(a)   Purpose. District 9 is intended to encourage neighborhood scaled retail and service business and enhance the southern gateway to the community. It respects the boundaries of the historic Darrowville Village and is distinguished from the suburban style commercial development in Stow and the office/industrial zoning to the north. It offers recreational and wellness amenities, including the Metro parks Bike and Hike Trail, which should be enhanced with complementary retail and personal service businesses. With adjacent and nearby housing, District 9 retail, services and offices offer a sustainable development pattern that encourages walking and promotes alternative circulation to dependency on State Route 91. Historic structures will be preserved wherever feasible with development standard incentives and new development should incorporate those structures. The Darrowville historic structures may be razed if found to be economically infeasible to renovate, or to relocate and reuse the building based upon the findings of a feasibility study for the historic buildings performed for the structure(s) in question by the owner/developer and approved by the Planning Commission as well as approved by the Architectural and Historic Board of Review. Eight structures have been identified as historic:
      (1)   5108 Darrow Road - an Italianate house c. 1870;
      (2)   5114 Darrow Road - a New England-style home c. early 1850s;
      (3)   5122 Darrow Road - a Queen Anne-style home c. 1880s;
      (4)   5136 Darrow Road - a home;
      (5)   Darrowville Post Office c. 1900;
      (6)   5158 Darrow Road - a farmhouse dating to 1853;
      (7)   5192 Darrow Road - an Italianate home c. 1870; and
      (8)   5230 Darrow Road - a Greek Revival farmhouse c. 1837.
   The Planned Development option can provide flexibility with certain development standards in exchange for higher quality design and integrated connection between uses and buildings. In addition, District regulations are intended to relieve any new traffic and congestion impacts arising from new development by following the recommendations of the State Route 91 Traffic Corridor Study including provisions for connector roads that are distinguished from public streets.
   (b)   Uses By-Right. Subject to the restrictions of division (d)(5)C of this section, "maximum floor area to lot area ratio, maximum building footprint":
      (1)   Residential.
         A.   Dwelling units stacked above or mixed with offices or other commercial space.
      (2)   Commercial/retail.
         A.   Artisan studios, photography shops and studios, and art galleries.
         B.   Automated teller machines (ATMs).
         C.   Banks or other financial institutions.
         D.   Bars/taverns more than 200 feet from a residential use.
         E.   Commercial nurseries.
         F.   Medical clinics.
         G.   Offices, business or professional.
         H.   Recording, radio, or television studios.
         I.   Restaurants, except drive-through restaurants, more than 200 feet from a residentially zoned property.
         J.   Retail uses without outdoor sales or storage.
         K.   Services, business, personal, or repair, except vehicle repair.
      (3)   [Reserved.]
      (4)   Institutional/civic/public.
         A.   Essential public utility and public services, including but not limited to bus shelters and bus stops, but not including power generating stations, transfer stations, or outdoor storage.
         B.   Government administrative offices.
         C.   Public park or recreation area, including multipurpose trails.
         D.   Public recreational facilities, indoor or outdoor.
         E.   Public safety and emergency services.
      (5)   Planned developments.
         A.   Planned developments, subject to the standards and procedures set forth in Sections 1203.04 and 1204.02.
      (6)   Accessory uses. See Section 1206.03 , Accessory Uses.
   (c)   Conditional Uses. The following uses shall be conditionally permitted in District 9 subject to meeting all applicable requirements set forth in division (d) of this section, including the restrictions of division (d)(5)C., Maximum Floor Area to Lot Area Ratio, Maximum Building Footprint, and Section 1206.02 , Conditional Uses.
      (1)   Commercial/retail.
         A.   Assembly and meeting halls.
         B.   Automobile repair and services.
         C.   Bars or taverns located within 200 feet of a residential use.
         D.   Bed and breakfast inn.
         E.   Convenience stores.
         F.   Day care centers, child or adult.
         G.   Entertainment and amusement facilities, indoor.
         H.   Funeral home.
         I.   Liquor stores.
         J.   Lodging.
         K.   Recreational or sports training facilities, commercial.
         L.   Restaurants, except drive through restaurants, located within 200 feet of residentially zoned property.
         M.   Retail uses with outdoor sales or storage.
      (2)   General agricultural operations.
      (3)   Institutional/civic/public uses.
         A.   Schools, public or private–preschool, elementary, secondary, or post- secondary.
         B.   Places of religious worship, including churches and synagogues. Religious schools and day care centers may be permitted as accessory uses within the same structure as the principal conditional use.
      (4)   Accessory uses. See Section 1206.03 , Accessory Uses.
   (d)   Property Development/Design Standards. In addition to compliance with all applicable standards set forth in Chapter 1207 , Zoning Development and Site Plan Standards, all development in District 9 shall comply with all of the following development/design standards (all standards are minimums unless otherwise noted):
      (1)   Mix of uses. More than one principal use permitted by-right or conditionally in District 9 may be developed or established together within a single structure or in multiple structures on the same lot, provided all applicable requirements set forth in this section and Code, and all other applicable ordinances, are met.
      (2)   Minimum distance between buildings: Twenty-five feet, except for historic structures when this minimum shall be reduced to fifteen feet.
      (3)   Minimum lot size: One acre, except lots containing historic structures shall have no minimum lot size provided no new separate driveway is provided with less than one acre, and the floor area to lot area ratio applies.
      (4)   Minimum lot width: 200 feet.
      (5)   Maximum floor area to lot area ratio.
         A.   Retail and services: .35 to 1.0
         B.   Office: 50 to 1.0
         C.   Maximum building footprint:
            1.   The building footprint area of any one retail building or retail use may not exceed 5,000 gross square feet as a use by right, or 10,000 gross square feet as a conditional use, except as provided in this division.
            2.   If part of a multi-building complex of three or more buildings on a site plan approved with five acres or more, the City Manager may permit retail buildings of 10,000 gross square feet or less.
            3.   Within a planned development, any one retail building may not exceed 20,000 gross square feet nor any single retail business use exceed 15,000 square feet.
            4.   No variance shall be granted to the maximum allowed building footprint area of this division.
      (6)   Setbacks. Unless modified pursuant to Section 1203.08 , Minor Modifications, the yard setbacks in District 9 shall be the following. Setbacks shall be measured from dedicated right-of-way or public access easement boundary lines:
         A.   Minimum front yard setback: twenty feet.
         B.   Minimum side yard setback: ten feet, except when the side yard abuts a residential use, the side yard setback for buildings or parking shall be increased to thirty feet. Buildings may share a common side wall when addressed by easement; then the side yard setback does not apply between those buildings.
         C.   Minimum rear yard setback: 100 feet, except when the rear yard abuts a residentially zoned property the setback for parking shall be at least fifty feet to the adjoining property line. For lots with retained historic structures the rear yard setback shall be reduced to ten feet from historic structures.
      (7)   Maximum structure height: Thirty-five feet.
      (8)   Architecture and design standards. See architectural design guidelines located in Appendix D .
      (9)   Commercial/retail parking. In addition to the standards for off-street parking set forth in Section 1207.12 , the following restrictions shall apply in District 9:
         A.   Location and access.
            1.   Parking in the front yard is limited to one aisle and two rows of parking spaces. All other off-street parking shall be located at the rear or side of the building on the interior of the lot and shall to the maximum extent feasible be accessed by means of shared driveways.
            2.   Credit against the required amount of off-street parking shall be granted for on-street parking that is available for general public use on a daily basis and is located within a maximum radius of 300 feet from the subject use.
         B.   Shared parking: Parking lots located to the rear of principal buildings shall be interconnected with commercial/retail parking lots on adjacent properties to the maximum extent feasible. As per Section 1207.12(h), Joint or Collective Parking Facilities, cross-access easements or other acceptable agreements for adjacent lots with interconnected parking lots shall be required in language acceptable to the City's solicitor to ensure availability of shared parking to users.
         C.   Historic structures. The preservation of historic structures shall not require off-street parking for the uses contained within such structures.
      (10)   Vehicular access/driveway curb cuts.
         A.   Vehicular access to all new development must comply with the State Route 91 Traffic Corridor Study or similarly adopted document.
         B.   To the maximum extent feasible, vehicular access to all new development in District 9 shall be from entrance drives, access roads, or shared driveways.
         C.   All driveways within District 9 shall be spaced at least 200 feet from the pavement edge of any other driveway or public street intersection.
         D.   Driveway curb cuts shall be limited to one per development site and, to the maximum extent feasible, the number of curb cuts shall be minimized by consolidation, shared driveways, or other means.
      (11)   Pedestrian amenities.
         A.   Provision shall be made in the design of all developments for non-vehicular circulation systems, including but not limited to sidewalks, pathways, and bikeways. Funds-in-lieu of public sidewalks and other non-vehicular circulation systems may be provided as set forth in Section 1207.13(e).
         B.   Sidewalks.
            1.   Sidewalks at least five feet wide shall be provided on all sides of a lot that abut a public street, way, or open space.
            2.   Sidewalks at least five feet wide shall be provided along the full length of a building facade that features a customer entrance, and along any building facade abutting a public parking area.
            3.   All internal pedestrian walkways shall be designed to be visually attractive and distinguishable from driving surfaces through use of durable, low-maintenance surface materials such as pavers, brick, or scored concrete to enhance pedestrian safety and comfort.
(Ord. 16-44, § 3. Passed 7-19-16; Ord. 16-148, § 9. Passed 2-21-17; Ord. 18-93. Passed 10-15-19; Ord. 21-71. Passed 1-4-22.)