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A. Applicability. Design review procedures are applicable to:
1. Applications for waivers or modifications of the Residential Infill Development Standards of Section 9.29.
2. Applications for demolition, erection, physical expansion, or exterior remodeling of building or premises, including accessory uses or appurtenances to the principal use, in Residential zones.
B. Application.
1. An application for design review must be filed by the owner of the subject property or the owner’s authorized agent.
2. Application must be filed with the Zoning Administrator.
C. Waiver or modification of residential infill development regulations.
1. Every application for waiver or modification of the residential infill development standards of Section 9.29 must be accompanied by drawings that contain sufficient information to enable the Infill Development Review Board to determine whether the plans meet the review and decision-making criteria of Section 9.30. These plans and drawings must indicate all proposed buildings and other site improvements. As used herein, “drawings” mean site plans, elevations, and/or perspectives drawn at a scale with sufficient detail to show the exterior appearance of proposed buildings and structures and location of existing and proposed improvements on the site. These drawings must include the following information:
a. Existing and proposed principal and accessory buildings, including location, dimensions, and height;
b. Front building elevations (facing the street), including dimensions and locations of doors, windows, garages, porches, and other architectural features;
c. Access points and off-street parking spaces;
d. Driveways, sidewalks, walkways, terraces, and other paved surfaces;
e. Accessory structures, including walls, fences, lighting, signs, and other site improvements;
f. Existing and proposed landscape areas and materials, if proposed to be altered;
g. All properties immediately adjacent to the site must also be included in the site plan; a site section and/or site elevations, including any adjacent properties, may be required.
2. An application for design review is not considered complete until all illustrative material necessary to adequately describe the proposed project has been submitted to the staff. The Infill Development Review Board may refuse to consider an application for design review if it judges that insufficient information has been provided by the applicant.
3. Infill Development Review Board action.
a. The Infill Development Review Board must review complete applications for design review that have been received by the staff 10 or more business days prior to each regular meeting. The applicant must be informed of the time and place at which the Infill Development Review Board will consider the application and the applicant will be heard.
b. Following the Infill Development Review Board’s review, it must take final action, by simple majority vote, on applications for design review, based on the review and decision-making criteria of Section 9.31.
c. In acting on an application for design review, the Infill Development Review Board is authorized to approve, approve with modifications or conditions, or disapprove the application. Where necessary, the Infill Development Review Board may recommend a variance be requested from the Board of Adjustment. Any recommendation by the Infill Development Review Board for approval that requires a variance from the Board of Adjustment must be conditioned on the granting of the variance to the applicant.
d. If the Infill Development Review Board approves an application, it must be signed by the duly authorized representative on behalf of the Chairperson or Vice-Chairperson, and transferred to the office of the Zoning Administrator and Building Inspector. All prints and other documents approved by the Infill Development Review Board must be stamped accordingly. The Zoning Administrator or Building Inspector must thereupon process the application in the usual manner.
e. If the Infill Development Review Board disapproves an application for a waiver or modification, it must state its reason for doing so and must transmit a record of such action and the reasons therefor in writing to the Zoning Administrator and Budding Inspector and to the applicant. No further action may be taken by the Zoning Administrator or Building Inspector on the application. The applicant may modify the application to make it acceptable to the Infill Development Review Board and has the right to resubmit the application at any time.
f. Any action taken by the Infill Development Review Board on applications must be forwarded as a written recommendation to the City Council within 14 days. The basis for the recommendation and any conditions thereto are to be included.
g. The Infill Development Review Board must act within 60 days of receipt of a complete application. The failure of the Infill Development Review Board to approve or disapprove such application within such time, unless otherwise mutually agreed by the applicant and the Infill Development Review Board, will be deemed to constitute disapproval and the issue will be considered to have been resolved. The applicant has the right to resubmit another application at any time.
h. Approval of an application for design review does not exempt the applicant from complying with ah of the requirements of this Zoning Ordinance, the Building Code, the Housing Code, and other ordinances and regulations of the city.
(Ord. 2022-3, passed 3-15-22)
These guidelines and review criteria must be used by the Infill Development Review Board in considering all applications for design review:
A. Whether the proposal respects the character of the neighborhood or business district, reinforcing its identity through design that is sympathetic to the architectural context of the surrounding area in terms of massing, form, materials, texture, scale and architectural treatment;
B. Whether the front building elevations (facing the street) and the overall massing of the building emphasize human scale and the pedestrian environment;
C. Whether the proposed building has been designed to form part of a larger composition of the surrounding area by being of similar scale, height, architectural treatment, and orientation;
D. Whether building silhouettes (scale and pitch of rooflines) are consistent with the context created by nearby buildings;
E. Whether the proportion of windows, bays, and doorways is consistent with the context created by nearby buildings;
F. Whether the proposed development uses lighting and related structures as an integrated element in landscaping, architectural treatment, and pedestrian environment.
(Ord. 2022-3, passed 3-15-22)
ARTICLE X ZONE REGULATIONS
A. Uses permitted:
1. Agricultural uses, but not including the feeding of garbage to animals.
2. Forestry.
3. Publicly owned or operated parks or recreation areas, including swimming pools.
4. Recreational uses other than those publicly owned or operated such as golf courses, golf driving ranges, and country clubs including commercial swimming pools, fishing lakes, and bathing beaches.
5. The following uses are permitted in connection with streams, rivers, lakes, or other bodies of water, providing that the development of all permitted facilities in or adjacent to navigable waters shall be approved by the Corps of Engineers, Department of the Army, and a statement of approval or denial shall be submitted to the Planning Commission at the time of submittal of the development plan.
a. Recreational boat harbors and marinas. The following uses shall be permitted as accessory uses in connection with any boat harbor or marina and primarily intended to serve only persons using the boat harbor or marina. Advertising of any included or accessory uses shall be within the building and shall not be visible from outside the building.
1) Boat fueling, service, and repairs.
2) Sale of boat supplies.
3) Grocery store.
4) Restaurant.
5) Clubhouse and lockers.
b. Public or private boat landing or launching facilities.
c. Recreational dockage facilities.
d. Off-street parking facilities and temporary parking of boat trailers including spaces large enough to accommodate automobiles pulling boat trailers.
B. Accessory uses:
1. Customary accessory buildings and uses.
C. Temporary uses: no building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved of by the Board of Adjustment And subject to any conditions or restrictions as may be deemed necessary by the Board to protect the surrounding development and to reasonably insure a reasonable and justifiable operation. The temporary permits shall be valid for only one year and may be renewed at the end of the first year only after approved by the Board of Adjustment.
1. Extraction of minerals and other similar items.
2. Sanitary landfill, provided such does not create a water diversion which would endanger adjacent areas and further provided that a sanitary landfill would not create any undesirable odors or any unsightly area to adjacent properties or buildings and further than a sanitary landfill, according to a registered civil engineer report, would not cause contamination of any body of water.
D. Area, height, yard, and setback regulations: requirements shall be as determined and approved by the Planning Commission in the form of a site plan.
E. Other development controls:
1. All uses permitted, conditional uses, and temporary uses, permitted in this zone, where appropriate, shall require a certificate of approval from the City Engineer, certifying his approval of the type of an manner of construction to be built (ensuring that construction shall not cause flood hazard, soil erosion, adverse changes in natural drainage courses, or unnecessary destruction of natural features), which completed certificate shall be submitted to appropriate officer or board, as required herein, at time of request.
2. A site plan, as regulated by § 9.19, shall be required for any use in this zone.
4. No outdoor storage of any material (usable or waste) shall be permitted in this zone, except within enclosed metal containers.
5. No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way, or into any residential home.
6. Where any yard of any use permitted abuts a residential zone, a minimum yard requirement of one hundred (100) feed for each side or rear yard which abuts this zone shall be provided, ten (10) feet of which shall be maintained by a screening area, as regulated by § 9.17.
7. No use producing objectionable odors, noise, or dust shall be permitted within five hundred (500) feet from the boundary of any residential zone.
(Ord. 2017-6, passed 4-4-17)
A. Purpose: the purpose of this zone is to permit those types of uses which are oriented toward the Ohio River.
B. Uses permitted:
1. The following uses are permitted in this zone only when those uses are developed in conjunction with boat harbors, marinas, or dockage facilities, including boat landing or launching facilities located along the Ohio River in the Conservation Zone. These uses shall have an unobstructed access way connecting the permitted use with the Ohio River for the movement of equipment, materials, vehicles, and pedestrians.
a. Sale of marina supplies and equipment, including service and repair.
b. Sale of fishing equipment and supplies, including service and repair.
c. Off-street parking facilities and temporary parking of boat trailers, including spaces large enough to accommodate automobiles pulling boat trailers.
d. Restaurants.
2. Publicly owned or operated parks and recreational areas.
3. Recreational uses other than those publicly owned or operated, such as golf courses, golf driving ranges, country clubs, including community swimming pools.
C. Conditional uses:
1. Kennels and catteries under the following conditions:
a. Minimum parcel size for a kennel operation one-quarter (1/4) acre;
b. To be located in the River Oriented Zone;
c. Six (6) foot high perimeter fence around pen enclosure;
d. Minimum yard setback to nearest pen enclosure component; ten (10) feet;
e. To be located in rear yard;
f. Daily cleaning and pen maintenance;
g. Kennel to comply with all state regulations pertaining to kennels and the humane treatment of animals;
h. Screening as regulated by § 9.17 adjacent to any abutting residential use;
i. Other conditions as required by the Board of Adjustments.
D. Accessory uses:
1. Customary accessory buildings and uses.
4. Dwelling unit facilities for the occupancy of the operation of the principally permitted use, providing the use is attached thereto.
E. Area, height, yard, and setback regulations: requirements for all permitted uses shall be as determined and approved by the Planning Commission in the form of a site plan, as regulated by § 9.19.
F. Other developmental controls:
1. Dwelling units are not permitted in this zone, except as provided for in division D.4. of this section.
3. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers.
4. No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way, or into any residential zone.
5. Where any yard or any use permitted in this zone abuts a residential zone, a minimum yard requirement of fifty (50) feet for each side or rear yard which abuts said zone shall be provided, ten (10) feet of which shall be maintained by a screening area, as regulated by § 9.17.
6. No use producing objectionable odors, noise, or dust, shall be permitted within five hundred (500) feet from the boundary of any residential zone.
7. The Planning and Zoning Commission may approve, upon submission of a site plan, areas which may be used for outdoor storage of boats on crushed stone lots according to load bearing requirements.
8. A site plan, as regulated by § 9.19, shall be required for any use in this zone.
(Ord. 2017-6, passed 4-4-17)
A. Permitted uses: these are the uses which are permitted on property zoned R-1BC as outlined on the official zoning map.
1. Single-family residential dwelling, detached.
B. Accessory uses:
1. Customary accessory buildings and uses.
4. Home occupations, subject to the restrictions and limitations established in § 9.11.
C. Area and height regulations for permitted use:
1. Minimum lot area: 15,000 square feet.
2. Minimum lot width at building setback line: 85 feet.
3. Minimum front yard depth: 35 feet.
4. Minimum side yard width: 11 feet on each side of the lot.
5. Minimum rear yard depth: 25 feet.
6. Maximum building height: 35 feet.
D. Other development controls:
2. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers.
3. No lighting shall be permitted which would glare from this zone onto any street or into any adjacent property.
4. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
E. Conditional uses: The following uses or any customary accessory buildings or uses subject to the approval of the Board of Adjustment, as set forth in § 18.7.
1. Public-owned parks.
F. Area and height regulations for conditionally permitted uses:
1. Minimum lot area: 22,500 square feet.
2. Minimum lot width at building setback line: 150 feet.
3. Minimum front, side (on each side of lot) and rear yards: 50 feet.
4. Maximum building height: 35 feet.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
A. Permitted uses: these are the uses which are permitted on property zoned R-1C as outlined on the official zoning map:
1. Single-family residential dwelling, detached.
B. Accessory uses:
1. Customary accessory buildings and uses.
4. Home occupations, subject to the restrictions and limitations established in § 9.11.
C. Area and height regulations for permitted uses:
1. Minimum lot area: 12,500 square feet.
2. Minimum lot width at building setback line: 80 feet.
3. Minimum front yard depth: 35 feet.
4. Minimum side yard width: 10 feet on each side of the lot.
5. Minimum rear yard depth: 25 feet.
6. Maximum building height: 35 feet.
D. Other development controls:
2. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers.
3. No lighting shall be permitted which would glare from this zone onto any street or into any adjacent property.
4. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
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