt of an application therefore, or after the Zoning Enforcement Officer is notified in writing that the structures or premises are ready for inspection for an occupancy certificate.
HISTORY: (Formerly § 154.13(C); Ord. 2306, passed 2-23-82; Am. Ord. 2940, passed 4-26-94; Am. Ord. 2962, passed 11-22-94; Am. Res. 29-97, passed 8-12-97)
§ 154.05.08 ENFORCEMENT PROCEDURES.
(A) Enforcement. This Zoning Code shall be enforced by the City Manager, and the Zoning Enforcement Officer as may be designated by the City Manager.
(B) Revocation of Certification of Zoning. Any certification of zoning issued upon a false and substantive statement shall be void. Whenever the fact of the false statement shall be established to the satisfaction of the City Manager, the certification shall be revoked by notice in writing to be delivered to the holder of the void certification on the premises concerned, or in some conspicuous place on the premises. Any person who shall proceed thereafter with the work or use without having obtained new certification of zoning, in accordance with this Zoning Code, shall be deemed guilty of violation thereof.
(C) Violation. In case any building is, or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used, or any land is, or is proposed to be used in violation of this Zoning Code, the City Council, the Law Director, and Zoning Enforcement Officer, or any neighboring property owner who would be damaged by the violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove the unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.
HISTORY: (Formerly § 154.14 (Ord. 2306, passed 2-23-82; Am. Ord. 2962, passed 11-22-94))
(D) Notice of Zoning Violation.
(1) Whenever the Zoning Enforcement Officer, inspector or designate thereof determines that there is a violation of the Zoning Code, a notice of violation shall be issued. Such notice shall:
(a) Be in writing;
(b) Identify the violation;
(c) Include a statement of the reason or reasons why it is being issued and refer to the sections of this Zoning Code being violated; and
(d) State the time by which the violation shall be corrected.
(2) Service of notice of violation shall be as follows:
(a) Method of service. Such legal notice shall be deemed to be properly served if a copy thereof is (a) delivered to the owner, occupant or agent in person (b) sent by certified or registered mail addressed to the owner at the last known mailing address with return receipt requested or (c) posted in a conspicuous place in or about the premises affected.
(b) If the registered or certified mail envelope is returned with an endorsement showing that the service was unclaimed, the notice may be served by ordinary mail to the owner's last known mailing address. This mailing shall be evidenced by a certificate of mailing, and service shall be deemed complete on that date of mailing.
(c) When service is perfected by posting notice on or about the premises affected, such posting shall be evidenced by a photograph and a notarized certificate of service. Such notice, photograph, and certificate of service shall be sent by ordinary mail to the last known mailing address as evidenced by a certificate of mailing and service shall be deemed completed on that date.
(d) If service of written notice is unable to be perfected by any of the hereinbefore methods, the City Manager or his/her designee shall cause the notice to be published in a newspaper of general circulation in the city, once each week for two consecutive weeks, and service shall be deemed completed on the second date of publication.
(E) Entry and Inspection of Property.
(1) Authorization. An inspector designated by the City Manager is authorized to make inspections of property and structures located within the City of West Carrollton in order to safeguard the public health, safety and welfare, and may enter, examine and survey at any reasonable hour such properties for the purpose of enforcing the provisions of this Zoning Code.
(2) Permission. Prior to seeking entry to a property or structure for the purposes of making inspections necessary to enforce the provisions of this Zoning Code, the inspector or designate thereof shall attempt to obtain the owner's or occupant's permission to inspect. If such permission is denied or is unable to be obtained, the enforcement officer shall request assistance from the Law Director in securing a valid search warrant prior to inspection. For exterior property violations clearly visible from the public right of way, or for properties previously declared a public nuisance and/or determined by a code official to be a public nuisance, permission need not be obtained.
(3) Liability. No officer, agent or employee of the City of West Carrollton shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of duties under this Zoning Code. (Ord. 3452, passed 7- 13-10.)
§ 154.05.09 PENALTY; EQUITABLE REMEDIES.
(A) Any person, firm, or corporation violating any provision of this Zoning Code, including violations of conditions and safeguards established in connection with grants of variances or conditional uses, shall be deemed guilty of a misdemeanor of the first degree, and on conviction thereof, shall be fined not more than $1,000 or imprisoned not more than six months, or both, and, in addition, shall pay all costs and expenses involved in the case. Each and every day during which the illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation, may each be found guilty of a separate offense and suffer the penalties provided in this section.
(B) Nothing contained in this section shall prevent the Municipality from taking such other lawful action as is necessary to prevent or remedy any violation.
HISTORY: (Formerly § 154.999 (Ord. 2306, passed 2-23-82); highlight indicates newly proposed language)
§ 154.06.01 VARIANCES.
(A) Purpose. The Board of Zoning Appeals may authorize upon appeal, a variance from strict application of the provisions of this Zoning Code in accordance with the standards set forth in this section. Use variances are prohibited.
(B) Public Hearing and Notice. A public hearing shall be held by the Board of Zoning Appeals within 30 days after the receipt of an application for an appeal or variance from the Zoning Enforcement Officer or an applicant. Notice thereof shall be given to the parties in interest not less than 20 days prior to the date of the public hearing by first class mail and by publishing notice in one or more newspapers of general circulation in the city. The notice shall set forth the time and place of the public hearing, and the nature of the proposed variance. Additional notice may also be given by such other means as the granting authority deems appropriate, such as by posting notice on or near the parcel of land involved or at places which will be conspicuous to the neighboring properties and to the public. Failure of any person, other than the applicant, to receive notice of any hearing or public hearing shall in no way affect the validity of the action taken. The public hearing must be open to the public and testimony should be taken under oath and subject to cross-examination.
(C) Written Application. The requested variance must be in writing, submitted by the filing deadline established in the Board of Zoning Appeals Schedule of Meetings, and contain the following information which demonstrates that the variance request meets the requirements of § 154.06.01:
(1) A fully completed Variance Application Form provided by the city, signed by the property owner or the owner's designated agent, and properly notarized;
(2) If necessary, a fully completed Agent Authorization Form provided by the city, signed by the property owner, and properly notarized;
(3) The owner names, addresses, and parcel numbers of all property located within 200 feet of the property in question, along with a corresponding map showing these parcels;
(4) A site plan drawn to scale indicating the dimensions of all existing and proposed structures and their distances to each property line, as well as photographs of the premises;
(5) For sign variances, a site plan and elevations drawn to scale showing the location, size, height, setback, color scheme, method of lighting, and method of support of the proposed sign;
(6) Any other information or materials necessary to support the application;
(7) Payment of an application fee as established in Chapter 37: General Fee Schedule.
(D) Board of Zoning Appeals Review. The Board of Zoning Appeals shall base its review of a variance application upon the complete application, upon any staff report, and upon any relevant and credible public testimony and evidence presented during the adjudication hearing. If the Board of Zoning Appeals finds that the information provided is insufficient to make a determination, it may suspend its review until sufficient information has been provided.
(1) Burden of Proof. The applicant shall be required to present by preponderance of reliable, probative, and substantial testimony and evidence that supports the applicant's request for a variance.
(2) Decision Standards. The Board of Zoning Appeals will consider the effect of the request on the public health, safely and welfare. Variances shall be granted only upon a determination that practical difficulties exist with respect to the property in question that would render strict application of the Zoning Code unreasonable and that substantial justice is done. This determination shall be made without regard to the existence of variances and nonconformities on other land, sites, or structures not presently under consideration. In determining whether practical difficulties exist sufficient to warrant a variance, the Board shall consider and weigh the following factors:
(a) Whether the property in question will yield reasonable return or whether there can be any beneficial use of the property without the variance;
(b) Whether the variance is substantial;
(c) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(d) Whether the variance would adversely affect the delivery of governmental services (i.e. water, sewer, garbage);
(e) Whether the property owner purchased the property with the knowledge of the zoning restriction;
(f) Whether the property owners' predicament feasibly can be obviated through some method other than a variance;
(g) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance; and
(h) Any other relevant factor.
(E) Action by Board of Zoning Appeals.
(1) The Board of Zoning Appeals shall grant, grant with conditions, or deny a variance application as presented and shall clearly state the findings upon which its decision is based.
(2) The Board of Zoning Appeals shall base its decision only upon the Decision Standards in this chapter. The Board may prescribe any additional conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a punishable violation under this Zoning Code.
(F) Following disapproval by the Board of Appeals of an application or request for variance from the literal interpretation of this Zoning Code, no subsequent application requesting the same variance shall be filed by any applicant, whether the person, firm, or corporation, until the expiration of 12 months after the original or subsequent disapproval.
(G) Issuance of Permits.
(1) The Zoning Administrator shall issue permits to permit the action for which a variance was sought after the Board of Appeals grants a variance. Construction permits shall not be issued unless the plans substantially conform to those upon which a variance was granted. Any action that exceeds a granted variance shall constitute a violation of the Zoning Code.
(2) Approval of a variance shall expire if the applicant or owner fails to obtain the required zoning certificate or building permits within 180 days from the date of approval by the Board. The Board may grant a maximum of two extensions not exceeding 180 days each, upon written application. The Board shall not consider or grant any extension when a zoning map or text amendment has been enacted, subsequent to the approval of the original variance, which would affect the property subject to the variance.
HISTORY: (Newly proposed; Formerly §154.12(C)(2); Am. Ord. 3677, passed 8-25-20)
§ 154.07.01 CONDITIONAL USE REGULATIONS.
A conditional use permit shall be required for all uses listed as conditionally permitted uses in this Zoning Code. The purpose of a conditional use permit is to allow a proper integration into the city of uses which may only be suitable in specific locations within certain zoning districts, or only if the uses are designed or laid out in a particular manner on the site to safeguard both the property rights of all individuals and the health, safety, and general welfare of the community.
(A) Contents of Conditional Use Permit Application.
All conditionally permitted uses included in this Zoning Code must be approved by the Planning Commission by filing an application with the Zoning Enforcement Officer. Application for a conditional use permit shall be made by the property owner, or agent thereof, to the Planning Commission on a form prescribed by the city. Such application at a minimum shall contain the following information:
(1) Name, address and phone number of the applicant;
(2) Legal description of the property;
(3) Zoning district;
(4) Description of proposed conditional use;
(5) Maps and drawings of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping features, and such other information as the Plan Commission may require. When a proposed site is adjacent to residential properties, a photo simulation of the proposed facility from effected residential properties and public right-of-ways shall be taken at designated locations.
(6) A narrative statement discussing the compatibility of the proposed use with the existing uses of adjacent properties and with the comprehensive plan, to include an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, and vibration, and such other information as the Plan Commission may require. At a minimum this narrative shall address the ability of the application to meet each of the applicable criteria contained in paragraph (B) of this section.
(7) A list containing the names and mailing addresses of all owners of property within 200 feet of the property in question;
(8) A fee as established by Ordinance.
(B) General Standards for All Conditional Uses.
The Planning Commission shall not grant a conditional use permit and require the subsequent issuance of a conditional use permit by the Zoning Enforcement Officer unless it shall, in each specific case, review the particular facts and circumstances of each proposed use and make specific findings of fact directly based upon the particular evidence presented to it.
(1) Expansion of Existing Conditionally Permitted Uses.
(a) Any existing lawful use which is considered as a conditionally permitted use by this Zoning Code, which is located in a zoning district in which the use is conditionally permitted, shall be considered as a conforming use.
(b) Any expansion of a conditionally permitted use involving the enlargement of buildings, structures, or land area devoted to the conditional uses, shall be subject to the procedures outlined in this section.
(2) Findings. In considering an application for a conditional use permit, the Planning Commission must make an affirmative finding that the proposed conditional use:
(a) Is in fact to be located in a district wherein the use may be conditionally permitted;
(b) Facilitates and encourages the general objectives, or any specific objective, of the City’s comprehensive plan and/or Zoning Code, and does not adversely affect the envisioned predominant character or purposes in the District;
(c) Serves to create a well-planned, visually appealing development which will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
(d) Will not be an adverse influence or present hazardous or disturbing impacts upon any existing or future abutting or neighboring uses;
(e) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. (See § 154.11.03);
(f) Is designed to maximize the public interest and private benefit in a balanced manner.
(g) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
(h) Provides adequate ingress/egress to the development, and relates effectively to the existing street system in terms of safety and ease of access with vehicular approaches to the property so designed as not to create an interference with traffic on surrounding public thoroughfares;
(i) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(j) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(3) Substantially Similar Use. Where a specific use is proposed that is not listed or provided for in this Zoning Code, the Planning Commission may make a determination that the proposed use is substantially similar to a permitted or conditional use listed in this Zoning Code. Upon making a determination that a proposed use is a substantially similar use, the Planning Commission shall notify the Council of its decision and shall include in its written findings the reasoning upon which the decision is based. Unless the decision is rejected within thirty (30) days of its receipt by the Council, such substantially similar use determination by the Planning Commission shall become effective. A substantially similar use shall then be permitted in the same manner and under the same conditions and procedures as the use is permitted to which it has been found to be substantially similar. The Zoning Enforcement Officer shall maintain as a public record a listing of all uses about which the determination of substantial similarity was made and shall consult this record in the process of issuing future permits. If the Planning Commission determines that a proposed use is not substantially similar, remedy may be sought by the appellant through the submission of an application for amendment as prescribed in § 154.08.01. The following standards shall be considered by the Planning Commission when making a determination that a use is substantially similar to a permitted or conditional use within a specific district:
(a) The compatibility of the proposed use with the general use classification system as specified in this Zoning Code.
(b) The nature, predominant characteristics, and intensity of the proposed use in relation to those uses specified by this Zoning Code as being permitted, or conditionally permitted, in that district.
(c) The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses as specified in this Zoning Code.
(d) The site development plan proposed by an applicant, while not strictly in accord with the regulations applying within the District, meets public purposes, provides public protection, and conforms with the objectives and principles of the comprehensive plan and Zoning Code.
(e) In the particular circumstances of the case, strict application of a particular regulation or regulations is not necessary for the accomplishment of the public purposes or the provision of public protection, at the time or in the future.
HISTORY: (Newly proposed; Formerly § 154.36.5; Ord. 3105. Passed 11-10-98.)
(4) Supplementary Conditions and Safeguards. When considering an application for a conditional use permit, the Board shall impose such other conditions and limitations as may be deemed necessary to carry out the purpose and intent of the Zoning Code, and to preserve and protect the general public health, safety, and welfare.
(5) Joint Variance Application. If an application for a variance has been filed in conjunction with an application for a conditional use, the Planning Commission may make its decision on the application for a conditional use pending upon a decision by the Board of Zoning Appeals to grant a variance for such conditional use in accordance with § 154.06.01, or the Planning Commission may make a decision upon both applications for the variance and the conditional use, serving in the capacity of the Board of Zoning Appeals for administrative expedience in accordance with R.C. 713.11 (A) and in accordance with § 154.05.04.
(6) Public Hearing. A public hearing must be held by the Planning Commission in considering an application for a conditional use permit. Notice thereof shall be given not less than 20 days prior to the date of public hearing by posting notice on or near the parcel of land involved at places which will be conspicuous to the neighboring properties and to the public, or by publishing notice in a newspaper of general circulation in the city. Notice may also be given by any other means as the granting authority deems appropriate. Failure of any person, other than the applicant, to receive notice of any hearing or public hearing shall in no way affect the validity of the action taken.
(7) Action by the Planning Commission. Within thirty (30) days after the date of the public hearing, the Planning Commission shall take one of the following actions:
(a) Approve issuance of the conditional use permit by making an affirmative finding in writing that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, that all conditions for approval of such use in such district have been met, and that such use will neither result in significant negative impacts upon nor conflict with surrounding uses. Such written finding may also prescribe supplementary conditions and safeguards. Upon making an affirmative finding, the Planning Commission shall direct the Zoning Enforcement Officer to issue a conditional use permit for such use which shall list all conditions and safeguards specified by the Planning Commission for approval.
(b) Make a written finding that the application is deficient in information or is in need of modification and is being returned to the applicant. Such finding shall specify the information and/or modifications which are deemed necessary.
(c) If an application is disapproved by the Planning Commission, the applicant may seek relief through the Court of Common Pleas. Appeals from the Planning Commission shall be made in the manner specified by the state statutes.
(8) Expiration of Conditional Use Permit. Approval of a conditional use permit shall expire if the applicant or owner fails to obtain the required zoning certificate or building permits within 180 days from the date of approval by the Planning Commission. The Planning Commission may grant a maximum of two extensions not exceeding 180 days each, upon written application. The Board shall not consider or grant any extension when a zoning map or text amendment has been enacted, subsequent to the approval of the original conditional use permit, which would affect the property subject to the conditional use permit.
HISTORY: (Newly proposed; Formerly § 154.181)
§ 154.08.01 PROCEDURE FOR AMENDMENTS.
The City Council may by ordinance, after receipt of a recommendation thereon from the Planning Commission, and following the required public hearing held by City Council, amend, supplement, change, or repeal the regulations, restrictions, or zoning district boundaries or classifications of property whenever the public necessity, convenience, general welfare, provisions of the comprehensive plan, or good zoning practices require.
(A) A request to amend this Zoning Code may be initiated as follows:
(1) By adoption of a motion by the Planning Commission;
(2) By adoption of a resolution by the City Council requesting the Planning Commission to make a review and recommendation;
(3) By the filing of an application by the owner of the property to be changed or affected by the proposed amendment.
(B) Applications by property owners for amendments shall contain such information as may be required by the Planning Commission, City Council, and City Manager for thorough review of each proposed amendment.
(C) Following the adoption and transfer of a resolution to the Planning Commission by the City Council, the adoption of a motion by the Planning Commission, or the filing of an application by the property owner, the Planning Commission may advertise and hold a public hearing on the proposed amendment, or supplement. If so:
(1) Notice shall be advertised by at least one publication in a newspaper of general circulation within the city, at least 20 days prior to the date of the public hearing. The notice shall state the date, place, and time of the hearing, and shall include the places and times that the proposed amendment and supporting documentation may be examined. Notice may also be given not less than ten days prior to the date of the public hearing by posting notice on or near the parcel of land involved at places which will be conspicuous to the neighboring properties and to the public, or by such other means as the granting authority deems appropriate.
(2) If the proposed amendment or supplement intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be mailed by the Planning Commission by first class mail at least 20 days before the date of the public hearing to the owners of the property within 200 feet from the parcel, to the addresses of the owners appearing on the County Auditor's current tax list or the treasurer's mailing list and to such other list or lists that may be specified by the city. The failure of delivery of the notice shall not invalidate the public hearing.
(D) The Planning Commission shall, by resolution, recommend the approval, approval with modification, or disapproval of the application, and the secretary of the Planning Commission shall transmit the resolution to the City Council. On receipt of the recommendation of the Planning Commission, the City Council shall advertise and hold a public hearing on the proposed amendment or supplement.
(1) Notice shall be advertised by at least one publication in a newspaper of general circulation within the city, at least 30 days prior to the date of the public hearing. The notice shall state the date, place, and time of the hearing. Notice may also be given not less than 20 days prior to the date of the public hearing by posting notice on or near the parcel of land involved at places which will be conspicuous to the neighboring properties and to the public, or by such other means as the granting authority deems appropriate,
(2) If the proposed amendment or supplement intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be mailed by the Clerk of Council, by first class mail at least 20 days before the date of the public hearing to the owners of the property within and contiguous to and directly across the street from the parcel, to the addresses of the owners appearing on the County Auditor's current tax list or the treasurer's mailing list and to such other list or lists that may be specified by the city. The failure of delivery of the notice shall not invalidate the public hearing.
(3) During the 30-day period prior to the public hearing, the text describing the proposed amendment, together with the plans and supporting documentation, shall be on file and available for review by the public, in the office of the City Manager.
(4) At or following the public hearing, the City Council shall act on the proposed amendment.
(E) When the recommendation of the Planning Commission is for disapproval of the proposed change or amendment, an affirmative vote of at least a majority plus one member of the City Council present shall be required for approval of the ordinance authorizing the change or amendment.
(F) Following disapproval by City Council of an application to amend the Zoning Code or map, no subsequent application requesting the same amendment shall be filed by any applicant, whether the same person, firm, or corporation, until the expiration of 12 months after the original or subsequent disapproval.
HISTORY: (Newly proposed; Formerly § 154.13(A); Ord. 2306, passed 2-23-82; Am. Ord. 2940, passed 4-26-94; Am. Ord. 2962, passed 11-22-94; Am. Res. 29-97, passed 8-12-97)
§ 154.08.02 ZONING MAP AMENDMENTS.
Within fifteen (15) days of the effective date of any change of a zoning district classification or boundary, the Zoning Enforcement Officer shall amend the Official Zoning Map to reflect such change, and shall note the effective date of such change, together with appropriate reference to the ordinance authorizing such change. The Official Zoning Map shall then be signed by the Mayor and attested to by the Clerk.
HISTORY: (Newly proposed)
§ 154.09.01 PURPOSE.
The purpose of this Article is to establish zoning districts in order to realize the general purposes set forth in § 154.03.01(B), to provide for orderly growth and development, and to protect the property rights of all individuals by assuring the compatibility of uses and practices within districts.
HISTORY: (Newly proposed)
§ 154.09.02 ESTABLISHMENT OF ZONING DISTRICTS.
(A) The following zoning districts are hereby established for the City of West Carrollton, Ohio:
(1) LD Limited Development District;
(2) A Agricultural District
(3) RE Residential Estate District;
(4) R-1 Single-Family Residential District;
(5) R-2 Single-Family Residential District;
(6) R-4 Multiple-Family Residential District;
(7) R-5 Multiple-Family Residential District;
(8) R-PUD Residential Planned Unit Development District;
(9) R-MHP Manufactured/Mobile Home Park District;
(10) O-R Office-Residential District;
(11) O Office District;
(12) B-1 Convenience Commercial District;
(13) B-2 General Commercial District;
(14) Olde Downtown District;
(15) CC Alexander Square City Center District
(16) M-1 Business Park District;
(17) M-2 Manufacturing District;
(18) PUD Planned Unit Development District
(19) H Heritage Overlay District
(B) Nothing in this Article shall be construed to require the actual location of any district on the Official Zoning Map, as it is the intent of this Zoning Code to provide the flexibility in its administration to allow future expansion and emendation.
(C) The districts designated on the official zoning district map and described in this Code are established, and no buildings or structures shall be erected or altered, nor any land within the corporate limits used in a manner prohibited by the regulations herein prescribed, except the following which are not subject to zoning districts:
(1) Federal, state, or municipal governmental buildings or functions.
(2) Public schools.
HISTORY: (Newly proposed; Formerly § 154.04; Ord. 2306, passed 2-23-82; Am. Ord. 2522, passed 8-27-85; Am. Ord. 2695, passed 6-13-89)
§ 154.09.03 ZONING DISTRICT MAP.
The districts established in § 154.09.02, as shown on the Official Zoning Map, which, together with all data, references, explanatory material and notations thereon, are an integral part of the Zoning Code and are hereby officially adopted as part of this Zoning Code and hereby incorporated by reference herein, thereby having the same force and effect as if herein fully described in writing. The Official Zoning Map shall control whenever there is an apparent conflict between the district boundaries as shown on the Map and the description(s) as found in the text of this Zoning Code or any other ordinance.
HISTORY: (Newly proposed; Formerly § 154.03; Ord. 2306, passed 2-23-82)
§ 154.09.04 ZONING MAP LEGEND.
There shall be provided on the Official Zoning Map a legend which shall list the name of each zoning district and indicate the symbol for that district. A color, combination of colors, or black and white patterns may be used in place of symbols to identify the respective zoning districts in such legend. In addition to such legend, the Official Zoning Map shall provide sufficient space for compliance with § 154.08.02 and § 154.09.05.
HISTORY: (Newly proposed)
§ 154.09.05 IDENTIFICATION OF OFFICIAL ZONING MAP.
The Official Zoning map shall be properly identified by the signature of the Mayor, as attested by the City Clerk, and bearing the official seal. The Map shall be maintained by the Zoning Enforcement Officer, and shall remain on file in the office of the Director of the Planning and Economic Development Department. The Official Zoning map shall be a reproducible document, and copies shall be made available to the public upon request and upon payment of a fee as established by ordinance.
HISTORY: (Newly proposed)
§ 154.09.06 INTERPRETATION OF ZONING DISTRICTS; MAP AND TEXT.
The following rules shall be used to determine the precise location of any zoning district boundary unless such boundary is specifically indicated on the Official Zoning Map:
(A) Where zoning district boundaries are delineated to follow, or follow approximately property lines, the property lines shall be considered as the district boundaries.
(B) Where zoning district boundaries are shown to follow, or approximately follow the centerline or right-of-way lines of highways, streets, or alleys, these centerlines or right-of-way lines shall be considered as the district boundaries.
(C) Where zoning district boundaries are shown to follow a railroad line, the middle of the main tracks of such railroad line shall be considered as the district boundaries.
(D) Where zoning district boundaries are shown to follow or approximately follow the limits of any municipal corporation, the corporation limits shall be considered the district boundaries.
(E) Whenever any highway, street, alley, railroad, or other public right-of-way is officially abandoned by the city, the adjoining zoning district boundary shall be automatically extended to the centerline of the abandoned right-of-way, and the area shall become subject to the regulations of the zoning district in which it is located. In the event that only a portion of a right-of-way is abandoned, the adjoining zoning district boundary, or the district boundary nearest the abandoned area shall be extended.
(F) Where zoning district boundaries are delineated to be parallel, or parallel approximately to centerlines or right-of-way lines, the district boundary shall be considered as being parallel and at such distance as shall be indicated on the Official Zoning Map. When no dimension is shown on the map, the distance shall be determined in accordance with the scale shown on the official zoning district map.
(G) In interpreting the text, the particular shall control the general.
(H) The phrase used for includes arranged for, designed for, intended for, maintained for, or occupied for.
HISTORY: (Newly proposed; Formerly § 154.05; Ord. 2306, passed 2-23-82)
§ 154.09.07 ZONING UPON ANNEXATION.
The following regulations shall apply to any areas annexed to the City:
(A) If any lots, tracts, or lands are not subject to zoning at the time of their annexation, they shall be classified into whichever districts established by this Zoning Code most closely resembles the existing uses at the time of the annexation. Such classification shall be recommended to Council by the Planning Commission and shall be approved by Council resolution.
(B) Whenever lands which are subject to zoning at the time of their annexation into the City, the zoning regulations then in effect in these annexed areas shall remain in full force and shall be enforced by the appropriate county or township officials having jurisdiction, until the city shall officially determine and adopt new zoning for the territory upon recommendation by the Planning Commission.
HISTORY: (Formerly § 154.10; Ord. 2306, passed 2-23-82)
(C) With respect to any annexation, the Planning Commission shall within 90 days conduct a public hearing on the matter of permanent zoning classification following the Zoning Code amendment process outlined in § 154.08.01.
HISTORY: (Newly proposed)
§ 154.10.001 L-D LIMITED DEVELOPMENT DISTRICT.
The purpose of the Limited Development District is:
(A) To protect storm water channels so that they will be able to carry abnormal flows of water in time of high water and flooding;
(B) To designate areas which are not suitable for intensive community development due to flooding by preventing the encroachment into these areas by uses, buildings, and structures which will materially obstruct the flow of water, thereby increasing the magnitude of flooding;
(C) To preserve from development areas that will be needed for expansion and improvement of groundwater drainage; and
(D) To prevent the loss of life and excessive property damage.
HISTORY: (Formerly § 154.159; Ord. 2306, passed 2-23-82)
§ 154.10.002 PRINCIPAL PERMITTED USES.
Provided that no principal building or structure is located in an area subject to flooding in such a way as to materially obstruct the flow of water as determined by the Miami Conservancy District, the following uses are permitted in this district:
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Dwelling – Expansion of residential dwellings constructed prior to September 27, 1988 to an extent not exceeding 50% of the market value of the principal structure before the expansion is started.
(D) Farming and agricultural production, and related farm uses.
(E) Parking, On-site.
(F) Parkland – Community parkland and public open space.
(G) Recreation – River-related recreational uses such as boat livery, boat rentals, and other such similar nature uses.
(H) Recreation – Private, noncommercial areas and facilities.
HISTORY: (Newly proposed; Formerly § 154.160)
§ 154.10.003 CONDITIONALLY PERMITTED USES.
Provided that no principal building or structure is located in an area subject to flooding in such a way as to materially obstruct the flow of water as determined by the Miami Conservancy District, and the general conditions and supplemental requirements in this Chapter, the following uses are conditionally permitted in this district:
(A) Contractor office
(B) Contractor shop
(C) Contractor storage yard
(D) Parking, Commercial.
(E) Parking, Shared.
(F) Public utility substation and transmission facilities.
(G) Resource and mineral extractions.
(H) Wireless telecommunications facility.
(I) New dwellings, provided they are not located in the Special Flood Hazard Area as indicated on the FEMA Flood Rate Insurance Maps for Montgomery County, Ohio.
(Ord. 3309. Passed 11-8-05; Ord. 3592. Passed 10-11-16.)
§ 154.10.004 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
‘HISTORY: (Formerly § 154.161.1; Ord. 2909, passed 10-5-93; Am. Ord. 3063, passed 9-23-97)
§ 154.10.005 MINIMUM ZONING LOT SIZE.
Regulations concerning minimum lot size are not applicable in this district.
HISTORY: (Formerly § 154.162; Ord. 2306, passed 2-23-82)
§ 154.10.006 MINIMUM FRONTAGE.
Regulations concerning minimum frontage are not applicable in this district.
HISTORY: (Formerly § 154.163; Ord. 2306, passed 2-23-82)
§ 154.10.007 MAXIMUM HEIGHT.
Regulations concerning maximum height are not applicable in this district.
HISTORY: (Formerly § 154.164; Ord. 2306, passed 2-23-82)
§ 154.10.008 MINIMUM YARD REQUIREMENTS.
Regulations concerning minimum yard requirements are not applicable in this district.
HISTORY: (Formerly § 154.165; Ord. 2306, passed 2-23-82)
§ 154.10.009 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.166; Ord. 2306, passed 2-23-82)
§ 154.10.010 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.167; Ord. 2306, passed 2-23-82)
§ 154.10.011 OTHER REGULATIONS.
§ 154.10.012 A AGRICULTURAL DISTRICT.
The purpose of the A Agricultural District is to provide for low density residential development compatible with certain farm uses
HISTORY: (Formerly § 154.169; Ord. 2306, passed 2-23-82)
§ 154.10.013 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Day care facility – Type B family day care home.
(C) Dwelling – Single-family, detached
(D) Farming and agricultural production, and related farm uses.
(H) Home occupations subject to the conditions of § 154.16.03.
(I) Parking, On-site.
(J) Parkland – Community parkland and public open space.
(K) Subdivision, Conventional residential.
HISTORY: (Newly proposed; Formerly § 154.170)
§ 154.10.014 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Cemeteries
(B) Churches and other similar places of religious worship.
(C) Lodging – Bed and breakfast establishment.
(D) Public utility substation and transmission facilities.
(E) Recreation – Golf course.
(F) Recreation – Private, noncommercial areas and facilities.
(G) School – Private school/Primary school/Intermediate school/Secondary school.
(H) Subdivision, Cluster residential.
(I) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.151)
§ 154.10.015 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.171.1; Ord. 2909, passed 10-5-93)
§ 154.10.016 MINIMUM ZONING LOT SIZE.
Single-family housing and other permitted uses, two acres.
Other permitted uses: none
HISTORY: (Newly proposed; Formerly § 154.172)
§ 154.10.017 MINIMUM FRONTAGE.
Single-family housing and other permitted uses, 150 feet.
Other permitted uses: none
HISTORY: (Newly proposed; Formerly § 154.173)
§ 154.10.018 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard.
(1) Residential Uses: 50 feet.
(2) Other Permitted Uses: none.
(3) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.027(A)(1) or (2).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.027(A)(1) or (2) shall apply to each yard with street frontage.
(B) Minimum for Each Side Yard. Residential and other permitted uses, 25 feet.
(C) Minimum Rear Yard.
(1) Residential uses: 50 feet.
(2) Other Permitted Uses: none.
HISTORY: (Newly proposed; Formerly § 154.175)
§ 154.10.019 MAXIMUM AND MINIMUM HEIGHT REQUIREMENTS.
(A) Maximum Height: 35 feet or 2-1/2 stories.
HISTORY: (Newly proposed; Formerly § 154.174; Ord. 2306, passed 2-23-82)
§ 154.10.020 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.176; Ord. 2306, passed 2-23-82)
§ 154.10.020.01 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.177; Ord. 2306, passed 2-23-82)
§ 154.10.020.02 OTHER REGULATIONS.
§ 154.10.021 RE RESIDENTIAL ESTATE DISTRICT.
The purpose of the RE Residential Estate District is to maintain existing development patterns, and reserve certain land areas for single-family detached dwellings at low densities.
HISTORY: (Formerly § 154.149; Ord. 2306, passed 2-23-82)
§ 154.10.022 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Day care facility – Type B family day care home.
(D) Dwelling – Single-family, detached
(E) Group home – Adult family home.
(F) Group home – Community alternative home.
(G) Group home – Foster care facility/Certified family foster home.
(H) Group home – MR/DD family care facility.
(I) Home occupations subject to the conditions of § 154.16.03.
(J) Parking, On-site.
(K) Parkland – Community parkland and public open space.
(L) Subdivision, Conventional residential.
HISTORY: (Newly proposed; Formerly § 154.150)
§ 154.10.023 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Churches and other similar places of religious worship.
(B) Public utility substation and transmission facilities.
(C) Recreation – Private, noncommercial areas and facilities.
(D) School – Private school/Primary school/Intermediate school/Secondary school.
(E) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.151)
154.10.024 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.151.1; Ord. 2909, passed 10-5-93)
§ 154.10.025 MINIMUM ZONING LOT SIZE.
Single-family housing and other permitted uses, one acre.
HISTORY: (Newly proposed; Formerly § 154.152)
§ 154.10.026 MINIMUM FRONTAGE.
Single-family housing and other permitted uses, 150 feet.
HISTORY: (Newly proposed; Formerly § 154.153)
§ 154.10.027 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard.
(1) Residential and Other Permitted Uses: 50 feet.
(2) Residential uses in which the average existing front yard setback on two or more lots located within 100 feet and in the same block as the lot in question is either less or greater than the minimum front yard requirements specified in § 154.10.027(A)(1), the front yard requirement shall be modified as follows:
(a) The modified front yard shall not be less than the average setback of the existing front yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
(b) In no case shall any front yard be modified to require less than ten feet.
(3) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.027(A)(1) or (2).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.027(A)(1) or (2) shall apply to each yard with street frontage.
(B) Minimum for Each Side Yard. Residential and other permitted uses, 25 feet.
(C) Minimum Rear Yard. Residential and other permitted uses, 50 feet.
HISTORY: (Newly proposed; Formerly § 154.155)
§ 154.10.028 MAXIMUM HEIGHT REQUIREMENTS.
(A) Maximum Height: 35 feet or 2-1/2 stories.
HISTORY: (Newly proposed; Formerly § 154.154; Ord. 2306, passed 2-23-82)
§ 154.10.029 REQUIRED MINIMUM DWELLING SIZE.
The minimum dwelling size shall be governed by the West Carrollton Property Maintenance Code (Chapter 158), which seeks to prevent overcrowding through minimum space requirements based on occupancy limitations.
HISTORY: (Newly proposed; Formerly § 154.06)
§ 154.10.030 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.156; Ord. 2306, passed 2-23-82)
§ 154.10.031 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.157; Ord. 2306, passed 2-23-82)
§ 154.10.032 OTHER REGULATIONS.
§ 154.10.041 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT.
The purpose of the R-1 Residential District is to designate and reserve certain land areas for single-family detached dwellings at low densities.
HISTORY: (Formerly § 154.139; Ord. 2306, passed 2-23-82)
§ 154.10.042 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Day care facility – Type B family day care home.
(D) Dwelling – Single-family, detached.
(E) Group home – Adult family home.
(F) Group home – Community alternative home.
(G) Group home – Foster care facility/Certified family foster home.
(H) Group home – MR/DD family care facility.
(I) Home occupations subject to the conditions of § 154.16.03.
(J) Parking, On-site.
(K) Parkland – Community parkland and public open space.
(L) Subdivision, Conventional residential.
HISTORY: (Newly proposed; Formerly § 154.140)
§ 154.10.043 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Cemeteries.
(B) Churches and other similar places of religious worship.
(C) Lodging – Bed and breakfast establishment.
(D) Public utility substation and transmission facilities.
(E) Recreation – Golf course.
(F) Recreation – Private, noncommercial areas and facilities.
(G) School – Private school/Primary school/Intermediate school/Secondary school.
(H) Subdivision, Cluster residential.
(I) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.141)
§ 154.10.044 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.141.1; Ord. 2909, passed 10-5-93)
§ 154.10.045 MINIMUM ZONING LOT SIZE.
(A) Single-family Dwellings: 10,000 square feet where public water and sanitary sewers are available and 20,000 square feet where they are not available.
(B) Schools: 12 acres.
(C) Other Permitted Uses: one (1) acre.
HISTORY: (Formerly § 154.142; Ord. 2306, passed 2-23-82)
§ 154.10.046 MINIMUM FRONTAGE.
(A) Single-family Dwellings: 80 feet where public water and sanitary sewers are available and 100 feet where they are not available.
(B) Schools: 150 feet.
(C) Other Permitted Uses: 150 feet.
HISTORY: (Formerly § 154.143; Ord. 2306, passed 2-23-82)
§ 154.10.047 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard.
(1) Residential Uses: 35 feet.
(2) Residential uses in which the average existing front yard setback on two or more lots located within 100 feet and in the same block as the lot in question is either less or greater than the minimum front yard requirements specified in § 154.10.047(A)(1), the front yard requirement shall be modified as follows:
1. The modified front yard shall not be less than the average setback of the existing front yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
2. In no case shall any front yard be modified to require less than ten feet.
(3) Schools: 150 feet.
(4) Other Permitted Uses: 40 feet.
(5) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.047(A)(1) to (4).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.047(A)(1) to (4) shall apply to each yard with street frontage.
(B) Minimum for Each Side Yard.
(1) Residential Uses: 8 feet.
(2) Schools: 75 feet.
(3) Other Permitted Uses: 20 feet.
(C) Minimum Rear yard.
(1) Residential Uses: 40 feet. Any one-story section of a single-family residence may project not more than ten feet into the required rear yard.
(2) Schools: 200 feet.
(3) Other Permitted Uses: 50 feet. HISTORY: (Newly proposed; Formerly § 154.145 (A) to (D))
§ 154.10.048 MAXIMUM HEIGHT REQUIREMENTS.
Maximum Height: 35 feet or 2-1/2 stories.
HISTORY: (Newly proposed; Formerly § 154.144; Ord. 2306, passed 2-23-82)
§ 154.10.049 REQUIRED MINIMUM DWELLING SIZE.
The minimum dwelling size shall be governed by the West Carrollton Property Maintenance Code (Chapter 158), which seeks to prevent overcrowding through minimum space requirements based on occupancy limitations.
HISTORY: (Newly proposed; Formerly § 154.06)
§ 154.10.050 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.146; Ord. 2306, passed 2-23-82)
§ 154.10.051 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.147; Ord. 2306, passed 2-23-82)
§ 154.10.052 OTHER REGULATIONS.
§ 154.10.061 R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT.
The purpose of the R-2 Residential District is to designate and reserve certain land areas for single-family detached dwellings at low-medium densities.
HISTORY: (Formerly § 154.129; Ord. 2306, passed 2-23-82)
§ 154.10.062 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Day care facility – Type B family day care home.
(D) Dwelling – Single-family, detached.
(E) Group home – Adult family home.
(F) Group home – Community alternative home.
(G) Group home – Foster care facility/Certified family foster home.
(H) Group home – MR/DD family care facility.
(I) Home occupations subject to the conditions of § 154.16.03.
(J) Parking, On-site.
(K) Parkland – Community parkland and public open space.
(L) Subdivision, Conventional residential.
HISTORY: (Newly proposed; Formerly § 154.130)
§ 154.10.063 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Cemeteries.
(B) Churches and other similar places of religious worship.
(C) Dwelling – Single-family, zero-lot line.
(D) Lodging – Bed and breakfast establishment.
(E) Public utility substation and transmission facilities.
(F) Recreation – Golf course.
(G) Recreation – Private, noncommercial areas and facilities.
(H) School – Nursery school.
(I) School – Private school/Primary school/Intermediate school/Secondary school.
(J) Subdivision, Cluster residential.
(K) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.131)
§ 154.10.064 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.131.1; Ord. 2909, passed 10-5-93)
§ 154.10.065 MINIMUM ZONING LOT SIZE.
(A) Single-family Dwellings: 7,500 square feet where public water and sanitary sewers are available and 20,000 square feet where they are not available.
(B) Other Permitted Uses: one acre.
HISTORY: (Formerly § 154.132; Ord. 2306, passed 2-23-82)
§ 154.10.066 MINIMUM FRONTAGE.
(A) Single-family Dwellings: 60 feet.
(B) Other Permitted Uses: 150 feet.
HISTORY: (Formerly § 154.133; Ord. 2306, passed 2-23-82)
§ 154.10.067 MINIMUM YARD REQUIREMENTS.
(A) Minimum front yard.
(1) Residential Uses: 25 feet.
(2) Residential Uses Fronting on a Major Street: 35 feet.
(3) Residential uses in which the average existing front yard setback on two or more lots located within 100 feet and in the same block as the lot in question is either less or greater than the minimum front yard requirements specified in § 154.10.067(A)(1) or (2), the front yard requirement shall be modified as follows:
(a) The modified front yard shall not be less than the average setback of the existing front yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
(b) In no case shall any front yard be modified to require less than ten feet.
(4) Other Permitted Uses: 40 feet.
(5) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.067(A)(1) to (4).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.067(A)(1) to (4) shall apply to each yard with street frontage.
(B) Minimum for each side yard.
(1) Residential Uses: 8 feet.
(2) Residential uses in which the average existing side yard setback on two or more lots located within 100 feet and in the same block as the lot in question is less than 8 feet, then the side yard setback requirement shall be modified as follows:
(a) The modified side yard shall not be less than the average setback of the existing side yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
(b) In no case shall any side yard be modified to require less than four (4) feet.
(3) Other Permitted Uses: 20 feet.
(C) Minimum rear yard.
(1) Residential Uses, 40 feet. Any one-story section of a single-family residence may project not more than ten feet into the required rear yard.
(2) Other Permitted Uses: 50 feet.
HISTORY: (Newly proposed; Formerly § 154.135 (A) to (D))
§ 154.10.068 MAXIMUM AND MINIMUM HEIGHT REQUIREMENTS.
Maximum Height: 35 feet or 2-1/2 stories.
HISTORY: (Newly proposed; Formerly § 154.134; Ord. 2306, passed 2-23-82)
§ 154.10.069 REQUIRED MINIMUM DWELLING SIZE.
The minimum dwelling size shall be governed by the West Carrollton Property Maintenance Code (Chapter 158), which seeks to prevent overcrowding through minimum space requirements based on occupancy limitations.
HISTORY: (Newly proposed; Formerly § 154.06)
§ 154.10.070 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.136; Ord. 2306, passed 2-23-82)
§ 154.10.071 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.137; Ord. 2306, passed 2-23-82)
§ 154.10.072 OTHER REGULATIONS.
§ 154.10.081 R-4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
The purpose of the R-4 Multiple-Family Residential District is to designate and reserve certain land areas for medium-high density residential development, where both public water and sanitary sewer service are available, consisting primarily of multiple-family residential units.
HISTORY: (Formerly § 154.109; Ord. 2306, passed 2-23-82)
§ 154.10.082 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Day care facility – Type B family day care home.
(D) Dwelling – Multiple-family.
(E) Dwelling – Row.
(F) Dwelling – Single-family, detached.
(G) Dwelling – Two-family.
(H) Group home – Adult family home.
(I) Group home – Community alternative home.
(J) Group home – Foster care facility/Certified family foster home.
(K) Group home – MR/DD family care facility.
(L) Home occupations subject to the conditions of § 154.16.03.
(M) Parking, On-site.
(N) Parkland – Community parkland and public open space.
(O) Subdivision, Conventional residential.
HISTORY: (Newly proposed; Formerly § 154.110)
§ 154.10.083 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Cemeteries.
(B) Churches and other similar places of religious worship.
(C) Day care facility – Child day care center.
(D) Day care facility – Type A family day care home.
(E) Dwelling – Single-family, zero-lot line.
(F) Group home – Adult group home.
(G) Group home – Congregate housing.
(H) Group home – Home for the aging.
(I) Group home – Life care facility.
(J) Group home – MR/DD group care facility.
(K) Group home – Nursing home.
(L) Group home – Nursing homes for convalescent patients.
(M) Group home – Rest home.
(N) Lodging – Bed and breakfast establishment.
(O) Public utility substation and transmission facilities.
(P) Recreation – Golf course.
(Q) Recreation – Private, noncommercial areas and facilities.
(R) School – Nursery school.
(S) School – Private school/Primary school/Intermediate school/Secondary school.
(T) Subdivision, Cluster residential.
(U) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.111)
§ 154.10.084 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.111.1; Ord. 2909, passed 10-5-93)
§ 154.10.085 MINIMUM ZONING LOT SIZE.
No lot in the R-4 District shall have a size less than the following:
(A) Single-family Dwellings: 7,500 square feet where public water and sanitary sewers are available and 20,000 square feet where sanitary sewers are not available.
(B) Two-family Dwellings: 6,000 square feet per dwelling unit where public water and sanitary sewers are available. No two-family dwellings shall be permitted where public water and sanitary sewers are not available.
(C) Multiple-family dwellings: 4,000 square feet per dwelling unit where public water and sanitary sewers are available. No multiple-family dwellings shall be permitted where public water and sanitary sewers are not available.
(D) Other Permitted Uses: one acre.
HISTORY: (Formerly § 154.112; Ord. 2306, passed 2-23-82)
§ 154.10.086 MINIMUM FRONTAGE.
(A) Single-family Dwellings: 60 feet.
(B) Two-family Dwellings: 85 feet.
(C) Multiple-family Housing: 90 feet.
(D) Other Permitted Uses: 150 feet.
HISTORY: (Formerly § 154.113; Ord. 2306, passed 2-23-82)
§ 154.10.087 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard.
(1) Residential uses: 25 feet.
(2) Residential Uses Fronting on a Major Street: 35 feet.
(3) Residential uses in which the average existing front yard setback on two or more lots located within 100 feet and in the same block as the lot in question is either less or greater than the minimum front yard requirements specified in § 154.10.087(A)(1) or (2), the front yard requirement shall be modified as follows:
1. The modified front yard shall not be less than the average setback of the existing front yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
2. In no case shall any front yard be modified to require less than ten feet.
(4) Other permitted uses, 40 feet.
(5) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.087(A)(1) to (4).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.087(A)(1) to (4) shall apply to each yard with street frontage.
(B) Minimum for Each Side Yard.
(1) Residential Uses: 8 feet or ½ the height of the structure, whichever is greater.
(2) Other Permitted Uses: 20 feet.
(C) Minimum Rear Yard.
(1) Residential Uses: 40 feet. Any one- story section of a single-family residence may project not more than ten feet into the required rear yard.
(2) Other permitted uses: 50 feet.
HISTORY: (Newly proposed; Formerly § 154.115)
§ 154.10.088 MAXIMUM AND MINIMUM HEIGHT REQUIREMENTS.
(A) Maximum Height: 45 feet or 4 stories.
(B) Minimum Height: one (1) story, unless a home is to be constructed on a vacant lot and there are dwellings on either side with 2 or more stories, then construction on the infill lot shall be a minimum of two (2) stories.
HISTORY: (Formerly § 154.114; Ord. 2306, passed 2-23-82)
§ 154.10.089 REQUIRED MINIMUM DWELLING SIZE.
The minimum dwelling size shall be governed by the West Carrollton Property Maintenance Code (Chapter 158), which seeks to prevent overcrowding through minimum space requirements based on occupancy limitations.
HISTORY: (Newly proposed; Formerly § 154.06)
§ 154.10.090 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.116; Ord. 2306, passed 2-23-82)
§ 154.10.091 SIGNS.
Refer to Sign Ordinance - Chapter 153 of the Code of Ordinances.
HISTORY: (Formerly § 154.117; Ord. 2306, passed 2-23-82)
§ 154.10.092 OTHER REGULATIONS.
§ 154.10.093 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.101 R-5 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
The purpose of the R-5 Multiple-Family Residential District is to designate and reserve certain land areas for medium-high density residential development.
HISTORY: (Formerly § 154.99; Ord. 2306, passed 2-23-82; Am. Ord. 2491, passed 2-26-85)
§ 154.10.102 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Day care facility – Type B family day care home.
(D) Dwelling – Multiple-family.
(E) Dwelling – Row.
(F) Dwelling – Single-family, detached.
(G) Dwelling – Two-family.
(H) Group home – Adult family home.
(I) Group home – Community alternative home.
(J) Group home – Foster care facility/Certified family foster home.
(K) Group home – MR/DD family care facility.
(L) Home occupations subject to the conditions of § 154.16.03.
(M) Parking, On-site.
(N) Parkland – Community parkland and public open space.
(P) Subdivision, Conventional residential.
HISTORY: (Newly proposed; Formerly § 154.100)
§ 154.10.103 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Churches and other similar places of religious worship.
(B) Day care facility – Child day care center.
(C) Day care facility – Type A family day care home.
(D) Dwelling – Single-family, zero-lot line.
(E) Dwelling – Two-family.
(F) Group home – Adult group home.
(G) Group home – Congregate housing.
(H) Group home – Home for the aging.
(I) Group home – Life care facility.
(J) Group home – MR/DD group care facility.
(K) Group home – Nursing home.
(L) Group home – Nursing homes for convalescent patients.
(M) Group home – Rest home.
(N) Lodging – Bed and breakfast establishment.
(O) Public utility substation and transmission facilities.
(P) Recreation – Golf course.
(Q) Recreation – Private, noncommercial areas and facilities.
(R) School – Nursery school.
(S) School – Private school/Primary school/Intermediate school/Secondary school.
(T) Subdivision, Cluster residential.
(U) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.101)
§ 154.10.104 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.101.1; Ord. 2909, passed 10-5-93)
§ 154.10.105 MINIMUM ZONING LOT SIZE.
(A) Single-family Dwellings: 7,500 square feet where public water and sanitary sewers are available and 20,000 square feet where sanitary sewers are not available.
(B) Two-family Dwellings: 5,000 square feet per dwelling unit where public water and sanitary sewers are available. No multiple-family dwellings shall be permitted where public water and sanitary sewers are not available.
(C) Multiple-family Dwellings: 3,000 square feet per dwelling unit where public water and sanitary sewers are available. No multiple-family dwellings shall be permitted where public water and sanitary sewers are not available.
(D) Other Permitted Uses: one acre.
HISTORY: (Formerly § 154.102; Ord. 2306, passed 2-23-82)
§ 154.10.106 MINIMUM FRONTAGE.
(A) Single-family Dwellings: 60 feet.
(B) Two-family Dwellings: 80 feet.
(C) Multiple-family Housing: 80 feet.
(D) Other Principal Permitted Uses: 100 feet.
HISTORY: (Formerly § 154.103; Ord. 2306, passed 2-23-82)
§ 154.10.107 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front yard.
(1) Residential Uses: 25 feet.
(2) Residential Uses Fronting on a Major Street: 35 feet.
(3) Residential uses in which the average existing front yard setback on two or more lots located within 100 feet and in the same block as the lot in question is either less or greater than the minimum front yard requirements specified in § 154.10.107(A)(1) or (2), the front yard requirement shall be modified as follows:
1. The modified front yard shall not be less than the average setback of the existing front yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
2. In no case shall any front yard be modified to require less than ten feet.
(4) Other Permitted Uses: 40 feet.
(3) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.107(A)(1) to (4).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.1077(A)(1) to (4) shall apply to each yard with street frontage.
(B) Minimum for Each Side Yard.
(1) Residential Uses: 8 feet, or ½ height of the building, whichever is greater.
(2) Other Permitted Uses: 20 feet.
(C) Minimum Rear Yard.
(1) Residential Uses: 35 feet.
(2) Other permitted uses: 50 feet.
HISTORY: (Newly proposed; Formerly § 154.105; Ord. 2306, passed 2-23-82)
§ 154.10.108 MAXIMUM AND MINIMUM HEIGHT REQUIREMENTS.
(A) Maximum Height: 45 feet or 4 stories.
(B) Minimum Height: one (1) story, unless a home is to be constructed on a vacant lot and there are dwellings on either side with 2 or more stories, then construction on the infill lot shall be a minimum of two (2) stories.
HISTORY: (Newly proposed; Formerly § 154.114; Ord. 2306, passed 2-23-82)
§ 154.10.109 REQUIRED MINIMUM DWELLING SIZE.
The minimum dwelling size shall be governed by the West Carrollton Property Maintenance Code (Chapter 158), which seeks to prevent overcrowding through minimum space requirements based on occupancy limitations.
HISTORY: (Newly proposed; Formerly § 154.06)
§ 154.10.110 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.106; Ord. 2306, passed 2-23-82)
§ 154.10.111 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.107; Ord. 2306, passed 2-23-82)
§ 154.10.112 OTHER REGULATIONS.
§ 154.10.113 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.121 R-PUD PLANNED DEVELOPMENT DISTRICT.
The purpose of the R-PUD District is to provide a permissive voluntary alternative zoning procedure for residential development and housing. Under this procedure, a tract of land under unified ownership may be planned and developed as a unit in accordance with an approved preliminary PUD plan and subsequent detailed final PUD plans. A mixture of housing types, densities and architectural design is encouraged.
HISTORY: (Formerly § 154.88; Ord. 2306, passed 2-23-82)
§ 154.10.122 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Churches and other similar places of religious worship.
(D) Day care facility – Type B family day care home.
(E) Dwelling – Multiple-family.
(F) Dwelling – Row.
(G) Dwelling – Single-family, detached.
(H) Dwelling – Single-family, zero-lot line.
(I) Dwelling – Two-family.
(J) Group home – Adult family home.
(K) Group home – Adult group home.
(L) Group home – Community alternative home.
(M) Group home – Congregate housing.
(N) Group home – Foster care facility/Certified family foster home.
(O) Group home – MR/DD family care facility.
(P) Group home – MR/DD group care facility.
(Q) Home occupations subject to the conditions of § 154.16.03.
(R) Lodging – Bed and breakfast establishment.
(S) Parking, On-site.
(T) Parkland – Community parkland and public open space.
(U) Recreation – Golf course.
(V) Recreation – Private, noncommercial areas and facilities.
(W) School – Nursery school.
(X) School – Private school/Primary school/Intermediate school/Secondary school.
(Y) Subdivision, Cluster residential.
(Z) Subdivision, Conventional residential.
HISTORY: (Newly proposed; Formerly § 154.89)
§ 154.10.123 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Group home – Home for the aging.
(B) Group home – Life care facility.
(C) Group home – Nursing home.
(D) Group home – Nursing homes for convalescent patients.
(E) Group home – Rest home.
(F) Public utility substation and transmission facilities.
(G) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.90)
§ 154.10.124 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.90.1; Ord. 2909, passed 10-5-93)
§ 154.10.125 MINIMUM LAND AREA, MAXIMUM DENSITY.
(A) Minimum Land Area. A minimum land area of five (5) acres shall be required for a Planned Unit Development, the area being served by both public water and sanitary sewer.
(B) Maximum Density. The maximum density for the following types of R-PUD's shall not exceed:
(1) Single-family: 4.5 dwelling units per acre.
(2) Single-family, Two-family: six (6) dwelling units per acre.
(3) Two-family: seven (7) dwelling units per acre.
(4) Single-family, Two-family, and Multiple-family: ten dwelling units per acre, (where the total number of multiple-family dwellings is not less than 30% of the total units).
(5) Multiple-family: 14 dwelling units per acre.
HISTORY: (Formerly § 154.91; Ord. 2306, passed 2-23-82)
§ 154.10.126 MINIMUM FRONTAGE AND LOT SIZE.
Minimum frontage and lot size may be varied as established by the owner/developer subject to the approval of the preliminary and detailed final PUD plans in accordance with the provisions and conditions for approval as specified in § 154.10.133.
HISTORY: (Formerly § 154.92; Ord. 2306, passed 2-23-82)
§ 154.10.127 MINIMUM YARD REQUIREMENTS.
Front, side, and rear yard requirements are to be established by the owner/developer, subject to the approval of the preliminary and final PUD plans, in accordance with the provisions and conditions for approval as specified in § 154.10.133.
HISTORY: (Formerly § 154.94; Ord. 2306, passed 2-23-82)
§ 154.10.128 MAXIMUM HEIGHT.
Maximum height in this district is 35 feet or 2-1/2 stories for single-family and two-family dwellings and 45 feet or four stories for multiple-family dwellings.
HISTORY: (Formerly § 154.93; Ord. 2306, passed 2-23-82)
§ 154.10.129 REQUIRED MINIMUM DWELLING SIZE.
The minimum dwelling size shall be governed by the West Carrollton Property Maintenance Code (Chapter 158), which seeks to prevent overcrowding through minimum space requirements based on occupancy limitations.
HISTORY: (Formerly § 154.06; newly proposed on 7/19/01)
§ 154.10.130 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.95; Ord. 2306, passed 2-23-82)
§ 154.10.131 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.96; Ord. 2306, passed 2-23-82)
§ 154.10.132 OTHER REGULATIONS.
§ 154.10.133 PROCEDURES AND PROVISIONS FOR APPROVAL OF R-PUD PLANNED UNIT DEVELOPMENTS.
(A) Design Standards. Unless otherwise specified herein, the design standards for lot area, coverage, density, yard requirements, the R-PUD District shall be governed by the standards of the zoning district most similar in nature and function to the proposed R-PUD District use, as determined by the Planning Commission. Exceptions to these standards may be granted by the Planning Commission when this body finds that the exceptions encourage a desirable living environment and are shown to be necessary to provide the required amount of common open space. Standards for public improvements shall be governed by all applicable ordinances and laws of the city.
(B) Minimum Yard Requirements. Subsequent to receiving the approval for an R-PUD Planned Unit Development District from the City Council, the owner or developer shall establish all lot sizes and front, side, and rear yard setbacks in the detailed final PUD plan for the proposed Planned Unit Development. These setbacks may vary from the regulations of the city, relating to the platting and subdividing of land pursuant to ORC §§ 771.01 through 735.26 subject to the review and approval of the Planning Commission.
(C) Required Common Open Space. There shall be reserved, within the tract to be developed on a planned unit basis, a minimum land area of 20% of the entire tract for use as common open space. This common open space shall not consist of isolated or fragmented pieces of land which would serve limited purposes. Included in this common open space may be such uses as pedestrian walkways, parkland, open areas, drainageways, swimming pools, clubhouses, tennis courts, and other lands of essentially open character, exclusive of off-street parking areas. Ownership of this common open space either shall be transferred to a legally established home-owner's association or be dedicated to the city, and proper legal documents necessary for the transfer or dedication shall be prepared by the owner or developer of the tract of land, and approved by the City Council. At the option of the city, this common open space may become a part of the park and open space system of the city.
(D) Required Contents of the Preliminary PUD Plan. The owner or developer is encouraged to engage in informal consultation with the Zoning Inspector and Planning Commission prior to preparing his preliminary PUD plan, it being understood that no statement or representation by the Zoning Inspector or Planning Commission shall be binding on the City Council. The owner or developer of the tract of land to be developed on a planned unit basis shall prepare a preliminary PUD plan and shall submit eight copies of the preliminary PUD plan along with application for a change of zoning district to the Planning Commission for its consideration. The preliminary PUD plan shall include the following items:
(1) Boundaries of the tract to be developed on a planned unit basis.
(2) Base mapping of the property showing the physical features; general topography, drainageways, water bodies, and tree cover; and existing land uses.
(3) Highways and streets in the vicinity of the tract, and the ingress and egress to the tract.
(4) Location of different general land use areas proposed to be developed.
(5) Proposed density levels of each residential use.
(6) Proposed treatment of existing topography, drainageways, and tree cover.
(7) Proposed general location of major vehicular circulation, showing how this circulation pattern relates to the official thoroughfare plan of the city.
(8) Location of schools, parks, and other community facility sites, if any.
(9) Time schedule of projected development, if the total landholding is to be developed in stages, or if construction is to extend beyond a two-year time period.
(E) Conditions for the Approval of the Preliminary PUD Plans. Upon receipt of the report of the Planning Commission, the City Council shall study and review the proposed R-PUD application and preliminary PUD plan on the basis of:
(1) All requirements have been satisfied, and
(2) A finding that the following specific conditions are fully met:
(a) The R-PUD District is in conformance with the comprehensive plan for the city.
(b) Each individual stage of development shall not exceed the maximum density allowed for the planned unit development landholding as a whole.
(c) The use proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts.
(d) The areas proposed shall be used only for residential purposes and the usual accessory uses such as garages, storage space, parks, recreation sites, open spaces, and community purposes including churches and schools.
(e) The internal streets and major and minor streets that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated in the official thoroughfare plan of the city.
(f) The minimum common open space area has been designated and shall be duly transferred to a legally established homeowner's association, or has been dedicated to, and accepted by the city as herein provided.
(g) The preliminary PUD plan is consistent with the intent and purpose of this zoning code, to promote public health, safety, and general welfare of the residents of the city.
(F) City Council Action. Approval of the preliminary PUD plan shall require a favorable vote of the majority of the membership of the City Council. Approval of the preliminary PUD plan shall be limited to the general acceptability of the land uses proposed, proposed general density levels and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in the subsequent preparation of the detailed final PUD plan. Approval of the preliminary PUD plan shall constitute the creation of the separate R-PUD Planned Unit Development Zoning District. In taking action, City Council may deny the preliminary PUD plan or may recommend approval of the plan subject to specified modifications.
(G) At the time of adopting any ordinance establishing an R-PUD District, the City Council shall make appropriate arrangements with the owner or developer which will ensure the accomplishment of the public improvements and reservation of common open space as shown on the approved preliminary PUD plan.
(H) Time Limits and Extensions.
(1) The approval of the preliminary PUD plan shall become null and void and the land shall revert to its former zoning classification, unless the final PUD plan for the first section of the planned unit landholding has been formally approved by the Planning Commission within two years of the date of approval, in accordance with the conditions for approval specified in divisions (I) through (K) of this section, and unless the final subdivision plan, where applicable, shall have been recorded in the office of the County Recorder.
(2) An extension of time limit or the minor modification of the preliminary PUD plan may be approved by the City Council. The approval shall be given on a finding of the purpose and necessity for the extension or minor modifications; the evidence of reasonable effort toward the accomplishment of the preliminary PUD plan; and the recommendation of the Planning Commission.
(I) Required Contents of the Detailed Final PUD Plan. Once the R-PUD Zoning District and the preliminary PUD plan have been approved by the City Council, the owner or developer shall proceed with the preparation of the detailed final PUD plan. The detailed final PUD plan must be reviewed and approved by the Planning Commission prior to the issuance of any zoning certificate by the Zoning Enforcement Officer. The detailed final PUD plan shall be prepared for the owner or developer, and shall bear the original signature or original seal of a professional competent urban planner, professional engineer, architect, or landscape architect, and shall be in accordance with the approved preliminary PUD plan, and shall include the following:
(1) Survey of the tract to be developed showing existing physical features; general topography, drainageways, tree cover and streets, easements, and utility lines.
(2) Detailed site plans showing lot lines, building outlines, off-street parking spaces, pedestrian walkways, vehicular circulation.
(3) Preliminary building plans, including floor plans and exterior elevations.
(4) Landscaping plans including quantity, size, and varieties of landscaping.
(5) Specific detailed engineering plans, including site grading, street improvements, drainage and utility improvements, and extensions as necessary.
(6) All necessary legal documentation relating to the incorporation of a homeowner's association for the purpose of maintaining the required common open space included within the Planned Unit Development.
(7) Copies of any restrictive covenants that are to be recorded.
(J) Major Changes. Should the formulation of the detailed final PUD plan for any section of the total Planned Unit Development landholding necessitate a major change in the approved preliminary PUD plan, reconsideration and approval by the City Council shall be required in accordance with the procedures specified in § 154.10.133. Major changes shall include, but not be limited to:
(1) An increase in density.
(2) Changes in the outside boundaries of the Planned Unit Development landholding.
(3) Major changes in the location or amount of land designated for specific land uses, including open space.
(4) Major changes in the internal street and thoroughfare locations or alignments.
(K) Conditions for the Approval of the Detailed Final PUD Plan. On receipt of the detailed final PUD plan for each section of the Planned Unit Development landholding, the Planning Commission shall study and review the detailed final PUD plan and shall approve, modify, or disapprove the plan on the basis:
(1) That all requirements have been satisfied, and
(2) That a finding that the following specific conditions are fully met:
(a) The proposed detailed final PUD plan for the individual section of the overall R-PUD District are in conformance with the approved preliminary PUD plan, and the comprehensive plan map and text of the city.
(b) Each individual stage of the Planned Unit Development can exist as an independent planned unit which is capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that the objective can be obtained.
(c) Any part of the Planned Unit Development not used for structures, parking, and loading areas, or streets, shall be landscaped or otherwise improved, or if approved by the Planning Commission, left in its natural state.
(d) Any exception from the standard requirements of this zoning code are warranted by the design and amenities incorporated in the detailed final PUD plan, in accordance with the adopted policy of the Planning Commission and the City Council.
(e) The internal streets and thoroughfares proposed are suitable and adequate to accommodate the anticipated traffic within and through the development.
(f) The detailed final PUD plan is consistent with the intent and purpose of this zoning code to promote public health, safety, and general welfare of the residents of the city.
(3) The approval of the detailed final PUD plan for any section of the total Planned Unit Development landholding shall expire if the zoning certificate or building permits required to implement the plan are not obtained within two years of the date of approval. The Planning Commission may extend the time limit of approval for a detailed final PUD plan if it finds the detailed final PUD plan still meets the original conditions for approval and there has been evidence that reasonable efforts have been made to accomplish the plan. The Planning Commission shall not consider or grant any extension when a zoning map change or text amendment has been enacted subsequent to the approval of the original of the final PUD plan which would effect the property subject to the plan.
(L) Subdivision of a Completed Planned Unit Development. All future subdivisions of a completed Planned Unit Development shall be first reviewed and approved by the Planning Commission to assure that each subdivided area of the development includes the parking, open space, density, and other similar necessary requirements.
HISTORY: (Formerly § 154.98; Ord. 2306, passed 2-23-82; Am. Ord. 2833, passed 12-30-91; Am. Ord. 3079, passed 1-27-98)
(M) Guarantee for Installation of Public Improvements.
(1) All site improvements shall conform to the approved site plan and construction plans.
(2) To provide assurance to the City that public improvements will be completed once construction has begun, the developer shall furnish a bond executed by a surety company, letter of credit, or certified check equal to the cost of construction of such public improvements as shown on the approved plans, and based on an estimate approved by the City Manager as advised by the Service Director and in a form approved by the Law Director. Such surety shall be provided prior to issuance of a building permit for the project. Letters of credit shall not permit draws by the developer without the express approval of the City.
(a) For the purposes of this section, construction shall be defined as any man-made change to improved or unimproved real estate related to one or more of the following public improvements: earth-disturbing activities including clearing, excavating, filling, and grading of property; driveway approaches; sidewalks; street surfacing; curbs, gutters, and public sanitary sewers; public water supply; stormwater detention facilities; stormwater best management practices for runoff quality; and street signs.
(3) The performance bond, letter of credit, or certified check shall run to the City and shall provide that the developer, his heirs, successors and assigns, their agent or servants, upon commencement of construction, will comply with all applicable terms, conditions, provisions and requirements of these regulations; will faithfully perform and complete the work of constructing and installing all public improvements in accordance with such laws and regulations; will complete all public improvements prior to issuance of a final occupancy permit for the project; and will complete all public improvements within one (1) year from the date of final approval of the building permit, but the bond or letter of credit will run indefinitely until released by the City. In no case shall the work be completed after one (1) year from the date of final approval of the building permit, unless an extension is granted by the City as specified below.
(4) Upon commencement of construction, if the installation of any public improvement, for which guarantee has been made by the developer in the form of bond, letter of credit, or certified check, is not completed within one (1) year from the date of final approval of the building permit, the developer may request the City to grant an extension of six (6) months, provided (s)he can show reasonable cause for inability to complete said public improvement(s) within the required one (1) year. A maximum of two six-month extensions may be granted. At the expiration of the extension(s), the City will use as much of the bond, letter of credit, or certified check as necessary to complete the construction of the public improvements.
(5) All public improvements located within the public right-of-way shall be completed within 14 days of initial excavation, unless an extension is granted for reasonable cause by the City Manager as advised by the Service Director and Director of City Planning.
(6) As required public improvements are completed, approved, and accepted, the City Manager, as advised by the Service Director and Director of City Planning, may reduce the amount of the performance bond, letter of credit, or certified check.
(7) Periodic inspections during the installation of public improvements shall be made by the City to ensure conformity with the approved plans and specifications as required by these regulations.
(8) The developer shall schedule required inspections at least forty-eight (48) hours in advance with proper administrative officials.
(9) The absence of an inspector from a project during construction shall not relieve the developer from full responsibility under this agreement. Upon acceptable completion of installation of the required public improvements, the City Manager as advised by the Service Director and Director of City Planning shall issue a letter to the developer or his/her agent and such letter shall be sufficient evidence for the release by the City.
(10) When the Service Director and Director of City Planning, following final inspection of a project, certify to the City Manager that all public improvements have been constructed in accordance with City specifications, the City Manager may proceed to accept the facilities for which bond, letter of credit, or certified check has been posted.
(11) Whenever public improvements have not been constructed in accordance with the agreement and with specifications as established, the City Manager as advised by the Service Director and Director of City Planning may exercise his/her rights of foreclosure under the bond, letter of credit, or certified check.
(12) Should construction not commence prior to expiration of the building permit and any extensions granted in accordance with this section, the performance bond, letter of credit, or certified check shall be released in its entirety by the City. (Ord. 3477. Passed 4-12-11.)
§ 154.10.134 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.201 R-MHP MANUFACTURED-MOBILE HOME PARK DISTRICT.
The purpose of the R-MHP Manufactured-Mobile Home Park District is to provide appropriate locations for manufactured homes and mobile homes in a designated district within the city. Manufactured home parks shall be located only in the MHP-District and shall be developed according to the standards and regulations referenced herein. Manufactured homes and mobile homes not located within an approved Manufactured-Mobile Home Park District shall not be permitted unless the dwelling is a permanently-sited manufactured home as defined herein.
HISTORY: (Newly proposed)
§ 154.10.202 PRINCIPAL PERMITTED USES.
Permitted uses shall be limited to manufactured homes, mobile homes and other uses characteristic of a residential area.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Dwelling – Manufactured home-mobile home.
(D) Parking, On-site.
(E) Parkland – Community parkland and public open space.
HISTORY: (Newly proposed; Formerly § 154.78)
§ 154.10.203 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Public utility substation and transmission facilities.
(B) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.79)
§ 154.10.204 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Newly proposed)
§ 154.10.205 GENERAL STANDARDS FOR MANUFACTURED HOME PARKS.
All manufactured home parks shall comply with the requirements of the Ohio Administrative Code Chapter 3701 promulgated by the Ohio Public Health Council in accordance with Chapter 3733 of the Ohio Revised Code and any other applicable local or state codes and regulations.
The Planning Commission and City Council shall review the particular facts and circumstances of each proposed manufactured home park development in terms of the following standards and shall find adequate evidence that such development meets these standards before amending the City Zoning Map and establishing an MHP-District:
(A) The proposed park will be served adequately by essential public facilities and services such as highways, streets, drainage, refuse disposal, schools, police, and fire protection; or persons or agencies involved in the establishment of the proposed park will provide such services adequately.
(B) The vehicular approaches to the proposed park property will be so designed as not to create traffic interference or congestion on the surrounding public streets or roads.
(C) The establishment of the proposed park will not result in the damage, destruction, or loss of any natural, scenic, or historic features of major importance.
(D) The establishment of the proposed park will not be demonstrably detrimental to the value of the surrounding properties or the character of the adjacent neighborhood.
(E) The establishment of the proposed park will not be hazardous or detrimental to existing or future neighboring uses.
(F) The establishment of the proposed park will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(G) The establishment of the proposed park is in general conformance with the Zoning Ordinance and the Comprehensive Plan.
HISTORY: (Newly proposed)
§ 154.10.301 O-R OFFICE RESIDENTIAL DISTRICT.
The purpose of the O-R Office-Residential District is to designate and reserve certain land areas for office and medium density residential development to provide a district designed to accommodate such uses along major thoroughfares and in areas between commercial and lower density residential land uses, thereby minimizing strip commercial development while allowing for the orderly transition between the commercial and residential areas of the city.
HISTORY: (Formerly § 154.67; Ord. 2306, passed 2-23-82; Am. Ord. 3030, passed 10-22-96)
§ 154.10.302 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Churches and other similar places of religious worship.
(D) Day care facility – Child day care center.
(E) Day care facility – Type B family day care home.
(F) Dwelling – Row.
(G) Dwelling – Single-family, detached.
(H) Dwelling – Single-family, zero-lot line.
(I) Dwelling – Two-family.
(J) Group home – Adult family home.
(K) Group home – Foster care facility/Certified family foster home.
(L) Financial institution without drive-in.
(M) Funeral homes and mortuaries.
(N) Home occupations subject to the conditions of § 154.16.03.
(O) Office – Professional office/Business office.
(P) Parking, On-site.
(Q) Parkland – Community parkland and public open space.
(R) School – Nursery school.
(S) Studio – Instructional studio/Commercial studio.
(T) Subdivision, Conventional residential.
HISTORY: (Newly proposed; Formerly § 154.68)
§ 154.10.303 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Group home – Adult group home.
(B) Group home – Community alternative home.
(C) Group home – Congregate housing.
(D) Group home – Home for the aging.
(E) Group home – Life care facility.
(F) Group home – MR/DD family care facility.
(G) Group home – MR/DD group care facility.
(H) Group home – Nursing home.
(I) Group home – Nursing homes for convalescent patients.
(J) Group home – Rest home.
(K) Lodging – Bed and breakfast establishment.
(L) Parking, Commercial.
(M) Parking, Shared.
(N) Public utility substation and transmission facilities.
(O) Subdivision, Cluster residential.
(P) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.69))
§ 154.10.304 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Newly proposed)
§ 154.10.305 MINIMUM ZONING LOT SIZE.
(A) Single-family Dwelling: 7,500 square feet.
(B) Two-family Dwellings: 12,000 square feet (6,000 square feet per dwelling unit).
(C) Business and Professional Offices, Funeral Homes, Mortuaries, and Studios: 10,000 square feet.
(D) Churches and other similar places of worship: one acre.
(E) Other permitted uses: one acre.
HISTORY: (Formerly § 154.70; Ord. 2306, passed 2-23-82; Am. Ord. 3030, passed 10-22-96)
§ 154.10.306 MINIMUM FRONTAGE.
(A) Single-family Dwellings: 60 feet.
(B) Two-family Dwellings: 85 feet.
(C) Business and Professional Offices, Funeral Homes, Mortuaries, and Studios: 90 feet.
(D) Churches and other similar places of worship: 150 feet.
(E) Other permitted uses: 150 feet.
HISTORY: (Formerly § 154.71; Ord. 2306, passed 2-23-82; Am. Ord. 3030, passed 10-22-96)
§ 154.10.307 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard Requirement.
(1) Residential Single-family and Two-family Dwellings: 25 feet.
(2) Residential Uses Fronting on a Major Street: 35 feet.
(3) Residential uses in which the average existing front yard setback on two or more lots located within 100 feet and in the same block as the lot in question is either less or greater than the minimum front yard requirements specified in § 154.10.307(A)(1) or (2), the front yard requirement shall be modified as follows:
(a) The modified front yard shall not be less than the average setback of the existing front yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
(b) In no case shall any front yard be modified to require less than ten feet.
(4) Business and Professional Offices, Funeral Homes, Mortuaries, and Studios: 35 feet.
(5) Churches and other similar places of worship: 40 feet.
(6) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.307(A)(1) to (5).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.307(A)(1) to (5) shall apply to each yard with street frontage.
(B) Minimum for Each Side Yard.
(1) Residential Single-family and Two-family Dwellings: ten (10) feet.
(2) Business and Professional Offices, Funeral Homes, Mortuaries, and Studios: ten (10) feet, except when adjoining a R or O-R District, and then 20 feet.
(3) Churches and other similar places of worship: 20 feet.
(C) Minimum Rear Yard Requirement.
(1) Residential Single-family and Two-family Dwellings: 40 feet.
(2) Business and Professional Offices, Funeral Homes, Mortuaries, and Studios: 40 feet.
(3) Churches and other similar places of worship: 50 feet.
HISTORY: (Formerly § 154.73; Ord. 2306, passed 2-23-82; Am. Ord. 3030, passed 10-22-96)
§ 154.10.308 MAXIMUM AND MINIMUM HEIGHT REQUIREMENTS.
(A) Maximum Height: 35 feet or 2-1/2-stories.
(B) Minimum Height: one (1) story, unless a home is to be constructed on a vacant lot and there are dwellings within 50 feet on either side with 2 or more stories, then construction on the infill lot shall be a minimum of two (2) stories.
HISTORY: (Newly proposed; Formerly § 154.72; Ord. 2306, passed 2-23-82; Am. Ord. 3030, passed 10-22-96)
§ 154.10.309 REQUIRED MINIMUM DWELLING SIZE.
The minimum dwelling size shall be governed by the West Carrollton Property Maintenance Code (Chapter 158), which seeks to prevent overcrowding through minimum space requirements based on occupancy limitations.
HISTORY: (newly proposed on 7/19/01; Formerly § 154.06)
§ 154.10.310 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.74; Ord. 2306, passed 2-23-82; Am. Ord. 3030, passed 10-22-96)
§ 154.10.311 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.75; Ord. 2306, passed 2-23-82; Am. Ord. 3030, passed 10-22-96
§ 154.10.312 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.351 O- OFFICE DISTRICT.
The purpose of the O Office District is to designate and reserve certain land areas for office development to provide a district designed to accommodate such uses along major thoroughfares and in areas between commercial and residential land uses, thereby minimizing strip commercial development while allowing for the orderly transition between the commercial and residential areas of the city.
HISTORY: (Formerly § 154.57; Ord. 2306, passed 2-23-82)
§ 154.10.352 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Churches and other similar places of religious worship.
(D) Day care facility – Child day care center.
(E) Financial institution without drive-in.
(F) Funeral homes and mortuaries.
(G) Office – Professional office/Business office.
(H) Parking, On-site.
(I) Parkland – Community parkland and public open space.
(J) School – Business trades and technical schools
(K) School – Nursery school.
(L) School – Private school/Primary school/Intermediate school/Secondary school.
(M) Studio – Instructional studio/Commercial studio.
HISTORY: (Newly proposed; Formerly § 154.58; Ord. 2306, passed 2-23-82)
(N) Mobile food vendors as provided in Section 154.16.11. (Ord. 3475. Passed 4-12-11.)
§ 154.10.353 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Group home – Nursing home.
(B) Financial institution with drive-in.
(C) Fraternal lodges and private clubs.
(D) Hospitals/Urgent Care Centers.
(E) Parking, Commercial.
(F) Parking, Shared.
(G) Public utility substation and transmission facilities.
(H) Recreation – Golf course.
(I) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.59; Ord. 2306, passed 2-23-82; Am. Ord. 3063, passed 9-23-97)
§ 154.10.354 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures. HISTORY: (Formerly § 154.59.1; Ord. 2909, passed 10-5-93)
§ 154.10.355 MINIMUM ZONING LOT SIZE.
(A) Business and Professional Offices; Funeral Homes, Mortuaries, and Studios: 10,000 square feet.
(B) Churches and other similar places of worship: one acre.
HISTORY: (Formerly § 154.60; Ord. 2306, passed 2-23-82)
§ 154.10.356 MINIMUM FRONTAGE.
(A) Business and Professional Offices, Funeral Homes, Mortuaries, and Studios: 90 feet.
(B) Churches and other similar places of worship: 150 feet.
HISTORY: (Formerly ; Ord. 2306, passed 2-23-82)
§ 154.10.357 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard Requirements.
(1) Churches and other similar places of worship: 40 feet.
(2) All Other Uses: 35 feet, unless the height of the front wall of the building is greater than 35 feet, then the height of the front wall.
(3) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.357(A)(1) or (2).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.357(A)(1) or (2) shall apply to each yard with street frontage.
(B) Minimum Requirements for Each Side Yard.
(1) Churches and other similar places of worship: 20 feet.
(2) All Other Uses: 10 feet, unless the greater requirement of the following applies:
(a) The height of the wall of the building along the side yard is greater than 10 feet, then the height of the side wall.
(b) The side yard adjoins a R or O-R District, then 20 feet for the side yard(s) adjacent to the R or O-R District.
(D) Minimum Rear Yard.
(1) Churches and other similar places of worship: 50 feet.
(2) All Other Uses: 40 feet, unless the height of the rear wall of the building is greater than 40 feet, then the height of the rear wall.
HISTORY: (Newly proposed; Formerly § 154.63; Ord. 2306, passed 2-23-82)
§ 154.10.358 MAXIMUM HEIGHT.
Maximum height in this district is 45 feet or four stories.
HISTORY: (Formerly § 154.62)
§ 154.10.359 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.64; Ord. 2306, passed 2-23-82)
§ 154.10.360 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.65)
§ 154.10.361 OTHER REGULATIONS.
§ 154.10.362 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.401 B-1 CONVENIENCE COMMERCIAL DISTRICT.
The purpose of the B-1 Convenience Commercial District is to designate and reserve certain land areas for convenience, commercial, personal services, and certain types of business and professional uses located in convenient and close relationship to nearby areas of surrounding development.
HISTORY: (Formerly § 154.47; Ord. 2306, passed 2-23-82)
§ 154.10.402 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Day care facility, Adult.
(D) Day care facility – Child day care center.
(E) Dwelling – Above commercial structure
(F) Financial institution without drive-in.
(G) Home occupations subject to the conditions of § 154.16.03.
(H) Office – Professional office/Business office.
(I) Parking, On-site.
(J) Parkland – Community parkland and public open space.
(K) Recreation – Community center/senior center.
(L) Restaurant – Fast food restaurant without drive- in.
(M) Restaurant, Sit-down.
(N) Retail – Sales and services in structures less than or equal to 10,000 s.f. in gross floor area.
(O) Retail Tobacco Store.
(P) School – Business trade school/Technical school.
(Q) School – Nursery school.
(R) Smoking Establishment.
(S) Studio – Instructional studio/Commercial studio.
(T) Tavern.
HISTORY: (Newly proposed; Formerly § 154.48)
(U) Mobile food vendors as provided in Section 154.16.11. (Ord. 3475. Passed 4-12-11; Ord. 3567. Passed 8-25-15.)
§ 154.10.403 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Financial institution with drive-in.
(B) Fraternal lodges and private clubs.
(C) Parking, Commercial.
(D) Parking, Shared.
(E) Public utility substation and transmission facilities.
(F) Retail – Sales and services in structures greater than 10,000 s.f. in gross floor area.
(G) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly § 154.49)
§ 154.10.404 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.49.1; Ord. 2909, passed 10-5-93)
§ 154.10.405 MINIMUM ZONING LOT SIZE.
Minimum zoning lot size in this district is 10,000 square feet.
HISTORY: (Formerly § 154.50; Ord. 2306, passed 2-23-82)
§ 154.10.406 MINIMUM FRONTAGE.
Minimum frontage in this district is 90 feet.
HISTORY: (Formerly § 154.51; Ord. 2306, passed 2-23-82)
§ 154.10.407 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard Requirements.
(1) All Uses: 35 feet.
(2) Where the average existing front yard setback on two or more lots located within 100 feet and in the same block as the lot in question is either less or greater than the minimum front yard requirements specified in § 154.10.407(A)(1), the front yard requirement shall be modified as follows:
1. The modified front yard shall not be less than the average setback of the existing front yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
2. In no case shall any front yard be modified to require less than ten feet.
(3) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.407(A)(1) or (2).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.407(A)(1) or (2) shall apply to each yard with street frontage.
(B) Minimum Side Yard Requirements: 10 feet, unless the greater requirement of the following applies:
(a) The height of the wall of the building along the side yard is greater than 10 feet, then the height of the side wall.
(b) The side yard adjoins a R or O-R District, then 20 feet for the side yard(s) adjacent to the R or O-R District.
(C) Minimum Rear Yard Requirements: 30 feet, unless the height of the rear wall is greater than 30 feet, then the height of the rear wall.
HISTORY: (Newly proposed; Formerly § 154.53; Ord. 2306, passed 2-23-82)
§ 154.10.408 MAXIMUM HEIGHT.
Maximum height in this district is 35 feet or 2-1/2 stories.
HISTORY: (Formerly § 154.52; Ord. 2306, passed 2-23-82)
§ 154.10.409 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.54; Ord. 2306, passed 2-23-82)
§ 154.10.410 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.55; Ord. 2306, passed 2-23-82)
§ 154.10.411 OTHER REGULATIONS.
§ 154.10.412 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.421 B-2 GENERAL COMMERCIAL DISTRICT.
The purpose of the B-2 General Commercial District is to designate and reserve certain land area for central commercial, community, and highway uses and services which serve the general commercial needs of the residents of the city and surrounding areas. These locations shall accommodate the most intensive commercial and office uses and shall reflect areas of sound organized development.
HISTORY: (Formerly § 154.37; Ord. 2306, passed 2-23-82)
§ 154.10.422 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Animal hospital or veterinary clinic with indoor kennels or no kennels.
(D) Animal kennels, indoor.
(E) Automobile – Convenience drive-through.
(F) Contractor office
(G) Contractor shop
(H) Day care facility – Child day care center.
(I) Dwelling – Above commercial structure.
(J) Financial institution with drive-in.
(K) Financial institution without drive-in.
(L) Fraternal lodges and private clubs.
(M) Funeral homes and mortuaries.
(N) Home Improvement Center.
(O) Home occupations subject to the conditions of § 154.16.03.
(P) Hospitals/Urgent care centers.
(Q) Lodging – Hotels and motels.
(R) Office – Professional office/Business office.
(S) Parking, On-site.
(T) Parkland – Community parkland and public open space.
(U) Recreation – Commercial recreation facilities.
(V) Recreation – Community center/senior center.
(W) Recreation – Health Clubs with indoor facilities only/Athletic training facilities.
(X) Recreation – Health Clubs with outdoor facilities.
(Y) Recreation – Theater with less than 50,000 s.f. gross floor area.
(Z) Restaurant – Fast food restaurant with drive-in.
(AA) Restaurant – Fast food restaurant without drive-in.
(BB) Restaurant, Sit-down.
(CC) Retail – Nursery/Garden Center.
(DD) Retail – Sales and services in structures greater than 10,000 s.f. in gross floor area.
(EE) Retail – Sales and services in structures less than or equal to 10,000 s.f. in gross floor area.
(FF) Retail Tobacco Store.
(GG) School – Business trade school/Technical school.
(HH) School – Nursery school.
(II) Sexually oriented businesses
(JJ) Smoking Establishment.
(KK) Tavern.
HISTORY: (Newly proposed; Formerly § 154.38)
(LL) Mobile food vendors as provided in Section 154.16.11. (Ord. 3475. Passed 4-12-11; Ord. 3567. Passed 8-25-15; Ord. 3592. Passed 10-11-16.)
§ 154.10.423 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Alternative financial services provider, meeting the requirements of § 154.16.13, Alternative Financial Services Providers.
(B) Animal hospital or veterinary clinic with outdoor kennels.
(C) Animal kennels, indoor.
(D) Automobile detailing shop.
(E) Automobile fueling station.
(F) Automobile washing facility, Full service.
(G) Automobile washing facility, Self service.
(H) Automobile – Convenience market/Gas station mini-mart
(I) Automobile – Service station/Repair garage.
(J) Hookah Bar, meeting the requirements of Section 154.16.12, Hookah Bars.
(K) Manufacturing – Light manufacturing.
(L) Parking, Commercial.
(M) Parking, Shared.
(N) Public utility substation and transmission facilities.
(O) Recreation – Theater, drive-in.
(P) Recreation – Theater with 50,000 s.f. or more gross floor area.
(Q) Vehicle sales and service – Agricultural Implements/Marine equipment/Manufactured homes/Industrialized units/Travel trailers/Heavy trucks.
(R) Vehicle sales and service, Automobile and motorcycle.
(S) Warehousing – Mini-warehouses/Self-service storage facilities.
(T) Wireless telecommunications facility.
HISTORY: (Newly proposed; Formerly §154.39)
(A.O.; Ord. 3567. Passed 8-25-15; Ord. 3582. Passed 4-12-16; Ord. 3591. Passed 10-11-16; Ord. 3592. Passed 10-11-16.)
§ 154.10.424 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.39.1; Ord. 2909, passed 10-5-93)
§ 154.10.425 MINIMUM ZONING LOT SIZE.
None required in this district.
HISTORY: (Formerly § 154.40; Ord. 2306, passed 2-23-82)
§ 154.10.426 MINIMUM FRONTAGE.
None required in this district.
HISTORY: (Formerly § 154.41; Ord. 2306, passed 2-23-82)
§ 154.10.427 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard Requirement.
(1) All Uses: 30 feet.
(2) Where the average existing front yard setback on two or more lots located within 100 feet and in the same block as the lot in question is either less or greater than the minimum front yard requirements specified in § 154.10.427(A)(1), the front yard requirement shall be modified as follows:
1. The modified front yard shall not be less than the average setback of the existing front yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
2. In no case shall any front yard be modified to require less than ten feet.
(3) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.427(A)(1) or (2).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.427(A)(1) or (2) shall apply to each yard with street frontage.
(B) Minimum Requirement for Each Side Yard: 10 feet, unless the greater requirement of the following applies:
(1) The height of the wall of the building along the side yard is greater than 10 feet, then the height of the side wall.
(2) The side yard adjoins a R or O-R District, then 20 feet for the side yard(s) adjacent to the R or O-R District.
(C) Minimum Rear Yard Requirements: 20 feet, unless the greater requirement of the following applies:
(1) The height of the rear wall of the building is greater than 20 feet, then the height of the rear wall.
(2) The lot adjoins a R or O-R District, then 40 feet. HISTORY: (Newly proposed; formerly § 154.43; Ord. 2306, passed 2-23-82)
§ 154.10.428 MAXIMUM LOT COVERAGE.
The maximum lot coverage limitation is 50%.
HISTORY: (Newly proposed)
§ 154.10.429 MAXIMUM HEIGHT.
Maximum height in this district is 45 feet or four stories except as hereinafter provided. Buildings may be erected in excess of four stories provided that prior to issuance of a building permit for any structure which is planned to exceed 45 feet or four stories, the Planning Commission shall make a finding that any such excessive height will not be detrimental to the public safety, to the light, privacy, or air of any other structure or use currently existing or approved for construction. HISTORY: (Formerly § 154.42; Ord. 2132, passed 5-22-79; Am. Ord. 2306, passed 2-23-82)
§ 154.10.430 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01. HISTORY: (formerly § 154.44; Ord. 2306, passed 2-23-82)
§ 154.10.431 SIGNS.
Refer to Chapter 153.
HISTORY: (formerly § 154.45; Ord. 2306, passed 2-23-82)
§ 154.10.432 OTHER REGULATIONS.
§ 154.10.433 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.451 OLDE DOWNTOWN DISTRICT.
The purpose of the Olde Downtown District is to designate and reserve the historic downtown area of West Carrollton and tailor this area toward a more urban downtown environment. The unique aspects of Downtown will be reflected in the uses permitted, the way parking is addressed, and in terms of other development standards. A limitation on building size will be included to help guard against new construction of an inappropriate scale (should the existing structures somehow be removed). HISTORY: (Newly proposed)
§ 154.10.452 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Day care facility – Child day care center.
(D) Dwelling – Above or to the rear of commercial structure.
(E) Dwelling – Single-family, detached. Single- family dwellings shall be permitted only on lots fronting on Main Street
(F) Financial institution without drive-in.
(G) Fraternal lodges and private clubs.
(H) Home occupations subject to the conditions of § 154.16.03.
(I) Office – Professional office/Business office.
(J) Parking, On-site.
(K) Parking, Shared.
(L) Parkland – Community parkland and public open space.
(M) Restaurant – Fast food restaurant without drive- in.
(N) Restaurant, Sit-down.
(O) Retail – Sales and services in structures less than or equal to 10,000 s.f. in gross floor area.
(P) Retail Tobacco Store.
(Q) School – Nursery school.
(R) Smoking Establishment.
(S) Studio – Instructional studio/Commercial studio.
(T) Tavern.
HISTORY: (Newly proposed) (A.O.; Ord. 3567. Passed 8-25-15.)
(U) Mobile food vendors, as provided in Section 154.16.11. (Ord. 3475. Passed 4-12-11; Ord. 3567. Passed 8-25-15.)
§ 154.10.453 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Parking, Commercial.
(B) Public utility substation and transmission facilities.
(C) Retail – Sales and services in structures greater than 10,000 s.f. in gross floor area.
(D) (EDITOR’S NOTE: Former subsection (D) was repealed by Ordinance 3475, passed April 12, 2011.)
(E) Wireless telecommunications facility.
HISTORY: (Newly proposed)
§ 154.10.454 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Newly proposed)
§ 154.10.455 MINIMUM ZONING LOT SIZE.
None required in this district.
HISTORY: (Newly proposed)
§ 154.10.456 MINIMUM FRONTAGE.
Minimum frontage in this district is 90 feet.
HISTORY: (Newly proposed)
§ 154.10.457 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard Requirement: None.
(B) Minimum Requirements for Each Side Yard: None.
(C) Minimum Rear Yard Requirements: 10 feet.
HISTORY: (newly proposed)
§ 154.10.458 MAXIMUM LOT COVERAGE.
The maximum lot coverage limitation is 80%.
HISTORY: (Newly proposed)
§ 154.10.459 MAXIMUM HEIGHT.
Maximum height in this district is 35 feet or 2-1/2 stories.
HISTORY: (Newly proposed)
§ 154.10.460 OFF-STREET PARKING AND LOADING.
(A) The Old Downtown District does not have a requirement for off-street parking.
(B) Off-street loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Newly proposed)
§ 154.10.461 SIGNS.
Refer to Chapter 153.
HISTORY: (Newly proposed)
§ 154.10.462 OTHER REGULATIONS.
§ 154.10.463 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.471 CC CITY CENTER DISTRICT.
(A) General Purpose.
(1) It is the intent of the CC City Center District to provide the necessary regulations and standards pertaining to the specific land uses and development character that are consistent with the goals and policies of the City’s Urban Design Plan, Comprehensive Plan and proposed improvement of Exit 47.
(2) The purpose of the CC District is to assist the development and redevelopment of land uses in order to achieve higher efficiency, function, and compatibility with the character of the District; to protect private property and investment; to provide for flexibility in land use controls; and to protect or improve the quality of the environment in those locations where the characteristics of the environment are of significant public value and are vulnerable to change by the cumulative effect of development permitted under conventional zoning regulations.
(3) These regulations establish requirements and procedures for approval of development and redevelopment projects within this District, which are planned and designed in a manner which promotes and encourages revitalization and business development, and helps establish the subject area into a viable and attractive City Center.
(4) Whenever there is a conflict between regulations and/or requirements of other sections of this Zoning Code as they may apply in the CC District, the regulations of the CC District shall control.
(5) Contrary to conventional development control strictly by type of use, the CC District provides a more flexible instrument which governs development by the urban design criteria of building placement, building form and character, access and parking placement, and the availability of substantial pedestrian amenities.
(B) Objectives. The CC City Center District is specifically designed to:
(1) Provide for increased opportunities and land use efficiency for redevelopment new development, and business development expansion.
(2) Protect property and private investment.
(3) Encourage a viable and compatible mix of commercial, business, office, and residential uses in the district.
(4) Encourage creative planning and design in the arrangement and siting of buildings, parking areas, circulation and access, shared parking facilities and ingress/egress arrangements, and elimination of multiple curb cuts.
(5) Promote a pedestrian-friendly City Center environment through the establishment of a safe, convenient and attractive pedestrian network.
(6) Allow the application of performance standards to development and redevelopment so as to mitigate any adverse impacts on adjacent areas and the overall district.
(7) Promote public health, safety and welfare.
(Ord. 3298. Passed 6-14-05.)
§ 154.10.472 APPLICATION AND REVIEW PROCEDURES OF SITE DEVELOPMENT PLANS.
(A) Site Development Plan. A Site Development Plan as used herein, shall mean a plan for the development and/or redevelopment of a specified parcel or tract of real estate in the CC District. Development and/or redevelopment activities subject to review and approval under this section shall include the following:
(1) New construction.
(2) Additions to buildings or structures.
(3) Site improvements, including parking lots, driveways, curb cuts and vehicular access.
(4) Signage in accordance with these regulations and the Sign Code, Chapter 153.
(5) Screening landscaping in accordance with these regulations and the Landscape Regulations, § 154.13.01.
(B) Site Development Plan Review and Approval.
(1) Before a permit is issued for the construction, reconstruction or alteration of any building and/or development and redevelopment of property in the CC District, detailed site plans, building plans, and elevations and such other information necessary to determine compliance with the standards of the District shall be submitted to the Planning Commission for approval.
(2) No such permit shall be issued without such approval. Approval may be granted for the plans as submitted, or conditionally, subject to stated modifications, or may be denied.
(C) Application Process. The application for a development under the City Center District shall be made by the property owner, developer or his authorized agent and shall be processed as follows:
(1) A pre-application meeting is encouraged to take place at the Department of Planning and Economic Development between the applicant and the Department Director in order to discuss the proposed development, the City’s concerns, the submittal, review requirements, and application fees.
(2) Following the pre-application meeting, all applicants who wish to obtain a permit for new construction, reconstruction or alterations, and demolition of any buildings in the District may apply to the Department of Planning and Economic Development for approval of a Site Development Plan and submit the necessary copies of the Site Development Plan which shall include the requirements for such plans set forth in these regulations.
(D) Application Review. The Planning and Economic Development Director shall review the Site Development Plan and shall place the application along with his report and recommendations and the other reviews and recommendations, to the City Planning Commission’s agenda for its consideration.
(E) Planning Commission Action. The City Planning Commission shall approve, approve with conditions the application, or disapprove the application and shall state the reasons for doing so.
(F) Permit. Following the approval by the City Planning Commission, the Department of Community Development shall issue the zoning certificate and building permit after a valid application has been filed.
(G) Site Development Plan Submittal Requirements. The applicant for a project within the CC District shall submit to the City’s Department of Planning and Economic Development the necessary number of copies of all required review material for the proposed project. The following information, where applicable, shall be required to be submitted with the Site Development Plan:
(1) Description of project and work involved.
(2) Applicant’s name (if different than the owner’s), address, and telephone number.
(3) Application site location (street and street number).
(4) A legal description, dimensions and acreage of the subject property for the proposed development, including property lines, easements, and features existing thereon.
(5) A site plan at an appropriate scale, representing with exactitude all existing and proposed buildings, structures, site engineering, pedestrian amenities, signage, landscaping lighting, fencing, decks, patios, and other features of the proposed development, and including the gross area of the development in acres and square feet, and number of units and density in the case of residential development.
(6) The location and dimension of all parking facilities, loading facilities, vehicular and pedestrian ways; the vehicular and pedestrian traffic patterns, including the proposed location and design of public and private streets; the directional flow and location of existing and proposed storm and sanitary sewers, and sewers connecting with existing or proposed municipal interceptor, outlet, or trunk sewers outside the development area; the location and design of parking service areas; and an estimate of traffic volumes to be generated, including the assignment of traffic to proposed entrances and exits.
(7) The forms of covenants or declarations of covenants running with the land, deed restrictions; covenants, restrictions or easements proposed to be recorded; and covenants proposed for maintenance.
(8) Proposed grading, including first floor elevations, curbs, sidewalk, retaining walls, (show height), gutters, walks, etc.
(9) Front, side, rear elevations at no less than 1/4" = 1'0" showing exterior appearances, including exterior materials to be used including walls, glass, railings, detailing, fencing, etc., and proposed color scheme, foundation, and finish grade lines at the building.
(10) Building floor plans at no less than 1/4" = 1'0" scale showing doors, windows, room sizes, proposed room uses, exterior decks and porches.
(11) Roof plan footprint showing basic elements, direction and slope of drainage, and drainage system.
(12) A landscape plan, showing the location, type, and quantities of landscaping and screening of the development including trees, flowers, shrubs and grass, and open spaces.
(13) Proposed signs, including location, dimensions, size and character.
(14) A schedule for construction and for the completion of the development, including all public and private improvements in the development area.
(15) Any other information, plans or studies as required by Planning Commission.
(Ord. 3298. Passed 6-14-05.)
§ 154.10.473 USE REGULATIONS.
Principal and accessory buildings, structures or premises shall be used and buildings and structures shall be erected, altered or enlarged only for the uses listed below.
(A) Principal Permitted Uses.
(2) Animal hospital or veterinary clinic with indoor kennels or no kennels.
(3) Animal training school, domestic, indoor, so long as the applicant can demonstrate that animal waste will be accommodated to meet all requirements of the Montgomery County Health District and the City of West Carrollton Property Maintenance Code and Building Code.
(4) Auction house, defined as a place where objects of art, furniture, and other goods and merchandise are offered for sale to persons who bid on the object in competition with each other, and that take place entirely within a building. Outdoor auctions, as well as auctions of livestock, motor vehicles, or items which are inconsistent with the purpose and objectives of the City Center District, are expressly prohibited.
(5) Building and related trades, not involving any exterior storage areas.
(6) Call center, defined as a company phone center that offers operator-supported voice services such as a help desk, customer support, lead generation, emergency response, telephone answering service, inbound response and outbound telemarketing.
(7) Conference center, defined as a facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, and meeting rooms. Conference centers shall not be utilized by the general public only for overnight purposes. This use shall not include institutions meeting the definition of "churches and other similar places of religious worship" as defined in Section 154.02.01, Definitions, and as prohibited in Section 154.10.473(B).
(8) Day care facility - child care center.
(9) Dwelling - above commercial structure.
(10) Dwelling - attached, detached, zero lot line homes and other residential uses planned and designed along the "New Urbanism" principles of compact form and architectural significance, with the density to be determined by the Planning Commission. Such residential developments shall be in close adherence and conformance to the requirements of Section 154.10.476(D), of these regulations. Residential developments planned and designed along conventional subdivision standards shall not be permitted.
(11) Financial institution with or without drive-up.
(12) Fraternal lodges and private clubs.
(13) Home occupations subject to the conditions of Section 154.16.03.
(14) Home improvement centers, not involving any exterior storage areas.
(15) Hospitals/urgent care centers.
(16) Lodging - bed and breakfast establishments.
(17) Lodging - hotels and motels.
(18) Manufacturing - light manufacturing, only on the following properties: Carrollton Plaza, parcels K48 00509 0002 (1000 E. Central Avenue) and K48 00509 0037 (1100 E. Central Avenue); and the old Woody's warehouse, parcel K48 00111 0032 (61 Alexandersville- Bellbrook Road).
(19) Office - professional office/ business office.
(20) Parking, on-site.
(21) Parking, shared.
(22) Parkland - community parkland and public open space.
(23) Recreation - commercial recreation facilities.
(24) Recreation - community center/senior center.
(25) Recreation - health clubs with indoor facilities only/athletic training facilities.
(26) Recreation - health clubs with outdoor facilities.
(27) Recreation - river-related recreational uses such as boat livery, boat rentals, and other such similar nature uses.
(28) Recreation - theater.
(29) Restaurant - fast food restaurant with or without drive-up.
(30) Restaurant, sit-down.
(31) Retail - sales and services.
(32) School - business trade school/technical school.
(33) School - nursery school.
(34) Smoking establishment.
(35) Tavern.
(36) Warehousing - warehousing facility/wholesaling facility/distribution facility, only on the following properties: Carrollton Plaza, parcels K48 00509 0002 (1000 E. Central Avenue) and K48 00509 0037 (1100 E. Central Avenue); and the old Woody's warehouse, parcel K48 00111 0032 (61 Alexandersville- Bellbrook Road). This use shall not involve overnight parking of trucks, storage of materials that present hazards or offensive conditions, external storage of material, or other external nuisances such as dust, noise and odors.
(37) Mobile food vendors as provided in Section 154.16.11.
(A.O.; Ord. 3475. Passed 4-12-11; Ord. 3567. Passed 8- 25-15.)
(B) Prohibited Uses.
All uses not specifically listed as a permitted use in Section 154.10.473(A) are prohibited within this District, unless determined by the Planning Commission to be a Substantially Similar use to any use listed in Section 154.10.473(A) as provided by Section 154.05.04(B)(2) and Section 154.07.01(B)(3). The following uses are expressly prohibited within this District:
(1) Animal hospital or veterinary clinic with outdoor kennels.
(2) Animal kennels, outdoor.
(3) Automobile - convenience drive-thru.
(4) Automobile - convenience market/gas station mini-mart.
(5) Automobile fueling station.
(6) Automobile washing facility, full service.
(7) Automobile washing facility, self service.
(8) Automobile - service station/repair garage.
(9) Automobile - painting and body shop.
(10) Automotive wrecking yards.
(11) Building and related trades, not meeting the requirements of Section 154.10.473(A)(4).
(12) Building materials - comtractor storage yard.
(13) Building materials - sales and storage yards.
(14) Churches and other similar places of religious worship.
(15) Farming and agricultural production, and related farm uses.
(16) Funeral homes and mortuaries.
(17) Junk yards.
(18) Lumber yards.
(19) Manufacturing - heavy manufacturing.
(20) Parking, commercial.
(21) Recreation - theater, drive-in.
(22) Resource and mineral extraction.
(23) Retail - nursery/garden center.
(24) Truck stop.
(25) Vehicle sales and service - agricultural implements/marine equipment/manufacturd homes/industrialized units/travel trailers/heavy trucks/recreational vehicles.
(26) Vehicle sales and service, automobile and motorcycle.
(27) Warehousing - mini warehouses/self- service storage facilities.
(28) Warehousing - warehousing facility/wholesaling facility/distribution facility not meeting the requirements of Section 154.10.473(A)(35).
(29) Any other uses which are not compatible with the purpose and objectives of these regulations as determined by the Planning Commission. (Ord. 3400. Passed 12-9-08.)
§ 154.10.474 NON-CONFORMING USES.
Lawfully pre-existing lots, structures, and uses of land that do not conform to the CC District regulations after the effective date of these regulations, are considered non-conforming uses and shall be regulated in accordance with the provisions of § 154.04.01. (Ord. 3298. Passed 6- 14-05.)
§ 154.10.475 CONDITIONS FOR REVIEW AND APPROVAL.
(A) Site Development Plan Review Findings. The use of the property in the CC District shall be in accordance with these regulations and the Site Development Plan, and a permit shall be issued when the review has determined that the proposed development by its nature, or by reason of the controls imposed by the Planning Commission:
(1) Is not an adverse influence on any abutting or surrounding properties;
(2) Serves to create a well-planned, visually appealing development which will create a positive image for the City’s Center;
(3) Relates effectively ingress/egress to the development and to the existing street system in terms of safety and ease of access;
(4) Is in full compliance with the purposes of this Zoning Code and with the City Center District;
(B) Exceptions. The Planning Commission may authorize exceptions from these regulations upon making findings that:
(1) A Site Development Plan proposed by an applicant, while not strictly in accord with the regulations applying within the District, meets public purposes, provides public protection, and conforms with the objectives and principles of the CC District, or Comprehensive Plan; or
(2) In the particular circumstances of the case, strict application of a particular regulation or regulations is not necessary for the accomplishment of the public purposes or the provision of public protection, at the time or in the future. (Ord. 3298. Passed 6-14-05.)
§ 154.10.476 STANDARDS AND GUIDELINES.
Every application for a permit for the construction, reconstruction or alteration of any building in the CC District shall be reviewed under these guidelines, the Urban Design Plan, and the Comprehensive Plan. Applications shall be approved if the Planning Commission finds that the guidelines and recommendations of these plans have substantially been met. It is the responsibility of the applicant to demonstrate compliance with these Standards and Guidelines and the Conditions for Review and Approval, § 154.10.475.
(A) Building Placement.
(1) All buildings are encouraged to be be placed at or very close to the street right-of-way line, their facades running parallel with the street, except in cases where:
(a) The distance between the right of way and the street curb is less than twelve feet, the building shall be moved back from the right of way enough to establish the required twelve-foot distance for street sidewalk space; and
(b) A utility easement running parallel with the street right of way requires that no building can be constructed over it;
(c) The Service or Safety Director determines such a location will be a hazard to traffic.
(2) Buildings at corner lots are encouraged to extend along both lot frontages to the extent possible.
(3) Storefronts should be oriented towards the street, shall be integrated with the sidewalk space, and shall afford direct pedestrian access from the street sidewalk.
(4) Businesses should be designed to reinforce the pattern of small storefront divisions facing the street.
(Ord. 3298. Passed 6-14-05.)
(5) Drive-up facilities shall be designed and located on the site so as to be screened as much as possible from public view. Drive-in facilities are permitted so long as the Planning Commission is satisfied that the general purpose, objectives, and design standards and guidelines of the City Center District are substantially met. Drive- thru facilites are prohibited.
(Ord. 3384. Passed 4-22-08.)
(B) Building Character.
(1) Ensure visual compatibility by discouraging the construction of new buildings and the renovation and/or expansion of existing buildings which calls attention to itself and significantly disrupts the establishment of unity and form envisioned in the Plan.
(2) Discourage the construction of “big-box” type buildings which are incompatible with the desired small scale and mass of retail tructures. If this type of building is proposed, it should modify its form in order to be articulated and subdivided into massing that is proportional to the mass and scale of other small scale structures in the district.
(C) Building Height.
(1) Building height shall be 35 feet.
(2) Buildings in excess of 35 feet may be permitted depending on their location in relation to the overall district, the predominant building form and character, and visual compatibility with adjacent buildings.
(D) Housing Units Development and Site Planning.
(1) Housing units shall front along the street and public space shown in the Alexandersville Square Redevelopment Plan in order to extend the urban form and visual corridor connecting the business and commercial areas with the riverfront.
(2) Housing development shall take place on the basis of a unified plan in adherence with the urban design concepts shown in the Alexandersville Square Redevelopment Plan.
(3) In the case where housing may be developed by more than one developer, the plans shall be coordinated and their implementation shall result in establishing the desired form, architectural character, visual corridor, public open spaces and parking as recommended and as shown in the Alexandersville Square Redevelopment Plan.
(4) Housing units shall only include attached, detached, zero-lot line, and other similar- type units as described in Section 154.10.473(A)(7).
(5) Ground level commercial space is highly encouraged in a mixed vertical arrangement with the housing units.
(E) Sidewalks and Pedestrian Amenity.
(1) Barrier-free pathways to accommodate the handicapped should be provided from parking areas to various building destinations.
(2) The design and construction of all sidewalks shall aim at establishing a uniform pedestrian network. Improvements to sidewalks and pedestrian space by property owners shall conform to the standards and design specifications established by the City.
(F) Parking and Loading.
(1) Parking within the District shall be computed on the basis of four parking spaces required for 1,000 square feet of gross floor area of office and commercial mixed uses, applied throughout the entire area. Reciprocal shared off-site parking arrangements are highly encouraged and may, in certain cases, be required as a condition of project approval.
(2) In the case of commercial/residential mixed use development, parking shall be computed for each use and there shall be a separation between the residential parking areas and those devoted to commercial users. Driveways and access lanes may be combined and shall be clearly demarcated with proper signage.
(3) Existing parking lots should be shared and made more efficient through improved access and more efficient layout.
(4) Existing small, under utilized lots should be combined to create larger more efficient parking areas.
(5) Parking lots should be located and should be designed so they do not detract from the appearance of a site from streets or other public areas.
(6) Large, uninterrupted expanses of pavement should be avoided or substantially mitigated by the careful location of green space and plant materials within the parking lot.
(7) Loading areas should be visually unobtrusive and should be located properly in order to minimize conflicts with vehicles or pedestrians.
(G) Vehicular Circulation, Joint and Cross Access.
(1) The location and design of driveway entrances to the property should minimize conflict with off-site traffic, and should provide for a safe transition into the parking lot.
(2) Creative site planning in building siting, circulation and access, shared ingress/egress arrangements, and elimination of curb cuts should be encouraged.
(3) Wherever possible, adjacent properties shall provide cross-access to allow circulation between them.
(4) A system of joint-use driveways and cross-access easements should be established wherever feasible. Property owners shall record an easement with the deed allowing cross access to and from other properties served by the joint use driveway and cross- access. The agreement will be recorded with the deed specifying that the remaining access right along the thoroughfare will be dedicated to the State or the City and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway.
(H) Lighting.
(1) Lighting should be used to illuminate important on-site elements such as entrances, pedestrian pathways, and pedestrian spaces.
(2) The luminosity, orientation, and location of exterior light fixtures should foster user safety and minimize vehicle/pedestrian conflicts.
(3) All outdoor lighting shall be designed, located, and mounted at heights no greater than sixteen feet above grade for non-cutoff lights and thirty-two feet above grade for cutoff lights.
(4) All outdoor lighting shall be located, screened or shielded so that adjacent uses are not directly illuminated, especially in cases where commercial uses abut or are in close proximity to residential uses.
(5) No outdoor lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of pedestrians and/or drivers.
(I) Screening and Landscaping.
(1) All landscape improvements within the right of way, parking areas, screening, and selected private spaces shall be undertaken in accordance with the City’s streetscape standards and Landscape Regulations of the Zoning Code, Section 154.13.01.
(2) Green areas designed for the use and enjoyment of pedestrians should consider visibility, accessibility, safety, location of seating, and microclimate.
(3) Where appropriate, green areas should link major site destinations such as buildings and parking areas.
(J) Signs.
(1) All signs within the district shall be reviewed and approved according to the requirements of the City’s Sign Code, Chapter 153, and as provided in these regulations.
(2) Signs should be designed to communicate with pedestrians or persons in slow moving vehicles, and located to be visible under the street tree canopy.
(3) Signs for the identification of tenants occupying the upper floors of a building and/or for occupants of the building having no street frontage should be permitted, if they comply with the following:
(a) One identifying plaque for each occupant having access to premises at point of attachment. Height of plaque is optional. Width of plaque may not exceed width of surface of attachment. Maximum area is three square feet. Plaque shall be placed flat on the building’s wall.
(b) All plaques shall be placed adjacent to building entrance. Where more than one plaque is placed at an entrance, the total group is to be related in an orderly and integrated manner in one or more vertical columns but no more than two columns, with common vertical centerlines. The horizontal centerline of each group must be 5'0" above the average grade level.
(c) Plaques may be of any cast metal, of any natural stone or wood, or other appropriate material.
(d) Letters or characters shall not exceed two and one-half inches in height; symbols may not exceed eight inches in height; all letters and symbols shall be integral with the base material or painted on the base (in the case of wood). No more than three lines of letters should be used. No internally illuminated plaques shall be used.
(K) Dumpsters.
(1) Dumpsters shall be located at the rear side of buildings away from pedestrian pathways, shall be screened from public view, and shall be easily accessible for service.
(2) Dumpster enclosures shall be constructed in direct coordination with the principal structures with regard to materials and color.
(Ord. 3298. Passed 6-14-05.)
§ 154.10.477 REVISIONS OF FINAL SITE DEVELOPMENT PLAN AFTER APPROVAL.
No changes, erasures, modifications or revisions shall be made to any Site Development Plan after final approval has been given unless said changes, erasures, modifications or revisions are first submitted to and approved by the City’s Planning and Economic Development Director. In determining whether to permit revision(s) of a Site Development Plan after approval, the Planning and Economic Development Director shall proceed as follows:
(A) Minor Modifications. For minor modifications, which are defined as being of a non- substantive nature in one or more of the project’s elements as shown in the plan, the Planning and Economic Development Director may permit these minor modifications upon determination that the changes do not adversely impact upon adjacent properties, and they do not violate the purposes, objectives, standards and guidelines of CC District, and the goals and objectives of the City’s Comprehensive and Urban Design Plans.
(B) Major Modifications. For major modifications which call for substantive changes to one or more of the project’s elements as shown in the plan, the applicant shall submit a new Site Development Plan which shall require approval by the Planning Commission and shall be reviewed according to the requirements and procedures of this District. Major modifications shall include, but not be limited to:
(1) An increase in gross floor area.
(2) An increase in density.
(3) Additions and major modifications to the approved buildings.
(4) Major changes to the buildings’ character and form.
(5) Major changes to the vehicular and/or pedestrian circulation systems, ingress/egress, and parking.
(6) Major changes to the screening and landscaping improvements.
(7) Any other major changes to the project elements as approved and are part of the record of the Site Development Plan.
(Ord. 3298. Passed 6-14-05.)
§ 154.10.478 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.479 GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS.
(A) All site improvements shall conform to the approved site plan and construction plans.
(B) To provide assurance to the City that public improvements will be completed once construction has begun, the developer shall furnish a bond executed by a surety company, letter of credit, or certified check equal to the cost of construction of such public improvements as shown on the approved plans, and based on an estimate approved by the City Manager as advised by the Service Director and in a form approved by the Law Director. Such surety shall be provided prior to issuance of a building permit for the project. Letters of credit shall not permit draws by the developer without the express approval of the City.
(1) For the purposes of this section, construction shall be defined as any man-made change to improved or unimproved real estate related to one or more of the following public improvements: earth-disturbing activities including clearing, excavating, filling, and grading of property; driveway approaches; sidewalks; street surfacing; curbs, gutters, and public sanitary sewers; public water supply; stormwater detention facilities; stormwater best management practices for runoff quality; and street signs.
(C) The performance bond, letter of credit, or certified check shall run to the City and shall provide that the developer, his heirs, successors and assigns, their agent or servants, upon commencement of construction, will comply with all applicable terms, conditions, provisions and requirements of these regulations; will faithfully perform and complete the work of constructing and installing all public improvements in accordance with such laws and regulations; will complete all public improvements prior to issuance of a final occupancy permit for the project; and will complete all public improvements within one (1) year from the date of final approval of the building permit, but the bond or letter of credit will run indefinitely until released by the City. In no case shall the work be completed after one (1) year from the date of final approval of the building permit, unless an extension is granted by the City as specified below.
(D) Upon commencement of construction, if the installation of any public improvement, for which guarantee has been made by the developer in the form of bond, letter of credit, or certified check, is not completed within one (1) year from the date of final approval of the building permit, the developer may request the City to grant an extension of six (6) months, provided (s)he can show reasonable cause for inability to complete said public improvement(s) within the required one (1) year. A maximum of two six-month extensions may be granted. At the expiration of the extension(s), the City will use as much of the bond, letter of credit, or certified check as necessary to complete the construction of the public improvements.
(E) All public improvements located within the public right-of-way shall be completed within 14 days of initial excavation, unless an extension is granted for reasonable cause by the City Manager as advised by the Service Director and Director of City Planning.
(F) As required public improvements are completed, approved, and accepted, the City Manager, as advised by the Service Director and Director of City Planning, may reduce the amount of the performance bond, letter of credit, or certified check.
(G) Periodic inspections during the installation of public improvements shall be made by the City to ensure conformity with the approved plans and specifications as required by these regulations.
(H) The developer shall schedule required inspections at least forty-eight (48) hours in advance with proper administrative officials.
(I) The absence of an inspector from a project during construction shall not relieve the developer from full responsibility under this agreement. Upon acceptable completion of installation of the required public improvements, the City Manager as advised by the Service Director and Director of City Planning shall issue a letter to the developer or his/her agent and such letter shall be sufficient evidence for the release by the City.
(J) When the Service Director and Director of City Planning, following final inspection of a project, certify to the City Manager that all public improvements have been constructed in accordance with City specifications, the City Manager may proceed to accept the facilities for which bond, letter of credit, or certified check has been posted.
(K) Whenever public improvements have not been constructed in accordance with the agreement and with specifications as established, the City Manager as advised by the Service Director and Director of City Planning may exercise his/her rights of foreclosure under the bond, letter of credit, or certified check.
(L) Should construction not commence prior to expiration of the building permit and any extensions granted in accordance with this section, the performance bond, letter of credit, or certified check shall be released in its entirety by the City.
(Ord. 3477. Passed 4-12-11.)
§ 154.10.481 H HERITAGE SINGLE-FAMILY RESIDENTIAL DISTRICT.
The purpose of the H District is to designate and reserve certain land areas for single-family detached dwellings at low-medium densities, while maintaining the architectural heritage of the City=s Queen Anne Historic District.
§ 154.10.482 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Day care facility - Type B family day care home.
(D) Dwelling - Single-family, detached.
(E) Group home - Adult family home.
(F) Group home - Community alternative home.
(G) Group home - Foster care facility/Certified family foster home.
(H) Group home - MR/DD family care facility.
(I) Home occupations subject to the conditions of § 154.16.03.
(J) Parking, On-site.
(K) Parkland - Community parkland and public open space.
(L) Subdivision, Conventional residential.
§ 154.10.483 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Funeral Homes and Mortuaries
(B) Lodging - Bed and breakfast establishment.
(C) Public utility substation and transmission facilities.
(D) School - Nursery school.
(E) School - Private school/Primary school/Intermediate school/Secondary school.
§ 154.10.484 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
§ 154.10.485 MINIMUM ZONING LOT SIZE.
(A) Single-family Dwellings: 7,500 square feet.
(B) Other Permitted Uses: one acre.
§ 154.10.486 MINIMUM FRONTAGE.
(A) Single-family Dwellings: 60 feet.
(B) Other Permitted Uses: 150 feet.
§ 154.10.487 MINIMUM YARD REQUIREMENTS.
(A) Minimum front yard.
(1) Residential Uses: 35 feet.
(2) Residential uses in which the average existing front yard setback on two or more lots located within 100 feet and in the same block as the lot in question is either less or greater than the minimum front yard requirements specified in § 154.10.067(A)(1) or (2), the front yard requirement shall be modified as follows:
(a) The modified front yard shall not be less than the average setback of the existing front yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
(b) In no case shall any front yard be modified to require less than ten feet.
(4) Other Permitted Uses: 40 feet.
(5) Corner Lots.
(a) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified in § 154.10.067(A)(1) to (4).
(b) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified in § 154.10.067(A)(1) to (4) shall apply to each yard with street frontage.
(B) Minimum for each side yard.
(1) Residential Uses: 8 feet.
(2) Residential uses in which the average existing side yard setback on two or more lots located within 100 feet and in the same block as the lot in question is less than 8 feet, then the side yard setback requirement shall be modified as follows:
(a) The modified side yard shall not be less than the average setback of the existing side yards of the two lots immediately adjacent to the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
(b) In no case shall any side yard be modified to require less than four (4) feet.
(3) Other Permitted Uses: 20 feet.
(C) Minimum rear yard.
(1) Residential Uses, 40 feet. Any one-story section of a single-family residence may project not more than ten feet into the required rear yard.
(2) Other Permitted Uses: 50 feet.
§ 154.10.488 MAXIMUM AND MINIMUM HEIGHT REQUIREMENTS.
(A) Maximum Height: 35 feet or 2-1/2 stories.
(B) Minimum Height: two (2) stories.
§ 154.10.489 REQUIRED MINIMUM DWELLING SIZE.
The minimum dwelling size shall be governed by the West Carrollton Property Maintenance Code (Chapter 158), which seeks to prevent overcrowding through minimum space requirements based on occupancy limitations.
§ 154.10.490 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
§ 154.10.491 SIGNS.
Refer to Chapter 153.
§ 154.10.492 DESIGN REVIEW REGULATIONS.
The purpose of these West Carrollton Heritage District Design Review Regulations are:
(A) To safeguard the architectural integrity and cohesiveness of the oldest buildings and parts of the community important to the City=s history in order to contribute to the economic, recreational, cultural, and educational development of the City of West Carrollton;
(B) To maintain and enhance property values to promote the use of, facilitate reinvestment in, and stimulate revitalization of buildings and areas found to have historic architectural significance; and
(C) To provide controls and procedural standards for the appropriate rehabilitation and preservation of older homes in historically significant areas and to encourage the development of vacant properties in accordance with the character of these areas.
§ 154.10.493 DEFINITIONS.
The following definitions shall apply only to the provisions of the West Carrollton Heritage District Design Review Regulations of the City of West Carrollton Zoning Code:
ALTER or ALTERATION. Any material change in an external architectural feature of any property which lies within the West Carrollton Heritage District, including demolition, removal, construction, modification to roofs, windows, siding, awnings/canopies, additions, doors, entrances, but not including the landscaping of real property and painting.
APPLICANT. Any owner, owners, person(s), association, partnership, or corporation who applies for a Certificate of Appropriateness in order to undertake any change on property subject to these West Carrollton Heritage District Design Review Regulations.
EXTERNAL ARCHITECTURAL FEATURE. The architectural style, general design and arrangement of the exterior of a structure including, but not limited to the type of building material, doors, windows, roof, porches and other appurtenant fixtures.
WEST CARROLLTON HERITAGE DISTRICT. Any area within the corporate limits of the City of West Carrollton, Ohio, designated by Council to be subject to the provisions of these West Carrollton Heritage District Design Review Regulations.
§ 154.10.494 POWERS AND DUTIES OF THE DESIGN REVIEW ARCHITECT.
(A) In order to carry out the efficient review of applications subject to the Heritage District Design Regulations, the city shall contract with an Architect familiar with the style and construction of historic structures, and licensed as an Architect by the
State of Ohio.
(B) Within the boundaries of the West Carrollton Heritage District subject to design review, the Design Review Architect shall review any proposed new construction of a new principal structures, an addition to a principle structure, and all demolition permits
(C) After review of the plans for the new construction, addition, or demolition, the Design Review Architect shall prepare a written report to the Zoning Enforcement Officer giving his professional opinion about whether the plans meet the Specific Architectural Design Guidelines contained in Section § 154.15.05.
§ 154.10.495 TRIGGERING MECHANISM FOR DESIGN REVIEW.
(A) An application for a Certificate of Appropriateness issued by the Zoning Enforcement Officer shall be required for all property located within the West Carrollton Heritage District for the following activities:
(1) New construction of a principle structure; or
(2) Additions to principle structures; or
(3) Demolition of principle structures.
(B) Whenever an applicant applies for a Zoning Certificate, the permit application will be deemed as an application for a Certificate of Appropriateness.
§ 154.10.496 SPECIFIC ARCHITECTURAL DESIGN GUIDELINES.
(A) In reviewing proposed alterations to property, the Design Review Architect and Zoning Enforcement Officer shall utilize the following guidelines in their review and deliberation:
(1) New construction of a principle structure.
(a) The pattern of houses on a street is as significant as the design and construction of individual houses. A building=s relationship to its neighbors reflects part of its own identity. New structures should borrow elements from the block face to maintain unity
(b) Compatible characteristics begin with building proportion and shape. New construction should maintain the proportions of wall height and length, window and door opening sizes, and roof height and pitch. New construction which does not maintain the architectural rhythm of the street scape is prohibited.
(c) Detailing on a new principal structure shall be sympathetic in design, scale and materials, but does not need to replicate that of the historic architecture of the block.
(2) Additions to principle structures.
[IMAGE]
(a) Compatible characteristics begin with building proportion and shape. Additions should maintain the proportions of the original structure in relation to wall height and length, window and door opening sizes, and roof height and pitch.
[IMAGE]
(b) 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 materials, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
[IMAGE]
(c) Whenever 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 structure would be unimpaired.
(d) The distinguishing original qualities or character of a building or structure shall not be destroyed. The removal or alteration of historic material or distinctive architectural features should be avoided when possible.
(e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
(f) Construction materials should be compatible with the original structure=s materials. The original structure=s architectural fabric should dictate the materials to be used for the addition.
(g) No additions shall be made to the front of a structure.
(3) Demolition of principle structures. A demolition permit shall not be issued by the Building Inspector unless accompanied by an approved Certificate of Appropriateness. Such a Certificate of appropriateness shall be issued by the Zoning Enforcement Officer, after review and comment by the Design Review Architect, only if the applicant has given clear evidence that one of the following conditions exist:
(a) The structure has incurred extensive damage to its basic structural elements such as the roof, walls, and foundation requiring substantial reconstruction and presents an immediate danger to the public safety as declared by the Chief Building Inspector; or
(b) The structure has been declared a public nuisance under Section 150.70 of the West Carrollton Code of Ordinances; or
(c) The structure is not consistent with other structures in the district in terms of historic character, architectural style, construction material, height, setback, mass or use; or
(d) The square foot cost of meeting the minimum building code would exceed the square foot market value of similarly used and improved structures in the district. If the applicant applies for the removal of a structure in accordance with this section, the following evidence shall be submitted to the Zoning Enforcement Officer:
1) An itemized cost estimate provided by a qualified architect, engineer, or contractor indicating those items required to meet the minimum building code; and
2) A market analysis by an appraiser or qualified real estate professional indicating the square foot value of similarly used and improved structures in the district; and
3) A demolition cost estimate.
§ 154.10.497 LIMITATION ON ISSUANCE OF ZONING & DEMOLITION PERMITS
No Zoning Certificate shall be issued by the Zoning Enforcement Officer, nor a Demolition Permit shall be issued by the Building Inspector, for new construction or demolition of any principle structure within the West Carrollton Heritage District prior to obtaining a Certificate of Appropriateness. No Zoning Certificate may be issued by the Zoning Enforcement Officer unless the requirements outlined below are met in full.
§ 154.10.498 CERTIFICATE OF APPROPRIATENESS.
(A) When the owner of a property within the West Carrollton Heritage District proposes new construction to, or demolition of, any portion of a principle structure within the Heritage District, they shall first apply for and secure a Certificate of Appropriateness from the Zoning Enforcement Officer in accordance with the triggering requirements of § 154.15.04. The application for a Certificate of Appropriateness shall be made through the Building Inspector, together with such plans, specifications, and other material as the Design Review Architect and Zoning Enforcement Officer may need to adequate review the application for compliance with these regulations.
(B) If the proposed new construction or demolition is determined by the Zoning Enforcement Officer, after review and comment by the Design Review Architect, to have no adverse effect on the West Carrollton Heritage District and does not violate the spirit and purpose of these regulations, then the Zoning Enforcement Officer shall issue the Certificate of Appropriateness.
(D) If the Zoning Enforcement Officer, after review and comment by the Design Review Architect, determines that the proposed new construction or demolition will have an adverse effect on the West Carrollton Heritage District, and does violate the spirit and purposes of these regulations, then the Zoning Enforcement Officer shall deny issuance of the Certificate of Appropriateness.
(E) In the event that the Zoning Enforcement Officer determines that a Certificate of Appropriateness shall not be issued, they shall notify the applicant and the Building Inspector in writing of the reasons for such determination.
§ 154.10.499 PENALTIES.
Whoever constructs, reconstructs, alters, changes, or demolishes any exterior feature of any structure, work of art, object, or area in violation of these West Carrollton Heritage District Design Review Regulations shall be deemed in violation of the Municipal Code and such violation shall be punishable under § 154.05.09 of the Municipal Code.
§ 154.10.500 MINIMUM MAINTENANCE REQUIREMENT.
The owner of an historic structure or any structure within the West Carrollton Heritage District shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration, whether the building is vacant or inhabited.
§ 154.10.501 SEVERABILITY.
If any provision of these West Carrollton Heritage District Design Review Regulations or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application and to this end the provisions of these West Carrollton Heritage District Design Review Regulations are hereby declared severable.
§ 154.10.502 OTHER REGULATIONS.
§ 154.10.601 M-1 BUSINESS PARK DISTRICT.
The purpose of the M-1 Business Park District is:
(A) To designate and reserve certain land areas exclusively for the development of industrial parks, certain light manufacturing uses, warehousing, wholesaling and distribution facilities, and their related accessory buildings, and uses, which will not adversely affect their surroundings;
(B) To insure that these areas have adequate access, and can be served with necessary utilities, and that these areas will constitute areas of sound development which are free from objectionable influences in both operation and appearance.
HISTORY: (Formerly § 154.27; Ord. 2306, passed 2-23-82)
§ 154.10.602 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Contractor office.
(D) Contractor shop.
(E) Contractor storage yard.
(F) Farming and agricultural production, and related farm uses.
(G) Financial institution with drive-in.
(H) Financial institution without drive-in.
(I) Hospitals/Urgent care centers.
(J) Manufacturing – Light manufacturing
(K) Office – Professional office/Business office.
(L) Parking, On-site.
(M) Parkland – Community parkland and public open space.
(N) Recreation – Health Clubs with indoor facilities only/Athletic training facilities.
(O) Recreation – Industrial recreation sites.
(P) Recreation – Private, noncommercial areas and facilities.
(Q) School – Business trade school/Technical school.
(R) Wireless telecommunications facility.
(S) Mobile food vendors, as provided in Section 154.16.11. (Ord. 3475. Passed 4-12-11; Ord. 3592. Passed 10- 11-16.)
§ 154.10.603 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Automobile detailing shop.
(B) Contractor sales and storage yard.
(C) Day care facility – Child day care center.
(D) Other permitted uses listed in the O or B-1 Districts, when these uses are compatible or supplementary to existing industrial or office development within the zoning district, subject to the following conditions:
(1) Conditionally permitted uses listed in the O or B-1 Districts are not permitted in the M-1 District.
(2) The amount of the M-1 District that can be used in this manner is limited to the 10% of the M-1 District in which the proposed use would be located.
(3) The amount of the M-1 District that can be used in this manner is limited to no mor than 25% of permitted M-1 District uses already constructed.
(E) Parking, Commercial
(F) Parking, Shared.
(G) Public utility substation and transmission facilities.
(H) School – Nursery school.
(I) Truck stop.
(J) Warehousing – Mini-warehouses/Self-service storage facilities.
(K) Warehousing – Warehousing facility/Wholesaling facility/Distribution facility.
HISTORY: (Newly proposed; Formerly § 154.29)
(Ord. 3591. Passed 10-11-16; Ord. 3592. Passed 10-11- 16.)
§ 154.10.604 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.29.1; Ord. 2909, passed 10-5-93)
§ 154.10.605 MINIMUM ZONING LOT SIZE.
(A) Industrial Parks: five acres.
(B) Individual Sites Within the Industrial Park: 15,000 square feet.
(C) Industrial Recreation Sites: one acre.
HISTORY: (Newly proposed; Formerly § 154.30)
§ 154.10.606 MINIMUM FRONTAGE.
(A) Industrial Parks, 350 feet.
(B) Individual Sites Within the Industrial Park: 75 feet.
(C) Industrial recreation sites, 150 feet.
HISTORY: (Newly proposed; Formerly § 154.31)
§ 154.10.607 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard.
Twenty-five (25) feet.
On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirement.
On all lots having frontage on two streets which do not intersect, the minimum front yard requirement shall apply to each yard with street frontage.
(B) Minimum Side Yard.
Fifteen (15) feet.
(C) Minimum Rear Yard.
Twenty-five (25) feet, except where the rear yard abuts a residential zoning district in which case the rear yard shall be not less than forty (40) feet. (Ord. 3615. Passed 9-12-17.)
§ 154.10.608 MAXIMUM LOT COVERAGE.
The maximum lot coverage limitation is 60%.
HISTORY: (Newly proposed)
§ 154.10.609 MAXIMUM HEIGHT.
Maximum height in this district is 45 feet or four stories. HISTORY: (Formerly § 154.32)
§ 154.10.610 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.34; Ord. 2306, passed 2-23-82)
§ 154.10.611 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154. 35; Ord. 2306, passed 2-23-82)
§ 154.10.612 OTHER REGULATIONS.
§ 154.10.613 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.621 M-2 MANUFACTURING DISTRICT.
The purpose of the M-2 Manufacturing District is:
(A) To reflect the existing pattern of industrial and related development within the community; and
(B) To designate and reserve certain land areas exclusively for industrial development, manufacturing, warehousing, wholesaling, and related activities which will not adversely affect their surroundings;
(C) To insure that these areas have adequate access, and can be served with necessary utilities.
HISTORY: (Formerly § 154.17-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.622 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Contractor office
(D) Contractor shop
(E) Contractor storage yard
(F) Contractor sales and storage yard
(G) Dwelling – Expansion of single-family residential dwellings constructed prior to July 13, 1982 to an extent not exceeding 50% of the gross floor area of the existing principal structure.
(H) Farming and agricultural production, and related farm uses.
(I) Manufacturing – Heavy manufacturing.
(J) Parking, On-site.
(K) Parkland – Community parkland and public open space.
(L) Recreation – Industrial recreation sites.
(M) Recreation – Private, noncommercial areas and facilities.
(N) School – Business trade school/Technical school.
(O) Truck stop.
(P) Warehousing – Mini-warehouses/Self-service storage facilities.
(Q) Warehousing – Warehousing facility/Wholesaling facility/Distribution facility.
(R) Wireless telecommunications facility.
(Ord. 3309. Passed 11-8-05.)
§ 154.10.624 Zoning Code 86E
(S) Mobile food vendors, as provided in Section 154.16.11. (Ord. 3475. Passed 4-12-11; Ord. 3592. Passed 10-11-16.)
§ 154.10.623 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Automotive wrecking yards.
(B) Junk yards.
(C) Office – Professional office/Business office in conjunction with mini-warehouses.
(D) Parking, Commercial.
(E) Parking, Shared.
(F) Public utility substation and transmission facilities.
(G) (EDITOR’S NOTE: Former subsection (G) was repealed by Ordinance 3475, passed April 12, 2011.)
HISTORY: (Newly proposed; Formerly § 154.19-2)
§ 154.10.624 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.19-2.1 ; Ord. 2909, passed 10-5-93)
§ 154.10.625 MINIMUM ZONING LOT SIZE.
Industrial and Manufacturing Uses; Industrial Recreation Sites; Warehousing, Wholesaling Facilities; Building Materials Sales and Storage Yards: 43,560 square feet (one acre).
HISTORY: (Newly proposed; Formerly § 154.20-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.626 MINIMUM FRONTAGE.
Industrial and Manufacturing Uses; Industrial Recreation Sites; Warehousing, Wholesaling Facilities; Building Materials Sales and Storage Yards: 150 feet.
HISTORY: (Newly proposed; Formerly § 154.21-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.627 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard.
Forty (40) feet.
On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements.
On all lots having frontage on two streets which do not intersect, the minimum front yard requirement shall apply to each yard with street frontage.
(B) Minimum Side Yard.
Fifteen (15) feet.
(C) Minimum Rear Yard.
Ten (10) feet, except where the rear yard abuts a residential zoning district in which case the rear yard shall be not less than forty (40) feet.
(Ord. 3615. Passed 9-12-17.)
§ 154.10.628 MAXIMUM LOT COVERAGE.
The maximum lot coverage limitation is 40%.
HISTORY: (Newly proposed)
§ 154.10.629 MAXIMUM HEIGHT.
Maximum height in this district is 65 feet or four stories.
HISTORY: (Formerly § 154.22-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82; Am. Ord. 3438, passed 1-26-10.)
§ 154.10.630 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.24-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.631 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.25-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.632 OTHER REGULATIONS.
§ 154.10.633 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards.
(Ord. 3616. Passed 9-12-17.)
§ 154.10.651 M-3 RURAL MANUFACTURING DISTRICT.
The purpose of the M-3 Manufacturing District is:
(A) To reflect the existing pattern of industrial and related development within the community; and
(B) To designate and reserve certain land areas exclusively for industrial development, manufacturing, warehousing, wholesaling, and related activities which will not adversely affect their surroundings;
(C) To insure that these areas have adequate access, and can be served with necessary utilities.
HISTORY: (Formerly § 154.17-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.652 PRINCIPAL PERMITTED USES.
(A) Accessory building and structures as regulated by § 154.16.01.
(B) Accessory uses as regulated by § 154.16.01.
(C) Contractor office.
(D) Contractor shop.
(E) Contractor storage yard.
(F) Contractor sales and storage yard.
(G) Dwelling – Expansion of single-family residential dwellings constructed prior to July 13, 1982 to an extent not exceeding 50% of the gross floor area of the existing principal structure.
(H) Farming and agricultural production, and related farm uses.
(I) Manufacturing – Heavy manufacturing.
(J) Parking, On-site.
(K) Parkland – Community parkland and public open space.
(L) Recreation – Industrial recreation sites.
(M) Recreation – Private, noncommercial areas and facilities.
(N) School – Business trade school/Technical school.
(O) Truck stop.
(P) Warehousing – Mini-warehouses/Self-service storage facilities.
(Q) Warehousing – Warehousing facility/Wholesaling facility/Distribution facility.
(R) Wireless telecommunications facility.
(Ord. 3309. Passed 11-8-05.)
(S) Mobile food vendors, as provided in Section 154.16.11. (Ord. 3475. Passed 4-12-11; Ord. 3592. Passed 10-11-16.)
§ 154.10.653 CONDITIONALLY PERMITTED USES.
Subject to general conditions and supplemental requirements in this Chapter.
(A) Automotive wrecking yards.
(B) Junk yards.
(C) Office – Professional office/Business office in conjunction with mini-warehouses.
(D) Parking, Commercial.
(E) Parking, Shared.
(F) Public utility substation and transmission facilities.
(G) Resource and mineral extraction.
(H) (EDITOR’S NOTE: Former subsection (h) was repealed by Ordinance 3475, passed April 12, 2011.)
HISTORY: (Newly proposed; Formerly § 154.19-2)
§ 154.10.654 ACCESSORY USES AND STRUCTURES.
The provisions of § 154.16.01 and other regulations in this Chapter shall apply to the location and maintenance of accessory uses, buildings, and related structures.
HISTORY: (Formerly § 154.19-2.1 ; Ord. 2909, passed 10-5-93)
§ 154.10.655 MINIMUM ZONING LOT SIZE.
Industrial and Manufacturing Uses; Industrial Recreation Sites; Warehousing, Wholesaling Facilities; Building Materials Sales and Storage Yards: 43,560 square feet (one acre).
HISTORY: (Newly proposed; Formerly § 154.20-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.656 MINIMUM FRONTAGE.
Industrial and Manufacturing Uses; Industrial Recreation Sites; Warehousing, Wholesaling Facilities; Building Materials Sales and Storage Yards: 150 feet.
HISTORY: (Newly proposed; Formerly § 154.21-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.657 MINIMUM YARD REQUIREMENTS.
(A) Minimum Front Yard.
Forty (40) feet.
On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements.
On all lots having frontage on two streets which do not intersect, the minimum front yard requirement shall apply to each yard with street frontage.
(B) Minimum Side Yard.
Twenty (20) feet.
(C) Minimum Rear Yard.
Ten (10) feet, except where the rear yard abuts a residential zoning district in which case the rear yard shall be not less than forty (40) feet.
(Ord. 3615. Passed 9-12-17.)
§ 154.10.658 MAXIMUM LOT COVERAGE.
The maximum lot coverage limitation is 40%.
HISTORY: (Newly proposed)
§ 154.10.659 MAXIMUM HEIGHT.
Maximum height in this district is 45 feet or four stories.
HISTORY: (Formerly § 154.22-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.660 OFF-STREET PARKING AND LOADING.
Off-street parking or loading shall be provided in accordance with the provisions specified in § 154.12.01.
HISTORY: (Formerly § 154.24-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.661 SIGNS.
Refer to Chapter 153.
HISTORY: (Formerly § 154.25-2; Ord. 2306, passed 2-23-82; Am. Ord. 2327, passed 7-13-82)
§ 154.10.662 OTHER REGULATIONS.
§ 154.10.663 ARCHITECTURAL DESIGN STANDARDS.
New buildings and major facade alterations shall be constructed in accordance with the specifications of Section 154.17.01, Architectural Design Standards. (Ord. 3419. Passed 4-28-09.)
§ 154.10.701 PUD PLANNED UNIT DEVELOPMENT DISTRICT.
The purpose of the PUD Planned Unit Development District is to encourage imaginative and creative urban design that might not otherwise be possible with conventional zoning districts. The PUD should be a well-integrated development in terms of major design elements such as land uses, building mass, circulation, utilities, and open space. PUD’s are specifically applicable in the following circumstances;
(A) In areas having substantial or special public interest towards protecting the existing or proposed character of development, or of major scenic views of, for, or through the area;
(B) Surrounding individual public or private buildings or grounds whose uniqueness or aesthetic appeal creates a substantial or special public interest. Such districts and the regulations established therein shall be in accord and promote the goals and objectives of the Comprehensive Plan and other officially adopted plans of the city.
HISTORY: (Formerly § 154.178-1; Ord. 2695, passed 6-13-89)
§ 154.10.702 PUD REZONING AND CONCURRENT PLAN APPROVAL
The PUD District may be applied to any property in the City of West Carrollton. Upon the approval of the final development plan, according to this section, Official Municipal Zoning Map shall be amended to designate the property “PUD”.
HISTORY: (Formerly § 154.178-2; Ord. 2695, passed 6-13-89)
§ 154.10.703 REQUEST FOR PUD DISTRICT.
(A) Requests for PUD zoning may be initiated by Council, the City Planning Commission, or by all owners of the property requested to be rezoned.
(B) The minimum land area which shall be included in an original petition for a PUD shall be two acres.
HISTORY: (Formerly § 154.178-3; Ord. 2695, passed 6-13-89)
§ 154.10.704 PERMITTED USES AND DEVELOPMENT STANDARDS.
An applicant may propose to include any mixture of residential and nonresidential land uses in a proposed PUD district, provided that proposed land uses around the perimeter of the proposed PUD are permitted in the same zoning district that applies to the adjacent property. Development standards for property around the perimeter of the proposed PUD (such as yard setbacks and similar requirements) shall also closely mirror standards required for adjacent property.
§ 154.10.705 PROCEDURES AND PROVISIONS FOR APPROVAL OF PUD DISTRICT.
A request for the establishment of a PUD District shall include a preliminary plan, which shall contain the following information:
(A) Statement of intent. The application shall contain a statement of intent specifying the nature of the special or substantial public interest: its relationship to the Comprehensive Plan and objectives to be promoted;
(B) Proposed district boundaries. The recommendation shall include a map or maps indicating the boundaries of the PUD District.
(C) Proposed regulations. The preliminary plan shall include regulations, designed to promote the special purposes of the district, as set forward in the statement of intent. These regulations at a minimum shall establish specific requirements for the following design standards: lot size and frontage; maximum building height; minimum front, side, and rear yard setbacks. In addition, such regulations may require submission of detailed site plans, building plans and elevations, and maps indicating the relationship of proposed development to surrounding or otherwise affected property in terms of location, amount, character, and continuity of open space; protection of desirable principal views; convenience of access through and between buildings or in other locations where appropriate for public purposes and where such access will reduce pedestrian congestion on public streets; separation of pedestrian and vehicular traffic; signs; lighting; mixtures of proposed uses; general location and nature of screening and landscaping; off-street parking and loading; and other matters as appropriate to determinations related to the special public interest of the district and the objectives to be promoted.
(D) Council may authorize exceptions from regulations generally applying in an PUD District upon making findings that:
(1) A plan proposed by an applicant, while not strictly in accord with regulations applying generally within the district, meets public purposes and provides public protection to an equivalent or greater degree; or
(2) In the particular circumstances of the case, strict application of a particular regulation or regulations is not necessary for the accomplishment of public purposes or the provision of public protection, at the time or in the future. Such exceptions may include, but are not limited to, relocation or increase in yards or other open space generally required, reduction in height generally permitted, additional limitations on uses, and buffering and screening.
(E) Conditions for the approval of the preliminary PUD plans. On receipt of the report of the Planning Commission, the City Council shall study and review the preliminary PUD to determine:
(1) That all requirements have been satisfied; and
(2) That a finding can be made that the following specific conditions are fully met:
(a) The PUD District is in conformance with the Comprehensive Plan for the city.
(b) 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 the other zoning districts.
(c) The internal streets and major and minor streets that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated in the official thoroughfare plan of the city.
(d) The preliminary PUD plan is consistent with the intent and purpose of this zoning code, to promote public health, safety, and general welfare of the residents of the city.
(F) City Council action. Approval of the preliminary PUD plan shall require a favorable vote of the majority of the membership of the City Council. Approval of the preliminary PUD plan shall be limited to the general acceptability of the land uses proposed, proposed general density levels and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in the subsequent preparation of the detailed final PUD plan. Approval of the preliminary PUD plan shall constitute rezoning of the parcel to PUD. In taking action, City Council may deny the preliminary PUD plan or may recommend approval of the plan subject to specified modification.
(G) Amendments to PUD regulations. After a PUD District has been approved by City Council, it may be amended only by the use of the same procedures as are applicable for the original adoption of a PUD District. However, minor adjustments in the final plan, resulting from field conditions, detailed engineering data, topography, or critical design criteria pertaining to drives, curb data, retaining walls, swimming pools, tennis courts, fences, building locations, building configuration, parking area locations, or other similar project particulars, may be approved by the Planning Commission. These minor adjustments may be permitted provided they do not:
(1) Increase the density and/or approved building size or intensity of land use.
(2) Change the location or amount of land designated for specific land use, including open space.
(3) Change the internal street and thoroughfare locations or alignments.
(4) Change the mixture of proposed land uses approved for the PUD District.
HISTORY: (Formerly § 154.178-4; Ord. 2695, passed 6-13-89)
§ 154.10.706 PLAN REVIEW AND APPROVAL.
(A) Before a permit is issued for the construction, reconstruction or alteration of any building in a PUD District, detailed site plans, building plans and elevations and such other information necessary to determine compliance with the standards of the PUD District shall be submitted to the Planning Commission for approval.
(B) No such permit shall be issued without such approval. Approval may be granted for the plans as submitted, or conditionally, subject to stated modifications, or may be denied, with written reasons for the denial supplied to the applicant.
(C) Public hearings may be held in connection with such plan review process, with such public or other notice as is deemed appropriate, but shall not be required.
(D) Conditions for approval of development in the PUD District. The Planning Commission shall review all such permits and shall approve, modify or disapprove them after determining:
(1) That all requirements of the zoning district have been satisfied; and
(2) That a finding can be made that the following conditions are fully met.
(a) That the proposed PUD District plan for each individual portion of the development will serve to create a well-planned, visually appealing development which will create a positive image for the community and the neighborhood.
(b) That the internal streets, circulation areas and parking areas are suitable and adequate to accommodate anticipated traffic within the development: and that ingress/egress to the development will properly relate to the existing street system in terms of safety and ease of access.
(c) That proposed landscaping, lighting, and signage be coordinated within the site and create a visually appealing image for this major entrance to the city and for the surrounding neighborhood.
(d) That any exception from the standard requirements of the zoning code or PUD District are warranted by the design and amenities incorporated in the PUD District plan and in accordance with the adopted policy of the Planning Commission and City Council.
(e) That any part of the development not used for structures, parking and loading areas, circulation areas, shall be landscaped.
(f) That the PUD District plan is consistent with the intent of this district to create a visually appealing focal point for the community and the neighborhood and which is properly planned so as to minimize negative impacts on the surrounding transportation network.
(3) The approval of the detailed final PUD plan for any section of the total PUD District landholding shall expire if the zoning certificate or building permits required to implement the plan are not obtained within two years of the date of approval. The Planning Commission may extend the time limit of approval for a detailed final PUD plan if it finds the detailed final PUD plan still meets the original conditions for approval and there has been evidence that reasonable efforts have been made to accomplish the plan. The Planning Commission shall not consider or grant any extension when a zoning map change or text amendment has been enacted subsequent to the approval of the original of the final PUD plan which would effect the property subject to the plan.
HISTORY: (Formerly § 154.178-5 ; Ord. 2695, passed 6-13-89; Am. Ord. 3079, passed 1-27-98)
§ 154.11.01 CONVERSION OF DWELLINGS.
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within the zoning district in which the new use is permitted under this zoning code. The conversion shall be permitted only after obtaining a certificate of zoning and otherwise complying with the other provisions of this zoning code, and only when the resulting occupancy will comply with the requirements governing new residential construction in the district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to the further requirements as may be specified hereinafter within the chapter applying to the district.
HISTORY: (Formerly § 154.179 (L))
§ 154.11.02 FENCING AND WALL REGULATIONS.
All fences and walls shall be in conformance with the following provisions, except as otherwise required for screening under the provisions of this chapter.
HISTORY: (Formerly § 154.179(K))
(A) Definitions. For the purpose of this section, the following words and phrases shall have the following meanings ascribed to them respectively:
(1) Corner side yard. On a corner lot, the area between the principal building and the side lot line which abuts a public street, extending from the front line of the building to the rear line of the building, is considered to be the corner side yard.
(2) Fence height. The vertical distance from the lowest adjoining finished grade, either natural or filled, to the topmost portion of the fence. Fence posts or ornamental projections may exceed the maximum permitted fence height by up to six (6) inches.
(3) Ornamental fence. A fence which is more than fifty percent (50%) open that is intended to decorate, accent, or frame a feature of the landscape primarily for aesthetic appeal, and does not serve the purpose of enclosing, screening, or separating premises or part of any premises from adjoining premises.
(4) Perimeter fence. A barrier erected to enclose, screen or separate any premises or part of any premises from adjoining premises, but not including hedges, shrubs, trees, or other natural vegetation.
('70 Code §1319.01; amend. Ord. 2170, passed 12-11- 79; amend. Ord. 2890, passed 2-9-93)
(5) Yards. Unless otherwise defined in this section, all yards shall be defined as provided in § 154.02.01 Definitions of this Zoning Code.
(6) Yard types illustration. The following graphics are intended to illustrate the different yard types as defined above.
(B) Classification of Fences. Fences are classified as follows for the purposes of this section:
Class 1: Masonry walls.
Class 2: Iron, wood or vinyl pickets and wood split rail (more than 50% open).
Class 3: Wood, vinyl, iron, aluminum or other commonly-used fencing materials (more than 50% open).
Class 4: Wood, vinyl, iron, aluminum or other commonly-used fencing materials (less than 50% open).
Class 5: Chain link or similar woven wire, excluding chicken wire (more than 80% open).
Class 6: Barbed wire or sharp-pointed fences.
(Ord. 2890, passed 2-9-93; amend. Ord. 2952, passed 9-27-94)
(C) Permit, Plan and Inspection.
(1) In any district, a fence permit is required to erect, move, or replace an existing perimeter fence or repair 25% or more of the length of an existing perimeter fence. No perimeter fence shall be installed unless and until a permit for that purpose shall have been issued by the city. Application for such permit shall be made in writing and shall be accompanied by plans or drawings showing the actual shape and dimension of the lot on which the fence is to be installed; the exact location, height, type of material and length of the proposed fence; and the location of all buildings on the lot. The permit fees for fence permits shall be as set forth in § 37.27 of Chapter 37, General Fee Schedule, of the Codified Ordinances of the City of West Carrollton.
(2) Perimeter fences are permitted to be constructed on property lines and if not on the property line, a minimum setback of two feet or greater from the property line shall be provided to allow for maintenance of the fence and yard area falling outside the fenced area. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the city and the fence does not encroach on another lot or parcel of land. The city shall conduct an inspection to determine that the fence is constructed in accordance with the plans submitted for a permit as outlined in division (C)(1) hereof; provided, however, that the issuance of the permit by the city shall not be construed to mean the city has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed herein. (Ord. 3346, passed 7-10-07; amend. Ord. 3436, passed 12-22-09.)
(3) Ornamental fences not exceeding 42 inches in height shall not require a permit or inspection.
(4) Fences may be located within utility easement areas. However, the issuance of a permit by the city shall not be construed to mean the city has determined that proper permission has been granted from the utility provider, nor shall it relieve the property owner of the duty imposed herein. Responsibility for installing a fence within a utility easement shall rest solely with the property owner.
(D) Location and Height.
(1) Division (E), Intersection Visibility, applies to all fences.
(2) Ornamental fences up to 42 inches in height may be located in any yard.
(3) Residential and Agricultural Districts. Fences and walls within any Residential (R), Office Residential (O-R), Office (O), Limited Development (L-D), Heritage (H), Residential Planned Unit Development (R-PUD), or Agricultural (A) Zoning District shall conform to the following requirements:
(a) Required front yards. Class 2 and Class 3 fences may be erected up to a maximum height of 42 inches, except on corner lots, where approval must be obtained by the Service Director based on the relation of the fence to the intersection. These fences may be located up to and on the front property line, subject to the requirements of division (E) of this section.
(b) Side, corner side, or rear yards. Class 1, 2, 3, 4, or 5 fences may be erected up to a maximum height of 72 inches. Fences in side or rear yards may be located up to and on the side or rear lot line, subject to the requirements of division (E) of this section. Fences in corner side yards may not be located closer than three feet to the corner side lot line, except where the lot does not meet minimum lot frontage requirements, in which case the fence may be located up to and on the corner side lot line, subject to the requirements of division (E) of this section.
(4) Commercial Districts. Fences and walls within Commercial (B), City Center (CC), Olde Downtown (OD), and Planned Unit Development (PUD) Zoning Districts including those associated with all conditionally permitted uses shall conform to the following requirements.
(a) Required front yards. Class 1 and Class 3 fences may be erected up to a maximum height of 42 inches.
(b) Side, corner side, or rear yards. Class 1, 2, 3, 4, or 5 fences may be erected up to a maximum height of 72 inches. Fences in side or rear yards may be located up to and on the side or rear lot line, subject to the requirements of division (E) of this section. Fences in corner side yards may not be located closer than three feet to the corner side lot line, except where the lot does not meet minimum lot frontage requirements, in which case the fence may be located up to and on the corner side lot line, subject to the requirements of division (E) of this section. In the case of walls required to screen outdoor storage areas, the wall height shall be one foot higher than the material to be screened, but shall not exceed 12 feet.
(5) Industrial Districts. Fences and walls within Business Park and Manufacturing (M) Zoning Districts including those associated with all conditionally permitted uses shall conform to the following requirements:
(a) Required front yards. Class 1 and Class 3 fences may be erected up to a maximum height of 72 inches.
(b) Side, corner side, or rear yards. Class 1, 2, 3, 4, 5, or 6 fences may be erected up to a maximum height of 96 inches. Fences in side or rear yards in these districts may be located up to and on the side or rear lot line, subject to the requirements of division (E) of this section. Fences in corner side yards in these districts may not be located closer than three feet to the corner side lot line, except where the lot does not meet minimum lot frontage requirements, in which case the fence may be located up to and on the corner side lot line subject to the requirements of division (E) of this section. In the case of walls required to screen outdoor storage areas, the wall height shall be one foot higher than the material to be screened, but shall not exceed 12 feet.
(Ord. 2170, passed 12-11-79; amend. Ord. 2890, passed 2-9-93)
(E) Intersection Visibility. On corner lots no fence shall be erected, placed, or maintained within the public right-of-way or within the triangular yard space formed by the intersecting street lines and a line joining points on such street lines 50 feet from the point of intersection of the street lines unless reviewed and approved by the Service Director.
(Ord. 2170, passed 12-11-79; amend. Ord. 2890, passed 2-9-93)
(F) Construction Requirements.
(1) A fence that is supported by posts on the side of the fence shall be erected so that exposed posts and supporting cross-elements face the interior of the property and the finished surface faces outward to adjoining properties or public rights-of-way.
(2) Fences shall be uniformly constructed in a workmanlike manner of commonly used fencing material, including but not limited to wood, chain link, aluminum, vinyl, masonry, or wrought iron (Ord. 2890, passed 2-9-93)
(3) Prohibited materials: The following materials shall not be used for any fence or wall:
(a) Cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence;
(b) Corrugated and galvanized steel or metal sheets;
(c) Plywood, pallets, particle board, paper, visqueen plastic, plastic tarp, or similar material;
(d) Wire farm-style fencing outside of the A Agricultural District; and
(e) The use of poured concrete, concrete masonry unit, metal panel, corrugated metal, rebar or other similar product where the surface of such material is exposed and visible from any direction, shall be prohibited unless specifically permitted elsewhere in this section;
(f) Any other material not described in this section which is deemed by the city to be inconsistent with the standards of this section.
(4) The bottom of all fences shall be kept six inches above drainage swales or watercourses, and shall not cause damage to underground utilities. Any changes to existing grade shall require approval by the City Engineer.
(5) If a new fence is being constructed on the same property as an existing fence, the existing fence shall be removed in its entirety. This provision is meant to prevent a situation where a double fence row exists on an individual property.
(6) No fence shall be erected where it prevents or unreasonably obstructs the use of adjacent property, nor shall a fence be erected where it would obstruct or prevent the continued safe use of an existing driveway or other means of access to adjacent property. In enforcing this provision, the city may require a fence to be set back a minimum distance of not more than two feet from a driveway or property line in order to provide for the safe passage of pedestrians, bicyclists or vehicular traffic or other safety related concerns.
(7) Any Class 2 fence shall be permitted to have wire mesh installed on the interior side of the fence for a height of up to 42 inches. Such wire mesh, or similar material shall have openings at least one square inch in size, shall be factory coated with vinyl or a similar material and shall be a dark color such as black, green, or brown.
(8) Class 3 and 4 aluminum or iron fences must be painted black or another earthtone color; bare iron or aluminum is prohibited.
(9) All Class 1 fences used for screening purposes shall be constructed of architecturally- compatible brick or decorative stone.
(10) Class 5 fences shall not have slats, fabric, or other screening attached.
(G) Maintenance Requirements.
(1) All fences shall be constructed and maintained straight, plumb, structurally sound and of an even height along its length, except such deviations as required by grade. Such fences shall not be allowed to become or remain in a condition of disrepair including noticeable leaning or missing sections, broken supports or nonuniform height.
(2) Missing boards, pickets or posts shall be replaced with material of the same type, color and quality.
(3) Vegetation adjacent to the fence must be maintained cut and trimmed as appropriate. Any grounds between such fences and property lines shall be maintained at all times and kept free from growing or noxious vegetation.
(H) Recreational Facilities.
(1) Swimming pools. Swimming pools shall be surrounded by a fence not less than five feet in height with the widest opening dimension not exceeding four inches, and all doorways and entrances into the pool area shall be equipped with gates of equal height with the fence, and shall be provided with latches. This requirement shall not apply to above ground pools. (Ord. 2170, passed 12-11-79; amend Ord. 2890, passed 2-9-93)
(2) Tennis courts. A fence enclosing a tennis court may have a maximum height of 12 feet, provided any part of such fence above six feet must be constructed of an open material that minimally obstructs vision.
(I) Barbed Wire Fences. In districts where permitted, the barbed wire or sharp-pointed sections of fences shall not be lower than a height of 96 inches. The barbed wire must face away from the side of the fence that fronts a sidewalk or public way. (Ord. 2170, passed 12-11-79)
(J) Electrified Fences. Electrified fences may only be erected upon approval of the Board of Zoning Appeals. Authority to erect an electrified fence may be granted only on proof being shown that no harm to the public will result and that there is a definite and unusual situation which requires such a fence. (Ord. 2170, passed 12-11-79)
(K) Height of Fences Atop Retaining Walls. A combination fence and retaining wall may be erected. The retaining wall portion may be erected up to the level of the higher finished grade. The fence portion must be of the class and height permitted within the applicable district. These measurements shall be made at the point of the finished grade. (Ord. 2170, passed 12-11-79)
(L) Fences Around Trash Receptacles.
(1) All trash receptacles, including dumpsters and grease containers, sized two cubic yards or larger which are visible from the public right-of-way shall be enclosed by a view-obscuring fence with a gate or gates and both the fence and a gate or gates shall not be less than six feet in height.
(2) A fence shall not be required for trash receptacles meeting any one of the following conditions:
(a) Not visible from the public right-of-way.
(b) Located on industrial property which does not abut residential property.
(c) Used solely for and as part of an industrial manufacturing process.
(3) A gate shall not be required if the fence opening is not visible from the public right-of-way and is not visible from residential property.
(4) All fences and gates shall meet the design standards and building material specifications of the Planning and Building Department, but in no case shall chain link fence be permitted. (Ord. 3404, passed 1-27-09)
(M) Temporary Fencing. The city shall have the ability to waive the requirements for fencing as outlined in this section to accommodate temporary fencing needed during active construction activities or special events taking place on the lot in which the temporary fencing is being requested.
(N) Fences or Walls Required by the Planning Commission or the Board of Zoning Appeals. The Planning Commission or the Board of Zoning Appeals may, when acting within their review procedures, exempt a fence from the provisions of this section when it is determined that the health, safety, or general welfare would not be impaired by such an exemption. (Ord. 2170, passed 12-11-79)
(Ord. 3459, passed 11-9-10; amend Ord. 3736, passed 10-11-22)
§ 154.11.03 PERFORMANCE STANDARDS FOR NUISANCE VALUES.
The following minimum standards shall apply to all uses in the M-1 and the M-2 Districts.
(A) Fire and Explosion Hazards. All activities, including storage, involving flammable or explosive materials shall include the provision of adequate safety devices against the hazard of fire and explosion, such safety devices being standard in the industry. Burning of waste materials in open fire is prohibited at any point.
(B) Fly Ash, Dust, Fumes, Vapors, Gases, and Other Forms of Air Pollution. No emission of air pollutants shall be permitted which violate the minimum federal requirements as enforced by the Montgomery County Combined General Health District. Dust and other airborne pollutants shall be minimized through the paving, oiling, or landscaping of the lot area around any building.
(C) Glare, Heat, and Exterior Light. Any operation producing intense light or heat, such as high temperature processes like combustions, welding, or otherwise, shall be performed within an enclosed building and not be visible beyond any lot line bounding the property whereon the use is conducted. No exterior lighting shall be positioned so as to extend light or glare onto adjacent properties of rights-of-way.
(D) Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accord with standards approved by the State Environmental Protection Agency or such other governmental agency as shall have jurisdiction of such activities.
(E) Noxious Gases. Processes and operations of permitted uses capable of dispersing gases or toxic particulates into the atmosphere shall be hooded or otherwise suitably enclosed. The emission of the toxic gases or particulate matter shall be from a stack.
(F) Vibrations. No uses shall be located and no equipment shall be installed in such a way to produce intense, earthshaking vibrations which are discernible without instruments at the property lines of the subject premises.
HISTORY: (Formerly § 154.183 (A) through (F); Ord. 2306, passed 2-23-82; Am. Ord. 2760, passed 7-10-90)
§ 154.11.04 PROJECTIONS INTO YARDS.
There may be projections into required yard areas as follows:
(A) Architectural features such as awnings, cornices, eaves, and other similar features may project not more than four feet.
(B) Outside stairs and landings projecting not more than six feet.
(C) Fire escapes projecting not more than 4.5 feet.
(D) Front porches projecting not more than eight (8) feet, when open on three sides, except for railings or banisters.
(E) Bay windows, balconies, or chimneys may project into a front, side, or rear yard a distance not exceeding three feet, provided, that the aggregate width of the projection shall not exceed 1/3 of the length of the wall on which they are located.
(F) Open patios and decks may project into rear yards, provided that they shall be screened by an evergreen hedge or fence not less than four feet in height maintained in good condition when located within eight feet of the adjacent property line. But in no case shall any patio be located less than three feet from the adjacent property line, or be constructed over a public utility easement.
HISTORY: (Formerly § 154.180 (A)(2))
§ 154.11.05 SUPPLEMENTARY HEIGHT REQUIREMENTS.
The maximum heights specified for buildings in the appropriate section of this zoning code shall not apply to:
(A) Public and semipublic buildings, churches, and schools, provided that these are located on the first floor of the buildings and may provide that for each three feet by which the height of the building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional one foot over the side and rear yards, required for the highest building otherwise permitted in the district.
(B) Bulkheads, elevator penthouses, water tanks, monitors, scenery lofts, towers, and monuments, provided no linear dimensions of any such structure exceed 50% of the corresponding street lot line frontage. Fire towers, hose towers, cooling towers, gas holders, or other structures, where the manufacturing process requires more than 50% of the street lot line frontage, provided, that all the structures above the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot and shall be distant not less than 25 feet in all parts from every lot line.
(C) Church spires, belfries, cupolas and domes, monuments, water towers, masts and aerials.
(D) Parapet walls which extend not more than four feet above the limiting height of the building.
HISTORY: (Formerly § 154.180(B); Ord. 2306, passed 2-23-82; Am. Ord. 2397, passed 7-12-83; Am. Ord. 2810, passed 7-23-91)
§ 154.12.01 OFF-STREET PARKING AND LOADING REQUIREMENTS.
(A) General Requirements.
(1) All buildings, structures, and uses shall provide off-street parking and off-street loading facilities in accordance with the provision specified in this chapter, and all applicants for a zoning certificate, plan approval or conditional use permit shall include with their application a plot plan drawn to scale showing the location and arrangement of any off-street parking or loading required by this chapter.
(2) Parking spaces located within a garage structure or residential driveway, exclusive of sidewalk, common driving lanes and driveway apron, may be computed as off-street parking spaces.
(3) All required off-street loading areas and facilities shall be located off the street on the same lot as the building or use being served, and may occupy all or part of any required side or rear yard area, except that no loading area shall be located adjacent to any L-D, R, or O-R District. No permitted off-street loading space shall be located closer than 50 feet to any lot in an R District, or any residential lot in an O-R District, unless wholly enclosed within a building.
(4) Off-street Parking and Loading Space Dimensions.
(a) Each off-street parking space shall be a minimum of nine feet wide and 19 feet long. Measurement of this area shall not include access drives, aisles, ramps, columns, office or work areas, or areas devoted to the storage of materials or waste receptacles. Each off-street parking space shall have direct access to driving access aisles. Driving access aisles between vehicular parking spaces shall be not less than:
1. 12 feet in width when serving automobiles at a 45-degree angle in one direction;
2. 16 feet in width when serving automobiles parked at a 60-degree angle in one direction; and
3. 24 feet in width when serving automobiles parked perpendicularly.
(b) Each off-street loading space shall be a minimum of 12 feet in width, 65 feet in length and have a minimum vertical clearance of 15 feet. All off-street loading spaces shall have access from a public street or alley in such a manner that any vehicle leaving the premises shall be traveling in a forward motion.
(5) Utilization. Off-street parking facilities shall be used solely for the parking of motor vehicles in operating condition of patrons, guests, occupants or employees of such uses.
(a) In any L-D, R, O-R, or O District, off-street parking areas shall only be used for the storage or parking of the following:
1. Passenger automobiles, vans or pickup trucks.
2. Trucks or commercial vehicles which have a maximum manufacturer's payload capacity not greater than 10,000 pounds; or which have an overall length not greater than 19 feet, or a width not greater than 8 feet, or a height not greater than 8-1/2 feet.
(b) In any L-D, R, O-R, or O District, overnight parking or storage of the following shall be prohibited:
1. Trucks or commercial vehicles which have a maximum manufacturer's payload capacity of greater than 10,000 pounds; or which have an overall length of more than 19 feet, or a width of more than 8 feet, or a height of more than 8-1/2 feet.
2. Mobile home dwellings.
3. Buses, commercial tractors and semi-trailers as defined in § 70.01, Traffic Code.
HISTORY: (Formerly § 154.179(M)(1)(g))
(6) Lighting. All lighting used to illuminate an off-street parking or loading area shall be equipped with suitable shielding or be so arranged as to reflect light away from adjacent lots, and to prevent a glare at eye level on surrounding public or private property.
(7) Landscaping, Separation and Screening. Landscaping and screening shall be provided in accordance with Section 154.13.01.
(8) Paving. All off-street parking areas, loading areas, driving access aisles or other areas used for vehicular circulation shall be paved with asphalt, Portland cement concrete, or paver brick installed in an interlocking pattern per the manufacturer specifications.
(a) Except as provided for in § 154.12.01(A)(10), the parking or storage of any motor vehicle on an unpaved area shall be prohibited.
(b) All multi-family residential and nonresidential off-street parking and loading spaces shall be physically delineated on the parking area surface by striping designated spaces and shall be continuously maintained so as to be visibly defined at all times.
(9) Drainage. Storm water drainage facilities shall be installed in accordance with the requirements and specifications of the City Engineer, in order to ensure that storm water does not flow onto abutting property or abutting sidewalks in such a way or quantity that adjoining property owners or users of the sidewalk would be detrimentally affected or inconvenienced.
(10) Parking of Recreational Vehicles. The off-street parking or storage of any recreational vehicle shall be permitted in a residential district under the following conditions:
(a) Recreational vehicles may be parked in front of the principal building line or in a required front yard only if all of the following conditions are met:
1. Parked or stored on a paved driveway.
2. On all corner lots, all yards which front on streets shall be considered as front yards.
3. Parking or storage of any recreational vehicle exceeding 19 feet in length (excluding the tongue of a trailer), or 8 feet in width, or 8.5 feet in height shall be prohibited, except as provided in § 154.12.01(A)(10)(b).
(b) One recreational vehicle may be temporarily parked on a paved front driveway for a period of time not to exceed 72 consecutive hours within any seven (7) day period.
(c) Any recreational vehicle, regardless of size, may be parked on a paved area of the side or rear yard. A non-motorized recreational vehicle may be parked on an unpaved area of a side or rear yard, provided the ground area under and immediately surrounding where such vehicles are stored is maintained free of noxious weeds or overgrowth and debris.
(d) Parked or stored recreational vehicles shall not be connected to electricity, gas or sanitary sewer facilities other than for temporary maintenance purposes. At no time shall a recreational vehicle be used for living or housekeeping purposes.
(e) Except as provided for in § 154.12.01(A)(10)(b) above, all recreational vehicles parked or stored on a residentially zoned property shall be owned and titled to a resident of the premises.
(f) Beginning on January 1, 2002, all recreational vehicles which were legally parked or stored prior to January 1, 2002, and which do not meet the requirements of § 154.12.01(A)(10)(a) through (e), shall be considered legal, non-conforming accessory uses of land. Such non-conforming accessory uses shall be permitted to continue in accordance with the previous regulations for parking or storing such vehicles, provided that such parking or storage is not discontinued for a period of 12 consecutive months. Any non-conforming accessory recreational vehicle use which is discontinued or made to conform to the parking and storage requirements of § 154.12.01(A)(10)(a) through (e) shall thereafter conform with the current requirements and the previous non- conforming accessory recreational vehicle use shall not be reestablished.
HISTORY: (Ord. 3170, passed 3-13-01)
(11) Shared Parking: Where permitted, agreements regarding shared parking arrangements are subject to the approval of the City. Evidence that peak parking demands for either use does not conflict must be provided along with written documentation of an agreement to share specific numbers of parking spaces. This evidence may include documentation of business hours and data concerning actual parking utilization.
(B) Specific Off-street Parking and Loading Space Requirements. Off-street parking spaces shall be provided in all zoning districts of the city in accordance with the schedule outlined below. The off-street parking and loading requirements for any use not specified in this zoning code shall be the same as for a similar permitted use in the particular zoning district, as determined by the Zoning Enforcement Officer. If commercial, industrial, and manufacturing establishments are such that shipping and receiving goods are not an integral part of the business, the loading requirements may be varied or waived by the Zoning Enforcement Officer.
TYPE OF USES | REQUIRED NUMBER OF PARKING AND LOADING SPACES*
| ||
TYPE OF USES | REQUIRED NUMBER OF PARKING AND LOADING SPACES*
| ||
(1) | Manufacturing, Industrial, and Warehouse Uses Parking Requirements: | ||
(a) | Industrial and manufacturing plants | One parking space for every 500 square feet of floor area or four parking spaces for each five employees employed on the shift of greatest employment, whichever is greater. | |
(b) | Wholesale and warehouse establishments | One space for each employee, plus one space for each 2,000 square feet of gross floor area. | |
(c) The Zoning Enforcement Officer may permit these uses to provide less paved parking area if both of the following standards are met: | |||
1. In no instance shall the amount of paved parking area provided be less than one space per employee on the greatest work shift; plus one space per 5,000 square feet of floor area; plus one space for each company vehicle stored at the site. | |||
2. Sufficient land area is reserved and identified to accommodate parking for one parking space for every 500 square feet of floor area. The storm water control facilities must be able to handle the parking area for one space for every 500 square feet of floor area, or capable of increased capacity to do so. | |||
(2) | Manufacturing, Industrial, and Warehouse Uses Loading Requirements: | ||
(a) | Manufacturing and industrial plants | One loading space for every 10,000 square feet of floor area | |
(b) | Wholesale and warehouse establishments | One loading space for every 7,500 square feet of floor area | |
(3) | Commercial Uses Parking Requirements: | ||
Agricultural implement sales and service, automobile sales and service, vehicle sales | One parking space for every 1,000 square feet of enclosed floor area and one for every 3,000 square feet of open lot area | ||
Air conditioning; heating; plumbing; roofing services | One parking space for every business vehicle and one parking space for every 300 square feet of floor area | ||
TYPE OF USES
|
REQUIRED NUMBER OF PARKING AND LOADING SPACES*
| ||
TYPE OF USES
|
REQUIRED NUMBER OF PARKING AND LOADING SPACES*
| ||
Amusement center | One space for each 100 square feet of gross floor area | ||
Auditoriums, assembly halls, sports arenas and stadiums with fixed seats | One parking space for every 3.5 seats | ||
Auditoriums, assembly halls, sports arenas and stadiums without fixed seats, health clubs and spas | One parking space for every 50 square feet of floor area in the auditorium, assembly, or meeting room plus one parking space for every 200 square feet of other floor area | ||
Auto parts store | One space for each 350 sq. ft. of gross floor area | ||
Banks and savings and loan associations with drive-in facility | One parking space for every 200 square feet of floor space, plus one parking space for every employee, plus three stacking spaces are required for each drive-in window | ||
Banks and savings and loan associations without drive-in facility | One parking space for every 200 square feet of floor space plus one parking space for every employee | ||
Barber shops, beauty parlors, or similar personal services | Two parking spaces for each service chair | ||
Bed and Breakfast | One space per guest room | ||
Bowling alleys | Four parking spaces for each bowling lane | ||
Car wash - full service | One space per employee on the busiest shift, one space for drying vehicles, and two spaces for vehicles waiting for entry are required | ||
Car wash - self service | One space per employee on the busiest shift and four stacking spaces for each washing stall are required | ||
Convenience store | Five spaces for each 1,000 sq. ft. of gross floor area | ||
Day care centers, nursery schools | One space for each staff member and one space for each six children | ||
Equipment rental | One parking space for every 1,000 square feet of floor area | ||
Funeral home | One parking space for every 50 square feet of floor area of the parlor or viewing room, plus one space for each employee | ||
TYPE OF USES | REQUIRED NUMBER OF PARKING AND LOADING SPACES*
| ||
TYPE OF USES | REQUIRED NUMBER OF PARKING AND LOADING SPACES*
| ||
Furniture stores, appliance sales, carpet sales, contractor's showroom | One parking space for every 800 square feet of floor area, including warehouse area; plus one parking space for each employee; plus business vehicle parking. A minimum of five customer parking spaces must be provided | ||
Home occupation | One additional parking space | ||
Miniature Golf Course | One Space per Hole, plus one space per employee | ||
Motels | 1.2 parking spaces per one bedroom; plus parking spaces as required for restaurants, assembly rooms, and related facilities | ||
Nursery or green house | One space for each 1,000 square feet of total inside sales area and one space for each 2,000 square feet of outside sales area | ||
Oil change shop | One space is required for each employee on the busiest shift, and two stacking spaces are required for each service bay | ||
Photography studio | One space for each 300 square feet of gross floor area | ||
Printing and publishing | One space for each 1,000 sq. ft of gross floor area, and one space per employee | ||
Recreation and amusement facilities | One parking space for every five customers based on maximum capacity; plus one parking space for every two employees | ||
Restaurants | |||
Fast-food restaurants | One parking space for every two persons of capacity; plus five stacking parking spaces for drive-thru service | ||
Fast-food restaurants with no seating | Five stacking parking places; plus one parking space per 50 square feet of floor area | ||
Sit-down restaurants | One parking space for each two employees on the shift of greatest employment plus one parking space per three seats of capacity | ||
TYPE OF USES | REQUIRED NUMBER OF PARKING AND LOADING SPACES*
| ||
TYPE OF USES | REQUIRED NUMBER OF PARKING AND LOADING SPACES*
| ||
Retail sales and service, grocery stores and supermarkets, and convenience, discount, and variety stores | |||
Individual occupancy | One parking space for every 250 square feet of floor area | ||
Multiple occupancy | One parking space for every 300 square feet of floor area, excluding theaters which require additional parking spaces as required in this chapter | ||
Self-service laundries | One parking space for every three machines | ||
Self-service storage facility | One space for each 100 storage spaces, plus one space for each employee | ||
Service stations | One parking space for each employee; plus two parking spaces for each service stall, or a minimum of six parking spaces whichever is greater | ||
Taverns, cocktail lounges | One parking space per three persons of capacity | ||
Theaters | One parking space per 3.5 seats | ||
(4) | Commercial Uses Loading Requirements | ||
All commercial | One loading space for first 10,000 square feet of floor area; plus one loading space for each additional 20,000 square feet of floor area | ||
(5) | Business and Professional Offices: | ||
General offices | One parking space for every 300 square feet of floor area | ||
Medical/dental offices | One parking space for every 200 feet of floor area | ||
Veterinary office/ animal hospital | One parking space for every 400 square feet of floor area | ||
(6) | Business and Professional Office Loading Requirements | None required | |
TYPE OF USES | REQUIRED NUMBER OF PARKING AND LOADING SPACES*
|
TYPE OF USES | REQUIRED NUMBER OF PARKING AND LOADING SPACES*
| |
(7) | Churches, Schools, and Other Public and Semi-Public Uses Parking Requirements: | |
Places of public assembly including churches, synagogues, gymnasiums | One parking space for every 4.5 seats | |
Elementary and junior high schools | One parking space for every 25 classroom seats, or one parking space for every 3.5 seats in the main auditorium, whichever is greater | |
High schools | One space for each staff member plus one space for each 8 students, or one space for each 4.5 seats in the auditorium, whichever is greater | |
Hospitals | One parking space for every two beds | |
Kindergartens, public or private, and preschool | Three parking spaces for every ten children | |
Nursing homes | One parking space for every four beds | |
(8) | Churches, Schools, and Other Public and Semi-Public Uses Loading Requirements | None required |
(9) | Residential Uses Parking Requirements: | |
Housing for the elderly | One parking space per two dwelling units; plus one parking space for each full-time staff person employed by the facility | |
Single-family and two-family dwellings | Two parking spaces per dwelling unit | |
Multiple-family dwellings | 1.5 parking spaces for each efficiency or 1 bedroom unit, plus 1.75 parking spaces for each 2 bedroom unit, plus 2.25 parking spaces for each 3 or more bedroom unit | |
(10) | Residential Uses Loading Requirements: | None required |
HISTORY: (Formerly § 154.179; Ord. 2097, passed 9-26-78; Am. Ord. 2306, passed 2-23-82; Am. Ord. 2399, passed 8-9-83; Am. Ord. 2639, passed 1-26-88; Am. Ord. 2702, passed 2-28-89; Am. Ord. 2768, passed 1-22-91; Am. Ord. 2854, passed 4-14-92; Am.Ord. 2909, passed 10-5-93; Am. Ord. 3031, passed 10-22-96; Am. Ord. 3082, passed 2-24-98)
§ 154.13.01 LANDSCAPE REQUIREMENTS: SCREENING, BUFFER YARDS AND TREE LAWNS.
This section provides minimum landscaping, screening and buffer yard standards for the development of land in order to provide suitable screening between incompatible land uses; to screen from view visually undesirable uses; to provide attractive views from roads and adjacent properties; to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; and to protect the health, safety and welfare of the community through the reduction of noise, air and visual pollution, and artificial light glare. Nothing in this section shall prevent the provision of landscaping in excess of the minimums specified.
(A) Applicability. This section shall apply to new property development, and any collective substantial expansion of existing structures; except for individual single-family dwellings, two-family dwellings and the construction of parking lots of five spaces or less. Substantial expansion of existing structures shall be defined based on the criteria established below:
When existing structure is... | A substantial expansion is... | ||
0-1,000 Sq. Ft. | 50% or greater | ||
1,001-10,000 Sq. Ft. | 40% or greater | ||
10,001-25,000 Sq. Ft. | 30% or greater | ||
25,001-50,000 Sq. Ft. | 20% or greater | ||
50,001 Sq. Ft. and larger | 10% or greater | ||
(B) General Requirements for Submission. A landscape plan shall be submitted for any property to which this section applies. When new property development, or the expansion of an existing structure, involves the construction of more than 50,000 square feet of floor area, the landscape plan shall be prepared by a Landscape Architect, registered in the State of Ohio. All landscape plans shall contain the following information:
(1) Plans must be at a reasonable scale to indicate all types of proposed landscape improvements at a minimum of 1 inch equals 20 feet and shall at least include the following information:
(a) North arrow and scale.
(b) The name of the applicant/owner.
(c) The name, registration number, address and phone number of the person or firm responsible for the preparation of the landscape plans (if applicable).
(d) The dates on which plans are submitted or revised.
(e) All existing and proposed buildings and other structures, paved areas, planted areas, water outlets, utility poles, fire hydrants, light standards, underground utilities, signs, fences, dumpster locations and other permanent features to be added or retained on the site.
(f) All existing plant material to be removed or retained and a schedule of all new landscaping materials to be installed. The plant list shall include the common names, specified installation size, and on center planting dimensions when applicable. When the list of plant material to be removed contains existing trees, the landscape plan shall justify that building location and placement has been developed with due consideration given to minimizing removal of trees. Quantities required shall be referenced on the plan.
(g) All existing and proposed streets, sidewalks, curbs and gutters, railroad tracks, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site.
(h) All property lines and easements.
(i) Any other information which is determined necessary to adequately review the proposal.
(2) Typical details shall be shown for the planting of trees, shrubs and ground cover, and the installation of retaining walls, and other landscape features within the landscaped areas.
(C) Approval. Approval for landscaped areas shall be as follows:
(1) No site or development plan or zoning certificate shall receive final approval unless a landscape plan meeting all of the requirements of this Section has been submitted and approved.
(2) No Certificate of Occupancy shall be issued unless the following criteria are fully satisfied with regard to the approved landscape plan:
(a) Such plan has been fully implemented on the site; or
(b) Such plan, because of seasonal conditions, cannot be implemented immediately, but has been guaranteed by a postponed improvement agreement between the applicant and the city. Such an agreement may include a bond or irrevocable letter of credit that guarantees that the approved landscaping plan will be installed within six months after the date of posting the bond or irrevocable letter of credit. A one-month extension of the planting period may be granted by the Planning Division upon demonstration by the property owner that such an extension is warranted because of adverse weather conditions or unavailability of required plant materials. No more than three such one-month extensions may be granted. Foreclosure proceedings shall be brought against the performance bond or irrevocable letter of credit if the required landscaping plans have not been complied with by the end of the approved period.
(D) Landscape and Buffer Yard Standards.
(1) Minimum Plant Material Specifications. All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. At installation, plant material shall meet the following size minimums:
(a) Deciduous trees shall be 1-3/4 inch diameter for canopy shade and shade trees and 1-1/2 inch diameter for small accent and ornamental trees (as measured six inches above ground). Refer to Recommended Master Plant Material List for listing of trees.
(b) Evergreen trees shall be a minimum of four feet tall.
(c) Shrubs shall be a minimum of 18 inches in height and width at planting.
(2) Maintenance and Replacement for Required Landscape Areas and Buffer Yards. All landscaping materials shall be installed in accordance with accepted, good construction and planting procedures. The owner/lessee or responsible party of the property shall be responsible for the continued maintenance of all landscaping materials and areas, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first. Violation of these installation and maintenance provisions shall be grounds for the city to refuse a building occupancy permit, require replacement of the landscape material or institute legal proceedings to enforce the provisions of this section. Proper maintenance should be accomplished by the following standards:
(a) All plant growth in landscaped areas shall be controlled by pruning, trimming, or other suitable methods so that plant materials do not interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a hazard.
(b) All planted areas shall be maintained in a weed-free condition, clear of undesirable undergrowth, and free from refuse and debris.
(c) Replacement plants shall conform to the standards that govern the original installation. Dead or unhealthy plants shall be replaced within the next planting season.
(d) Representatives of the city may inspect landscaping and compare observed conditions with the approved landscaping plan on file.
(3) Buffer Yard Establishment. When a continuous physical screen is required to prevent visual access from one use to another, then a buffer yard will be required as identified in the "Landscape Requirements Matrix" in § 154.13.01(I). Once a buffer yard has been approved by the city and established by the owner, it may not be used, disturbed or altered unless it complies with the regulations of this section.
(4) Protection of Landscaping. All landscaping shall be protected from damage by vehicles and pedestrians by the use of curbing, bollards, fencing, or other devices.
(E) Screening and Buffering. To provide protective screening and buffers for residential areas adjacent to nonresidential areas, a view obscuring wall, fence or greenbelt shall be provided by the nonresidential property owner in accordance with the following:
(1) Where vegetative and/or topographic conditions that provide a natural screening
and buffer exists prior to development of properties in question, every effort shall be made to retain such conditions. In such cases, additional screening may not be required, provided that provision is made for maintenance of such areas.
(2) The requirement for a wall, fence or greenbelt may be waived if equivalent screening is provided by existing or planned parks, parkways, recreation areas or by topography or their natural conditions.
(3) The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition.
(F) Right-of-way, Easements, and Setbacks.
(1) Required landscaping may be placed wholly or partially in the right-of-way, utility or other easements, providing all landscaping requirements can be fulfilled and written approval is granted by the holder of the easements and/or right-of-way.
(2) Street trees shall be located no greater than 10 feet behind the right-of-way. Street trees may be placed within the tree lawn upon approval of the Parks and Recreation Director and Service Director. Shrubs shall not be permitted in tree lawns. Trees placed under overhead utility wires shall be chosen from the appropriate section of the "Master Plant Material List."
(3) In no case, however, shall landscaping and buffer yards be established so as to block the sight distance at street or drive intersections. Sight distance concerns shall be reviewed and approved by the Service Director. Ground cover and trees with at least eight feet of limbless trunk may be permitted within the sight distance triangle. In the case of a city street intersection, the sight triangle shall consist of the area between points 50 feet along both intersecting streets from their respective edge of pavements.
(G) Landscaping for Vehicular Use Areas. Landscaping within parking areas, whether ground cover or upright plant material, is necessary not only to reduce the generation of heat and water runoff, but to break up, visually, the expanse of paved areas. The use of parking islands or peninsulas strategically placed throughout the parking lot is required to landscape parking lot interiors. The use of shade trees in these landscape areas is encouraged. All off-street parking areas, access drives or other vehicle use areas shall be landscaped with plantings of grass, shrubs or trees according to the following minimum requirements:
(1) Amount of Landscaping Required.
(a) Landscaping for any outdoor parking area containing six or more spaces shall be provided around its perimeter as indicated in the "Landscape Requirements Matrix."
(b) Vehicular use areas containing more than 6,000 square feet of area or 20 or more vehicular parking spaces, whichever is less, shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil as well as perimeter landscaping. An area equal to five percent (5%) of the total area devoted to parking space and parking lanes shall be landscaped and permeable.
(2) Interior Landscape Requirements.
(a) Minimum area. The minimum landscape area permitted shall be 112 square feet, with a minimum inside dimension width of seven feet.
(b) Maximum contiguous area. In order to encourage the required landscape areas to be properly dispersed, no individual landscape area shall be larger than 350 square feet in size in vehicular use areas less than 30,000 square feet and no individual area shall be larger than 1,500 square feet in size in vehicular areas over 30,000 square feet. Individual landscape areas larger than that indicated above shall be permitted as long as the additional area is in excess of the required minimum total for the vehicular use area,
(3) Minimum Tree Specifications.
(a) Two trees shall be installed for every 5,000 square feet of total ground covered by structures and pavement.
(b) To retain visibility, deciduous trees have a clear trunk of at least five feet above the ground. The remaining area shall be landscaped with hardwood mulch, shrubs, and/or ground cover, not to exceed two feet in height.
(c) Trees shall be planted at least four foot from the edge of pavement where vehicles overhang.
(d) Permitted trees to fulfill this requirement include those listed in the appropriate section of the “Recommended List of Trees for West Carrollton.” Grouped ornamental and evergreen trees cannot be used to fulfill this requirement. The required number of trees may be placed in any landscaped area of sufficient size to support a mature tree specimen and shall meet the requirements defined in § 154.13.01(D) above.
(4) Vehicle Overhang. Parked vehicles may hang over the interior landscaped area no more than two (2) feet. Concrete or other wheel stops shall be provided to ensure no greater overhang or penetration into the landscaped area.
(5) Grass or ground cover shall be planted on all portions of the property not occupied by structures, vehicular use areas or other plant material. Any form of mulch shall only define a landscaped area and shall not be permitted to be installed in lieu of grass or ground cover.
(H) Landscaping for Service Areas and Structures. Service structures shall be screened in all zoning districts. Service structures shall include but not be limited to: loading docks, propane tanks, dumpsters, outdoor storage areas, electrical transformers, utility vaults and other equipment or elements providing service to a building or a site. Structures may be grouped together, however, screening height shall be based upon the tallest of the structures.
(1) Location of Screening. A continuous planting of evergreen, fence, wall or earthen mound must enclose any service structure on all sides, unless such structure must be frequently moved or accessed, in which case screening material shall be established on three sides and shall be at least one foot taller than the height of the enclosed structure, but shall not be required to exceed ten feet in height in any case. If the fourth side is visible from the public right-of-way, it shall be gated and screened. Plant material used to screen a service structure shall be an evergreen species that retains its needles throughout the year. Deciduous plant material cannot be used to fulfill this screening requirement. The height of the evergreen plant material at installation must be equal to, or greater than, two-thirds of the height of the service structure(s) and meet the height and one hundred percent (100%) opacity requirement within four years.
(2) Whenever a service structure is located next to a building, wall, or vehicular use area, the building, wall, or vehicular use
screening material may fulfill the screening requirement for that side of the service structure if the building, wall, or screening material is of sufficient height to meet the height requirements set out in this section.
(3) Whenever service structures are screened by plant material, such material may count toward the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.
(4) Protection of Screening. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regular basis, a barrier shall be provided which will prevent damage to the screening when the container is moved or emptied.
(I) Landscape Requirements Matrix.
WHEN... | IS PROPOSED TO ABUT... | A MINIMUM LANDSCAPE REQUIREMENT OF... | PLANT MATERIAL |
Any commercial land use | Any L-D, R, or O-R district or land use | 20 feet side and rear buffer yard is required with... | EITHER
(1) 1 shade tree @ 30 feet on-center; and (2) A double row 6 feet tall dense hedge. OR 1. 6 feet solid wall, fence or earth mound; and 2. 3 feet tall dense hedge @ 3 feet on-center, located on the outside of the fence or wall; and 3. 1 street tree @ 30 feet on-center. OR 1. A double row, staggered planting of evergreen trees, 15 feet on-center. |
Any manufacturing or industrial land use | Any L-D, R, or O-R district or land use. | 20 feet side and rear buffer yard is required with... | EITHER 1. 25 feet wide earthen berm; and 2. A double row of staggered evergreen trees @ 15 feet on-center OR 1. 6 feet solid wall or fence; and 2. 3 feet tall dense hedge, located on the outside of the fence or wall. FOR STORAGE YARDS 1. 6 feet solid wall or fence; and 2. 6 feet tall dense hedge if storage yard is in the front yard or parallel to access drive |
WHEN... | IS PROPOSED TO ABUT... | A MINIMUM LANDSCAPE REQUIREMENT OF... | PLANT MATERIAL |
Any multi-family land use | Any L-D, R, or O-R district or land use | 15 feet side and rear buffer yard is required with... | EITHER 1. 1 shade tree @ 30 feet on-center; and 2. A double row 6 feet dense hedge. OR 1. 6 feet solid wall, fence or earth mound; and 2. A 3 feet tall dense hedge, located on the outside of the fence or wall. OR 1. A staggered, double row, planting of evergreen trees @ 15 feet on-center |
Any institutional land use | Any L-D, R, or O-R district or land use | 15 feet side and rear buffer yard is required with... | EITHER (1. A staggered, double row planting of evergreen trees @ 15 feet on-center. OR 1. A single row 6 feet dense hedge OR 1. A 6 feet solid wall or fence; and 2. 1 shade tree @ 30 feet on-center. |
Any land use except single family and two-family dwellings | The public right-of-way, public or private street | Planting within the tree lawn, between the curb and sidewalk or edge or pavement and sidewalk. | 1 shade tree @ 30 feet on-center |
Any land use except single family and two family dwellings | The public right-of-way, public or private street | 10% of total required front yard area must be landscaped with... | A combination of trees, shrubs, planting beds and/or perennials in a motif designed by the owner. This is in addition to other required landscaping. |
WHEN... | IS PROPOSED TO ABUT... | A MINIMUM LANDSCAPE REQUIREMENT OF... | PLANT MATERIAL |
A vehicular use area associated with any district or land use except single-family residences | Any public or private street | Five (5) feet perimeter screening with a 6 inch concrete curb on the parking lot side, and with... | EITHER 1. 1 shade tree @ 30 feet on-center; and 2. shrubs @ 3 feet on-center. OR 1. 1 accent tree @ 25 feet on-center (1 tree minimum); and 2. shrubs @ 3 feet on-center. |
(J) Modification. The city shall have the authority to modify any of the aforementioned requirements when considering a proposed site plan in order to address unique site-specific conditions or circumstances or with respect to changes in elevation, environmental impact, durability of plant material, aesthetic appeal, and any other factor that will result in a more compatible buffer or screen with the surrounding neighborhood at the time of application. The city shall base its decision on all of the following criteria:
(1) The specific conditions which are unique to the applicant's land.
(2) The manner in which the strict application of the provision of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone.
(3) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this section.
(4) Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.
(5) A demonstration that the applicant has provided for a buffer that achieves the spirit of this section.
(K) Specifications for Plant Material. The above sections include specifications for plant materials. All plant material shall be nursery grown in accordance with good horticultural practices. Plant material shall meet current standards set by the American Association of Nurserymen and shall be freshly dug, have outstanding form and be free of disease, insects and/or damage. Alternatives to these materials that can be shown to meet both the intent and requirements of this Zoning Code may be approved as part of a site plan:
(1) Shrubs. Shrubs shall be at least 18 inches average height at the time of planting, and where required for screening, shall form a continuous, year-round, solid visual screen within five (5) years after planting.
(2) Ground Cover and Grass. Ground cover shall be planted a minimum of eight inches (8 in) on center and shall be planted in such a manner to present a finished appearance and seventy-five percent (75%) coverage after one (1) complete growing season. Grass shall be planted in species normally grown as permanent lawns. Grass species shall be selected to assure slow growth and low water consumption whenever possible. If approved as part of a Site Plan, ground cover may also consist of rocks, pebbles, wood chips, and other material.
(3) Vines. Shall be at least 12 to 15 inches high at planting, and are generally used in conjunction with walls and fences.
(4) Prohibited Species. Species considered exotic and invasive shall not be utilized. Within any required landscaping, the following tree species may not be used:
Common Name
|
Scientific Name
|
Box Elder | Acer Negundo |
Common Name
|
Scientific Name
|
Box Elder | Acer Negundo |
Silver Maple | Acer Saccharinum |
Buckeye, Horsechestnut | Aesculus Species |
Tree of Heaven | Ailanthus Altissima |
Paper Birch | Betula Papyrifera |
European White Birch | Betula Pendula |
Northern Catalpa | Catalpa Speciosa |
Ginkgo (Female) | Ginkgo Biloba |
Osage-orange | Maclura Ponifera |
Apple | Malus Punila |
Mulberry | Morus Species |
Poplar | Populus Species |
Bradford Pear | Pyrus Calleryana “Bradford” |
Upright English Oak | Quercus Robur “Fastigiata” |
Black Locust | Robinia Pseudoacacia |
Willow | Salix Species |
European Mountain Ash | Sorbus Aucuparia |
Moline American Elm | Ulmus Americana “Moline” |
Siberian Elm | Ulmus Pumila |
(5) In addition to the species listed above, trees which produce nuts, seeds, or fruit that can create a hazard to pedestrians or vehicles, shall not be planted in such a manner that the natural dripline of an average adult tree of the species planted will be any closer than three feet (3 ft.) of a pedestrian walkway or parking lot.
(6) Diversity. As a rule, streets are often more attractive when they contain only one kind of tree. However the use of several varieties adds interest to the plantings of the city and insures against the loss of all trees in case of an epidemic disease striking any one species. The International Society of Arboriculture’s “Diversification Formula” will be used as a guideline to prevent over planting of a single tree species or family. This formula states that, out of the total tree planting, no more than 10% should be from one family, and no more than 5% should be of one species. See Section L which follows, the “Recommended Trees for West Carrollton.”
(L) Recommended Trees for West Carrollton. This list of recommended trees for West Carrollton is designed to encourage an imaginative selection of landscape trees. Careful selection will prevent an over-dependence on a few species. This compilation will be useful to residents, nurserymen, horticulturalists, landscapers, developers and landscape architects. Planting and maintaining a diverse urban forest is the goal of West Carrollton’s tree programs. This idea is reflected in landscape plan approval by the West Carrollton Planning Commission and in the tree planting and replacement by the city.
Along an individual street, uniform street tree plantings are desirable. However, over-use of a few species is inevitable without a conscious effort to vary plant species and families.
This list is divided into three size categories: large trees which mature at a height of 50 feet or more (Group A); medium trees reaching a mature height of between 30 and 50 feet (Group B); and small trees which range from 10 to 30 feet at maturity (Group C). Tree lawn sizes must accommodate the tree size planted: Group A (> 7 ft.) Group B (4-7 ft.), Group C (3-4 ft.). Use under utility lines is limited to small trees (Group C), although medium trees may be planted as close as 10 lateral feet to utility lines.
Trees are alphabetized by their scientific name with the common name given. Species considered invasive exotics should be avoided. (i.e. Norway Maple, Acer platanoides). Other species not on this list must be approved.
Approved Street Trees for West Carrollton, Ohio
(1) Large Trees (Group A).
Common Name | Scientific Name |
Common Name | Scientific Name |
Bald Cypress | Taxodium Distichum |
Black Gum (Tupelo) | Nyssa Sylvatica |
Bur Oak | Quercus Macrocarpa |
Chinkapin Oak | Quercus Muehlenbergii |
Freemani Maple | Acer X Freemani |
Ginkgo (Male) | Gingko Biloba |
Green Ash | Fraxinus Pennsylvanica |
Hybrid Elm | Ulmus X Spp. |
Japanese Pagoda Tree | Sophora Japonica |
Katsura Tree | Cercidiphyllum Japonicum |
Kentucky Coffeetree | Gymnocladus Diocus |
Lacebark Elm | Ulmus Parvifolia |
Red Maple (Native) | Acer Rubrum |
Red Oak | Quercus Rubra |
River Birch | Betula Nigra |
Sassafras | Sassafras Albinum |
Shingle Oak | Quercus Imbricaria |
Shumard Oak | Quercus Shumardii |
Silver Linden | Tilia Tomentosa |
Sugar Maple | Acer Saccharum |
Swamp White Oak | Quercus Bicolor |
Sweetgum (Northern Seed Source) | Liquidambar Styraciflua |
Turkish Filbert | Corylus Colurna |
White Ash | Fraxinus Americana |
(2) Medium Trees (Group B).
Common Name
|
Scientific Name
|
Amur Corktree | Phellodendron Amurense |
Hedge Maple | Acer Campestre |
Honeylocust | Gleditsia Triacanthos Var. Inermis |
Purpleglow Maple (Shantung Maple) | Acer Truncatum |
Sargent Cherry | Prunus Sargentii |
Sawtooth Oak | Quercus Acutissima |
(3) Small Trees (Group C).
Common Name | Scientific Name |
Autumnalis Cherry | Prunus Subhirtella Var. Autumnalis |
Flowering Crabapple | Malus Spp. |
Japanese Tree Lilac | Syringa Reticulata |
Kousa Dogwood | Cornus Kousa |
Serviceberry | Amelanchier Arborea Amelanchier X Grandiflora |
Thornless Hawthorn | Crataegus Crusgalli Var. Inermis |
§ 154.14.01 SITE PLAN REVIEW REQUIREMENTS.
(A) When Site Plan Required.
(1) A site plan is required when the proposed development meets any of the following:
(a) A conditional use or PUD application;
(b) Multi-family dwellings of over six (6) units; or
(c) New commercial or industrial property development.
(d) A substantial expansion of existing commercial or industrial structures defined as follows:
1. Fifty (50) percent or greater expansion of an existing structure or structures which comprise(s) one thousand (1,000) square feet or less.
2. Forty (40) percent or greater expansion of an existing structure or structures which comprise(s) one thousand and one (1,001) to ten thousand (10,000) square feet.
3. Thirty (30) percent or greater expansion of an existing structure or structures which comprise(s) ten thousand and one (10,001) to twenty-five thousand (25,000) square feet.
4. Twenty (20) percent or greater expansion of an existing structure or structures which comprise(s) twenty five thousand and one (25,001) to fifty thousand (50,000) square feet.
5. Ten (10) percent or greater expansion of an existing structure or structures which comprise(s) fifty thousand and one (50,001) square feet or more.
(Ord. 3528. Passed 6-25-13.)
(2) In order to promote the appropriate preparation of a site plan consistent with the goals and objectives of this Zoning Code, the Planning Commission may encourage and engage in informal discussions with the applicant prior to formal submission of the site plan. Such review of preliminary plans and issues will provide greater assurance that the project complies with the objectives, standards, and criteria of this Zoning Code before major design and engineering expenditures have been committed to the project. This review reduces the likelihood that major adjustments and revisions would be required as a result of deficiencies found during the formal review of the plans.
(B) Formal Applications for Site Plan Approval. All applications for site plan approval shall be submitted to the Zoning Enforcement Officer and shall contain the following information:
(1) A written description of proposed development that includes:
(a) The applicant’s name, address, and phone number;
(b) A signed statement that the applicant is the owner of the property or officially acting on the owner’s behalf;
(c) The address and parcel number of the property;
(d) The name and address of the property owner(s) of record, if the applicant is not the owner;
(e) Name and address of the engineer, architect, and/or surveyor;
(f) Project description, including the total number of structures, units, bedrooms, offices, square feet, total and useable floor area, parking spaces, employees by shift, and similar related project-specific information;
(g) Project completion schedule/development phases; and
(h) Names and addresses of all contiguous and adjacent property owners.
(2) A traffic impact study (if required according to § 154.14.02).
(3) When a Storm Water Pollution Prevention Plan (SWP3) is required in accordance with Ohio Environmental Protection Agency regulations, a copy of such plan shall be submitted with the site plan.
(4) Site plan drawing(s) which illustrate the following information:
(a) A vicinity map drawn at a scale of 1” = 2000’ and a site/landscape plan at a scale of not less than one inch equals 50 feet, with north arrow indicated;
(b) The gross and net acreage of all parcels in the project;
(c) Land uses, zoning classification, and existing structures on the subject parcel and adjoining parcels;
(d) Location of proposed and/or existing property lines, dimensions, legal descriptions, setback lines, and monument locations;
(e) Existing topographic elevations at two-foot intervals, proposed grades, and direction of drainage flows;
(f) Location and type of existing trees on the site with a diameter of six inches (6") or more at four and one-half feet (4-1/2') feet above grade. Included with the location of the tree should be the associated “drip line;”
(g) Location and elevations of existing watercourses and water bodies, including natural and/or man-made surface drainage ways, flood plains, and wetlands;
(h) Location of existing and proposed buildings and intended uses thereof, as well as the length, width, and height of each building;
(i) Proposed location of accessory structures, buildings, and uses including, but not limited to, all flagpoles, light poles, bulkheads, docks, storage sheds, transformers, air conditioners, generators, and similar equipment, and the method of screening where applicable;
(j) Location of existing public roads, rights-of-way and private easements of record, and abutting streets;
(k) Location and dimensions of proposed streets, drives, curb cuts, and access easements, as well as acceleration, deceleration, and passing lanes (if any) serving the development;
(l) Location, design, and dimensions of existing and/or proposed curbing, barrier-free access, carports, parking areas (including indication of all spaces and method of surfacing), fire lanes, and all lighting thereof;
(m) Location, size, and characteristics of all loading and unloading areas;
(n) Location and design of all sidewalks, walkways, bicycle paths, and areas for public use;
(o) Location of water supply lines and/or wells including fire hydrants and shut off valves, and the location and design of storm sewers, retention or detention ponds, waste water lines, clean out locations, connection points, and treatment systems including septic systems, if applicable;
(p) Location of all other utilities on the site including but not limited to natural gas, electric, cable TV, telephone, and steam;
(q) Proposed location, dimensions and details of common open spaces and common facilities such as community buildings or swimming pools, if applicable;
(r) Location, size, and specifications of all signs and advertising features;
(s) Exterior lighting locations with area of illumination illustrated, as well as the type of fixtures and shielding to be used;
(t) Location and specifications for all fences, walls, and other screening features with cross- sections;
(u) Location and specifications for all proposed perimeter and internal landscaping, and other buffering features. For each new landscape material, the proposed size at the time of planting must be indicated. All vegetation to be retained on the site must also be indicated, as well as its typical size by general location, or range of sizes as appropriate;
(v) Location, size, and specifications for screening of all trash receptacles and other solid waste disposal facilities;
(w) Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials or hazardous materials, as well as any containment structures or clear zones required by government authorities;
(x) Identification of any significant site amenities or unique natural features;
(y) Identification of any significant views onto or from the site, to or from adjoining areas; and
(z) North arrow, scale, and date of original submittal and last revision.
(C) Site Plan Review.
(1) Approval Process. All applications for site plan approval shall be submitted to the Zoning Enforcement Officer. Once deemed to be complete, the Planning Commission shall review all submitted materials and may approve (or approve with modifications) a site plan and authorize the issuance of a zoning certificate upon finding said plans are consistent with the purposes, objectives, and requirements of this Zoning Code.
(a) The Planning Commission shall take action on any site plan submitted under this section within sixty (60) days from the time the Zoning Enforcement Officer receives a complete submission of required materials. Any person submitting a site plan may agree to a longer review period by the Planning Commission.
(b) Prior to authorizing the issuance of zoning certificates, the Board may seek expert advice or cause special studies to be made for input to its review of any plans or proposals submitted. Proposed building plans shall be reviewed by building officials and authorized representatives of the Fire Department to assure conformance with appropriate fire, safety, building, and sanitary conditions.
(c) The applicant may be requested or may volunteer to provide additional information or re- study all or part of the proposal, or to have additional studies done. The costs of securing expert advise or studies shall be borne by the applicant, but in no event shall such cost exceed the sum of one thousand dollars ($1,000) unless agreed to by the applicant. The Planning Commission may submit any or all site plans and proposals to any other similar organization for review and recommendations prior to acting on any such plan.
(d) When a particular site plan involves a variance request and/or conditional use approval, the Planning Commission may consider such matters concurrently with site plan approval provided all other applicable hearing and notification requirements are met.
(2) Review Criteria. All site plans shall be reviewed on the basis of uniform criteria that advance the principals of good site design to provide safe vehicular access and pedestrian movement. Site plans shall also be reviewed on the basis of achieving site designs that will promote a healthy natural and built environment for residents and will advance principles defined in applicable community planning documents and this Zoning Code. Specific approval criteria include the following:
(a) The site plan shall show (consistent with the findings of a Traffic Impact Study if included) that a proper relationship will exist between thoroughfares, service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety on both public and private lands.
(b) All development features, including the principal buildings, open spaces, service roads, driveways and parking areas, shall be so located and related as to minimize the possibility of adverse effects upon adjacent development.
(c) Building location and placement shall be developed with consideration given to minimizing removal of trees (in accordance with former § 154.13.01(B)(1)(f) and change of topography.
(d) Maximum visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.
(e) Parking area landscaping and screening shall channel traffic flow in a safe manner, and on-site traffic circulation shall be designed to provide adequate access for fire and police protection, and minimize interference with the traffic carrying capacity of adjacent streets.
(f) Refuse storage and pick-up facilities shall be indicated on the site plan and shall be fenced, screened, or landscaped to prevent blowing or scattering of refuse, and to provide an adequate visual barrier from locations both on- and off-site.
(g) All utilities on-site shall be located underground.
(h) Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, streams, and public streets, and to minimize the possibility of erosion in a manner consistent with the requirements of a Storm Water Pollution Prevention Plan (SWP3).
(i) The design and construction standards of all private roads, driveways, and parking areas, shall conform to the provisions of former § 154.12.01 and/or as may be recommended through engineering review. All private streets, driveways, and parking areas are to be of a useable shape and improved with asphalt, concrete, or other durable and dustless pavement or surface.
(j) When a proposed site plan includes a conditional use and/or variance, respective standards and conditions contained in Sections 154.06.01 and 154.07.01 shall be met.
(3) Action on Site Plans.
(a) The Planning Commission shall take one of three actions on a site plan as described below:
1. A site plan may be approved as submitted.
2. A site plan may be approved with modifications expressly stated in a motion passed by the Planning Commission.
3. A site plan may be approved as submitted (or with modifications) in phases as described in subsection F of this Section.
(b) Within 180 days following action by the Planning Commission, the applicant shall obtain a Zoning Permit in accordance with the requirements in § 154.05.07.
(D) Conformance with Approved Site Plans. All aspects of the development shall conform to the approved site plan.
(E) Amendments to Approved Site Plans. Amendments to approved site plans may be made in the same manner as an original site plan approval except that an applicant need not resubmit information that has already been submitted as part of a previous site plan review process.
(F) Phased Site Plans. In order to assure that a project will be developed in a manner consistent with the purposes of this Zoning Code, the Planning Commission may require or agree that the site plan(s) for a project be submitted indicating development in phases, if such project can logically be divided into phases. The Planning Commission shall review the entire project for conformance with all applicable regulations in this Code and shall give preliminary approval to the entire project if it so conforms. However, the Planning Commission shall also have the power to limit final approval and authorization for the Zoning Enforcement Officer to issue zoning or conditional zoning certificates to one section or phase of the total development at a time. Approval of subsequent phases shall be given subject to the following:
(1) Upon substantial compliance with the site plan(s) given preliminary approval; and
(2) Upon conformance with all applicable regulations of this Zoning Code; and
(3) Upon a finding by the Planning Commission that all preceding phases conform to all requirements of this Zoning Code and conform to approved site plans.
HISTORY: (Newly proposed)
(G) Guarantee for Installation of Public Improvements.
(1) All site improvements shall conform to the approved site plan and construction plans.
(2) To provide assurance to the City that public improvements will be completed once construction has begun, the developer shall furnish a bond executed by a surety company, letter of credit, or certified check equal to the cost of construction of such public improvements as shown on the approved plans, and based on an estimate approved by the City Manager as advised by the Service Director and in a form approved by the Law Director. Such surety shall be provided prior to issuance of a building permit for the project. Letters of credit shall not permit draws by the developer without the express approval of the City.
(a) For the purposes of this section, construction shall be defined as any man-made change to improved or unimproved real estate related to one or more of the following public improvements: earth-disturbing activities including clearing, excavating, filling, and grading of property; driveway approaches; sidewalks; street surfacing; curbs, gutters, and public sanitary sewers; public water supply; stormwater detention facilities; stormwater best management practices for runoff quality; and street signs.
(3) The performance bond, letter of credit, or certified check shall run to the City and shall provide that the developer, his heirs, successors and assigns, their agent or servants, upon commencement of construction, will comply with all applicable terms, conditions, provisions and requirements of these regulations; will faithfully perform and complete the work of constructing and installing all public improvements in accordance with such laws and regulations; will complete all public improvements prior to issuance of a final occupancy permit for the project; and will complete all public improvements within one (1) year from the date of final approval of the building permit, but the bond or letter of credit will run indefinitely until released by the City. In no case shall the work be completed after one (1) year from the date of final approval of the building permit, unless an extension is granted by the City as specified below.
(4) Upon commencement of construction, if the installation of any public improvement, for which guarantee has been made by the developer in the form of bond, letter of credit, or certified check, is not completed within one (1) year from the date of final approval of the building permit, the developer may request the City to grant an extension of six (6) months, provided (s)he can show reasonable cause for inability to complete said public improvement(s) within the required one (1) year. A maximum of two six-month extensions may be granted. At the expiration of the extension(s), the City will use as much of the bond, letter of credit, or certified check as necessary to complete the construction of the public improvements.
(5) All public improvements located within the public right-of-way shall be completed within 14 days of initial excavation, unless an extension is granted for reasonable cause by the City Manager as advised by the Service Director and Director of City Planning.
(6) As required public improvements are completed, approved, and accepted, the City Manager, as advised by the Service Director and Director of City Planning, may reduce the amount of the performance bond, letter of credit, or certified check.
(7) Periodic inspections during the installation of public improvements shall be made by the City to ensure conformity with the approved plans and specifications as required by these regulations.
(8) The developer shall schedule required inspections at least forty-eight (48) hours in advance with proper administrative officials.
(9) The absence of an inspector from a project during construction shall not relieve the developer from full responsibility under this agreement. Upon acceptable completion of installation of the required public improvements, the City Manager as advised by the Service Director and Director of City Planning shall issue a letter to the developer or his/her agent and such letter shall be sufficient evidence for the release by the City.
(10) When the Service Director and Director of City Planning, following final inspection of a project, certify to the City Manager that all public improvements have been constructed in accordance with City specifications, the City Manager may proceed to accept the facilities for which bond, letter of credit, or certified check has been posted.
(11) Whenever public improvements have not been constructed in accordance with the agreement and with specifications as established, the City Manager as advised by the Service Director and Director of City Planning may exercise his/her rights of foreclosure under the bond, letter of credit, or certified check.
(12) Should construction not commence prior to expiration of the building permit and any extensions granted in accordance with this section, the performance bond, letter of credit, or certified check shall be released in its entirety by the City. (Ord. 3477. Passed 4-12-11.)
§ 154.14.02 ACCESS MANAGEMENT REQUIREMENT.
(A) Purpose. The purpose of these access management regulations is to promote and protect the public health and safety by providing development regulations that will result in safer access to property and safer traffic flow. It is recognized that land use and site planning issues are directly linked to the capacity of roadways to efficiently move traffic through an area and provide safe access to adjoining property. It is also recognized that achieving an appropriate balance between roadway access to adjoining property and the ability of roadways to carry through traffic will not only reduce future congestion and accident rates, but will also enhance emergency vehicle response times. These requirements are further intended to help achieve the following objectives:
(1) Provide a standard set of analytic tools and format for preparing Traffic Impact Studies.
(2) Allow the community to assess the effects that a proposed project may have on the community by outlining information needed and evaluation procedures to be used.
(3) Help ensure safe and reasonable traffic operating conditions on streets and intersections after development of the proposed use.
(4) Reduce the negative traffic impacts created by individual developments, which may negatively impact such developments, by helping to ensure the transportation system can accommodate the expected traffic safely and efficiently.
(5) Realize a comprehensive approach to the overall impacts of various developments along a corridor or within part of a community rather than a piecemeal approach.
(6) Provide direction to community decision-makers, road agencies, and developers of expected impacts of a project.
(7) Alert the community, transportation agencies, and developers of improvements or modifications needed to the roadway, access, or site design.
(8) Protect the substantial public investment in the existing street system.
(B) Traffic Impact Study Required.
(1) A Traffic Impact Study shall be required and shall be submitted by an applicant as part of a proposed site plan in accordance with § 154.14.01 when the proposed development will generate or has the potential to generate more than one hundred (100) vehicle trip ends during the peak hour of generation according to the most recent version of the ITE trip generation manual. A vehicle trip end is the total of entering and exiting vehicles for the proposed development at full build out and occupancy.
Estimates of traffic volumes shall be based on weekday traffic for locations at which weekday employment predominates. Retail development shall include weekend traffic volumes in the estimates. Traffic impact studies are not required for any type of residential subdivision.
(2) A Traffic Impact Study shall also be required for new phases or changes to an existing development where a traffic study is more than two (2) years old and roadway conditions have changed significantly (volumes increasing more than two percent (2%) annually). Additionally, a Traffic Impact Study shall be required for a change or expansion at an existing site where it is expected to increase traffic more than one hundred (100) vehicle trip ends during the peak hour of generation according to the most recent version of the ITE trip generation manual.
(C) Design Years. The traffic impact study design year horizon for a proposed development shall be twenty (20) years from opening day. However, if the vehicle trip ends in the peak hour of the proposed development is greater than 100, but less than 400, the design year horizon shall be ten (10) years from opening day.
(D) Traffic Impact Study Contents.
(1) Description of the site, surroundings, and study area: Illustrations and a narrative should describe the characteristics of the site and adjacent roadway system (functional classification, lanes, speed limits, etc.). This description should include surrounding land uses, expected development in the vicinity which could influence future traffic conditions, special site features and a description of any planned roadway improvements. The study should define and justify the study area selected for analysis.
(2) Description of the proposed development: A description of the proposed development should be provided, such as the number and types of dwelling units, the gross and usable floor area, the number of employees, and shift change factors. Intended phasing or future expansion should also be noted.
(3) Description of existing traffic conditions:
(a) Traffic counts: Existing conditions including existing peak-hour traffic volumes (and daily volumes if applicable) on street(s) adjacent to the site. Existing counts, including turn movement counts, for intersections in the vicinity which are expected to be impacted should be provided. Traffic count data shall not be more than two (2) years old.
(b) Traffic counts shall be taken on a Tuesday, Wednesday, or Thursday of non-holiday weeks.
(c) Roadway characteristics shall be described and illustrated, as appropriate. Features to be addressed include lane configurations, geometries, signal timing, traffic control devices, posted speed limits, average running speeds, and any sight distance limitations. Existing levels of service shall be calculated for intersections included within the study area.
(d) Existing driveways and potential turning movement conflicts in the vicinity of the site shall be illustrated and described.
(e) The existing right-of-way shall be identified along with any planned expansion of the right- of-way.
(4) Background Traffic Growth: The traffic impact study shall examine “before and after” conditions in order to evaluate traffic impacts associated with the proposed development. The impacts of all access alternatives on highway capacity and throughput shall be calculated for the opening year Build and No-Build conditions and for the design year Build and No-Build conditions using appropriate computer analysis software as agreed to and acceptable to the City.
(5) Trip Generation:
(a) Forecasted trip generation of the proposed development for the a.m. (if applicable) and p.m. peak hour and average day shall be calculated. This forecast shall be based on the data and procedures outlined in the most recent edition of Trip Generation published by the Institute of Transportation Engineers (ITE).
(b) Any trip reduction for pass-by trips, transit, ride sharing, other modes, internal capture rates, etc., shall be based both on ITE findings and documented survey results acceptable to the agency reviewers. The community may elect to reduce the trip reduction rates used.
(c) For projects intended to be developed in phases, the trip generation by phase shall be described.
(6) Trip Distribution:
(a) The projected traffic generated shall be distributed (inbound v. outbound, left turn v. right turn) onto the existing street network to project turning movements at site access points and nearby intersections where required.
(b) Projected turning movements shall be illustrated in the report.
(c) A description of the application of standard engineering procedures for determining the distribution shall be attached (trip distribution model, market studies, counts at existing driveways, etc.).
(7) Impact Analysis: Level of service or “capacity” analysis at the proposed access points using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board shall be provided. Before and after capacity analyses shall be performed for all street intersections where the expected traffic generated at the site will comprise at least five percent (5%) of the existing intersection capacity.
(8) Access Design/Access Management Standards: The study shall include a map and description of the location and design of proposed access (driveways or new street intersections) including: any sight distance limitations, dimensions from adjacent driveways and intersections within one thousand (1,000) feet on either side of the main roadway, data to demonstrate that the number of driveways proposed is the fewest necessary, and support that the access points will provide safe and efficient traffic operation.
(9) Other Study Items: The Traffic Impact Study shall also include the following:
(a) Need for, or provision of, any additional right-of-way where planned or desired by the applicable transportation agency.
(b) Changes that should be considered to the site plan layout.
(c) If the use involves a drive-through facility, the adequacy of the queuing area should be evaluated.
(d) If a median crossover is desired, separate analysis should be provided.
(e) If a traffic signal is being requested, the applicable traffic signal warrants shall be provided along with an analysis of traffic progression along the roadway through coordination with other signals.
(f) Description of site circulation and available sight distances at site driveways.
(10) Mitigation/Alternatives: The Traffic Impact Study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements should be described. The mitigation measures may include items such as roadway widening, turn lane geometries, changes to signalization, elimination or combination of access points, or reduction in the proposed intensity of use. Any applicable local or State agency shall review proposed mitigation measures. The construction and timing of roadway improvements shall be described.
(11) Qualifications of Traffic Impact Study Preparer: The preparation of a thorough traffic impact study requires extensive background and experience in traffic analysis. The person responsible for the preparation of the study shall meet the following requirements:
(a) Any Traffic Impact Study involving roadway or traffic signal design work shall be prepared by, or under the supervision of, a registered engineer (P.E.) with specific training in traffic engineering.
(b) The Traffic Impact Study should include a resume of the preparer responsible for the report. The Traffic Impact Study may also include relevant experience of the preparer’s firm. The study should also be signed by the preparer with full recognition of potential liability for the results and recommendations outlined in the report.
(E) Access Management Standards.
(1) Access to Parcel: To preserve and maintain efficient traffic movement, permitted access to all thoroughfares shall be limited as defined herein. A goal of these access management standards is to limit and reduce the number of driveways in favor of combined driveways and the construction of service roads to handle access to multiple parcels. These regulations are in addition to any other state, or local approvals required.
(a) Number of Driveways: Each lot is permitted to have a single, two-way driveway except in cases where a Traffic Impact Study clearly demonstrates the benefits of a second driveway from the standpoint of traffic movement. Examples of where a second drive may be justified include large corner lots where driveways on both streets may be desirable and instances where two, one-way drives are preferred more than one, two-way drive.
(b) Location of Driveways: All driveways shall be located as far as practical from the intersection of public streets.
(c) Conditional Approval of Driveways: As part of the site plan review process, a site plan may be approved with a specific driveway location under the condition that an agreement be reached between the property owner and the City requiring that such driveway(s) be closed when specific circumstances are met. Such circumstances may include the future construction of a service road on adjacent property, the opportunity for a shared driveway with development of adjacent property, or other site-specific circumstances. This conditional approval may be required even if the driveway(s) conforms to all other requirements of this section.
(d) Driveway Alignment: New driveways shall be aligned with existing driveways across a street unless such alignment is shown to be undesirable in a Traffic Impact Study. Where such alignments are shown to be undesirable, the centerlines of opposing driveways shall be offset at least one hundred feet (100').
HISTORY: (Newly proposed)
§ 154.15.01 DESIGN REVIEW.
The purpose of these West Carrollton Conservation District Design Review Regulations are:
(A) To safeguard the architectural integrity and cohesiveness of the oldest buildings and parts of the community important to the City’s history in order to contribute to the economic, recreational, cultural, and educational development of the City of West Carrollton;
(B) To maintain and enhance property values to promote the use of, facilitate reinvestment in, and stimulate revitalization of buildings and areas found to have historic architectural significance; and
(C) To provide controls and procedural standards for the preservation of older homes in historically significant areas.
§ 154.15.02 DEFINITIONS.
The following definitions shall apply only to the provisions of the West Carrollton Conservation District Design Review Regulations of the City of West Carrollton Zoning Code:
APPLICANT. Any owner, owners, person(s), association, partnership, or corporation who applies for a Certificate of Appropriateness in order to undertake any change on property subject to these West Carrollton Conservation District Design Review Regulations.
WEST CARROLLTON CONSERVATION DISTRICT. Any area within the corporate limits of the City of West Carrollton, Ohio, designated by Council to be subject to the provisions of these West Carrollton Conservation District Design Review Regulations.
§ 154.15.03 POWERS AND DUTIES OF THE DESIGN REVIEW ARCHITECT.
(A) In order to carry out the efficient review of applications subject to the Conservation District Design Regulations, the city shall contract with an Architect familiar with the style and construction of historic structures, and licensed as an Architect by the State of Ohio.
(B) Within the boundaries of the West Carrollton Conservation District subject to design review, the Design Review Architect shall review any demolition permit for a principle structure.
(C) After review of the plans for the new construction, addition, or demolition, the Design Review Architect shall prepare a written report to the Zoning Enforcement Officer giving his professional opinion about whether the plans meet the Specific Architectural Design Guidelines contained in Section 154.15.05.
§ 154.15.04 TRIGGERING MECHANISM FOR DESIGN REVIEW.
(A) An application for a Certificate of Appropriateness issued by the Zoning Enforcement Officer shall be required for all property located within the West Carrollton Heritage District for the following activities:
(1) New construction of a principal structure; or
(2) Additions to principal structures; or
(3) Demolition of principal structures.
(B) Whenever an applicant applies for a Zoning Certificate, the permit application will be deemed as an application for a Certificate of Appropriateness.
§ 154.15.05 SPECIFIC ARCHITECTURAL DESIGN GUIDELINES.
(A) New Construction of a principal structure. The minimum height of a new structure shall be two stories
(B) Demolition of principle structures. In reviewing the proposed demolition of a principle structure, the Design Review Architect and Zoning Enforcement Officer shall utilize the following guidelines in their review and deliberation:
(1) A demolition permit shall not be issued by the Building Inspector unless accompanied by an approved Certificate of Appropriateness. Such a Certificate of appropriateness shall be issued by the Zoning Enforcement Officer, after review and comment by the Design Review Architect, only if the applicant has given clear evidence that one of the following conditions exist:
(b) The structure has incurred extensive damage to its basic structural elements such as the roof, walls, and foundation requiring substantial reconstruction and presents an immediate danger to the public safety as declared by the Chief Building Inspector.
(c) The structure has been declared a public nuisance under Section 150.70 of the West Carrollton Code of Ordinances.
(d) The structure is not consistent with other structures in the district in terms of historic character, architectural style, construction material, height, setback, mass or use.
(e) The square foot cost of meeting the minimum building code would exceed the square foot market value of similarly used and improved structures in the district. If the applicant applies for the removal of a structure in accordance with this section, the following evidence shall be submitted to the Zoning Enforcement Officer:
(1) An itemized cost estimate provided by a qualified architect, engineer, or contractor indicating those items required to meet the minimum building code; and
(2) A market analysis by an appraiser or qualified real estate professional indicating the square foot value of similarly used and improved structures in the district; and
(3) A demolition cost estimate.
§ 154.15.06 LIMITATION ON ISSUANCE OF ZONING & DEMOLITION PERMITS
No Demolition Permit shall be issued by the Building Inspector for demolition of any principle structure within the West Carrollton Conservation District prior to obtaining a Certificate of Appropriateness, in accordance with the requirements outlined below.
§ 154.15.07 CERTIFICATE OF APPROPRIATENESS.
(A) When the owner of a property within the West Carrollton Conservation District proposes the demolition of a principle structure within the Conservation District, they shall first apply for and secure a Certificate of Appropriateness from the Zoning Enforcement Officer in accordance with the triggering requirements of § 154.15.04. The application for a Certificate of Appropriateness shall be made through the Building Inspector, together with such plans, specifications, and other material as the Design Review Architect and Zoning Enforcement Officer may need to adequate review the application for compliance with these regulations.
(B) If the proposed demolition is determined by the Zoning Enforcement Officer, after review and comment by the Design Review Architect, to have no adverse effect on the West Carrollton Conservation District and does not violate the spirit and purpose of these regulations, then the Zoning Enforcement Officer shall issue the Certificate of Appropriateness.
(C) If the Zoning Enforcement Officer, after review and comment by the Design Review Architect, determines that the proposed demolition will have an adverse effect on the West Carrollton Conservation District, and does violate the spirit and purposes of these regulations, then the Zoning Enforcement Officer shall deny issuance of the Certificate of Appropriateness.
(D) In the event that the Zoning Enforcement Officer determines that a Certificate of Appropriateness shall not be issued, they shall notify the applicant and the Building Inspector in writing of the reasons for such determination.
§ 154.15.08 PENALTIES.
Whoever demolishes any principle structure in violation of these West Carrollton Conservation District Design Review Regulations shall be deemed in violation of the Municipal Code and such violation shall be punishable under § 154.05.09 of the Municipal Code.
§ 154.15.09 MINIMUM MAINTENANCE REQUIREMENT.
The owner of an historic structure or any structure within the West Carrollton Conservation District shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration, whether the building is vacant or inhabited.
§ 154.15.10 SEVERABILITY.
If any provision of these West Carrollton Conservation District Design Review Regulations or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application and to this end the provisions of these West Carrollton Conservation District Design Review Regulations are hereby declared severable.
HISTORY: (Newly proposed)
§ 154.16.01 ACCESSORY BUILDINGS AND USES.
(A) Location. Accessory uses, buildings and related structures may be permitted in any zoning district in association with a principal use or structure as long as they are incidental and customary to the operation of the permitted or conditional uses and harmonious with uses upon adjacent properties. Accessory uses shall meet all yard requirements for accessory buildings.
(B) Regulations for Various Types of Accessory Buildings.
(1) Detached. Accessory buildings which have no structural connection to the principal building shall be regarded as detached accessory buildings. Detached accessory buildings shall not be located closer than five feet from a principal structure.
(a) Height. No detached accessory building may exceed the height of the principal building or 15 feet, whichever is less, except when associated with an agricultural use.
(b) Front and side yards. Detached accessory buildings may not be located within the required front or side yards.
(c) Rear yards. Detached accessory buildings may be located within required rear yards. The total area occupied by all accessory buildings may not exceed 35% of the area of the required rear yard. On corner lots, the rear yard shall be considered to extend across the entire width of the lot for the purpose of computing the area of the required rear yard.
(d) Setbacks. Detached accessory buildings shall not be located closer than five feet to any lot line. Detached accessory buildings also shall not be located closer to the road right-of-way than the principal structure. Further, no accessory building on a corner lot shall be closer to the side lot line of an adjacent lot than the minimum side yard requirement for the zoning district in which the accessory building is located.
(2) Connected. Accessory buildings which are connected to the principal building by an open breezeway or covered walkway shall be regarded as connected accessory buildings. Connected accessory buildings shall meet the requirements of detached accessory buildings. The area of connecting breezeways or covered walkways shall be included in the calculation of the area of accessory buildings.
(3) Attached. Accessory buildings that are joined to a principal building with a permanent structure having a roof, walls and a foundation, or that are otherwise structurally part of the principal building, shall be regarded as being part of the principal building for the purpose of determining setbacks.
(a) Yard requirements. Attached accessory buildings shall meet all yard requirements for principal buildings.
(b) Retail Sales and Services. Attached retail sales and services are permitted as accessory uses when clearly incidental to the principal use. With the exception of restaurants in conjunction with a motel, such uses shall be conducted wholly within the principal building, and without exterior advertising or display. These activities shall be conducted solely for the convenience of the employees, patients, patrons, students, or visitors and not for the general retail public. In hospitals and clinics, these accessory uses may include drug stores, florists, gift and book shops, and cafeterias. In institutional settings, office buildings, hotels, country club houses, and airports, such activities may include gift and book shops, restaurants, cafeterias and coffee shops, lounges, pro shops, and beauty and barber shops. HISTORY: (Newly proposed)
(C) Maximum Size. The area of all attached or detached accessory buildings in residential districts shall not exceed 50% of the above-ground
living area of the principal building or 800 square feet, whichever is greater. On residential lots larger than one- half acre in size, the allowable area of accessory buildings shall be increased by 100 square feet for each 10,000 square feet in excess of one-half acre. The area of any connected accessory structure shall include breezeways, covered walkways, or similar structures.
(D) Residential Districts.
Any accessory use or structure incidental and customary to the operation of the permitted or conditional uses may be permitted if it does not involve the conduct of any business, trade, or industry. (Ord. 3274. Passed 7- 13-04.)
§ 154.16.02 CLUSTER RESIDENTIAL SUBDIVISIONS.
The intent of Cluster Residential Subdivisions are to provide for and encourage flexible and creative development techniques aimed toward providing a healthy and safe, natural, and built environment. The following requirements shall be satisfied:
(A) Property Ownership Requirements. Any ownership arrangement, including fee simple lots or condominiums are permitted in Cluster Residential Subdivisions. The arrangement of dwelling units shall comply with all development standards contained in the applicable zoning district except as modified below.
(1) Permitted Density. The maximum number of housing units permitted in a Cluster Residential Subdivision is determined by using the minimum lot area required in the zoning district and shall use the following formula:
(TSA/MLA) * 90 percent
TSA : Total site area in square footage, excluding any area within the existing public right-of-way or land that is subject to an existing conservation easement. Total site area also does not include any area occupied by ponds that are greater than one acre in size.
MLA : Minimum lot area in square footage required in a given zoning district.
90 percent = A factor to account for public or private right-of-way required in a development.
When the above formula produces a fractional value, the number shall be rounded to the nearest whole number.
(2) Density Bonus. At the sole option of the developer, a bonus of additional housing units will be allowed when required open space is made available to the public. For every whole acre of land devoted to walking/biking trails, equestrian trails, park areas, or other required open space that is also available for public use, up to one additional housing unit may be added to overall density, provided, however, that overall density does not increase by more than fifteen percent (15%) beyond the number of units allowed.
(3) Modifications to Area and Height Regulations. Minimum lot area requirements contained in given zoning districts are modified in a Cluster Residential Subdivision to provide for required open space and to allow for flexibility in design. The Planning Commission may modify the area and height regulations contained in the applicable zoning district if appropriate to get the promote the best design.
(4) Lot Area Requirements. Dwelling units are not required to be on individual lots and there are no minimum lot sizes. However, when lots are included in a development plan, such lots shall be of sufficient size and shape to accommodate dwelling units in compliance with the spacing and yard requirements defined herein.
(5) Minimum Yard Depths. Shall be determined by the Planning Commission based on the type and height of the residences proposed, topography, existing and proposed landscaping, and characteristics of adjacent development.
(6) Sewage Disposal and Water. Cluster Residential Subdivisions shall be served by public sewage disposal and water facilities consistent with applicable city regulations.
(7) Wetlands in Cluster Residential Subdivisions. Wetlands found within a site proposed to be developed as an Cluster Residential Subdivision must remain in a natural state and no off-site mitigation of wetlands shall be permitted.
(8) Minimum Required Open Space. All Cluster Residential Subdivisions shall incorporate not less than 50 percent of the total site’s acreage as required common open space. This required open space shall be designed and located to conserve significant natural features and historical and cultural elements located on the site. In the case of phased developments, open space shall be provided in a proportional manner with a developed area.
(9) Areas Not Considered Required Open Space. Areas that specifically shall not be considered required open space include:
(a) Private roads and public road rights- of-way.
(b) Public or private parking areas, access ways, and driveways.
(c) Required setbacks between buildings, parking areas, and project boundaries.
(d) Required setbacks between buildings and streets.
(e) Required minimum spacing between buildings and parking areas.
(f) Private yards.
(g) Land that is subject to preexisting conservation easements or similar limitations on development.
(B) Use of Required Open Space. Areas designated for required open space may be:
(1) Preserved in its natural state.
(2) Designed and intended for the use and/or enjoyment of residents (or general public) of the proposed development.
(3) Utilized as a buffer area to separate a development from surrounding properties.
(4) Utilized for farming when authorized in a conservation easement or in an Association’s covenants and restrictions.
(5) Utilized as wet or dry storm water management ponds or basins. These ponds or basin may be located partially or entirely within the required open space. Easements shall be required to enable the maintenance of these facilities
(6) Used as active recreation areas. These active recreation areas shall be located in areas with the least impact on natural amenities and wildlife habitats, of a useable size and shape for the intended purpose.
(C) Design and Location of Required Open Space. Land that is to be designated as required open space shall be designed as a connected and contiguous open space system and all residential properties shall have access to this open space.
(D) Reclamation of Disturbed Open Space. Any areas to be designated as required open space that is disturbed during construction or otherwise not preserved in its natural state shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
(E) Future Subdivision and Development of Open Space. All required open space shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City of West Carrollton. Subject to permanent restrictions as set forth above, required open space in a Cluster Residential Subdivision may be owned by an Association, the City, a Land Trust or other organization recognized by West Carrollton. Required open space may be held by the individual members of a Condominium Association as tenants-in-common or may be held in common ownership by a Homeowner’s Association, Community Association, or other similar legal entity. The City’s legal advisor shall determine, based on documents submitted with the development plan, that the Association’s bylaws or code of regulations specifies the following requirements:
(1) Membership in the Association shall be mandatory for all purchasers of lots in the development or units in the condominium.
(2) The Association shall be responsible for maintenance, control, and insurance of all common areas, including required open space.
(F) Conservation Easements. With the permission of the City, the owner(s) of the required open space may, in accordance with provisions of ORC § 5301.67 - .70, grant or transfer a conservation easement to any entity described in ORC § 5301.68, provided that the entity and the provisions of the conservation easements are acceptable to the City of West Carrollton. When a deed restriction is proposed as the method of restricting further subdivision of land designated as open space, the City of West Carrollton shall be named as a party to such deed restrictions with approval authority over any changes thereto. The conveyance must contain appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under ORC § 5301.68, in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.
(G) Development Plan Submission Requirements. All proposed Cluster Residential Subdivisions shall provide a site analysis and a development plan in accordance with all requirements set forth in § 154.14.01. This site analysis and development plan, together with any required application forms, shall be transmitted to and reviewed by the Planning Commission in the manner described herein.
(H) Amendments. After a Cluster Residential Subdivision has been approved, adjustments, or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested. Changes, as defined herein, may be permitted with approval by the Planning Commission in accordance with § 154.14.01.
§ 154.16.03 HOME OCCUPATIONS.
Home occupations shall meet the following requirements:
(A) Not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(B) No home occupation shall be permitted in any accessory building.
(C) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, x-rays, radiation, smoke, heat, dust or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers, or which causes fluctuations in line voltage, off the premises.
(D) No traffic shall be generated by the operation of the home occupation which is greater than traffic volumes normally expected in the neighborhood. Specifically, the home occupation shall not cause more than three vehicles (including vehicles used by customers, vendors or delivery services) to visit the residence per day. The operation and parking of these vehicles shall not interfere with traffic circulation.
(E) No non-residential alterations to the interior or exterior of the residences shall be permitted to accommodate the home occupation.
(F) No explosive, toxic, combustible or flammable materials in quantities greater than allowed in residences will be used or stored on the premises.
(G) The use of mechanical equipment, or the storage of supplies, is limited to that which is compatible with a residential use.
(H) If the residential address is used in any advertisement of the home occupation, the words "by appointment only" shall be included in the advertisement.
(I) No outside storage of any kind shall be permitted in relation to the home occupation, and only commodities produced on the premises may be sold on the premises.
HISTORY: (Formerly § 154.179(O))
§ 154.16.05 RESOURCE AND MINERAL EXTRACTION.
(A) Resource and mineral extraction operations must meet the following development standards:
(1) Excavation, washing, and stockpiling of extracted material shall not be carried on closer than 50 feet to any property line, or such greater distance as is deemed necessary for the protection of adjacent property, except that this distance requirement may be reduced by the written consent of the owner of abutting property, but in any such event, adequate lateral support shall be provided for the abutting property.
(2) In the event that the site of the mining operation is adjacent to the right-of-way of any public street or road, no part of such operation may take place closer than 50 feet to the nearest line of such right-of-way.
(3) Any excavated area adjacent to the right-of-way of any public street or road shall be back-filled for a distance of 150 feet from the right-of-way line.
(4) Fencing or other suitable barrier, including acceptable plantings, shall be erected and maintained around the entire site or portions thereof.
(5) All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise, and vibration. Access roads shall be maintained in a dust-free condition by surfacing or other treatment.
(6) Quarrying shall not be carried out closer than 300 feet to any adjoining property line unless the written consent of such adjoining property owner has first been obtained.
(7) An earthen mound sight and sound barrier of a minimum of eight feet in height shall be provided to assure compatibility with adjoining land uses. The barrier shall be suitably planted and maintained.
(8) Rehabilitation requirements. All mined-out areas shall, within a reasonable length of time, be reclaimed and rehabilitated. Within six months after completion of mining operations, the company shall provide the city with a written plan indicating its intentions relative to equipment and structure removal and the approximate date and time frame for reclamation and rehabilitation of the mined-out area.
§ 154.16.06 SATELLITE DISH ANTENNAS.
(A) A permit is required before a dish antenna can be installed on any lot within the city. The construction and installation of all dish antennas shall conform to all applicable building code and electrical code regulations and requirements.
(B) The total height of a dish antenna shall not exceed 15 feet. This height requirement shall apply to both ground-mounted and roof-mounted dish antennas. The height shall be measured from the highest point of the dish antenna, when positioned for operation, vertically downward to the nearest point of support. The point of support for all roof-mounted dish antennas shall not extend above the roof line by which it is supported. In all cases where the height requirements of the Zoning Code and the building code conflict, the more restrictive requirement shall be used.
(C) The diameter of a dish antenna shall not exceed 12 feet.
(D) To be as visually unintrusive as possible, dish antennas shall be restricted to those of a mesh-type construction in all residential (R) zoning districts.
(E) Dish antennas over four feet in diameter shall not be permitted to be located on the roof of any structure in any R or O-R zoning district.
(F) Only one dish antenna shall be permitted on a lot in any LD, R, O-R, O, or B-1 zoning district.
(G) Dish antennas 18 inches or less in diameter are exempt from these regulations.
HISTORY: (Formerly § 154.179(M)(5))
§ 154.16.07 SEXUALLY-ORIENTED BUSINESSES
(A) No sexually-oriented business shall be established within five hundred feet of:
(1) Any Residential District or individual residence;
(2) Any public library, educational institution, public park or recreational facility, church or place of worship, child day care facility, playground, or swimming pool;
(3) Any planned unit or planned cluster development utilized for residential purposes.
(B) No sexually-oriented business shall be established within one thousand feet of any other sexually- oriented business.
(C) For the purpose of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually-oriented business is conducted, to the nearest property line of the premises of a use listed in section A above. Presence of a municipal, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Section.
(D) Prohibited Public Display. No advertisements, displays or other promotional materials shall be shown, distributed or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.
(E) Public View to Be Prevented. All building openings, entries, windows, and doors of sexually-oriented business facilities shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public areas, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from any public or semi-public areas.
(F) External Audio and Visual Impact. No screens, loudspeakers, or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) or any other adult entertainment facility that can be seen or discerned by the general public from public or semi-public areas.
HISTORY: (Newly Proposed; Formerly § 154.181(C)(1)(m))
§ 154.16.08 TEMPORARY USES.
Temporary uses are permitted in each zoning district subject to the applicable regulations of the district in which the use is permitted. A zoning or occupancy certificate shall be obtained pursuant to § 154.05.07. The following temporary uses are permitted, subject to the limitations indicated:
(A) Christmas tree sales in the B-2 District for a period not to exceed 60 days.
(B) Contractor's office, trailer, and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project, to continue only during the duration of the project.
(C) Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development, to continue only until the sale or lease of all dwelling units.
(D) Seasonal garden center retail outlets located in any B-2 District for a period not to exceed 90 consecutive days in any 180-day period, subject to the following conditions:
(1) Retail sales only, limited to plants in containers and prepackaged garden supplies. No storage or sale of bulk products is permitted.
(2) No portion of the display or any temporary structure shall be located within ten feet of any property line or public right-of-way.
(3) No required off-street parking space or loading area shall be utilized for display, storage or dispensing.
HISTORY: (Formerly § 154.179(N))
(E) Seasonal sale of farm produce, including produce stands and farm markets, in the following districts: Agricultural (A), Commercial (B), City Center (CC), Manufacturing (M), and Olde Downtown (OD), to continue for not more than five consecutive months per year and meeting the following requirements:
(1) There shall be not more than one such use per lot or lots under common ownership.
(2) Structures related to the use shall meet all applicable setback requirements of the district in which they are located. Structures incidental to such sale on property used for agricultural pur poses need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard at the end of the season during which they are used.
(3) Adequate off-street parking and safe vehicular and pedestrian access shall be provided for the use. When the use is located within a parking area serving a separate principal use on the same property, the minimum number of parking and loading spaces required by § 154.12.01 for the principal use shall be maintained.
(4) Debris and trash generated by the use shall be routinely collected. The city reserves the right to require more frequent collection as necessary.
(5) One temporary sign per public street frontage on the lot or lots under common ownership is permitted, not to exceed 16 square feet in area and meeting the requirements for temporary signs as outlined in Chapter 153, Signs.
(6) All portions of the use shall be maintained in a clean, safe and sanitary condition at all times during operation.
(7) Compliance with all applicable licensing requirements of the City of West Carrollton and the Montgomery County Combined General Health District.
(8) The failure to comply with any of these requirements, as determined by the Zoning Enforcement Officer, shall result in denial of a permit or suspension of operation during that season. Upon termination of the operation, all remaining products, materials and displays shall be immediately removed and the site restored to its prior condition.
(Ord. 3460, passed 11-9-10)
(F) An open-air carnival or tent circus, but only in a B-2, M-1, or M-2 District, and then only for a period that shall not exceed three days.
(G) Festivals sponsored by nonprofit organizations in any district for a period not to exceed three days. Such use need not comply with the front yard requirements. However, structures or equipment which might block the view of operators of motor vehicles on the public streets shall not be located within 30 feet of the intersection of the curb line of any two streets.
(H) Promotional activities of retail merchants, located in any business district, involving the display of goods and merchandise may be conducted outside of enclosed buildings for a period of not more than 14 days in any three-month period. Goods and merchandise that will be used in the promotional activity and are also for sale within the building may be displayed in the area immediately adjacent to the building subject to the following conditions:
(1) No portion of the display or any temporary structure shall be on located within ten feet of any property line or public right-of-way.
(2) No required off-street parking space or loading area shall be utilized for such display, storage, or dispensing.
(3) No food or drink shall be dispensed outside the building except in accordance with standards and prior written approval of the Montgomery County Combined General Health District.
(I) Tents in any district for permitted uses of that district provided such use is not conducted within a tent for a period of not more than 14 consecutive days in any 90-day period.
(J) (EDITOR’S NOTE: Former subsection (J) was repealed by Ordinance 3475, passed April 12, 2011.)
HISTORY: (Formerly § 154.179(N))
§ 154.16.09 WIRELESS TELECOMMUNICATIONS FACILITIES.
Wireless Telecommunications Facilities criteria are in place to minimize adverse health, safety, public welfare or visual impact through buffering, siting design and construction, and the reduction of the need for new or redundant wireless telecommunications facilities.
(A) General Requirements. The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are located.
(1) Design and Construction. Towers must be designed and certified by an engineer registered in the State of Ohio to be structurally sound and, at a minimum, in conformance with the Ohio Building Code (OBC).
(2) Maximum Height. The maximum height of the wireless telecommunications facility shall be the minimum height necessary to provide service.
(3) Resource Protection Standards. The location of a tower, equipment shelter and antenna support structure shall comply with all natural resource protection standards established for the protection of flood plains, wetlands and steep slopes as provided for in the Zoning, Flood Damage Prevention, Stormwater Control, Subdivision and other development codes.
(4) Security. All elements of a wireless telecommunication facility, either completely or individually, shall be secured against unauthorizedaccess by the public. Safety forces of the city and co-locators shall have reasonable access. "No Trespassing" signs shall be posted around the wireless telecommunications facility with a telephone number of whom to contact in the event of emergency. No fence shall be required on top of a building or other structure if access to the roof or top of the structure is secure.
(5) Landscaping. Existing vegetation (trees and shrubs) shall be preserved to the greatest extent possible. Buffer plantings shall be located around the perimeter of any security fence. In the alternative, an evergreen screen may be planted around the perimeter of the property.
(6) Visibility, Lighting, and Advertising. The tower shall be a non-contrasting gray or similar color minimizing its visibility, unless required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA). All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage. No tower shall be artificially lit except as required by the Federal Aviation Administration (FAA). No advertising shall be permitted anywhere on the wireless telecommunication's facility.
(7) Co-location Requirements.
(a) Public Property.
(i) The city shall undertake an identification of publicly-owned properties that the city determines are suitable for such use. The city shall regularly update such identification and make the results of such identification available to the public.
(ii) Persons locating wireless telecommunications facilities upon such identified publicly-owned properties shall be exempted from the requirements herein regarding presentation of proof that co-locations are not available. However, persons locating wireless telecommunications facilities on publicly owned properties shall continue to be subject to the requirements contained in § 154.16.08(A).
(iii) In addition, persons locating wireless telecommunications facilities on publicly-owned properties identified by the city to be suitable for such purposes shall be exempt from the requirements of § 154.16.08 (B) and (C).
(b) Newly Constructed Wireless Telecommunication Towers.
(i) Prior to the construction of a new telecommunications tower, it must be proven that it is not feasible to co-locate on an existing tower. Owners of Wireless Tower Facilities must allow for potential co-location of additional wireless telecommunication facilities by other providers on the applicant's structure or within the same site location.
(ii) No new tower shall be constructed in the city unless such tower is capable of accommodating at least three additional wireless telecommunications facility owned by another person, if height is sufficient for coverage.
(8) Abandonment of Towers.
(a) All providers utilizing towers shall present a report to the Planning and Economic Development Director notifying them of any tower facility located in the municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days the Planning and Economic Development Director may declare the facility abandoned. The facility's owner/operator will receive written notice from the Planning and Economic Development Director and be instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the municipality will remove or will contract to have removed the facility as a public nuisance and assess the owner/operator the Costs.
(b) The city shall provide the tower owner with the right to a public hearing before the Board of Zoning Appeals as with any appeal of an administrative zoning order. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(c) After a public hearing is held, the Board of Zoning Appeals may order the acquisition or demolition of the tower. The city may require licensee to pay for all expenses necessary to acquire or demolish the tower.
(9) Variances and Special Exceptions. Any request to deviate from any of the requirements of this section shall require variance approval in conformance with the procedures set forth in Article 154.06.01 of the Zoning Code.
(B) Wireless Telecommunication Facilities in Residential Districts. Wireless telecommunication facilities that include towers are not permitted in L-D, R, or O-R districts except on any property with a public institutional use (e.g. park, library, government, school or utility). However, it must be proven that it is not technically feasible to locate in a more appropriate nonresidential zone. A wireless telecommunications facility may be located in a residential district subject to the following conditions:
(1) Combined with a Nonresidential Use. An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district; including, but not limited to, a church, municipal or government building or facility, agricultural building, and a building or structure owned by a utility. The following conditions shall be met:
(a) Maximum height: 15 feet, measured from the highest point of the antenna, vertically downward to the highest point of the existing structure.
(b) If the applicant proposed to locate the telecommunication equipment in a separate equipment shelter, the equipment shelter shall comply with accessory building regulations and the following:
1. A buffer yard shall be planted in accordance with § 154.13.01(A).
2. Vehicular access to the equipment shelter shall not interfere with the parking or vehicular circulation on the site of the principal use.
(2) Located on a Nonresidential Use Property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including but not limited to a church, hospital, school, municipal or government building, facility, or structure, agricultural use and utility use, subject to the following conditions:
(a) Minimum yard requirements:
1. The tower shall be setback from any property line abutting a residential structure by 200 feet.
2. Equipment shelter: same as for principally permitted structures.
(b) Maximum height:
1. Tower: 200 feet, including the antenna.
2. Equipment shelter: same as the maximum height in the relevant zoning district.
(c) Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
(3) Located on a Residential Building. An antenna for a wireless telecommunications facility may be attached to a mid-rise or high-rise apartment building subject to the following conditions:
(a) Maximum height: 15 feet, measured from the highest point of the antenna, vertically downward to the highest point of the existing structure.
(b) If the applicant proposes to locate the telecommunications equipment in a separate equipment shelter (not located in, or attached to, the building), the equipment shelter shall comply with accessory building regulations and with the following:
1. A buffer yard shall be planted in accordance with § 154.16.09(A)(5).
2. Vehicular access to the equipment shelter shall, if at all possible, use the existing circulation system.
(4) Located in Open Space. A wireless telecommunications facility is permitted on land that has been established as permanent open space, or a park subject to the following conditions:
(a) The open space shall be owned by the municipality, county or state government, a homeowners association, charitable organization, or a private, non-profit association, charitable organization, or a private, non-profit conservation organization.
(b) Maximum height:
1. Tower: 200 feet, including the antenna.
2. Equipment shelter: same as the maximum height in the relevant zoning district.
(c) The tower shall be setback from any residential property line 200 feet.
(5) Equipment Shelters. Underground equipment shelters are required in residential districts unless the design is deemed compatible by the reviewing authority.
(F) Wireless Telecommunication Facilities in Non-residential Districts. Wireless telecommunication facilities located in an O, B-1, B-2, Olde Downtown, M-1 or M-2 District shall be subject to the following conditions:
(1) Sole Use on a Lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following requirements:
(a) Minimum lot size: two acres.
(b) Minimum yard requirements:
1. Tower: The minimum distance to any residential use or district lot line shall be 200 feet, otherwise same as for principally permitted structures.
2. Equipment shelter: Same as for principally permitted structures.
(c) Maximum height:
1. Tower: 200 feet, including any antenna.
2. Equipment shelter: same as for principally permitted structures.
(2) Combined with Another Use. A wireless telecommunications facility is permitted on a property with an existing use subject to the following requirements:
(a) The existing or future use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a nonconforming use.
(b) Minimum yard requirements:
1. Tower: the minimum distance to any residential use or district lot line shall be 200 feet, otherwise the minimum distance is the same as for principally permitted structures.
2. Equipment shelter: same as for accessory structures.
(c) Maximum height:
1. Tower: 200 feet, including any antenna.
2. Equipment shelter: Same as for principally permitted structures.
(d) Access. The service access to the equipment shelter shall be provided along the circulation of the existing use whenever feasible.
(3) Combined with an Existing Structure. Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following requirements:
(a) Maximum height: 15 feet, measured from the highest point of the antenna, vertically downward to the highest point of the existing structure.
(b) If the applicant proposes to locate the telecommunications equipment in a separate equipment shelter not located on or attached to the building, the equipment shelter shall comply with the following:
1. Shall comply with the requirements for an accessory building.
2. Shall be located to the rear of the primary building or structure.
3. Vehicular access to the shelter shall not interfere with any required parking or vehicular circulation on the site for the principal use.
HISTORY: (Former § 154.186; Ord. 3063, passed 9-23-97)
§ 154.16.10 GARAGE SALES.
(A) Definition. Any general casual sale, open to the public and conducted on residential premises for the purpose of disposing of miscellaneous primarily used personal property. As used in this section, this definition shall include but is not limited to any sale entitled "garage sale", "patio sale", "yard sale", "carport sale", "basement sale", "porch sale", "driveway sale", or "rummage sale".
(B) Registration Required. Any person planning to conduct a garage sale in the city shall contact the City of West Carrollton Planning and Building Department prior to the sale and furnish the following information:
(1) The name and phone number of the person conducting the sale, who shall be a resident of the city;
(2) The address of the premises where the sale is to be conducted;
(3) The dates and hours of duration of the sale;
(4) The dates of any garage sales held on the property within the current calendar year; and
(5) Any additional information deemed necessary by the Planning and Building Department.
(C) Prohibitions.
(1) No garage sale shall be conducted on the same property more than two times within a calendar year, with each sale not to exceed 72 hours. Garage sales occurring more frequently are considered as engaging in a retail sales business in a residential zone, which is prohibited.
(2) No garage sale shall be conducted by a person who does not own or lease the premises on which the sale is conducted.
(3) No garage sale shall be conducted prior to 8:00 a.m. or after dusk.
(4) No garage sale shall offer for sale primarily a single commodity, nor primarily new merchandise or food items.
(5) No items for sale, signs, or other materials relating to the sale shall remain in public view after dusk on the last day of the sale.
(6) No fee or other charge shall be imposed upon members of the public attending any garage sale.
(D) Signs. Temporary signage promoting a garage sale shall meet all requirements of Chapter 153, Signs.
(E) Block Garage Sales. By submitting the unanimous written consent of all involved property owners on a residential block, a request may be made to the City of West Carrollton for permission to hold a "block garage sale". Each resident participating in such sale shall be included in the information required in paragraph (B) of this section. Block garage sales shall meet all requirements of this section.
(F) Exceptions.
(1) Participation in the City of West Carrollton's annual Community Garage Sale Day(s) shall not be counted toward the maximum number of sales permitted in paragraph (C)(1).
(2) Notwithstanding the requirements of paragraph (C)(1), one additional sale per property may be held under each of the following circumstances:
i. If it is made necessary through the estate or guardian of a resident of the premises, commonly known as an "estate sale".
ii. If the resident is relocating from the premises, commonly known as a "moving sale".
(3) It is not the intent of this section to prohibit sales by nonconforming businesses located in residential zoning districts.
(G) Penalty. Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than twenty-five dollars ($25) for a first offense, not more than fifty dollars ($50) for a second offense, and not more than one hundred dollars ($100.00) for a third and each subsequent offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. (Ord. 3449. Passed 5-11-10.)
§ 154.16.11 MOBILE FOOD VENDORS.
(A) Definition. For the purposes of this section, a MOBILE FOOD VENDOR shall be defined as any person who sells, offers for sale, or distributes free of charge, food or beverages to the public from any unit (vehicle, trailer, cart, wagon, or similar use) which is designed to be readily moveable and which changes location from time to time. A MOBILE FOOD VENDOR unit shall not include tents or similar portable structures. The food may be cooked, wrapped, packaged, processed and/or portioned for service, sale, or distribution in the mobile food vendor unit. The sale of products other than food or beverages is prohibited.
(B) Mobile Food Vendor License Required.
(1) Except as provided in division (C) of this section, no person shall engage in the business of operating a mobile food vendor unit within the city without a current and valid mobile food vendor license issued pursuant to this section.
(2) Any person desiring to operate a mobile food vendor unit within the city shall make a written application for a mobile food vendor license to the city. The application for such license shall include the following:
(a) A fully completed mobile food vendor license application on form(s) provided by the city.
(b) Written permission of the property owner(s) consenting to the mobile food vendor operation on any and all properties on which the unit will operate, if applicable.
(c) A site plan showing any and all properties on which the unit will operate for sales purposes, with the proposed location and dimensions of the mobile food vendor unit relative to buildings, parking and loading areas, streets and driveway approaches, refuse containers, and any other site information the city may require.
(d) Color photographs of all sides of the mobile food vendor unit and any signage to be used in operation of the business.
(e) A signed indemnification statement and copy of liability insurance for the business in an amount not less than $1,000,000, naming the City of West Carrollton as an additional insured, as further described below.
(f) A valid copy of all licenses or permits required by the County of Montgomery, the State of Ohio, and any subsidiary enforcement divisions thereof, including but not limited to the Public Health - Dayton & Montgomery County and the Bureau of Motor Vehicles.
(g) Proof of registration with the city's income tax division if operating within the city for more than 20 days in a calendar year.
(h) Any additional information which shows that the proposed operation will satisfy the requirements of this section and all applicable laws.
(i) A signed statement that the vendor will hold harmless the city and its officers and employees, and shall indemnify the city, its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity earned on under the terms of the mobile food vendor license. The mobile food vendor shall furnish and maintain such public commercial general liability insurance, including products liability, property damage, bodily injury and personal and advertising injury against claims for injuries to persons or damages to property which may arise from or in connection with the operations under the mobile food vendor license or in connection therewith. Such insurance shall be issued by an insurance company licensed to do business in Ohio and shall provide coverage of not less than $1,000,000 per occurrence. The policy shall cover, or be endorsed to cover, the City of West Carrollton, its officials, employees and volunteers as additional insureds. Such coverage shall be primary and non-contributing as respects the additional insureds. The policy shall further provide that it may not be cancelled except upon 30 days written notice served upon the City Manager of the city. The mobile food vendor shall provide a certificate of insurance evidencing compliance with the specifications herein prior to commencing activities pursuant to this license. A mobile food vendor license issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with the City of West Carrollton.
(3) A mobile food vendor license shall be issued upon full completion of the application and determination by the city that all requirements of this section are met. If a complete application for a mobile food vendor license is not approved, the city shall notify the applicant of the determination in writing including any reason(s) for the decision. No license shall be issued to an applicant who has a conviction within the last ten years for a crime of violence, a crime involving moral turpitude, a crime involving drug convictions, or a crime involving sex offenses.
(4) The mobile food vendor license shall be valid for a period of one year or less and shall expire on December 31 of the calendar year in which it was issued, regardless of when during the year such license was issued.
(5) The mobile food vendor license is valid for one mobile food vendor unit only, which shall be that unit identified in the license application. The mobile food vendor license is valid only for the property or properties identified in the license application. The license must be prominently displayed on the mobile food vendor unit along with any other required licenses, and shall be available for inspection upon request.
(6) The mobile food vendor license is non-transferable and may be used only by the individual, partners, or entities to whom the license was granted.
(7) A mobile food vendor unit shall comply with all applicable federal, state, and local fire safety requirements, as determined by an inspection by the West Carrollton Fire Department prior to issuance of a license, and at any other time deemed necessary to address life safety concerns.
(C) Exceptions.
(1) Mobile food vendors operating as part of a special event which is open to the general public, lasts not more than four consecutive days, and has received a temporary use permit shall not require a separate mobile food vendor license. However, such mobile food vendors shall be subject to the provisions of this section as determined by the city to be applicable, and may operate only during the hours of the special event. In no case shall multiple temporary use permits for such events on the same property total more than 30 days within a 90 day period. The temporary use permit fee shall be waived for any public, school, or charitable event.
(2) The requirements of this section do not apply to:
(a) A mobile food vendor unit operating on the same premises as a restaurant under the same ownership. Such units shall comply with all other requirements of the City of West Carrollton Codified Ordinances.
(b) Ice cream peddlers as regulated by Chapter 111 of the City of West Carrollton Codified Ordinances.
(c) Temporary sales of seasonal produce as regulated by § 154.16.08(E).
(d) One or more mobile food vendor units operating on a particular property at the request of and with the written permission of the property owner or the business located on the property, which limits the sale of its food to serve only on-site employees of such business and is not open for sales to the general public. Provided, however, such mobile food vendor unit shall be subject to an inspection by the City of West Carrollton Fire Department and does not operate for more than three hours each day.
(D) License Fee. Upon issuance of the mobile food vendor license and as may be renewed thereafter, a non-refundable mobile food vendor license fee shall be due and payable as set forth in Chapter 37 of the City of West Carrollton Code of Ordinances. This fee is in addition to fees as may be required by other governing jurisdictions.
(E) Location.
(1) A mobile food vendor unit may be permitted to operate on any property on which a non-residential principal use is located, subject to the requirements of this section. A mobile food vendor is considered to be a temporary use, and shall not be permitted as a principal use on a property.
(2) A mobile food vendor may be permitted to operate within the public right-of-way in all non-residential or mixed-use zoning districts, subject to the requirements of this section and provided:
(a) The mobile food vendor unit is parked in a legally-designated on-street parking space, except that no mobile food vendor unit shall park in angled parking spaces in the right-of-way.
(b) The mobile food vendor unit is parked in the same direction as traffic with no more than 12 inches between the curb face or edge of pavement and the unit, and with the service window of the unit facing the curb. All items shall be sold, offered for sale, or dispensed only from the curb side of a mobile food vendor unit.
(c) A mobile food vendor unit located in the public right-of-way shall not remain stationary in one location for longer than two hours. After remaining stationary in one location for up to two hours, the mobile food vendor unit shall be moved to a location at least 100 yards from the previous location.
(d) Hazard lights are operated continuously at all times when a mobile food vendor unit is parked or stopped so as to be clearly visible to drivers of other vehicles approaching such vehicle from the front or rear.
(e) The mobile food vendor unit is not operating for sales purposes in a public alley, unless specifically authorized by the city.
(f) The mobile food vendor unit is not left unattended in the public right-of-way. The city shall consider any unattended mobile food vendor unit located in the public right-of-way as an illegally-parked vehicle and may remove said unit pursuant to Chapter 73 of the City of West Carrollton Codified Ordinances.
(3) Notwithstanding divisions (E)(1) and (E)(2) of this section, no mobile food vendor unit shall be located:
(a) Within 100 feet of property containing a restaurant located in an enclosed building, unless operated by the restaurant owner or written permission by the restaurant or property owner is provided. However, this restriction does not prevent approval of any new restaurant located in an enclosed building within 100 feet of any pre-existing approved mobile food vendor location. In that event, the mobile food vendor may continue to operate at the pre-approved location until the expiration of the license term. Upon renewal of the license, the mobile food vendor must then relocate to meet the requirements of this section.
(b) On property used exclusively for single-family residential purposes, irrespective of its zoning classification.
(c) On any unpaved surface.
(d) Closer than five feet to any property line, unless written permission is provided by the abutting property owner.
(e) Proximate to any land owned by a public or private school, unless written permission has been granted by the school.
(f) Proximate to any property containing a festival, special or civic event that is permitted or sanctioned by the city, unless the mobile food vendor is an authorized participant in such event.
(g) Within parking spaces which are required to meet the minimum parking requirements for the property.
(F) Operating Requirements. Mobile food vendors shall meet the following requirements:
(1) A mobile food vendor may operate for sales purposes between the hours of 6:00 a.m. and 11:00 p.m.
(2) A mobile food vendor unit located outside of the public right-of-way shall not remain stationary in one location for longer than six hours. After remaining stationary in one location for up to six hours, the mobile food vendor unit shall be moved to a location at least 100 yards from the previous location.
(3) A mobile food vendor unit shall not be left unattended within public view at any time.
(4) A mobile food vendor unit shall not obstruct a public way, impair the movement of pedestrians or vehicles, impair the clear view of traffic from any direction, or pose a hazard to public safety.
(5) A mobile food vendor unit shall not be in such a deteriorated physical condition as to adversely affect the character, appearance, image, or economic value of surrounding property.
(6) No mobile food vendor shall, for the purposes of attracting attention to its operation, shout or use any outside sound amplifying equipment, music, or noisemakers such as bells, horns, or whistles. Sound emanating from a mobile food vendor unit shall be in compliance with the requirements of § 138.08, Disturbing the Peace, of the City of West Carrollton Code of Ordinances.
(7) A mobile food vendor unit shall not remain attached to any vehicle used to haul the unit. Such hauling vehicle shall be detached from the unit and parked in a lawful parking space separate from the unit.
(8) The mobile food vendor shall provide at least one trash receptacle and shall properly remove all waste and trash generated by the operation at least once per day and as needed to maintain cleanliness.
(9) Mobile food vendor signage is permitted as professionally applied within the outlines of the unit. One sandwich board not exceeding six square feet per sign face and three feet in height is permitted per public street frontage, but may not be placed in the public right-of-way, on a public sidewalk, or in a designated parking space.
(10) Conduct of the mobile food vendor business shall not create a public nuisance or constitute a danger to the public health, safety, or welfare.
(G) Enforcement.
(1) The city may deny, revoke, suspend, or not renew a mobile food vendor license issued under the provisions of this section for any of the following reasons:
(a) The licensee is determined by the city to be guilty of any fraud or misrepresentation in connection with the submitted mobile food vendor license application;
(b) The licensee is determined by the city to be guilty of any fraud, misrepresentation, or unlawful act in connection with the business activities for which a mobile food vendor license was issued;
(c) The licensed mobile food vendor business is conducted in such a manner as to create a public nuisance or to constitute a danger to the public health, safety, or welfare;
(d) Conviction of the licensee within the last ten years for a crime of violence, a crime involving moral turpitude, a crime involving drug convictions, or a crime involving sex offenses;
(e) The licensee is found by the city to be a person who constitutes a clear and present danger to the residents of the city;
(f) The licensee violates any provision of this section;
(g) The licensee is delinquent in financial obligations to the city;
(h) The licensee fails to maintain valid permits or licenses from the County of Montgomery, the State of Ohio, and any enforcement divisions thereof;
(i) For any good cause shown.
(2) When good cause has been demonstrated to deny, revoke, suspend, or not renew a mobile food vendor license, the city shall issue an order which shall become effective immediately upon service of a written notice to the licensee. Such notice shall specify the reason for denial, revocation, suspension, or non-renewal and may provide for conditions upon which the license may be approved or reinstated, upon compliance with said conditions. Should no conditions be given for the possible approval or reinstatement of the license, the order shall constitute a denial or revocation of the license.
(3) The city may allow a mobile food vendor to reapply for a mobile food vendor license after 12 months from the date of denial, revocation, suspension, or non-renewal. The mobile food vendor shall correct all circumstances that led to the violations, and shall pay an additional fee in the amount of $500 to offset the city's costs of compliance measures, necessary inspections, and to ensure the circumstances that led to the revocation have been corrected.
(H) Penalty. Whoever violates any provision of this section is guilty of an unclassified misdemeanor and shall be fined not more than $1,000 for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(I) Appeal. Any person aggrieved by any administrative decision pursuant to this section may submit an appeal of said decision in accordance with the provisions of § 154.05.06 of the City of West Carrollton Code of Ordinances.
(Ord. 3679, passed 8-25-20)
§ 154.16.12 HOOKAH BARS.
(A) Purpose. The purpose of these regulations is to differentiate hookah bars from smoking establishments, retail tobacco stores, and general retail sales due to their inherent differences in nature, function, and effect; and to establish minimum standards for the operation of hookah bars in order to minimize adverse effects on surrounding property and ensure the goals of the 2009 West Carrollton Comprehensive Plan to maintain and enhance the community's image and economic vitality are met.
(B) Applicability. These regulations shall apply to all hookah bars as defined in this chapter.
(C) Requirements.
(1) Location. A hookah bar shall not be permitted to operate on property abutting any property containing a conforming single-family residence, nor within a five hundred (500) foot radius, as measured by a straight line from wall to wall, of any of the following:
(a) Any other hookah bar or smoking establishment.
(b) Any public or private school or day care facility.
(c) Any public park or recreation facility.
(d) Any religious institution.
(e) Any sexually-oriented business, tattoo or body piercing shop, gun shop, or pawn shop.
(2) Hours of operation. A hookah bar shall not be permitted to operate between the hours of midnight and 7:00 a.m.
(3) Minors prohibited. No person under eighteen (18) years of age shall be permitted to enter, work at, or patronize a hookah bar.
(4) Alcoholic beverages prohibited. The sale and/or consumption of alcoholic beverages shall not be permitted at any hookah bar.
(5) Intoxicated persons prohibited. Any person obviously under the influence of any intoxicating drug or beverage shall not be permitted to enter or patronize a hookah bar.
(6) Outdoor activity prohibited. Outdoor activity related to a hookah bar shall not be permitted.
(7) Loitering prohibited. The owner or operator of a hookah bar shall not permit loitering by persons outside the hookah bar.
(8) Ventilation system required. A hookah bar shall provide adequate ventilation for smoke in accordance with all city, state, and federal laws. The ventilation shall also ensure that smoke from the hookah bar is incapable of migrating into any other portion of the building hosting the hookah bar, or into any other building in the vicinity of the hookah bar.
(9) Lighting and visibility. No window coverings or window tinting shall be permitted which prevents visibility of the interior of a hookah bar from outside the premises during operating hours. The interior of a hookah bar shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to person with normal visual acuity.
(10) Parking. Parking for a hookah bar shall be provided as required for "Taverns, cocktail lounges" in Zoning Code Section 154.12.01, Off-Street Parking and Loading Requirements.
(11) Annual license.
(a) A person or entity seeking to own or operate a hookah bar within the City must receive a license, to be issued and renewed annually by the Chief of Police. The Chief of Police shall review each application, conduct any additional investigation which is deemed reasonable in assessing each application, and maintain a record of any person or entity who has received such a license.
(b) Based on the findings of the investigation, the Chief of Police may impose additional conditions upon the hookah bar's operation which in the discretion of the Chief of Police are necessary to ensure compatibility with other uses in the vicinity and to ensure the public health, safety, and welfare.
(c) The Chief of Police may deny an application for a hookah bar license for any of the following reasons: the applicant has been convicted of a felony; the applicant is under the age of twenty-one (21) years; the applicant has made a false statement in the application for a license; the application on its face indicates that the proposed hookah bar cannot be operated in accordance with the requirements of this section.
(d) A hookah bar license may be revoked for any of the following reasons: the owner or operator of the hookah bar violates any requirement of this section; the owner or operator of the hookah bar is convicted of a felony; the hookah bar is not in compliance with one or more of the conditions of its license.
(e) Notwithstanding this license requirement and any additional conditions imposed by the Chief of Police, a hookah bar shall also obtain all other approvals and permits required by Title XV: Land Usage of the Codified Ordinances of the City of West Carrollton.
(f) A fee for this license may be charged as provided in Chapter 37: General Fee Schedule.
(12) Compliance with state and federal laws. A hookah bar shall be in compliance with all state laws pertaining to smoking in a place of employment or in a public place, including but not limited to Ohio R.C. Chapter 3794: Smoking Ban, as well as all state and federal laws pertaining to the sale or furnishing of tobacco products to minors.
(Ord. 3567. Passed 8-25-15.)
§ 154.16.13 ALTERNATIVE FINANCIAL SERVICES PROVIDERS.
(A) Purpose. The purpose of these regulations is to establish minimum standards for the operation of alternative financial services providers to ensure security and compatibility with surrounding uses, to prevent an overconcentration and clustering of these businesses that may have an adverse effect on the city's appearance and property values, and to ensure the goals of the 2009 West Carrollton Comprehensive Plan to maintain and enhance the community's image and economic vitality are met.
(B) Applicability. These regulations shall apply to all alternative financial services providers as defined in § 154.02.01 currently operating within the city or seeking to locate or relocate within the city on or after the effective date of this section.
(C) Requirements. Alternative financial services providers shall be considered a conditional use in the B-2 General Commercial District as provided in § 154.10.423. In order to approve a conditional use application, the Planning Commission must determine that an alternative financial service provider meets all the requirements of § 154.07.01, Conditional Use Regulations, as well as all the requirements set forth below.
(1) Location. Alternative financial services providers shall not be permitted to operate in the following locations, as measured on a straight line from the nearest point of the outside walls of the building containing the alternative financial services provider to the nearest property line of the following uses:
(a) Within 1,500 feet of any other alternative financial services provider.
(b) Within 1,000 feet of any sexually-oriented business, tattoo or body piercing shop, store which sells alcoholic beverages for off-premises consumption, gun shop, or hookah bar.
(2) Hours of operation. Alternative financial services providers located within 150 feet of a lot or lots containing a conforming single-family residence, as measured on a straight line from the nearest point of the outside walls of the building containing the alternative financial services provider to the nearest property line of the residence, shall not be permitted to operate between the hours of 9:00 p.m. and 7:00 a.m.
(3) Lighting and visibility. Window and door areas shall not be covered, tinted, or obscured in any way, including by temporary or painted window signs, and the interior lighting of the business shall remain at adequate levels to clearly see into the business from the exterior of the business.
(4) Security devices. The use of bars, chains, or similar security devices that are visible from public view shall be prohibited.
(5) Outdoor activity. All receipt, sorting and processing of goods shall occur within a completely enclosed building. All outdoor sales shall be prohibited.
(6) Parking. Parking shall be provided as required for "banks and savings and loan associations without drive-in facility", as specified in § 154.12.01, Off-Street Parking and Loading Requirements.
(7) Compliance with state and federal laws. Alternative financial services providers shall be in compliance with all state and federal laws.
(Ord. 3582, passed 4-12-16)
§ 154.17.01 ARCHITECTURAL DESIGN STANDARDS.
(A) Purpose and Applicability.
(1) The purpose of this chapter is to promote development in the City of West Carrollton that contributes to it as a unique place that reflects its historic past, physical character and community identity. These regulations serve as a basis to promote creative and appealing architectural design; to enhance the longevity, overall integrity, and economic value of the built environment; and to strengthen the City's image.
(Ord. 3419. Passed 4-28-09.)
(2) This chapter shall apply to new construction of and major façade alterations to non-residential and multi-family residential buildings in the following zoning districts. Additions to existing buildings may continue with a similar exterior design to maintain architectural continuity.
(a) R-4 Multiple-Family Residential District.
(b) R-5 Multiple-Family Residential District.
(c) R-PUD Planned Development District.
(d) O-R Office Residential District.
(e) O Office District.
(f) B-1 Convenience Commercial District.
(g) B-2 General Commercial District.
(h) OD Olde Downtown District.
(i) CC City Center District.
(j) M-1 Business Park District, excepting the following uses: light manufacturing; warehousing/wholesaling/distribution facilities.
(k) M-2 Manufacturing District, excepting the following uses: heavy manufacturing; warehousing/wholesaling/distribution facilities.
(l) M-3 Rural Manufacturing District, excepting the following uses: heavy manufacturing; warehousing/wholesaling/distribution facilities.
(m) PUD Planned Unit Development District. (Ord. 3616. Passed 9-12-17.)
(3) The Planning Commission shall review the architectural design of all buildings regulated by this chapter in accordance with the requirements specified herein. All applications for design approval shall contain a written description of the proposed improvements as well as architectural elevations showing the color, dimensions, and materials of all improvements, at a minimum, and all other materials necessary for consideration of the request.
(B) Definitions.
(1) Brick. A solid masonry unit of clay or shale, formed into a rectangular prism while plastic and burned or fired in a kiln. No manufactured brick shall be permitted.
(2) Major façade alteration. Any material change in external architectural features including but not limited to walls, roofs, windows, siding, awnings/canopies, doors, and entrances, but not including painting, affecting more than fifty (50) percent of the total exterior wall area.
(3) Stone. Granite, marble, limestone, slate, river rock, field stone, and other hard and durable naturally occurring all-weather stone. Cut stone is acceptable. No manufactured stone shall be permitted.
(C) Building Design and Mass.
(1) Architectural elevations for all buildings shall be that the design, massing, materials, shape, and scale, of all buildings shall create a unified design on the premises and shall be visually compatible.
(2) All architectural elevations of principal buildings shall consist of a base, a body, and a cap.
(a) The base shall occupy the lowest portion of the elevation, and shall have a height no less than eight (8) percent of the average wall height.
(b) The body shall occupy the middle portion of the elevation, and shall have a height no less than sixty (60) percent of the average wall height.
(c) The cap shall occupy the highest portion of the elevation, excluding the roof, and shall have a height no less than eight (8) percent of the average wall height, not to exceed the height of the base. The cap shall consist of at least one of the following architectural features: a cornice, parapet, awning, canopy, or eaves.
(d) The base and cap shall be clearly distinguishable from the body through changes in color, material, pattern, profile, or texture. The cap and base shall have different materials than body unless otherwise approved by the Planning Commission.
(3) Blank building walls in public view are prohibited. Buildings shall incorporate architectural elements which serve to break up the horizontal emphasis of the elevation. Roofline changes, material or color changes, horizontal and vertical wall offsets, projections, recesses, pilasters, awnings, building entrances, true or faux windows, and other similar features are examples that may be utilized.
(4) All building rooftop mechanical equipment shall be screened from public view from all directions with architectural features (roof forms or parapet walls) of each building. Metal screening will not be accepted.
(D) Building Materials.
(1) Base: full-sized clay brick, natural stone, or textured concrete block are permitted as siding materials for the base of the building.
(2) Body: full-sized clay brick or natural stone are permitted as siding materials for the body of the building.
(3) Cap: full-sized clay brick, natural stone, textured concrete block, natural wood, or applied materials such as exterior insulation finish system (E.I.F.S.) or other synthetic materials are permitted materials for the cap of the building.
(4) The following materials may be permitted for limited use on the building base or cap with the specific approval of the Planning Commission: textured concrete block, masonry product, steel, architectural metal, natural wood, HardiPlank (fiber cement siding), or other similar building material.
(E) Colors. All exterior building colors shall be of low-reflectance, subdued earth tones. The use of black or high-intensity metallic or fluorescent colors is prohibited. Any building color or color combinations whose major function is to convey visual information or to attract visual attention is considered a sign and shall be subject to the requirements of Chapter 153: Signs.
(F) Other.
(1) Pitched roofs, especially gable and hip roofs, are encouraged. The height of any pitched roof shall not exceed one-half (1/2) of the overall building height. Permitted materials for pitched roofs include wood, slate, fiberglass reinforced asphalt roof shingles and standing seam or terned metal. Except when used on flat roofs that are not generally visible, roll roofing, built-up tar and gravel, metal panel or corrugated metal, plastic, or fiberglass roofing materials other than fiberglass reinforced asphalt roof shingles shall be prohibited.
(2) Service station canopies and columns, and freestanding ground or monument signs shall be clad in full-sized clay brick or natural stone matching the material and color of the principal building.
(3) Dumpster enclosures shall be clad on three sides in full-sized clay brick or natural stone matching the material and color of the principal building, with a locking powder-coated black opaque aluminum gate.
(G) Waivers. Alternatives to these requirements shall be reviewed and evaluated by the Planning Commission on the basis of whether the request will contribute to the enhancement, longevity, safety, utility, and overall integrity of a proposed structure. (Ord. 3419. Passed 4-28-09.)