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Westerville City Zoning Code

CHAPTER 1123

ER Estate Residential District

1123.01 PURPOSE.

   The purpose of the Estate Residential District is to provide a transition between more rural areas of the City of Westerville and adjacent jurisdictions, and more urbanized portions of the City. These areas are expected to be served by public utilities and to develop in a lower density, suburban development pattern.
(Ord. 92-45. Passed 6-16-92.)

1123.02 PERMITTED AND CONDITIONAL USES.

   (a)   Permitted Uses in the Estate Residential District are:
      (1)   Single family dwellings.
      (2)   Accessory structures to single family dwellings such as a garage for the non-commercial storage of automobiles.
      (3)   Churches and places of worship provided the land consists of at least three acres and parking and traffic accessibility requirements of Chapter 1171 are satisfied.
      (4)   Public schools provided the land consists of at least three acres and parking and traffic accessibility requirements of Chapter 1171 are satisfied.
      (5)   Public parks, playgrounds and playing fields operated with or without fee.
   (b)   Conditional Uses in the Estate Residential District are: The following uses are conditionally permitted within the Estate Residential District. These uses may be appropriate as permitted uses within the district but require more detailed evaluation with respect to location, design, size, method, and hours of operation, intensity of use and traffic generation and potential impact on surrounding uses, in order to balance these uses in an equitable manner while safeguarding both individual property rights and general, community welfare. It is the Planning Commission’s responsibility to perform this evaluation and after review, to attach necessary conditions and safeguards. The development standards contained in this Chapter are minimum standards. Planning Commission may require more restrictive standards for a conditional use based on the merits of each application. Review and approval of these uses are further regulated in Chapter 1111, Section 1123.03 and Section 1123.04, Conditional Use Supplementary Standards. Parenthetical reference to Section 1123.04 following a listed conditional use indicates that specific supplemental standards have been identified for that use in the referenced subsection.
      (1)   Private schools including child care centers offering general educational courses and having no facilities for the housing of students. Such use shall have sufficient area to provide for outdoor activities, parking and other related activities and be located and designed to provide adequate traffic movement and minimum interference with the use of adjacent property.
      (2)   Public Use Facilities other than those listed as permitted uses in Sections 1123.02(a)(4) and (a)(5).
      (3)   Public Service Facilities. (Section 1123.04(b))
      (4)   Customary home occupations which comply with the requirements of Chapter 1177 and have no adverse effect upon neighboring properties such as traffic or parking burdens.
(Ord. 97-46. Passed 5-20-97.)

1123.03 DEVELOPMENT STANDARDS.

   (a)   Lot Requirements for Each Dwelling in the Estate Residential District are:
      (1)   Minimum lot area: 40,000 square feet.
      (2)   Minimum lot width: 150 feet, having at least 60 feet of frontage on a publicly dedicated right-of-way, 170 feet for corner lots, located on publicly dedicated right-of-way.
      (3)   Minimum front yard: Fifty feet; Sixty feet for structures on lots located on arterial streets.
      (4)   Minimum side yard: Twenty feet for all structures.
      (5)   Minimum rear yard: fifty feet; twenty feet for accessory buildings, decks/patios thirty inches in height or less above the adjacent grade prior to construction.
      (6)   Maximum lot coverage: Twenty-five percent (25%).
      (7)   Maximum height: Thirty-five feet.
   (b)   Site Development Requirements in the Estate Residential District are: 
      (1)   Parking: at least two parking spaces, one of which must be enclosed.
      (2)   All applicable subdivision regulations and sign, parking and landscaping regulations of this Zoning Ordinance must be satisfied.
(Ord. 98-65A. Passed 10-6-98.)

1123.04 SUPPLEMENTARY STANDARDS FOR CONDITIONAL USES.

   All conditional uses shall meet the minimum requirements established by Section 1123.03 unless modified by this section:
   (a)   Purpose and Intent. The purpose of this section is to establish supplementary standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general standards of Section 1123.03 are met. It is the intent of this section to establish appropriate standards for permit processing and for location, design and operation of conditional uses to assure that they will be developed in a manner consistent with the purpose of the Estate Residential District.
   (b)   Wireless Telecommunication Facilities.
      (1)   Minimum lot area: The minimum required by the zoning district, but not less than three (3) acres. Preference will be given to larger sites such as schools, parks, churches and public facilities which minimize impact on residential areas and view corridors.
      (2)   Setbacks: Equal to the height of the tallest structure, but in no case less than zoning district requirements. The setback requirement based on height is not applicable when the proposed facility is constructed on or in an existing structure and does not extend more than 20 feet above the existing structure.
      (3)   Height: The maximum height of a tower shall be 150 feet including the antenna. The Planning Commission may allow the maximum height to increase to 200 feet to accommodate co-location. Equipment shelters shall meet district standards.
      (4)   Screening: Perimeter landscaping would be required around fencing at the base of the tower and around any building or equipment. The landscaping should have a year round opacity of 75%. A six foot minimum height would be required at installation for landscaping around the base of a tower. The Planning Commission may elect, in certain instances, to accomplish screening by materials other than landscaping.
      (5)   Parking and access: A paved access drive and one paved parking space for a service vehicle.
      (6)   Lighting. On site: Cutoff style fixtures for control of light spread. On tower: None, unless required by the Federal Aviation Administration (FAA).
      (7)   Color: The tower shall be painted a non-contrasting gray or similar color to minimize its visibility unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
      (8)   Emissions: Emissions standards for electromagnetic fields must be in compliance with current and future Federal Communication Commission (FCC) standards.
      (9)   Co-location: All approved installations must allow other providers to co-locate on the same pole to the extent technologically feasible at a reasonable and competitive market rate. All requests for new installation must demonstrate that there is no available space on existing towers or other suitable support structure within the established service area. New installations on an existing permitted tower are exempt from the conditional use process and may proceed with a standard building permit approval.
      (10)   Construction: All new towers shall be constructed to be capable of accommodating at least one additional wireless communication installation for another service provider.
      (11)   Removal: The applicant or any subsequent owner of the facility will remove it within 90 days of obsolescence or abandonment. Obsolescence is defined as being replaced by new technology. Abandonment would occur when the provider is no longer operating a viable telecommunication network using this facility.
      (12)   Design: Preference will be given to monopole construction. Only monopole construction would be allowed in residential districts.
      (13)   Signage: No signage or advertising is to be displayed on the tower structure.
(Ord. 97-46. Passed 5-20-97.)