Zoneomics Logo
search icon

Westerville City Zoning Code

CHAPTER 1147

UD Uptown District

1147.01 PURPOSE.

   The purpose of the Uptown District is to promote and protect the existing character of the central uptown area of the City by regulating land use and creating development standards for the new structures and for changes in existing uses or structures. Maintenance of the elements which create and sustain the historical character of the uptown area shall be encouraged. Such elements include the architectural features and character of existing buildings, as well as traditional colors, proportion and scale.
   The Uptown District is oriented towards pedestrian activity. Through the development of pedestrian facilities and amenities such as mall areas, seating and landscaping treatment, the central uptown area can be maintained as an attractive retail and office center.
(Ord. 81-48. Passed 7-7-81.)

1147.02 PERMITTED AND CONDITIONAL USES.

   (a)   Permitted Uses in the Uptown District are:
      (1)   Permitted uses in the Community Commercial, except sexually oriented businesses and shopping centers, and Office-Institutional Districts.
      (2)   Business and repair services as listed permitted uses in the Light Industrial District (Section 1159.02(a)(5) and (6)), except auto repair.
      (3)   Off-street parking facilities.
      (4)   Single family, two family and multiple family dwellings.
   (b)   Conditional Uses in the Uptown District are:
      (1)   Boarding houses and college lodging and fraternity houses when the Planning Commission determines there will be sufficient off-street parking, sufficient traffic accessibility, adequate yard space, and when any other requirements deemed necessary by the Planning Commission are satisfied.
      (2)   Nursing homes, senior and disabled housing, senior and disabled independent housing.
      (3)   Financial establishments with drive-thru facilities.
      (4)   Pet stores and animal grooming shops.
      (5)   Fast food restaurants.
      (6)   Gasoline service stations.
      (7)   Farmer's markets.
      (8)   Christmas tree lots and pumpkin sales.
      (9)   Hotels.
(Ord. 01-31A. Passed 6-19-01; Ord. 00-15. Passed 5-2-00; Ord. 2011-13. Passed 3-15-11; Ord. 2105-21A. Passed 6-16-15.)

1147.03 DEVELOPMENT STANDARDS FOR RESIDENTIAL USES.

   (a)   When the use is a single family dwelling, development standards are those required in the R-2 Single Family District.
   (b)   When the use is a two-family dwelling, development standards are those required in the R-3 Two-Family District.
   (c)   When the use is a multiple family dwelling or a conditional use in Section 1147.02(b)(1) or (2), development standards are those required in the R-4 Multiple Family District.
   (d)   When the use is mixed use which includes residential uses, the development standards are those required in Section 1147.04.
(Ord. 96-8. Passed 3-5-96; Ord. 2017-06. Passed 10-17-17.)

1147.04 DEVELOPMENT STANDARDS FOR NONRESIDENTIAL USES.

   (a)   Lot Requirements in the Uptown District are:
      (1)   Minimum lot area: None.
      (2)   Minimum lot width: None.
      (3)   Minimum front yard: The front building line shall be determined by computing the average building setbacks for existing structures along the same block face. The setback line can be waived or modified by the Planning Commission for special design features such as arcades or special window details.
      (4)   Minimum side yard: For interior lots, none. For corner lots, five feet for any structure.
      (5)   Minimum rear yard: None. All service and delivery areas shall be to the rear of the use, except when no rear access is available.
      (6)   Maximum lot coverage: The Planning Commission may require that at least five percent (5%) of the lot area, exclusive of publicly dedicated rights of way, shall be devoted to yard space, courtyard or pedestrian space. Service or delivery areas shall not be included in determining such yard space requirements.
   (b)   Building Requirements in the Uptown District are: Maximum height: forty feet.
   (c)   Site Development Requirements in the Uptown District are:
      (1)   Parking requirements: The Planning Commission shall determine the nature and extent to which compliance with the provisions of Chapter 1171 is necessary.
      (2)   All applicable subdivision regulations, sign regulations as well as landscaping regulations of this Zoning Ordinance must be satisfied.
      (3)   Trash and litter shall be controlled, and stored in container systems which are located and enclosed in a manner to screen them from view.
      (4)   The development of pedestrian facilities shall be encouraged. Such facilities include the development of pedestrian accessways to rear parking areas, outdoor sitting areas, and planters. Outdoor benches and planters shall be similar in design and material and be compatible with the existing character and architectural theme in the central uptown area.
(Ord. 92-81. Passed 1-19-93.)

1147.05 DEVELOPMENT STANDARDS FOR NURSING HOMES, SENIOR AND DISABLED HOUSING AND SENIOR AND DISABLED INDEPENDENT HOUSING.

   (a)   Lot Requirements:
      (1)   Minimum lot area: Ten thousand square feet.
      (2)   Minimum lot area per unit: Three thousand six hundred square feet.
      (3)   Minimum lot width: One hundred feet on a publicly dedicated right-of-way at the front building line.
      (4)   Minimum front yard: Thirty feet; 40 feet for structures on lots fronting on major, minor arterial and major collectors as designated by the Official Thoroughfare Plan.
      (5)   Minimum side yard: Ten feet for principal building walls with no doors or windows. For principal building walls with windows and doors, facing the side yard, the minimum side yard shall be equal to the height of the building, or a minimum of 25 feet, whichever is greater. One- story accessory buildings and any pavement shall not be closer than ten feet to a side yard lot line.
      (6)   Minimum rear yard: Twenty-five feet. Any pavement and one-story accessory buildings shall not be closer than ten feet to the rear lot line. For garages, an additional two feet of rear yard is required for each parking space in the garage in excess of two spaces.
      (7)   Minimum distance between buildings: If there are two or more buildings located on a single lot, the minimum distance between opposite walls shall be ten feet for facing walls with no windows or doors. If any one or both of the walls facing each other have windows or other wall openings, the minimum distance between walls shall be equal to the height of the higher building.
      (8)   Two-story accessory buildings shall be located at least 65 feet from any lot line.
      (9)   Maximum lot coverage: Fifty percent for structures and pavement.
      (10)   Units are to be within reasonable walking distance, generally within two blocks, of major traffic arteries, shopping, community facilities, and other daily activities. If this requirement cannot be met, daily service by shuttle bus for residents to these activities must be available.
   (b)   Building Requirements:
      (1)   Maximum height: Thirty-five feet.
      (2)   Minimum dwelling unit area: A minimum of 300 square feet of living space for efficiency apartments with private bathrooms, 220 square feet for efficiency apartments without private bathrooms, 500 square feet for one bedroom units and 700 square feet for two bedroom units. A minimum of 100 square feet of living space per person for nursing homes.
      (3)   Any senior citizen or physically handicapped housing development containing two or more stories shall contain elevator access to all dwelling units above the first floor.
      (4)   The owner shall file with the Franklin County Recorder a covenant, approved as to form by the City Attorney, in which said owner shall covenant on behalf of themselves, their heirs, executors, and assigns not to use the property for any other use than nursing homes, senior and disabled housing or senior and disabled independent housing, unless the use complies with all requirements of the Planning and Zoning Code. Required compliance includes, but is not limited to, density, unit sizes, parking, and setbacks.
      (5)   Any facility containing two or more stories shall contain elevator access to all dwelling units above the first floor.
      (6)   Housing shall be specifically designed for senior and disabled citizens and include facilities generally associated with the needs and interests of aged persons. Access to these facilities and common and public use areas shall be provided in accordance with the “Fair Housing Accessibility Guidelines” (FHAG) as prescribed in R.C. § 3781.1.111.
   (c)   Site Development Requirements:
      (1)   All applicable subdivision regulations, sign regulations, as well as parking and landscaping regulations of this Zoning Ordinance must be satisfied. The location, size, design, and operating characteristics of the facility will be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density; to harmful effect, if any, upon desirable neighborhood character.
      (2)   Parking accommodations and loading areas shall be provided pursuant to a layout plan designed by the owner of the land to be developed conforming to subsection (c)(7) hereof and Chapter 1171 and showing traffic movement, ingress and egress, traffic control points, the number and size of parking spaces and service areas. In addition, the expected peak hour traffic volume for employees, members of the public and deliveries shall be described by text. The facility shall not adversely affect the generation of traffic and the capacity of surrounding streets.
      (3)   Provision for storm drainage shall be adequate to protect the public and owners of surrounding land.
      (4)   Trash and litter shall be controlled and stored in container systems which are located and enclosed in a manner to screen them from view.
      (5)   All service and delivery shall be at the rear of structures; provided however, that under hardship conditions provisions may be made for service and delivery at the side of structures.
      (6)   Provision shall be made for an emergency medical service drive or zone.
      (7)   The minimum number of parking spaces shall be one for each unit.
      (8)   In addition to the requirements of Section 1111.02(c), a site development plan shall be submitted to the Planning Commission. The plan shall set forth:
         A.   Natural scenic characteristics preserved.
         B.   Recreational, education and social facilities of the development.
         C.   Pedestrian and bicycle access to neighborhood facilities, parks and scenic areas.
         D.   Building architectural design and construction materials.
      (9)   A minimum of 20% of the total site shall be designated as common open space for active and/or passive recreational uses. Common open space shall not include required setback and buffer yard areas. Up to 40% of the required common open space area may be provided in the form of a common leisure/recreation room.
(Ord. 00-15. Passed 5-2-00; Ord. 2024-11. Passed 7-2-24.)

1147.06 SUPPLEMENTARY STANDARDS FOR CONDITIONAL USES.

   (a)   Christmas Tree Lots and Pumpkin Sales.
      (1)   Operation shall not exceed 45 days in duration and no more than once per calendar year.
      (2)   Setbacks shall conform to those of the zoning district.
      (3)   Signage shall conform to temporary sign standards.
      (4)   Flashing, blinking, or moving lights of any kind are not permitted.
      (5)   Planning Commission will determine hours of operation, access, traffic, site lighting, and proximity to adjacent residential uses.
      (6)   Christmas tree lots and pumpkin sales sites shall be cleaned and restored to their original condition within seven days of the end of operation.
      (7)   Conditional use permits are valid for one year. Annual renewals may be granted administratively if the operation remains consistent with Planning Commission's approval.
   (b)   Farmer's Markets.
      (1)   Operation shall be between April 1 and December 1 and not exceed two days per week.
      (2)   Setbacks shall conform to those of the zoning district.
      (3)   Signage shall conform to temporary sign standards.
      (4)   Flashing, blinking, or moving lights of any kind are not permitted.
      (5)   Planning Commission will determine hours of operation, access, traffic, site lighting, and proximity to adjacent residential uses.
      (6)   Farmer's market sites shall be cleaned and restored within 24 hours of the end of operation.
      (7)   Conditional use permits are valid for one year. Annual renewals may be granted administratively if the operation remains consistent with Planning Commission's approval.
(Ord. 2011-13. Passed 3-15-11.)