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Whitehall City Zoning Code

TITLE TWO

Districts

1103.01 INTRODUCTION.

FIGURE 1103.01: SINGLE AND TWO-UNIT RESIDENTIAL AND MULTI-UNIT RESIDENTIAL DISTRICT MAP
(Ord. 081-2023. Passed 10-3-23.)

1103.02 (STUR) SINGLE AND TWO-UNIT RESIDENTIAL DISTRICT.

   (a)   Intent. The Single and Two-Unit Residential District is intended to support residential neighborhood development consistent with established residential areas throughout the city. This district supports single- and two-unit along with auxiliary dwelling units.
   (b)   Permitted Building Types. The building types permitted in the STUR District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum building type and setback dimensions. See Section 1107.01 (Building Typologies) for detailed design standards.
 
1. PERMITTED BUILDING TYPES
REFERENCE
Detached Single-Unit Building
Attached Single-Unit Building
Duplex Building
Multi-Unit Building
Institutional Flex Building (SP)
   (c)   Building Placement.
   (d)   Building Form.
   Each proposed building in the STUR District shall comply with the following building form standards.
1. HEIGHT
Max. Height (Stories)
4
F
2. REQUIRED FRONTAGE TYPES
FRONTAGE TYPE
PRIMARY STREET
REFERENCE
Gallery
Permitted
Yard
Permitted
Forecourt
Permitted
Porch
Permitted
Stoop
Permitted
NOTES
Building equipment may not be visible from the primary street.
Light trespass may not be visible from adjacent properties. See detailed performance standards in Section 1115.02 - Lighting Standards.
Street-facing garages must be recessed 3 feet from the front facade, and can be no wider than 50% of the width of the front facade
Carports must be recessed 3 feet from the front facade, and can be no wider than 25% of the width of the front facade.
   (e)   Parking Placement. Off-street parking shall be located in compliance with the following standards.
 
1. PARKING LOCATION
Driveway or Garage; Front Yard Parking Not Permitted
2. PARKING DESIGN
N/A
   (f)   Signage. The signage types permitted in the STUR District are as specified in Chapter 1112 Signs.
   (g)   Permitted Open Space Types. The open space types permitted in the STUR District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum open space type and setback dimensions. See Section 1107.02 (Open Space Typologies) for detailed standards.
 
1. PERMITTED OPEN SPACE TYPES
Greenway/Trail
Plaza
Green
Sport Field
   (h)   Permitted Land Uses and Permit Requirements. Land uses in the following table are defined in Chapter 1128 Defined Terms (A-Z).
TABLE 1103.02 PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
STUR
SPECIFIC USE
REGULATIONS
Accessory Uses (Any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use)
 
RESIDENTIAL
Accessory dwelling units
 
Short-Term Rental
 
Dwelling, Single-Unit, Detached, Attached, Duplex
 1
Dwelling, Three- and Seven-Unit
 
Dwelling, Multi-Unit (Eight and above)
N/A
Live/Work Units
N/A
Group Care Facility
N/A
Group Home
N/A
Nursing Home
 
Senior Independent Living Facility
 
Senior Assisted Living Facility
 
Skilled Care Facility
N/A
Transitional Dwelling
N/A
TABLE 1103.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
STUR
SPECIFIC USE REGULATIONS
 COMMERCIAL
Personal Service
N/A
Retail Sales < 5,000 sf
N/A
Retail Sales 5,000 sf to 25,000 sf
N/A
Retail Sales > 25,000 sf
N/A
Commercial Retail Sales and Services
N/A
Business and Professional Offices
N/A
Brewery/Distillery
N/A
Microbrewery/Microdistillery
N/A
Drive-in Windows and Drive-Through Facilities
N/A
Eating and Drinking Establishments
N/A
Off-Street Public Parking Lots and Garages
N/A
Nursery and Garden Supply Stores
N/A
Instructional Spaces and Studios
N/A
Gyms and Physical Fitness Facilities
N/A
Gasoline Stations
N/A
Small Vehicle Sales
N/A
TABLE 1103.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
STUR
SPECIFIC USE REGULATIONS
 COMMERCIAL
Recreational Vehicle Sales
N/A
Bed & Breakfast
 
Hotels Motels or Tourist Homes
N/A
Vehicle and Large Equipment Repair
N/A
Car Wash Establishments
N/A
Funeral Home and Services, Excluding Crematories
N/A
Crematories
N/A
Sexually Oriented Business
N/A
Commercial Outdoor Recreation
N/A
Commercial Indoor Recreation
N/A
Veterinarian, Animal Boarding and Services
N/A
Art, Museum, or Cultural Facility
N/A
Non-Industrial Food Production and Catering
N/A
Food Trucks
N/A
TABLE 1103.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
STUR
SPECIFIC USE REGULATIONS
PUBLIC FACILITIES, INSTITUTIONS AND TRANSPORTATION
Passenger Transportation Agencies and Terminals
N/A
Day Care, Type A
 
Day Care, Type B
 
Day Care Facility
N/A
Small-Scale Assembly
 
Large-Scale Assembly
 
Civic, Social, Cultural Organizations or Clubs
N/A
Public Utility Rights-of-Way, and Pertinent Structures and Telecommunication Towers
N/A
Solar Facilities
 
Educational Institution
 
Parks and Trails
 
Governmentally Owned and/or Operated Buildings and Facilities
 
MEDICAL
Medical and Health Care Offices
N/A
Urgent Care or Clinic
N/A
Hospital
N/A
TABLE 1103.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
STUR
SPECIFIC USE REGULATIONS
INDUSTRIAL
Artisan Manufacturing
N/A
Research and Development Facilities
N/A
Warehousing, Wholesaling and Transportation Services
N/A
Storage/Mini Storage
N/A
Maker Space
N/A
Small Light Industrial
N/A
Large Light Industrial
N/A
Heavy Industrial
N/A
Industrial, Commercial or Construction Services
N/A
Building Material Dealers and Sales
N/A
Drilling or Extractive Activities
N/A
(Ord. 081-2023. Passed 10-3-23; Ord. 037-2025. Passed 6-17-25.)

1103.03 (MUR) MULTI-UNIT RESIDENTIAL DISTRICT.

   (a)   Intent. The Multi-Unit Residential District is intended to support higher-density multi-unit residential development, consistent with the greater neighborhood. These areas should be highly walkable, integrated into the regional transit system, and prioritize the pedestrian experience and quality urban form.
   (b)   Permitted Building Types. The building types permitted in the MUR District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum building type and setback dimensions. See Section 1107.01 (Building Typologies) for detailed design standards.
1. PERMITTED BUILDING TYPES
REFERENCE
Detached Single-Unit Building
Attached Single-Unit Building
Duplex Building
Multi-Unit Building
Multi-Unit Complex
Primary School Building
School and Institutional Building
Bed and Breakfast Building
Community Center Building
Office Building (SP)
Maker Space or Live-Work Unit
   (c)   Building Placement.
   (d)   Building Form.
   Each proposed building in the MURDistrict shall comply with the following building form standards.
1. HEIGHT
Max. Height (Stories)
4
F
2. REQUIRED FRONTAGE TYPES
FRONTAGE TYPE
PRIMARY STREET
REFERENCE
Shopfront
Permitted (where special use permissions are granted)
Patio
Permitted (where special use permissions are granted)
Yard
Permitted
Terrace
Permitted
Forecourt
Permitted
Streetwall
Permitted
NOTES
Building equipment may not be visible from the primary street.
Light trespass may not be visible from adjacent properties. See detailed performance standards in Section 1115.02 - Lighting Standards.
Street-facing garages must be recessed 3 feet from the front facade. Lots wider than 80 feet; a garage door may not comprise more than 50% of the lineal width of the street facing facade.
Carports must be recessed 3 feet from the front facade, and can be no wider than 25% of the width of the front facade.
    (e)   Parking Placement. Off-street parking shall be located in compliance with the following setback standards.
 
1. PARKING LOCATION
No more than 35% of parking may be located between a side lot line and the primary structure.
2. PARKING DESIGN
No more than 35% of parking may be located between a side lot line and the primary structure.
   (f)       Signage. The signage types permitted in the MUR Distict are as specified in Chapter 1112 Signs.
   (g)   Permitted Open Space Types. The open space types permitted in the MUR District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum open space type and setback dimensions. See Section 1107.02 (Open Space Typologies) for detailed standards.
1. PERMITTED OPEN SPACE TYPES
REFERENCE
Greenway/Trail
Plaza
Square
Green
Pocket Plaza
Sport Field
Green Infrastructure
   (h)   Permitted Land Uses and Permit Requirements. Land uses in the following table are defined in Chapter 1128 Defined Terms (A-Z).
TABLE 1103.03 PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MUR
SPECIFIC USE
REGULATIONS
Accessory Uses (Any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use)
 
RESIDENTIAL
Accessory Dwelling Units
 
Short-Term Rental
 
Dwelling, Single-Unit Detached, Attached, Duplex
 
Dwelling, Three- and Seven-Unit
 
Dwelling, Multi-Unit (Eight and Above)
 
Live/Work Units
 
Group Care Facility
 
Group Home
 
Nursing Home
 
Senior Independent Living Facility
 
Senior Assisted Living Facility
 
Skilled Care Facility
 
Transitional Dwelling
 
   
TABLE 1103.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MUR
SPECIFIC USE REGULATIONS
 COMMERCIAL      
Personal Service
 
Retail Sales < 5,000 sf
 2
Retail Sales 5,000 sf to 25,000 sf
N/A
Retail Sales > 25,000 sf
N/A
Commercial Retail Sales and Services
N/A
Business and Professional Offices
 
Brewery/Distillery
N/A
Microbrewery/Microdistillery
 
Drive-in Windows and Drive-Through Facilities
N/A
Eating and Drinking Establishments
 
Off-Street Public Parking Lots and Garages
N/A
Nursery and Garden Supply Stores
N/A
Instructional Spaces and Studios
 
Gyms and Physical Fitness Facilities
 
Gasoline Stations
N/A
Small Vehicle Sales
N/A
TABLE 1103.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MUR
SPECIFIC USE REGULATIONS
 COMMERCIAL      
Recreational Vehicle Sales
N/A
Bed & Breakfast
 
Hotels Motels or Tourist Homes
 
Vehicle and Large Equipment Repair
N/A
Car Wash Establishments
N/A
Funeral Home and Services, Excluding Crematories
N/A
Crematories
N/A
Sexually Oriented Business
N/A
Commercial Outdoor Recreation
N/A
Commercial Indoor Recreation
N/A
Veterinarian, Animal Boarding and Services
 
Art, Museum, or Cultural Facility
N/A
Non-Industrial Food Production and Catering
N/A
Food Trucks
 
TABLE 1103.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MUR
SPECIFIC USE REGULATIONS
PUBLIC FACILITIES, INSTITUTIONS AND TRANSPORTATION
Passenger Transportation Agencies and Terminals
N/A
Day Care, Type A
 
Day Care, Type B
 
Day Care Facility
 
Small-Scale Assembly
 
Large-Scale Assembly
 
Civic, Social, Cultural Organizations or Clubs
 
Public Utility Rights-of-Way, and Pertinent Structures and Telecommunication Towers
N/A
Solar Facilities
 
Educational Institution
 
Parks and Trails
 
Governmentally Owned and/or Operated Buildings and Facilities
 
MEDICAL      
Medical and Health Care Offices
 
Urgent Care or Clinic
N/A
Hospital
N/A
TABLE 1103.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MUR
SPECIFIC USE REGULATIONS
INDUSTRIAL
Artisan Manufacturing
N/A
Research and Development Facilities
N/A
Warehousing, Wholesaling and Transportation Services
N/A
Storage/Mini Storage
N/A
Maker Space
N/A
Small Light Industrial
N/A
Large Light Industrial
N/A
Heavy Industrial
N/A
Industrial, Commercial or Construction Services
N/A
Building Material Dealers and Sales
N/A
Drilling or Extractive Activities
N/A
 
(Ord. 081-2023. Passed 10-3-23.)
 

1104.01 INTRODUCTION.

   FIGURE 1104.01: CORRIDOR DISTRICTS MAP
(Ord. 081-2023. Passed 10-3-23.)

1104.02 (BRD) BROAD STREET DISTRICT.

    (a)   Intent. The Broad Street District is intended to create a pedestrian- scaled, walkable corridor with uses focused on corporate office, neighborhood retail nodes, financial services, and restaurants to support corridor workers and those in the neighboring MILO district. Development should augment transit, active transportation and vehicular access to this corridor as a significant community spine for local residents and workers as well as regional visitors. Large-scale residential at medium to high-density are also appropriate for this corridor, with quality site design that creates pedestrian-oriented street frontages.
 
   (b)   Permitted Building Types. The building types permitted in the BRD District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum building type and setback dimensions. See Section 1107.01 (Building Typologies) for detailed design standards.
1. PERMITTED BUILDING TYPES
REFERENCE
Multi-Unit Building
Multi-Unit Complex
Small Flex Retail Building
Medium Flex Retail Building
Large Flex Retail Building
Institutional Flex Building
School and Institutional Building
Community Center Building
Office Building
Office-Corporate Building
Retail Large Format Building
Assembly Use Building
Maker Space or Live-Work Units
   (c)   Building Placement.
   (d)   Building Form.  
   Each proposed building in the BRD District shall comply with the following building form standards.
2. REQUIRED FRONTAGE TYPES
FRONTAGE TYPE
PRIMARY STREET
SECONDARY STREET
REFERENCE
Shopfront
Permitted
Permitted
Patio
Permitted
Permitted
Yard
Permitted
Permitted
Terrace
Permitted
Permitted
Forecourt
Permitted
Permitted
Streetwall
Permitted
Permitted
 
NOTES         
Any buildings over 75' in width must be articulated with a demising line or designed to read as a series of buildings no wider than 75' each.
No mechanical systems shall be visible from any street. Any building mechanical equipment must be fully shielded by shrubs, a wall, or a wood, metal or composite fence. No mechanical or utility equipment may be located within 40 feet of the front façade or corner. Unit exhaust and louvers are not permitted on facades; systems shall route through roof.
Lighting shall be aimed downward at the building such that no light projects above the fixture. Building lighting should be mounted at 8 feet or higher.
Ground level facades must have glazing on a minimum of 40% of all walls that face primary or secondary streets. Where there is a residential use on the first floor, windows shall comprise no less than 20% of the first floor facade.
   (e)   Parking Placement.
   Off-street parking shall be located in compliance with the following setback standards.
 
2. PARKING LOCATION
Side or Rear Yard
3. PARKING DESIGN
5' landscaped strip at perimeter and landscaped parking islands for every 30 parking spaces. Green infrastructure installation (e.g. bioswales) may be substituted for parking islands. See description and illustration of H. Green Infrastructure in Section 1123.11.07 (Open Space Typologies).
   (f)   Signage. The signage types permitted in the BRD District are limited to the following in the table below. See Chapter 1112 Signs for detailed standards.
 
1. PERMITTED SIGN TYPES
REFERENCE
Flat Wall Signs
Free-Standing Signs
Projecting Signs
Marquee Signs
Window and Door Signs
Roof Signs
   (g)   Permitted Open Space Types. The open space types permitted in the BRD District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum open space type and setback dimensions. See Section 1107.02 (Open Space Typologies) for detailed standards.
1. PERMITTED OPEN SPACE TYPES
REFERENCE
Greenway/Trail
Plaza
Square
Green
Passage
Pocket Plaza
Green Infrastructure
2. STREETSCAPE
Development shall connect to the public sidewalk, bikeway network, adjacent parks, and multi-use trail network. Sidewalks shall be provided as part of new development at a minimum of 8' in width. In instances where there are documented, practical challenges to providing the sidewalk based on the site configuration, or there is an existing sidewalk meeting the standards, an administrative waiver may be granted to provide relief from this provision.
Street trees shall be provided as part of all new developments. One street tree must be planted for every 40 lineal feet of frontage along a primary or secondary street. In instances where there are documented, practical challenges to providing the street trees based on the site configuration, an administrative waiver may be granted to provide relief from street tree provision.
   (h)   Permitted Land Uses and Permit Requirements. Land uses in the following table are defined in Chapter 1128 Defined Terms (A-Z).
TABLE 1104.02 PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
BRD
SPECIFIC USE
REGULATIONS
Accessory Uses (Any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use)
 
RESIDENTIAL
Accessory Dwelling Units
N/A
Short-Term Rental
 
Dwelling, Single-Unit Detached, Attached, Duplex
N/A
Dwelling, Three- and Seven-Unit
N/A
Dwelling, Multi-Unit (Eight and Above)
 
Live/Work Units
 
Group Care Facility
 
Group Home
 
Nursing Home
 
Senior Independent Living Facility
 
Senior Assisted Living Facility
 
Skilled Care Facility
 
Transitional Dwelling
 
TABLE 1104.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
BRD
SPECIFIC USE REGULATIONS
 COMMERCIAL      
Personal Service
 
Retail Sales < 5,000 sf
 
Retail Sales 5,000 sf to 25,000 sf
 
Retail Sales > 25,000 sf
 
Commercial Retail Sales and Services
 
Business and Professional Offices
 
Brewery/Distillery
N/A
Microbrewery/Microdistillery
N/A
Drive-in Windows and Drive-Through Facilities
 
Eating and Drinking Establishments
 
Off-Street Public Parking Lots and Garages
 
Nursery and Garden Supply Stores
 
Instructional Spaces and Studios
 
Gyms and Physical Fitness Facilities
 
Gasoline Stations
 
Small Vehicle Sales
 
TABLE 1104.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
BRD
SPECIFIC USE REGULATIONS
 COMMERCIAL
Recreational Vehicle Sales
 
Bed & Breakfast
N/A
Hotels Motels or Tourist Homes
 
Vehicle and Large Equipment Repair
 
Car Wash Establishments
 
Funeral Home and Services, Excluding Crematories
 
Crematories
N/A
Sexually Oriented Business
 
Commercial Outdoor Recreation
 
Commercial Indoor Recreation
 
Veterinarian, Animal Boarding and Services
 
Art, Museum, or Cultural Facility
 
Non-Industrial Food Production and Catering
 
Food Trucks
 
TABLE 1104.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
BRD
SPECIFIC USE REGULATIONS
PUBLIC FACILITIES, INSTITUTIONS AND TRANSPORTATION
Passenger Transportation Agencies and Terminals
 
Day Care, Type A
N/A
Day Care, Type B
N/A
Day Care Facility
 
Small-Scale Assembly
 
Large-Scale Assembly
 
Civic, Social, Cultural Organizations or Clubs
N/A
Public Utility Rights-of-Way, and Pertinent Structures and Telecommunication Towers
 
Solar Facilities
 
Educational Institution
 
Parks and Trails
 
Governmentally Owned and/or Operated Buildings and Facilities
 
MEDICAL
Medical and Health Care Offices
 
Urgent Care or Clinic
 
Hospital
 
   
TABLE 1104.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
BRD
SPECIFIC USE REGULATIONS
INDUSTRIAL
Artisan Manufacturing
N/A
Research and Development Facilities
 
Warehousing, Wholesaling and Transportation Services
N/A
Storage/Mini Storage
N/A
Maker Space
 
Small Light Industrial
 
Large Light Industrial
N/A
Heavy Industrial
N/A
Industrial, Commercial or Construction Services
N/A
Building Material Dealers and Sales
N/A
Drilling or Extractive Activities
N/A
(Ord. 081-2023. Passed 10-3-23.)

1104.03 (MAIN) MAIN STREET DISTRICT.

   (a)   Intent. The Main Street District is intended to create a commercial corridor that accommodates a variety of retail, service, dining, and entertainment uses. That may include auto-oriented uses within the context of improved site design for Main Street walkability and access to transit. Large-scale residential at medium to high-density are also appropriate for this corridor, with quality site design that creates pedestrian-oriented street frontages.
 
   (b)   Permitted Building Types.  The building types permitted in the MAIN District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum building type and setback dimensions. See Section 1107.01 (Building Typologies) for detailed design standards.
1. PERMITTED BUILDING TYPES
REFERENCE
Attached Single-Unit Building
Multi-Unit Building
Multi-Unit Complex
Small Flex Retail Building
Medium Flex Retail Building
Large Flex Retail Building
Institutional Flex Building
Primary School Building
School and Institutional Building
Bed and Breakfast Building
Community Center Building
Office Building
Office-Corporate Building
Retail Large Format Building
Assembly Use Building
   (c)   Building Placement.
2. LOT COVERAGE
Lot Coverage
N/A
Open Space (Min.) - Excluding paved areas
30%
3. SITE
Lot Ftontage
N/A
Size
N/A
NOTES
All floors must have a primary ground-floor entrance facing the primary or side street.
Rear-facing buildings, loading docks, overhead doors, and other service entries are prohibited on primary or secondary street-facing facades. Garage doors with minimum 70% transparency that do not serve a loading and unloading function are permitted on the primary or secondary street facades.
Dumpsters must be fully screened and located between the primary structure and the rear property line.
For commercial or mixed uses abutting a residential district, a 6' tall opaque fence will be constructed and a row of evergreen trees at a minimum of 12' in height will be planted along the shared property line for screening purposes, except in portions where visibility for safe vehicular or pedestrian movement is impacted.
   (d)   Building Form.
   Each proposed building in the MAIN District shall comply with the following building form standards.
2. REQUIRED FRONTAGE TYPES
FRONTAGE TYPE
PRIMARY STREET
SECONDARY STREET
REFERENCE
Shopfront
Permitted
Permitted
Patio
Permitted
Permitted
Yard
Permitted
Permitted
Terrace
Permitted
Permitted
Forecourt
Permitted
Permitted
Streetwall
Permitted
Permitted
   
 
NOTES
Any buildings over 75' in width must be articulated with a demising line or designed to read as a series of buildings no wider than 75' each.
No mechanical systems shall be visible from any street. Any building mechanical equipment must be fully shielded by shrubs, a wall, or a wood, metal or composite fence. No mechanical or utility equipment may be located within 40 feet of the front façade or corner. Unit exhaust and louvers are not permitted on facades; systems shall route through roof.
Lighting shall be aimed downward at the building such that no light projects above the fixture. Building lighting should be mounted at 8 feet or higher.
Ground level facades must have glazing on a minimum of 40% of all walls that face primary or secondary streets. Where there is a residential use on the first floor, windows shall comprise no less than 20% of the first floor facade.
   (e)   Parking Placement.
   Off-street parking shall be located in compliance with the following setback standards.
 
2. PARKING LOCATION
Side or Rear Yard
3. PARKING DESIGN
5' landscaped strip at perimeter and landscaped parking islands for every 30 parking spaces. Green infrastructure installation (e.g. bioswales) may be substituted for parking islands. See description and illustration of H. Green Infrastructure in Section 1107.02(h) (Open Space Typologies).
   (f)   Signage. The signage types permitted in the BRD District are limited to the following in the table below. See Chapter 1112 Signs for detailed standards.
 
1. PERMITTED SIGN TYPES
REFERENCE
Flat Wall Signs
Free-Standing Signs
Projecting Signs
Marquee Signs
Window and Door Signs
Roof Signs
   (g)   Permitted Open Space Types. The open space types permitted in the MAIN District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum open space type and setback dimensions. See Section 1107.02 (Open Space Typologies) for detailed standards.
1. PERMITTED OPEN SPACE TYPES
REFERENCE
Greenway/Trail
Plaza
Square
Green
Passage
Pocket Plaza
Green Infrastructure
2. STREETSCAPE
Development shall connect to the public sidewalk, bikeway network, adjacent parks, and multi-use trail network. Sidewalks shall be provided as part of new development at a minimum of 6' in width and a planting strip at a minimum of 3'. In instances where there are documented, practical challenges to providing the sidewalk and/or planting strip based on the site configuration, or there is an existing sidewalk meeting the standards, an administrative waiver may be granted to provide relief from this provision.
Street trees shall be provided as part of all new developments. One street tree must be planted for every 40 lineal feet of frontage along a primary or secondary street. In instances where there are documented, practical challenges to providing the street trees based on the site configuration, an administrative waiver may be granted to provide relief from street tree provision.
   (h)   Permitted Land Uses and Permit Requirements. Land uses in the following table are defined in Chapter 1128 Defined Terms (A-Z).
TABLE 1104.03 PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MAIN
SPECIFIC USE
REGULATIONS
Accessory Uses (Any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use)
 
RESIDENTIAL
Accessory Dwelling Units
N/A
Short-Term Rental
 
Dwelling, Single-Unit Detached, Attached, Duplex
N/A
Dwelling, Three- and Seven-Unit
 
Dwelling, Multi-Unit (Eight and Above)
 
Live/Work Units
 
Group Care Facility
 
Group Home
 
Nursing Home
 
Senior Independent Living Facility
 
Senior Assisted Living Facility
 
Skilled Care Facility
 
Transitional Dwelling
 
 
TABLE 1104.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MAIN
SPECIFIC USE REGULATIONS
 COMMERCIAL
Personal Service
 
Retail Sales < 5,000 sf
 
Retail Sales 5,000 sf to 25,000 sf
 
Retail Sales > 25,000 sf
 
Commercial Retail Sales and Services
 
Business and Professional Offices
 
Brewery/Distillery
N/A
Microbrewery/Microdistillery
N/A
Drive-in Windows and Drive-Through Facilities
 
Eating and Drinking Establishments
 
Off-Street Public Parking Lots and Garages
 
Nursery and Garden Supply Stores
 
Instructional Spaces and Studios
 
Gyms and Physical Fitness Facilities
 
Gasoline Stations
 
Small Vehicle Sales
 
   
TABLE 1104.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MAIN
SPECIFIC USE REGULATIONS
 COMMERCIAL
Recreational Vehicle Sales
N/A
Bed & Breakfast
N/A
Hotels Motels or Tourist Homes
 
Vehicle and Large Equipment Repair
 
Car Wash Establishments
 
Funeral Home and Services, Excluding Crematories
 
Crematories
N/A
Sexually Oriented Business
N/A
Commercial Outdoor Recreation
 
Commercial Indoor Recreation
 
Veterinarian, Animal Boarding and Services
 
Art, Museum, or Cultural Facility
 
Non-Industrial Food Production and Catering
 
Food Trucks
 
 
TABLE 1104.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MAIN
SPECIFIC USE REGULATIONS
PUBLIC FACILITIES, INSTITUTIONS AND TRANSPORTATION
Passenger Transportation Agencies and Terminals
 
Day Care, Type A
N/A
Day Care, Type B
N/A
Day Care Facility
 
Small-Scale Assembly
 
Large-Scale Assembly
 
Civic, Social, Cultural Organizations or Clubs
N/A
Public Utility Rights-of-Way, and Pertinent Structures and Telecommunication Towers
 
Solar Facilities
 
Educational Institution
 
Parks and Trails
 
Governmentally Owned and/or Operated Buildings and Facilities
 
MEDICAL      
Medical and Health Care Offices
 
Urgent Care or Clinic
 
Hospital
 
   
TABLE 1104.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MAIN
SPECIFIC USE REGULATIONS
INDUSTRIAL
Artisan Manufacturing
N/A
Research and Development Facilities
 
Warehousing, Wholesaling and Transportation Services
N/A
Storage/Mini Storage
N/A
Maker Space
 
Small Light Industrial
 
Large Light Industrial
N/A
Heavy Industrial
N/A
Industrial, Commercial or Construction Services
N/A
Building Material Dealers and Sales
N/A
Drilling or Extractive Activities
N/A
 
(Ord. 081-2023. Passed 10-3-23.)

1104.04 (SH) SOUTH HAMILTON DISTRICT.

   (a)   Intent. The South Hamilton District is intended to create a commercial corridor that accommodates a variety of retail, service, dining, and entertainment uses. That may include auto-oriented uses within the context of improved site design for Hamilton Road walkability and access to transit. Large-scale residential at medium to high-density are also appropriate for this corridor, with quality site design that creates pedestrian-oriented street frontages. Conversion of smaller-scale legacy residential uses to new development should incorporate multiple sites, to improve site access and pedestrian-orientation of the streetscape.
   (b)   Permitted Building Types. The building types permitted in the SH District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum building type and setback dimensions. See Section 1107.01 (Building Typologies) for detailed design standards
1. PERMITTED BUILDING TYPES
REFERENCE
Multi-Unit Complex
Small Flex Retail Building
Medium Flex Retail Building
Large Flex Retail Building
Institutional Flex Building
School and Institutional Building
Community Center Building
Office Building
Office-Corporate Building
Retail Large Format Building
Assembly Use Building
Maker Space or Live-Work Units
   (c)   Building Placement.  
2. LOT COVERAGE
Lot Coverage
N/A
Open Space (Min.) - Excluding paved areas
30%
3. SITE
Lot Ftontage
N/A
Size
N/A
NOTES
All floors must have a primary ground-floor entrance facing the primary or side street.
Rear-facing buildings, loading docks, overhead doors, and other service entries are prohibited on primary or secondary street-facing facades. Garage doors with minimum 70% transparency that do not serve a loading and unloading function are permitted on the primary or secondary street facades.
Dumpsters must be fully screened and located between the primary structure and the rear property line.
For commercial or mixed uses abutting a residential district, a 6' tall opaque fence will be constructed and a row of evergreen trees at a minimum of 12' in height will be planted along the shared property line for screening purposes, except in portions where visibility for safe vehicular or pedestrian movement is impacted.
   (d)   Building Form.  
   Each proposed building in the SH District shall comply with the following building form standards.
2. REQUIRED FRONTAGE TYPES
FRONTAGE TYPE
PRIMARY STREET
SECONDARY STREET
REFERENCE
Shopfront
Permitted
Permitted
Patio
Permitted
Permitted
Yard
Permitted
Permitted
Terrace
Permitted
Permitted
Forecourt
Permitted
Permitted
Streetwall
Permitted
Permitted
 
NOTES
Any buildings over 75' in width must be articulated with a demising line or designed to read as a series of buildings no wider than 75' each.
No mechanical systems shall be visible from any street. Any building mechanical equipment must be fully shielded by shrubs, a wall, or a wood, metal or composite fence. No mechanical or utility equipment may be located within 40 feet of the front façade or corner. Unit exhaust and louvers are not permitted on facades; systems shall route through roof.
Lighting shall be aimed downward at the building such that no light projects above the fixture. Building lighting should be mounted at 8 feet or higher.
Ground level facades must have glazing on a minimum of 40% of all walls that face primary or secondary streets. Where there is a residential use on the first floor, windows shall comprise no less than 20% of the first floor facade.
   (e)   Parking Placement.
   Off-street parking shall be located in compliance with the following setback standards.
 
2. PARKING LOCATION
Side or Rear Yard
3. PARKING DESIGN
5' landscaped strip at perimeter and landscaped parking islands for every 30 parking spaces. Green infrastructure installation (e.g. bioswales) may be substituted for parking islands. See description and illustration of Green Infrastructure in Section 1107.02(h) (Open Space Typologies).
 
   (f)   Signage. The signage types permitted in the SH District are limited to the following in the table below. See Chapter 1112 Signs for detailed standards.
 
1. PERMITTED SIGN TYPES
REFERENCE
Flat Wall Signs
Free-Standing Signs
Projecting Signs
Marquee Signs
Window and Door Signs
Roof Signs
   (g)   Permitted Open Space Types. The open space types permitted in the SH District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum open space type and setback dimensions. See Section 1107.02 (Open Space Typologies) for detailed standards.
1. PERMITTED OPEN SPACE TYPES
REFERENCE
Greenway/Trail
Plaza
Square
Green
Passage
Pocket Plaza
Green Infrastructure
2. STREETSCAPE
Development shall connect to the public sidewalk, bikeway network, adjacent parks, and multi-use trail network. Sidewalks shall be provided as part of new development at a minimum of 6' in width and a planting strip at a minimum of 3'. In instances where there are documented, practical challenges to providing the sidewalk and/or planting strip based on the site configuration, or there is an existing sidewalk meeting the standards, an administrative waiver may be granted to provide relief from this provision.
Street trees shall be provided as part of all new developments. One street tree must be planted for every 40 lineal feet of frontage along a primary or secondary street. In instances where there are documented, practical challenges to providing the street trees based on the site configuration, an administrative waiver may be granted to provide relief from street tree provision.
   (h)   Permitted Land Uses and Permit Requirements. Land uses in the following table are defined in Chapter 1128 Defined Terms (A-Z).
TABLE 1104.04 PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
SH
SPECIFIC USE
REGULATIONS
Accessory Uses (Any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use)
 
RESIDENTIAL
Accessory Dwelling Units
N/A
Short-Term Rental
N/A
Dwelling, Single-Unit Detached, Attached, Duplex
N/A
Dwelling, Three- and Seven-Unit
 
Dwelling, Multi-Unit (Eight and Above)
 
Live/Work Units
 
Group Care Facility
 
Group Home
 
Nursing Home
 
Senior Independent Living Facility
 
Senior Assisted Living Facility
 
Skilled Care Facility
 
Transitional Dwelling
 
TABLE 1104.04: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
SH
SPECIFIC USE REGULATIONS
 COMMERCIAL
Personal Service
 
Retail Sales < 5,000 sf
 
Retail Sales 5,000 sf to 25,000 sf
 
Retail Sales > 25,000 sf
 
Commercial Retail Sales and Services
 
Business and Professional Offices
 
Brewery/Distillery
N/A
Microbrewery/Microdistillery
N/A
Drive-in Windows and Drive-Through Facilities
 
Eating and Drinking Establishments
 
Off-Street Public Parking Lots and Garages
N/A
Nursery and Garden Supply Stores
N/A
Instructional Spaces and Studios
 
Gyms and Physical Fitness Facilities
 
Gasoline Stations
 
Small Vehicle Sales
N/A
   
TABLE 1104.04: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
SH
SPECIFIC USE REGULATIONS
 COMMERCIAL
Recreational Vehicle Sales
N/A
Bed & Breakfast
N/A
Hotels, Motels or Tourist Homes
 
Vehicle and Large Equipment Repair
N/A
Car Wash Establishments
N/A
Funeral Home and Services, Excluding Crematories
N/A
Crematories
N/A
Sexually Oriented Business
N/A
Commercial Outdoor Recreation
 
Commercial Indoor Recreation
 
Veterinarian, Animal Boarding and Services
 
Art, Museum, or Cultural Facility
 
Non-Industrial Food Production and Catering
 
Food Trucks
 
TABLE 1104.04: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
SH
SPECIFIC USE REGULATIONS
PUBLIC FACILITIES, INSTITUTIONS AND TRANSPORTATION
Passenger Transportation Agencies and Terminals
N/A
Day Care, Type A
 
Day Care, Type B
 
Day Care Facility
 
Small-Scale Assembly
 
Large-Scale Assembly
 
Civic, Social, Cultural Organizations or Clubs
N/A
Public Utility Rights-of-Way, and Pertinent Structures and Telecommunication Towers
N/A
Solar Facilities
 
Educational Institution
N/A
Parks and Trails
 
Governmentally Owned and/or Operated Buildings and Facilities
 
MEDICAL      
Medical and Health Care Offices
 
Urgent Care or Clinic
 
Hospital
 
  
   
TABLE 1104.04: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
SH
SPECIFIC USE REGULATIONS
INDUSTRIAL
Artisan Manufacturing
N/A
Research and Development Facilities
N/A
Warehousing, Wholesaling and Transportation Services
N/A
Storage/Mini Storage
N/A
Maker Space
 
Small Light Industrial
N/A
Large Light Industrial
N/A
Heavy Industrial
N/A
Industrial, Commercial or Construction Services
N/A
Building Material Dealers and Sales
N/A
Drilling or Extractive Activities
N/A
(Ord. 081-2023. Passed 10-3-23.)

1104.05 (YEAR) YEARLING ROAD DISTRICT.

   (a)   Intent. The Yearling Road District is intended to create a walkable environment for access to the numerous civic uses along the corridor and accommodate complementary commercial and residential development. Because of the presence of numerous institutional uses including the High School, City Hall, the police department and the fire station, development should include neighborhood-scale commercial nodes and medium- scale multi-unit residential development to integrate with the institutional character, provide walkable access, and serve the users of the corridor and the surrounding neighborhoods. Developments may include smaller retail and service-oriented business uses, housing options focused on medium-scale townhouse multiunit, and additional institutional uses. Development should include reduced building setbacks, and quality streetscapes for residential, commercial, and smaller institutional uses, with larger park-like setbacks possible for larger institutional uses on prominent sites.
   (b)   Permitted Building Types. The building types permitted in the YEAR District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum building type and setback dimensions. See Section 1107.01 (Building Typologies) for detailed design standards.
1. PERMITTED BUILDING TYPES
REFERENCE
Attached Single-Unit Building
1107.01(b)
Duplex Building
Multi-Unit Building
Multi-Unit Complex
Small Flex Retail Building
Medium Flex Retail Building
Large Flex Retail Building
Institutional Flex Building
Primary School Building
School and Institutional Building
Bed and Breakfast Building
Community Center Building
Office Building
Office-Corporate Building
Assembly Use Building
   (c)   Building Placement.
2. LOT COVERAGE
Lot Coverage
N/A
Open Space (Min.) - Excluding paved areas
0%
3. SITE
Lot Ftontage
N/A
Size
N/A
NOTES
All floors must have a primary ground-floor entrance facing the primary or side street.
Rear-facing buildings, loading docks, overhead doors, and other service entries are prohibited on primary or secondary street-facing facades. Garage doors with minimum 70% transparency that do not serve a loading and unloading function are permitted on the primary or secondary street facades.
Dumpsters must be fully screened and located between the primary structure and the rear property line.
For commercial or mixed uses abutting a residential district, a 6' tall opaque fence will be constructed and a row of evergreen trees at a minimum of 12' in height will be planted along the shared property line for screening purposes, except in portions where visibility for safe vehicular or pedestrian movement is impacted.
   (d)   Building Form.
   Each proposed building in the YEAR District shall comply with the following building form standards.
2. REQUIRED FRONTAGE TYPES
FRONTAGE TYPE
PRIMARY STREET
SECONDARY STREET
REFERENCE
Shopfront
Permitted
Permitted
Patio
Permitted
Permitted
Yard
Permitted
Permitted
Terrace
Permitted
Permitted
Forecourt
Permitted
Permitted
Streetwall
Permitted
Permitted
NOTES      
Any buildings over 75' in width must be articulated with a demising line or designed to read as a series of buildings no wider than 75' each.
No mechanical systems shall be visible from any street. Any building mechanical equipment must be fully shielded by shrubs, a wall, or a wood, metal or composite fence. No mechanical or utility equipment may be located within 40 feet of the front façade or corner. Unit exhaust and louvers are not permitted on facades; systems shall route through roof.
Lighting shall be aimed downward at the building such that no light projects above the fixture. Building lighting should be mounted at 8 feet or higher.
Ground level facades must have glazing on a minimum of 40% of all walls that face primary or secondary streets. Where there is a residential use on the first floor, windows shall comprise no less than 20% of the first floor facade.
   (e)   Parking Placement.
   Off-street parking shall be located in compliance with the following setback standards:
 
2. PARKING LOCATION
Side or Rear Yard
3. PARKING DESIGN
5' landscaped strip at perimeter and landscaped parking islands for every 30 parking spaces. Green infrastructure installation (e.g. bioswales) may be substituted for parking islands. See description and illustration of Green Infrastructure in Section 1107.02(h) (Open Space Typologies).
   (f)   Signage. The signage types permitted in the YEAR District are limited to the following in the table below. See Chapter 1112 Signs for detailed standards.
 
1. PERMITTED SIGN TYPES
REFERENCE
Flat Wall Signs
Projecting Signs
Marquee Signs
Window and Door Signs
   (g)   Permitted Open Space Types. The open space types permitted in the YEAR District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum open space type and setback dimensions. See Section 1107.02 (Open Space Typologies) for detailed standards.
1. PERMITTED OPEN SPACE TYPES
REFERENCE
Plaza
Square
Green
Passage
Pocket Plaza
Sport Field
Green Infrastructure
2. STREETSCAPE      
Development shall connect to the public sidewalk, bikeway network, adjacent parks, and multi-use trail network.
   (h)   Permitted Land Uses and Permit Requirements. Land uses in the following table are defined in Chapter 1128 Defined Terms (A-Z).
TABLE 1104.05 PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
YEAR
SPECIFIC USE
REGULATIONS
Accessory Uses (Any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use)
 
RESIDENTIAL
Accessory Dwelling Units
N/A
Short-Term Rental
N/A
Dwelling, Single-Unit Detached, Attached, Duplex
 
Dwelling, Three- and Seven-Unit
 
Dwelling, Multi-Unit (Eight and Above)
 
Live/Work Units
 
Group Care Facility
 
Group Home
 
Nursing Home
 
Senior Independent Living Facility
 
Senior Assisted Living Facility
 
Skilled Care Facility
 
Transitional Dwelling
 
   
TABLE 1104.05: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
YEAR
SPECIFIC USE REGULATIONS
 COMMERCIAL
Personal Service
 
Retail Sales < 5,000 sf
 
Retail Sales 5,000 sf to 25,000 sf
 
Retail Sales > 25,000 sf
 
Commercial Retail Sales and Services
 
Business and Professional Offices
 
Brewery/Distillery
N/A
Microbrewery/Microdistillery
N/A
Drive-in Windows and Drive-Through Facilities
 
Eating and Drinking Establishments
 
Off-Street Public Parking Lots and Garages
N/A
Nursery and Garden Supply Stores
N/A
Instructional Spaces and Studios
 
Gyms and Physical Fitness Facilities
 
Gasoline Stations
N/A
Small Vehicle Sales
N/A
 
TABLE 1104.05: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
YEAR
SPECIFIC USE REGULATIONS
 COMMERCIAL
Recreational Vehicle Sales
N/A
Bed & Breakfast
N/A
Hotels Motels or Tourist Homes
 
Vehicle and Large Equipment Repair
N/A
Car Wash Establishments
N/A
Funeral Home and Services, Excluding Crematories
N/A
Crematories
N/A
Sexually Oriented Business
N/A
Commercial Outdoor Recreation
N/A
Commercial Indoor Recreation
N/A
Veterinarian, Animal Boarding and Services
 
Art, Museum, or Cultural Facility
 
Non-Industrial Food Production and Catering
 
Food Trucks
 
 
   
TABLE 1104.05: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
YEAR
SPECIFIC USE REGULATIONS
PUBLIC FACILITIES, INSTITUTIONS AND TRANSPORTATION
Passenger Transportation Agencies and Terminals
N/A
Day Care, Type A
 
Day Care, Type B
 
Day Care Facility
 
Small-Scale Assembly
 
Large-Scale Assembly
 
Civic, Social, Cultural Organizations or Clubs
N/A
Public Utility Rights-of-Way, and Pertinent Structures and Telecommunication Towers
N/A
Solar Facilities
 
Educational Institution
 
Parks and Trails
 
Governmentally Owned and/or Operated Buildings and Facilities
 
MEDICAL
Medical and Health Care Offices
 
Urgent Care or Clinic
 
Hospital
 
TABLE 1104.05: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
YEAR
SPECIFIC USE REGULATIONS
INDUSTRIAL
Artisan Manufacturing
N/A
Research and Development Facilities
 
Warehousing, Wholesaling and Transportation Services
N/A
Storage/Mini Storage
N/A
Maker Space
 
Small Light Industrial
N/A
Large Light Industrial
N/A
Heavy Industrial
N/A
Industrial, Commercial or Construction Services
N/A
Building Material Dealers and Sales
N/A
Drilling or Extractive Activities
N/A
(Ord. 081-2023. Passed 10-3-23.)

1104.06 (CCD) COMMUNITY CROSSROADS DISTRICT.

   (a)   Intent. The Community Crossroads District is intended to create a high-density mixed-use area, that is highly walkable, and integrated into the regional transit system. New development on sites should be arranged around a grid pattern of streets, with parking located internal to sites to prioritize the pedestrian experience and quality urban form.
   The Community Crossroads District is intended to be more of an urban, mixed-use district or Transit oriented Development (TOD) that centers around a transportation hub or multi-modal transportation station and leverages the location along East Main Street. Height and massing of buildings can be substantial and utilize larger sites in the district to accommodate a variety of uses integrated vertically. Uses could include significant residential, office, restaurant, convenience retail and service. Creating an adaptable form regarding the scale and size of the development will reduce dependence on specific uses though focused long-term densification of the corridor. Redevelopment should incorporate open space through public squares, plazas, and other gathering places.
   (b)   Permitted Building Types. The building types permitted in the CCD District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum building type and setback dimensions. See Section 1107.01 (Building Typologies) for detailed design standards.
1. PERMITTED BUILDING TYPES
REFERENCE
Multi-Unit Complex
Large Flex Retail Building
Institutional Flex Building
School and Institutional Building
Office Building
Office-Corporate Building
Retail Large Format Building
Assembly Use Building
   (c)   Building Placement.
 
2. LOT COVERAGE
Lot Coverage
N/A
Open Space (Min.) - Excluding paved areas
10%
3. SITE
Lot Ftontage
N/A
Size
N/A
NOTES
Buildings should generally have a zero foot setback. Consideration of larger setbacks should be based on the incorporation of public spaces, placement of adjacent buildings, and/or unique geometry.
Buildings should be generally parallel to and facing the street, with an entrance door(s) connected to the public sidewalk.
Buildings on corner lots should be oriented to the corner and to the street fronts
Dumpsters must be fully screened and located between the primary structure and the rear property line.
For commercial or mixed uses abutting a residential district, a 6' tall opaque fence will be constructed and a row of evergreen trees at a minimum of 12' in height will be planted along the shared property line for screening purposes, except in portions where visibility for safe vehicular or pedestrian movement is impacted.
   (d)   Building Form.
   Each proposed building in the CCD District shall comply with the following building form standards.
2. REQUIRED FRONTAGE TYPES
FRONTAGE TYPE
PRIMARY STREET
SECONDARY STREET
REFERENCE
Shopfront
Permitted
Permitted
Patio
Permitted
Permitted
Gallery
Permitted
Permitted
Arcade
Permitted
Permitted
NOTES
Any buildings over 75' in width must be articulated with a demising line or designed to read as a series of buildings no wider than 75' each.
No mechanical systems shall be visible from any street. Any building mechanical equipment must be fully shielded by shrubs, a wall, or a wood, metal or composite fence. No mechanical or utility equipment may be located within 40 feet of the front façade or corner. Unit exhaust and louvers are not permitted on facades; systems shall route through roof.
Lighting shall be aimed downward at the building such that no light projects above the fixture. Building lighting should be mounted at 8 feet or higher.
Ground level facades must have glazing on a minimum of 40% of all walls that face primary or secondary streets. Where there is a residential use on the first floor, windows shall comprise no less than 20% of the first floor facade.
   (e)   Parking Placement. 
   Off-street parking shall be located in compliance with the following setback standards:
 
2. PARKING LOCATION
Rear Yard
3. PARKING DESIGN
For any limited parking areas adjacent to a primary right-of way, full screening is required with an integrated architectural feature or a combination of solid wall and landscaping.
Parking along a secondary right-of way or alley should be screened by a combination of a wall, fence
and landscaping.
   (f)   Signage. The signage types permitted in the CCD District are limited to the following in the table below. See Chapter 1112 Signs for detailed standards.
 
1. PERMITTED SIGN TYPES
REFERENCE
Flat Wall Signs
Projecting Signs
Marquee Signs
Window and Door Signs
Roof Signs
   (g)   Permitted Open Space Types. The open space types permitted in the CCD District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum open space type and setback dimensions. See Section 1107.02 (Open Space Typologies) for detailed standards.
1. PERMITTED OPEN SPACE TYPES
REFERENCE
Greenway/Trail
Plaza
Square
Green
Passage
Pocket Plaza
Green Infrastructure
2. STREETSCAPE
Development shall connect to the public sidewalk, bikeway network, adjacent parks, and multi-use trail network. Sidewalks shall be provided as part of new development at a minimum of 10' in width on primary streets and 6' in width on secondary streets. In instances where there are documented, practical challenges to providing the sidewalk based on the site configuration, or there is an existing sidewalk meeting the standards, an administrative waiver may be granted to provide relief from this provision
Street trees shall be provided as part of all new developments. One street tree must be planted for every 40 lineal feet of frontage along a primary or secondary street. In instances where there are documented, practical challenges to providing the street trees based on the site configuration, an administrative waiver may be granted to provide relief from street tree provision.
   (h)   Permitted Land Uses and Permit Requirements. Land uses in the following table are defined in Chapter 1128 Defined Terms (A-Z).
TABLE 1104.06 PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
CCD
SPECIFIC USE
REGULATIONS
Accessory Uses (Any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use)
 
RESIDENTIAL
Accessory Dwelling Units
N/A
Short-Term Rental
 
Dwelling, Single-Unit Detached, Attached, Duplex
N/A
Dwelling, Three- and Seven-Unit
N/A
Dwelling, Multi-Unit (Eight and Above)
 
Live/Work Units
N/A
Group Care Facility
N/A
Group Home
N/A
Nursing Home
N/A
Senior Independent Living Facility
N/A
Senior Assisted Living Facility
N/A
Skilled Care Facility
 
Transitional Dwelling
 
  
TABLE 1104.06: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
CCD
SPECIFIC USE REGULATIONS
 COMMERCIAL
Personal Service
 
Retail Sales < 5,000 sf
 
Retail Sales 5,000 sf to 25,000 sf
 
Retail Sales > 25,000 sf
 
Commercial Retail Sales and Services
 
Business and Professional Offices
 
Brewery/Distillery
N/A
Microbrewery/Microdistillery
 
Drive-in Windows and Drive-Through Facilities
 
Eating and Drinking Establishments
 
Off-Street Public Parking Lots and Garages
 
Nursery and Garden Supply Stores
N/A
Instructional Spaces and Studios
 
Gyms and Physical Fitness Facilities
 
Gasoline Stations
N/A
Small Vehicle Sales
N/A
 
TABLE 1104.06: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
CCD
SPECIFIC USE REGULATIONS
 COMMERCIAL
Recreational Vehicle Sales
N/A
Bed & Breakfast
N/A
Hotels, Motels or Tourist Homes
 
Vehicle and Large Equipment Repair
N/A
Car Wash Establishments
N/A
Funeral Home and Services, Excluding Crematories
N/A
Crematories
N/A
Sexually Oriented Business
N/A
Commercial Outdoor Recreation
N/A
Commercial Indoor Recreation
N/A
Veterinarian, Animal Boarding and Services
N/A
Art, Museum, or Cultural Facility
N/A
Non-Industrial Food Production and Catering
 
Food Trucks
 
 
   TABLE 1104.06: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
CCD
SPECIFIC USE REGULATIONS
PUBLIC FACILITIES, INSTITUTIONS AND TRANSPORTATION
Passenger Transportation Agencies and Terminals
 
Day Care, Type A
N/A
Day Care, Type B
N/A
Day Care Facility
 
Small-Scale Assembly
N/A
Large-Scale Assembly
N/A
Civic, Social, Cultural Organizations or Clubs
N/A
Public Utility Rights-of-Way, and Pertinent Structures and Telecommunication Towers
N/A
Solar Facilities
 
Educational Institution
 
Parks and Trails
 
Governmentally Owned and/or Operated Buildings and Facilities
 
MEDICAL      
Medical and Health Care Offices
 
Urgent Care or Clinic
 
Hospital
 
TABLE 1104.06: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
CCD
SPECIFIC USE REGULATIONS
INDUSTRIAL
Artisan Manufacturing
N/A
Research and Development Facilities
 
Warehousing, Wholesaling and Transportation Services
N/A
Storage/Mini Storage
N/A
Maker Space
 
Small Light Industrial
N/A
Large Light Industrial
N/A
Heavy Industrial
N/A
Industrial, Commercial or Construction Services
N/A
Building Material Dealers and Sales
N/A
Drilling or Extractive Activities
N/A
(Ord. 081-2023. Passed 10-3-23.)

1105.01 INTRODUCTION.

FIGURE 1105.01: EMPLOYMENT DISTRICTS MAP.
 
(Ord. 081-2023. Passed 10-3-23.)

1105.02 (MILO) MILITARY/OFFICE DISTRICT.

   (a)   Intent. The Military/Office District (MILO) District is intended to facilitate development associated with the ongoing operation of the Defense Supply Center Columbus. This includes a variety of uses and development standards consistent with existing district uses.
   (b)   Permitted Building Types. The building types permitted in the MILO District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum building type and setback dimensions. See Section 1107.01 (Building Typologies) for detailed design standards.
 
1. PERMITTED BUILDING TYPES
No restrictions on building typologies.
   (c)   Building Placement.  
 
2. LOT COVERAGE
Lot Coverage
N/A
Open Space (Min.) - Excluding paved areas
30%
NOTES
Dumpsters must be fully screened and located between the primary structure and the rear property line.
   (d)   Building Form.  
   Each proposed building in the MILO District shall comply with the following building form standards.
 
2. REQUIRED FRONTAGE TYPE
No restrictions on frontage typologies.
   (e)   Parking Placement. Off-street parking shall be located in compliance with the following setback standards.
 
1. PARKING LOCATION
Side or Rear: No more than 25% at front
2. PARKING DESIGN
5' landscaped strip at perimeter and landscaped parking islands for every 30 parking spaces. Green infrastructure installation encouraged/permitted instead of parking islands (bioswales).
   (f)   Signage. The signage types permitted in the MILO District are as specified in Chapter 1112 Signs.
   (g)   Permitted Open Space Types. The open space types permitted in the MILO District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum open space type and setback dimensions. See Section 1107.02 (Open Space Typologies) for detailed standards.
 
1. PERMITTED OPEN SPACE TYPES
REFERENCE
Green Infrastructure
   (h)   Permitted Land Uses and Permit Requirements. Land uses in the following table are defined in Chapter 1128 Defined Terms (A-Z).
TABLE 1105.02 PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MILO
SPECIFIC USE
REGULATIONS
Accessory Uses (Any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use)
 3
RESIDENTIAL
Accessory Dwelling Units
N/A
Short-Term Rental
N/A
Dwelling, Single-Unit Detached, Attached, Duplex
 
Dwelling, Three- and Seven-Unit
 
Dwelling, Multi-Unit (Eight and Above)
 
Live/Work Units
N/A
Group Care Facility
 
Group Home
 
Nursing Home
N/A
Senior Independent Living Facility
N/A
Senior Assisted Living Facility
N/A
Skilled Care Facility
 
Transitional Dwelling
 
TABLE 1105.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MILO
SPECIFIC USE REGULATIONS
 COMMERCIAL
Personal Service
N/A
Retail Sales < 5,000 sf
N/A
Retail Sales 5,000 sf to 25,000 sf
N/A
Retail Sales > 25,000 sf
N/A
Commercial Retail Sales and Services
N/A
Business and Professional Offices
N/A
Brewery/Distillery
N/A
Microbrewery/Microdistillery
N/A
Drive-in Windows and Drive-Through Facilities
N/A
Eating and Drinking Establishments
N/A
Off-Street Public Parking Lots and Garages
 
Nursery and Garden Supply Stores
N/A
Instructional Spaces and Studios
N/A
Gyms and Physical Fitness Facilities
N/A
Gasoline Stations
 
Small Vehicle Sales
N/A
TABLE 1105.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MILO
SPECIFIC USE REGULATIONS
 COMMERCIAL
Recreational Vehicle Sales
N/A
Bed & Breakfast
N/A
Hotels, Motels or Tourist Homes
N/A
Vehicle and Large Equipment Repair
N/A
Car Wash Establishments
N/A
Funeral Home and Services, Excluding Crematories
N/A
Crematories
N/A
Sexually Oriented Business
N/A
Commercial Outdoor Recreation
N/A
Commercial Indoor Recreation
N/A
Veterinarian, Animal Boarding and Services
N/A
Art, Museum, or Cultural Facility
N/A
Non-Industrial Food Production and Catering
N/A
Food Trucks
 
TABLE 1105.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MILO
SPECIFIC USE REGULATIONS
PUBLIC FACILITIES, INSTITUTIONS AND TRANSPORTATION
Passenger Transportation Agencies and Terminals
 
Day Care, Type A
N/A
Day Care, Type B
N/A
Day Care Facility
N/A
Small-Scale Assembly
 
Large-Scale Assembly
 
Civic, Social, Cultural Organizations or Clubs
 
Public Utility Rights-of-Way, and Pertinent Structures and Telecommunication Towers
 
Solar Facilities
 
Educational Institution
 
Parks and Trails
 
Governmentally Owned and/or Operated Buildings and Facilities
 
MEDICAL      
Medical and Health Care Offices
 
Urgent Care or Clinic
 
Hospital
 
TABLE 1105.02: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
MILO
SPECIFIC USE REGULATIONS
INDUSTRIAL
Artisan Manufacturing
 
Research and Development Facilities
 
Warehousing, Wholesaling and Transportation Services
 
Storage/Mini Storage
N/A
Maker Space
N/A
Small Light Industrial
 
Large Light Industrial
 
Heavy Industrial
 
Industrial, Commercial or Construction Services
 
Building Material Dealers and Sales
 
Drilling or Extractive Activities
N/A
(Ord. 081-2023. Passed 10-3-23.)

1105.03 (INDD) INDUSTRIAL DISTRICT.

   (a)   Intent. The Industrial District (INDD) District is intended to support development associated with employment, focused around industrial, manufacturing, warehousing and supporting uses.
   (b)   Permitted Building Types. The building types permitted in the INDD District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum building type and setback dimensions. See Section 1107.01 (Building Typologies) for detailed design standards.
1. PERMITTED BUILDING TYPES
REFERENCE
Large Flex Retail Building
Office Building
Office-Corporate Building
Industrial Building
Warehousing Building
Assembly Use Building
Maker Space or Live-Work Units
   (c)   Building Placement.
 
2. LOT COVERAGE
Lot Coverage
N/A
Open Space (Min.) - Excluding paved areas
30%
NOTES
Dumpsters must be fully screened and located between the primary structure and the rear property line.
   (d)   Building Form.
   Each proposed building in the INDD District shall comply with the following building form standards.
 
NOTES
Heavy Industrial uses in the INDD shall be setback from the street by min. 30 feet, separated by a berm on top of which trees must be planted at 30 or 40 foot intervals (relative to the recommended tree spacing based on the tree genus). All other uses shall utilize brick, masonry, phenolic panels, glass, terracotta cladding, or another material approved by the planning director that either mimics natural materials or is stylized so as not to look like a flat panel.
   (e)   Parking Placement. Off-street parking shall be located in compliance with the following setback standards.
 
1. PARKING LOCATION
Side or Rear; No more than 25% at front
2. PARKING DESIGN
5' landscaped strip at perimeter and landscaped parking islands for every 30 parking spaces. Green infrastructure installation encouraged/permitted instead of parking islands (bioswales).
   (f)   Signage. The signage types permitted in the INDD District are as specified in Chapter 1112 Signs.
   (g)   Permitted Open Space Types. The open space types permitted in the INDD District are limited to the following, which shall be placed on lots with minimum dimensions sufficient to accommodate the minimum open space type and setback dimensions. See Section 1107.02(Open Space Typologies) for detailed standards.
   
1. PERMITTED OPEN SPACE TYPES
REFERENCE
Greenway/Trail
Plaza
Square
Green
Passage
Pocket Plaza
Green Infrastructure
   (h)   Permitted Land Uses and Permit Requirements. Land uses in the following table are defined in Chapter 1128 Defined Terms (A-Z).
TABLE 1105.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
INDD
SPECIFIC USE
REGULATIONS
Accessory Uses (Any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use)
 3
RESIDENTIAL
Accessory Dwelling Units
N/A
Short-Term Rental
N/A
Dwelling, Single-Unit Detached, Attached, Duplex
N/A
Dwelling, Three- and Seven-Unit
N/A
Dwelling, Multi-Unit (Eight and Above)
N/A
Live/Work Units
N/A
Group Care Facility
N/A
Group Home
N/A
Nursing Home
N/A
Senior Independent Living Facility
N/A
Senior Assisted Living Facility
N/A
Skilled Care Facility
N/A
Transitional Dwelling
N/A
TABLE 1105.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
INDD
SPECIFIC USE REGULATIONS
 COMMERCIAL
Personal Service
N/A
Retail Sales < 5,000 sf
N/A
Retail Sales 5,000 sf to 25,000 sf
N/A
Retail Sales > 25,000 sf
N/A
Commercial Retail Sales and Services
N/A
Business and Professional Offices
 
Brewery/Distillery
 
Microbrewery/Microdistillery
 
Drive-in Windows and Drive-Through Facilities
N/A
Eating and Drinking Establishments
N/A
Off-Street Public Parking Lots and Garages
 
Nursery and Garden Supply Stores
 
Instructional Spaces and Studios
 
Gyms and Physical Fitness Facilities
N/A
Gasoline Stations
 
Small Vehicle Sales
 
TABLE 1105.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
INDD
SPECIFIC USE REGULATIONS
 COMMERCIAL
Recreational Vehicle Sales
 
Bed & Breakfast
N/A
Hotels. Motels or Tourist Homes
N/A
Vehicle and Large Equipment Repair
 
Car Wash Establishments
N/A
Funeral Home and Services, Excluding Crematories
N/A
Crematories
 
Sexually Oriented Business
 
Commercial Outdoor Recreation
 
Commercial Indoor Recreation
 
Veterinarian, Animal Boarding and Services
 
Art, Museum, or Cultural Facility
N/A
Non-Industrial Food Production and Catering
 
Food Trucks
 
 
TABLE 1105.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
INDD
SPECIFIC USE REGULATIONS
PUBLIC FACILITIES, INSTITUTIONS AND TRANSPORTATION
Passenger Transportation Agencies and Terminals
 
Day Care, Type A
N/A
Day Care, Type B
N/A
Day Care Facility
N/A
Small-Scale Assembly
 
Large-Scale Assembly
 
Civic, Social, Cultural Organizations or Clubs
 
Public Utility Rights-of-Way, and Pertinent Structures and Telecommunication Towers
 
Solar Facilities
 
Educational Institution
 
Parks and Trails
N/A
Governmentally Owned and/or Operated Buildings and Facilities
 
MEDICAL
Medical and Health Care Offices
N/A
Urgent Care or Clinic
N/A
Hospital
N/A
 
TABLE 1105.03: PERMITTED LAND USES & PERMIT REQUIREMENTS
LAND USE TYPE
PERMIT REQUIRED BY DISTRICT
INDD
SPECIFIC USE REGULATIONS
INDUSTRIAL
Artisan Manufacturing
 
Research and Development Facilities
 
Warehousing, Wholesaling and Transportation Services
 
Storage/Mini Storage
 
Maker Space
 
Small Light Industrial
 
Large Light Industrial
 
Heavy Industrial
 
Industrial, Commercial or Construction Services
 
Building Material Dealers and Sales
 
Drilling or Extractive Activities
 
 
(Ord. 081-2023. Passed 10-5-23.)

1106.01 INTRODUCTION.

FIGURE 1106.01: SPECIAL DISTRICTS MAP.
(Ord. 081-2023. Passed 10-3-23.)

1106.02 (PUD) EXISTING PLANNED UNIT DEVELOPMENTS.

   (a)   Intent. The Planned Unit Developments (PUD) District is intended to facilitate orderly large-scale developments, which benefit the community as a whole by offering a greater choice of living environments; a wide range of development plans featuring more complementary blending of land uses, including community facilities and open space; and a more unified approach with respect to the mixture of uses and their adaptation to topographical and geological features, recreational opportunities and transportation needs.
   (b)   Purpose. The purpose of providing standards for a Planned Unit Development (PUD) is to accommodate a variety of housing types and subordinate commercial and industrial facilities in a pre-planned environment under more flexible site development standards than would normally apply.
   (c)   Interpretation. Whenever the requirements of this section appear to be in conflict with other sections of this Zoning Code, or with those of other existing codes, the provisions of this section shall prevail.
   (d)   Designation of a PUD District. After the approval of the Planning Commission and Council, the designation of PUD District may be applied to any residential, commercial, office or industrial district. Upon approval of the final development plan, the Official Zoning Map shall be so annotated for the land area affected, and the district name shall be appropriately amended.
   (e)   Permitted Uses. Residential, commercial, manufacturing, public and quasi-basic uses may be combined in PUD Districts, provided that the proposed location of the commercial or manufacturing uses will not adversely impact upon adjacent property or the public health, safety, and general welfare, and that the location of such uses are specified in the final development plan.
 
   (f)   Lot Area and Other Yard Requirements. The lot area and yard requirements from the previous prevailing district shall apply to the PUD except as modified and approved by the Planning Commission per the following:
      (1)   Lot width, setback, yard requirements may be varied to accommodate a variety of structural patterns, clustering designs, and housing types.
      (2)   Lot area per dwelling unit requirements may be reduced by not more than twenty percent (20%) of the previous prevailing district's requirements. If the previous prevailing district did not restrict lot area per dwelling unit, then the Planning Commission may incorporate such a provision into the standards for the PUD.
   (g)   Permitted Land Allocation for Commercial and Manufacturing Uses. The amount of land devoted to commercial and/or manufacturing use in a residential- commercial-manufacturing or residential-commercial development shall be determined by the Commission and approved by Council.
   (h)   Utility Requirements. Underground utilities, including telephone, cable television and electrical systems, are required within the limits of all planned unit developments. Appurtenances to these systems, which can be effectively screened, may be exempted from this requirement if the Commission finds that such exemption will not violate the intent or character of the proposed planned unit development.
 
   (i)   Arrangement of Commercial Uses. When planned unit development districts include commercial and/or manufacturing uses, the following shall be required:
      (1)   Cmmercial buildings and establishments shall be planned as groups having common parking areas, with common ingress and egress points, in order to reduce the number of potential accident locations at intersections with streets.
      (2)   Planted screens or fences shall be provided on the perimeter of the commercial and/or manufacturing areas abutting residential areas.
      (3)   The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding non- commercial areas.
      (4)   All areas designated for future expansion, or not intended for immediate improvement or development, shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Commission.
   (j)   Procedure for Approval of PUD Districts. Planned unit development districts shall be approved in accordance with the procedure outlined below. These provisions are intended to incorporate the review and approval of development plans with the amendment process and remove the necessity, in many instances, to proceed under Title Six - Administration and Procedures prior to the commencement of the planned unit development plan review and approval process.
   (k)   Pre-Application Meeting. The developer shall meet with staff prior to the submission of the preliminary development plan. The purpose of this meeting is to have an early and informal discussion on the purpose and effect of this chapter, and the criteria and standards contained herein, and to familiarize the developer with zoning and other applicable regulations.
 
   (l)   Preliminary Development Plan Application Requirements. An application for preliminary planned unit development approval shall be filed with the Director of Public Service by at least one owner of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information:
      (1)   Name, address, and phone number of applicant.
      (2)   Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan.
      (3)   Legal description of property.
      (4)   Present use(s).
      (5)   Present and proposed zoning district.
      (6)   Proposed amending ordinance.
      (7)   A vicinity map, at a scale approved by the Director of Public Service, showing the property lines, streets, existing and proposed zoning, and such other items as the Director of Public Service may require.
      (8)   A preliminary development plan, at a scale approved by the Director of Public Service, showing topography at ten foot intervals; location and type of land uses; layout, dimensions and names of existing and proposed streets; rights of way, utility easements, parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas; and such other characteristics as the Commission may deem necessary.
      (9)   Proposed schedule for the development of the site.
      (10)   Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years.
      (11)   A fee as established by the Director of Public Service.
      (12)   Names and mailing addresses of the property owners for the subject property and for any properties contiguous to the subject property according to information available through the County Auditor's current tax list or the Treasurer's real estate tax mailing list. Contiguous properties include those properties abutting the subject property and those immediately across a public right-of-way from the subject property.
       (13)   Verification by at least one owner, lessee or optionee of property that all information in the application is true and correct to the best of their knowledge.
      (14)   A written statement by the developer setting forth the reasons why, in their opinion, the planned unit development would be in the public interest and would be consistent with the stated intent of these planned unit development requirements.
   (m)   Public Access to Documents. All papers relating to the planned unit development shall be available for public inspection in the office of the Clerk of Council.
   (n)   Submission of Final Development Plan. After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the Director of Public Service. The final development plan shall be in general conformance with the preliminary development plan approved in principle. For the purposes of this Ordinance, the submission of the final development plan is a formal request for rezoning of the property in question. Ten (10) copies of the final development plan shall be submitted and may be endorsed by an urban planner, licensed architect, registered land surveyor, registered civil engineer or registered landscape architect or landscape horticulturist.
   (o)   Filing a Final Development Plan Application. An application for approval of the final development plan shall be filed with the Director of Public Service by at least one owner of property for which the planned unit development is proposed. Each application shall be signed by the owner, attesting to the trust and exactness of all information supplied on the application for the final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval.
   (p)   Contents of Final Development Plan Application. At a minimum, the application shall contain the following information:
      (1)   A survey of the proposed development site, showing the dimensions and bearings of the property lines; area in acres; topography and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses.
       (2)   All the information required on the preliminary development plan; the location and sizes of lots; location and proposed density of dwelling units; nonresidential building intensity; and land uses considered suitable for adjacent properties.
      (3)   A schedule of the development of units to be constructed in progression, and a description of the design principles for buildings and streetscapes; a tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; the estimated residential and non-residential population by type of housing, and overall non-residential population; the anticipated construction timing for each unit; and the standards for height, open space, building density, parking areas, population density and public improvements, wherever the applicant proposes any exception from standard zoning district requirements or other ordinances governing development.
      (4)   Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations; waste disposal facilities; street improvements; and the nature and extent of earth work required for site preparation and development.
      (5)   Site plan, showing building(s), various functional use areas, circulation, and their relationship.
      (6)   Preliminary building plans.
      (7)   Landscaping plans.
      (8)   Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas that are to be commonly owned and maintained.
      (9)   A fee as established by the Director of Public Service.
   (q)   Recommendation by Planning Commission. Within sixty (60) days after receipt of the final development plan, the Planning Commission shall recommend that the final development plan be approved as presented, approved with supplementary conditions or disapproved, and shall transmit all papers constituting the record and the recommendations to Council.
 
   (r)   Criteria for Planning Commission Recommendation. Before making its recommendation, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
      (1)   The proposed development can be initiated within two (2) years of the date of approval.
      (2)   The streets proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development.
      (3)   Any proposed commercial or industrial development can be justified at the location proposed.
      (4)   Any exception from standard district requirements is warranted by design and other amenities incorporated in the final development plan, in accordance with these planned unit development requirements and the need to provide a variety of housing opportunities with regard to type and price.
      (5)   The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
      (6)   The existing and proposed utility services are adequate for the population densities and non- residential uses proposed.
   (s)   Public Hearing by City Council. The City Council shall hold a public hearing on the PUD final development plan within sixty (60) days of receiving a recommendation from the Planning Commission.
   (t)   Notice of Public Hearing by Council. At least twenty (20) days before holding its public hearing, notice of such shall be given. This notice shall be relayed via at least one publication, in one or more newspapers of general circulation, and via written notice, mailed by the Clerk by first class mail, to all owners of property within 500 feet of the proposed planned unit development and to such others as may be determined should receive such notice. The notice shall set forth the time and place of the public hearing, the nature and a general description and summary of the planned unit development, and a statement that all papers relating to the planned unit development are on file with the Clerk and open for public inspection.
 
   (u)   Action by Council. After the public hearing, the Council shall either approve, approve with supplementary conditions or disapprove the application as submitted. If the application is approved as submitted or approved with conditions, the Council shall direct the Director of Public Service or their designee to issue zoning permits in accordance with the approved plan and any conditions thereto attached. The final development plan shall further be considered as an integral part of the rezoning amendment, and no change from or substantive alteration in such planned unit development shall be permitted without repetition of the procedures in these sections. In the event that the Council denies or substantively modifies the final development plan as recommended by the Planning Commission, any resulting final development plan for said planned unit development shall not be effective unless passed or approved by five members of Council.
   (v)   Supplementary Conditions and Safeguards. In approving any planned unit development application, both the Planning Commission and the Council may prescribe appropriate conditions and safeguards in conformity with this chapter. Any violation of such conditions or safeguards, which have been made a part of the terms under which the final development plan has been approved, shall constitute a violation of this Zoning Code and be punishable as such.
   (w)   Expiration of Approval Period. The approval of a final development plan for a planned unit development district shall be for a period not to exceed five (5) years to allow for preparation and recording of the required subdivision plat and development of the project. If no construction has begun within two years after approval is granted, the approved final development plan shall be void, and the land shall revert to the district regulations of the district in which it is located.
   (x)   Extension of Approval Period and Minor Changes. An extension of the time limit or modification of the approved final development plan may be approved if the Planning Commission finds that such an extension is not in conflict with the public interest. No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the planned unit development was granted. A request for minor changes to the final development plan may be approved by the Director of Public Service without being subject to the same procedures as the original application.
 
   (y)   Major Changes. In the case of a request for a modification or amendment to the final development plan that represents a substantial departure from the intent of the original proposal, said modification or amendment shall be subject to the same procedures and conditions of approval as the original application. Any of the following shall be considered substantial departures from the original application:
      (1)   A change in the use or character of the development.
      (2)   An increase in overall coverage of structures.
      (3)   An increase in the density.
      (4)   An increase in the problems of traffic circulation and public utilities.
      (5)   A reduction in approved open space.
      (6)   A reduction in off-street parking and loading space.
      (7)   A reduction in required pavement widths.
      (8)   A reduction in the acreage in the planned development.
         (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)

1106.03 (FP) FLOODPLAIN OVERLAY.

   (a)   Intent. Provisions pertaining to the use and development of lands subject to periodic flooding are provided to encourage development of lands in a manner to reduce the perils of flooding and promote the public health, safety, and general welfare. These objectives include:
      (1)   Protecting human life and health;
      (2)   Minimize damage to public facilities and utilities such as water mains, gas mains, electric lines, telephone lines, sewer lines, streets, and bridges;
      (3)   Minimize prolonged business interruptions; and
      (4)   Regulate orderly development in flood hazard and flood-prone areas to minimize displacement of floodwaters and to minimize damage to private property.
   (b)   Overlay Boundary.
      (1)   The Floodplain Overlay shall be the floodway necessary to preserve the natural capacity of the channel for flood water and the low-lying area on each side where flooding has occurred or where flooding is likely to occur.
      (2)   The Overlay boundary designated on the Zoning District Map is based upon the publication prepared for the State of Ohio Department of Natural Resources by the U.S. Army Corps of Engineers and entitled "Floodplain Information, Big Walnut Creek, Vicinity of Columbus, Ohio, May 1968," and other appropriate information, as may be amended.
      (3)   The regulations of the Floodplain Overlay shall be applied over otherwise zoned areas that meet the criteria listed above.
 
   (c)   Development Regulations.
      (1)   The Floodplain Overlay shall modify the development regulations of the underlying district classification in conformance with the standards of this Section.
      (2)   Within the Floodplain Overlay, the use and development of such land shall be conducted in such a manner as not to fill the specified areas in a manner that displaces flood waters or to otherwise restrict the flow of flood waters unless otherwise approved by Council upon recommendation of a qualified engineer with experience in this field.
      (3)   Any use or structure allowed in this district shall be so constructed as to proof the use or structure against flood damage by elevating above the flood level or by other appropriate methods and shall be subject to approval by the Director of Public Service upon recommendation of a qualified engineer with experience in this field. These methods shall include the construction being:
         A.   Adequately anchored to prevent flotation, collapse, and lateral movement of the structure in the event of a flood; and
         B.   Constructed with materials and utility equipment resistant to flood damage.
      (4)   Any alteration, repair, or improvements to a nonconforming structure within this district shall be prohibited if the alteration, repair, or improvements would extend or replace the structure within the floodplain or otherwise do not qualify for a zoning permit.
 
   (d)   Modifications to Underlying Permitted Uses and Special Permit Uses.
      (1)   Any use that is permitted by-right within the underlying district classification shall instead be permitted within a Floodplain Overlay only through the approval of a special permit (per Section 1125.04 - Special Use Permit).
      (2)   Any use that is permitted through approval of a special permit within the underlying district classification shall remain permitted within a Floodplain Overlay only through the approval of a special permit (per Section 1125.04 - Special Use Permit).
   (e)   Variances from Development Standards. Any variances from development standards shall be reviewed concurrently to the special permit and must adhere to the applicable criteria of this section.
   (f)   Prohibited Uses. Any use that is prohibited within the underlying district classification shall remain prohibited .
   (g)   Standards and Criteria for a Special Permit. In addition to the standards and criteria for review of a special permit set forth in Section 1125.04 - Special Use Permit, the following criteria may be considered:
      (1)   The proposed use, associated structures, and location will not slow or stop the provision of emergency services in the event of flood damage or destruction.
      (2)   The proposed use, associated structures, and location will not create a significant burden on - or cause significant damage to - public infrastructure in the event of flood damage or destruction.
      (3)   The proposed use, associated structures, and location will not displace floodwaters.
   (h)   Lots and Structures that are Partially Within the Floodplain Overlay. The requirements of this section shall only apply to those portions of a lot and those portions of a structure that are mapped as part of the Floodplain Overlay or that are proposed within an area that is mapped as part of the Floodplain Overlay.
 
   (i)   Criteria for Variances within the Floodplain Overlay.
      (1)   Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
      (2)   Variances may be issued for new construction and substantial improvements proposed on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of paragraphs (3), (4), and (5) of this rule.
      (3)   Variances shall only be issued upon a showing of good and sufficient cause and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local resolutions or ordinances.
      (4)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      (5)   The City shall maintain a record of all variance actions, including justification for their issuance, and upon request, submit such information to the chief of the division of water in the department of natural resources.
      (6)   Variances may be issued by the City for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (1) the criteria within this section are met, and (2) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
         (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)

1107.01 BUILDING TYPOLOGIES.

   The below-listed building typologies are contemplated for new development in the districts described below.
TABLE 1107.01 PERMITTED BUILDING TYPOLOGIES
STUR
MUR
BRD
MAIN
SH
YEAR
CCD
MILO
INDD
FP
USE DEFINITION & STANDARDS
Detached Single-Unit Building
 
 
-
-
-
-
-
-
-
-
Attached Single-Unit Building
 
 
-
 
-
 
-
-
-
-
Duplex Building
 
 
-
-
-
 
-
-
-
-
Multi-Unit Building
-
 
 
 
-
 
-
-
-
-
Multi-Unit Complex
-
 
 
 
 
 
 
-
-
-
Small Flex Retail Building
-
-
 
 
 
 
-
 
-
-
Medium Flex Retail Building
-
-
 
 
 
 
-
 
-
-
Large Flex Retail Building
-
-
 
 
 
 
 
 
 
-
Institutional Flex Building
 
-
 
 
 
 
 
 
-
-
Primary School Building
-
 
-
 
-
 
-
-
-
-
School and Institutional Building
-
 
 
 
 
 
 
 
-
-
Bed and Breakfast Building
-
 
-
 
-
 
-
-
-
-
Community Center Building
-
 
 
 
 
 
-
 
-
-
Office Building
-
 
 
 
 
 
 
 
 
-
Office-Corporate Building
-
-
 
 
 
 
 
 
 
-
Retail Large Format Building
-
-
 
 
 
-
-
 
-
-
Industrial Building
-
-
-
-
-
-
-
 
 
-
Warehouse Building
-
-
-
-
-
-
-
 
 
-
Assembly Use Building
-
-
 
 
 
 
 
 
 
-
Maker Space or Live-Work Units
-
 
 
-
 
-
-
 
 
-
   
   The following illustrations of each development typology are for illustrative purposes only and are intended to supplement the regulations applicable to each district.
   (a)   Detached Single-Unit Building.
      (1)   Typical Lot Configuration.
      (2)   Description. A detached structure with narrow side and street setbacks. Garage access is typically from the street, but garages are clearly subordinate to the principal structure.
Image: Detached Single-Unit Building
   (b)   Attached Single-Unit Building.
      (1)   Typical Lot Configuration.
 
         (2)   Description. A structure with common walls on either side and no units below or above. Garage access is typically from a rear alley or shared parking area. A small side or rear yard is provided for each unit as private open space.
Image: Attached Single-Unit Building 
   
   (c)   Duplex Building.  
      (1)   Typical Lot Configuration.
         (2)   Description. A detached structure with two units that is massed as a single structure. Setbacks can range from small to large and units are typically side-by side, but may be stacked.
Image: Duplex Building
   (d)   Multi-Unit Building.
      (1)   Typical Lot Configuration.
 
 
         (2)   Description. A building with multiple residential units that front on an interior corridor and have their main access from the primary street. Units can be next to each other (side-by-side units), or stacked on top of each other (top and bottom units).
Image: Multi-Unit Building
   (e)   Multi-Unit Complex.
      (1)   Typical Lot Configuration.
         (2)   Description. A collection of multi-unit buildings on adjoining pieces of land, generally owned by one entity. The buildings often share common grounds and amenities, such as pools, parking areas, and a community clubhouse, used as leasing offices for the community.
   
   (f)   Small Flex Retail Building.
      (1)   Typical Lot Configuration.
         (2)   Description. Consists of attached or detached structures ranging from one to three stories. Structures can include single or mixed uses. Parking is located in the rear or side of the building and typically accessed from a rear alley when possible.
   (g)   Medium Flex Retail Building.
      (1)   Typical Lot Configuration.
         (2)   Description. Consists of attached or detached structures ranging from one to three stories. Structures can include single or mixed uses. Parking is located in the rear or side of the building and typically accessed from a rear alley when possible.
   (h)   Large Flex Retail Building.
      (1)   Typical Lot Configurations.
 
         (2)   Description. Consists of attached or detached structures that can include single or mixed-uses. Parking is located in the rear of the building and, where possible, accessed from a rear alley.
   (i)   Institutional Flex Building.
      (1)   Typical Lot Configuration.
 
         (2)   Description. A building that can house uses of an institutional nature (i.e. government building, library, post office, etc.) with parking on the same lot and the main access from the primary street.
   (j)   Primary School Building.
      (1)   Typical Lot Configuration.
         (2)   Description. A building designed to provide learning spaces and learning environments for the teaching of students from about four to eleven years old under the direction of teachers. The building has limited parking for staff and includes both outdoor and indoor recreational activity.
   (k)   School and Institutional Building.
      (1)   Typical Lot Configuration.
         (2)   Description. An institution or place for instruction or education, which typically includes athletic fields and/or related assembly space and associated on-site parking. This will often be a junior high school or high school, but could be a larger elementary school that includes additional facilities.
   
   (l)   Bed and Breakfast Building.
      (1)   Typical Lot Configuration.
         (2)   Description. A residential structure providing limited overnight lodging and meals for guests.
   (m)   Community Center Building.
       (1)   Typical Lot Configuration.
         (2)   Description. Usually a public building where members of a community tend to gather for group activities, social support, public information, and other purposes. It can be open for the whole community or specialized groups (e.g. senior center) and can include both indoor and outdoor recreational facilities.
    (n)   Office Building.
      (1)   Typical Lot Configuration.
         (2)   Description. A building used primarily for conducting the affairs of multiple business, professional, service, industry, government, or like activity, which may include ancillary services for office workers with parking typically found on the same lot and the main access form the primary street.
 
   (o)   Office-Corporate Building.
      (1)   Tupical Lot Configuration.
(2)   Description. A building used primarily for conducting the affairs of a single business, professional, service, industry, government, or like activity, which may include ancillary services for office workers with parking typically found on the same lot and the main access form the primary street.
   
   (p)   Retail Large Format Building.
      (1)   Typical Lot Configuration.
         (2)   Description. A single-use, typically large single-story commercial building primarily accessed by automobile with parking on the same lot with a combination of parking in the front, side, or rear yards.
   (q)   Industrial Building.
      (1)   Typical Lot Configuration.
         (2)   Description. A building that houses manufacturing activity that uses moderate amounts of partially processed materials to produce items of relatively high value per unit weight. Facilities for loading and unloading are typically located in the side or rear yard with employee and visitor parking in the rear yard.
   
   (r)   Warehouse Building.
      (1)   Typical Lot Configuration.
         (2)   Description. A building for storing goods with facilities for loading and unloading that are typically located in the side or rear yard with employee and visitor parking in the rear yard.
 
   (s)   Assembly Use Building.
      (1)   Typical Lot Configuration.
   (2)   Description. A building designed to house special events, including weddings, private parties, receptions, and other assembly uses.
   (t)   Maker Space or Live-Work Units.
      (1)   Typical Lot Configuration.
 
         (2)   Description. An attached building type which provides flexible space at the street level for a collaborative workspace, small scale retail or office, with a complete living unit above. The combination of these uses and building form lend well to serving as a transition between commercial or mixed-use areas and residential neighborhoods.
(Ord. 081-2023. Passed 10-3-23.)

1107.02 OPEN SPACE TYPOLOGIES.

   The following Open Space Typologies cover land that is intended to be undeveloped within the following districts:
TABLE 1107.02 PERMITTED OPEN SPACE TYPOLOGIES
STUR
MUR
BRD
MAIN
SH
YEAR
CCD
MILO
INDD
FP
USE
DEFINITION & STANDARDS
Greenway/Trail
 
 
 
 
 
-
 
-
 
 
Plaza
 
 
 
 
 
 
 
-
 
-
Square
-
 
 
 
 
 
 
-
 
-
Green
 
 
 
 
 
 
 
-
 
-
Passage
-
-
 
 
 
 
 
-
 
-
Pocket Plaza
-
 
 
 
 
 
 
-
 
-
Sport Field
 
 
-
-
-
 
-
-
-
 
Green Infrastructure
-
 
 
 
 
 
 
 
 
 
   (a)   Greenway/Trail.
      (1)   Typical Lot Configuration.
         (2)   Description. Greenways are primarily linear open spaces that connect other types of open spaces as part of a larger open space system. They typically include a path or trail as a primary feature. The greenway and trail open space is most effect when connecting to another open space type.
   (b)   Plaza.
      (1)   Typical Lot Configuration.
 
         (2)   Description. Plazas are spaces available for civic purposes and commercial activities intended to add to the vibrancy of streets and neighborhoods. Building frontages typically define the edges of these spaces. The landscape consists of primarily hardscape. If trees are included, they are formally arranged and of appropriate scale to the space.
   (c)   Square.
      (1)   Typical Lot Configuration.
         (2)   Description. Squares are medium scale formal open spaces designed to serve as gathering spaces in prominent commercial, civic and mixed-use settings. Squares are typically rectilinear and framed on all sides by streets. They are typically designed with a combination of both hardscape and landscape areas and contain amenities including, but not limited to benches and seating areas, planting areas, walking paths, gazebos or pavilions, fountains, and public art.
   (d)   Green.
       (1)   Typical Lot Configuration.
         (2)   Description. Greens are medium-scale, informal open spaces designed to provide for active or passive recreation in neighborhood settings, including some landscape areas and is generally for those who live within walking distance.
   (e)   Passage.
      (1)   Typical Lot Configuration.
         (2)   Description. A passage is an informal or formal gathering space that serves equally as a pedestrian connector between other gathering places or between streetscapes. Passages are near the middle of a block, providing easy walking access through the block. A passage provides additional frontage opportunities for the shops and/or houses along its edges.
 
   (f)   Pocket Plaza.
      (1)   Typical Lot Configuration.
 
         (2)   Description. Pocket plazas are small-scale, primarily hardscaped open spaces designed to provide opportunities for impromptu gathering and resting areas for passersby and for those who live or work in adjacent buildings or nearby destinations. Pocket plazas are typically designed as an extension from the public sidewalk, but clearly delineated as a separate space using features including, but not limited to landscaping and/or seating walls. Pocket Plazas are typically located along highly trafficked streets and in commercial areas with frequent pedestrian activity.
   (g)   Sport Field.
      (1)   Typical Lot Configuration.
         (2)   Description. A Sports Field typology is a space or series of open spaces designed for sports activities. Sports fields often accommodate several individual sports games at the same time and may feature a concession area and seating for spectators. Due to the larger amounts of people attracted to this type, sports fields are located to maintain compatibility with adjacent neighborhoods. Landscaping may be required as deemed appropriate by the Review Authority.
   (h)   Green Infrastructure.
      (1)   Typical Lot Configuration.
         (2)   Description. Green infrastructure, in the form of Bioswales are linear, vegetated ditches which allow for the collection, conveyance, filtration and infiltration of stormwater. They can also be referred to as "grass swales," "vegetated swales," or "filter strips." A bioswale replaces the traditional concrete gutter with an earthen one. Because they behave like a gutter, these trenches are best suited along roadsides or parking lots, but are less practical for dealing with stormwater that falls on rooftops.
         (Ord. 081-2023. Passed 10-3-23.)

1107.03 FRONTAGE TYPOLOGIES.

   The following Frontage Typologies cover the area between the building façade and the front lot line or right-of-way and intended to ensure projects that establish or reinforce the appropriate frontage character within the following districts.
TABLE 1107.03 PERMITTED FRONTAGE TYPOLOGIES
STUR
MUR
BRD
MAIN
SH
YEAR
CCD
MILO
INDD
FP
USE
DEFINITION & STANDARDS
Shopfront
-
 
 
 
 
 
 
-
-
-
Patio
-
 
 
 
 
 
 
-
-
-
Gallery
 
-
-
-
-
-
 
-
-
-
Arcade
-
-
-
-
-
 
-
-
-
Yard
 
 
 
 
 
 
-
-
-
-
Terrace
-
 
 
 
 
 
-
-
-
-
Forecourt
 
 
 
 
 
 
-
-
-
-
Streetwall
-
 
 
 
 
 
-
-
-
-
Porch
 
-
-
-
-
-
-
-
-
-
Stoop
 
-
-
-
-
-
-
-
-
-
   (a)   Shopfront.
       (1)   Typical Lot Configuration.
         (2)   Description. The shopfront is a traditional ground floor frontage treatment designed for active commercial uses (typically retail and dining) and a high degree of pedestrian activity between the public sidewalk and commercial spaces. A shopfront treatment includes one or more commercial tenant storefronts consisting of large windows and a direct tenant entrance from the sidewalk, typically at sidewalk grade. Storefront characteristics typically include prominent entrances, primarily composed of glass, and tenant signage. If not located in a zero lot line condition (immediately behind the sidewalk), the intervening front setback may be paved as an extension of the sidewalk streetscape to the building façade. All or portions of the setback may be designated for use as outdoor seating or dining/bar space. The setback may also include landscaping, either at grade with the sidewalk along the building foundation, or in raised beds or planters.
   (b)   Patio.
      (1)   Typical Lot Configuration.
         (2)   Description. The patio frontage is used primarily to provide outdoor seating associated with ground floor dining uses within a building. The patio is a hardscaped area that may be located to the front or side of a building between the building and sidewalk.
   (c)   Gallery.
      (1)   Typical Lot Configuration.
         (2)   Description. The main facade of the building is at the frontage line and the gallery element overlaps the sidewalk. This frontage type is intended for buildings with ground- floor commercial or retail uses and may be one or two stories. The gallery must extend close enough to the curb so that a pedestrian cannot bypass it. Due to the overlap of the right-of-way, an easement is usually required.
   (d)   Arcade.
      (1)   Typical Lot Configuration.
         (2)   Description. An arcade is a frontage type featuring a pedestrian walkway covered by the upper floors of a building. The ground story facade is setback and upper floors are supported by a colonnade or supports.
   (e)   Yard.
      (1)   Typical Lot Configuration.
         (2)   Description. The yard is a typical landscape setback which may consist of open lawn, landscape beds, or some combination of the two. It may contain hardscape elements as a secondary feature and may be edged by a low fence or masonry wall. Yards are typically at the same or similar grade as the adjacent sidewalk and include a front walk connecting the public sidewalk to the main entrance of a building (see Raised Yard as a variation). This is the common frontage treatment for houses and other neighborhood-scale residential buildings, and is typically combined with other a porch or stoop building frontage. A yard may also be used for flex building types designed for any combination of uses.
   (f)   Terrace.
      (1)   Typical Lot Configuration.
         (2)   Description. In the Terrace Frontage Type, the main facade is at or near the property line with an elevated terrace providing public circulation along the facade. This Type can be used to provide at-grade access while accommodating a grade change and is frequently used together with a shopfront. Frequent steps up to the terrace are necessary to avoid dead walls and maximize access. A terrace treatment differs from the Raised Yard Frontage type in that the building is typically located closer to the sidewalk and the terraced setback is architecturally integrated with the building façade, consisting of more hardscape materials. Raised planters may be incorporated as part of a terrace frontage.
   (g)   Forecourt.
      (1)   Typical Lot Configuration.
         (2)   Description. The forecourt frontage treatment allows for a portion of a building façade to be set farther back from the street, creating a courtyard condition with street frontage. A forecourt condition may also be created through the composition of three separate buildings, oriented with the central building setback farther from the others. A forecourt may include open access to the public sidewalk with one or more entrances into the building, or may be fenced and elevated as a semi-private space, partially visible from the public realm. The forecourt area typically includes a combination of landscape and hardscape treatments, and may include outdoor amenities and seating areas associated with the building(s).
   (h)   Streetwall.
      (1)   Typical Lot Configuration.
         (2)   Description. The streetwall frontage is used to create a continuous and defined edge along parking lots where located in close proximity to a street and sidewalk. Streetwalls are typically low (at or below waist height of a passing pedestrian) and may be composed entirely of masonry, a combination of decorative metal fencing with masonry columns, raised planters, a landscape hedge treatment, or some combination of these. Masonry street walls are typically designed to coordinate with the principal building architecture and often are physically connected to the building façade. Street walls may be interrupted with a pedestrian walk connection to the public sidewalk. For new projects or redevelopment, street walls are intended for use along any portion of lot frontage in which side or rear parking is located adjacent to or near the public sidewalk, but are secondary to other frontage types associated with the principal building and should not dominate the entire lot frontage. Streetwalls are also an effective design approach to improve existing auto-oriented sites for which all or substantial portions of a primary frontage consist of parking.
   (i)   Porch.
      (1)   Typical Lot Configuration.
         (2)   Description. Common frontage type for residential building types. Porches should be an extension of the internal living space.
   (j)   Stoop.
      (1)   Typical Lot Configuration.
 
 
         (2)   Description. A component type featuring set of stairs with a landing leading to the entrance of a building.
         (Ord. 081-2023. Passed 10-3-23.)
TITLE THREE - Uses
         Chap. 1108 . Comprehensive Use Tables.
         Chap. 1109 . Specific Use Standards.
CHAPTER 1108
Comprehensive Use Table
1108.01    Comprehensive Use Table.

1108.01 COMPREHENSIVE USE TABLE.

TABLE 1108.01 PRINCIPAL USES BY ZONING DISTRICT
STUR
MUR
BRD
MAIN
SH
YEAR
CCD
MILO
INDD
FP
USE
DEFINITION & STANDARDS
Accessory Uses (any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use).
 
 
 
 
 
 
 
3
3
3
RESIDENTIAL
Accessory Dwelling Units
 
 
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Short-Term Rental
 
 
 
 
N/A
N/A
 
N/A
N/A
N/A
Dwelling, Single-Unit, Detached, Attached, Duplex
 
 
N/A
N/A
N/A
 
N/A
 
N/A
N/A
Dwelling, Three- and Seven-Unit
 
 
N/A
 
 
 
N/A
 
N/A
N/A
Dwelling, Multi-Unit (Eight and Above)
N/A
 
 
 
 
 
 
 
N/A
N/A
Live/Work Units
N/A
 
 
 
 
 
N/A
N/A
N/A
N/A
Group Care Facility
N/A
 
 
 
 
 
N/A
 
N/A
N/A
Group Home
N/A
 
 
 
 
 
N/A
 
N/A
N/A
Nursing Home
 
 
 
 
 
 
N/A
N/A
N/A
N/A
Senior Independent Living Facility
 
 
 
 
 
 
N/A
N/A
N/A
N/A
Senior Assisted Living Facility
 
 
 
 
 
 
N/A
N/A
N/A
N/A
Skilled Care Facility
N/A
 
 
 
 
 
 
 
N/A
N/A
Transitional Dwelling
N/A
 
 
 
 
 
 
 
N/A
N/A
Permitted Use Special Permit Use Permitted Subject to Conditions
1 Special Design standards for horizontally attached residential units
2 Permitted so long as meets the minimum interior SF devoted to grocery use
3 Accessory Uses (Any use permitted within the district shall be permitted as an accessory use so long as it is subordinate to the primary use in total GFA devoted to the accessory use)
 
TABLE 1108.01 PRINCIPAL USES BY ZONING DISTRICT
STUR
MUR
BRD
MAIN
SH
YEAR
CCD
MILO
INDD
FP
USE
DEFINITION & STANDARDS
COMMERCIAL
Personal Service
N/A
 
 
 
 
 
 
N/A
N/A
N/A
Retail Sales < 5,000 sf
N/A
2
 
 
 
 
 
N/A
N/A
N/A
Retail Sales 5,000 sf to 25,000 sf
N/A
N/A
 
 
 
 
 
N/A
N/A
N/A
Retail Sales > 25,000 sf
N/A
N/A
 
 
 
 
 
N/A
N/A
N/A
Commercial Retail Sales and Services
N/A
N/A
 
 
 
 
 
N/A
N/A
N/A
Business and Professional Offices
N/A
 
 
 
 
 
 
N/A
 
N/A
Brewery/Distillery
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
 
N/A
Microbrewery/Microdistillery
N/A
 
N/A
N/A
N/A
N/A
 
N/A
 
N/A
Drive-In Windows and Drive-Through Facilities
N/A
N/A
 
 
 
 
 
N/A
N/A
N/A
Eating and Drinking Establishments
N/A
 
 
 
 
 
 
N/A
N/A
N/A
Off-Street Public Parking Lots and Garages
N/A
N/A
 
 
N/A
N/A
 
 
 
N/A
Nursery and Garden Supply Stores
N/A
N/A
 
 
N/A
N/A
N/A
N/A
 
N/A
Instructional Spaces and Studios
N/A
 
 
 
 
 
 
N/A
 
N/A
Gyms and Physical Fitness Facilities
N/A
 
 
 
 
 
 
N/A
N/A
N/A
Gasoline Stations
N/A
N/A
 
 
 
N/A
N/A
 
 
N/A
   
 
TABLE 1108.01 PRINCIPAL USES BY ZONING DISTRICT
STUR
MUR
BRD
MAIN
SH
YEAR
CCD
MILO
INDD
FP
USE
DEFINITION & STANDARDS
Small Vehicle Sales
N/A
N/A
 
 
N/A
N/A
N/A
N/A
 
N/A
Recreational Vehicle Sales
N/A
N/A
 
N/A
N/A
N/A
N/A
N/A
 
N/A
Bed & Breakfast
 
 
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Hotels, Motels or Tourist Houses
N/A
 
 
 
 
 
 
N/A
N/A
N/A
Vehicle and Large Equipment Repair
N/A
N/A
 
 
N/A
N/A
N/A
N/A
 
N/A
Car Wash Establishments
N/A
N/A
 
 
N/A
N/A
N/A
N/A
N/A
N/A
Funeral Home and Services, Excluding Crematories
N/A
N/A
 
 
N/A
N/A
N/A
N/A
N/A
N/A
Crematories
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
 
N/A
Sexually Oriented Business
N/A
N/A
 
N/A
N/A
N/A
N/A
N/A
 
N/A
Commercial Outdoor Recreation
N/A
N/A
 
 
 
N/A
N/A
N/A
 
N/A
Commercial Indoor Recreation
N/A
N/A
 
 
 
N/A
N/A
N/A
 
N/A
Veterinarian, Animal Boarding and Services
N/A
 
 
 
 
 
N/A
N/A
 
N/A
Art, Museum or Cultural Facility
N/A
N/A
 
 
 
 
N/A
N/A
N/A
N/A
Non-Industrial Food Production and Catering
N/A
N/A
 
 
 
 
 
N/A
 
N/A
Food Trucks
 
 
 
 
 
 
 
 
 
 
 
TABLE 1108.01 PRINCIPAL USES BY ZONING DISTRICT
STUR
MUR
BRD
MAIN
SH
YEAR
CCD
MILO
INDD
FP
USE
DEFINITION & STANDARDS
PUBLIC FACILITIES, INSTITUTIONS AND TRANSPORTATION
Passenger Transportation Agencies and Terminals
N/A
N/A
 
 
N/A
N/A
 
 
 
N/A
Day Care, Type A
 
 
N/A
N/A
 
 
N/A
N/A
N/A
N/A
Day Care, Type B
 
 
N/A
N/A
 
 
N/A
N/A
N/A
N/A
Day Care Facility
N/A
 
 
 
 
 
 
N/A
N/A
N/A
Small-Scale Assembly
 
 
 
 
 
 
N/A
 
 
N/A
Large-Scale Assembly
 
 
 
 
 
 
N/A
 
 
N/A
Civic, Social, Cultural Organizations or Clubs
N/A
 
N/A
N/A
N/A
N/A
N/A
 
 
N/A
Public Utility Rights-of-Way and Pertinent Structures and Telecommunication Towers
N/A
N/A
 
 
N/A
N/A
N/A
 
 
N/A
Solar Facilities
 
 
 
 
 
 
 
 
 
N/A
Educational Institution
 
 
 
 
N/A
 
 
 
 
N/A
Parks and Trails
 
 
 
 
 
 
 
 
N/A
N/A
Governmentally Owned and/or Operated Buildings and Facilities
 
 
 
 
 
 
 
 
 
N/A
MEDICAL
Medical and Health Care Offices
N/A
 
 
 
 
 
 
 
N/A
N/A
Urgent Care or Clinic
NA
N/A
 
 
 
 
 
 
N/A
N/A
Hospital
N/A
N/A
 
 
 
 
 
 
N/A
N/A
 
TABLE 1108.01 PRINCIPAL USES BY ZONING DISTRICT
STUR
MUR
BRD
MAIN
SH
YEAR
CCD
MILO
INDD
FP
USE
DEFINITION & STANDARDS
INDUSTRIAL
Artisan Manufacturing
NA
N/A
N/A
N/A
N/A
N/A
N/A
 
 
N/A
Research and Development Facilities
N/A
N/A
 
 
N/A
 
 
 
 
N/A
Warehousing, Wholesaling and Transportation Services
N/A
N/A
N/A
N/A
N/A
N/A
N/A
 
 
N/A
Storage/Mini Storage
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
 
N/A
Maker Space
N/A
N/A
 
 
 
 
 
N/A
 
N/A
Small Light Industrial
N/A
N/A
 
 
N/A
N/A
N/A
 
 
N/A
Large Light Industrial
N/A
N/A
N/A
N/A
N/A
N/A
N/A
 
 
N/A
Heavy Industrial
N/A
N/A
N/A
N/A
N/A
N/S
N/S
 
 
N/A
Industrial, Commercial, or Construction Services
N/A
N/A
N/A
N/A
N/A
N/A
N/A
 
 
N/A
Building Material Dealers and Sales
N/A
N/A
N/A
N/A
N/A
N/A
N/A
 
 
N/A
Drilling or extractive Services
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
 
N/A
(Ord. 081-2023. Passed 10-3-23.)
CHAPTER 1109
Specific Use Standards
1109.01    Boarding houses.
1109.02    Car washes.
1109.03    Civic, social or cultural organizations or clubs.
1109.04    Community gardens and urban agriculture.
1109.05    Convenience food stores and fast-food restaurants with drive-throughs.
1109.06    Day care facilities and schools (public, parochial or pvivate).
1109.07    Financial establishments.
1109.08    Food trucks.
1109.09    Group homes.
1109.10    Home building centers.
1109.11    Home day cares.
1109.12    Large-scale assembly.
1109.13    Live/work unit.
1109.14    Maker space.
1109.15    Micro-brewery or micro-distillery.
1109.16    Motels and hotels.
1109.17    On-site tobacco and synthetic tobacco consumption establishment.
1109.18    Private garages and carports.
1109.19    Research and development facilities.
1109.20    Senior assisted living facility.
1109.21   Sexually oriented businesses.
1109.22    Small light industrial.
1109.23    Small-scale assembly.
1109.24    Storage or mini-warehouse facilities.
1109.25    Vehicle and large equipment repair.

1109.01 BOARDING HOUSES.

   (a)   Conditions. The conditions described below apply to boarding houses.
   (b)   Maximum Occupancy. A boarding house shall have no more than twenty (20) guests at any given time. (Ord. 081-2023. Passed 10-3-23.)

1109.02 CAR WASHES.

   (a)   Conditions. The conditions described below apply to car washing facilities in the BRD District or MAIN District.
   (b)   Minimum Lot Area. 30,000 square feet.
   (c)   Setbacks and Screening.
      (1)   All structures shall be located at least fifty (50) feet from any adjacent residential property.
       (2)   A solid fence, wall or hedge at least six (6) feet high shall be required when an automobile washing facility is adjacent to a residential property.
   (d)   Limitations on Use.
      (1)   All washing facilities shall be located entirely within an enclosed building, except that entrance and exit doors may be left open during the hours of operation.
      (2)   Vacuuming and/or steam cleaning equipment may be located outside a building, but shall not be located closer than fifty (50) feet from residential property.
 
   (e)   Off-street Waiting and Circulation.
      (1)   Five (5) off-street waiting spaces shall be provided for each car washing device or stall. Fifteen (15) off-street waiting spaces for an assembly line type washing establishment, and two (2) parking spaces at the end of each washing bay for drying and hand- finishing vehicles. Waiting spaces shall not block or otherwise interfere with site circulation patterns.
      (2)   A hard-surfaced exit drive not less than forty (40) feet in length shall be provided between the exit doors and the street.
   (f)   Access and Traffic Impact. Access shall be from an arterial street or commercial collector. (Ord. 081-2023. Passed 10-3-23.)

1109.03 CIVIC, SOCIAL, OR CULTURAL ORGANIZATIONS OR CLUBS.

   (a)   Conditions. The conditions described below apply to civic, social, or cultural organizations or clubs.
   (b)   Prohibited Operations. A civic, social, or cultural organization or club shall not include any form of adult entertainment business or retail sales.
(Ord. 081-2023. Passed 10-3-23.)

1109.04 COMMUNITY GARDENS AND URBAN AGRICULTURE.

   (a)   Applicability.
      (1)   Community gardens and urban agriculture are permitted as a primary or an accessory use in all zoning districts, subject to approval of a zoning permit per Title Six - Administration and Procedures.
      (2)   Where the operator of an urban agriculture site or community garden is not the property owner, written permission from the property owner shall be required before gardening or agricultural activities may commence.
 
   (b)   Operator Contact Information Required.
      (1)   In addition to any other applicable information required as part of a permit per Title Six - Administration and Procedures, permit applications for community gardens or urban agriculture shall include contact information for the organization or individuals responsible for maintenance of the use, including names, mailing addresses, emailing addresses, and telephone numbers.
      (2)   Should the contact information be changed for an operator of a community garden or urban agriculture, the operator must file an updated contact list with the City on a form made available by the Director of Public Service.
   (c)   Permitted Activities That Require a Zoning Permit. The following activities shall be permitted as part of an approved urban agriculture site or community garden for agricultural, floricultural, or horticultural commodities:
      (1)   Cultivation, growing, and harvesting, including the operation of greenhouses, hoop houses, cold frames, and similar structures.
      (2)   Operating farm stands.
   (d)   Permitted Activities That Do Not Require a Zoning Permit. The following activities typically associated with community gardens and urban agriculture do not require a zoning permit to operate on private property:
      (1)   Composting in compost bins.
      (2)   Keeping hens.
      (3)   Beekeeping.
   (e)   (EDITOR'S NOTE: Former subsection (e) was deleted by Ordinance 019-2024, passed May 21, 2024.)
   (f)   Keeping of Hens.
      (1)   The keeping of hens shall not be permitted as the primary use of an urban agricultural site or community garden.
      (2)   Hens shall have access to an outdoor coop or enclosure adequately fenced or otherwise bound to contain the birds on the property and to prevent access by dogs and other predators. Such coop and enclosure shall provide at least ten (10) square feet of area for each bird.
      (3)   The coop, the enclosure, and other spaces where hens graze shall not be in a side yard or a front yard.
      (4)   Not more than six (6) hens per lot are permitted.
      (5)   Roosters are not permitted under any circumstances.
      (6)   On-site slaughtering of hens is prohibited.
      (7)   The coop, the enclosure, and any other constructed elements and reserved space for hens shall not exceed eight (8) feet in height, shall not occupy more than twenty-five percent (25%) of a rear yard, and shall not be closer than five (5) feet from any lot line.
   (g)   (EDITOR'S NOTE: Former subsection (g) was deleted by Ordinance 019-2024, passed May 21, 2024.)
   (h)   Farm Stands.
      (1)   Farm stands shall be permitted as accessory to a community garden or urban agriculture site, but they may only sell products harvested from the subject property.
      (2)   Up to one (1) farm stand per lot shall be permitted.
      (3)   Farm stands shall only operate between the hours of 8:00 a.m. and 8:00 p.m.
       (4)   If the farm stand is a permanent structure, it must adhere to the applicable accessory structure standards of this Code.
      (5)   Tables, chairs, or any other equipment associated with a farm stand must be stored away from view when the farm stand is not operating.
   (i)   On-site Composting.
      (1)   On-site composting shall not be permitted as the primary use of an urban agricultural site or community garden and may not occupy more than twenty percent (20%) of the property.
      (2)   Bins and materials associated with composting shall not be closer than fifteen (15) feet from any lot line.
      (3)   Materials that will or are being composted shall be stored in a manner that is not visible from adjacent residential properties.
      (4)   Where there is found to be an insect or rodent infestation, the composting activity shall discontinue, and composting equipment shall be removed until thirty (30) days after the insect or rodent infestation is addressed and removed.
   (j)   Fencing. Fencing shall comply with the applicable regulations of Article 1114 - Fences, Walls, and Screening.
   (k)   Agricultural Structure and Site Design Requirements.
      (1)   All agricultural structures over 200 square feet shall require a building permit.
      (2)   Where a parcel contains no dwelling or other principal structure, any agricultural structures other than fences shall be deemed accessory to the community garden or urban agriculture use.
      (3)   Where an urban agriculture site or community garden is the primary use of a property, any structures on the lot shall be used only for agricultural purposes.
      (4)   Any agricultural structures that are abandoned, or all structures associated with an urban agriculture site or community garden that ceases to operate, shall be removed within sixty (60) days of abandonment or discontinuance of the use .
      (5)   In residential districts, structures associated with an urban agriculture site or community garden shall only be in the rear yard of the subject property. Where the subject property is not improved with a dwelling or other approved principal structure, the rear yard shall be identified and assigned by the Director of Public Service based on the average location of rear yards for improved properties on either side of the subject property.
   (6)   Permitted agricultural structures include greenhouses, hoop houses, cold frames, and similar structures for the growing of plants.
      (7)   Permitted site design elements include open space for active and passive recreation including children's play areas.
      (8)   Permitted accessory structures include sheds, gazebos, pavilions, and similar structures.
   (l)   Maintenance.
      (1)   The property shall be maintained in an orderly manner, free of excessive weeds, debris, vermin, or standing water.
      (2)   Any citations for enforcement action against a property with an urban agriculture site or community garden shall be issued to the listed operators of the property.
         (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)

1109.05 CONVENIENCE FOOD STORES AND FAST-FOOD RESTAURANTS WITH DRIVE- THROUGHS.

   (a)   Conditions. The conditions described below apply to convenience food stores in the YEAR, SH, BR, and MAIN districts. The conditions described below also apply to fast-food restaurants with drive-throughs in the BRD and MAIN Districts.
   (b)   Minimum Lot Area. Minimum lot area shall be 7,500 square feet, except that uses with drive-in or drive- through facilities shall be located on lots with a minimum area of 20,000 square feet.
 
   (c)   Setbacks. Drive-in or drive-through windows and lanes shall be located at least fifty (50) feet from any residential property. All other structures shall be set back at least thirty-five (35) feet from any residential property.
   (d)   Screening. A solid wood fence or masonry wall six (6) feet high shall be constructed where a convenience food store, drive-in store or fast food restaurant is located adjacent to a residential property.
   (e)   Off-street Parking and Circulation.
      (1)   Stacking space for eight (8) vehicles shall be provided for every drive-thru facility. Such stacking spaces are to be located behind the point where the drive-thru order is placed. Stacking spaces shall not block or otherwise interfere with site circulation patterns.
      (2)   Customer and employee parking shall be separated from drive-in activities, and customer parking shall be located in the area with highest accessibility to dining or sales areas.
      (3)   The circulation system shall provide smooth, continuous traffic flow with efficient, non-conflicting movement throughout the site. Major pedestrian movements shall not conflict with major vehicular circulation movements.
   (f)   Access and Traffic Impact. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
(Ord. 081-2023. Passed 10-3-23.)

1109.06 DAY CARE FACILITIES AND SCHOOLS (PUBLIC, PAROCHIAL, OR PRIVATE).

   (a)   Conditions. The conditions described below apply to the above-named facilities.
   (b)   Minimum Lot Area and Facility Requirements. Facilities for seven (7) or more participants shall have a minimum lot area of 10,000 square feet, or 500 square feet per participant, whichever is greater. Such facilities shall only be permitted within structures that have been constructed so as to meet appropriate assembly ratings within the Building Code standards. Home day care of six (6) or fewer participants is considered a home occupation and is regulated in Section 1116.02 - Accessory Uses.
   (c)   Required Outdoor Activity Area. There shall be provided a minimum of 100 square feet of fenced outdoor activity area per participant to be served. Such activity area shall not be located within the established minimum front yard setback area within the area the proposed facility is to be established. Outdoor amenities for adult day cares that contribute to comfort, safety and security, ease of access, serene and tranquil environment to create functional and inviting park space for participants to sit, watch and socialize by providing a range of amenities for the widely varied needs and abilities of the participants such as the following, but not limited to: seating in shade and sun, landscaped with trees, shrubs, raised garden areas, vegetation and flower planters for seasonal interest at wheelchair height rather than ground level so they can be viewed from a sitting position, use of grass in lieu of ground cover whenever possible, hardscape access paths or walks, required fencing.
   (d)   Required Access and Loading/unloading.
      (1)   An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four (4) automobiles for facilities with twenty (20) or fewer participants plus one (1) additional vehicle for each additional ten (10) participants served.
      (2)   Access to an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.
      (3)   If bus transportation is to be provided to the facility, then such loading areas shall be designed in a way that will not impair the flow of traffic on abutting streets.
 
   (e)   Required Fencing. All outdoor activity areas shall be enclosed by a fence or wall a minimum of four (4) feet in height, except that a minimum six (6) foot high wall, solid wood fence, or chain link fence planted with a continuous evergreen screen shall be provided around all outdoor activity areas immediately abutting a residential property.
   (f)   Hours of Operation. Use of outdoor activity areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m. There is no limit on the daily hours of operation, but the facility must not serve any participant on a continuous twenty-four (24)-hour basis.
   (g)   Special Provisions for Day Care Facilities in Non-residential Areas. The Director of Public Service has the power to require additional fencing, screening and/or other measures deemed necessary to protect the health, safety and welfare of participants using day care facilities in non-residential areas or other high hazard areas, or to deny a request to locate a facility in such areas based on health and safety conditions.
   (h)   Licensure and Certification. Adult day cares shall be certified as enhanced or intensive adult day services (ADS) providers by Ohio through the Pre- Admission Screening System Providing Options and Resources Today (PASSPORT) program administered by the Department of Aging, as evidenced by:
      (1)   Each applicant must be a formally organized business or service agency that has been operating and providing services for at least two (2) adults for at least three (3) months at the point of PASSPORT Provider application; and
      (2)   The submission of a copy of an appropriate state certification for issuance of a final (permanent) Certificate of Occupancy.
   (i)   Type of Facilities. Adult day cares in non-residential areas shall be located in any medical care facilities or a multi-use facility which is in or connected to a licensed medical environment which meets the applicable state and local building and safety codes.
   (j)   Parking. When an adult day care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required in compliance with Article 1111 - Parking, Loading, and Drive- Throughs. (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
  

1109.07 FINANCIAL ESTABLISHMENTS.

   (a)   Conditions. The conditions described below apply to financial establishments in the BRD, MAIN, SH, YEAR, and CCD Districts .
   (b)   Minimum Lot Area. Uses with drive-in facilities shall have a minimum lot area of 30,000 square feet.
   (c)   Setbacks and Screening. Drive-in windows and lanes shall be located at least fifty (50) feet from any residential property, and a solid wood fence, hedge or masonry wall at least six (6) feet in height shall be provided where a drive- in window is located adjacent to a residential property.
   (d)   Off-street Parking and Circulation.
      (1)   Stacking space for five (5) vehicles shall be provided for every drive-in facility. Stacking spaces shall not block or otherwise interfere with site circulation patterns.
      (2)   Customer and employee parking shall be separated from drive-in activities and customer parking shall be located in the area with highest accessibility to the principal building.
      (3)   The circulation system shall provide smooth, continuous traffic flow with efficient, non-conflicting movement throughout the site. Major pedestrian movements shall not conflict with major vehicular circulation movements.
   (e)   Access and Traffic Impact. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
(Ord. 081-2023. Passed 10-3-23.)

1109.08 FOOD TRUCKS.

   (a)   Conditions. The conditions described below apply to food trucks.
   (b)   License Required. Each food truck shall obtain a valid license per Chapter 739 - Transient Merchants of the Codified Ordinances of the City of Whitehall prior to operating. If no time limit is specified, the license shall be effective for no longer than thirty (30) days from the date of issuance
       (1)   Exceptions: Food trucks operating for less than two (2) consecutive days as part of a special event. Such units must be invited to participate by the special event host and comply with any health and fire licensing requirements of the State.
   (c)   Application Requirements. In addition to other information required in Chapter 739 - Transient Merchants for a license, an application for a food truck shall include:
      (1)   A site plan showing where the food truck will be parked and operating.
      (2)   The dates and hours of operation.
   (d)   Noise. No food truck shall utilize sound-amplifying devices within public rights-of-way or on private property in such a manner that causes sound to carry outside of the public right-of-way or onto adjacent private properties.
   (e)   Overnight Parking. No food truck shall be parked at the location of operation between the hours of midnight to 6:00 a.m.
   (f)   Lighting. A food truck may only use lighting that is affixed to the food truck and that does not cause a glare, nuisance, or hazard to the public in the right-of-way or neighboring private properties.
   (g)   Use of Public Right-of-way.
      (1)   No food truck shall have an exclusive right to any location in the public right-of-way.
      (2)   A food truck shall not operate in a congested area where such operation impedes the safe use of public rights-of-way.
      (3)   A food truck shall not be left unattended on a public right-of-way except where it is legally parked.
      (4)   A food truck shall not operate in a location that obstructs pedestrian crossings, bicycle lanes, intersections, driveways, or other vehicular access points.
   (h)   Waste Management. A food truck shall provide its own waste and recycling containers to collect waste and recyclables generated by the food truck. No hoses or drainage of grease traps of similar liquids shall be drained into any storm water system.
 
   (i)   Additional Restrictions and Requirements. Food trucks shall be subject to the restrictions and requirements of Chapter 739 - Transient Merchants of the Codified Ordinances of the City of Whitehall. (Ord. 081-2023. Passed 10-3-23.)

1109.09 GROUP HOMES.

   (a)   Conditions. The conditions described below apply to group homes.
   (b)   Maximum Occupancy. Class I and Class II group homes shall not serve more than fifteen (15) residents at any given time.
(Ord. 081-2023. Passed 10-3-23.)

1109.10 HOME BUILDING CENTERS.

   (a)   Conditions. The conditions described below apply to home building centers.
   (b)   Prohibited Operations. A home building center shall not be used for any milling operations including sawing, planning, ripping, shaping, drilling, and/or manufacture of wood products.
   (c)   Prohibited Sales. Heavy building material such as brick, concrete blocks, sand, gravel, steel beams, drain tile, large framing lumber, and similar materials shall not be stocked or stored on the premises.
(Ord. 081-2023. Passed 10-3-23.)

1109.11 HOME DAY CARES.

   (a)   Conditions. The conditions described below apply to home day cares.
   (b)   Location of Services. A home day care shall only operate within a building used primarily as a dwelling.
   (c)   Maximum Occupancy. A home day care shall have no more than six (6) children present at any given time who are apart from their legal guardians in need of supervision.
   
   (d)   Employees. Only those individuals who legally reside in the dwelling where the home day care operates may be employed in the home day care.
   (e)   Licensure Requirements. Home day care operations shall continuously meet any applicable licensing requirements by the State of Ohio.
(Ord. 081-2023. Passed 10-3-23.)
 

1109.12 LARGE-SCALE ASSEMBLY.

   (a)   Conditions. The conditions described below apply to large-scale assembly uses.
   (b)   Permitted Accessory Use. Performances are permitted as ancillary to the congregation function of the establishment, including performances for special events, weddings, private parties, and receptions.
(Ord. 081-2023. Passed 10-3-23.)

1109.13 LIVE/WORK UNIT.

   (a)   Conditions. The conditions described below apply to live/work units.
   (b)   Prohibited Uses. The use of chemicals deemed toxic by the CDC within their toxic chemical classifications is prohibited within a live-work unit. Such classifications include but are not limited to those published by the CDC in their "Toxic Substances Portal," or as published in the U.S. Consumer Product Safety Commission's Art and Craft Safety Guide.
(Ord. 081-2023. Passed 10-3-23.)

1109.14 MAKER SPACE.

   (a)   Conditions. The conditions described below apply to maker spaces.
   (b)   Maximum Square Footage. A building or portion thereof that is used as a maker space shall be no larger than 5,000 square feet.
   (c)   Prohibited Emissions. No functions, processes, or uses of a maker space shall emit fumes, noise, dust, or any ambient particulate matter from chemicals.
(Ord. 081-2023. Passed 10-3-23.)

1109.15 MICRO-BREWERY OR MICRO-DISTILLERY.

   (a)   Conditions. The conditions described below apply to micro-breweries or micro-distilleries.
   (b)   Maximum Product Storage. On-site production of beer or liquor shall not exceed 15,000 barrels (465,000 gallons) of beer, or 12,000 gallons of liquor by single-batch production.
   (c)   Permitted Accessory Use. Associated ancillary drinking establishments may be established on-site. (Ord. 081-2023. Passed 10-3-23.)
 

1109.16 MOTELS AND HOTELS.

   (a)   Minimum Lot Area. Any lot to be used for a motel or hotel shall be at least two (2) acres in area and shall contain at least 1,000 square feet of lot area per sleeping unit.
   (b)   Setback and Screening. All structures shall be located at least thirty-five (35) feet from any residential property, and a solid fence, wall or hedge six (6) feet in height shall be provided on any side of the site adjacent to a residential property.
   (c)   Access and Traffic Impact. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.
(Ord. 081-2023. Passed 10-3-23.)

1109.17 ON-SITE TOBACCO AND SYNTHETIC TOBACCO CONSUMPTION ESTABLISHMENT.

   (a)   Hours of Operation. Operating hours shall be limited to between the hours 8:00 a.m. to 10:00 p.m.
   (b)   Alcohol Consumption. Alcohol consumption is prohibited on site unless a liquor license is received for the property from the State of Ohio Department of Commerce.
(Ord. 081-2023. Passed 10-3-23.)

1109.18 PRIVATE GARAGES AND CARPORTS.

   (a)   Conditions. The conditions described below apply to private garages.
   (b)   Residential Accessory Use. On a residential lot, a private garage or carport shall only be accessory to, and constructed on the same lot as, a residence building. A private garage or carport is prohibited from being the primary use of a residential lot.
   (c)   Storage and Size Limitations.
      (1)   A private garage or carport that is accessory to a one (1) unit dwelling shall not provide storage for more than three (3) motor vehicles and shall not exceed 660 square feet of floor surface, except where a variance is granted by the Board of Zoning and Building Appeals.
      (2)   A private garage or carport that is accessory to a residence having provisions for more than one (1) dwelling unit shall not provide storage for more than two (2) motor vehicles for each dwelling unit for which such residence is arranged or designed.
      (3)   Private garages and carports shall be limited to one (1) per lot.
         (Ord. 081-2023. Passed 10-3-23.)

1109.19 RESEARCH AND DEVELOPMENT FACILITIES.

   (a)   Conditions. The conditions described below apply to research and development facilities.
   (b)   Prohibited Use. A research and development facility shall not be used for the manufacture or sale of products.
(Ord. 081-2023. Passed 10-3-23.)

1109.20 SENIOR ASSISTED LIVING FACILITY.

   (a)   Conditions. The conditions described below apply to senior assisted living facilities.
   (b)   Age Restriction. Senior assisted living facilities shall serve elderly persons aged sixty (60) or older with their spouses, and/or shall serve persons having such disabilities as to require assistance with daily living tasks, as suggested by their physician.
   
   (c)   Minimum Number of Units. There shall be a minimum of four (4) dwelling units and/or rooming units to serve residents of the senior assisted living facility.
(Ord. 081-2023. Passed 10-3-23.)
 

1109.21 SEXUALLY ORIENTED BUSINESSES.

   (a)   Minimum Separation.
      (1)   No sexually oriented business shall be established within 1000 feet of any school, library, or teaching facility, whether public or private, if such school, library, or teaching facility is attended by persons under eighteen (18) years of age.
      (2)   No sexually oriented business shall be established within 1000 feet of a public park.
      (3)   No sexually oriented business shall be established within 1000 feet of a residential dwelling of any type.
   (b)   Building Design. All building openings, entries, and windows for buildings or tenant spaces that are used by a sexually oriented business shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk, or street.
   (c)   Restrictions on Screens and Noise. No screens, loudspeakers, or other sound equipment shall be used for sexually oriented businesses that can be seen or discerned by the public from public or semi-public areas.
(Ord. 081-2023. Passed 10-3-23.)

1109.22 SMALL LIGHT INDUSTRIAL.

   (a)   Conditions. The conditions described below apply to the small light industrial use.
   (b)   Maximum Building Size. Principal structures that are used as small light industrial shall be no larger than 25,000 square feet per lot.
(Ord. 081-2023. Passed 10-3-23.)

1109.23 SMALL-SCALE ASSEMBLY.

   (a)   Conditions. The conditions described below apply to small-scale assembly uses.
   (b)   Maximum Square Footage. A structure that is used as a small-scale assembly shall be no larger than 15,000 square feet of gross floor area, including related support facilities like kitchens, bathrooms, and storage.
 
   (c)   Permitted Accessory Use. Performances are permitted as ancillary to the congregation function of the establishment, including performances for special events, weddings, private parties, and receptions.
(Ord. 081-2023. Passed 10-3-23.)
   

1109.24 STORAGE OR MINI-WAREHOUSE FACILITIES.

   (a)   Minimum Lot Area. The minimum lot area for a storage or mini-warehouse facility shall be one (1) acre.
   (b)   Setbacks and Screening.
      (1)   Structures shall be set back from residential property a minimum of fifty (50) feet.
      (2)   A solid wall or hedge a minimum of six (6) feet in height shall also be provided adjacent to a residential property.
   (c)   Limitations on Use. A minimum of one (1) housing unit for a resident manager shall be provided and designed as an integral part of the existing structure or structures or, if designed as a separate structure, shall be built according to commercial building standards.
   (d)   Parking. Parking shall be provided as required in Article 1111 - Parking, Loading, and Drive-Throughs. A minimum of two (2) parking spaces shall be dedicated to the resident manager's unit.
   (e)   Lighting. Exterior lighting shall be a cut off luminaire or shaded whenever necessary to avoid casting direct light upon any adjacent property or upon any adjacent public street. (Ord. 081-2023. Passed 10-3-23.)

1109.25 VEHICLE AND LARGE EQUIPMENT REPAIR.

   (a)   Conditions. The conditions described below apply to vehicle and large equipment repair.
   (b)   Screening Required. Where vehicles or equipment are stored outside awaiting repair, such areas shall be screened per Article 1114 - Fences, Walls, and Screening.
(Ord. 081-2023. Passed 10-3-23.)