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Kent Overview
Codified Ordinances of Kent, OH
Codified Ordinances
CERTIFICATION
DIRECTORY OF OFFICIALS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF KENT
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE.
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Zoning Code
CHAPTER 1101 Title, Interpretation and Conflict
CHAPTER 1102 Definitions
CHAPTER 1103 Zoning Districts, Land Use and Zoning Map
CHAPTER 1104 Supplemental Zoning District Standards
CHAPTER 1105 Conditions Applicable to Specific Land Uses
CHAPTER 1106 General Provisions
CHAPTER 1107 Parking, Loading, and Access Management
CHAPTER 1108 Landscaping, Buffering, and Screening
CHAPTER 1109 Signs
CHAPTER 1110 Nonconformities
CHAPTER 1111 Administrative Boards and Commissions
CHAPTER 1112 Administrative Procedures
CHAPTER 1113 Violations, Penalties and Enforcement
APPENDIX A: DESIGN GUIDELINES FOR THE KENT DESIGN OVERLAY DISTRICT
APPENDIX B: SIGN DESIGN GUIDELINES
TITLE SEVEN - Subdivision Regulations
TITLE NINE - Water Resource Management
PART THIRTEEN - BUILDING CODE
PART FOURTEEN - PROPERTY MAINTENANCE AND HOUSING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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1103.08 O-R: OPEN SPACE-RECREATION DISTRICT.
(a)
Purpose.
This district is established for the following purposes:
 
(1)   To preserve and protect natural and man-made water areas, flood plains, marshes, and wetlands from development other than open spaces or recreational uses;
(2)   To preserve and protect agricultural districts, and/or wildlife habitats;
(3)   To retain natural drainage patterns; and
(4)   To preserve and protect the values of distinctive, geologic, topographic, botanic, historic, or scenic areas.
 
 
 
(b) Permitted Uses.
(c) Conditionally Permitted Uses.
(1)   Accessory Buildings (Section 1106.10)
(2)   Agricultural Uses and Buildings
(3)   Domesticated Animal Kennels
(4)   Home Businesses, Limited
(5)   Nursery & Greenhouses (No Retail)
(6)   Roadside Stands
(7)   Single-Family Dwellings
(8)   Wildlife Refuges and Game Preserves
 
(1)   Cemeteries (Section 1105.15)
(2)   Child Day Care Homes, Type A & B (Section 1105.17)
(3)   Extractive Uses (Section 1105.22 :Section 1105.19 )
(4)   Home Occupations (Section 1105.27)
(5)   Oil and Gas Wells, Drilling, and Operations (Section 1105.42 )
(6)   Open Air Markets/Farmers Markets (Section 1105.43)
(7)   Recreational Facilities, Outdoor (Section 1105.49 )
(8)   Religious Institutions (Section 1105.50 :Section 1105.23 )
(9)   Schools, Public and Private (Section 1105.56 )
(10)   Temporary Structures (Section 1106.15 )
(11)   Utilities & Associated Structures (Section 1105.65)
Where there is a discrepancy between Section 1103.07  and this table, this table will prevail.
 
 
(d) Specially Permitted Uses
None
(e) Dimensional Regulations
Lot and Building Height standards
Min. Lot Area
5 acres
Max. Density
1 unit per 5 acres
Min. Lot Frontage
60 ft.
Max. Building Height
35 ft.
Front Yard Setback
100 ft.
Side Yard Setback
25 ft.
Rear Yard Setback
50 ft.
 
(f)
Additional Regulations.
(1) Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
 
(Ord. 2021-057. Passed 6-16-21.)
1103.09 R-1: LOW DENSITY RESIDENTIAL DISTRICT.
 
(a) Purpose.
This district is established to accommodate single family residential development at low densities in areas that are or may reasonably be expected to be provided with central sewer and water facilities.
 
(b) Permitted Principal Uses
(c) Conditionally Permitted Uses.
(1)   Accessory Buildings (Section 1106.10)
(2)   Agricultural Uses and Buildings
(3)   Home Businesses, Limited
(4)   Nursery & Greenhouses (No Retail)
(5)   Roadside Stands
(6)   Single-Family Dwellings
 
(1)   Cemeteries (Section 1105.15)
(2)   Child Day Care Homes, Type A & B (Section 1105.17)
(3)   Domesticated Animal Kennels (Section 1105.19)
(4)   Home Occupations (Section 1105.27)
(5)   Recreational Facilities, Outdoor (Section 1105.49)
(6)   Religious Institutions (Section 1105.50:Section 1105.23)
(7)   Residential Facilities (Section 1105.51)
(8)   Schools, Public and Private (Section 1105.56)
(9)   Temporary Structures (Section 1106.15)
(10)   Utilities & Associated Structures (Section 1105.65)
 
 
Where there is a discrepancy between Section 1103.07 and this table, this table will prevail.
 
(d)
Specially Permitted Uses
None
 
(e) Dimensional Regulations
Lot and Building Height standards
Min. Lot Area
18,000 sq. ft. with public sewer and water
Max. Density
2 dwelling units per acre
Min. Lot Frontage
60 ft.
Max. Building Height
35 ft.
Front Yard Setback
45 ft.
Side Yard Setback
12 ft.
Rear Yard Setback
45 ft.
(f) Additional Regulations.
(1)   Minimum Front Yard Setback Variances. The required front yard setback, on a lot where the new construction or alteration of a building is being considered, may be modified without a variance when the Zoning Inspector determines all of the following standards are met:
A.   That the average front yard setback of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block and on the same side is less than the minimum front yard setback prescribed in the applicable zoning district;
B.   The modified minimum front yard setback must not be less than the average front yard depth of the lots identified in Subsection (a), above, and
C.   The modified minimum front yard setback must not be less than twenty (20) feet in any district.
 
(2)   Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
 
(Ord. 2021-057. Passed 6-16-21.)   
1103.10 R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT.
 
(a) Purpose.
This district is established to encourage single family residential development at medium densities in areas of existing development of such density and thereby providing a more orderly and efficient extension of public facilities.
 
(b) Permitted Principal Uses
(c) Conditionally Permitted Uses.
(1)   Accessory Buildings (Section 1106.10)
(2)   Home Businesses, Limited
(3)   Single-Family Dwellings
 
(1)   Assisted Living Facility (Section 1105.03)
(2)   Bed and Breakfast (Section 1105.11)
(3)   Cemeteries (Section 1105.15)
(4)   Child Day Care Homes, Type A & B (Section 1105.17)
(5)   Home Occupations (Section 1105.27)
(6)   Recreational Facilities, Outdoor (Section 1105.49)
(7)   Religious Institutions (Section 1105.50:Section 1105.23)
(8)   Residential Facilities (Section 1105.51)
(9)   Schools, Public and Private (Section 1105.56)
(10)   Temporary Structures (Section 1106.15)
(11)   Utilities & Associated Structures (Section 1105.65)
Where there is a discrepancy between Section 1103.07  and this table, this table will prevail.
 
(d)
Specially Permitted Uses
None
 
(e) Dimensional Regulations
Lot and Building Height standards
Min. Lot Area
11,000 sq. ft. with public sewer and water
Max. Density
3 dwelling units per acre
Min. Lot Frontage
60 ft.
Max. Building Height
35 ft.
Front Yard Setback
45 ft.
Side Yard Setback
10 ft.
Rear Yard Setback
45 ft.
(f) Additional Regulations.
(1)   Minimum Front Yard Setback Variances. The required front yard setback, on a lot where the new construction or alteration of a building is being considered, may be modified without a variance when the Zoning Inspector determines all of the following standards are met:
A.   That the average front yard setback of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block and on the same side of the street is less than the minimum front yard setback prescribed in the applicable zoning district;
B.   The modified minimum front yard setback must not be less than the average front yard depth of the lots identified in Subsection (a), above, and
C.   The modified minimum front yard setback must not be less than twenty (20) feet in any district.
(2)   Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
 
(Ord. 2021-057. Passed 6-16-21.)   
1103.11 R-3: HIGH DENSITY RESIDENTIAL DISTRICT.
 
(a) Purpose.
This district is established to encourage single family residential development at high densities in areas of existing development of such density and thereby providing a more orderly and efficient extension of public facilities.
 
(b) Permitted Principal Uses
(c) Conditionally Permitted Uses
(1)   Accessory Buildings (Section 1106.10)
(2)   Home Businesses, Limited
(3)   Single-Family Dwellings
(4)   Two-Family Dwellings
 
(1)   Assisted Living Facility (Section 1105.03)
(2)   Bed and Breakfast (Section 1105.11)
(3)   Cemeteries (Section 1105.15)
(4)   Child Day Care Facilities (Section 1105.16)
(5)   Child Day Care Homes, Type A & B (Section 1105.17)
(6)   Home Occupations (Section 1105.27)
(7)   Multifamily Dwellings (Section 1105.40)
(8)   Recreational Facilities, Outdoor (Section 1105.49)
(9)   Religious Institutions (Section 1105.50, Section 1105.23)
(10)   Residential Facilities (Section 1105.51)
(11)   Schools, Public and Private (Section 1105.56)
(12)   Temporary Structures (Section 1106.15)
(13)   Utilities & Associated Structures (Section 1105.65)
 
Where there is a discrepancy between Section 1103.07  and this table, this table will prevail.
 
 
(d) Specially Permitted Uses
None
(e)
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
Single-Family Dwelling: 8,000 sq. ft.
Two-Family Dwelling: 12,000 sq. ft.
Multifamily Dwelling:
• 18,000 sq. ft. for the first 3 dwelling units, plus
•5,000 sq. ft. for each dwelling unit over 3
Max. Density
8 dwelling units per acre
Min. Lot Frontage
50 ft.
Minimum Usage Open Space for Multifamily only
At least 30% of the actual lot area must be devoted to usable open space
Max. Building Height
35 ft.
Front Yard Setbacks
35 ft.
Side Yard Setbacks
10 ft.
Rear Yard Setbacks
30 ft.
 
(f)
Additional Regulations.
(1)   Architectural Review Requirements. The location of some projects may be subject to review for a Certificate of Appropriateness issued by the Architectural Review Board.
(2)   Minimum Front Yard Setback Variances. The required front yard setback, on a lot where the new construction or alteration of a building is being considered, may be modified without a variance when the Zoning Inspector determines all of the following standards are met:
A.   That the average front yard setback of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block and on the same side of the street, is less than the minimum front yard setback prescribed in the applicable zoning district;
B.   The modified minimum front yard setback must not be less than the average front yard depth of the lots identified in Subsection (a), above, and
C.   The modified minimum front yard setback must not be less than twenty (20) feet in any district.
 
(3)   Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
 
(Ord. 2021-057. Passed 6-16-21.)
1103.12 R-2A: EXTENDED HIGH DENSITY RESIDENTIAL DISTRICT.
(a)
Purpose.
This district is established to encourage single family residential development at high densities in areas of existing development of such density and thereby providing a more orderly and efficient extension of public facilities.
 
 
(b) Permitted Principal Uses
(c) Conditionally Permitted Uses
(1)   Accessory Buildings (Section 1106.10)
(2)   Home Businesses, Limited
(3)   Single-Family Dwellings
(4)   Two-Family Dwellings
 
(1)   Assisted Living Facility (Section 1105.03)
(2)   Bed and Breakfast (Section 1105.11)
(3)   Cemeteries (Section 1105.15)
(4)   Child Day Care Facilities (Section 1105.16)
(5)   Child Day Care Homes, Type A & B (Section 1105.17)
(6)   Home Occupations (Section 1105.27)
(7)   Multifamily Dwellings (Section 1105.40)
(8)   Recreational Facilities, Outdoor (Section 1105.49)
(9)   Religious Institutions (Section 1105.50:Section 1105.23)
(10)   Residential Facilities (Section 1105.51)
(11)   Schools, Public and Private (Section 1105.56)
(12)   Temporary Structures (Section 1106.15)
(13)   Utilities & Associated Structures (Section 1105.65)
Where there is a discrepancy between Section 1103.07 and this table, this table will prevail.
 
 
(d) Specially Permitted Uses
None
(e)
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
Single-Family Dwelling: 8,000 sq. ft.
Two-Family Dwelling: 12,000 sq. ft.
Multifamily Dwelling:
• 18,000 sq. ft. for the first 3 dwelling units, plus
•5,000 sq. ft. for each dwelling unit over 3
Max. Density
8 dwelling units per acre
Min. Lot Frontage
50 ft.
Minimum Usage Open Space for Multifamily only
At least 30% of the actual lot area must be devoted to usable open space
Max. Building Height
35 ft.
Front Yard Setbacks
35 ft.
Side Yard Setbacks
10 ft.
Rear Yard Setbacks
30 ft.
 
(f)
Additional Regulations
(1)   Minimum Front Yard Setback Variances. The required front yard setback, on a lot where the new construction or alteration of a building is being considered, may be modified without a variance when the Zoning Inspector determines all of the following standards are met:
A.   That the average front yard setback of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block and on the same side of the street is less than the minimum front yard setback prescribed in the applicable zoning district;
B.   The modified minimum front yard setback must not be less than the average front yard depth of the lots identified in Subsection (a), above, and
C.   The modified minimum front yard setback must not be less than twenty (20) feet in any district.
 
(2)   Home Businesses, Limited. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
 
(Ord. 2021-057. Passed 6-16-21.)
1103.13 R-4: MULTIFAMILY RESIDENTIAL DISTRICT.
(a)
Purpose.
This district is established to encourage high density residential development in areas served with central sewer and water, readily accessible to arterial streets and community facilities necessary to support such a density. This District permits single family, two family and multifamily dwellings.
 
 
(b) Permitted Principal Uses
(c) Conditionally Permitted Uses
(1)   Accessory Buildings (Section 1106.10)
(2)   Home Businesses, Limited
(3)   Single-Family Dwellings
(4)   Two-Family Dwellings
 
 
(1)   Apartment Complexes (Section 1105.02)
(2)   Assisted Living Facility (Section 1105.03)
(3)   Bed and Breakfast (Section 1105.11)
(4)   Cemeteries (Section 1105.15)
(5)   Child Day Care Facilities (Section 1105.16)
(6)   Child Day Care Homes, Type A & B (Section 1105.17)
(7)   Home Occupations (Section 1105.27)
(8)   Homeless/Emergency Shelters (Section 1105.28)
(9)   Hospitals (Section 1105.29)
(10)   Multifamily Dwellings (Section 1105.40)
(11)   Parking Lots and Garages (Not Accessory to a Use) (Section 1105.45)
(12)   Recreational Facilities, Outdoor (Section 1105.49)
(13)   Religious Institutions (Section 1105.50:Section 1105.23)
(14)   Residential Facilities (Section 1105.51)
(15)   Rooming and Boarding Houses (Section 1105.54)
(16)   Schools, Public and Private (Section 1105.56)
(17)   Temporary Structures (Section 1106.15)
(18)   Utilities & Associated Structures (Section 1105.65)
 
Where there is a discrepancy between Section 1103.07  and this table, this table will prevail.
 
(d)
Specially Permitted Uses
None
 
(e) Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
Single-Family Dwelling: 6,000 sq. ft.
Two-Family Dwelling: 10,000 sq. ft.
Multifamily Dwelling:
• 10,000 sq. ft. for the first 3 dwelling units, plus
• 1,500 sq. ft. for each unit thereafter through 10, plus
•1,000 sq. ft. for units 11 through 20, plus
• 800 sq. ft. for units 21 through, but not to exceed, 36.
Max. Density
36 dwelling units per acre
Min. Lot Frontage
40 ft.
Minimum Usage Open Space for Multifamily only
At least 30% of the actual lot area must be devoted to usable open space
Max. Building Height
60 ft.
Front Yard Setbacks
(Multifamily see (F)(4)
30 ft.
Side Yard Setbacks
(Multifamily see (F)(3)
10 ft.
Rear Yard Setbacks
(Multifamily see (f)(4)
30 ft.
(f)
Additional Regulations
.
(1)   
Architectural Review Requirements.
The location of some projects may be subject to review for a Certificate of Appropriateness issued by the Architectural Review Board.
(2)   
Minimum Front Yard Setback Variances (currently Section 1161.03).
The required front yard setback, on a lot where the new construction or alteration of a building is being considered, may be modified without a variance when the Zoning Inspector determines all of the following standards are met:
A.   That the average front yard setback of at least two (2) existing front yards on lots within two hundred (200) feet of the lot in question and within the same block and on the same side of the street is less than the minimum front yard setback prescribed in the applicable zoning district;
B.   The modified minimum front yard setback must not be less than the average front yard depth of the lots identified in Subsection (a), above, and
C.   The modified minimum front yard setback must not be less than twenty (20) feet in any district.
 
(3)   
Minimum Side Yard Setback of Multifamily Dwellings.
Ten (10) feet, except that where the property abuts a residential district of lower density or a public right-of-way which abuts a residential district of lower density, the minimum side yard requirement is ten (10) feet plus one foot for each two (2) feet in building height in excess of twenty (20) feet above grade.
(4)   
Minimum Front Yard Setback and Rear Yard Setback of Multifamily Dwellings.
Thirty (30) feet plus one for each two (2) feet of building height in excess of two (2) stories above grade.
(5)   
Additional Height for Inclusion of Parking Garage.
A building is permitted to exceed the maximum building height by up to fifteen (15) feet if a parking structure is provided underneath seventy-five percent (75%) of the building's footprint.
(6)   
Home Businesses, Limited.
A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
 
(Ord. 2021-057. Passed 6-16-21.)
1103.14 R-C: HIGH DENSITY MULTIFAMILY-COMMERCIAL DISTRICT.
 
(a) Purpose.
The purpose of this district is to encourage residential development at high densities and allowing compatible commercial and office activities integrally designed into the neighborhood.
 
(b) Permitted Principal Uses
(c) Conditionally Permitted Uses
(1)   Accessory Buildings (Section 1106.10)
(2)   Banks and Financial Institutions (Excluding Drive-Through Facilities)
(3)   Home Businesses, Limited
(4)   Single-Family Dwellings
(5)   Two-Family Dwellings
 
 
 
(1)   Assisted Living Facility (Section 1105.03)
(2)   Banquet Halls (Section 1105.09)
(3)   Bar, Tavern, Night Club, Saloon, and Similar Establishments (Section 1105.10)
(4)   Bed and Breakfast (Section 1105.11)
(5)   Business, Non-retail (Section 1105.13)
(6)   Business, Retail (Section 1105.14:)
(7)   Child Day Care Facilities (Section 1105.16)
(8)   Child Day Care Homes, Type A & B (Section 1105.17)
(9)   Drive-Thru Convenience and Beverage (Section 1105.21)
(10)   Funeral Homes (Without Crematories) (Section 1105.25)
(11)   Home Occupations (Section 1105.27)
(12)   Homeless/Emergency Shelters (Section 1105.28)
(13)   Hospitals (Section 1105.29, Section 1105.30 )
(14)   Medical Marijuana, Dispensaries (Section 1105.34)
(15)   Multifamily Dwellings (Section 1105.40)
(16)   Open Air Markets/Farmers Markets (Section 1105.43)
(17)   Outpatient Addiction Services Facilities (Section 1105.44)
(18)   Parking Lots and Garages (Not Accessory to a Use) (Section 1105.45)
(19)   Recreational Facilities, Indoor (Section 1105.48)
(20)   Recreational Facilities, Outdoor (Section 1105.49)
(21)   Religious Institutions (Section 1105.50:Section 1105.23)
(22)   Residential Facilities (Section 1105.51)
(23)   Restaurants (Section 1105.52)
(24)   Rooming and Boarding Houses (Section 1105.54)
(25)   Schools, Public and Private (Section 1105.56)
(26)   Temporary Structures (Section 1106.15)
(27)   Testing/Experimental/Research Facilities (Section 1105.61)
(28)   Utilities & Associated Structures (Section 1105.65)
Where there is a discrepancy between Section 1103.07 and this table, this table will prevail.
(d)
Specially Permitted Uses
None
 
(e)
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
Single-Family Dwelling: 6,000 sq. ft.
Two-Family Dwelling: 10,000 sq. ft.
Multifamily Dwelling:
• 10,000 sq. ft. for the first 3 dwelling units, plus
• 1,500 sq. ft. for each unit thereafter through 10, plus
•1,000 sq. ft. for units 11 through 20, plus
• 800 sq. ft. for units 21 through, but not to exceed, 36.
Commercial: None Specified
Max. Density
36 dwelling units per acre
Min. Lot Frontage
40 ft.
Minimum Usage Open Space for Multifamily only
At least 30% of the actual lot area must be devoted to usable open space
Max. Building Height
60 ft.
Front Yard Setbacks
(Multifamily see (F)(5)
30 ft.
Side Yard Setbacks
(Multifamily see (F)(4)
10 ft.
Rear Yard Setbacks
(Multifamily see (f)(5)
30 ft.
 
(f)
Additional Regulations
.
(1)
Architecture.
The architectural design of commercial uses must be developed with consideration given to the purposes of this district, and commercial uses must be so designed as to minimize possible disruptive effects on the character of properties abutting residential uses.
(2)   
Architectural Review Requirements.
The location of some projects may be subject to review for a Certificate of Appropriateness issued by the Architectural Review Board.
(3)   
Parking.
Parking for commercial uses is in addition to what is required for the multifamily dwellings. Parking areas must be designed to separate parking oriented to commercial enterprises from parking oriented to the multifamily portions of the structure.
(4)   
Minimum Side Yard Setback of Multifamily Dwellings.
Ten (10) feet, except that where the property abuts a residential district of lower density or a public right-of-way which abuts a residential district of lower density, the minimum side yard requirement is ten (10) feet plus one foot for each two (2) feet in building height in excess of twenty (20) feet above grade.
(5)   
Minimum Front Yard Setback and Rear Yard Setback of Multifamily Dwellings.
Thirty (30) feet plus one for each two (2) feet of building height in excess of two (2) stories above grade.
(6)   
Additional Height for Inclusion of Parking Garage.
A building is permitted to exceed the maximum building height by up to fifteen (15) feet if a parking structure is provided underneath seventy-five percent (75%) of the building's footprint.
(7)   
Home Businesses, Limited.
A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
 
(Ord. 2021-057. Passed 6-16-21.)
1103.15 C-R: COMMERCIAL HIGH DENSITY MULTIFAMILY RESIDENTIAL DISTRICT.
 
(a) Purpose.
The purpose of this district is to encourage commercial development in the areas which have the necessary access to public services and traffic arteries along with residential development where residents can take advantage of close proximity to commercial uses.
 
(b) Permitted Principal Uses
(c) Conditionally Permitted Uses
(1)   Accessory Buildings (Section 1106.10)
(2)   Banks and Financial Institutions (excluding Drive-Through Facilities)
(3)   Banquet Halls
(4)   Bar, Tavern, Night Club, Saloon, and Similar Establishments
(5)   Business, Non-retail
(6)   Business, Retail
(7)   Drive-Thru Convenience and Beverage
(8)   Home Businesses, Limited
(9)   Libraries
(10)   Recreational Facilities, Indoor
(11)   Restaurants
(12)   Schools, Public and Private
 
 
 
 
(1)   Assisted Living Facility (Section 1105.03)
(2)   Automotive Temporary Storage (Including Rentals) (Section 1105.06)
(3)   Banks and Financial Institutions (including Drive-Through Facilities) (Section 1105.08)
(4)   Bed and Breakfast (Section 1105.11)
(5)   Building Materials, Sales Yards, Lumber Yards (Section 1105.12)
(6)   Child Day Care Facilities (Section 1105.16)
(7)   Child Day Care Homes, Type A & B (Section 1105.17)
(8)   Crematories (Section 1105.18:)
(9)   Fraternal Societies (Section 1105.23)
(10)   Funeral Homes (Without Crematories) (Section 1105.25)
(11)   Gasoline Stations (Section 1105.26)
(12)   Home Occupations (Section 1105.27)
(13)   Homeless/Emergency Shelters (Section 1105.28)
(14)   Hospitals (Section 1105.29:Section 1105.30)
(15)   Manufacturing, Heavy (Section 1105.32)
(16)   Manufacturing, Light (Section 1105.32)
(17)   Medical Marijuana, Dispensaries (Section 1105.34)
(18)   Medical Marijuana, Testing Laboratories (Section 1105.36)
(19)   Mixed Use Developments (Section 1105.38)
(20)   Monument Sales and Displays (Section 1105.39)
(21)   Multifamily Dwellings (Section 1105.40)
(22)   Nursery & Greenhouses (No Retail) (Section 1105.41)
(23)   Open Air Markets/Farmers Markets (Section 1105.43)
(24)   Outpatient Addiction Services Facilities (Section 1105.44)
(25)   Parking Lots and Garages (Not Accessory to a Use) (Section 1105.45)
(26)   Recreational Facilities, Outdoor (Section 1105.49)
(27)   Religious Institutions (Section 1105.50:Section 1105.23)
(28)   Residential Facilities (Section 1105.51)
(29)   Rooming and Boarding Houses (Section 1105.54)
(30)   Single-Family Dwellings (Section 1105.58)
(31)   Temporary Structures (Section 1106.15)
(32)   Testing/Experimental/Research Facilities (Section 1105.61)
(33)   Two-Family Dwellings (Section 1105.64)
(34)   Utilities & Associated Structures (Section 1105.65)
(35)   Wholesale Clubs and Stores (Section 1105.67)
Where there is a discrepancy between Section 1103.07 and this table, this table will prevail.
 
 
(d) Specially Permitted Uses
None
 
(e)
Dimensional Regulations
Lot and Building Height Standards
Min. Lot Area
Single-Family Dwelling: 6,000 sq. ft.
Two-Family Dwelling: 10,000 sq. ft.
Multifamily Dwelling:
• 10,000 sq. ft. for the first 3 dwelling units, plus
• 1,500 sq. ft. for each unit thereafter through 10, plus
•1,000 sq. ft. for units 11 through 20, plus
• 800 sq. ft. for units 21 through, but not to exceed, 36.
Commercial: None
Max. Density
36 units per acre
Min. Lot Frontage
40 ft.
Minimum Usage Open Space for Multifamily only
At least 30% of the actual lot area must be devoted to usable open space
Max. Building Height
60 ft.
Front Yard Setbacks
(Multifamily see (F)(3)
30 ft.
Side Yard Setbacks
(Multifamily see (F)(2)
10 ft.
Rear Yard Setbacks
(Multifamily see (f)(3)
30 ft.
 
(f)
Additional Regulations
.
(1)   
Architectural Review Requirements.
The location of some projects may be subject to review for a Certificate of Appropriateness issued by the Architectural Review Board.
(2)   
Minimum Side Yard Setback of Multifamily Dwellings.
Ten (10) feet, except that where the property abuts a residential district of lower density or a public right-of-way which abuts a residential district of lower density, the minimum side yard requirement is ten (10) feet plus one foot for each two (2) feet in building height in excess of twenty (20) feet above grade.
(3)   
Minimum Front Yard Setback and Rear Yard Setback of Multifamily Dwellings
. Thirty (30) feet plus one for each two (2) feet of building height in excess of two (2) stories above grade.
(4)   
Home Businesses, Limited
. A Limited Home Business is a permitted use in any residential dwelling. The Zoning Inspector must review each application as it is submitted to the Community Development Department to determine whether the proposed use is consistent with the Zoning Code. If all of the standards are met, the Zoning Inspector will issue a letter of approval outlining the restrictions on the Limited Home Business.
 
(Ord. 2021-057. Passed 6-16-21.)
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