1135.08 SUBDIVISION OF LOTS PROHIBITED; FEE.

   (a)   No lot located within the corporate limits of the City, regardless of when or how created, shall be reduced in dimensions or area without the approval of the Planning Commission. The resulting lot dimensions, area, and yard dimensions, if a building exists on the lot, shall be equal to or greater than those required by this Zoning Code.

   (b)   In order to be heard by the Planning Commission, a fee of $50, payable to the City for deposit in the General Fund, shall accompany the application or petition. This fee is for the purpose of defraying the costs of plan review, legal, legislation, notices, official publications required by the City and any other incurred costs and shall not be refundable even if the application is disapproved by the Planning Commission or Council.

(Ord. C9-82. Passed 3-15-82; Ord. C49-01. Passed 8-6-01.)

1135.09 PERMITTED USES; STANDARD INDUSTRIAL CLASSIFICATION MANUAL; ADOPTION BY REFERENCE.

   The permitted uses for each district are shown in the following schedule. The classification numbers refer to the classifications and their descriptions as found in the Standard Industrial Classification Manual of 1987 as prepared by the United States Government Office of Statistical Standards. The first two numbers denote a major grouping. The third number denotes the sub-grouping of the major groups and the fourth number denotes the particular activity in the sub-grouping. The schedule of permitted uses, described in the Standard Industrial Classification Manual of 1987, is hereby incorporated into the Codified Ordinances by reference, pursuant to Ohio R.C. 731.231, as fully as if set out at length herein; six copies of this Code are kept in the office of the Clerk; additional copies are available for purchase from the Clerk at cost and that schedule of uses as incorporated will not be affected by any amendments made to the Standard Industrial Classification Manual of 1987 after the effective date of Ordinance C79-74. The permitted uses are exclusive and noncumulative unless otherwise provided herein. All uses not shown herein shall be considered by the Planning Commission, and shall thereafter recommend approval or disapproval of the use to Council for final action.

(Ord. C34-05. Passed 4-18-05.)

   (a)   RESIDENTIAL AND PUD DISTRICTS (No Classification numbers used):

   In addition to the uses permitted in the A-1 Multi-Family, D-1 Doubles and Twin Singles, and D-2 Duplex Districts, any building or premise may be used or any building may be erected which is arranged, intended or designed to be used as doubles, twin singles or duplexes.

(Ord. C12-79. Passed 2-19-79.)

      SF1      Single-Family Residence

      SF2      Single-Family Residence

      SF3      Single-Family Residence

      R-1      Single-Family Residence

      R-1b      Single-Family Residence (not a sub-zoning of R-1)

      R-2      Single-Family Residence

      R-3      (modified)

      D-1      Doubles and Twin Singles and Duplex

      D-2      Zero Lot Line Doubles and Twin Singles

      A-1      Multi-Family

      A-2      Zero Lot Line Multi-Family

      A-1a

      PUD-R   Residential

      PUD-C   Commercial

      PUD-I      Industrial

      R-A      Rural (Agricultural)

      OLR      Office/Research/Laboratory

   All lots within an SF District shall comply to the minimum standards of Table 1135.10-1 and all structures shall comply with the following:

      (1)   All garages shall be end or rear load with the maximum of 900 square feet attached to the dwelling.

      (2)   All exterior surfaces shall be of natural material (brick, stone, stucco, wood) excluding the roof and overhangs.

(Ord. C9-82. Passed 3-15-92; Ord. C39-84. Passed 7-2-84; Ord. C14-87. Passed 3-16-87; Ord. C19-87. Passed 3-16-87; Ord. C1-88. Passed 2-1-88; Ord. C59-94. Passed 9-6-94; Ord. C58-19. Passed 11-4-19.)

   (b)   NONRESIDENTIAL

      (1)   PSO PROFESSIONAL SERVICES

         64XX   Insurance Agents, Brokers and Services

         65XX   Real Estate (excluding Animal Cemetery Operation)

         66XX   Combinations of Real Estate Insurance, Loans, Law Offices

         7392   Business, management, administrative and consulting services

         7393   Detective agencies and protective services

         801X   Office of Physicians and Surgeons

         802X   Office of Dentists and Dental Surgeons

         803X   Office of Osteopathic Physicians

         804X   Office of Chiropractors

         81XX   Legal Services

         861X   Business Associations

         862X   Professional Membership Organizations

         891X   Engineering and Architectural Services

         893X   Accounting Auditing and Bookkeeping Services

         899X   Services, Not Elsewhere Classified

         723X   Beauty Shops

         724X   Barber Shops

(Ord. C79-74. Passed 1-20-75; Ord. C6-87. Passed 3-2-87.)

      (1.5)   OLR OFFICE LABORATORY RESEARCH

   Within the OLR Use District, no building or premises shall be used and no building shall be erected which are arranged or intended or designed to be used for other than an office/research use approved by Council or for one or more of the following specified uses:

         60XX   Depository Institutions (excluding those with drive-in facilities)

         61XX   Nondepository Credit Institutions

         62XX   Security and Commodity Brokers, Dealers, Exchanges and Services

         63XX   Insurance Carriers

         64XX   Insurance Agents, Brokers and Services

         65XX   Real Estate (excluding animal cemetery operation)

         67XX   Holding and Other Investment Offices

(Ord. C44-95. Passed 8-7-95.)

      (2)   C-1 SERVICE COMMERCIAL

         63XX   Insurance Carriers

         54XX   Food stores, except those with gasoline sales facilities

         56XX   Apparel and Accessory Store’s

         57XX   Furniture, Home Furnishings and Equipment Stores

         5812   Eating Places, excluding those with drive-in windows and drive-thru facilities

         59XX   Miscellaneous Retail Stores except Adult Bookstores and Adult Film Video Tape Sales and/or Rental Stores as restricted by Section 1135.12(j) of this chapter.

         60XX   Banking, excluding those with drive-in facilities

         61XX   Credit Agencies Other than Banks, excluding those with drive-in facilities

         62XX   Security and Commodity Brokers, Dealers, Exchanges and Services

         67XX   Holding and Other Investment Companies

         721X   Laundries, Laundry Services and Cleaning and Dyeing Plants (except 7216, 17, 18)

         723X   Beauty Shops, including shops providing microblading and permanent makeup services but excluding tattoo parlors

         724X   Barber Shops, including shops providing microblading and permanent makeup services but excluding tattoo parlors

               (Ord. C57-19. Passed 11-4-19.)

         725X   Shoe Repair Shops, Shoe Shine Parlors, and Hat Cleaning Shops

         727X   Garment Pressing, Alteration and Repair

         73XX   Miscellaneous Business Services

         762X   Electrical Repair Shops

         763X   Watch, Clock and Jewelry Repair

      (3)   C-2 RETAIL COMMERCIAL

   Within a C-2 use district, no building or premises shall be used and no buildings shall be erected which are arranged or intended or designed to be used for other than a use permitted in PSO, Professional Services District, or C-1, Service Commercial District or for one or more of the following specified uses:

         0722   Offices of Veterinarians and Animal Hospitals (Excluding the boarding of animals not requiring medical services)

         52XX   Building Materials, Hardware, and Farm Equipment Dealers

         53XX   Retail Trade-general merchandise except Adult Bookstores and Adult Film and Video Tape Sales and/or Rental Stores as restricted by Section 1135.12(j) of this chapter

         5812   Eating places except those with drive-in windows and drive-thru facilities

         70XX   Hotels, Motels, Extended Stay Hotels, Camps and Other Lodging Places. Accommodations available for a fee except those accommodations requiring a Special Use Permit and only permitted in other specified districts

         726X   Funeral Service and Crematories

         769X   Miscellaneous Repair Shops and Related Services

         764X   Reupholsters and Furniture Repair

         78XX   Motion Picture except 7833 Drive-In Theaters and Adult Motion Picture Theaters as restricted by Section 1135.12(j) of this chapter

         79XX   Amusement and Recreational Services, except Motion Pictures and Adult Motion Picture as restricted by Section 1135.12(j) of this chapter and except 7992 (Golf Courses), 7997 (Country Clubs), 7948 (Race Tracks) and 7999 as it relates to Go Cart Raceway Operations and Miniature Golf Courses.

         - - -   Group Multi-Family Homes with accommodations for more than sixteen (16) individuals with a Special Use Permit

         824X   Miscellaneous Educational Services, except that construction equipment operation schools and all driving schools shall be limited to classroom education only. (Ord. C60-12. Passed 11-5-12.)

         8641   Fraternity or Sorority Houses with accommodations for more than sixteen (16) individuals with a Special Use Permit

         8299   Schools and Educational Services, not elsewhere classified, except that flying instruction shall be limited to classroom education only. (Ord. C60-12. Passed 11-5-12.)

      (4)   CBD-CENTRAL BUSINESS DISTRICT

   Within the CBD district, no building or premises shall be used and no buildings shall be erected which are arranged or intended or designed to be used for other than a use permitted in a:

         PSO, Professional Services.

         C-1, Service Commercial.

         C-2, Retail Commercial District.

   Single-family residential use where the structure was originally intended or designed to be used for single-family residential. (Ord. C41-11. Passed 9-6-11.)

         2082   Malt beverages - Provided that the establishment also has on-site retail sales of the beverages.

         2083   Malt - Provided that the establishment also has on-site retail sales of the beverages.

         2084   Wines, brandy and brandy spirits - Provided that the establishment also has on- site retail sales of the beverages. (Ord. C60-11. Passed 11-21-11.)

         8231   Libraries.

         8412   Museums and art galleries.

         91XX   Executive, legislative, and general government, except finance.

         92XX   Justice, public order, and safety. (Ord. C26-15. Passed 4-20-15.)

      (5)   M-1 MEDICAL

         80XX   Medical and Other Health Services

         867X   Charitable Organizations

      (6)   SD-1 EDUCATIONAL

         82XX   Educational Services

         84XX   Museums, Art Galleries, Botanical and Zoological Gardens

         866X   Religious Organizations

         892X   Nonprofit Educational and Scientific Research Agencies

      (7)   SD-2 SERVICE

         863X   Labor Unions and Similar Labor Organizations

         864X   Civic, Social and Fraternal Associations

         865X   Political Organizations

         869X   Nonprofit Membership Organizations Not Elsewhere Classified

      (8)   SD-3 RECREATIONAL FACILITIES

         78XX   Motion Pictures except Adult Motion Pictures as restricted by Section 1135.12(j) of this chapter

         79XX   Amusement and Recreation Services, Except Motion Pictures and Adult Motion Picture Theaters and Adult Bookstores as restricted by Section 1135.12(j) of this chapter

         Parks, recreation fields, playgrounds and other civic/public uses

         Municipal or other public administrative facilities (Ord. C75-16. Passed 09-19-16.)

      (9)   SD-4 MISCELLANEOUS

         49XX   Electric, Gas and Sanitary Services

         48XX   Communication

         2833   Medicinal Chemicals and Botanical Products

         2834   Pharmaceutical Preparations

         2891   Adhesives and Sealants

         07XX   Agricultural Services, Except Animal Husbandry and Horticultural Services (except 0719)

      (10)   IND-1 LIGHT INDUSTRY

         15XX   Building Construction - General Contractors

         16XX   Construction Other Than Building Construction - General Contractors

         17XX   Construction - Special Trade Contractors

         4215   Courier Services, except by air

         422X   Public Warehousing and Storage

         47XX   Transportation Services (except 473, 474)

         50XX   Wholesale Trade (except 5052, 5093)

         202X   Dairy Products

         205X   Bakery Products

         2064   Candy and Other Confectionery Products

         2066   Chocolate and Cocoa Products

         2067   Chewing Gum

         2068   Salted Nuts and Seeds

         208X   Beverages

         25XX   Furniture and Fixtures

         27XX   Printing, Publishing and Allied Industries

         3594   Fluid Power Pumps and Motors

         3674   Semiconductors and Related Devices

         3713   Truck and Bus Bodies

         3714   Motor Vehicle Parts and Accessories (Ord. C92-16. Passed 11-21-16.)

         38XX   Professional, Scientific, and Controlling Instruments; Photographic and Optical Goods; Watches and Clocks

         39XX   Miscellaneous Manufacturing Industries

         7216   Dry Cleaning and Dyeing Plants, except Rug Cleaners

         7217   Rug Cleaning and Repairing Plants

         7218   Industrial Launderers

         8731   Research and Development, Physical and Biological: Commercial

         8734   Testing Laboratories

      (11)   IND-2 HEAVY INDUSTRY

   Within an IND-2 use district, no building or premises shall be used and no buildings shall be erected which are arranged or intended or designed to be used for other than a use permitted in IND-1, Light Industry, or for one or more of the following specified uses:

         203X   Canned and Preserved Fruit, Vegetable and Sea Foods

         204X   Grain Mill Products (except 2047, 2048)

         209X   Miscellaneous Food Preparation and Kindred Products

         22XX   Textile Mill Products

         23XX   Apparel and Other Finished Products made from Fabrics and Similar Materials

         24XX   Lumber and Wood Products (except 241X)

         26XX   Paper and Allied Products (except 2611, 2621, 2631)

         30XX   Rubber and Miscellaneous Plastic Products

         31XX   Leather and Leather Products (except 3111)

         32XX   Stone, Clay, Glass and Concrete Products

         33XX   Primary Metal Industries (except 3312)

         34XX   Fabricated Metal Products, Except Ordnance, Machinery and Transportation Equipment

         35XX   Machinery, Except Electrical

         36XX   Electrical Machinery, Equipment and Supplies

         37XX   Transportation Equipment (except 374X)

(Ord. C37-95, Passed 7-5-95)

      (11.5)   IND-3 TRANSPORTATION INDUSTRY

         4011   Railroad Line-Haul Operating

         4013   Switching and Terminal Establishments

         4111   Local and Suburban Transit

         4119   Local Passenger Transportation

         4121   Taxicabs

         4141   Local Bus Charter Service

         4142   Bus Charter Service - not local

         4151   School Buses

         4173   Terminal and Service Facilities for Motor Vehicle Passenger Transportation

         4212   Local Trucking Without Storage

         4213   Trucking, except local

         4214   Local Trucking with Storage

         4231   Terminal and Joint Maintenance Facilities for Motor Freight Transportation

(Ord. C2-88. Passed 2-1-88.)

      (11.75)   CF COMMUNITY FACILITIES

         (a)   Within the CF District buildings or lands shall be utilized only for the uses set forth below:

            (1)   Municipal or other public administrative buildings.

            (2)   Memorials, monuments, cemeteries

            (3)   Police and/or fire stations

            (4)   Telephone stations

            (5)   Radio and TV antennas and antenna towers, subject to the requirements of Section 1137.15

            (6)   Parks subject to the requirements of Section 1137.14, recreation fields and playgrounds.

         (b)   In addition to the material required for application for a zoning amendment, an area development plan shall be submitted for any land proposed to be zoned into the CF District. Such development plan shall include a site plan for the proposed facility, as well as any other information deemed necessary to determine compliance with this Zoning Code. The development plan shall be reviewed by the Planning Commission and considered in making its recommendation to Council. The Commission may hold a public hearing on the development plan. Criteria for reviewing a development plan for a public facility are as follows:

            (1)   The proposed building or use shall be located properly in accordance with the Zoning Code.

            (2)   The location, design and operation of the public facility shall cause minimum impact on surrounding residential neighborhoods.

            (3)   The proposed development shall comply with all parking, landscaping and signage requirements of the Zoning Code.

         (c)   In approving the redistricting of land into the CF District, Council may specify appropriate conditions and safeguards applying to the specific proposed facility.

(Ord. C69-89. Passed 10-16-89.)

      (12)   SPECIAL USE PERMITS.

         A.   An applicant requesting a Special Use Permit shall file a request for a hearing before the Planning Commission. In order to be heard by Planning Commission, a fee of $100, payable to the City for deposit in the General Fund, shall accompany the request. This fee is for the purpose of defraying the costs of plan review, legal, legislation, notices, official publications required by the City and any other incurred costs and shall not be refundable even though the application is disapproved by the Planning Commission or Council. The Commission, after hearing and consideration of such request, shall forward its findings and recommendations to Council for final approval or disapproval, by ordinance, of the request.

(Ord. C17-85. Passed 3-18-85; Ord. C49-01. Passed 8-6-01; Ord. C27-03. Passed 4-21-03.)

            1.   Within the City, no buildings or premises shall be used and no buildings shall be erected which are arranged, intended or designed to be used for the following specified uses except in a C-1, C-2, IND-1, IND-2, IND-3, CBD, PUD-C or PUD-I use district, except as noted below, and with a Special Use Permit:

               a.   Adult Bookstore/Adult Novelty Store, and as stipulated in subsection G.5. hereof. (Ord. C24-06. Passed 5-1-06; Ord. C58-09. Passed 9-8-09.)

               b.   Adult Motion Picture Theater, and as stipulated in subsection G.5. hereof. (Ord. C58-09. Passed 9-8-09.)

               c.   Adult Film and Video Tape Sales and/or Rental Store, and as stipulated in subsection G.5. hereof. (Ord. C58-09. Passed 9-8-09.)

               d.   Adult Entertainment Establishments, and as stipulated in subsection G.5. hereof. (Ord. C24-06. Passed 5-1-06; Ord. C58-09. Passed 9-8-09.)

               e.   Automotive Dealers.

               f.   Automobile and other motor vehicle repair, services and garages.

               g.   Dealers in new and used motorcycle, motorized bicycle, and tricycle and off-road motorized recreational vehicles (not exceeding 10 foot in length and not including motor homes), snowmobiles and their parts and accessories and including repair services thereto.

               h.   Gasoline Service Stations as defined by the Standard Industrial Classification Manual, 1987, and as stipulated in subsection G.1. hereof. (Ord. C58-09. Passed 9-8-09.)

               i.   Car wash establishments.

               j.   Uses with drive-in windows or drive-thru facilities as stipulated in subsection G.2. hereof. (Ord. C58-09. Passed 9-8-09.)

               k.   Pet shops for the selling, grooming or training of animals except boarding of animals overnight or for longer periods of time.

               l.   Dog Kennels.

               m.   Catteries.

               n.   Outdoor concerts, in compliance with the provisions of Chapter 729.

               o.   Sale, rental, barter or trade of weapons and/or explosives as defined in Ohio R.C. 2923.11 and as stipulated in subsection G. hereof. (Ord. C3-96. Passed 2-5-96.)

               p.   Day care centers (Ord. C73-00. Passed 9-5-00.)

               q.   Mini/self storage units, and as stipulated in subsection G.4. hereof. (Ord. C27-03. Passed 4-21-03; Ord. C58-09. Passed 9-8-09.)

               r.   Outdoor sales, storage, display and as stipulated in subsection G. hereof. (Ord. C27-03. Passed 4-21-03.)

                  1.   Temporary seasonal sales lasting not more than 30 days shall be exempt from this provision with the issuance of a Peddler’s Permit. (Ord. C68-11. Passed 12-19-11.)

               s.   Outdoor seating associated with eating and drinking establishments. (Ord. C27-03. Passed 4-21-03.)

               t.   Retail dispensing of medical and recreational marijuana. (Ord. C32-24. Passed 8-19-24.)

            2.   Within the City, no building or premises shall be used and no buildings shall be erected which are arranged, intended or designed to be used for the following specified uses except in the district specified below and with a Special use Permit:

               a.   Boarding houses - In all SF and R Districts in compliance with all of the requirements set forth in subsection G.9. below.

               b.   Bed and breakfast inns - In all SF and R Districts in compliance with all requirements set forth in subsection G.9. below.

               c.   Group family homes - In all SF and R Districts in compliance with all of the requirements of subsection G.6. below.

               d.   Group multi-family homes for up to 16 individuals - In all A Districts in compliance with all of the requirements set forth in subsection G.6. below.

               e.   Group multi-family homes for more than 16 individuals - In the C-2 District in compliance with all of the requirements set forth in subsection G.6. below.

               f.   Fraternity and sorority houses for up to 16 individuals - In all A Districts in compliance with all of the requirements set forth in subsection G.9. below.

               g.   Fraternity and sorority houses for more than 16 individuals - In the C-2 District in compliance with all of the requirements set forth in subsection G.9. below.

            3.   A Special Use Permit, issued according to the provisions of the Zoning Code, shall be required for any radio and/or television antenna or antenna tower erected within the City. Such antenna or antenna tower may be located in any zoning district with a Special Use Permit. (Ord. C58-09. Passed 9-8-09; Ord. C24-24. Passed 6-17-24.)

         B.   Standards and Requirements. In review of a special use permit application the Planning Commission shall consider whether the application is complete and whether it provides adequate evidence that the proposed special use is consistent with the following standards:

            1.   The proposed use shall be in harmony with the existing or intended character of the district and nearby affected districts and shall not change the essential character of the districts;

            2.   The proposed use shall not adversely affect the use of adjacent property;

            3.   The proposed use shall not adversely affect the health, safety, morals, or welfare of persons residing or working in the neighborhood;

            4.   The proposed use shall be served adequately by public facilities and services such as, but not limited to, roads, police and fire protection, storm water facilities, water, sanitary sewer, and school;

            5.   The proposed use shall not impose a traffic impact upon the public right-of- way significantly different from that anticipated from permitted uses of the district;

            6.   The proposed use shall be in accord with the general and specific objectives, and the purpose and intent of this Zoning Code and the Land Use Plan and any other plans and ordinances of the City;

            7.   The proposed use complies with the applicable specific provisions and standards of this Code;

            8.   The proposed use shall be found to meet the definition and intent of a use specifically listed as a special use in the district in which it is proposed to be located.

            9.   A completed application indicating the Specific Special Use permit activity intended by the applicant shall be submitted to the Department of Development by the Council approved submittal dates.

         C.   Application Process. Any owner, agent of the owner, or lessee of a lot for which a Special Use Permit is proposed shall submit an application to the Planning Commission and Council. An application for a Special Use Permit shall be submitted in writing on forms provided by the Development Department and shall include the following:

            1.   Completed application form;

            2.   Name, address, and phone number of the lot owner and of the owner's designated agent;

            3.   Legal description of the lot;

            4.   Zoning classification of the lot;

            5.   Description of the existing use of the lot and of adjacent lots; A plan of the proposed site and improvements showing the proposed of all structures, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping, and relevant features;

            6.   The application shall also include a description of the activities proposed on the site, including the goods and services, hours of operation, anticipated number of employees, nature and volume of delivery activity, and other information which will enable the Planning Commission to understand the nature of the proposed use and its potential impacts. Furthermore, the narrative shall discuss the effects on adjoining lots of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water, and any measures proposed to mitigate such effects;

            7.   Such other information as the Planning Commission or Council deems necessary to make a determination of the compliance of the proposed use with the applicable standards and regulations. Such additional information may include, but shall not be limited to:

               a.   Traffic impact analysis;

               b.   Storm water impact analysis;

               c.   Utility impact analysis.

            8.   The Planning Commission may determine that additional studies or expert advice are necessary to evaluate a proposed special exception relative to the requirements of this Code. The Planning Commission shall advise the applicant if such studies or advice are required. The Planning Commission shall determine whether to accept he required studies as prepared by qualified professionals engaged by the applicant or to require the applicant to deposit funds with the City as required to pay for such studies.

         D.   Action by the Planning Commission.

            1.   The Planning Commission may request additional information it deems necessary to review the application for conformance with the standards and requirements applicable to the proposed Special Use Permit.

            2.   The Planning Commission shall act upon the application within sixty (60) days after submittal unless a continuance of review is requested by the applicant. The Commission shall, after review of the application and any additional information presented, take action to:

               a.   Recommend approval, approval with modifications, or denial to Council of the Special Use Permit, based upon findings of compliance with the standards and requirements of this Code and subject to conditions established by the Planning Commission to ensure compliance with the letter and intent of this Code.

         E.   Conditions of Approval. In approving a Special Use Permit, the Planning Commission may impose such conditions as it deems necessary to protect the public welfare, preserve the purpose and intent of this section, to protect the character of the surrounding properties and neighborhood affected by the proposed use, and to mitigate the special impacts of the use. Such conditions may include, but shall not be limited to:

            1.   Locations, setbacks, and configurations of structures and of uses of interior and exterior space;

            2.   Screening comprised of landscaping, walls, fencing or other materials or construction;

            3.   Access points and traffic management provisions, including those impacting vehicular and pedestrian access, and the locations and design of parking facilities;

            4.   Noise control measures, including those regulating loudspeakers or irregular vehicular or equipment noise;

            5.   Other features of construction, including but not limited to paving and parking, signs, and landscaping;

            6.   Hours and methods of operation;

            7.   Maintenance of the site, structures, and landscaping;

            8.   Means of controlling glare, vibration, odors, dust, smoke, hazardous materials, refuse matter, water-carried waste, and storm water;

            9.   A time limit for operation of the use, if temporary operation is determined to be a typical characteristic or the proposed use or otherwise appropriate given unique circumstances of the proposed use.

         F.   Approval, Revocation and Amendment of a Special Use Permit.

            1.   Approval. Subsequent to approval by the Planning Commission, and compliance with all applicable conditions of such approval and of this Zoning Code, Council may approve a Special Use Permit with conditions as part of the approval process.

            2.   Revocation. Approval of a Special Use Permit shall become null and void if:

               a.   The applicant does not commence the construction or operation of the special use activity within six (6) months of the date of the approval; or

               b.   When the activity for which the Special Use Permit was approved for ceases for a period of six (6) months; or

               c.   When the characteristic equipment an d furnishing of the special use have been removed from the premises and have not been replaced by similar equipment within ninety (90) days, unless other facts show intention to resume the special use; or

               d.   There is activity that violates any condition(s) of the approval.

               e.   When such special use has been replaced by a conforming use.

      The Chief Building and Zoning Official shall notify the property owner if a special use is determined to be operating in violation of any condition of its approval. The property owner shall discontinue such violation upon receipt of the notice.

            3.   Amendment of Conditions. The owner of a property for which a Special Use Permit has been approved may request amendment of the conditions of approval. Amendment shall be accomplished according to the procedures, requirements, and standards of this ordinance applicable to approval of a new Special Use Permit.

         G.   Supplementary Requirements. In addition to the other requirements of this chapter, the following requirements shall be met. The Planning Commission and Council may vary any requirements it determines to be an unnecessary hardship on the property owner and in the best interest of the City.

            1.   Gasoline station, alternative fuel station and automotive repair shops. In addition to the provisions found in B. of this section, the following regulations shall apply:

               a.   Parking of employee vehicles, vehicles used in the operation of the business, vehicles awaiting servicing or return to customers after servicing, and vehicles held for disposal shall only be permitted in the locations approved on the site plan.

               b.   Vehicle sales, rental, or leasing shall not be permitted on the site unless specifically approved.

               c.   Outdoor repair, preparation, cleaning, assembly, disassembly, of vehicles shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved by the Board. Retail sales of products other than vehicular fuels shall be permitted only within an enclosed structure, which shall comply with all provisions of the district, including requirements for parking. Outdoor display, storage, or sale of good shall not be permitted on the site unless specifically approved as a condition of the Special Use Permit and in conformance with the supplementary standard for outdoor display, storage, and sale, temporary outdoor storage of discarded materials, vehicle parts, scrap and other waste prior to collection shall only be permitted within a storage area completely surrounded by a gated masonry wall six (6) feet in height or other screening approved by the Planning Commission. Such screening shall be set back from residential districts at least six (6) feet and landscaped according to the approved site plan.

               d.   Fuel pumps and canopies shall conform to all requirements of this section with regard to height, setbacks, and signs.

               e.   Air compressor pumps (e.g., for tire inflation) and other outdoor equipment shall be identified on the site plan and shall be located in a manner which minimizes noise impacts on residential areas.

            2.   Drive-thru service. In addition to the provisions found in B. of this section, the following regulations shall apply:

               a.   Loudspeakers shall be located and designed, with volume and hours of operation controlled, in a manner to minimize noise impacts on nearby residential uses.

               b.   Lanes required for vehicle access to and waiting for use of a drive thru facility shall be designed to have sufficient length to accommodate the peak number of vehicles projected to use the facility at any one time, to provide escape/abort lanes for vehicles desiring to leave the stacking lanes or to avoid disabled vehicles, and to minimize impacts on the use of other required parking or drives or on the use of abutting streets and hazards to pedestrians. The applicant shall provide a traffic study which documents to the satisfaction of the Planning Commission the projected vehicular use of the proposed facilities and evidence of compliance with the provisions of this Zoning Ordinance.

               c.   The Planning Commission may impose restrictions on the hours of operation in order to reduce inappropriate impacts on abutting uses and on street traffic and to ensure compatibility with normal vehicular activity in the district.

               d.   The applicant shall so design the site plan or otherwise provide assurances as to reduce the impacts of lighting, litter, noise, and exhaust resulting from the facility, especially impacts on nearby residential uses.

            3.   Outdoor sales, storage, display. In addition to the provisions found in B. of this section, the following regulations shall apply:

               a.   Outdoor sales, storage, or display shall only be permitted in areas identified on the approved site plan. No such activity shall be located closer than fifty feet to a residential zoning district boundary or road right- of-way abutting any residential zoning district or within ten feet of any road right-of-way. Such activities shall not occupy any required parking area or driveway;

               b.   Any outdoor sales, storage, or display area located closer than one hundred feet to a residential district shall, if determined to be visible from such district, be screened by a landscape buffer strip or other means indicated on the approved site plan;

               c.   Illumination of outdoor sales, storage, or display areas shall be designed to prevent glare or direct light from the illumination source into residential areas;

               d.   Outdoor displays shall be maintained in a neat and orderly fashion;

               e.   Signage for outdoor stales or displays shall comply with Chapter 1145 or if located in the H.P.A., Chapter 1138;

               f.   The site plan submitted with an application for a Special Use Permit shall indicate the types of merchandise to be displayed and, if applicable, any seasonal changes of display;

            4.   Mini/Self storage facility. In addition to the provisions found in B. of this section, the following regulations shall apply:

               a.   All storage shall be within an enclosed building unless the nature and location of outdoor storage has been specifically approved by Council in conformance with the supplementary regulations for outdoor sales, storage, or display;

               b.   Loading and unloading areas shall be paved and shall be located only as approved by Council;

               c.   A minimum of five parking spaces shall be provided near the leasing office. Sufficient space shall be provided in the paved lanes serving the storage units to accommodate on-site movement of vehicles and the parking and loading/unloading of the trucks, vans, trailers, and automobiles of persons using the units;

               d.   An on-site leasing office shall be provided;

               e.   Fencing of the perimeter shall be provided as determined by the Planning Commission in a manner which promotes security and presents an appropriate appearance to abutting properties;

               f.   Storage facilities shall maintain not less than the minimum building, fire, health and safety standards of the State of Ohio and the City and the regulations applicable to such facilities. The facility shall provide an approved emergency alert system with a dedicated telephone line monitored by an independent agency. No storage facility shall be occupied until a certificate of occupancy has been issued by the City. The facility shall be subject to inspection as provided by Section 1511.09 of the Codified Ordinances;

               g.   Door openings facing residential areas shall not be permitted unless approved by the Council;

               h.   Activities on the site shall be limited to the storage of property only. Other activities, such as the operation of tools, rummage sales, temporary residency, shall be prohibited;

               i.   Hours of operation shall only be as approved by the Council, after consideration of the impact of the proposed use upon the character, safety, and tranquility of the neighborhood.

            5.   Adult bookstore/adult novelty store, adult motion picture theater, adult video store, adult entertainment establishments. In addition to the provisions found in subsection B. of this section, the following regulations shall apply:

               a.   No such special use shall be conducted within one thousand (1,000) feet of the property line of any church, day care facility, public or private school, library, public park lands, or any premises that sell or distribute alcoholic beverages. (Ord. C24-06. Passed 5-1-06.)

            6.   Group Family Home and Group Multi-Family Home.

               a.   Purposes: The purpose of this subsection G.6. is to promote a greater choice of noninstitutional housing opportunities for potential facility residents; to avoid a high concentration of care facilities; to establish the suitability of the requested use at the proposed location; and to protect the health, safety and welfare of this community.

               b.   Special Use Permits - Group Family Homes and Group Multi-Family Homes are permitted in the districts identified in Section 1135.09(b)(12)A. only if such uses comply with the approval procedures relating to special use permits as specified in Section 1135.09(b)(12). A special use permit shall not be required for any facility that is licensed as an “adult care facility” under ORC Chapter 3722.

               c.   Compliance - Group Family Homes and Group Multi-Family Homes shall comply with the following conditions:

                  1.   Licensing: Group family homes or group multi-family homes shall not be permitted to be constructed or operated until the owner, agency, organization or institution owning, operating or supervising such facilities shows to the satisfaction of the Planning Commission that the facility and its operation complies with all licensing requirements of the appropriate state agency.

                  2.   Building, Fire, Health and Safety Standards: Each group family home or group multi-family home shall maintain not less than the minimum building, fire, health and safety standards of the State of Ohio and the City and the regulations applicable to such facilities. Each group family home or group multi-family home shall provide an approved emergency alert system with a dedicated telephone line monitored by an independent agency. No group family home or group multi-family home shall be occupied until a certificate of occupancy has been issued by the City. The facility shall be subject to inspection as provided by Section 1511.09 of the Codified Ordinances.

                  3.   Dispersal: In order to prevent the creation of a defacto social services district and to avoid unreasonable concentration of group family homes or group multi-family homes, the city and the Planning Commission shall exercise care to assure such facilities do not exceed the limited capacity of this community's existing social structure to accommodate such facilities and to avoid an over concentration which may inadvertently recreate an institutional setting. No group family home or group multi-family home shall be permitted if it is determined that the establishing of a new facility or the expansion of an existing facility would increase the number of persons living in a group care facility to a number exceeding .15 percent of the entire population of the City as determined by the most recent United States Bureau of Census figures. No group family home or group multi-family home shall be located within five hundred feet of another such facility.

                  4.   Notice: Before the approval of a group family home or group multi- family home is granted by a Special Use Permit ordinance, Council shall hold a public hearing thereon and written notice of such public hearing shall be mailed by the Clerk of Council by regular mail at least thirty days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such planned facility to the addresses of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list as supplied by the applicant for such permit. However, the failure of delivery of such notice shall not invalidate any such ordinance.

                  5.   Penalty: See Section 1131.99 for the general Zoning Code penalty.

(Ord. C80-86. Passed 12-15-86; Ord. C78-08. Passed 8-4-08.)

            7.   No permit for the sale, rental, bartering or trading of weapons and/or explosives shall be granted unless:

               a.   It shall be a minimum of five hundred feet from a residential district;

               b.   It shall be a minimum of fifty feet from a business or structure that is used to store, sell or distribute any flammable material as defined in Section F 201 of the Ohio Fire Code;

               c.   It shall be located in a building with no other use; and

               d.   The building shall be separated from any other structure by a distance of no less than thirty feet and no closer to any abutting lot than six feet.

(Ord. C31-92. Passed 5-14-92; Ord. C34-93. Passed 5-3-93.)

            8.   Boarding House, Bed and Breakfast Inn and Fraternity or Sorority House Uses.

               a.   Purposes: The purpose of this subsection is to establish the suitability of the requested use at the proposed location and to protect the health, safety and welfare of this community.

               b.   Special Use Permits: Boarding houses, bed and breakfast inns, and fraternity and sorority houses are permitted in the districts identified in Section 1135.09(b)(12)A. only if such uses comply with the approval procedures relating to Special Use Permits as specified in Section 1135.09(b)(12) and in addition complies with the following conditions:

                  1.   Licensing: Boarding houses, bed and breakfast inns, and fraternity or sorority houses shall not be permitted to be constructed or operated until the owner, agency, organization or institution owning, operating or supervising such facility shows to the satisfaction of the Planning Commission that the facility and its operation complies with all licensing requirements of the appropriate State agency, if any.

                  2.   Building, fire, health and safety standards: Each boarding house, bed and breakfast inn, and fraternity or sorority house shall maintain not less than the minimum building, fire health and safety standards of the State of Ohio and the City and the regulations applicable to such facility. No boarding house, bed and breakfast inn, and fraternity or sorority house shall be occupied until a Certificate of Occupancy has been issued by the City. The facility shall be subject to inspections as provided by Section 1511.09 of this code.

                  3.   Notice: Before the approval of a boarding house, bed and breakfast inn, or fraternity or sorority house is granted by a Special Use Permit ordinance, Council shall hold a public hearing thereon and written notice of such public hearing shall be mailed by the Clerk of Council by regular mail at least thirty (30) days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such planned facility to the addresses of such owners appearing on the County Auditor’s current tax list or the County Treasurer’s mailing list as supplied by the applicant for such permit. However, failure of delivery of such notice shall not invalidate any such ordinance.

                  4.   Penalty: See Section 1131.99 for the general Zoning Code Penalty.

            9.   Retail Dispensing of Medical and Recreational Marijuana. In addition to the provisions found in B. of this Section, the following regulations shall apply:

               a.   Any retailer of medical and/or recreational marijuana shall be required to obtain all necessary permits and/or licenses from the State of Ohio Department of Commerce.

               b.   A special use permit for medical and/or recreational marijuana shall only be permitted in the following zoning districts: C-1, C-2, IND-1, IND-2, IND-3, PUD-C or PUD-1. A special use permit for medical and/or recreational marijuana shall not be permitted in Central Business District.

                c.   No medical and/or recreational marijuana retailer shall be located within 500 feet, measured from the boundaries of the parcel, of an opioid treatment center, residential use, church, public library, public playground, public park, school, or child care facility

               d.   There shall be no outdoor sales or storage of any kind associated with the marijuana business.

               e.   The use of marijuana products shall be prohibited on the premises.

               f.   No free samples may be given out by the retailer.

               g.   A medical and/or recreational marijuana retailer shall not be permitted to use amplified music that is audible outside of the primary structure.

               h.   Food trucks are prohibited on the premises.

               i.   No merchandise or pictures of products shall be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of the primary structure.

               j.   Exterior signage shall be limited to words only and no depictions of marijuana or any of its derivative related products. Multi-light and flashing signs are also prohibited.

               k.   No colored or flashing interior lights.

               l.   Loading areas and loading docks shall be located on the side or rear of the lot, and shall be screened by solid, decorative walls.

               m.   Hours of operation shall be limited to the hours between 7:00 am and 9:00 pm.

               n.   All entrances to the premises shall be locked at all times with entry controlled by the permittee's managers and staff. All points of ingress and egress to a premises shall ensure the use of commercial-grade, nonresidential door and/or window locks.

               o.   No loitering signs shall be posted on the exterior of the premises.

               p.   The premises shall be equipped with a functional audible interior and exterior security alarm system installed on all perimeter entry points and perimeter windows.

               q.   24-hour fixed-camera video surveillance shall be required at all commercial marijuana facilities and digital storage in the cloud or other off-site method of recordings shall be available for 30 days after recording. Further, that recording is of a sufficient quality to provide identification of any individual being recorded; that the surveillance covers every interior area, excluding rest rooms or other areas with an expectation of privacy, and room and adjacent perimeter areas within a minimum of 50 feet.

               r.   Drive-in, drive-through or walk-up window where retail sales of marijuana or marijuana products are sold to persons or persons within or about a motor vehicle are prohibited.

               s.   No person under the age of 21 shall be permitted to purchase marijuana related products, work or volunteer at an establishment.

               t.   Special Use Permits for retail marijuana sales shall be limited to two (2) within the corporate limits of the city and shall be valid for one year from the date of issue and may be renewed.

               u.   Retailers shall post in a conspicuous place a marijuana use safety notice to include, but not limited to, the following:

                  1.   How to report an overdose.

                  2.   Prevention tips on illicit drug use.

                  3.   Keeping marijuana and other drugs away from minors.

                v.   Individuals between 18 - 21 are permitted to enter and purchase medical marijuana with an Ohio State Driver's License or State ID and a State issued Ohio Medical Marijuana Card.

            (Ord. C58-09. Passed 9-8-09; Ord.C32-24. Passed 8-19-24.)

      (13)   ABANDONMENT OF SPECIAL USE. (Editor's note: Division (13) Abandonment of Special Use, was repealed by Ord. C27-03, passed 4-21-03.)

      (14)   HISTORICAL PRESERVATION AREA.

   Properties facing on Broadway from Southwest Boulevard south to approximately 341 feet south of Woodlawn Avenue, from the Baltimore and Ohio Railroad tracks east to Haughn Road on Park Street and from Broadway east to Haughn Road on Columbus Street are hereby declared to be the Historical Preservation Area.

         A.   Within these designated areas, there shall be no parking areas established or parking of motor vehicles between the street right-of-way and the building set-back line.

         B.   Existing driveways and parking areas legally constructed in accordance with the City's ordinances and Codified Ordinances prior to the effective date of this subsection are excepted from subsection A. hereof.

         C.   Where there is a change of use, occupancy or occupant of an existing building with a parking area between the street and building set-back line, the new user or occupant shall conform to Chapter 1136.

         D.   Plans for all new construction of buildings, parking areas, building rehabilitation, remodeling, exterior alteration or modification within this designated area shall be submitted to the Planning Commission and approved by Council, unless otherwise provided in Chapter 1138. All plans shall be based on criteria defined by the Commission and Council. (Ord. C49-10. Passed 8-16-10.)

         E.   The erection or parking of temporary structures, including but not limited to, trailers, tents, shelters, lean-tos, or stands shall be prohibited in the area between the street right-of-way and the building set-back line.

      (15)   CULTIVATION, PROCESSING, OR RETAIL DISPENSING OF MEDICAL MARIJUANA PROHIBITED IN ALL DISTRICTS. (Editor's note: Division (15) Cultivation, Processing, or Retail Dispensing of Medical Marijuana Prohibited in All Districts, was repealed by Ord. C12-24, passed 3-18-24.)

(Ord. C59-86. Passed 9-15-86; Ord. C38-04. Passed 5-3-04; Ord. C09-05. Passed 2-22-05; Ord. C24-06. Passed 5-1-06; Ord. C78-08. Passed 8-4-08; Ord. C12-24. Passed 3-18-24.)

1135.10 RESIDENTIAL DISTRICT REQUIREMENTS.

   (a)   In SF-1, SF-2, SF-3, R-1, R-1b and R-2 Districts, the covered parking requirements shall be met by the use of attached or detached garages located behind the established building line. One-half of the required open parking spaces in D-1 and D-2 Districts may be in front of the building line, except that where lots front on streets where onlot turnarounds are required (see Section 1137.06(o)), all of the required parking shall be behind the building line. In A-1 Districts, the required parking shall be behind the established building lines, except that where an A-2 District has been approved as a conditional use in an A-1 District, the parking shall be in accordance with the requirements of Section 1135.15.

      In SF-1, SF-2, SF-3, R-1, R-1b and R-2, and D-1 and D-2 Districts, driveways and parking spaces shall be paved with asphalt or Portland cement concrete. All attached garages shall be constructed of the same material and have the same exterior finish as the building to which they are attached. Detached garages shall be of frame or masonry construction and they shall have the same exterior finish and be of the same color as the main building located in and on the same lot unless otherwise approved by the Planning Commission.

      In all single-family residentially zoned districts, unless specified in an approved zoning text or approved development text, the maximum size of a detached garage shall be 700 square feet outside dimensions. The maximum size of an attached garage shall be 900 square feet outside dimensions. The overall maximum amount of garage space shall be 900 square feet. (Ord. C33-14. Passed 7-7-14; Ord. C58-19. Passed 11-4-19.)

      In A-1, D-1 and D-2 Districts, the maximum size of attached garages shall be subject to the approval of the Commission.

(Ord. C33-87. Passed 5-4-87; Ord. C37-92. Passed 5-18-92; Ord. C59-94. Passed 9-6-94.)

   (b)   On cul-de-sacs and on curbed streets, the minimum lot width, chord measurement, at the street right-of-way line shall be as follows:

District	Feet
R-1	54
R-2	40
R-3	40
D-1	44
D-2	22
A-1	45
A-2	see Section 1135.15
SF-1	78
SF-2	65
SF-3	58

 

      The minimum width at the building line shall be as shown in Table 1135.10-I.

   (c)   In SF-1, SF-2, SF-3, R-1, R-1b, R-2 and R-3, D-1 and D-2 Districts, the lots shall have frontage on a public street and unless otherwise approved by the Planning Commission, the front of the building shall face the public street. In A-1 Districts where more than one building is located on the lot or project site, access to the public street shall be by means of private drives.

   (d)   On corner lots, the building line on both streets shall be equal to or greater than the minimum shown in Table 1135.10-I.

(Ord. C10-82. Passed 3-15-82; Ord. C59-94. Passed 9-6-94.)

   (e)   In areas or districts approved for SF-1, SF-2, SF-3, R-1, R-1b, R-2, D-1 and D-2 development, no contiguous parcel shall have structures with the same exterior appearance in design, color, style or overall appearance. Should the builder or developer disagree with the decision of the Building Official concerning this matter, they may appeal to the Board of Zoning Appeals.

      (1)   Exterior concrete or poured foundation walls exposed above grade shall be finished with brick, brick veneer, stone, cultured stone, stucco or a material approved by the Chief Building and Zoning Official. Materials shall be installed per the residential building code.

      (2)   Additions to existing structures, in cases where the lineal footage of a foundation exceeds fifty percent (50%) of the existing exposed foundation, the entire new and existing exposed foundation shall meet the above requirement.

   (Ord. C34-87. Passed 5-4-87; Ord. C86-98. Passed 11-16-98; Ord. C60-18. Passed 11-19-18.)

   (f)   Projects in A-1 Districts that abut R-1, R-2 or R-3 zoning shall have no buildings constructed closer than sixty feet to the project boundary. Projects in A-1 Districts that abut D-1 or D-2 zoning shall have no building constructed closer than thirty feet to the project boundary. The relation of the buildings to the project boundary for projects in A-1 Districts that abut zoning other than R-1, R-2, R-3, D-1 or D-2 shall be as approved by the Planning Commission and Council.

(Ord. C10-82. Passed 3-15-82.)

   (g)   In all A-1 Districts the following regulations shall apply:

      (1)   A maximum of eight units per acre.

      (2)   A maximum of eight units per structure. Any structure over four units shall be required to have a two hour fire resistant fire wall separating a maximum of four units. Such fire wall shall be per requirements of Ohio Basic Building Code.

(Ord. C58-93. Passed 8-2-93.)

      (3)   A minimum distance of twenty feet between structures.

      (4)   A minimum of fifty percent (50%) of the total units of a project or development shall be of single-floor (ranch) design. This section shall not apply to PUD-R zoning which exists now or in the future.

      (5)   A minimum of two open parking spaces for each unit of each building.

      (6)   The living area may be on one floor at ground level or on two floors both of which are above ground level or with the bottom floor not more than three feet below ground level.

      (7)   Units with basements of 300 square feet or more that shall be used as storage, mechanical and laundry, the livable square footage shall not be less than 650 square feet for single bedroom unit and 800 square feet for a two bedroom unit excluding basement area. For units without basements, the livable square footage shall be 700 square feet for a one bedroom unit and 850 square feet for a two bedroom unit. There shall not be less than 125 square feet of livable space for each additional bedroom.

      (8)   The final development plan for an apartment project or development shall include the design for all exterior facades of each building and the site location of each building and shall be submitted to the Planning Commission and Council for their approval.

(Ord. C19-87. Passed 3-16-87; Ord. C125-88. Passed 1-16-89.)

      (9)   All acreage in the designated flood way, as defined in Chapter 1329 of the Codified Ordinances, shall be excluded from calculating the unit density.

      (10)   The exterior facade shall consist of a minimum of seventy-five percent (75%) brick, stone and/or stucco.

   (h)   In all A-2, D-1 and D-2 Districts, each dwelling unit shall have one covered parking garage of at least 240 square feet (twelve by twenty feet). Each garage shall be attached and directly adjoining the dwelling unit to which it is assigned. All acreage in the designated flood way, as defined in Chapter 1329 of the Codified Ordinances, shall be excluded from calculating the unit density. In all A-2 Districts, the exterior facade shall consist of a minimum of seventy-five percent (75%) brick, stone and/or stucco.

(Ord. C80-83. Passed 10-4-93.)

   (i)   Existing doubles and twin singles may, with Planning Commission approval, be divided and sold as two units provided that they meet the requirements of the D-2 District. If the two units are served by a single sanitary sewer service, the protective covenants shall provide easements for and set forth responsibilities for maintaining the sanitary sewer service.

   (j)   (EDITOR'S NOTE: This subsection was repealed by Ordinance C23-91, passed June 3, 1991.)

   (k)   In a D-2 District, each unit of a double or twin single shall be situated on its individual lot and may be individually owned. The subdivision plat shall have pairs of lots set forth and consecutively numbered to accommodate each building (two units). The lots for the individual units will be shown on the plat and numbered by adding the letters “A” and “B” to the basic lot number. In a D-2 District, each unit of a double or twin single shall have its own water service and water meter, and its own sanitary sewer service.

   In a D-2 District, each unit of a double or twin single shall have a common wall separating the units. The common wall shall be constructed of a minimum of eight inches of masonry, shall be in compliance with Ohio Basic Building Code Section 907.7 and shall be located on the property line dividing the ownership of the two units.

   Prior to the issuance of a building permit in a D-2 District, the applicant shall prove to the satisfaction of the Building Inspector that covenants are in the chain of title for each of the co-owners of the structure. Such covenants, as a minimum, shall pertain to the rights and responsibilities of each individual owner with regard to party walls, joint drives, material and repair, insurance, damage and destruction, reconstruction and easements.

   (l)   Deviation from the minimum requirements of this section may be approved by the Planning Commission and Council.

(Ord. C10-82. Passed 3-15-82 Ord. C60-18. Passed 11-19-18.)

Click here to view Table 1135.10-I in a PDF document.

TABLE 1135.10-I RESIDENTIAL DISTRICT REQUIREMENTS

District	Type Dwelling	Area Sq. Ft./ Family		Lot Width at Building Line (Feet)		Yard Dimensions Depth Width (Feet)			Next to any Single Family Zoning Side or Rear	Required Off-Street Parking Spaces**			% of Lot Covered By All Bldgs.	Max. Height (Feet)
		Lot	Floor Area	Interior Lot	Corner Lot	Front	Rear	Side		Garage	Open	Visitor
SF-1	Single family	20,000		120	150	40	40	10		2 MIN	0		40	35
	Single floor		2,500
	2 sty/Bi Split/1½ sty.		2,800
SF-2	Single family	15,000		100	130	40	35	10		2 MIN	0		40	35
	Single floor		2,200
	2 sty/Bi Split/1½ sty.		2,500
SF-3	Single family	12,000		90	125	40	30	8		2 MIN	0		35	35
	Single floor		2,000
	2 sty/Bi Split/1½ sty.		2,200
R-1	Single family	10,000		80	105	30	25	6		2 MIN	0		30	35
	Single floor		1,600
	2 sty/Bi Split/1½ sty.		1,800
R-1b	Single family	8,400		70	95	30	25	6		2 MIN	0		30	35
	Single floor		1,600
	2 sty/Bi Split/1½ sty.		1,800
R-2	Single family	8,400		70	95	30	25	6		2 MIN	0		40	35
	Single floor		1,200
	2 sty/Bi Split/1½ sty.		1,400
D-1	Doubles			70	95	30	25	6		1	1		40	35
See Note #2	Twins	6,000	See Note #1
Note #3	Duplexes
D-2	Doubles			35*	60*	30	25	6		1	1		40	35
See Note #2	Twin	6,000	See Note #1
Note #3	“0" Lot Line
A-1 ***	Multi-Family	8 units	See Note #1	80	100	30	25	10	60		2	½	40	35
See Note #3	3-8 units per bldg.	per acre
A-2	3-6 units	2,000	See Note #1	20*	50	30	25	10	60	1	1	½	40	35

* Per unit

** See Section 1135.10(a)

*** See Section 1135.10(g)

R-3 (Modified) as established by Ord. C13-84 & C33-84

Note #1 –   D-1, D-2, A-1 & A-2: 1 Bedroom - 700 sq. ft.; 2 Bedroom - 850 sq. ft.; + 125 each additional bedroom

Note #2 –   C80-93 11/3/93 “in All A-2, D-1 and D-2 Districts, each dwelling unit shall have one covered parking garage of at least 250 sq. ft. (12'x30'). Each garage shall be attached and directly adjoining the dwelling unit to which it is assigned.”

Note #3 –   All acreage in the designed floodway as defined in Chapter 1329 shall be excluded from calculating the unit density. In all A-2 districts, the exterior facade must consist of a minimum of 75% brick, stone and/or stucco.

(Ord. C125-88. Passed 1-16-89; Ord. C59-94. Passed 9-6-94; Ord. C01-05. Passed 1-18-05.)

1135.11 ACCESSORY USE IN RESIDENTIAL DISTRICTS.

   An accessory use in a residential district or an apartment district shall be permitted subject to the limitations stated herein, and shall not be such as to infringe upon the residential character of the district.

   (a)   A billboard, signboard or advertising sign shall not be permitted as an accessory use, except as herein specified. The placing of a temporary “For Sale” or “For Rent” sign, not to exceed nine square feet in area, shall be permitted as an accessory use. A sign pertaining to a home occupation, as herein specified, shall be permitted provided such sign be not over two square feet in area, and provided that such sign shall not project from or be placed in advance of the dwelling or the principal building on the premises.

   (b)   The office of an architect, attorney, clergyman, dentist, engineer, insurance representative, physician, real estate broker, surgeon or accountant may be located in a residence used by such person as his private residence. These office uses do not include the services of more than one other person not residing on the premises, work rooms, clinics or the treatment and housing of animals.

   (c)   Internal or external changes in the structural form of the building shall not be permitted. The removal of partitions or floors or parts thereof, shall not be permitted. Such permitted uses shall be restricted to either those which are not offensive by reason of emission of odor, dust, smoke, gas, noise or vibration or to those which are not accompanied by an unreasonable number of calls or stops by either pedestrians or vehicles and to those uses of the premises that are not unsightly or otherwise objectionable such as by reason of accumulation of materials or debris.

   (d)   No accessory structure shall be erected for use as a business, trade or industry or other use conducted for gain.

   (e)   A private garage shall not be permitted as an accessory use except as provided in Sections 1137.08 to 1137.11.

(Ord. C79-74. Passed 1-20-75.)

1135.12 NONRESIDENTIAL DISTRICT REQUIREMENTS.

   All land use within the nonresidential districts shall conform to the requirements established by Table 1135.12-II Nonresidential District Requirements and the following specific requirements and descriptions:

   (a)   The area known as the Central Business District (CBD) shall be bounded and described as follows:

      Being in the City of Grove City, County of Franklin, State of Ohio, and beginning at the point of intersection of the south right-of-way line of Jackson Street and the west right-of-way line of Third Street, said point being the point of beginning; thence and proceeding southwesterly along the west right-of-way line of Third Street to its intersection with the north right-of-way line of Park Street; thence northwesterly along said north right-of-way line to its intersection with the west right-of-way line of First Street; thence southwesterly along said west right-of-way line to its intersection with said north right-of-way line of Civic Place; thence northwesterly along said north right-of-way line, and its extension northwesterly to its intersection with the west right-of-way line of Broadway; thence southwesterly along the said west right-of-way line to its intersection with the southeasterly extension of the north right-of-way line of the east-west portion of Franklin Street; thence northwesterly along the said extension and along the said north right-of-way line to its intersection with the east right-of-way line of the north-south portion of Franklin Street north of the east-west portion of Franklin Street; thence northeasterly along said east right-of-way line to its intersection with the south right-of-way line of Grove City Road; thence easterly along said south right-of-way line to its intersection with the southwesterly extension of the east right-of-way line of the first alley west of Broadway between Park Street and Grove City Road; thence northeasterly along said southwesterly extension and along said east right-of-way line and its extension northeasterly to its intersection with the north right-of-way line of Park Street; thence northwesterly along said north right-of-way line to its intersection with the west line of lot number 9 (being the fifth lot east of the railroad) of the A.G. Grant Addition, said line also being the east line of lot number 10; thence northeasterly along said lot line to its intersection with the south right-of-way line of the alley north of Park Street; thence southeasterly along said south right-of-way line to its intersection with the southwesterly extension of the west right-of-way line of the first alley east of the railroad between the alley north of Park Street and Grant Avenue; thence northeasterly along said west right- of-way extension and along said west right-of-way line to its intersection with the north right-of-way line of Mill Street; thence northwesterly along said north right-of-way line and said right-of-way line extending to its intersection with the west line of lot number 18 of the Geo. H. Gantz Addition, said line also being the east line of lot number 19; thence northeasterly along said lot line to its intersection with the south right-of-way line of the first alley north of Mill Street; thence southwesterly along said south right-of-way line and partially along the north line of lot number 18 to its intersection with the southwesterly extension of the east right-of-way line of Meadow Lane; thence northeasterly along said east right-of-way line extension and along said east right-of-way line to its intersection with the south lot line of the second lot south of White Place, said point being approximately 150 feet south of White Place; thence southeasterly along said south lot line to the southeast corner of the lot; thence northeasterly along the east line of said lot to a point approximately 110 feet south of White Place said point being the southwest corner of a lot facing White Place; thence southeasterly along the south line of said lot and its extension southeasterly to a point approximately 130 feet west of Broadway said point being the southwest corner of a lot facing Broadway; thence northeasterly along the west lines of said lot three courses to the northwest corner of said lot; thence southeasterly along the north line of said lot to the southwest corner of the lot at the southwest corner of Broadway and White Place; thence northeasterly along the west line of said corner lot to the south right-of-way line of White Place; thence southeasterly along said south right- of-way line to its intersection with the west right-of-way line of Broadway; thence southeasterly to the southwest corner of the fifth lot south of Reserve “A” in the Glenn L. Lotz Grove City Addition, said point being in the east right-of-way line of Broadway; thence southeasterly along the south line of said lot and its extension southeasterly to its apparent intersection with the northeasterly extension of the west right-of-way line of First Street; thence southwesterly along said west right-of-way extension to a point on the south right-of-way line of Cleveland Avenue; thence southeasterly along said south right-of-way line to a point on the west right-of-way line of Arbutus Avenue; thence southwesterly along said west right-of-way line to a point on the north right-of-way line of Columbus Street; thence northwesterly along said north right-of-way line to a point on the west right-of-way line of First Street; thence southwesterly along said west right-of-way line to its intersection with the south right-of-way line of Jackson Street; thence southeasterly along said south right-of-way line to its intersection with the west right-of-way line of Third Street; said intersection being the point of beginning; all lands, parcels, tracts or lots within the area bounded by the above description shall be classified for the Central Business District (CBD) use. (Ord. C09-15. Passed 2-17-15.)

   (b)   Buildings may be altered or erected within the Central Business District (CBD) upon approval of the Planning Commission for 100 percent usage of any described lot except that portion of the lot within fifty feet each side of the centerline of the existing public street.

   (c)   Subject to the approval of the Planning Commission the parking requirements listed in Table 1135.12-II can be met by offsite parking facilities, other than using public streets, if suitable proof of the long term availability of such offsite parking is presented to the Planning Commission.

(Ord. C67-65. Passed 10-6-75.)

   (d)   Yard dimensions next to residential and other nonresidential districts, other than OLR and all “IND” Districts, may be reduced to fifty percent of the requirements listed in Table 1135.12-II if acceptable landscaping or screening is provided. Such screening shall be a masonry or solid fence between four and six feet high, maintained in good condition and free of all advertising or other signs. The yard dimensions may also be reduced by using landscaping. The landscaping shall consist of a planting of evergreen trees, hedges or shrubs not less than four feet in height at time of planting. The evergreens shall be planted in at least two rows so as to provide a visual barrier between the projects building and parking areas and the surrounding land. The yard dimension shall be wide enough so that when evergreens have grown to their maximum spread there will be two feet of clearance between the evergreens and the project's property line and five feet of clearance between the evergreens and the closest building, or other above ground structures within the project. When approved by the Fire Department and Planning Commission, the yard dimensions next to other types of nonresidential districts may be reduced without screening or landscaping; however, the yard dimensions shall be at least ten feet. The screening or landscaping shall not obscure traffic visibility within twenty feet of an intersection.

(Ord. C29-97. Passed 6-2-97.)

   (e)   Adequate off-street loading areas, shall be provided in all nonresidential districts. Space shall be adequate for standing, loading and unloading services in order to avoid undue interference with public streets or alleys. See Section 1137.07 for further requirements.

   (f)   All permitted uses shall provide such approved devices and methods necessary to insure against the emission of obnoxious odors, noise, dust, smoke or other pollutants to the limits established by State and Federal regulations and standards.

(Ord. C67-75. Passed 10-6-75.)

   (g)   The minimum setback line shown on Table 1135.12-II shall be the greatest distance of:

      (1)   either seventy feet from the centerline or twenty feet from the street right-of-way of a primary thoroughfare, and

      (2)   either sixty feet from the centerline or twenty feet from the street right-of-way of a secondary thoroughfare on those streets designated as thoroughfares on the approved Thoroughfare Plan.

(Ord. C77-77. Passed 10-17-77.)

   (h)   The off-street parking requirements listed in Table 1135.12-II shall be based on the following categories:

      (1)   Business or professional office, medical or dental clinic, banks, kindergarten, elementary and junior high school - use classroom only, retail stores and personal service shops.

      (2)   Restaurant excluding kitchen area, night club excluding kitchen area, assembly halls without fixed seats, community center, dance hall, day nursery, exhibition hall, fraternal organization, philanthropic institution, mortuary or funeral parlor - chapel areas only, bowling alley - use approach, lanes and pit area only.

      (3)   Theaters, auditoriums, sports area, stadium, churches - use worship hall area only, high schools, trade schools, colleges and universities - use classroom area only.

      (4)   Manufacturing, industrial and warehousing, when personnel are employed for more than one shift use total employees of the shift with the largest number of employees.

      (5)   Boarding house, club house, dormitory, fraternity or sorority house, rooming house, YMCA, YWCA, hotels, motels, hospitals, convalescent homes, homes for the aged, nursery homes, rest homes and sanitariums. When uses permitted in M-1, SD-1, SD-2 and SD-3 districts are also permitted to PSO, C-1, C-2 and CBD, the off-street parking requirements shall be governed by the requirements listed for the M-1, SD-1, SD-2 or SD-3 districts.

(Ord. C67-65. Passed 10-6-65; Ord. C41-78. Passed 6-19-78.)

   (i)   Residential uses may be permitted within the PSO, M-1, SD-2, and C-1 Districts upon approval of a Development Plan; provided, however, that the requirements of the A-1 District in Table 1135.10-I (Residential District Requirements) are met except for the maximum percentage of lot covered by all buildings and that a maximum of fifty percent (50%) of the floor area as defined in Section 1131.03(34) (minimum net floor area for living quarters) may be designated for residential purposes. The use of the residential area for other than residential use for more than ninety days shall void the residential use permitted herein until the area has been inspected by the City Building Inspector and pronounced safe for occupancy. Multi-Family Residential Uses may be permitted, upon approval of a Development Plan, within the C-2 and CBD Districts provided that, in addition to the above stipulations, the residential areas shall have separate utility systems and shall be separated by twenty feet of open yard or a two hour rated fire wall from the following uses:

      Animal Husbandry Services

      Building Materials, Hardware, and Farm Equipment Dealers

      Automotive Dealers and Gasoline Service Stations

      Miscellaneous General Merchandise Stores

      Drinking Places (alcoholic beverages)

      Automobile Repair, Automobile Services and Garages

      Miscellaneous Repair Shops and Related Services

      Reupholstery and Furniture Repair

(Ord. C67-65. Passed 10-6-75; Ord. C09-05. Passed 2-22-05.)

      (2)   Residential uses may be permitted within the CBD district as provided for in Section 1135.09(b)(4). Before reverting back to a single-family residential use within the CBD, the structure must be inspected by a City Building Inspector and pronounced safe for occupancy.

(Ord. C41-11. Passed 9-6-11.)

   (j)   (1)   As used in this chapter:

         A.   “Adult bookstore” or “Adult novelty store”means an establishment which derives twenty-five percent (25%) or more of its gross income from the sale and rental of, or utilizes twenty-five percent (25%) or more of its retail selling area for the display of, or both, books, magazines, other periodicals or printed patter, photographs, films, tapes, cassettes, DVD’s, instruments, devices or paraphernalia, which are characterized by the depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” or which are designed for use in connection with “specified sexual activities” as defined hereafter.

         B.   “Adult motion picture theater” means an enclosed motion picture theater or motion picture drive-in theater which derives twenty-five percent (25%) or more of its gross income from the showing of, or utilizes twenty-five percent (25%) or more, of its total viewing time for the presentation of, or both, materials for observation by its patrons which are characterized by the depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined hereafter.

         C.   “Adult film and video tape sales and/or rental stores” means an establishment which derives twenty-five percent (25%) or more of its gross income from the sale and rental of, or utilizes twenty-five percent (25%) or more of its retail selling area for the display of, or both, of film, DVD’s, and video tapes, which materials are characterized by the depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined hereinafter.

         D.   “Adult entertainment establishments” means a nightclub, bar restaurant or similar commercial establishments that regularly features: persons who appear in a state of nudity or semi-nudity; or live performances which are characterized by the exposure of “specified anatomical areas”, or by “specified sexual activities”.

         E.   “Specified anatomical areas” is defined as less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

         F.   “Specified sexual activities” is defined as human genitals in the state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

         G.   “Nudity” or “state of nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

         H.   “Semi-nudity” or “semi-nude condition” means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided that the areola is not exposed in whole or part.

      (2)   Upon special permit by the Planning Commission and Council, an adult bookstore adult novelty store, adult motion picture theater, an adult film and video tape sales and/or rental store, or adult entertainment establishment may be located within a C-1 or C-2 District, subject to the provision that no adult bookstore/adult novelty store, adult motion picture theater, adult entertainment establishment, or adult film and video tape sales and/or rental store shall be established within 1,000 feet or less of any single-family or multi-family residential zoning classification, PUD-R (Planned Unit Development - Residential), PSO (Professional Services) or SD-1 (Educational) Districts or residential use and no adult bookstore/adult novelty store, adult motion picture theater, adult film and video tape sales and/or rental store, or adult entertainment establishment shall be established within 1,000 feet of another adult bookstore/adult novelty store, adult motion picture theater, adult film and video store, or adult entertainment establishment.

      (3)   A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing “specified sexual activities” or “specified anatomical areas” and still be characterized as an “adult bookstore/adult novelty store”, “adult motion picture theater”, “adult film and video tape sales and/or rental store”, or “adult entertainment establishments”. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an “adult bookstore/adult novelty store”, “adult motion picture theater”, “adult film and video tape sales and/or rental store”, or “adult entertainment establishment” so long as one of its principal business purposes is the offering for sale or rental for consideration of any form, the “specified sexual activities” or “specified anatomical areas”.

(Ord. C57-82. Passed 7-6-82; Ord. C49-83. Passed 12-5-83; Ord. C77-05. Passed 8-1-05; Ord. C24-06. Passed 5-1-06.)

   (k)   In an OLR or any IND District, there shall be no structures, parking or dumpsters permitted between the right-of-way and the set back. Only landscaping and driveway access shall be permitted in this area.

(Ord. C44-95. Passed 8-7-95; Ord. C5-98. Passed 2-17-98.)

   (l)   In an OLR, or any IND District, there shall be no structures, parking or dumpsters permitted between the property line and the side or rear set back next to residential districts. Only landscaping and driveway access shall be permitted in this area.

(Ord. C5-98. Passed 2-17-98.)

   (m)   (1)   In evaluating the design and planning for new, renovated, or expanded structures or developments in all zoning districts, except single-family residential, the Planning Commission shall endeavor to assure that the exterior appearance of such buildings, structures and spaces shall:

         A.   Enhance the attractiveness and desirability of the district in keeping with its purpose and intent.

         B.   Encourage the orderly and harmonious development of the district in a manner in keeping with the overall character of the district.

         C.   Improve residential amenities in any adjoining residential neighborhood, if applicable.

         D.   Enhance and protect the public and private investment in the value of all land and improvements within the district.

      (2)   The Planning Commission, in the performance of its duties, may prescribe modification of the proposed architectural design or site plan as may be appropriate to assure the proposed development meets the objectives of the above items A. through D. Materials should be of the nature that will enhance the development and existing land values. Brick, slate, wood, cement, stucco, or other materials should provide diversity, but, at the same time, should be consistent with the area that they will be impacting. Decorative stone and brick are preferred, but, decorative wood or vinyl siding may be used as long as they are approved by Council.

      (3)   Deviation from the minimum requirements of this section may be approved by the Planning Commission and Council.

(Ord. C53-96. Passed 7-15-96; Ord. C5-98. Passed 2-17-98)

   (n)    In all Commercial and Industrial Districts the lighting requirements are set forth as follows:

      (1)   All exterior parking and pedestrian lighting shall be designed to direct light downwardly (i.e cut off type fixtures) and shall be from the same type and style.

      (2)   All lights shall be arranged to reflect light away from any street or adjacent property.

      (3)   Direct or indirect glare into the eyes of motorists or pedestrians shall be prohibited.

      (4)   Landscape and building lighting shall be designed to direct light either up or down (i.e. cut-off, soffit).

      (5)   All building illuminations shall be from concealed sources.

      (6)   No colored or flashing lights shall be used to light the exterior of buildings.

      (7)   As required in Section 1137.06(n), lighting for parking facilities shall have 0.5 footcandles minimum maintained, measured at grade in all vehicular use areas and pedestrian pathways.

(Ord. C15-99. Passed 5-3-99.)

Click here to view Table 1135.12-II in a PDF document.

TABLE 1135.12-II NONRESIDENTIAL DISTRICT REQUIREMENTS

MINIMUM REQUIREMENTS												Maximum Requirements
District *(e)	Type Use	Set Back Line *(g) (Feet)	Int. Side (Feet)	Yard Dimensions (Feet)			Off-Street Parking Requirements by Category *(h) (One Parking Space Per)					Percent of Lot Covered By All Buildings	Bldg. Height (Feet)
				Next to Residential Districts *(d)	Depth of Rear	Next to Other Type of Non-Residential Districts *(d)	I	II	III	IV	V
PSO	Professional Services	30	6	60	6	30	150sf	N/A	N/A	N/A	N/A	75	35
C-1	Commercial	30	6	60	6	30	200sf	50sf	N/A	3 Employees	N/A	75	35
C-2	Commercial	30	6	60	6	30	200sf	50sf	N/A		1 rental room/suite	75	35
CBD	Central Business District	*(b)	*(b)	60	*(b)	30	same *(c)	as *(c)	PSO, *(c)	C-1, *(c)	C-2 *(c)	100	35
OLR	Office/Research Laboratory	100	50	100	50	50	150sf	N/A	N/A	N/A	N/A	75	120
IND-1	Light Industry	30	6	100	6	50	200sf	N/A	N/A	2 Employees	N/A	35	35
IND-2	Heavy Industry	30	6	100	6	50	200sf	N/A	N/A		N/A	35	35
M-1	Medical	30	6	50	6	25	150sf	N/A	N/A	N/A	3 beds	75	35
SD-1	Educational	30	6	50	6	25	150sf	N/A	4 seats		200sf	75	35
SD-2	Services	30	6	50	6	25	150sf	100sf	4 seats		2 beds	75	35
SD-3	Recreational Facilities	30	6	50	6	25	N/A	100sf	3 seats	N/A	N/A	75	35
SD-4	Miscellaneous	30	6	100	6	50	As approved by Planning Commission						35

* See appropriate subsection of this Section for further explanation.

(Ord. C79-74. Passed 1-20-75; Ord. C44-95. Passed 8-7-95.)

1135.13 ACCESSORY USE IN NONRESIDENTIAL DISTRICTS.

   An accessory use shall be permitted in each district subject to the limitations stated herein and shall not infringe upon the district's character.

   (a)   Office and retail space may be provided in the industrial and manufacturing districts providing that such space is in support of the main function. No merchandise made at another location may be retailed in the accessory area nor may office or business activities not related to the main use be carried on the accessory area.

   (b)   Uses provided for in IND-1 may be included in IND-2, in support of the main use, however, IND-2 uses may not be included in IND-1.

(Ord. C79-74. Passed 1-20-75.)

1135.14 PLANNED UNIT DEVELOPMENT DISTRICT.

   Provision is included for Planned Unit Development Districts (PUD) to permit establishment of areas in which diverse uses may be brought together as a compatible and unified plan of development which shall be in the interest of the general welfare of the public. In Planned Unit Development Districts, land and structures may be used for any lawful purpose in accordance with the provisions set forth herein.

   (a)   Submission Procedures. The procedure for obtaining a change in zoning district or undertaking development within a Planned Unit Development District shall be as follows:

      (1)   Prior to the submission of an application for a rezoning in accordance with Section 1139.03 or the submission of a Development Plan in accordance with Section 1135.14(c), the owner/applicant shall submit eighteen (18) copies of a Preliminary Development Plan to the Planning Commission fourteen (14) days prior to the date of the Planning Commission meeting.

(Ord. C94-98. Passed 12-21-98; Ord. C8-02. Passed 2-4-02.)

      (2)   The Planning Commission shall review the Preliminary Development Plan with the owner/applicant. The Planning Commission shall prepare recommendations with regard to the Preliminary Development Plan and apply the eight (8) finding requirements as per Section 1135.14(e) for a PUD request.

(Ord. C8-02. Passed 2-4-02.)

      (3)   Upon approval in principle, the Planning Commission shall forward the Preliminary Development Plan to Council for its review, recommendations and approval in principle, or its disapproval. The Clerk of Council shall send copies of the recommendations of Council to the owner/applicant indicating their approval or disapproval.

      (4)   Upon receipt of Council’s comments the owner/applicant shall either resubmit a Preliminary Development Plan in accordance with Section 1135.14(a)(1) if the prior submission was disapproved, or if the Preliminary Development Plan was approved, submit an application for rezoning in accordance with Section 1139.03. The owner/applicant may, if so desired, submit a Development Plan in accordance with Section 1135.14(c), along with its submission of the application for rezoning.

(Ord. C94-87. Passed 12-7-87; Ord. C94-98. Passed 12-21-98; Ord. C8-02. Passed 2-4-02.)

      (5)   The Planning Commission shall examine and take action on the Preliminary Development Plan, the resubmitted Preliminary Development Plan, or the application for rezoning, and the Development Plan, if submitted, within forty-five (45) days after it has been filed. After the Commission acts, the Planning Commission shall forward to Council the Preliminary Development Plan, if resubmitted, or the application for rezoning, and the Development Plan, if submitted, along with any restrictions or requirements upon which its approval is conditioned for action by Council as permitted by law at Council’s next regularly scheduled meeting. If Council defeats the Preliminary Development Plan or the Development Plan or attaches restrictions or requirements to its passage, the owner/applicant may request that Council act on the rezoning application. If the rezoning application is approved by Council without approval of a Development Plan, the owner/applicant shall have nine (9) months from the date of the approval of the rezoning application to obtain approval from Council of a Development Plan or the rezoning approval shall be null and void and the property shall revert to its zoning classification in effect prior to the approval of the application for rezoning. If construction plans, grading plans and specifications for the first phase have not been submitted and construction started within eighteen (18) months from the date of the rezoning approval, the rezoning approval shall be null and void and the property shall revert to its zoning classification in effect prior to approval of the application for rezoning.

(Ord. C8-02. Passed 2-4-02.)

      (6)   Except to the extent that this section sets forth exceptions, the submission and development procedures and requirements specified in Section 1101.07 shall be followed after the Development Plan and rezoning are approved.

(Ord. C19-91. Passed 3-4-91)

      (7)   In order to be heard by the Planning Commission, a fee of $150 for a Preliminary Development Plan or $300 for a Development Plan, payable to the City for deposit in the General Fund, shall accompany the application or petition. In addition to the application or petition fee, the prescribed review fees as established in the Fee Recovery Policy for Use of Consulting Architects and Engineers shall also accompany the application or petition, payable to the City for deposit in a Deposit Trust account. These fees are for the purpose of defraying the costs of plan review, legal, legislation, notices, official publications required by the City and any other incurred costs and shall not be refundable even if the application is disapproved by the Planning Commission or Council.

(Ord. C49-01. Passed 8-6-01; Ord. C24-10. Passed 6-7-10.)

   (b)   Preliminary Plan Content. The Preliminary Development Plan shall include the following information:

      (1)   Proposed site plan, showing building locations, locations of existing trees six inches (6") or greater in diameter, and land use areas.

(Ord. C19-99. Passed 6-7-99.)

      (2)   Proposed traffic circulation, parking areas, pedestrian walks and landscaping.

      (3)   Proposed major utility locations.

      (4)   Proposed construction sequence for buildings, parking spaces and landscaped areas.

   (c)   Development Plan Content. The Development Plan shall include the following information:

      (1)   Proposed name of the development and its location.

      (2)   Names and addresses of owners and developers.

      (3)   Date, north arrow and Plan scale. Scale shall be one-inch equals 100 feet or larger scale.

      (4)   Boundary lines of the proposed development and the total approximate acreage encompassed therein.

      (5)   Locations, widths and names of all existing public streets or other public ways, railroad and utility rights of way or easements, parks and other public open spaces, permanent structures, and section and corporation lines within or adjacent to the tract.

      (6)   Existing sewers, water mains, culverts and other underground facilities within the tract, adjacent to the tract or that will be used in developing the tract, indicating pipe sizes, grades and locations.

      (7)   The adjoining lines of adjacent tracts, parcels or lots.

      (8)   Existing zoning restrictions.

      (9)   Existing ground configuration, drainage channels, wooded areas, watercourses and other significant physical features.

      (10)   Layout of proposed streets, including their names and rights of way, easements, sewers, water lines, culverts and other major improvements.

      (11)   Layout, numbering and dimensions of lots if more than one.

      (12)   Layout, location and dimensions of proposed structures.

      (13)   Parcels of land intended to be dedicated or temporarily reserved for public use or reserved by deed covenant with the condition proposed for such covenant, and for the dedications.

      (14)   Building setback lines with dimensions.

      (15)   Tentative street grades and sewer size slope.

      (16)   Traffic circulation, parking areas and pedestrian walks.

      (17)   Landscaping plans, including site grading and landscape design.

      (18)   Engineering feasibility studies of any anticipated problems which might arise due to the proposed development as required by the Planning Commission.

      (19)   Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.

      (20)   Preliminary drawings for buildings to be constructed in the current phase, including floor plans, exterior elevations and sections.

      (21)   Color rendering of building(s), complete with a listing of all colors, including Pantone 1999-2000 Reference Numbers or if Pantone is not available, the manufacturer's reference/serial number with sample, and materials, with samples, to be used.

(Ord. C39-00. Passed 5-15-00.)

   (d)   Approval of the Development Plan by Phases. The Development Plan may be approved in phases. Each phase shall require approval of a Development Plan for that phase pursuant to the procedures set forth herein. Any changes to the plan that increase the density, change the use of any part within the plan, decrease the amenities or accessory facilities, or detract from the appearance of the project without the approval of the Planning Commission and Council shall void the rezoning and the tract of land shall revert to the zoning district in force prior to the Planned Unit Development submission.

(Ord. C94-87. Passed 12-7-87; Ord. C19-91. Passed 3-4-91.)

      (1)   Unless otherwise specified by the Planning Commission and Council in the Development Plan approval, each phase of the total project shall be started within the deadlines set forth in subsection (a)(5) hereof. If any phase is not started or completed within the deadlines set forth herein, the zoning for the property shall revert back to the zoning classification in effect at the time prior to the approval of the rezoning application.

(Ord. C19-91. Passed 3-4-91.)

      (2)   Prior to the beginning of each phase of the development a Development Plan, annotated as to the as-built conditions, along with an updated construction schedule shall be presented to the Planning Commission and Council for their review and comment. All variances to the original Development Plan and construction schedule shall be noted, and this copy of the Development Plan shall contain a registered surveyor's certificate as to accuracy of the plan and that it is an accurate representation of the as-built conditions in the field. No work shall begin on the next phase of the development until all variances to the approved Development Plan and construction schedule are corrected or approved by Council.

   (e)   Finding Required. The Planning Commission, after determining that all the requirements of the Zoning Ordinance dealing with Planned Unit Development Districts have been met, shall recommend the approval, approval with modifications or disapproval of the Preliminary Development Plan and/or the Development Plan. The Commission shall enter its reasons for such action in its records. The Commission may recommend the establishment of a Planned Unit Development District provided that they find the facts submitted with the Preliminary Development Plan and/or the Development Plan establish that:

(Ord. C8-02. Passed 2-4-02.)

      (1)   The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under any other district.

      (2)   Any exception from Zoning Code (Ordinance C79-74, passed January 20, 1975) requirements is warranted by the design and amenities incorporated in the Development Plan.

      (3)   Land surrounding the proposed development can be planned in coordination with the proposed development and that it is compatible in use.

      (4)   The proposed change to a Planned Unit Development District is in conformance with the general use intent of the area.

      (5)   Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district and in the vicinity of the proposed district.

      (6)   Existing and proposed utility services are adequate for the proposed development.

      (7)   Each phase of the proposed development, as it is proposed to be completed contains the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.

      (8)   The proposed Planned Unit Development District and all proposed buildings, parking spaces and landscape and utility areas can be completely developed within seven years of the establishment of the district, unless otherwise provided for by Council.

   (f)   Planned Unit Development Standards. The purposes of Planned Unit Development Standards are to provide for the rezoning of land to residential, commercial and industrial development zones in conformance with provisions and standards which insure compatibility among all the land uses, foster innovation in site planning and development, and encourage sound development in the interest of safety and general welfare of the public.

   The standards for Planned Unit Development Districts are to provide the Planning Commission and Council with a means to evaluate applications for these districts consistent with the provisions and general intent of the Zoning Code.

   The following standards are intended to strengthen public control over development, while providing the necessary latitude for the developer to make creative and efficient use of his property.

   (g)   Planned Unit Development Residential Permitted Use Standards (PUD-R). In Planned Unit Development - Residential the following uses may be permitted:

      (1)   One-family dwelling, two-family dwelling.

      (2)   Multiple family dwelling.

      (3)   Professional residence - office.

      (4)   Religious institution.

      (5)   School.

      (6)   Community center.

      (7)   Membership clubhouse.

      (8)   Public outdoor recreation.

      (9)   Accessory uses.

      (10)   Parking.

      (11)   Other uses approved by the Planning Commission.

   (h)   Planned Unit Development, Business and Commercial Permitted Use Standards (PUD-C). In Planned Unit Development - Commercial, the following uses may be permitted:

      (1)   PSO.

      (2)   C-1.

      (3)   C-2.

      (4)   Religious institutions.

      (5)   Community centers.

      (6)   Indoor recreation.

      (7)   Personal services.

      (8)   Enclosed accessory uses.

      (9)   Parking.

      (10)   Other uses approved by the Planning Commission.

   (i)   Planned Unit Development Industrial Permitted Use Standards (PUD-I). In Planned Unit Development - Industrial, the following uses may be permitted:

      (1)   IND-1.

      (2)   IND-2.

      (3)   Public utilities.

      (4)   Gasoline station.

      (5)   Enclosed service and repair.

      (6)   Trucking and freight terminal.

      (7)   Garage.

      (8)   Enclosed accessory uses.

      (9)   Parking.

      (10)   Other uses approved by the Planning Commission.

Click here to view Table 1135.14-III in a PDF document.

   TABLE 1135.14-III AREA, YARD, COVERAGE AND SUPPLEMENTARY REGULATIONS

PUD Type	District (acres)	Area		Yard (feet)						Off- Street Parking	Maximum Building
		Per Unit *(3)		Front		Side	Rear	District Next to			Coverage (percent)	Height (feet)
		Land *(1) (square feet)	Building Floor Area (square feet)	Private Street	Public Street	*(4) (feet)	(feet)	Res.	Non Res.
PUD-R Single Family	AS APPROVED BY COUNCIL AND SHOWN ON THE DEVELOPMENT PLAN
*(2) Two Family	SAME AS REQUIREMENTS OF D-1 ZONING SECTION 1135.10
Multi-Family	SAME AS REQUIREMENTS OF A-1 ZONING SECTION 1135.10
Other uses		-------	-------	30	40	10	25	25	30	Section 1135.12	40	35
PUD-C		--------	--------	30	40	10	6	30	20	Section 1135.12	See 1135.12	35
PUD-I		20,000	--------	30	40	25	25	100	25	Section 1135.12	See 1135.12	35

 

*NOTES:   1.   Land per unit pertains to only the land associated with the particular units. Land used in common by the development is excluded.

         2.   The term unit in the residential uses shall mean family.

         3.   Side yard distances are measured to the line designating the land to be associated with that building. In all cases the building shall be designed so that no single or two-family building is closer than 12 feet to another building and no multi-family or other type building is closer than 20 feet to another building.

(Ord. C-94-87. Passed 12-7-87; Ord. C72-03. Passed 8-18-03.)