(a) Artist Live/Work Units.
(1) In a mixed use district, ground floor live/work units may be located in a commercial building or a residential building.
(2) Living space shall be physically integrated into the live/work unit and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance with the other provisions of this section.
(3) Live/work units with less than 2,000 square feet of total floor area are required only one parking space for the unit.
(4) Live/work units on the first floor of a commercial building shall comply with the following:
A. The unit is subject to the development standards for first floor establishments as set forth for the district in which the live/work unit is located, including transparency requirements.
B. The work area shall be located at the front of the unit, with a minimum of 80 percent of the length of the first floor facade of the unit shall be devoted to the nonresidential use.
C. Within each live/work unit, the living area shall not exceed 50 percent of the total floor area of the unit.
(b) Group Home, Large.
(1) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:
A. The resident intends to live at the dwelling on a continuing basis; and,
B. The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.
(2) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's occupancy permit;
(3) Signs or other means of identification as a group home shall not be permitted;
(4) The group home shall meet local fire safety requirements for the proposed use and level of occupancy;
(5) Large group homes shall comply with the following additional requirements:
A. The applicant shall demonstrate that adequate qualified supervision will be provided in the home on a 24 hour per day basis;
B. The applicant shall comply with the applicable parking regulations of the Planning and Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors;
C. In considering whether to grant the conditional use permit, Planning Commission shall take into consideration the proximity and location of other such large group homes within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use;
D. Conversion of an existing dwelling to a large group home shall require that the dwelling be brought into conformity with existing City regulations.
(c) Multi-Family Buildings.
(1) In a mixed use district, multi-family buildings shall be designed to be in proportion to and compatible with the surrounding development in order to advance the goals of Chapter 1185.
(2) In the Town Center Mixed Use District, the concentration and amount of land devoted to multi-family development may be limited in order to maintain a mix of the types and variety of uses necessary to create a vibrant town center district.
(3) Landscaping shall be designed and installed to provide appropriate transition from commercial to residential uses within the district.
(d) Skilled Nursing and Rehabilitation Facility.
(1) Allowable uses.
A. Clinical care services covering short term and long term care and in-patient rehabilitation.
B. Assisted living facilities.
(2) Development standards.
A. Unless otherwise specified below or altered by the Planning Commission, the use shall comply with the development standards of the district in which it is located.
B. The minimum lot area shall be three acres and the minimum lot width shall be 200 feet.
C. Impervious surfaces, including areas devoted to buildings and pavement, shall not occupy more than 60 percent of the lot.
D. The development of the proposed use shall not discourage the development of future uses permitted by right on adjacent property.
(3) Assisted living facility.
A. The facility shall accommodate no more than 32 beds per acre.
B. Personal care services shall include laundry and housekeeping, and shall have at least one staff person on duty 24 hours each day.
C. Assisted living facilities shall include a common dining room capable of accommodating 50 percent of the residents at one sitting and may also provide a mix of service uses to meet the needs of residents including: laundry facilities, lounges, exercise facilities, physical and occupational therapy facilities, and personal services facilities such as a hair salon.
D. All applicable provisions and requirements of the Fire Code shall be met and certification of such compliance by the appropriate official shall accompany the application.
E. As required by the relevant provisions of the Ohio Revised Code, the applicant shall present satisfactory evidence that the proposed facility meets all necessary certification, licensing or approval requirements of any appropriate state agency.
(e) Town House/Attached Single-Family Dwellings.
(1) Project site. The project site shall be comprised of contiguous land that is not less than one acre, nor larger than five acres, with a minimum of 100 feet of frontage.
(2) Dwelling types. Permitted dwelling unit types include single-family detached units and single-family attached units with no more than six units attached in one building.
(3) Maximum density. The gross density shall not exceed seven units per acre.
(4) Lot requirements.
A. Land may, but is not required to, be subdivided into sublots to allow ownership of land for individual dwelling units. If land is subdivided for this purpose, the lot size and shape shall be sufficient to accommodate a dwelling unit in compliance with the spacing requirements of this section, as approved by the Planning Commission.
B. Any land not owned by an individual dwelling unit owner shall be designated as common area and owned and controlled by the owner's association.
C. All fee simple lots, common areas, building site boundaries and building footprints indicating the location of dwelling units and accessory structures such as decks and patios, shall be shown on the development plan. The dimensions of setbacks and spacing between building shall be noted to verify compliance with the spacing requirements of this section.
D. A subdivision plat shall be submitted with the development plan if any of the dwelling units will be constructed on individual lots or as condominium dwelling units.
(5) Minimum spacing between dwellings.
A. In order to ensure reasonable privacy and separation, the spacing between dwellings shall comply with the following:
1. The minimum side yard separation between attached dwellings shall be 12 feet.
2. The minimum rear yard separation between attached dwellings shall be fifty feet.
B. These distances may be reduced if/when the Planning Commission finds that adequate landscaping and screening ensures privacy between units, and that sufficient space is provided for the proper maintenance of the area, and for landscaping (including ground cover) to survive.
C. For the purposes of this section:
1. Living areas include the following rooms or spaces: bedrooms, dens, living rooms, great rooms, etc. Kitchen and dining areas are not subject to these requirements.
2. Primary windows are those windows on the wall of the living area that has the largest amount of area. When two walls have equal window area, either wall may be considered as having the primary windows.
(6) Minimum common open space and common land requirements.
A. Land not designated for individual ownership shall be dedicated as common land.
B. Legal instruments shall grant ownership and require perpetual maintenance of the common land by the developer, homeowners' association or other entity or organization approved by the City prior to [final] approval of the cluster development.
C. A homeowners association which takes title to common land shall comply with requirements for homeowners associations. Further division or development of common land shall be prohibited unless the approved development plan is amended.
(7) The front setbacks for the units attached to each others shall vary a minimum of three feet and a maximum of eight feet from one unit to the next.
(Ord. 2021-7. Passed 1-25-21.)