Working copy of Zoning Ordinance FBC editioII_docx

CITY OF HAMILTON, OHIO
ZONING
ORDINANCE
DEPARTMENT OF COMMUNITY DEVELOPMENT
ADOPTED JUNE 9, 1971
Revised Through: January 19, 2018
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TABLE OF CONTENTS
CONTENTS
SECTION I.............................................................................................................................................................................................................. 5
GENERAL PROVISIONS ..................................................................................................................................................................................... 7
1100.00 PREAMBLE .........................................................................................................................................................................................................7
1102.00
TITLE AND PURPOSE ...............................................................................................................................................................................7
1103.00
ESTABLISHMENT OF USE DISTRICTS AND SUBDISTRICTS : (OR 98-10-102) ............................................................8
1104.00
RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES: ............................................................................................. 10
1105.00
APPLICATION OF DISTRICT REGULATIONS :............................................................................................................................. 11
1106.00
PROVISIONS OF CODE DECLARED TO BE MINIMUM REQUIREMENTS :....................................................................... 11
1107.00
SEPARABILITY CLAUSE : ..................................................................................................................................................................... 11
1108.00
DEFINITIONS ............................................................................................................................................................................................. 13
1109.00
NON-CONFORMING: LOTS, LAND USES AND STRUCTURES ............................................................................................... 39
DISTRICT REGULATIONS .............................................................................................................................................................................. 43
1110.00
RESIDENTIAL DESIGN STANDARDS (OR 2006-5-63) ............................................................................................................ 43
1111.00
COMMERCIAL DESIGN STANDARDS (OR2007-4-31) (REVISED: OR2017-12-131) ................................................. 49
1112.00
GREEN BUILDING DEVELOPMENT INCENTIVE REGULATIONS ........................................................................................ 61
1113.00
SCHEDULE OF DISTRICT REGULATIONS ADOPTED: .............................................................................................................. 65
1114.00
“AG” AGRICULTURAL DISTRICT ...................................................................................................................................................... 67
1115.00
“R-1" SINGLE-FAMILY RESIDENCE DISTRICT ........................................................................................................................... 71
1116.00
"R-2" SINGLE FAMILY RESIDENCE.................................................................................................................................................. 81
1116.100
“R-2A" TWO FAMILY RESIDENCE DISTRICT .............................................................................................................................. 83
1117.00
"R-3" ONE TO FOUR FAMILY RESIDENCE DISTRICT .............................................................................................................. 85
1118.00
"R-4" MULTI-FAMILY RESIDENCE DISTRICT ............................................................................................................................. 89
1118.100
"RPD" RESIDENTIAL PLANNED DEVELOPMENT DISTRICT ............................................................................................... 95
1119.00
"R-0" MULTI-FAMILY RESIDENCE - OFFICE DISTRICT ...................................................................................................... 105
1119.100
"OPD" OFFICE PLANNED DEVELOPMENT DISTRICT .......................................................................................................... 109
1120.00
"B-1" NEIGHBORHOOD BUSINESS DISTRICT .......................................................................................................................... 113
1121.00
“B-2" COMMUNITY BUSINESS DISTRICT................................................................................................................................... 117
1122.00
"B-3" CENTRAL BUSINESS DISTRICT .......................................................................................................................................... 127
1122.100
"BPD" BUSINESS PLANNED DEVELOPMENT DISTRICT ..................................................................................................... 135
1123.00
"I-1" LIMITED INDUSTRIAL DISTRICT ....................................................................................................................................... 141
1124.00
"I-2" INDUSTRIAL DISTRICT ........................................................................................................................................................... 153
1125.00
"IPD" INDUSTRIAL PLANNED DEVELOPMENT DISTRICT (OR 96-6-61) .................................................................. 165
1126.00
ARCHITECTURAL CONSERVATION /HISTORIC DISTRICTS ............................................................................................. 167
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1127.00
NEIGHBORHOOD INITIATIVE AREA CONSERVATION OVERLAY ZONING DISTRICT (EOR 2004-10-105)
183
1128.00
WELLHEAD PROTECTION AREA REGULATIONS (OR 98-10-012) ................................................................................ 191
1129.00
FORM-BASED ZONING DISTRICTS (OR2013-2-22) .............................................................................................................. 199
SPECIAL PROVISIONS .................................................................................................................................................................................. 255
1130.00
SPECIAL PROVISIONS: ....................................................................................................................................................................... 255
1131.00
MISCELLANEOUS PROVISIONS ...................................................................................................................................................... 255
1132.00
"PD" GENERAL PLANNED DEVELOPMENT REGULATIONS.............................................................................................. 263
1136.00
MOBILE HOMES AND MOBILE HOME PARKS ......................................................................................................................... 277
1137.00
OFF STREET PARKING AND LOADING REGULATIONS ....................................................................................................... 281
1138.00
SIGNS.......................................................................................................................................................................................................... 291
1139.00
PERFORMANCE STANDARDS ......................................................................................................................................................... 305
1140.00
FLOOD DAMAGE REDUCTION ........................................................................................................................................................ 309
1141.00
EXTRACTION OF MINERALS ........................................................................................................................................................... 331
1142.00
WIRELESS AND CELLULAR TELECOMMUNICATIONS STRUCTURES AND FACILITIES ...................................... 333
1143.00
HAMILTON-BUTLER COUNTY REGIONAL AIRPORT* REGULATIONS ......................................................................... 345
ADMINISTRATION ........................................................................................................................................................................................ 353
1150.00
ADMINISTRATION AND ENFORCEMENT.................................................................................................................................. 353
1155.00
CONDITIONAL USES............................................................................................................................................................................ 355
1160.00
BOARD OF ZONING APPEALS ......................................................................................................................................................... 359
1170.00
BOARD OF ZONING APPEALS; POWER AND DUTIES .......................................................................................................... 361
1180.00
AMENDMENTS ...................................................................................................................................................................................... 367
1190.00
FEE SCHEDULE (OR 2008-7-68) ................................................................................................................................................. 371
SECTION II ....................................................................................................................................................................................................... 374
SECTION III ..................................................................................................................................................................................................... 374
APPENDIX........................................................................................................................................................................................................ 375
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ORDINANCE NO. 7503
TO REGULATE, RESTRICT AND LIMIT, IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY,
CONVENIENCE, COMFORT, PROSPERITY AND GENERAL WELFARE, THE USES AND LOCATION OF
BUILDINGS AND OTHER STRUCTURES AND OF PREMISES TO BE USED FOR TRADE, INDUSTRY,
RESIDENCE OR OTHER SPECIFIED USES, THE HEIGHT, BULK AND LOCATION OF BUILDINGS AND
OTHER STRUCTURES HEREAFTER ERECTED OR ALTERED, INCLUDING THE PERCENTAGE OF LOT
OCCUPANCY, SETBACK BUILDING LINES, AND THE AREA OF YARDS, COURTS AND OTHER OPEN
SPACES: AND FOR SAID PURPOSES TO DIVIDE THE CITY INTO ZONES OR DISTRICTS OF SUCH
NUMBER, SHAPE AND AREA AS ARE DEEMED BEST SUITED TO CARRY OUT SAID PURPOSES; AND
TO PROVIDE A METHOD OF ADMINISTRATION AND TO PRESCRIBE PENALTIES FOR THE
VIOLATION OF THE WITHIN PROVISIONS, BY REPEALING THE EXISTING ZONING CODE BEING
SECTIONS NO.
1101.01 TO 1109.02 INCLUSIVE OF THE CODIFIED ORDINANCES OF THE CITY OF HAMILTON OHIO,
AND ALL AMENDMENTS THERETO OR SUPPLEMENTS THERETO AND BY ORDAINING SECTIONS
1100.00 TO 1186.00 INCLUSIVE CONSTITUTING THE ZONING ORDINANCE OF THE CITY OF
HAMILTON, OHIO, UNDER THE HEADING "ZONING ORDINANCE OF THE CITY OF HAMILTON, OHIO".
Be it ordained by the Council of the City of Hamilton, Ohio:
SECTION I
That Sections 1101.00 to 1186.00 inclusive to constitute the Zoning Ordinance of the City of Hamilton,
Ohio, are hereby ordained to be and read as follows:
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GENERAL PROVISIONS
1100.00 PREAMBLE
1101.00 An Ordinance establishing comprehensive zoning regulations for the City of Hamilton, Ohio,
and providing for the administration, enforcement and amendment thereof, in accordance with the
provisions of Chapter 713, Ohio Revised Code, and for the repeal of all Ordinances in conflict herewith:
WHEREAS the City Council deems it necessary for the purpose of promoting the health, safety, comfort, morals,
or general welfare of the City to enact such an Ordinance, and
WHEREAS the City Council, pursuant to the provisions of Chapter 713.01 through 713.05, inclusive,
Ohio Revised Code and the Charter of the City of Hamilton, Ohio, has appointed a City Planning Commission,
and
WHEREAS the City Planning Commission has given reasonable consideration to the plans and maps
prepared as a part of the comprehensive planning process, and
WHEREAS the City Planning Commission, pursuant to the provisions of Chapter 713.06 through 713.15,
inclusive, Ohio Revised Code and the Charter of the City of Hamilton, Ohio has framed and adopted a plan for
dividing the municipal corporation or any portion thereof into zones or districts, representing the
recommendations of the Commission, in the interest of public health, safety, convenience, comfort, prosperity
or general welfare, for the limitations and regulation of the height, bulk and location, including percentage of
lot occupancy, setback building lines, and area and dimensions of yards, courts and other open spaces, and the
uses of buildings and other structures and of premises in such districts, and
WHEREAS the City Planning Commission has made a preliminary report and held public hearings
thereof, and submitted its final report to the City Council, and
WHEREAS the City Council has given due public notice of hearings relating to zoning districts,
regulations and restrictions, and has held such public hearings, and
WHEREAS all requirements of Chapter 713 of the Ohio Revised Code and the Charter of the City of
Hamilton, Ohio with regard to the preparation of the report of the Planning Commission and the subsequent
action of the City Council have been met;
NOW, THEREFORE, be it ordained by the Council of the City of Hamilton, Ohio:
1102.00
TITLE AND PURPOSE
1102.10
HAMILTON ZONING ORDINANCE: This Ordinance shall be known and may be cited and
referred to as the "Zoning Ordinance of the City of Hamilton, Ohio”.
1102.20
PURPOSE: The text of the Zoning Ordinance No.7503, the Official Zoning Map and the Official
Wellhead Protection Area Map together with all amendments to said Ordinance No. 7503 and the
aforesaid maps, shall constitute the Comprehensive Zoning Ordinance and regulations for the
incorporated area of the City of Hamilton, Ohio, all of which are adopted to: (OR 98-10-102)
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(1) protect and promote the public health, safety, convenience, comfort, prosperity, or general
welfare;
(2) provide the economic and social advantages which result from an orderly, planned use of land
resources. Such regulations are designed to achieve the following objectives:
1102.21
To promote the achievement of the general plan for the City of Hamilton.
1102.22
To advance the position of the City of Hamilton as a regional center of commerce, industry,
recreation and culture.
1102.23
To provide for desirable, appropriately located living areas in a variety of dwelling types and at
a suitable range of population densities, with adequate provision for sunlight, fresh air and
usable open space.
1102.24
To protect residential, commercial, industrial and civic areas from the intrusions of
incompatible uses, and to provide opportunities for establishments to concentrate for efficient
operation in mutually beneficial relationship to each other and to shared services.
1102.25
To ensure preservation of adequate space for commercial, industrial and other activities
necessary for a healthy economy.
1102.26
To promote safe, fast and efficient movement of people and goods without sacrifice to the
quality of Hamilton's environment, and to provide adequate off street parking.
1102.27
To stabilize expectations regarding future development of Hamilton, thereby providing a basis
for wise decisions with respect to such development.
1102.28
To preserve and enhance the quality of Hamilton's environment.
1103.00
ESTABLISHMENT OF USE DISTRICTS AND SUBDISTRICTS : (OR 98-10-102)
(A)
The City is hereby divided into Use Districts as provided for herein and as shown on the
Official Zoning Map. Subdistricts within the Use Districts for Historic Preservation and the
Wellhead Protection Area may be established pursuant to the provisions herein, including any
supplements or amendments to the Zoning Ordinance No. 7503. The Official Zoning Map and
the Official Wellhead Protection Area Map, together with all data, references, explanatory
material and notations thereon, are hereby adopted and are declared to be a part of Zoning
Ordinance No. 7503. The following provisions shall apply to the Official Zoning Map and the
Wellhead Protection Area Map:
(1)
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Each of the Official Zoning Map and the Official Wellhead Protection Area Map shall be
identified by the signature of the Mayor, attested to by the Clerk of Council, and shall
bear the seal of the City under the following words: “This is to certify that this is the
Official (Zoning or Wellhead Protection Area) Map referred to in Section 1103.00 of Zoning
Ordinance No. 7503 of the City of Hamilton, Ohio.” The date of the adoption of Ordinance
No. 7503, together with all amendments thereto affecting the Official Zoning Map or the
Wellhead Protection Area Map shall also be placed on the each of the aforesaid official
Maps.
1103.50
(2)
If, in accordance with the provisions of the Zoning Ordinance No. 7503, and all
amendments thereto, and Chapter 713, Ohio Revised Code, changes are made in Use
District or Subdistrict boundaries or other matter portrayed on the Official Zoning Map
or the Wellhead Protection Area Map, such changes shall be made thereon promptly
after the amendment has been approved by the City Council, together with an entry on
each Map as follows: “by Ordinance No. OR 98-10-102 adopted on October 14, 1998 by
the City Council, the following change or changes were made in the Official (Zoning Map
or Wellhead Protection Area) Map: (description of change)", which entry shall be signed
by the Mayor and attested by the City Clerk.
(3)
Any unauthorized change of the Official Zoning Map or the Official Wellhead Protection
Area Map of whatever kind by any person or persons shall be considered a violation of
this Zoning Ordinance No. 7503 and punishable under Section 1186.00 herein.
USE DISTRICTS AND SUBDISTRICTS: This Ordinance hereby establishes the following classes of
Use Districts and Subdistricts:
1103.51
Use Districts (OR 96-6-61)
AG
R-1
R-2
R-2A
R-3
R-4
RPD
R-0
OPD
B-1
B-2
B-3
BPD
I-1
I-2
IPD
MS-1
MS-2
MS-3
DT-1
DT-2
DT-3
UCP-1
UCP-2
1103.52
Agricultural District
Single-Family Residence District
Single-Family Residence District
Two Family Residence District
One to Four Family Residence District
Multi-Family Residence District
Residential Planned Development District
Multi-Family Residence and Office District
Office Planned Development District
Neighborhood Business District
Community Business District
Central Business District
Business Planned Development District
Limited Industrial District
Industrial District
Industrial Planned Development District
Main Street Core District
South B Street District
Main Street Transition District
Downtown High Street
Downtown Support District
Downtown East High Street District
University Commerce Park District-1
University Commerce Park District-2
Subdistricts. The following Subdistricts may be established within the Use Districts set forth
in 1103.51 by legislative action of the Council of the City of Hamilton: (OR 98-10-102)
1103.52.1 Historic Preservation Subdistrict. A Historic Preservation Subdistrict may be
created in any Use District and shall be designated by the suffix “HD” added to the
symbol of the parent Use District.
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1103.52.2 Wellhead Protection Area Subdistrict. Specific areas shall be delineated on the
Official Wellhead Protection Area Map for the protection of groundwater resources.
Said areas shall encompass certain territory and shall be identified as one of the
following three, separate time-of-travel zones. Each time-of-travel zone shall be
specifically delineated on the Wellhead Protection Area Map and shall be designated
by one of the suffixes listed below, which applicable suffix shall be added to the
symbol of the parent Use District:
(A)
(B)
(C)
TOT-1
TOT-5
TOT-10
One-Year Time of Travel Zone
Five-Year Time of Travel Zone
Ten-Year Time of Travel Zone
Neighborhood Initiative Area Conservation Overlay Subdistrict. A Neighborhood Initiative
Area Conservation Overlay Subdistrict is hereby created superimposed over the
existing base Use District and is hereby designated by the suffix (NIA) added to the
symbol of the underlying base Use District on the Official Zoning Map. (EOR 200410-105)
1104.00
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RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES:
Where uncertainty exists as to the boundaries of Districts, as shown on the Official
Zoning Map, the following rules shall apply:
1104.10
Boundaries indicated as approximately following the center lines or right-of-way lines of
streets, highways or alleys shall be construed to follow such center lines;
1104.20
Boundaries indicated, as approximately following platted lot lines shall be construed as
following such lot lines;
1104.30
Boundaries indicated approximately following City limits shall be construed as following City
limits:
1104.40
Boundaries indicated as following railroad lines shall be construed to be midway between the
main tracts;
1104.50
Boundaries indicated as following rivers and streams should be construed to follow the
approximate center line of such river or stream, and in the event of change in such river or
stream, should be construed as moving with the actual center line;
1104.60
Boundaries indicated as parallel to, or extensions of, features indicated in Sections 1104.10 or
1104.50 above shall be so construed. Distances not specifically indicated on the Official Zoning
Map shall be determined by the scale of the map;
1104.70
Where the street or property layout existing on the ground is at variance with that shown on
the Official Zoning Map, or in other circumstances not covered by Sections 1104.10 or 1104.60
above, the Board of Zoning Appeals shall interpret the District boundaries in accordance with
Section 1170.30.
1105.00
1105.10
APPLICATION OF DISTRICT REGULATIONS :
Except as hereinafter provided:
No building, structure or land shall hereafter be used or occupied, and no building or structure
or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally
altered unless in conformity with all of the regulations herein specified for the District in which
it is located, except that the Planning Director may administratively permit variances up to a
maximum of 10% from the following requirements as they apply to each district.
Administrative variances may be granted for the following in the case of unusual topography,
where general conditions (similar to the request) exist within a three hundred foot radius, or
odd shaped lots:
(a) Height of a structure
(b)Lot coverage limits
(c) Rear yards, front yards, side yards, or other open spaces, if the minimum separation between
structures, as required in the District regulations, is maintained. (Amended by OR 2001-993)
1105.20
Repealed by OR 2001-9-93
1105.30
No part of a yard, or other space, or off-street parking or loading space required about or in
connection with any building for the purpose of complying with this Code, shall be included as
part of a yard, open space, or off-street parking or loading space similarly required for any
other building, except where permitted.
1105.40
No yard or lot existing at the time of passage of this Code shall be reduced in size or area below
the minimum requirements set forth herein. Yards or lots created after the effective date of this
Ordinance shall meet at least the minimum requirements established by this Code.
1105.50
Within each District, the regulations set by this Code shall be minimum regulations and shall
apply uniformly to each class or kind of structure or land.
1105.60
ZONING ANNEXED TERRITORY: Upon annexation of territory to the existing municipal
corporation of Hamilton, the zoning regulations then in effect shall remain in full force,
administered by the City Manager or Designee, until the legislative authority of the City of
Hamilton shall either officially adopt the existing zoning regulations or enact new regulations
for such territory.
1106.00
PROVISIONS OF CODE DECLARED TO BE MINIMUM REQUIREMENTS :
In their interpretation and application, the provisions of this Code shall be held to be minimum
requirements, adopted for the promotion of the public health, safety, convenience, comfort,
prosperity or general welfare. Wherever the requirements of the Code are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or
covenants, the most restrictive, or that imposing the higher standards, shall govern.
1107.00
SEPARABILITY CLAUSE :
Should any Section, clause or provision of this Code be declared by the courts to be invalid,
the same shall not affect the validity of the Code as a whole or any part thereof other than
the part so declared to be invalid.
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1108.00 DEFINITIONS
The following terms, words and phrases used herein shall have the meanings ascribed
to them in this Section and shall be used in the interpretation of the provisions of this
Zoning Code. The definitions provided herein shall control first. Any terms not defined
in this Zoning Code shall then be subject to the definition as provided elsewhere in the
Codified Ordinances of the City of Hamilton. Words used in the present tense shall
include the future tense; the singular number shall include the plural, and the plural the
singular; the word "person" shall include a firm, association, organization, partnership,
trust, company or corporation; the words "used or occupied" shall include the words
"intended, designed or arranged to be used or occupied"; the word “shall” or "will" is
mandatory; and the word "may" is permissive. Any other words not used and not
defined herein or in the Codified Ordinances of the City of Hamilton shall be construed
as having the commonly accepted meaning as defined in a standard dictionary.
Access: Physical access of a building to a publicly dedicated street not including lot frontages which abut a
highway but have no driveway affording physical access to such highway.
Accessory Use Or Structure: A use or structure subordinate to the principal use of the land or a building on
the same lot and serving a purpose customarily incidental to the principal use or structure.
Addiction Medicine: The field of healthcare which addresses the needs of individuals addicted to
substances of abuse, including alcohol, legal and illicit drugs and others. Addiction medicine may include
but is not limited to: counseling, psychology, social work, psychiatry, internal medicine, and the
administering of medication for treatment purposes. (OR 2014-8-71)
Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture
projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or
fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other
photographic reproductions which are characterized by the depiction or description of specified sexual
activities or specified anatomical areas. (OR 96-8-85)
Adult Book/Video Store: An establishment, having a substantial portion of its stock in trade, books, videos,
magazines, and other periodicals which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to specified sexual activities or specified anatomical areas. (OR 96-8-85)
Adult Business: Any Adult Arcade, Adult Book/Video Store, Adult Cabaret, Adult Drive-in Theater, Adult
Mini Motion Picture Theater, Adult Motel, Adult Motion Picture Theater, Massage Establishment, Nude
Model Studio, Sexual Encounter Establishment, or any other business providing Adult Material, Adult
Entertainment, or Adult Services. (OR 96-8- 85)
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Adult Cabaret: A nightclub, bar, restaurant, "bottle club", or similar commercial establishment, whether or
not alcoholic beverages are served, which regularly features: (OR 96-8-85)
A)
Persons who appear nude or in a state of nudity or semi-nude; or
B)
Live performances which are characterized by the exposure of specified anatomical areas or by
specified sexual activities; or
Films, motion pictures, video cassettes, slides, or other photographic reproductions in which a
substantial portion of the total presentation time is devoted to the showing of material that is
characterized by the depiction or description of specified sexual activities or specified anatomical
areas.
C)
Adult Day Care: A facility providing care for the elderly and/or functionally impaired adults in a protective
setting for a portion of a 24-hour day (OR 2014-9-90)
Adult Drive-In Theater: An outdoor theater, in which a substantial portion of the total presentation time is
devoted to the showing of material distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons
which may not be located on a parcel of property less than five (5) acres. (OR 96-8-85)
Adult Entertainment: Any performance by topless and/or bottomless dancers, strippers or similar
entertainers, where such performances are characterized by the display or exposure of specified
anatomical areas.
(OR 96-8-85)
Adult Material: Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure,
image, description, motion picture film, video, phonographic record or tape, or other tangible thing, that is
distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas. (OR 96-8-85)
Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than fifty (50) persons where
films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in
which a substantial portion of the total presentation time is devoted to the showing of material
distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual
activities or specified anatomical areas for observation by patrons. (OR 96-8-85)
Adult Motel: A motel, hotel, or similar commercial establishment which: (OR 96-8-85)
A)
Offers public accommodations, for any form of consideration, which provides patrons with closedcircuit television transmissions, films, motion pictures, video cassettes, slides or other
photographic reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and which advertises the availability of this sexually
oriented type of material by means of a sign visible from the public right-of-way, or by means of
any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or
leaflets, radio or television; or
B)
Offers a sleeping room for rent for a period of time less than ten (10) hours; or
C)
Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10)
hours.
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Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used for
presenting material distinguished or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities or specified anatomical areas for observation by patrons. (OR 96-8-85)
Adult Service: Any service, capable of arousing sexual interest through sight, sound, or touch, and which
service is distinguished or characterized by an emphasis on specified sexual activities, specified anatomical
areas, sexual excitement, or human bodily functions of elimination. (OR 96-8-85)
Adult Massage: A method of treating or stimulating the external parts of the human body by rubbing,
stroking, kneading, tapping, touching or vibrating with the hand or any instruments for pay. (OR 96-8-85)
Adult Massage Establishment: Any establishment having a fixed place of business where massages are
administered for pay. This definition shall not be construed to include a hospital, nursing home, medical
clinic, or the office of a physician, surgeon, chiropractor, osteopath, or massage therapist duly licensed by
the State of Ohio, or physical therapist duly licensed by the State of Ohio, nor barber shops or beauty salons
in which massages are administered only to the scalp, the face, the neck, or the shoulder. (OR 96-8-85)
Adult Nude Model Studio: Any place where a person, who regularly appears in a state of nudity or displays
specified anatomical areas, is provided for money or any form of consideration to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by other persons. (OR 96-8-85)
Adult Nude Or State Of Nudity: The showing, representation, or depiction of human male or female genitals,
bare buttock, anus, or the areola or nipple of the female breast with less than a full, opaque covering of any
portion thereof below the top of the areola, or of uncovered male genitals in a discernible turgid state.
(OR 96-8-85)
Adult Semi-Nude: A state of dress in which clothing covers no more than the genitals, pubic region, and the
areola of the female breast, as well as portions of the body covered by supporting straps or devices. (OR 968-85)
Adult Specified Anatomical Areas: Less than completely and opaquely covered human genitals, pubic region,
buttock, and female breasts below a point immediately above the top of the areola; human male genitals in a
discernible turgid state even if completely and opaquely covered. (OR 96-8-85)
Adult Specified Sexual Activities: Human genitals in a state of sexual stimulation or arousal; human acts, real
or simulated, of masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio; fondling or other erotic
touching of human genitals, pubic region, buttock, or female breasts; bestiality. (OR 96-8-85)
Agriculture: The tilling of the soil, the raising of domestic animals and fowl, crops, horticulture and
gardening, but not including agricultural industry or business such as fruit packing plants, fur farms, animal
hospitals or similar uses.
Airport: Means any area of land designated and set aside for the landing and taking off of aircraft, including
all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings, and
open spaces, designated for the storage, repair, and operation of aircraft, and utilized or to be utilized in the
interest of the public for such purposes. (OR 00-10-116)
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Airport Hazard: Means any use of land within an Airport Safety Area which obstructs the air space required
for flight of aircraft in landing or taking off at any airport or is otherwise hazardous to such air navigation.
(OR 00-10-116)
Airport Safety Area: Means any area of land adjacent to an airport that includes any of the following
zones: (OR 00-10-116)
Primary Surface - for Runway 11-29 is a 1,000 feet wide surface, longitudinally centered on the runway,
extending 200 feet beyond each usable end of the runway. The elevation of the primary surface is the
same as the nearest point on the runway centerline.
Approach Surface - a surface longitudinally centered on the extended runway centerline and extending
outward and upward from each end of the primary surface. The surface dimensions are based on the type
of approach available, and include the following:
APPROACH SURFACE PROTECTION FOR RUNWAY APPROACH END 29:
Inner approach - commonly known as the Runway Protection Zone (RPZ), or a trapezoid
centered about the extended runway centerline beginning 200 feet beyond the end of the
runway and extending upward and outward with a slope of 50:1 having a horizontal
distance of 2,500 feet, an inner width of 1,000 feet and an outer width of 1,750 feet.
Middle approach - a trapezoid centered about the extended runway centerline beginning at
the outer width of the runway protection zone and extending upward and outward with a
slope of 50:1 having a horizontal distance of 5,650 feet having an outer width of 3,445 feet.
Outer approach - a trapezoid centered about the extended runway centerline beginning at
the outer width of the middle approach surface and extending upward and outward with a
slope of 50:1 having a horizontal distance of 1,850 feet and an outer width of 4,000 feet with
an additional horizontal distance of 40,000 feet at a slope of 40:1 and an outer width of
16,000 feet.
RUNWAY APPROACH END 11
Inner approach - commonly known as the Runway Protection Zone (RPZ), or a trapezoid
centered about the extended runway centerline beginning 200 feet beyond the end of the
runway and extending upward and outward with a slope of 34:1 having a horizontal
distance of 1,700 feet, an inner width of 1,000 feet and an outer width of 1,425 feet.
Middle approach - a trapezoid centered about the extended runway centerline beginning at
the outer width of the runway protection zone and extending upward and outward with a
slope of 34:1 having a horizontal distance of 3,400 feet having an outer width of 2,275 feet.
Outer approach - a trapezoid centered about the extended runway centerline beginning at
the outer width of the middle approach surface and extending upward and outward with a
slope of 34:1 having a horizontal distance of 4,900 feet and an outer width of 3,500 feet.
16
Transitional Surface - Surfaces extending upward and outward at right angles to the runway centerline
and the runway centerline extended at a slope of 7 to 1, from the sides of the primary surface and from
the sides of the approach surfaces. This surface is divided into the following three sections:
Inner-transitional - that part of the transitional surface beginning at the edge of the primary
surface and extending outward and upward to a horizontal distance of 350 feet.
Middle-transitional - that part of the transitional surface beginning at the outer edge of the innertransitional area and extending outward and upward to the horizontal surface.
Outer-transitional - that part of the transitional surface for runway 29 which protects through and
beyond the limits of the conical surface and extends a distance of 5,000 feet measured horizontally
from the edge of the approach surface.
Alcohol and Drug Addiction Treatment Clinics & Facilities, Inpatient: shall mean any business, building,
structure, or land used for the inpatient treatment, counseling, and administering of addiction medicine for
recovery purposes. (OR 2014-8-71)
Alcohol and Drug Addiction Treatment Clinics & Facilities, Outpatient: shall mean any business, building,
structure, or land used for the outpatient treatment, counseling, and administering of addiction medicine
for recovery purposes. (OR 2014-8-71)
Alley: A public or private way not more than thirty (30) feet wide affording only secondary means of access
to abutting property.
Animal Unit: An animal unit is the equivalent of one cow (1.000 pounds) in feed (pasture) consumption, as
defined by The Agronomy Guide Bulletin No. 742 issued by The Ohio Cooperative Extension Services. One
animal unit shall be equivalent to any one of the following: one (1) dairy or beef cow, five (5) ewes, six (6)
sows, one (1) horse, two (2) heifers, or two (2) beef steers. An animal unit shall not include the offspring of
the aforesaid animals that are less than one (1) year of age. (OR 91-9-115)
Antenna: Any system of exterior wires, poles, rods, reflecting discs or similar apparatus designed for the
transmission and/or reception of radio, television, telephonic, and any other electronic communications
devices or services through the sending and/or receiving of electro-magnetic waves or other signals. (EOR 979-105)
Antenna Tower: (including Wireless and Cellular Tower): Any tower-like, freestanding structure that is
designed and constructed primarily for the purpose of supporting one or more antennas, including selfsupporting lattice towers, guy towers, or monopole towers. The term includes radio and television
transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and
alternative tower structures. The term shall exclude hobby-related communications facilities located in
residential districts (i.e. amateur radio antennas, etc.) - see definition of “Wireless and Cellular
Telecommunications Facilities” and “Telecommunication Facilities - Exempt”. (EOR 97-9-105)
Apartment: A room or suite of rooms in a multi-family or multi-use building arranged and intended as a
place of residence for a single family or a group of individuals living together as a single housekeeping
unit.
17
Applicant: Any person or business concern that applies, through the City of Hamilton Planning Department,
for a permit, approval or other authorization for a development plan; use; zoning appeal; certification and
other matters pertaining to this Zoning Ordinance; and for the construction, alteration, or demolition of a
building or structure. (EOR 97-9-105)
Automobile and Other Vehicle Sales: shall mean any business, building, structure, or land used for the
display, sale or rental of new or used motor vehicles in operable condition. Automobile Sales may include
accessory uses including Automotive Service and Minor Repair, and Automobile Wash Facilities. (OR20148-72)
Automobile Or Trailer Sales: An open area other than a street used for the display, sale or rental of new or
used motor vehicles or trailers in operable condition and where no repair work is done.
Automobile Washing Facilities (Car Wash): Automobile washing facilities (car wash) shall mean any
business, building, structure, or land used to wash automobiles as a principle use. (OR2014-8-72)
Automobile Wrecking: The dismantling or disassembling of used motor vehicles or trailers, or the storage,
sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
Automotive Service And Minor Repair: shall mean any business, building, structure, or land used for the
minor repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles limited to a
gross vehicle weight (GVW) of ten thousand (10,000) pounds or less. Examples of service and minor repair
include but are not limited to: dispensing of fuels, oil changes, tire service and sales, light suspension work,
coolant system repair, air conditioning system maintenance and repair, audio, or exhaust system repair.
Automotive Service and Minor Repair uses may include an accessory automated car wash within a
completely enclosed building and shall have a minimum lot size of 40,000 square feet. (OR2014-8-72)
Auto-Sharing Service: An Auto-Sharing Service is a membership based company, organization or
enterprise that provides hourly, daily or similar short-term rental of private passenger motor vehicles
intended for use by paying members. An Auto-Sharing Services may be located on-street.
Auto-Sharing Vehicle: Any private passenger motor vehicle, available to multiple users who are required to
join a membership organization to use such vehicle. Such vehicle includes small trucks routinely used for
private passenger transportation (2.5 tons or less) and passenger vans (2.5 tons or less). It shall not
include cargo vans, large trucks customarily used for commercial purposes, taxis, or detachable trailers.
Bail Bond Agency: Any building, room, space, establishment, facility or portion thereof where licensed bail
bond surety is provided in accordance to State of Ohio Regulations. (OR2013-2-22)
Basement: That portion of a building having part but not more than one-half (½) its height below grade. A
basement is counted as a story for the purpose of height regulations if used for a separate business or
dwelling purpose by other than a janitor employed on the premises. (See Figure 7)
Bed And Breakfast: An owner-occupied, detached, single-family dwelling, where lodging and breakfast only
are provided to transient guests who make use of the facility for a period of less than thirty (30) days. The
provision of lodging and breakfast shall be incidental to the principle use of the structure. (OR 93-3-26)
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Best Management Practices(BMP): This term, as it applies to Wellhead Protection, refers to schedules of
activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or
reduce the pollution of the environment. BMP’s also include treatment requirements, operating procedures,
and practices to control runoff, spills, and leaks. (OR-10-102)
Blanket Approval: Approval by the Federal Aviation Administration (FAA), given to a local jurisdiction, to
waive FAA approval requirements for buildings or structures located within the boundaries of specifically
defined area(s). The waiver of the FAA approval shall only apply if a building or structure does not exceed a
maximum height detailed in an FAA Blanket Approval Agreement for a specifically defined area.
Transmitting devices and/or buildings or structures which exceed the maximum height shall not be included
in a “Blanket Approval” and proof of FAA Approval must be provided before any building permit may be
issued. (EOR 00-10-116)
Block: A tract of land bordered on all sides by streets, or by one or more streets and railroad right-of-way,
stream, river or un-subdivided acreage.
Boarding House: A building other than a hotel where, for compensation and by pre-arrangement for definite
periods, meals, or lodging and meals are provided for five (5) or more persons, but not exceeding twenty
(20) persons.
Brewpub: An establishment that is primarily a restaurant where beer, ale, porter and other fermented malt
beverages is manufactured on the premises as an accessory use. A brewpub may include some off-site
distribution of its manufactured beverages consistent with state law. (OR2013-2-22)
Buffer: A buffer is a strip of land adjacent to the boundary of a property on which is placed plantings or
screening of sufficient height and density to provide visual/physical screening between abutting properties
which differ in use or density. A buffer may be fashioned out of a variety of components provided the result
will create an effective visual screen of a least eight (8) feet in height above the adjacent ground elevation
and with a minimum opaqueness of seventy-five (75%) percent. Where trees or shrubs are utilized, the
minimum height shall be attained within 5 years of planting; the percentage of minimum opaqueness shall
apply to vegetation in full foliage. The following elements, or combination thereof, are acceptable buffer
components: trees, shrubs, or other natural vegetation; earthen mounding or berming; fencing or walls of
natural or manmade materials (but excluding the use of wire, or plastic materials of any type). However,
buffers shall be designed not to obstruct sight lines necessary for safe traffic movement. (OR 96-6-61)
Build-To-Zone: An area in which the front or corner side facade of a building shall be placed; it may or may
not be located directly adjacent to a lot line. The zone dictates the minimum and maximum distance a
structure may be placed from a lot line, in contrast to a setback line. (OR2013-2-22)
Building: Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any
kind.
A)
Building, Height of: The vertical distance from the grade at a building line to the highest point of the
coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest
gable of a pitched or hip roof.
B)
Building Setback Line: A line parallel to the street right-of-way line at any story level of a building
and representing the minimum distance which all or any part of the building is set back from said
right-of-way line.
19
Building Frontage: means the maximum horizontal width of the ground floor of a building that
approximately parallels and faces a public street or right of way. In the case of a building where an
individual occupant’s main entrance faces a driveway or parking lot, the width of the occupant’s ground
floor space facing the occupant’s entrance shall be considered that occupant’s separate and distinct
building frontage. In cases where two or more different tenants occupy the ground floor of a building, the
portion of the building frontage occupied by each tenant will be the tenant’s separate and distinct building
frontage. Corner and through lots shall be considered to have a separate and distinct building frontage on
each street. In cases where multiple buildings on the same lot are occupied by a single occupant the
building frontage of all buildings may be combined in to a single frontage for the purposes of calculating
allowable signage.
Building Restriction Line: A line defining the limits at which suitable buildings may be constructed at or
surrounding the airport. The building restriction line encompasses the runway protection zone, the
primary surface and the inner-transitional surfaces. On or surrounding airport land a building restriction
line has been defined beginning at the primary surface and extending outward to a horizontal distance of
250 feet except where this line intersects with a radius extending 500 feet from the center of the
Automated Surface Observation System Combined Sensor Group, in which case the building restriction line
shall include that radius for all buildings. Additionally, all vegetation located within the building restriction
line shall be limited to ten (10) feet unless the vegetation falls within the limits of other defined criteria
located within this zoning ordinance in which case the lesser of the height limits shall prevail. (EOR 00-10116)
Business Association: A voluntary association of entities engaged in business for profit who have joined
together for the purpose of attaining specified goals and who have adopted a constitution and/or bylaws for
the association. (OR 93-3-17)
BUSTR: Bureau of Underground Storage Tank Regulations. (OR 98-10-102)
Butler County Airport Zoning Board: The Board of County Commissioners of Butler County, Ohio, which
has adopted and will administer and enforce, when and where appropriate, airport zoning regulations
within the Airport Safety Area which is located within the political subdivisions of Butler County, City of
Hamilton, City of Fairfield, West Chester Township, Fairfield Township, St. Clair Township, and Liberty
Township. Such authority of the Board of County Commissioners of Butler County, State of Ohio, is
granted by Chapter 4563 of the Ohio Revised Code. (EOR 00-10-116)
Butler County Airport Zoning Board Of Appeals: The body appointed by the Butler County Airport Zoning
Board for the purpose of hearing and deciding appeals from any order, requirement, decision, or
determination made by the Butler County Airport Zoning Board in the enforcement of its airport zoning
regulations, hearing and allowing, refusing, or allowing with modification or condition, any variance from the
term of the airport zoning regulation, and affirming, reversing, or modifying any order, requirement,
decision, or determination of said Airport Zoning Board. That five (5) member body shall be appointed by
the Airport Zoning Board and shall include one (1) member from each of the following: City of Hamilton, City
of Fairfield, Fairfield Township, and West Chester Township, the fifth member shall be appointed
alternatively from St. Clair Township and Liberty Township. The members of the Zoning Board of Appeals
shall serve for terms of three (3) years, subject to removal as set for in Section 4563.313 of the Ohio Revised
Code. The first members of the board shall be so designated that two shall serve one year, two shall serve
two years, and one shall serve three years.
(EOR 00-10-116)
20
Butler County Airport Zoning Commission: That body appointed by the Butler County Airport Zoning Board
to recommend the boundaries of the various zones and the uses permitted within the Butler County Airport
Zoning Regulations. Said Commission shall include the Butler County Planning Commission members, a
representative from the City of Hamilton, and a representative from the City of Fairfield. (EOR 00-10-116)
Campaign Signs: Any sign supporting, opposing, informing or attempting to influence public sentiment
concerning specific ballot issues, specific candidates for public office regardless of whether nominating
petitions have been filed, or any specific electoral subject matter that will or may be submitted to the
electors at any election. A campaign sign is to be contrasted and distinguished from a political sign which is a
sign that expresses a political message but does not include any form of solicitation of elector action in
connection with the message conveyed. (OR 95-7-65)
Car Title Loan Business: An establishment that makes consumer loans secured by a title to a motor vehicle.
(OR 2014-5-34)
Cash Advance Facility: Any building, room, space, establishment, facility or portion thereof where unsecured,
short-term cash advances are provided, including those made against future pay checks. This does not
include a state or federally chartered bank, savings association, credit union or industrial loan company.
(OR2013-2-22)
Cellar: That portion of a building between floors and ceiling having more than one-half (½) of its height
below grade. (See Figure 6)
Cemetery: Land used or intended to be used for the burial of the human dead and dedicated as a "cemetery"
for such proposes.
CERCLA: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq., Pub. L. 96-510, December 11, 1980), as amended, including as amended, by the Superfund
Amendments and Reauthorization Act (SARA) of 1986 (Pub. L. 99-499, October 17, 1986; 100 Stat. 1613).
All references to CERCLA within this regulation are meant to indicate CERCLA, as amended. (OR 98-10-102)
Check Cashing Facility: Any building, room, space, establishment, facility or portion thereof where checks are
cashed in exchange for a percentage fee. This does not include a state or federally chartered bank, savings
association, credit union or industrial loan company. (OR2013-2-22)
Church Or Synagogue: Place which is operated and maintained by an organized group of people for
religious purposes, including but not limited to, a church, synagogue, rectory, parish house, or other similar
place. (OR 89-4-33)
City: The City of Hamilton, a municipal corporation, in the State of Ohio, acting by and through its City
Council and any of its authorized employees or designees. (OR 98-10-102)
Clear And Convincing Evidence: This term, as used herein, shall mean the measure of proof which will
produce a firm belief as to the allegation sought to be established. (EOR 97-9-105)
Clinic: A place used for the care, diagnosis, and treatment of sick, ailing, infirm and injured persons and
those who are in need of medical or surgical attention, but who are not provided with board, or room, nor
kept overnight on the premises.
21
Club: A non-profit association of persons who are bona fide members, paying regular dues, and are
organized for some common purpose, but not including a group organized solely or primarily to render a
service customarily carried on as a commercial enterprise.
Co-Location: This term, as it applies to Wireless/Cellular Telecommunication Facilities, refers to the process
of providing space for more than one user within such Facility and/or Tower, or the act of placing new or
additional wireless and cellular equipment on existing antennas or towers. (EOR 97-9-105)
Commercial Warehouse: A building or portion thereof used for storage of any property not permitted in
a mini-warehouse or self-service storage facility. This shall not be deemed to include storage in
connection with a purely retail business when located on the same property. (OR 2001-1-2)
Commercial Wireless And Cellular Telecommunication Service Providers/Owners: This term, as it applies
to Telecommunication Facilities, refers to licensed commercial wireless/cellular telecommunication
carriers, service providers, and owners that offer or provide any telecommunications services for a fee
directly to the general public from telecommunications facilities in the City of Hamilton including, but not
limited to, cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), paging and similar services. (EOR 97-9-105)
Computerized Sweepstakes Device: Any Computer, Machine, Game or apparatus which upon insertion of a
coin, token, access number, magnetic card or similar object, or upon payment of anything of value, may be
operated by the public generally for use in a contest of skill, entertainment, amusement or chance whether
or not registering a score, and which provides the user with a chance to win anything of value, on a per play
basis, or any cash payout or anything that could be redeemed, directly or indirectly for any cash payout and
which is not gambling under state or local laws. Machines designated for use by the State Lottery
Commission are not computerized sweepstakes devices for purposes of this Ordinance. (OR2012-2-9)
Conical Surface: A surface extending outward and upward from the periphery of the horizontal surface at a
slope of 20:1 for a horizontal distance of 4,000 feet. (EOR 00-10-116)
Correctional Facility: A facility that provides accommodations for individuals who are legally confined,
including facilities such as prisons, jails, reformatories, etc. (OR 89-4-33)
Court: An open unoccupied and unobstructed space, other than a yard, on the same lot with a building or
group of buildings.
Courtyard: An outdoor area enclosed by a building on at least three sides and is open to the sky. (OR20132- 22)
Dead Storage: Goods not in use and not associated with any office, retail, or other business use on premise.
Radioactive materials, explosives and flammable or hazardous chemicals shall be prohibited. (OR 2001-12)
District: Any section of the City of Hamilton for which the regulations governing the use of buildings and
premises and the height and area of buildings are uniform.
Drive-In Restaurant: Any eating or drinking establishment whose service or facility is designed for food or
drinks to be consumed by persons in vehicles parked on the premises.
22
Dwelling: Any building or portion thereof designed or used exclusively as the residence or sleeping place of
one or more persons, but not including a tent, cabin, trailer, or mobile home, boarding or rooming house,
hotel or motel.
A)
Dwelling, Single-Family: A building designed for or occupied by one family.
B)
Dwelling, Two-Family: A building designed for or occupied by two families.
C)
Dwelling, Multiple: A building or portion thereof designed for or occupied by three or more families.
D)
Dwelling, Group: A group of two or more detached dwellings located on a parcel of land in one
ownership and having any yard or court in common.
E)
Dwelling Unit: One room, or a suite of two or more rooms, designed for or used by one family for
living and sleeping purposes and having a kitchen or kitchenette.
Existing Facility Or Existing Storage Unit: This term, as it applies to Wellhead Protection refers to any facility
or regulated substance storage unit in operation or for which construction commenced on or before the
effective date hereof. Construction of a facility or regulated substance storage unit has commenced if the
owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical
construction; and either:
(1) A continuous on-site, physical construction program has begun; or
The owner or operator has entered into contractual obligations for physical construction of the
facility or regulated substance storage unit which cannot be canceled or modified without substantial
loss. (OR 98-10-102)
Existing Structure - This term, as it applies to Wireless/Cellular Telecommunications Facilities means any
building or other structure, other than a tower, which can be used for location of wireless
telecommunications facilities. (EOR 97-9-105)
Expression Line. An architectural feature consisting of a decorative, three dimensional, linear element,
horizontal or vertical, protruding or indented at least two (2) inches from the exterior facade of a building
typically used to delineate the top or bottom of floors or stories of a building. (OR2013-2-22)
FAA - Shall mean the Federal Aviation Administration and any legally appointed, designated or elected agent
or successor. (EOR 97-9-105)
FCC - Means the Federal Communications Commission and any legally appointed, designated or elected
agent or successor. (EOR 97-9-105)
Facility: This term, as it applies to Wellhead Protection, refers to all contiguous land and related structures,
appurtenances, and improvements on land with the same facility operator. A facility may consist of several
operations. For these purposes, contiguous land shall include land separated by a public right-of-way so long
as such land would otherwise be contiguous. The term facility also includes specific land uses, such as
agriculture or mining, and construction sites. (OR 98-10-102)
23
Facility Operator: This term, as it applies to Wellhead Protection, refers to the person or designee in
possession or control of a facility or regulated substance storage unit, regardless of whether such person is
the owner, lessee, or other possessor. The term also includes contractors or site managers at construction
sites who are responsible for the general management of regulated substances located on site. (OR 98-10102)
Family: A person living alone, or two or more persons related by blood or marriage living together as a
housekeeping unit, and occupying a single dwelling unit; or a group of not more than four (4) persons, who
need not be related by blood or marriage, living together as a housekeeping unit by joint agreement and
occupying a single dwelling unit on a non-profit, cost sharing basis.
Farm Implements Sales: Farm Implements for sale, display, hire or repair, including sales lots. (OR2014-8-72)
Farm Stand: A temporary urban farm structure, not to exceed 200 square feet, accessory to an urban farm for
the display and sale of agricultural products, grown or produced on the same property that the Farm Stand is
located. (OR2013-7-58)
Feed Lot: An area of land for the fattening or finishing of animals, generally beef cattle, in which the stocking
densities - the number of animals per unit of land at a particular time - exceed 6 cattle per acre. (EOR 00-10116)
Filling Station: (service station or gas station) Any building or premises used principally for the
dispensing, sale or offering for sale at retail of automobile fuels or oils.
Financial Institution: A State or Federally chartered bank, credit union, mortgage lender, or savings and loan
association (OR 2014-5-34)
Fish Processing: A factory or other place where fish are prepared for canning, or other commercial uses.
(EOR 00-10-116)
Frontage: All the property on one side of a street or place between two intersecting streets or places
(crossing or terminating) measured along the line of the street or place, or if the street or place is dead
ended, then all the property abutting on one side between an intersecting street or place and the dead end
of the street or place, but not including the dead end of the street.
Garage, Private: An accessory building designed or used for the storage of motor-driven vehicles and/or
other recreational vehicles which are normally associated with the residential use and which are owned by
the occupants of the buildings to which it is accessory. (OR 82-12-70)
Garage, Public: A building or portion thereof, other than a private garage, designed or used for servicing,
repairing, equipping, hiring, selling or storing motor-driven vehicles.
Garage Or Yard Sale: Includes all general sales open to the public, conducted from or on a residential
premise, in any residential zone as defined in this Zoning Ordinance No. 7503, as amended, for the
purpose of disposing of personal property. Personal property is that property which is owned, utilized
and maintained by an individual or members of his or her residence and acquired in the normal course of
living in or maintaining a residence. Personal property does not include merchandise which is purchased
for resale or obtained on consignment. (OR 86-4-24)
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Grade: The average of the finished ground or surface level at the center of all walls of a building.
Groundwater: All the water naturally occurring beneath the surface of the ground, excluding those waters
in underground piping for water, wastewater, and/or storm water distribution/collection systems. (OR 9810-102)
Handcraft Industries, Small-Scale Manufacturing: Establishments manufacturing and/or assembling for
display and sale of products primarily by hand, such as, but not limited to, jewelry, pottery, ceramics, glass,
metal art, woodworking and craft products and works of art. Also includes small-scale manufacturing
establishments producing products such as, but not limited to: soaps, oils, candles, costume novelties;
musical instruments; pens, pencils, and other office and artists’ materials; clothing; toys; candies, snacks,
and craft alcoholic and non-alcoholic beverages, consistent with Ohio State Law (OR 2014-5-34)
Home Occupation: Any occupation which is customarily incidental to the principal use of the premises and
is conducted by a resident occupant.
Horizontal Surface: A horizontal plane located at an elevation of 783 feet Mean Sea Level, the perimeter of
which is constructed by swinging an arc having a horizontal radius of 10,000 feet from the center of each
end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. (EOR 00-10-116)
Hospital: An institution providing health services primarily for in-patient medical or surgical care of the
sick or injured and including related facilities such as laboratories, out-patient department, training
facilities, central service facilities, and staff offices which are an integral part of the facility.
Hotel: A building used as the abiding place of more than twenty (20) persons who are for compensation
lodged with or without meals.
Impervious Site Coverage. The percentage of a lot developed with principal or accessory structures and
impervious surfaces, such as buildings, driveways, sidewalks, and patios. (OR2013-2-22)
Instant Bingo: A game in which the player(s) or participant(s) purchase a preprinted card which conceals
numbers, letters, a pattern or a prize and which reveals, through the removal of concealing paper tabs/flaps
or by scratching the card, number(s), or letter(s), a pattern or prize which can be compared to number(s),
or letter(s), a pattern or prize on the reverse side of the card, and if by such match, the player or participant
wins and collects a prize from the cashier or operator. For the purposes of this Ordinance, this term shall
include tip tickets, break-open tickets, or other similar instant games of chance and which are differentiated
from a traditional bingo game as described in Section 507.01(s) of the Codified Ordinances of the City of
Hamilton.
Institutional: Organizations of instruction or education such as schools and orphanages, as well as licensed
child daycare centers and preschools, whether public or private, except correctional facilities. (EOR2007-316)
Junk Yard: A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed,
disassembled or handled; including auto wrecking yards, house wrecking yards, used material yards, but not
including pawn shops, antique shops, and places for the sale, purchase, or storage of used furniture and
household equipment, used cars in operable condition or salvaged materials incidental to manufacturing
operations.
25
Kennel: Any structure or premises on which five (5) or more dogs over three (3) months of age are kept or
raised for compensation.
Landfill: A place where waste material is disposed by the process of reclaiming areas of the ground.
(EOR 00-10-116)
Large Farm Animal: Animals such as horses, cattle, sheep, pigs and goats. (OR 91-9-115)
Lodging House: A building where lodging only is provided for compensation for five (5) or more, but
not exceeding twenty (20) persons, in contradistinction to hotels open to transients.
Lot: For zoning purposes, as covered by this Ordinance, a lot is a parcel of land of at least sufficient size to
meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open
spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:
A)
A single lot of record;
B)
A portion of a lot of record;
C)
A combination of complete lots of record, of complete lots of record and portions of lots of record or
of portions of lots of record, provided that it is recorded as one lot;
D)
A parcel of land described by metes and bounds description; provided that in no case of division or
combination shall any residual lot or parcel be created which does not meet the requirement of
this Ordinance.
Lot Coverage: That portion of a lot which, when viewed directly from above, would be covered by a building,
or any part of a building (except any area covered by a structure where 50% or more of the perimeter of
such structure is open from grade); and any portion of the lot which is devoted to off-street parking. (See
Figure 1)
Lot Frontage: The front of a lot shall be construed to be the portion nearest the street. For the purpose of
determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be
considered frontage, and yards shall be provided as indicated under yards in this Section. (See Figure 2).
The horizontal distance between the side lot lines, measured at the front lot lines. (OR2013-2-22)
Lot Lines: The lines bounding a lot.
Lot Measurements:
A)
Depth of a lot shall be considered to be the distance between the midpoints of straight lines
connecting the foremost points of the side lot lines in front and the rearmost points of the side lot
lines in the rear. (See Figure 8)
B)
Width of a lot shall be considered to be the distance between straight lines connecting front and rear
lot lines at each side of the lot measured across the rear of the required front yard, provided,
however, that the width between side lot lines at their foremost points (where they intersect with the
street line) shall not be less than 80 percent of the required lot width except in the case of lots on the
turning circle of culs-de-sac, where the 80 percent requirements shall not apply. (See Figure 8)
C)
Area of a lot shall be computed from the area contained in horizontal plane defined by the lot lines.
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Lot Of Record: A lot which is part of a subdivision, the map of which has been recorded in the office of the
County Recorder of Butler County, Ohio, or a lot described by metes and bounds, the description of
which has been recorded in said Office of the County Recorder.
Lot Types:
A)
Corner Lot: A lot located at the intersection of two or more streets. A lot abutting on a curved street
or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side
lot lines to the foremost point of the lot meet at an interior angle of less than 122 degrees. (See
Figures 2 & 11)
B)
Interior Lot: A lot other than a corner lot with only one frontage on a street other than an alley.
(See Figure 2)
C)
Reversed Frontage Lot: A lot in which the frontage is at right angles, or approximately right angles,
to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an
interior lot. (See Figure 2)
D)
Through Lot: A lot other than a corner lot with frontage on more than one street other than an alley.
Through lots with frontage on two streets may be referred to as double frontage lots. (See Figure 2)
Major Auto Repair: shall mean any business, building structure, or land used for the major repair of a
motorized vehicle, whether licensed to circulate on streets or non-licensed for off-street use, which gross
vehicle weight (GVW) is ten thousand (10,000) pounds or more, and regardless of weight, repairs including
the remanufacturing of engines, the rebuilding of transmissions, body-work, frame straightening and paint,
or similar repairs. (OR 2001-3-24) (REVISED: OR2014-8-72)
Medical Marijuana: shall have the same meaning as set out in Ohio Revised Code Section 3796.01(A)(2).
(OR2017-12-132)
Medical Marijuana Cultivation, Processing, or Retail Dispensing: shall mean any business, building,
structure, or land used for the cultivation, processing, or retail dispensing of Medical Marijuana. (OR 20152-14) (REVISED: OR2017-12-132)
Mini-Warehouse (also self-storage facilities, residential storage warehouse): A structure or group of
structures for the dead storage of customer’s goods and wares where individual stalls or lockers are rented
out to different tenants for temporary storage and where no stall is greater than six hundred (600) square
feet of floor space. A single caretaker’s residence may be included. (OR 2001-1-2)
Mobile Home (Including Automobile Trailer): Any vehicle or structure constructed in such a manner as to
permit occupancy thereof as sleeping quarters or the conduct of any business, trade or occupation or use as
a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so
designed that it is or may be mounted on wheels and used as a conveyance on highways and streets,
propelled or drawn by its own or other motor power.
Motel: A series of attached or detached sleeping or living units, for the lodging of transient guests, offered to
the public for compensation, and with convenient access of off-street parking spaces for the exclusive use of
the guests or occupants.
Municipal Or City-Owned Property: Any property which is owned, in fee simple, solely by the City of
27
Hamilton. (EOR 97-9-105)
New Facility Or New Storage Unit: This term, as it applies to Wellhead Protection, refers to any facility or
regulated substance storage unit beginning operation after the effective date of these provisions.
(OR 98-10-102)
Non-Conforming Use: A building, structure or premises legally existing and/or used at the time of adoption
of this Ordinance or any amendment thereof, and which does not conform with the use provisions of this
Ordinance for the District in which the premises are located.
Nursing And Residential Care Facilities: Establishments primarily engaged in providing inpatient nursing,
rehabilitative, and continuous personal care services generally provided for an extended period of time by a
permanent staff of registered and professional nurses along with other personnel. This includes but is not
limited to Hospices, Nursing and Assisted Living Facilities, Mental Retardation, Mental Health and Substance
Abuse Facilities. (EOR2007-3-16)
Nursing Home: shall mean any business, building, structure, or land licensed by the State of Ohio which
provides maintenance, personal care, or nursing to ill, physically infirm, convalescing, or aged persons who
are not related by blood or marriage to the owner/operator. This definition does not include hospitals, clinics
or similar uses that are devoted primarily to the diagnosis and/or treatment of sick or injured individuals.
(OR 2014-8-71)
Occupied Space: Interior building space regularly occupied by the building users. It does not include
storage areas, utility space, or parking. (OR2013-2-22)
Ohio EPA: The State of Ohio Environmental Protection Agency. (OR 98-10-102)
Opacity Buffer: An imaginary vertical plan extending from the established grade to a specifically required
height; a percentage of which shall be visually screened from adjacent property. (EOR2007-3-16)
Open Space: Open space, as related to development, is an area of land or an area of water, or a combination
thereof, that is designed for either environmental, scenic or recreational purposes. Open space may include,
but is not limited to, buffer areas, active and passive recreation areas, wooded areas, water courses, and the
like. Open space shall be substantially free of structures, however, it may contain minor improvements as
are appropriate for the utilization of the open space for recreational purposes. Open space shall not be
deemed to include off-street parking areas, streets, or part of road right-of-way, except in the case of a
roadway median in excess of ten (10') feet in width. (OR 96-6-61)
Park: A public or private area of land, with or without buildings, intended for outdoor active or passive
recreational uses. Including but not limited to the City of Hamilton Complete Parks List. (OR 2014-9-90)
Parking Lot: A parcel of land containing one or more unenclosed parking spaces whose use is principal to
the lot as differentiated from an accessory use, as in a residential lot.
Parking Space: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) motor vehicle,
together with a paved driveway connecting the parking space with a street or alley and permitting ingress
and egress of an automobile.
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Pawnshop: Any building, room, space or portion thereof where business is conducted in part or in whole of
loaning money on the security of pledges of personal property, or deposits or conditional sales of personal
property, or the purchase or sale of personal property. (OR2013-2-22)
Pay Day Lending Facility: Any building, room, space, establishment, facility or portion thereof that provides
loans to individuals in exchange for personal checks as collateral. (OR2013-2-22)
Pedestrianway: A pathway designed for use by pedestrians; it can be located mid-block allowing pedestrian
movement from one street to another without traveling along the block’s perimeter. (OR2013-2-22)
Permanent: This term, as it applies to Wellhead Protection, refers to more than ninety (90) consecutive
days. (OR 98-10-102)
Person: Any individual, firm, co-partnership, corporation, company, association, joint stock association,
or body politic and includes any trustee, receiver, assignee, or other similar representative thereof.
(EOR 00-10-116)
Personal Services: An establishment which offers specialized goods and services purchased frequently
by the consumer such as non-medically related services, including beauty, nail and barber shops;
permanent makeup/cosmetics; clothing rental; dry cleaning drop-off/pick-up stores; laundromats (self
service) laundries; massage services; shoe repair shops; tailors; and tanning salons. (REVISED
OR2015-6-48)
Permanent Makeup/Cosmetics: Cosmetic technique which employs permanent pigmentation of the
skin to resemble makeup, or improve the appearance of birthmarks, scars, burns, or other disfiguring
conditions of the skin. (OR 2015-6-48)
Pesticide: Any substance or mixture of substances intended for preventing, destroying, repelling, or
mitigating any pest as defined in Section 2(t) of the Federal Insecticide, Fungicide, and Rodenticide Act (P.L.
100-64, 100-464, to 100-526 and 100-532); and any substance or mixture of substances intended for use as
a plant regulator, defoliant, or desiccant. This term shall include all fungicides, insecticides, nematicides, or
other substances used for the control of pests. (OR 98-10-102)
Place: An open unoccupied place other than a street or alley permanently reserved as the principal means of
access to abutting property.
Political Subdivision: Any municipal corporation, township, or county. (EOR 00-10-116)
Pond: A small, natural, or manmade body of standing fresh water filling a surface depression, usually smaller
than a lake, where the detention of water takes place. (EOR 00-10-116)
Primary Street: A street that receives priority over other streets in terms of setting front lot lines and locating
building entrances. (OR2013-2-22)
Principal: This term, as it applies to Wellhead Protection, refers to the primary, predominant, or foremost
use or activity at a property, establishment, building, structure or facility. (OR 98-10-102)
Process: This term, as it applies to Wellhead Protection, refers to the incorporation of a regulated substance
into a product. Includes making mixtures, repackaging, or using a regulated substance as a feedstock, raw
29
material, or starting material for making another chemical. (OR 98-10-102)
Public Utility: Persons, corporations or governments supplying gas, electric, water, sewer, transportation or
land line telephone to the general public. For the purposes of this Ordinance, commercial wireless and
cellular telecommunications service facilities shall not be considered public utility uses, and are defined
separately. (EOR 97-9-105)
RCRA: The Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580; 42 U.S.C. 6901 et seq.), as
amended. (OR 98-10-102)
Recreational Amenities: Private, semi-public or public facilities which are intended for the relaxation,
enjoyment and leisure of residents provided, however, that the facilities are not operated for commercial
gain. Examples of recreational amenities may include, but may not be limited to: swimming pools, tennis
courts, golf courses, jogging trails, bike paths, landscaped areas, areas devoted to children's play equipment,
etc. (OR 96-6-61)
Refuse Storage Area: The area including the refuse container, storage enclosure, and surrounding landscaping
for the collection and storage of refuse and/or recyclable materials. (OR 2015-10-83)
Regulated Substances: Those substances regulated under the Wellhead Protection Program as identified in
Chapter 940 of the Hamilton Codified Ordinances. (OR 98-10-102)
Regulated Substance Storage Unit: This term, as it applies to Wellhead Protection, refers to any
underground storage tank, aboveground storage tank, drum, carboy, or other container used for the storage
of one or more regulated substance(s), including silo, bag, tank wagon, box, glass, cylinder, tote bin, and
truck body, rail car, or tanker when used for the permanent or temporary storage of regulated substances.
(OR 98-10-102)
Release: This term, as it applies to Wellhead Protection, refers to the spilling, leaking, pumping, pouring,
emitting, emptying, or dumping of regulated substances upon or into any land or water. Release includes,
without limitation, leakage of such materials from failed or discarded containers or storage systems or units
and disposal of such materials into any on-site sewage disposal system, dry-well, catch basin, or landfill. The
term "release" when used and applied herein does not include the following: (OR 98-10-102)
(A)
Disposal, in accordance with all applicable legal requirements and in accordance with the
requirements of RCRA regulations thereunder, of hazardous wastes in a facility that has received and
maintained all necessary legal approvals for that purpose;
(B)
Disposal or release of any substance in compliance with applicable legal requirements, including
without limitation, the terms and provisions of a valid municipal, State, or Federal permit if such
permits are required by applicable environmental laws;
(C)
Disposal, in accordance with all legal requirements, of any substance to a sanitary sewer system that
has received and maintained all necessary legal approvals for that purpose;
(D)
Disposal, in accordance with all legal requirements, of "sanitary sewage" to subsurface sewage
disposal systems as defined and permitted by state or county health departments;
(E)
Any discharge of a petroleum substance in a quantity less than twenty-five (25) gallons unless such
30
petroleum discharge enters a dry well, storm sewer, or surface water body; or
(F)
Any discharge of hazardous materials listed in SARA Title III or CERCLA when the discharge is less
than twenty-five (25) pounds within a twenty-four (24) hour period in the One (1) and Five (5)Year
Time-Of-Travel Zone, or less than one-hundred (100) pounds within a twenty-four (24) hour period
in the ten (10) year Time-Of-Travel Zone; or
(G)
The application of agricultural chemicals, fertilizers, mineral acids, organic sulfur compounds, etc. as
used in routine agricultural operations and applied under best management practices as indicated by
soil tests, the Ohio State University Cooperative Extension Service, the Soil and Water Conservation
District, and label directions approved by the United States Environmental Protection Agency or the
Ohio Department of Agriculture.
Replacement: This term, as it applies to Wellhead Protection, refers to the physical removal of a regulated
substance storage unit for installation of a new regulated substance storage unit. (OR 98-10-102)
Residential: Providing living accommodations whether temporary or permanent such as dwellings, dwelling
units and residences of any kind, including hotels, motels, rooming houses and tourist homes. (OR 89-4-33)
Residential Facility: A home or facility, as defined and regulated in Section 5123.19 of the ORC as amended,
in which a mentally retarded or developmentally disabled person resides, except the home of a relative or
legal guardian in which a mentally retarded or developmentally disabled person resides, a respite care
home certified under Section 5126.05 of the Ohio Revised Code as amended, a county home or district home
operated pursuant to Chapter 5155 of the Ohio Revised Code as amended, or a dwelling in which the only
mentally retarded or developmentally disabled residents are in an independent living arrangement or are
being provided supported living. (OR 2014-8-71)
Residential Facility, Large: A residential facility where there is supervision in a family setting of six to 16
persons. (OR 2014-8-71)
Residential Facility, Small: A residential facility where there is supervision in a family setting of three to five
persons. (OR 2014-8-71)
Row House: See town house development.
Satellite Earth Station: This term, as used herein means a concave or circular or dish-shaped device
designed for receiving communications or television signals especially using a satellite in the operation.
(EOR 97-9-105)
Screening: A solid fence, barrier, continuous evergreen hedge, or combination thereof which is designed to
visually conceal/shield, and/or physically separate a building, structure or similar object from its
surroundings. (EOR 97-9-105)
School, Primary, Secondary, College Or University: Any school having regular sessions with regularly
employed instructors teaching subjects which are fundamental and essential for a general academic
education, under the supervision of, and in accordance with, the applicable statutes of the State of Ohio.
School, Vocational And Technical: One which teaches the development of basic manipulative skills, technical
knowledge, and occupational information for the purpose of training persons for employment in trade,
industrial, technical, and other occupational pursuits, and for upgrading skills or retraining for new skills.
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Self-Service Uses: Self-service laundries, dry cleaners, pumping of gasoline as an accessory use to
convenience or grocery store and similar uses. (OR2014-8-72)
Semi-Pervious Surface: Also referred to as semi-pervious material. A material that allows for at least 40
percent absorption of water into the ground or plant material, such as pervious pavers, permeable asphalt
and concrete, or gravel. (OR2013-2-22)
Sewage Pond: A shallow pond where sunlight, bacterial action, and oxygen work to purify wastewater.
(EOR 00-10-116)
Sexual Encounter Establishment: A Sexual Encounter Establishment is a business or commercial
establishment that, as one of its principal business purposes, offers for any form of consideration a place
where two or more persons may congregate, associate, or consort for the purpose of engaging in
specified sexual activities. (OR2016-5-36)
Sign means any visual communication device using letters, words, numbers, symbols, pictures, objects, or
illumination, whose primary function is to attract the attention, or convey visual information about a product,
service, business or event, to a person within a right of way or not on the premises where the device is
located. Signs shall only describe or direct attention to a product, service, business or event produced,
provided, conducted, sold, offered, or performed on the same premises on which the sign is displayed.
(Revised: OR2014-11-99)
Sign Area: means the total area of the sign used to convey significant visual information including
background but excluding all materials, which do not convey significant information and primarily function
as structural support for the sign, or as architectural elements or architectural decoration on a building. Only
one side of a double-faced sign (covering the same subject) will be used when calculating area if the sign
faces are parallel and no more than 2 feet apart. For irregular signs or signs that do not have defined display
areas (such as letters placed against a window or a wall), the area shall be calculated on the smallest
rectangle, polygon, or circle that will frame the copy area of the sign.
Sign-Building Marker: means a sign permanently attached to a building fashioned from metal or stone
indicating the name of the building, date of construction, or other historical information, without advertising.
Sign-Changeable Copy: mean permanent signs including display boxes affixed to a wall or the ground, on
which the copy is changed manually, or electronically.
Sign-Conforming: means a sign, which meets all the provisions of this ordinance.
Sign-Directional: means a sign directing the public to on-site facilities such as restrooms, parking, telephones,
exits, entrances, or deemed necessary to regulate traffic flow.
Sign-Free Expression: means a sign, which expresses an opinion but does not advertise a product, service,
event, or commodity and includes temporary signs, which promote a candidate or issue related to an
election.
Sign-Freestanding: means a sign supported by its own structure anchored in the ground independent from a
building or other structure including, pole signs and monument signs.
Sign-Interior: means a sign mounted inside a building and more than 2 feet from the interior surface of any
32
window.
Sign-Legal Non-Conforming: means a sign which does not comply with this Chapter but which was in
compliance with the requirements of the sign ordinance in effect immediately prior to the adoption of this
Chapter or was characterized as a legal non-conforming sign under such previous ordinance
Sign-Menu Board: means a permanently mounted sign only for the purpose of displaying the bill of fare at a
restaurant or drive-in to on site patrons.
Sign-Permanent: mean a sign allowed by this ordinance to be located on premises for an unlimited period of
time and which is lawfully constructed and maintained in accordance with local building and zoning codes.
Sign-Projecting: means a sign that wholly or partially dependent on a building for support and that projects
more than 15 inches from the face of such building.
Sign-Roof: means a sign mounted on the roof of a building.
Sign-Temporary: means any sign or advertising display which is not permanently erected or permanently
affixed to any structure or building and which is not an electric sign or an internally illuminated sign.
(Revised: OR2014-11-102)
Sign-Wall: means a sign attached parallel to and within 15in. of a wall, painted on wall, or erected on and
confined within the limits of an outside wall of any building our structure. Mansard roofs shall be considered
part of the wall surface.
Sign-Warning: means an on site “no trespassing or “no dumping” sign or signs which warn the public of
construction, excavation, or other hazards, as long as hazard exists.
Sign-Window: means a sign painted on, mounted on, or affixed within 2 feet of, the interior surface of a
window.
Slaughter House: A building or place where animals are butchered for food. (EOR 00-10-116)
Sludge Disposal: The collection and removal of the concentration of solids removed from sewage during
wastewater treatment in conjunction with the use of a spread area. (EOR 00-10-116)
Story: That portion of a building, other than a basement, included between the surface of any floor and the
surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the
ceiling next above it. (See Figure 3)
Story, Ground: Also referred to as ground floor. The first floor of a building that is level to or elevated above
the finished grade on the front and corner facades, excluding basements or cellars. (OR2013-2-22)
Story, Half: A habitable space under a sloping roof which has the line of intersection of roof decking and wall
face not more than three (3) feet above the top floor level, and in which space not more than two-thirds
(2/3) of the floor area is finished off for use. A half-story containing independent apartment or living
quarters shall be counted as a full story. A story either in the base of the building, partially below grade and
partially above grade, or a story fully within the roof structure with transparency facing the street. (OR20132-22)
33
Story, Upper: Also referred to as upper floor. The floors located above the ground story of a building.
(OR2013-2-22)
Street: A publicly dedicated thoroughfare serving as the principal means of access to abutting property.
Street Face: The facade of a building that faces a public right-of-way. (OR2013-2-22)
Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street.
Structure: Anything constructed or erected, the use of which requires permanent location on the ground or
which is attached to something having a permanent location on the ground.
Structural Alterations: Any change in the supporting members of a building, such as bearing walls or
partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Sweepstake/Internet Cafe: Any premises upon which a computerized sweepstakes device is located for the
use or entertainment of the public, whether or not such premises has other business purposes of any nature
whatsoever. (OR2012-2-9)
Tattoo/Piercing Shops: An establishment that practices one or more of the following 1) places designs,
letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances
that result in the permanent coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin; 2) creation of an opening in the body of a person for the purpose
of inserting jewelry or other decoration. This definition does not include permanent makeup/cosmetics.
(REVISED OR2015-6-48)
Temporary: This term, as it applies to Wellhead Protection, refers to a period of ninety (90) consecutive
days or less. Storage of regulated substances and individual storage units containing such substances that
are used on site as part of regular business operations are not considered temporary storage. (OR 98-10102)
Time Of Travel Zone (TOT): This term, as it applies to Wellhead Protection, refers to the advective travel
time for contaminants to flow through an aquifer and reach a well or well field (OR 98-10-102)
Town House Development: A structure containing three (3) or more attached single-family dwellings in a
continuous row, each such dwelling designed and erected as a unit on an individual lot and separated from
adjoining units by an approved masonry wall or walls.
Trailer: (See mobile home)
Trailer Park – Mobile Home Park: Any lot or part thereof, or any parcel of land which is used or offered
as a location for two (2) or more trailers used for any purpose set forth in the definition of mobile home.
Transfer Station: Any site, location, tract of land, installation or building that is used or intended to be used
primarily for the purpose of transferring solid wastes that are generated off the premises of the facility from
vehicles or containers into other vehicles or containers for transportation to a solid waste disposal facility.
The term does not include any facility that consists solely of portable containers that have an aggregate
volume of 50 cubic yards or less, nor any facility where legitimate recycling activities are conducted. (EOR
00-10-116).
34
Transparency: The measurement of the percentage of a facade that has highly transparent, low-reflectance
glass including muntins, mullions, transoms, and sashes. Glass and applied films should have a visible light
transmittance (VLT) of 70% or higher and a visible light reflectance (VLR) of 11% or less. (OR2013-2-22)
Unoccupied Commercial Building: "Unoccupied commercial building" means any building, including the
land on which it is situated, which was once used, is now being used, or is intended to be used for
wholesale, retail, commercial or other business occupancy within which a particular wholesale, retail,
commercial, or other business use has voluntarily or involuntarily ceased or otherwise been discontinued
or abandoned by the occupant. (OR 91-10-131)
Underground Storage Tank (UST): This term, as it applies to Wellhead Protection, refers to one or any
combination of tanks, including the underground pipes connected thereto, that are used to contain an
accumulation of regulated substances the volume of which, including the volume of the underground pipes
connected thereto, is ten percent (10%) or more beneath the surface of the ground. For the purposes herein,
the term does not include: (OR 98-10-102)
(A)
Pipeline facilities, including gathering lines, regulated under the “Natural Gas Pipeline Safety Act of
1968", 82. Stat, 720, 49 U.S.C.A. 2001, as amended;
(B)
Surface impoundments, pits, ponds, or lagoons;
(C)
Storm or waste water collection systems;
(D)
Flow-through process tanks;
(E)
Septic tanks;
(F)
Storage tanks located in underground areas when the tanks are located on or above the surface of the
floor and the integrity of the tank is periodically visually evaluated; or
(G)
Liquid traps or associated gathering lines directly related to oil or gas production or gathering
operations.
Urban Farm: A zoning lot, as defined in this article, up to one acre of land, used to grow and harvest
agricultural products for personal or group use including commercial purposes. (OR2013-7-58)
Use Or Otherwise Use: This term, as it applies to Wellhead Protection, refers to the handling, transfer,
processing, packaging, treatment, emission, discharge or disposal of regulated substances at a facility.
(OR 98-10-102)
Vehicle Impound Lot: A parcel of land used as temporary storage; maximum sixty (60) days for vehicles,
including damaged vehicles. No dismantling or disassembling of vehicles is permitted.
(OR 89-4-33)
Visible Basement: A half story partially below grade and partially exposed above with required transparency
on the street facade. (OR2013-2-22)
Visible Light Reflectance (VLR): The percentage of light striking the glazing that is reflected back. It
indicates to what degree the glazing appears like a mirror. (OR2013-2-22)
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Visible Light Transmittance (VLT): The amount of visible light striking the glazing that will pass through it.
Glazings with a high visible transmittance appear relatively clear and provide sufficient daylight.” (OR20132-22)
Water Fowl Production: Any activity or plan which promotes and/or aides the reproduction or breeding of
water fowl species. (EOR 00-10-116)
Water Reservoir: A multipurpose project which may generate hydroelectric power, controls floods,
provides recreational benefits and supplies water. (EOR 00-10-116)
Wellhead Protection Area (WHPA): The surface and subsurface areas supplying water to wells or well fields
through which contaminants are likely to move and reach such wells or well fields. The Wellhead Protection
Area includes the one (1), five (5), and ten (10) year time-of-travel zones. (OR 98-10-102)
Wellhead Protection Program (WHPP): A program established by Section 1428 of the Safe Drinking Water
Act of 1986 (Public Law 93-523) designed to minimize the potential for contamination of groundwater being
used as a source of public drinking water. (OR 98-10-102)
Wildlife Sanctuary: An area of land set aside for, among other purposes, providing a refuge for wildlife
species, or a small area in private ownership for breeding purposes. (EOR 00-10-116)
Wireless And Cellular Alternative Tower Structure: An alternative design mounting structure that is used to
camouflage or conceal the presence of antennas or towers including man-made trees, clock towers, bell
steeples, light poles and similar. (EOR 97-9-105)
Wireless And Cellular Telecommunications Equipment : - Any antenna, satellite dish, or other
communication devices and/or equipment which is used for transmitting, receiving, or relaying
communications signals, except as such equipment has been preempted from regulation by the
Telecommunications Act of 1996 (P.L. 104-104), as amended. (EOR 97-9-105)
Wireless And Cellular Telecommunications Equipment Building Or Shelter: Any structure located on a
Wireless/Cellular Telecommunications Tower site which houses the electronic receiving and relay
equipment for a Wireless/Cellular Telecommunications Facility. (EOR 97-9-105)
Wireless And Cellular Telecommunication Facilities: Any cables, wires, lines, wave guides, antennas,
microwave dishes, horns, and any other equipment associated with the transmission or reception of
communications as authorized by the Federal Communications Commission (FCC). Telecommunication
Facilities also includes towers or similar structures supporting said equipment, equipment buildings,
parking areas, and other accessory development. However, the term “Wireless and Cellular
Telecommunication Facilities” shall NOT include those telecommunications facilities defined as exempt
under the provisions of Chapter 1142.00. (EOR 97-9-105)
A)
36
Height of a Wireless/Cellular Telecommunications Facility - when referring to a tower or other
structure, the distance measured from ground level to the highest point on the tower or other
structure even if said highest point is an antenna.
Yard: A required open space unoccupied and unobstructed by any structure or portion of a structure from
thirty (30) inches above the general ground level of the graded lot upward, provided however, that fences,
walls, lighting standards, statue-like objects and vegetation may be permitted in any yard subject to height
limitations as hereinafter indicated.
A)
Yard, Front: A yard extending between lot lines which intersect a street line, the depth of which is
the horizontal distance between the street right-of-way line and a line on the lot which is at all
points equidistant from and parallel to the street right-of-way line. (See Figures 2 and 12)
In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates
otherwise, front yards shall be provided on all frontages (See Figure 5). Where one of the front
yards that would normally be required on a through lot is not in keeping with the prevailing yard
pattern, the City Manager or Designee may waive the requirement for the normal front yard and
substitute therefore a special yard requirement which shall not exceed the average of the yards
provided on adjacent lots.
In the case of corner lots which do not have reversed frontage, a front yard of the required depth
shall be provided in accordance with the prevailing yard pattern and a second front yard of half the
depth required generally for front yards in the District shall be provided on the other frontage. (See
Figure 2)
In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on
either frontage, and a second front of half the depth required generally for front yards in the District
shall be provided on the other frontage. (See Figure 2)
In the case of corner lots with more than two frontages, the City Manager or Designee shall
determine the front yard requirements, subject to the following limitations: (1) at least one front
yard shall be provided having the full depth required generally in the district; (2) no other front
yard on such lot shall have less than half the full depth required generally. (See Figure 2)
B)
Yard, Rear: A yard extending across the rear of the lot between inner side yard lines. In the case of
through lots and reversed frontage corner lots, there will be no rear yard. In the case of corner lots
with normal frontage, the rear yard shall extend from the inner side yard line of the side yard
adjacent to the interior lot to the rear line of the half-depth front yard. (See Figure 2)
Depth of required rear yards shall be measured at right angles to a straight line across the lot joining
the rearmost points of the side lot lines or in the case of a dedicated alley, it shall be measured from
the rearmost points of the side lot lines when extended to the centerline of said alley. The forward
rear yard line of a required rear yard shall be parallel to the straight line so established. (See Figure
12)
C)
Yard, Side: A yard extending from the rear line of the required front yard to the rear lot line (See
Figure 2). In the case of through lots, side yards shall extend from the rear lines of the front yards
required. In the case of corner lots with normal frontage, there will be only one side yard, adjacent to
the interior lot. In the case of corner lots with reversed frontage, the yards remaining after the full
and half-depth front yards have been established shall be considered to be side yards. Width of
required side yards shall be measured at right angles to a straight line joining the ends of front and
rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be
parallel to the straight line so established.
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1109.00 NON-CONFORMING: LOTS, LAND USES AND STRUCTURES
1109.10
Intent: Within the Districts established by this Ordinance or amendments that may later be
adopted there exists lots, structures and uses of land and structures which were lawful
before this Ordinance was passed or amended, but which would be prohibited under the
terms of this Ordinance or future amendment.
It is the intent of this Ordinance to permit these non-conformities to continue until they are
removed, but not to encourage their survival. It is further the intent of this Ordinance that
non-conforming uses shall not be enlarged upon, expanded upon, expanded nor extended, nor
be used as a basis for additional structures or uses prohibited elsewhere in the same District.
Structures that are non-conforming due to front, side or rear yard requirements may be
expanded or extended in conformance with this Ordinance. Variances of area width, and yard
requirements may be granted by the Board of Zoning Appeals where necessary and where
such addition does not create an unusual neighborhood building type.
To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in
the plans, construction, or designated use of any building on which actual construction was
lawfully begun prior to the effective date or adoption or amendment of this Ordinance and
upon which actual building construction has been diligently carried on. Actual construction is
hereby defined to include the placing of construction materials in permanent position and
fastened in a permanent manner, and demolition, elimination and removal of an existing
structure in connection with such construction, provided that actual construction work shall
be diligently carried on until the completion of the building involved.
1109.20
Non-Conforming Lots Of Record: In any District in which single-family dwellings are
permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a
single-family dwelling and customary accessory buildings may be erected on any single lot of
record at the effective date of adoption or amendment of this Ordinance. This provision shall
apply even though such lot fails to meet the requirements for area or width, or both, that are
generally applicable in the District, provided that yard dimensions and other requirements
not involving area or width, or both, of lot shall conform to the provisions of Section 1131.10.
1109.30
Non-Conforming Uses Of Land (OR 98-10-102)
(A)
Where, at the effective date of the adoption of, or amendment to, the provisions set
forth herein, lawful use of land exists that is no longer permissible under the
provisions of the Zoning Ordinance No. 7503 as enacted or amended, such use may be
continued, so long as it remains otherwise lawful, subject to provisions of this Chapter.
(B)
Any non-conforming use of land, building, or regulated substance storage unit existing
as of the effective date of adoption of, or amendment to, the provisions set forth herein
and which operates within a Wellhead Protection Area Time-of-Travel Zone is
permitted to continue operation as a non-conforming existing land use, building, or
regulated substance storage unit provided it remains otherwise lawful; complies with
the provisions of Chapter 940 of the Hamilton Codified Ordinances which apply to
existing facilities; and subject to provisions of this Chapter.
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(C)
An existing use made non-conforming solely by application of the Wellhead Protection
provisions set forth herein, including those in Section 1128, shall be treated as nonconforming only as to those uses prohibited by these Wellhead Protection provisions. As
to existing uses not prohibited or otherwise regulated by these Wellhead Protection
provisions, those uses remain conforming such that they may be expanded or otherwise
altered without violation of this Charter Code.
1109.31
No such non-conforming use shall be enlarged or increased, nor extended to occupy a
greater area of land than was occupied at the effective date of adoption or amendment of
this Ordinance;
1109.32
No such non-conforming use shall be moved in whole or in part to any other portion of
the lot or parcel occupied by such use at the effective date of adoption or amendment of
this Ordinance;
1109.33
If any such non-conforming use of land ceases for any reason for a period of six (6)
months, any subsequent use of such land shall conform to the regulations specified by
this Ordinance for the District in which such land is located. (OR 84-11-95) (Amended
OR 2014-5-34)
1109.34
Signs or display devices of uses of land not permitted in a Zoning District shall not be
increased in number nor in size beyond the size allowed for conforming uses in the
District. (OR # 7631 7/12/72)
1109.34.2
For any non-conforming use signs may not be increased in area until all signs
conform to the requirements of Section 1109.341. Any existing sign can be relettered or re-paneled. (OR # 7631 7/12/72)
1109.34.3
Signs for non-conforming uses shall be subject to the amortization provisions of
Section 1138.50 of this Ordinance and shall be allowed to make such changes in
order to comply with Section 1138.50. (OR # 7631 7/12/72).
1109.40
Non-Conforming Structure: If a lawful structure, or structures and premises in combination,
exists at the effective date of adoption or amendment of this Ordinance that would not be
allowed in the District under the terms of this Ordinance, the lawful use may be continued so
long as it remains otherwise lawful, subject to the following provisions:
No such structure may be enlarged or altered in a way that increases its non-conformity.
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1109.42
Should such structure be destroyed by any means to an extent of more than fifty (50)
percent of its replacement cost at time of destruction, it shall not be reconstructed except
in conformity with the provisions of this Ordinance.
1109.43
Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the District in which it is located after it is
moved.
1109.44
SIGNS: Signs that are non-conforming shall be subject to Sections 1109.42 and 1109.43
1109.44.1
For conforming uses, signs that are non-conforming as to area and/or location
shall be subject to the following: (OR #7631 7/12/72)
1. An individual sign or group of signs that are non-conforming may be lettered
or repaneled.
2. An individual non-conforming sign may be replaced by a sign that is reduced
in size by at least twenty-five percent (25%) of the area of the original sign or
replaced by a conforming size sign.
3. For a use with multiple signs, any or all signs may be replaced provided there
is a net reduction in total sign area of at least twenty-five (25%) of the area
of the original sign or signs or replaced by conforming size signs.
4. There shall be no increase in the number of signs until the sign areas are
conforming.
1109.50
1109.44.2
Signs can be increased in area only when all signs for the use are in conformity as
to number and area. (OR # 7631 7/12/72)
1109.44.3
Where a non-conforming use or combination of uses has a non-conforming sign
or signs, the provisions of Section 1109.30 shall prevail. (OR # 7631 7/12/72)
Non-Conforming Uses Of Structure: If a lawful use of a structure, or of structure and premises in
combination, exists at the effective date of adoption or amendment of this Ordinance, that
would not be allowed in the District under the terms of this Ordinance, the lawful use may be
continued so long as it remains otherwise lawful subject to the following provisions:
1109.51
No existing structure devoted to a use not permitted by this Ordinance in the
District in which it is located shall be enlarged, extended, constructed,
reconstructed, moved, or structurally altered except in changing the use of the
structure to a use permitted in the District in which it is located.
1109.52
No additional signs or display devices may be attached to the building or placed on
land outside the building.
1109.53
Any non-conforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time of adoption
or amendment of this Ordinance, but no such use shall be extended to occupy any
land outside such building.
1109.54
If no structural alterations are made, any non-conforming use of a structure, or
structure and premises, may be changed to another non-conforming use provided
that the Board of Zoning Appeals, either by general rule or by making findings in
the specific case, shall find that the proposed use is equally appropriate or more
appropriate to the District than the existing non-conforming use. In permitting
such change, the Board of Zoning Appeals may require appropriate conditions and
safeguards in accord with the provisions of this Ordinance.
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1109.55
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the
regulations for the District in which such structure is located, and any nonconforming use shall not thereafter be resumed.
1109.56
When a non-conforming use of a structure, or structure and premises in
combination, is discontinued or abandoned for six (6) months, the structure, or
structure and premises in combination, shall not thereafter be used except in
conformance with the regulations of the District in which it is located. (OR 84-1195) (Amended OR 2014-5-34)
1109.57
When a non-conforming use status applies to a structure and premises in
combination, removal or destruction of the structure, per Section 1109.42, shall
eliminate the non-conforming status of the land.
1109.60 Repairs And Maintenance: On any building devoted in whole or in part to any non-conforming
use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or
on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not
exceeding ten percent (10%) of the current replacement value of the building, provided that the
cubical content of the building as it existed at the time of passage or amendment of this
Ordinance shall not be increased.
Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof declared to be unsafe by any City Official charged with
protecting the public safety, upon order of such Official.
1109.70 Uses Under Special Permits Not Non-Conforming Uses: Any use for which a special permit has
been issued under prior Ordinance shall not be deemed a non-conforming use, but shall without
further action be deemed a conforming use in such District under the conditions of such permit.
1109.80 Non-Conformity Performance Standards: All uses non-conforming at the time of adoption of this
Ordinance by reason of non-compliance with the provisions concerning performance standards
(Section 1139.00) If not otherwise stipulated by the Board, shall adopt necessary measures to
conform therewith within three (3) years from the effective date of this Ordinance.
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DISTRICT REGULATIONS
1110.00 RESIDENTIAL DESIGN STANDARDS (OR 2006-5-63)
1110.10
Purpose is to establish design standards that encourage neighborhood diversity and higher
quality construction in order to protect property values and maintain similar high character
of community as adjoining properties, and protect real estate from impairment or
destruction of value, while at the same time allow for the use of a variety of building
materials and design options encourage quality residential development and neighborhood
diversity through the use of a variety of building materials and design options while
continuing to provide for housing opportunities for a wide range of economic backgrounds.
Exterior facades provide the impression of the quality of the residential construction as well
as establish the character of the neighborhood. Establishing standards for quality materials
while allowing for design creativity and diversity increases the value of the city’s housing
stock and the image of the community. The ability to require a variety of building materials
and housing styles within a development strengthens visual interest and value over the
typical tract home subdivision.
These standards will apply to all developments that have not received preliminary plat
approval as of the effective date of the adoption of this section of the ordinance or whose
preliminary approval has expired, as well as infill development, accessory buildings,
additions, and alterations obtained after the date of adoption will comply with the design
requirements as herein established.
Within the boundaries of any form-based zone district listed in section 1129.00, in the event
of any inconsistency between the residential design standards in this section 1110.00 and
any provision of the form-based zone districts in section 1129.00, the provisions of section
1110.20 shall apply. (OR2013-2-22)
1110.20
Exterior Wall Finish Materials: All building exterior finishes will be brick, stone, cultured
stone, stucco, wood, cement board, hardy plank, metal or aluminum siding, or glass block or
other material expressly designed as an exterior building finish material.
1110.21
Siding: Vinyl siding with a minimum thickness of .040 inches and meets all other
requirements of ASTM D3679 may be used.
1110.22
Buffering: New residential structures larger than 200-sq.ft. located within 400 feet of
an adjacent existing development will have exterior finish materials that match at a
minimum of 50% on all sides; the residential buildings directly abutting the new
development where the predominant building material on the existing buildings is
masonry construction (i.e. brick, stone, stucco, etc.).
1110.23
Foundations: No more than 40” of poured concrete foundation wall may be exposed.
1110.24
Rear and Side Elevations: The primary material used on the front of the residential
building will determine the predominant finish material for the building. The
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exterior of the residential building will be clad a minimum of 50% on each side of the
building by the predominant finish material.
1110.30
1110.40
1110.25
Building Additions: Additions to existing buildings will have the same ratio of finish
materials as the existing building with a 40% margin of variance.
1110.26
Accessory Buildings: Accessory buildings over 200-sq. ft. in area must have the same
exterior finish material on a minimum of 50% of all sides as the primary exterior
material and approximate color as the front of the existing primary building.
1110.27
Prohibited Exterior Wall Finish Materials: No materials manufactured to be an
underlayment or materials not expressly designed and manufactured as an exterior
finish material will be exposed for a period exceeding 120 days.
Roof: Roofing material can be wooden shake, slate, concrete tile, rubber tile, metal,
fiberglass, asphalt shingles or rolled roof.
1110.31
Roof Pitch: Roof pitch and compatible style shall be consistent on all roof
surfaces of the primary building and on any accessory building over 200-sq. ft.
in area. If matching material is no longer reasonably available the material and
color may be an approximate match.
1110.32
Roll Roofing: No exposed rolled roof will be visible from ground level.
1110.33
Continuity: The same style, type, and color of roof material shall be used on all
roof surfaces of the primary building and on any accessory buildings over 200sq. ft. in area. Fabric, plastic, vinyl or other materials not expressly designed
and manufactured as a component of a permanent roofing system may be used
as a temporary measure for a period not to exceed 120 days.
1110.34
Prohibited Roofing Materials: Fabric, plastic, vinyl or other materials not
expressly designed and manufactured as a component of a permanent roofing
system may be used as a temporary measure for a period not to exceed 120
days.
Primary Entry and Porch: The primary entry of the residence shall face the primary street
frontage. The primary entrance may face a side property line provided it opens onto a porch
that fronts on the primary street along a minimum of 40% of its open perimeter.
Primary Entry of the residence will face the primary street frontage. The primary
entrance may face the side property line provided it opens onto a porch that faces the
primary street along a minimum of 40% of its open perimeter.
Stoops and Steps: Dwelling units without a porch will have a stone, masonry or
concrete stoop or landing at the primary entrance with minimum dimensions of 4 feet
wide by 3 feet deep.
Enclosure Prohibited: Front Porches shall not be enclosed beyond 50% of the exterior
perimeter of said porch other than with approved mesh screening.
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Open Space Beneath Porch Decks: Open areas beneath a front porch will be enclosed
with the materials compatible to the exterior of the house.
1110.50
Garages and Driveways
Side Entry Garages On lots 100-ft. or wider, attached garage entries will not face the
primary street frontage on more than 40% of the homes in each phase of the
subdivision. Garage entrances will be placed at a minimum angle of 45 degrees from
the primary street.
Garage Frontage In all zoning districts attached garages entrances facing the primary
street will not exceed 1/2 of the first floor building frontage unless the garage is setback
a minimum of 2-ft. behind the forward edge of the house (not the forward edge of the
porch).
Garage Protrusion Allowable first floor entries for attached garages that face the
primary street at an angle less than 45 degrees will not protrude more than twelve feet
beyond the forward most edge of the house or porch.
Three Bay Garage Entry Three bay or larger attached garages will not face the primary
street at an angle of less than 45%, unless the third bay is setback a minimum of two feet
behind the first two bays of the garage.
Detached Garages Detached Garages will be setback a minimum of five feet behind the
front edge of the primary building.
Alley Access Where alleys exist or are proposed, garage access will be from the alley.
Driveway Width That part of residential driveways within the required frontyard
setback will not exceed the lesser of 24-ft. in width or 1/3 of the lot frontage on the
street they access.
Curb Cuts Only one curb cut for a drive way will be allowed per property street
frontage unless otherwise authorized by the Public Work Department.
Side Entry Driveways Any new driveway or parking space or addition thereto will be
setback a minimum of 5-ft. from any side property line. Driveways for side entry garages
may be setback a minimum of 3-ft. from the side property line for the width of the garage.
1110.60
Windows
All windows in an elevation will be of the similar style, and material with the same width
of trim and reveal. Exceptions will be made for feature or accent windows such as bay,
rosette, or palladium windows.
Building elevations that front on a street will have one window of the same style as the
windows on the primary frontage for every 400 sq. ft. of that elevation not to include
the gable area.
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1110.70
Anti-Monotony Standards The residential design standards of this section are intended to
ensure that residential construction in the City of Hamilton is varied and interesting in
character and that they provide a variety of housing choices. The following standards shall
apply to all single-family dwellings or buildings containing more than one dwelling unit in
order to prevent monotony of design for residential uses.
A. Buildings on adjoining lots or on opposing lots will not have a similar appearance.
Therefore, no single model or floor plan using the same exterior elevations shall be built on
the first two lots on either side of the subject house or on the three opposing lots directly
across the street, that are the closest to the lot lines of the property in question. (See
illustrations) However, the same model may be built within the restricted area provided a
minimum of three of the following options are incorporated in the exterior design, at least
one of which must be from items 1,2, or 3:
1. Building orientation is rotated a minimum of ninety degrees.
2. Roof configuration is rotated ninety degrees, or a different style of roof is utilized.
3. Different exterior wall materials are used. A mix of materials may be used for example,
brick with horizontal siding, stone with shingles and stucco etc.
4. Different color scheme.
5. Different style of building trim around doors and windows and at corners and eave and
gable lines.
6. Different orientation for garage entry.
7. Difference in architectural feature, for example window & door size and style, addition
of porch and porch size, addition of balconies.
Building elevation drawings or photographs of the surrounding structures will be submitted for
purposes of plan review.
B. Buildings having more than one dwelling unit shall include different floor plans,
staggered alignments with the street, roofline variation, architectural features, or rotated
building orientation in order to achieve variety and visual interest in the buildings.
C. In such cases where attached units, subdivisions, apartment or condominium complexes
seek to replicate a particular architectural style, historic theme, or greater unity of design;
plans may be submitted for review by the Architectural and Historic Design Review Board.
Such plans will include all proposed building elevations, landscaping and proposed signage.
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Measures to Guard Against Building Monotony
Lots restricted from having the same house
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1111.00 COMMERCIAL DESIGN STANDARDS
(OR2007-4-31) (REVISED: OR2017-12-131)
Purpose: The purpose is to establish architectural, landscaping, design, building and site
development regulations that encourage higher quality development and function
in order to protect property values, provide safe and efficient access for the
pedestrian and automobile, and protect real estate from impairment or destruction
of value. These architectural, landscaping, design, building and site development
criteria can encourage quality development through the use of a variety of design
and site techniques while continuing to provide for a wide range of economic
development. These standards will apply to all new commercial, office and retail
building(s) and development(s) that are permitted in any zoning category, as a
permitted use or conditional use, and that have not been submitted for review
before the effective date of the adoption of this ordinance. These regulations will
also apply to all existing commercial, office and retail building(s) and
development(s) that increase or replace the building square footage and/or the
developed area by more than fifty (50) percent. Section 1111.00 will not apply to
properties or buildings located within the Neighborhood Initiative Conservation
Overlay Zoning District or those projects covered by Section 1126.00.
Within the boundaries of any form-based zone district listed in section 1129.00:
(a) The landscaping provisions of section 1111.20 (including the cross- referenced
requirements of section 1137.20) shall apply, except that no landscaping shall be
required in an area of the lot or parcel required to be occupied by a building
pursuant to section 1129; and
(b) The architectural design provisions of section 1111.20 shall not apply; provided
that in the event of any inconsistency between the regulations in this section
1111.20 and any provision of the form-based zone districts in section 1129.00, the
provisions of section 1129.00 shall apply. (OR2013-2-22)
Deviations and Waivers from Section 1111.00:
The Planning Commission shall be authorized to approve waivers or deviations from
the requirements set forth in this section of the Zoning Ordinance. (OR2017-12-131)
1111.20
Landscaping: All non-residential construction shall adhere to the following
landscaping requirements. A Landscaping Plan will be required with all site
plans, showing the proposed landscaping for the site, with all required items
from Section 1111.20.1 and Section 1131.70 being clearly labeled. The
landscaping plan shall also be reviewed by the City Traffic Engineer for sight
distance issues for plantings located in the public right-of-way.
The following landscaping provisions include a ratio relationship between
the number of plantings required, based upon the number of tree(s)
required in Section 1131.70. All bush plants must be a minimum of one (1)
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foot tall at planting and all flowering perennial plants and other plantings
must be a minimum of one (1) foot at planting. The City of Hamilton’s
Planning Director may approve other types of appropriate plantings and
determine their equitable quantity, as required per tree. For every
required tree a corresponding number of plantings or trees, from either a,
b, or c, will be required for each site plan:
a) Bushes: 3 Per Required Tree
b) Flowering Perennials Plants: 6 Per Required Tree
c) Trees: 1 Per Required Tree
1111.20.1.1 If weather conditions preclude tree planting or during the winter
months from November 1st through April 1st of any calendar year, the
developer shall deposit amounts for the required plantings as determined by
the City of Hamilton Municipal Arborist or in his absence a Zoning Official.
(REVISED: OR2017-12-131)
If a project’s main building front is located within five (5) feet of a sidewalk
next to a public roadway, that project can reduce its tree requirement as
specified in Section 1131.70 by fifty (50) percent.
If a structure or development can demonstrate its ability to receive a LEED
(Leadership in Energy and Environmental Design) ‘Silver’ or ‘Gold’
certification from the U.S. Green Build Council (USGBC) within twelve (12)
months of the issuance of occupancy, this project can reduce its landscaping
requirement in Section 1111.20 and Section
1131.70 by seventy-five (75) percent. However, a bond will be required for the
total cost of complying with the City of Hamilton’s landscaping requirements
without any landscaping reductions. If a development, once completed, is
unable to receive a ‘Silver’ or ‘Gold’ rating from the USGBC, that development
will be required to meet the full landscaping requirements in Section 1111.20
within four (4) months from the notification of failure to receive ‘Silver’ or
‘Gold’ rating from USGBC. If the development fails to complete the landscaping
requirements with the four (4) month time frame, the City of Hamilton will use
the bond to complete the landscaping requirements within one (1) year of the
failure to receive ‘Silver’ or ‘Gold’ rating from USGBC.
1111.30
Additional Plan Requirements: All new commercial construction shall adhere to
the following architectural and design regulations. A Colored Elevation Plan will
be required for all site plans showing the proposed architectural design and color
for all sides of the structure(s) and with all required items from Section 1111.31
being clearly labeled and percentage calculations noted. (REVISED: OR2017-12131)
1111.31
Exterior Materials (REVISED: OR2017-12-131)
Principal Building Materials
These types of materials may be used for up to 100% of the exterior wall surface
area. Permitted primary materials include the following materials; brick, wood
“clapboard” type siding, wood composite “clapboard” type siding or cement board
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“clapboard” type siding, stone, tile, glass or concrete which is formed to have a
masonry unit or brick appearance may be used.
If wood “clapboard” type siding, wood composite “clapboard” type siding or cement
board “clapboard” type siding is used for more than 65% of the exterior of the
structure, the remaining 35% of the building shall be required to utilize brick, stone,
or concrete which is formed to have a masonry unit or brick appearance.
Supplementary Building Materials
These types of materials may be used for trim, detailing, and incidental or secondary
wall areas. These secondary materials may not exceed 25% of the exterior wall
surface area. Permitted secondary materials include; architectural grade metals,
EIFS/stucco, glass block, and precast concrete. Only architectural grade materials
shall be used.
Planning staff may authorize the use of secondary building materials on more than
25% of the structure provided the applicant incorporate additional building
improvements and site amenities which enhance the quality of the development. In
doing so, planning staff shall determine that the applicant has sufficiently met two of
the following three provisions:
a) The primary facade of the proposed building most visible to pedestrians and
the right of way include the following:
i. Provision of transparency greater than the requirements of the
zoning ordinance.
ii. Provision of building articulation in excess of the requirements of the
zoning ordinance.
iii. Provision of architectural and design elements that enhance the
aesthetic value of the public experience on the site.
b) Provision of landscaping on the site greater than the requirements of the
zoning ordinance.
c) Provision of public amenities such as green space, recreation space, and
space set aside and specifically designed for the purpose of social interaction
and gathering.
Prohibited Building Materials
Such materials may not be utilized at all. These prohibited materials include; plexiglass, flimsy or synthetic appearing exterior wall materials which include, but are not
limited to, materials such as ribbed, industrial style metal siding, metal siding and
roofing materials, exposed fastener metal wall panels, vinyl siding, T1-11 or other
hard board type materials that are manufactured in sheets. Plain/smooth faced CMU
is also a prohibited material.
Building Material Variations Required
On structures larger than 5,000 square feet, more than one type of permitted
building material is required to be provided on the principal façade of the structure.
1111.31.1
DELETED: (OR2017-12-131)
1111.31.2
Required Building Features: (REVISED: OR2017-12-131)
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Building Entrance(s)
Articulation: Entrances to buildings, including individual tenant spaces within a
building, are required to provide three dimensional recessions or extrusions from the
primary building façade. (OR2017-12-131)
Materials: Building entrances shall incorporate a different building material than the
primary building material used on the primary façade of the structure.
Transparency Requirements: (OR2017-12-131)
Façade Transparency: The elevation of a building shall provide at least thirty-five (35)
percent transparency at the pedestrian level. Side elevations that face a public
roadway or which are highly visible from the right of way shall provide at least thirty
(30) percent window or transparency at the pedestrian level. Transparency is
measured in lineal fashion. (For example, a one-hundred-foot long building elevation
shall have at least thirty-five (35) percent transparency in length.) The installed
height of transparency shall be a minimum height of six (6) feet. Dark tinted glass
beyond 35% darkening or glass manufactured to reflect light shall not be permitted.
(REVISED: OR2017-12-131)
Planning staff may authorize a reduction from the minimum required transparency
threshold on the façade of a building provided the applicant incorporate building
improvements and site amenities which enhance the quality of the development. In
doing, so planning staff shall determine that the applicant has sufficiently met two of
the following three provisions:
a) The primary facade of the proposed building most visible to pedestrians and
the right of way include the following:
i. Provision of transparency greater than the requirements of the
zoning ordinance.
ii. Provision of building articulation in excess of the requirements of the
zoning ordinance.
iii. Provision of architectural and design elements that enhance the
aesthetic value of the public experience on the site.
b) Provision of landscaping on the site greater than the requirements of the
zoning ordinance.
c) Provision of public amenities such as green space, recreation space, and
space set aside and specifically designed for the purpose of social interaction
and gathering.
Articulation of Transparency: Window transparency on building facades that are
longer than 40 feet are required to be separated into individual installations with
intervals occurring at a minimum of one installation for every 20 linear feet of said
façade. (OR2017-12-131)
Exterior Wall Elevations: There shall be no uninterrupted lengths of blank wall longer
than fifty (50) feet. Walls shall be differentiated with recesses, off sets, building height,
variations in rooflines, windows, awnings, and materials. This does not apply to the
service side of the building. (REVISED: OR2017-12-131)
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Rooftop Equipment: All rooftop equipment shall be screened from view on all sides
visible to the general public, by building parapet walls or other building elements
that appear as integral elements of the overall building.
Prohibited Roofing Materials: Fabric, plastic, vinyl or other materials not expressly
designed and manufactured as a component of a permanent roofing system may be
used as a temporary measure for a period not to exceed 120 days.
Sign Materials (OR2017-12-131)
Construction
Signs shall be constructed of low maintenance, quality, and durable materials specified
for exterior use by the manufacturer. The materials used on a sign shall be appropriate
to the setting in which the sign placed.
Commercial Signs
The base of all monument signs associated with a commercial retail / service use or a
commercial office use shall be constructed of brick, stone, or concrete which is formed
to have a masonry unit or brick appearance. If the primary building features brick,
stone, or concrete which is formed to have a masonry unit or brick appearance, the
material used on the base of the sign shall match or be complimentary to the building
material used on the primary structure. EIFS shall not be permitted to be used on more
than 30% of the total façade a monument.
Service Station Canopies and Columns: Canopies, such as those associated with
convenience stores with gasoline sales, must have the same predominate color as
the main building. Columns must be clad in brick, stone, or concrete which is formed
to have a masonry unit or brick appearance. If the primary building features brick,
stone, or concrete which is formed to have a masonry unit or brick appearance, the
material used on the columns shall match the building material used on the primary
structure. (REVISED: OR2017-12-131)
1111.32
Required Site Features (OR2017-12-131)
Refuse Storage Areas -The purpose of these regulations is to ensure the provision
of adequate, convenient and accessible locations for the collection and storage of
refuse and/or recyclable materials within containers and enclosures that are
compatible with surrounding land uses and structures. Refuse and/or recycling
containers shall be required for all residential dwelling units of three or more
dwellings and all non-residential developments in accordance with this Section.
(OR 2015-10-83)
Location: Refuse storage containers shall be located in interior side yards or rear
yards, and must comply with setback requirements for accessory structures.
Accessory Structure Limitation: A refuse storage area developed under these
regulations on a residential property is exempt from the limit of one (1)
accessory structure for zoning purposes.
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Enclosure: All refuse storage containers for three or more dwelling units and all
non-residential developments must be enclosed or screened so as not be visible
from the public right-of-way or publically accessible area. The refuse storage area
enclosure must be enclosed on all sides, one of which includes a gate or door that
can be secured.
Access: Driveways and aisles providing vehicular access between the refuse
storage areas and the public right of way shall be hard surfaced of concrete,
asphalt, or concrete/brick pavers.
Enclosure Materials: The enclosure surrounding the refuse storage area will
match the exterior finish of the principle building and may consist of solid wood,
vinyl fencing or masonry walls.
Enclosure Height: The minimum height of the refuse storage area enclosure shall
be one-foot taller than the container and no taller than eight (8') feet.
Landscaping: The exterior perimeter of the refuse storage area enclosure visible
from the public right-of-way must be landscaped with the exception of the access
point. (REVISED: OR2017-12-131)
Maintenance: Enclosures and landscaping must be maintained in a manner that
protects adjacent properties as well as tenants located on the property from
adverse environmental, health and safety impacts such as noise, odors and
attraction of rodents or other pests. The refuse storage area and surrounding
area will be maintained as initially approved.
1111.50
Fencing: Fences in any front yard area are limited to a height of forty-two (42)
inches. Fences in any side and rear yard areas are limited to a height of ninety-six
(96”) inches. Permitted fence types include: Wood privacy, decorative metal,
wood non-privacy. Fencing requirements are also subject to sight distance
requirements for public right of ways. (OR2017-12-131)
Chain-link style fencing and barbed wire fencing are allowed as a conditional use.
Fences located within a front yard area are allowed as a conditional use.
1111.60
Loading / Unloading Areas: Loading and Unloading areas shall be located in the
rear of the primary structure. Such areas shall not be visible from the right of way.
They shall be screened using a combination of fencing or walls in addition to
landscaping and plantings. In the event that walls are used for screening they shall
utilize a building material that is the same or complimentary to the primary
building material on the primary structure. (OR2017-12-131)
Planning staff may authorize a location other than the rear of the building
provided the applicant incorporate building improvements and site amenities
which enhance the quality of the development. In doing, so planning staff shall
determine that the applicant has sufficiently met two of the following three
provisions:
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a) The primary facade of the proposed building most visible to pedestrians
and the right of way include the following:
i. Provision of transparency greater than the requirements of the
zoning ordinance.
ii. Provision of building articulation in excess of the requirements of
the zoning ordinance.
iii. Provision of architectural and design elements that enhance the
aesthetic value of the public experience on the site.
b) Provision of landscaping on the site greater than the requirements of the
zoning ordinance.
c) Provision of public amenities such as green space, recreation space, and
space set aside and specifically designed for the purpose of social
interaction and gathering.
1111.70
Sidewalk Requirements: All sidewalks must be designed and built to meet the City
of Hamilton’s sidewalk construction and design regulations and be a minimum of
five (5) feet in width.
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1111.70.1 Total Building Square Footage for a development less than fifty thousand(50,000)
square feet: (REVISED: OR2017-12-131)
All non-residential construction that totals less than fifty thousand (50,000) square
feet per development will be required to have a minimum of one (1) sidewalk
connection from a sidewalk located along a public roadway to the entrance of the
primary structure. (A painted crosswalk may only be used for sidewalk crossing
within drive aisles.) If no sidewalk exists along the public roadway(s) the
development must also construct sidewalk(s) along the full length of the site’s
property line(s) abutting public roadways within the existing or proposed public
right-of-way. The sidewalk(s) adjacent to the public roadway(s) shall be setback
one (1) foot from the public right-of-way line. There shall be a minimum five (5)
foot grass strip between the sidewalk and roadway. If on- street parking is provided
along seventy five (75) percent of the roadway the grass strip and the one (1) foot
sidewalk setback requirement will be waived (Sidewalk may be constructed to the
curb). – See Figure 1
Figure 1 Graphic for Section 1111.70.1
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1111.70.2 Total Building Square Footage for a development greater than fifty thousand
(50,000) square feet: (REVISED: OR2017-12-131)
All non-residential construction that totals more than fifty thousand (50,000)
square feet per development will be required to have a minimum of one (1)
sidewalk connection from all sidewalk(s) located along a public roadway to the
entrance of the primary structure. (A painted crosswalk may only be used for
sidewalk crossing within drive aisles.) If only one public roadway is located
adjacent to the development a minimum of two (2) sidewalk connections shall be
required to the entrance of the primary structure. If no sidewalk exists along the
public roadway(s) the development must also construct sidewalk(s) along the full
length of the site’s property line(s) abutting public roadways within the existing or
proposed public right-of-way. The sidewalk(s) adjacent to the public roadway(s)
shall be setback one (1) foot from the public right-of-way line. There shall be a
minimum five (5) foot grass strip between the sidewalk and roadway. If on-street
parking is provided along seventy five (75) percent of the roadway the grass strip
and the one (1) foot sidewalk setback requirement will be waived (Sidewalk may be
constructed to the curb) – See Figure 2a and 2b.
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Figure 2a Graphic for Section 1111.70.2
Figure 2b Graphic for Section 1111.70.2
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1111.70.3
Out Parcels and Separate Buildings for Developments: All out
parcels and separate primary buildings will be required to have a least one (1)
sidewalk connection from its primary entrance to a sidewalk located along a
public roadway. (A painted crosswalk may only be used for sidewalk crossing
within drive aisles.) If no sidewalk exists along the public roadway(s) the
development must also construct sidewalk(s) along the full length of the site’s
property line(s) abutting public roadways within the existing or proposed
public right-of-way. The sidewalk(s) adjacent to the public roadway(s) shall be
setback one (1) foot from the public right-of-way line. There shall be a minimum
five (5) foot grass strip between the sidewalk and roadway. If on street parking
is provided along seventy five (75) percent of the roadway the grass strip and
the one (1) foot sidewalk setback requirement will be waived (Sidewalk may be
constructed to the curb). This requirement doesn’t supersede the requirements
in Section 1111.70.1 and1111.70.2. – See Figure 3
Figure 3 Graphic for Section 1111.70.3
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1112.00 GREEN BUILDING DEVELOPMENT INCENTIVE REGULATIONS
(OR2009-9-82)
1112.10
Purpose: The purpose of this Chapter is to establish incentive based green build
development regulations that encourage higher quality development and function in
order to protect property values, protect real estate from impairment or destruction of
value and improve the sustainability of the built environment. This incentive based
green build criteria can encourage environmentally sensitive development through the
use of a variety of design and site techniques while continuing to provide for a wide
range of economic development. These standards are applicable all new commercial,
office, retail, residential, mixed-use, and industrial building(s) and development(s) that
are permitted in any zoning category, as a permitted use or conditional use, and that
have not been submitted for review before the effective date of the adoption of this
ordinance, except where otherwise indicated. These regulations will also be applicable
to all existing commercial, office, retail, residential, mixed-use, and industrial building(s)
and development(s).
Within the boundaries of any form-based zone district listed in section 1129.00, the
provisions of this section 1112.00 shall apply unless the provisions 1129.00 do not
permit the building, landscaping, or site feature that is the subject of the incentive. The
green building development incentive regulations in this section 1112.00 shall not be
interpreted to allow the construction or installation of any building, landscaping, or site
feature not permitted under section 1129.00. (OR2013-2-22)
1112.11
Green Building: Green Building is the practice of creating structures and using
processes that are environmentally responsible and resource-efficient throughout a
building’s life-cycle from siting to design, construction, operation, maintenance,
renovation and deconstruction.1
1112.12
Waste Reduction And Recycling: Any project that takes advantage of any incentive
offered below shall also facilitate the reduction of waste generated by building
occupants that is hauled to and disposed of in landfills by providing an easily
accessible area that serves the entire building and is dedicated to the collection and
storage of non- hazardous materials for recycling, such as paper, corrugated
cardboard, glass, plastics and metals2, depending upon the nature of solid waste
generated on site.
1112.12.1.1
1
Leadership In Energy And Environmental Design (LEED) Certification Registration
Fee Reimbursement And Building Permit Fee Reimbursement Incentive: Once a
project has received its LEED Certification as defined below from the U.S. Green Build
Council (USGBC) the City of Hamilton will reimburse the USGBC Project Registration
Fee to the developer after receiving official notification of LEED certification.
US Environmental Protection Agency, www.epa.gov/greenbuileding/pubs/about.htm#1
for New Construction and Major Renovations, 2005)
2(LEED
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Projects that receive LEED Silver certification will receive a 20% reimbursement of
the building permit fee, 25% reimbursement for LEED Gold, 30% reimbursement
for LEED Platinum. The reimbursement will be awarded after the building has been
certified by the USGBC.
1112.12.2
Parking Reduction For Landscaping Incentive: All non-residential developments that
adhere to the following landscaping requirements will receive a forty (40%) percent
reduction in the parking requirement otherwise set forth in Section 1137.00 of the
Hamilton Zoning Code. A Landscaping Plan will be required with all site plans,
showing the proposed landscaping for the site with all items clearly labeled. The
landscaping plan shall also be reviewed by the City Traffic Engineer for sight distance
issues for plantings located in the public right-of-way.
1112.12.2.1 The following landscaping provisions include a ratio relationship between the
number of plantings required, based upon the number of tree(s) required in
Section 1131.70 multiplied by two (2). The development should make all efforts to
preserve the current healthy tree population on the project site. All bush plants
must be a minimum of one (1) foot tall at planting and all flowering perennial
plants and other plantings must be a minimum of one (1) foot at planting. The City
of Hamilton’s Planning Director may approve other types of appropriate plantings
and determine their equitable quantity, as required per tree. For every required
tree a corresponding number of plantings or trees, from either a, b, or c, or
combination thereof, will be required for each site plan:
a) Bushes: 9 Per Required Tree
b) Flowering Perennial Plants: 18 Per Required Tree
c) Trees: 2 Per Required Tree
If weather conditions preclude tree planting or during the winter months
from November 1st through April 1st of any calendar year, the developer shall
deposit $250.00 per required tree, $30.00 per required bush, and $10.00 per
required perennial with the City of Hamilton as a security to assure that the
provisions of this Chapter are complied with.
1112.13
Architectural Design “LEED” Silver Or Greater Incentive: If a structure or development
can demonstrate and receive a LEED Silver or greater designation, the project can
reduce its parking requirements otherwise set forth in Section 1137.00 of the Hamilton
Zoning Code by fifty (50 %) percent and will receive and expedited plan review of the
project (See 1112.17). If a project can demonstrate and receive a LEED ‘Silver’ rating or
higher, the Planning Director may waive the Architectural Design requirements in
Section 1111.30 of the Hamilton Zoning Code as to that structure or development.
1112.14
Parking Reduction For Green Roofs Incentive: If the project has fifty (50%) percent
green roof coverage (as defined below) the development can reduce its parking
requirement by fifteen (15%) percent. At a minimum the green roof coverage shall be
at least 1,500 square feet and may or may not be contiguous.
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1112.14.1 Green Roof Definition: The National Roofing Contractors’ Association (NRCA)
defines a green roof system as plantings and/or landscaping installed above a
waterproofed substrate at any building level that is separated from the ground
beneath it by a man-made structure. A green roof system consists of a
waterproofing system and its associated components, such as a protection course,
a root barrier, a drainage layer, thermal insulation and an aeration layer, and an
overburden of growth medium and plantings.
1112.15
Parking Reduction For Permeable Parking Lot Construction Incentive: Parking lots may
be constructed of permeable surfaces but must first be approved by the City of Hamilton
Public Works. Projects that include approved permeable parking lots of all sizes may
reduce the parking requirement otherwise set forth in Section 1137.00 of the Hamilton
Zoning Code by twenty (20%) percent.
1112.16
Stormwater Fee Reduction Incentive: A development, not including single, two and
three family homes, may have its stormwater fees reduced in relation to a reduction in
stormwater runoff, pursuant to the approval of the Public Works Department. Upon
review and approval by the Public Works Department, stormwater fees may be reduced
commensurate to the reduction in stormwater runoff if a project demonstrates to the
satisfaction of the Public Works Department that incentives utilized in this ordinance
result in a reduction of stormwater runoff that produces a benefit for the stormwater
utility.
1112.17
Expedited Building Permit Review: Any project submitted to the City of Hamilton that
takes advantage of and fully complies with all of the requirements for any of the above
incentives will receive an expedited building permit review of the project. Expedited
plan reviews shall be reviewed as soon as possible by the Construction Services
Departments, in the order received, prior to other building plans already received but
not yet under review by the department.
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1113.00 DISTRICT REGULATIONS
1113.00 Schedule Of District Regulations Adopted:
District Regulations shall be as set forth in the schedule of District Regulations, hereby
adopted by reference and declared to be a part of this Code, and in Section 1110.00
“Residential Design Standards” and Section 1130.00 of the Code, "Special Provisions".
1113.10
Zoning District
(OR2013-2-22)
District Name
Section
AG
Agricultural
1114.00
R-1
Single-Family Residence
1115.00
R-2
Single-Family Residence
1116.00
R-2A
Two Family Residence
1116.100
R-3
One to Four Family Residence
1117.00
R-4
Multi-Family Residence
1118.00
RPD
Residential Planned Development
1118.100
R-0
Multi-Family Residence/Office
1119.00
OPD
Office Planned Development
1119.100
B-1
Neighborhood Business
1120.00
B-2
Community Business
1121.00
B-3
Central Business
1122.00
BPD
Business Planned Development
1122.100
I-1
Light Industrial
1123.00
I-2
Industrial
1124.00
IPD
Industrial Planned Development
1125.00
MS-1
Main Street Core District
1129.00
MS-2
South B Street District
1129.00
MS-3
Main Street Transition District
1129.00
DT-1
Downtown High Street District
1129.00
DT-2
Downtown Support District
1129.00
DT-3
Downtown East High Street District
1129.00
UCP-1
University Commerce Park – 1
1129.00
UCP-2
University Commerce Park - 2
1129.00
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1114.00 “AG” AGRICULTURAL DISTRICT
1114.10 Purpose: It is the purpose of the "AG" Agricultural District to permit the preservation of
relatively intensive agriculture operation within the City of Hamilton. Such District and the
uses permitted shall provide a transition between "urban" and "rural" types of development.
1114.20 Principal Permitted Uses: No building, structure or land shall be used and no building or
structure shall be erected, altered or enlarged which is arranged, intended or designed for
other than one of the following uses, except as provided in Section 1109.00 above:
1114.21
Agricultural: Agricultural uses or any other enterprise customarily carried on in the field
of general agriculture which are not hazardous, offensive or objectionable by reason of
odor, dust, cinders, fumes, noise, vibration, radiation, refuse matter, or water-carried
waste; commercial feed lots are prohibited.
1114.22
Residential: Single-family detached dwelling.
1114.22.1
Refer to the Minimum Lot Area and Off Street Parking Requirements of Section
1126.31 for properties located in the German Village Historic District, Rossville
Historic District and Dayton-Campbell Historic District. (OR 2014-9-90)
1114.23
Religious and Cultural: Churches, synagogues and other places of worship, Sunday school
buildings, elementary and secondary schools for academic instruction.
1114.24
Public Facilities: Publicly owned and operated facilities by municipal, county, state and
federal governments as required to provide service to the area. Such facilities to include
parks, playgrounds, recreation and community center buildings, golf courses, swimming
pools and similar recreational uses including structures and concessions as are necessary
for their operation, administrative buildings and utility stations.
1114.25
Public Utility Stations and Services
1114.26
Public Works Facilities: Publicly owned and operated facilities authorized by the Planning
Commission and City Council on a temporary basis after public hearings.
A)
Solid waste disposal - operated under the supervision of the Director of Public
Works.
B)
Sanitary landfill- operated under the supervision of the Director of Public Works.
1114.27
Agricultural Display Stands: Stands for the display and sale of primarily those products
raised upon the same premises provided it does not exceed an area of two hundred (200)
square feet.
1114.28
Residential Facility, Small: As Defined in Section 1108.00 (OR 2014-8-71)
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1114.30 Conditional Uses: The following uses shall be permitted only if specifically authorized by the
City Council in accordance with the provisions in Section 1155.00. (REVISED OR2015-9-80)
1114.31
Recreational: Recreational uses other than those publicly owned and/or operated such
as golf courses, camps, parks, and country clubs including commercial swimming pools,
fishing lakes and similar enterprises.
1114.32
Extraction of Minerals: Extraction of minerals, stripping of soil, sand and gravel pits
subject to the provisions of Section 1141.00.
1114.33
Miscellaneous:
Commercial Stables and Riding
Academies
Day Nurseries
Dog Kennels
Boat Harbors and Marinas
Public Boat Landing and
Launching Facilities
Cemeteries
1114.40 Accessory Use And Buildings: Accessory use, building or structure customarily incident to a
principal permitted use or conditionally permitted use, located on the same lot therewith,
including:
1114.41
Residential: Living quarters of persons employed on the premises and not rented or
otherwise used as a separate dwelling.
1114.42
Customary Home Occupations: Customary home occupations such as handicrafts, art or
music lessons, dressmaking, millinery, laundry, preserving and home cooking, provided
that not more than one-fourth (1/4) of the area of one floor of said residence shall be used
for such purposes. In addition, such customary home occupation shall meet the criteria as
specified in Section 1114.421 below.
1114.42.1 Customary Home Occupations - shall meet the following criteria:
A) No unreasonable use of material or mechanical equipment not recognized as being part of and
compatible with normal household use.
B) The use shall not generate pedestrian or vehicular traffic beyond that reasonable or normal to the
District in which located.
C) It shall not involve the use of commercial vehicles for delivery of materials to or from the premise.
D) It shall not involve the use of signs other than one non-illuminated sign, not over one (1) square foot
in area, and attached flat against the principal building; and there shall be no public display of goods.
E) No accessory building or space outside of the principal building shall be used for such purposes,
except for minor storage.
F) No special space within the principal building shall be designed or arranged for such use nor shall it
require any internal or external alterations or involve construction features not customary to
dwellings (either by color, materials or construction, lighting, sound or noise, vibration, or electrical
interference, etc.).
G) There shall be no use of utilities or community facilities beyond that reasonable to the use of the
property for residential purposes.
H) There shall be no sale of products or services not produced on the premises.
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1114.43 Accessory Buildings: Accessory buildings and structures customarily incident to any principal
use and including: private garages, off-street parking as specified in Section 1137.00, and
temporary buildings for uses incidental to construction work, which building shall be
removed upon completion or abandonment of the construction work.
1114.44 Signs: Signs are permitted as specifically stipulated and regulated in Section 1138.00 through
1138.50.
1114.45 Satellite Earth Stations: (See Chapter 1142.00 EOR 97-9-105)
1114.46 Religious and Cultural – Charitable Bingo Games: Bone fide charitable, non-profit and
Veteran’s organizations may use the premises for the uses listed in Section 1114.23 to
conduct traditional bingo games as defined in Section 517.01(s) of the Codified Ordinances of
the City of Hamilton, provided however, that they comply with all of the provisions of Sections
2915.01 through 2915.12 of the Ohio Revised Code and Chapter 517 of Hamilton’s Codified
Ordinances. (OR 99-7-63)
1114.46.1
Instant Bingo: The sale, distribution, or transfer and opening of any instant bingo
ticket shall only be ancillary to and held in conjunction with a traditional bingo
game and may only occur on the premises of the event/activity being operated by
eligible organizations. (OR 99-7-63)
1114.47 Prohibited Use Medical Marijuana Cultivation, Processing, or Retail Dispensing: As Defined in
Section 1108.00. (OR 2015-2-14) (REVISED: OR2017-12-132)
1114.50 Requirements: The following requirements shall be observed.
1114.51 Maximum Height: Two and one-half (2-1/2) stories or thirty-five (35) feet in height.
1114.52 Minimum Lot Area: Five (5) acres.
1114.53 Minimum Lot Area Per Dwelling Unit: Five (5) acres per dwelling unit.
1114.54 Minimum Lot Width: Minimum lot width at building setback line shall be three hundred
(300) feet.
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1114.55 Yards and Lot Area Coverage: Front, rear and side yards are required as defined in Section
1108.00 as modified in Section 1131.00, and as specified herein below; and the maximum lot
area that may be covered by principal buildings, accessory buildings and parking spaces or
garages, exclusive of areas used for walkways, access drives, unenclosed porches, patios,
swimming pools and other landscape elements, shall not exceed the percentage of total lot area
as specified herein below:
FRONT YARD
REAR YARD
SIDE YARDS
LEAST WIDTH
SIDE YARDS SUM OF
LEAST WIDTH
MAXIMUM LOT
AREA COVERAGE
100 feet
50 feet
50 feet
100 feet
20%
1114.56
Off-Street Parking and Loading: Off-street parking and loading facilities shall be
provided as specified in Section 1137.00.
1114.56.1
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Parking for Agricultural Display Stands: Space necessary for parking of
vehicles of customers of agricultural display stands shall be provided off the
public highway and not counted in the use area limitations.
1115.00 “R-1" SINGLE-FAMILY RESIDENCE DISTRICT
1115.10 Purpose: It is the purpose of the "R-1" District to encourage the establishment and the
preservation of residential neighborhoods characterized by single-family buildings on
medium and larger than medium sized lots and to preserve undeveloped lands for
similar types of residential development by permitting a minimum of auxiliary nonresidential uses.
1115.20
Principal Permitted Uses: No building, structure or land shall be used and no building or
structure shall be erected, altered or enlarged which is arranged, intended or designed
for other than one of the following uses, except as provided in Section 1109.00 above:
1115.21
Residential: A single-family detached dwelling.
1115.21.1
Refer to the Minimum Lot Area and Off Street Parking Requirements of
Section 1126.31 for properties located in the German Village Historic District,
Rossville Historic District and Dayton-Campbell Historic District. (OR 20149-90)
1115.22
Religious and Cultural: Churches, synagogues and other places of worship, Sunday
school buildings, elementary and secondary schools for academic instruction, public
libraries, museums, art galleries and similar public cultural uses.
1115.23
Public Facilities: Publicly owned and operated facilities by municipal, county, state and
federal governments as required to provide service for the residential area. Such
facilities to include parks, playgrounds, recreation and community center buildings,
golf courses, swimming pools, and similar recreational uses including structures and
concessions as are necessary for their operation, administrative buildings and utility
stations. Such facilities to be reasonably separated from any Residential District by
screen plantings, walls, or fences, or other architectural or real barrier as may be
deemed appropriate by the Planning Commission.
1115.23.1
Public-Works Facilities: Publicly owned and operated facilities authorized by
the Planning Commission and City Council on a temporary basis after public
hearings. Such facilities to be reasonably separated from any residential district
by screen plantings, walls, or fences, or other architectural or real barrier as
may be deemed appropriate by the Planning Commission.
A)
Solid waste disposal - Operated under the supervision of the
Director of Public Works.
B)
Sanitary landfill - Operated under the supervision of the Director of
Public Works.
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1115.24
Agricultural: Nurseries, greenhouses and general farming not including animal or
poultry farms and kennels.
Flower or vegetable gardens, community gardens, fruit or nut orchards, urban
agriculture, and general farming with the following restrictions:
Raised beds, planter boxes or containers located in a primary or secondary front
yard setback shall not be higher than 30-inches at the tallest point above the
surrounding grade and shall not cover more than 20% of the total of any required
front yard setback area. No single box shall be larger than 8-ft long by 4-ft wide.
All planter boxes and containers shall be setback a minimum of 10 feet from any
front yard property line and 5 feet from side and rear property lines.
Weeds and grass in or around gardens and orchards on vacant lots shall be
maintained in accordance with the City of Hamilton Health Codes. (REVISED: OR
2013-7-58)
1115.24.1
Non-Conforming Agricultural Uses: Non-conforming agricultural uses,
including the raising and keeping of animals, poultry, etc., which are created
by the passing of this Ordinance, shall be allowed to continue. Reasonable
variations in the number of animals kept will be permitted.
1115.25 Residential Facility, Small: As Defined in Section 1108.00. (OR 2014-8-71)
1115.26 Prohibited Use: Medical Marijuana Cultivation, Processing, or Retail Dispensing: As
Defined in Section 1108.00 (OR 2015-2-14) (REVISED: OR2017-12-132)
1115.30 Conditional Uses: The following uses shall be permitted only if specifically authorized by
the City Council in accordance with the provisions in Section 1155.00. (REVISED OR20159-80)
1115.31 Recreational: Private non-commercial recreation areas including country clubs, golf
courses, and swimming pools.
1115.32 Extraction of Minerals: Extraction of minerals, of soil, sand and gravel pits subject to
the stripping provisions of Section 1141.00.
1115.33 Cemeteries: Private and public cemeteries and mausoleums for humans.
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1115.34 Keeping of Farm Animals: The keeping of large farm animals shall be subject to the
following regulations: (OR 91-9-115)
A) Minimum lot size required: Five (5) acres.
B) Two (2) animal units, as defined in Section 1108.00 hereof, shall be permitted to
occupy a five-acre tract of land. One (1) additional animal unit is permitted for
each additional two and one-half (2-1/2) acres of land contained as part of the
same tract of land. Young animals born on the premises from permitted animals
shall not be counted as an animal unit or any part of an animal unit until they
have reached one (1) year of age.
C)
Any structure used to shelter large farm animals must be located a minimum of one
hundred fifty (150) feet from any property line.
D) The size and height of a structure used to house large farm animals shall be
regulated as defined in Section 1115.431 hereof regarding accessory buildings.
E)
The area used to keep large farm animals must be entirely fenced to a minimum
height of four (4) feet. Said fenced area shall not be located less than fifty (50)
feet from any lot used for any residential purpose.
1115.40 Accessory Use And Buildings: Accessory use, building or structure customarily incident
to a principal permitted use or conditionally permitted use, located on the same lot
therewith, including:
Only one accessory building is permitted for each dwelling unit on the same lot.
Minimum setbacks for accessory buildings all zoning districts shall be 5-ft. from rear and
side property lines. Detached garages shall be setback a minimum of 10-ft from the edge
of any alley in order to allow vehicles the space to enter and exit the building without
encroaching onto someone else’s property. No accessory building shall encroach into
any easement of record. (OR-06-5-63)
1115.41 Residential: Living quarters of persons employed on the premises and not rented or
otherwise used as a separate dwelling.
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1115.42 Customary Home Occupations: Customary home occupations such as handicrafts, art or
music lessons, dressmaking, millinery, laundry, preserving and home cooking, provided
that not more than one-fourth (1/4) of the area of one floor of said residence shall be
used for such purposes. In addition, such customary home occupation shall meet the
criteria as specified in Section 1115.421 below. This shall not prohibit customary
occupations which:
(1) Use the residence as a headquarters,
(2) Do not employ any person on the premises other than the occupant,
(3) Does not require the storage of other than minor materials none of which shall be
outside the building,
(4) Does not receive delivery of materials or goods in commercial trucking vehicles.
Customary Home Occupations shall meet the following criteria:
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A)
No unreasonable use of material or mechanical equipment not recognized as being part of
and compatible with normal household use.
B)
The use shall not generate pedestrian or vehicular traffic beyond that reasonable or normal
to the District in which located.
C)
It shall not involve the use of commercial vehicles for delivery of materials to or from the
premises.
D)
It shall not involve the use of signs other than one non-illuminated sign, not over one (1)
square foot in area, and attached flat against the principal building; and there shall be no
public display of goods.
E)
No accessory building or space outside of the principal building shall be used for such
purposes, except for minor storage.
F)
No special space within the principal building shall be designed or arranged for such use
nor shall it require any internal or external alterations or involve construction features not
customary to dwellings (either by color, materials or construction, lighting, sound or noise
vibration, or electrical interference, etc.).
G)
There shall be no use of utilities or community facilities beyond that reasonable to the use
of the property for residential purposes.
H)
There shall be no sale of products or services not produced on the premises.
1115.43
Accessory Buildings: Accessory buildings and structures customarily incident to any
principal use and including private garages, buildings used to shelter large farm
animals, buildings used for off-street parking as specified in Section 1137.00, and
temporary buildings for uses incidental to construction work which buildings will be
removed upon completion or abandonment of construction work. (OR 91-9-115)
1115.43.1
Maximum Limitations – Accessory Buildings (OR 82-12-70)
Only one accessory building is permitted for each dwelling unit on the same lot.
Accessory buildings shall have a maximum first floor area of eight
hundred (800) square feet.
Minimum setbacks for accessory buildings in all zoning districts shall be 5-ft.
from rear and side property lines.
Detached garages larger than 200-sq.ft. will be setback a minimum of 10-ft
from the edge of any alley in order to allow vehicles the space to enter and exit
the building without encroaching onto someone else’s property. No accessory
building shall encroach into any easement of record.
Height: One story to a maximum of fifteen (15) feet.
The Board of Zoning Appeals may, upon appeal, consider additional height
where several existing accessory buildings in the area are of a height
greater than fifteen (15) feet.
1115.44
Signs: Signs may be permitted as specified in Section 1138.00.
1115.45
Satellite Earth Stations: (See Chapter 1142.00, EOR 97-9-105)
1115.46
Garage or Yard Sales: Garage or yard sales shall not exceed two per year per location.
Duration of the sale shall not exceed two days per week for two consecutive weeks.
The time of sale shall be limited to daylight hours. The person responsible for the sale
shall not permit noise or conduct on or about the premises in such a manner as to
disturb the peace and quiet of the surrounding neighborhood. Operation of the sale
may be by more than one resident of the immediate neighborhood. (OR 86-4-24)
1115.47
Clubs - Charitable Bingo Games: Bone fide charitable, non-profit and Veteran’s
organizations may use the premises to conduct traditional bingo games as defined in
Section 517.01(s) of the Codified Ordinances of the City of Hamilton, provided
however, that they comply with all of the provisions of Sections 2915.01 through
2915.12 of the Ohio Revised Code and Chapter 517 of Hamilton’s Codified Ordinances.
(OR 99-7-63)
1115.47.1
Instant Bingo: The sale, distribution, or transfer and opening of any instant bingo
ticket shall only be ancillary to and held in conjunction with a traditional bingo
game and may only occur on the premises of the event/activity being operated by
eligible organizations. (OR 99-7-63)
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1115.48
Automobile and Other Vehicle Sales: Privately owned automobiles and other vehicles
may be sold as an accessory use to any permitted in the zoning district. However, no
more than a total of two vehicles may be placed for sale on a residential lot in any
calendar year. This is to include automobiles, pick-up trucks, motorcycles, recreational
motor vehicle, boats, watercraft, campers and trailers. Commercial vehicles of any type
are not permitted for sale in residential zoning districts. (OR2005-3-14)
1115.49
Agricultural Structures (OR2013-7-58)
Greenhouses, hoop houses, tool sheds – no more than two such urban farm structures
shall be permitted on the same property provided they do not exceed more than 200
square feet combined. Any such urban farm structure shall be limited in height to a
maximum of 15 feet and shall be setback a minimum of 50 percent of the depth of the
lot from the property line and a minimum of 10 feet from any side property line.
On any vacant lot, existing structures shall first be utilized for urban farm structures
associated with an urban farm (i.e. tool sheds, etc.) before additional structures shall
be allowed.
Any Farm Stand, Greenhouse, or other urban farm structure located in a designated
historic district shall make application for review by the Architectural Design Review
Board and the $25 fee for Certificate of Appropriateness shall be waived.
Administrative variances may be granted for the following in the case of unusual
topography, or in the case of greenhouses for adequate sunlight.
These structures shall be maintained in good order; i.e. unpainted wood, peeling paint,
broken windows, torn coverings, exposed rust, etc. will not be allowed.
A temporary farm stand, not to exceed 200 square feet, may be erected on a vacant lot
from May 1st through October 31st and hours of operation shall be limited to sun rise to
sun set. A farm stand shall meet the building setbacks of the zoning district where it is
located and shall not exceed 15 feet in height.
If the garden site is abandoned, any accessory structure shall be removed.
Fences used to enclose a garden or orchard on a vacant lot shall not be constructed of
plastic snow fence or erosion control cloth, and shall meet all other City requirements
in regards to setbacks, height, construction and maintenance.
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1115.50
Requirements: The following requirements shall be observed:
1115.51
Maximum Height: Two and one-half (2-1/2) stories or thirty (30) feet in height.
1115.52
Minimum Lot Area: Twelve thousand (12,000) square feet. (OR2006-5-62)
1115.52.1
Minimum Lot Front Width: One hundred (100) feet wide at building setback line.
(OR2006-5-62)
1115.53
Minimum Lot Area Per Dwelling Unit: Twelve thousand (12,000) square feet per
dwelling unit. (OR2006-5-62)
1115.54
Yards and Lot Area Coverage: Front, rear and side yards are required as defined in
Section 1108.00 as modified in Section 1131.00, and as specified herein below; and the
maximum lot area that may be covered by principal buildings, accessory buildings and
parking spaces or garages, exclusive of areas used for walkways, access drive,
unenclosed porches, patios, swimming pools and other landscape elements, shall not
exceed the percentage of total area as specified herein below: (OR-06-5-63)
R-1
BUILDING
HEIGHT
FRONT
YARD
REAR
YARD
SIDE YARDS
LEAST WIDTH
SIDE YARDS SUM
OF LEAST WIDTH
MAXIMUM LOT AREA
COVERAGE
1 to 1 ½ stories
30 feet
30 feet
5 feet
15 feet
35%
2 to 2 ½ stories
30 feet
30 feet
5 feet
15 feet
35%
1115.55
Off-Street Parking and Loading: Off-street parking and loading facilities shall
be provided as specified in Section 1137.00.
1115.60
It is the purpose of the Design and Site Standards Regulations to establish
design and site standards that encourage neighborhood diversity and higher
quality development in order to protect property values and maintain
similar high character of community as adjoining properties, and protect
real estate from impairment or destruction of value. The site and design
criteria can encourage quality neighborhood diversity through the use of a
variety of design options while continuing to provide for housing
opportunities for a wide range of economic backgrounds.
These standards shall apply to all developments that have not received preliminary
plat approval as of the effective date of this ordinance and to those developments for
which preliminary plat approval has expired. Infill development constructed after the
effective date of this ordinance will comply with all applicable provisions herein.
(OR2006-5-62)
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1115.61
Requirements: The following requirements will be implemented per phase of a
development. Failure to comply with Sections 1115.60 and 1115.70 will result in no
future permits being issued for the project and preliminary plat and final plat
approval being revoked. The following requirements shall be observed for all
developments in which the standard minimum lot size is between ten thousand
(10,000) square feet to eleven thousand nine hundred and ninety-nine (11,999)
square feet and a minimum lot front width of eighty (80) feet to ninety-nine (99) feet:
1115.62
Maximum Height: Two and one-half (2-1/2) stories or thirty (30) feet in height.
1115.63
Minimum Lot Area: Ten thousand (10,000) square feet.
1115.63.1 Minimum Lot Front Area: Eighty (80) feet wide at building setback line.
1115.64
Minimum Lot Area Per Dwelling Unit: Ten thousand (10,000) square feet per dwelling
unit.
1115.65
Yards and Lot Area Coverage: Front, rear and side yards are required as defined in
Section 1108.00 as modified in Section 1131.00, and as specified herein below; and the
maximum lot area that may be covered by principal buildings, accessory buildings and
parking spaces or garages, exclusive of areas used for walkways, access drive,
unenclosed porches, patios, swimming pools and other landscape elements, shall not
exceed the percentage of total area as specified herein below: (OR 76-11-72)
1115.66
Off-Street Parking and Loading: Off-street parking and loading facilities shall be
provided as specified in Section 1137.00.
1115.67
All new developments that are to be located adjacent to an existing development that
has an average lot size greater than what is proposed must have the same lot size as
contained within the existing development within two hundred (200) feet of the
existing development.
1115.68
All front loaded garage homes must include a front porch.
1115.69
Buffer Requirements: All developments must choose one (1) of the following (A project
may build a combination of these buffers per boundary area):
1115.69.1 Three (3) foot high berm with a thirty percent (30%) opaque landscaping with a
minimum height of five (5) feet at planting.
1115.69.2 Five (5) foot wide buffer with a fifty percent (50%) opaque landscaping with a
minimum height of five (5) feet at planting.
1115.69.3 Fifteen (15) foot wide buffer with a thirty percent (30%) opaque landscaping with a
minimum height of five (5) feet at planting.
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1115.70
Site and Design Requirements: All developments must have a total combined score of ten
(10) points or greater from the following list:
Three (3) points for a passive park consisting of no less than five percent (5%) of the total
development’s acreage. A passive park consists of recreational activities and facilities that
are characterized by picnicking, walking, jogging, hiking, biking, Frisbee, playgrounds, and
similar activities.
Three (3) points for an active park consisting of no less than five percent (5%) of the total
development’s acreage. An active park consists of recreational activities and constructed
facilities that are generally characterized by tennis, swimming, soccer, golf, basketball,
baseball, playgrounds, and similar activities.
Five (5) points for a clubhouse with at least one thousand (1,000) square feet of indoors
space.
One (1) point for the passive park facility(s) being located so that seventy-five percent
(75%) or more of the total dwelling units are within a one-fourth (1/4) mile radius.
Five (5) points for a traditional street grid layout (this includes no cul-de-sac streets and
block lengths no greater than five hundred (500) linear feet).
Two (2) points for decorative lighting fixtures throughout that project, that adheres to the
City of Hamilton’s Street Lighting Standards adopted jointly by the Electric Department
and Planning Department, September, 2003.
Three (3) points for an eight (8) foot wide multi-modal path that transverses at least
seventy-five percent (75%) of the development.
Two (2) points for having a total of four (4) trees per dwelling unit with two (2) trees
located in the front yard.
Three (3) points for features that include special designs such as but not limited to
foundations, public art and water features (this does not include landscaping or signage).
Three (3) points for the protection of existing environment including maintaining at least
fifty percent (50%) of the current trees with a six (6) inch plus trunk. Maintaining the
existing stream(s), contours and slopes of the property will also be considered. (Trees
must be a minimum of two (2) per five thousand (5,000) square feet of area, per
development, to qualify for these points.) A tree inventory shall be required to verify
compliance with this regulation. The inventory must designate which trees meet these
criteria, denote which trees will remain and show the above - required calculations.
Three (3) points for developments that are located adjacent to an existing development
that has an average lot size greater than what is being requested, shall have the same lot
size within three hundred (300) feet of the existing development.
Three (3) points if seventy-five percent (75%) of all proposed homes have a complete first
floor masonry (brick, stucco, etc…) wrap.
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1115.71
The Planning Commission may grant two (2) points to a development that meets
one of the following criteria:
1115.71.1 Passive park space that is proposed to be increased by the developer from five
percent (5%) of the total acreage of the development to ten percent (10%) of the
total acreage.
1115.71.2 Active park space that is proposed to be increased by the developer from five
percent (5%) of the total acreage of the development to ten percent (10%) of the
total acreage.
1115.71.3 Twenty percent (20%) of all residential units are to be priced to be attainable to
the Median Household Income of the City of Hamilton as determined by the most
recent US Census figures.
1115.71.4 That all structures meet the criteria of “Silver” as defined under the LEED
(Leadership Energy and Environment Design) Rating System for housing by the
United States Green Build Council.
1115.71.5 That all structures within the development must follow one or more of the
following historical architectural designs:
Colonial Revival (Popular Contemporary Period Designs)
Italianate
Early Gothic Revival
Greek Revival
Federal Vernacular
1115.71.5.1
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Complete definition of the above listed styles related to the City of Hamilton
is available through the book Hamilton, Ohio It’s Architecture and History by
James Schwartz, Ph.D., May 1986 which is on record in the Planning
Department. The City of Hamilton’s Planning Director will refer to this book
to determine if the intent of 1115.71.5 has been met.
1116.00 "R-2" SINGLE FAMILY RESIDENCE
1116.10 Purpose: It is the purpose of the "R-2" District to encourage the establishment and
preservation of residential neighborhoods characterized by single family buildings on
medium and smaller than medium sized lots. Non-residential uses permitted in this District
are those that will provide auxiliary service and/or will contribute to the stability and longterm value of the area for residential purposes.
1116.20 Principal Permitted Uses: No building, structure or land shall be used and no building or
structure shall be erected, altered or enlarged which is arranged, intended or designed for
other than one of the following uses, except as provided in Section 1109.00 above:
1116.21 General: All principal permitted uses as regulated in "R-1" Single-Family Residence
District, except as hereafter modified.
1116.22 Prohibited Use: Medical Marijuana Cultivation, Processing, or Retail Dispensing: As
Defined in Section 1108.00 (OR2015-2-14) (REVISED: OR2017-12-132)
1116.30 Conditional Uses: The following uses shall be permitted only if specifically authorized by the
City Council in accordance with the provisions in Section 1155.00. (REVISED OR2015-9-80)
1116.31 General: Any conditionally permitted use as regulated in "R-1" District, except as
hereinafter modified.
1116.32 Clubs: Clubs, fraternities, lodges and meeting places for other organizations, not including
any use that is customarily conducted as a gainful business.
1116.33 Bed and Breakfast: A maximum of two (2) bedrooms located in the principle structure on
a lot and located within a designated Historic Preservation District, may be used for this
purpose. (OR 93-3-26)
81
1116.40 Accessory Use And Buildings: Accessory use, building or structure as permitted and
regulated in the "R-1" District, and any accessory use, building or structure customarily
incident or accessory to a principal or conditional permitted use in the "R-2" District.
1116.41 Clubs – Charitable Bingo Games: Bone fide charitable, non-profit and Veteran’s
organizations may use the premises to conduct traditional bingo games as defined in
Section 517.01(s) of the Codified Ordinances of the City of Hamilton, provided however,
that they comply with all of the provisions of Sections 2915.01 through 2915.12 of the
Ohio Revised Code and Chapter 517 of Hamilton’s Codified Ordinances. (OR 99-7-63)
1116.41.1
1116.50
Instant Bingo: The sale, distribution, or transfer and opening of any instant bingo
ticket shall only be ancillary to and held in conjunction with a traditional bingo
game and may only occur on the premises of the event/activity being operated by
eligible organizations. (OR 99-7-63)
Requirements: The following requirements shall be observed:
1116.51 Maximum Building Height: Two and one-half (2-1/2) stories, or thirty (30) feet in height.
1116.52 Minimum Lot Area: Seventy-five hundred (7500) square feet.
1116.52.1
Minimum Lot Front Width: Seventy (70) feet wide at building setback line. The
minimum lot width may be decreased at the discretion of the Planning Commission
after consideration of the typical widths of lots in the immediate vicinity within a
three hundred foot radius. (OR 97-7-71)
1116.53 Minimum Lot Area Per Dwelling Unit: Seventy-five hundred (7500) square feet per
dwelling unit.
1116.54 Yards and Lot Area Coverage: Front, rear and side yards are required as defined in Section
1108.00, as modified in Section 1131.00, and as specified herein below; and the maximum
lot area that may be covered by principal buildings, accessory buildings and parking spaces
or garages, exclusive of areas used for walkways, access drive, unenclosed porches, patios,
swimming pools and other landscape elements, shall not exceed the percentage of total lot
area as specified herein below: (OR-06-5-63)
R-2
BUILDING
HEIGHTS
1 to 1 ½
stories
2 to 2 ½
stories
MINIMUM
MAXIMUM
FRONT YARD FRONTYARD
SETBACK
MINIMUM
SIDE YARDS
SUM OF
REAR YARD LEAST WIDTH BOTH SIDE
YARDS
15 feet
30 feet
10 feet
5 feet
15 feet
35%
15 feet
30 feet
10 feet
5 feet
15 feet
35%
1116.55 Off-Street Parking and Loading: Off-street parking and loading facilities shall be
provided as specified in Section 1137.00.
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MAXIMUM
LOT AREA
COVERAGE
1116.100
“R-2A" TWO FAMILY RESIDENCE DISTRICT
1116.110 Purpose: It is the purpose of the "R-2A" District to provide for certain medium density two
family residential areas in the City while preserving existing and future residential
neighborhoods. The District will be characterized by two family buildings on smaller than
medium size lots. Non-residential uses permitted in this District are those that will
provide auxiliary service and/or will contribute to the stability and long-term value of the
District and to other surrounding Residential Districts for residential purposes.
1116.120 Principal Permitted Uses: No building, structure or land shall be used and no building or
structure shall be erected, altered or enlarged which is arranged, intended or designed for
other than one of the following uses, except as provided in Section 1109.00 above:
1116.121 General: All principal permitted uses as regulated in "R-2" Two Family Residence
District except as hereafter modified.
1116.122 Prohibited Use: Medical Marijuana Cultivation, Processing, or Retail Dispensing: As
Defined in Section 1108.00 (OR2015-2-14) (REVISED: OR2017-12-132)
1116.130 Conditional Uses: The following uses shall be permitted only if specifically authorized by
the City Council in accordance with the provisions in Section 1155.00. (REVISED OR20159-80)
1116.131 General: Any conditionally permitted use as regulated in "R-2" District, except as
hereinafter modified.
1116.140 Accessory Use And Buildings: Accessory use, building or structure as permitted and
regulated in the "R-2" District, and any accessory use, building or structure customarily
incident or accessory to a principal or conditional permitted use in the "R-2A" District.
1116.150 Requirements: The following requirements shall be observed:
1116.151 Maximum Building Height: Two and one-half (2-1/2) stories, or thirty (30) feet in height.
1116.152 Minimum Lot Area: Seven thousand (7,000) square feet.
1162.152.1 Minimum Lot Front Width: Fifty-Five (55) feet wide at building setback line.
The minimum lot width may be decreased at the discretion of the Planning
Commission after consideration of the typical widths of lots in the immediate
vicinity within a three-hundred foot radius. (OR 97-7-71)
1116.153 Minimum Lot Area per Dwelling Unit: Three thousand five hundred (3,500) square feet
per dwelling unit, with a maximum of two (2) dwelling units per lot.
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1116.154 Yards and Lot Area Coverage: Front, rear, and side yards are required as defined in
Section 1108.00, as modified in Section 1131.00 and as specified herein below; and the
maximum lot area that may be covered by principal buildings, accessory buildings and
parking spaces or garages, exclusive of areas used for walkways, access drives,
unenclosed porches, patios, swimming pools and other landscape elements, shall not
exceed the percentage of total lot area as specified herein below: (OR 76-11-72)
R-2A
BUILDING
HEIGHTS
MINIMUM
FRONT
YARD
MAXIMUM
FRONTYARD
SETBACK
REAR
YARD
SIDE YARDS
LEAST
WIDTH
SIDE YARDS
SUM OF LEAST
WIDTH
MAXIMUM
LOT AREA
COVERAGE
1 to 1 ½
stories
15 feet
30 feet
10 feet
5 feet
15 feet
35%
2 to 2 ½
stories
15 feet
30 feet
10 feet
5 feet
15 feet
35%
1116.155 Off-Street Parking and Loading: Off-street parking and loading facilities shall be provided
as specified in Section 1137.00.
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1117.00 "R-3" ONE TO FOUR FAMILY RESIDENCE DISTRICT
1117.10 Purpose: It is the purpose of the "R-3" District to encourage the establishment and
preservation of medium-high density residential neighborhoods characterized by one, two,
or three and four family buildings, for owner and/or rental occupancy. Non-residential uses
permitted in this District will provide auxiliary service and/or will contribute to the stability
and long-term value of the area for residential purposes.
1117.20 Principal Permitted Uses: No building, structure or land shall be used and no building or
structure shall be erected, altered or enlarged which is arranged, intended or designed for
other than one of the following uses, except as provided in Section 1109.00 above:
1117.21 General: All principal permitted uses and as regulated in the "R-2A" Two Family
Residence District, except as hereafter modified.
1117.22 Residential: One (1), two (2), three (3), and four (4) family dwellings and dwelling groups,
including “Cluster”, “Row-House” or Condominiums developed in accordance with ORC
5311.01 and 5311.22 provided that not more than four (4) dwelling units be contained in
any one building or otherwise attached on one lot. (OR 96-6-61)
1117.22.1
Refer to the Minimum Lot Area and Off Street Parking Requirements of Section
1126.31 for properties located in the German Village Historic District, Rossville
Historic District and Dayton-Campbell Historic District. (OR 2014-9-90)
1117.23 Prohibited Use: Medical Marijuana Cultivation, Processing, or Retail Dispensing: As
Defined in Section 1108.00 (OR 2015-2-14) (REVISED: OR2017-12-132)
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1117.30
Conditional Uses: The following uses shall be permitted only if specifically authorized by the
City Council in accordance with the provisions of Section 1155.00. (REVISED OR2015-9-80)
1117.31 General: Any conditionally permitted use as regulated in "R-2A" District, except as
hereinafter modified.
1117.32 Clinics: Medical clinics including the offices of physicians, surgeons, and dentists for the
care, diagnosis and treatment of persons in need of medical or surgical attention, but not
including overnight accommodations for patients.
1117.33 Nursing homes, or licensed day care centers, children’s nurseries and similar uses.
(Revised OR 2014-9-90)
1117.34 Office or Studio: Professional office or studio in the residence of an architect, artist,
dentist, lawyer, engineer, physician, teacher or similar professional person, but not
including beauty parlors, barber shops, schools of any kind with organized classes of any
business, provided that not more than one person not a resident in said dwelling is
employed in said establishment, and that not more than twenty-five percent (25%) of the
total floor area of one floor of the dwelling is devoted to said accessory use. In addition,
such professional office shall meet the criteria as specified in Section 1115.421.
1117.35 Bed and Breakfast: A maximum of three (3) bedrooms located in the principle structure
on a lot and located within a designated Historic Preservation District, may be used for
this purpose. (OR 93-3-26)
1117.36 Residential Facility, Large: (OR 2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
 In order to prevent the excessive concentration of Large Residential Facilities and to
avoid impacting a residential block or neighborhood, the City shall not grant a
conditional use which would permit more than one Large Residential Facility within
the same block or within a 500 foot radius of another Large Residential Facility.
1117.40
Accessory Uses And Buildings: Accessory uses, buildings, or structures as permitted and
regulated in the "R-2A" District, except as modified herein below, and any accessory use,
building, or structure customarily incident or accessory to a principal or conditional
permitted use in the "R-3" District. (82-12-70)
1117.43.1
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Maximum Limitations – Accessory Buildings: (OR 82-12-70)
A)
Height: One story to a maximum of fifteen (15) feet.
B)
The Board of Zoning Appeals may, upon appeal, consider additional
height where several existing accessory buildings in the area are of a
height greater than fifteen (15) feet.
1117.50
Requirements: The following requirements shall be observed:
1117.51 Maximum Building Height: Two and one-half (2-1/2) stories or thirty (30) feet in height.
1117.52 Minimum Lot Area: Five thousand (5000) square feet.
1117.52.1
Minimum Lot Front Width: (OR 97-7-71)
A)
Single, detached Structure on a Lot: Fifty-Five (55) feet wide at the building
setback line. The minimum lot width may be decreased at the discretion of
the Planning Commission after consideration of the typical widths of lots in
the immediate vicinity within a three hundred foot radius.
B)
Town Homes, Row Houses: Eighteen (18) feet for town homes and row
houses for attached and semi-attached dwellings, each existing on separate
lots.
1117.53 Minimum Lot Area Per Dwelling Unit: Twenty-five hundred (2500) square feet per
dwelling unit.
1117.54 Yards and Lot Area Coverage: Front, rear and side yards are required as defined in Section
1108.00, as modified in Section 1131.00 and as specified herein below; and the maximum
lot area that may be covered by principal buildings, accessory buildings and parking
spaces or garages, exclusive of areas used for walkways, access drives, unenclosed
porches, patios, swimming pools and other landscape elements, shall not exceed the
percentage of total lot area as specified herein below: (OR 76-11-72)
R-3
BUILDING
HEIGHTS
1 to 1 ½
stories
2 to 2 ½
stories
MAXIMUM
MINIMUM
MINIMUM
FRONT YARD FRONT YARD REAR YARD
SETBACK
SIDE YARDS
LEAST
WIDTH
SUM OF
BOTH SIDE
YARDS
MAXIMUM
LOT AREA
COVERAGE
15 feet
30 feet
10 feet
5 feet
15 feet
35%
15 feet
30 feet
10 feet
5 feet
15 feet
35%
1117.55 Off-Street Parking and Loading: Off-street parking and loading facilities shall be
provided as specified in Section 1137.00.
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88
1118.00 "R-4" MULTI-FAMILY RESIDENCE DISTRICT
1118.10 Purpose: It is the purpose of the "R-4" District to assist in the maintenance and
development of desirable residential neighborhoods, characterized by high density
development, appropriate levels of service and varied dwelling types. Non-residential uses
permitted in this District shall be limited to those uses and buildings that will provide
stability and dignity to the area as a residential neighborhood.
1118.20 Principal Permitted Uses: No building, structure or land shall be used and no building or
structure shall be erected, altered or enlarged which is arranged, intended or designed for
other than one of the following, except as provided in Section 1109.00 above.
1118.21
General: All principal permitted uses and as regulated in the "R-3" One-Four Family
Residence District, except as hereafter modified.
1118.22
Residential: Multiple family dwellings for any number of families or housekeeping units,
including row houses; provided that the minimum width of each individual dwelling unit
in any row house, measured from centerline between adjoining units along the exterior
front wall shall not be less than eighteen (18) feet.
1118.22.1 Refer to the Minimum Lot Area and Off Street Parking Requirements of Section
1126.31 for properties located in the German Village Historic District, Rossville
Historic District and Dayton-Campbell Historic District. (OR 2014-9-90)
1118.23
REPEALED (OR2017-1-3)
1118.24
Clinics: Medical clinics, including the offices of physicians, surgeons and dentists for the
care, diagnosis and treatment of persons in need of medical or surgical attention, but not
including overnight accommodations for patients.
89
1118.25
Nursing Homes and Adult Daycare Facilities (EOR2007-3-16) (Revised OR 2014-9-90)
1118.25.1 All off-street parking for Nursing Homes will be physically separated from the
parking area for any other use on the same property, with a separate means of
ingress/egress and appropriate signage designating the parking use. (EOR2007-316) (Revised OR 2014-9-90)
1118.25.2 That portion of a property and/or new building or building addition utilized for a
Nursing Homes will be subject to the commercial design standards. (EOR2007-3-16)
(Revised OR 2014-9-90)
1118.25.3 In order to keep such uses peaceful and serene for the resident it will be buffered
from all adjoining properties by a minimum 20-ft. green-space with a minimum
opacity of 75% to a height of six (6) feet. For multi-use buildings the screening will
extend five feet beyond the adjoining wall dividing this use from an adjoining use.
Opacity may be decreased 25% for each additional 5-ft. of open green-space added
to the buffer. (See Examples) (EOR2007-3-16)
90
91
1118.25.4 Bed and Breakfast: A maximum of four (4) bedrooms, located in the principle
structure on the lot, may be used for this purpose. (OR 93-3-26)
1118.28
Children’s Licensed Daycare, Preschools, and Day Nurseries (EOR2007-3-16)
1118.29
Prohibited Use: Medical Marijuana Cultivation, Processing, or Retail Dispensing: As Defined
in Section 1108.00 (OR 2015-2-14) (REVISED: OR2017-12-132)
1118.30 Conditional Uses: The following uses shall be permitted only if specifically authorized by the
City Council in accordance with the provisions in Section 1155.00. (REVISED OR2015-9-80)
1118.31
General: Any conditionally permitted use and as regulated in the "R-3" District, except as
hereinafter specified.
1118.32
Institutional Uses: As defined in Section 1108.00 (Revised OR 2014-9-90)
1118.33
Cultural: Colleges for academic instruction.
1118.34
Mortuary: Mortuary or funeral home, when located on premises with frontage on a street
officially designated as a thoroughfare on the "Official Thoroughfare Plan". This use shall
not include crematories.
1118.35
Off-Street Parking.
1118.36
Residential Facility, Large: (OR 2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
 In order to prevent the excessive concentration of Large Residential Facilities and to
avoid impacting a residential block or neighborhood, the City shall not grant a
conditional use which would permit more than one Large Residential Facility within
the same block or within a 500 foot radius of another Large Residential Facility.
1118.37
Hospitals: As defined in Section 1108.00 (OR 2014-9-90)
1118.40 Accessory Uses And Buildings: Accessory uses, buildings or structures as permitted and
regulated in the "R-3" District, and any accessory use, building or structure customarily
incident or accessory to a principal or conditional permitted use in the "R-4" District. Offstreet parking as required and as specified in Section 1137.00 may be provided as an
accessory use.
1118.45 Prohibited Uses:
Lodging and Boarding Houses: Lodging and boarding houses, including incidental accessory
service.
92
1118.50
Requirements: The following requirements shall be observed.
1118.51
1118.52
Maximum Building Height: Fifty (50) feet except as authorized by the Planning Commission,
who will review each application whose height exceeds fifty (50) feet. The Planning
Commission shall base approval of higher heights on the following criteria:
(1)
Added height does not restrict, impede or destroy visual sight distances
exceeding 40 degrees of a plane from neighboring properties. (See Figure 10)
(2)
Street system is adequate for the proposed density of development and
entrances are planned to eliminate peak traffic and pedestrian congestion.
(3)
Adequate fire protection is provided the proposed building as well as not
adversely affecting neighboring properties.
Minimum Lot Area: Five thousand (5000) square feet.
1182.52.1
1118.53
Minimum Lot Front Width: Fifty-Five (55) feet wide at building setback line.
The minimum lot width may be decreased at the discretion of the Planning
Commission after consideration of the typical widths of lots in the
immediate vicinity within a three hundred foot radius. (OR 97-7-71)
Minimum Lot Area for Dwelling Unit: One thousand five hundred (1500) square feet.
93
1118.54
Yards and Lot Area Coverage: Front, rear and side yards are required as defined in Section
1108.00, as modified in Section 1131.00, and as specified herein below; and the maximum
lot area that may be covered by principal buildings, accessory buildings and parking spaces
or garages, exclusive of areas used for walkways, access drives, unenclosed porches, patios,
swimming pools and other landscape elements, shall not exceed the percentage of total lot
area as specified herein below: (OR 76-11-72)
R-4
BUILDING
HEIGHTS
MINIMUM
FRONT
YARD
MAXIMUM
FRONTYARD
SETBACK
REAR
YARD
SIDE
YARDS
LEAST
WIDTH
SIDE
YARDS
SUM OF
LEAST
WIDTH
MAXIMUM
LOT AREA
COVERAGE
1 to 1 ½ stories
15 feet
30 feet
10 feet
5 feet
15 feet
35%
2 to 2 ½ stories
15 feet
30 feet
10 feet
5 feet
15 feet
35%
When authorized in accordance with Section 1118.51 the following are the minimums
that shall be applied:
R-4
BUILDING
HEIGHT
FRONT
YARD
REAR
YARD
SIDE YARDS
LEAST WIDTH
SIDE YARDS SUM
OF LEAST WIDTH
40 feet
30 feet
15 feet
13 feet
28 feet
MAXIMUM
LOT AREA
COVERAGE
32%
50 feet
35 feet
20 feet
18 feet
38 feet
30%
60 feet
40 feet
25 feet
23 feet
48 feet
29%
70 feet
45 feet
30 feet
28 feet
58 feet
28%
80 feet and
above
50 feet
35 feet
33 feet
68 feet
27%
1118.55
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Off-Street Parking and Loading: Off-street parking and loading facilities shall be
provided as specified in Section 1137.00.
1118.100 "RPD" RESIDENTIAL PLANNED DEVELOPMENT DISTRICT
(Chapter Amended OR 2008-1-2)
1118.110
Purpose: The purpose of the Residential Planned Development (RPD) District is to
permit a variety of living environments and a range of amenities, including limited
complimentary commercial uses. This may be accomplished through the creative
use of one or more varied dwelling types complimented by appropriate site
amenities, traffic circulation patterns and supporting facilities. An RPD District must
also comply with the general provisions for Planned Developments contained in
Chapter 1132.00 (General Planned Development Regulations).
1118.120
Principal Permitted Uses: No building, structure or land shall be used and no
building or structure shall be erected, altered or enlarged which is arranged,
intended or designed for other than one of the following uses:
1118.121
Residential: A single-family detached dwelling
1118.121.1
Refer to the Minimum Lot Area and Off Street Parking Requirements of Section
1126.31 for properties located in the German Village Historic District, Rossville
Historic District and Dayton-Campbell Historic District. (OR 2014-9-90)
1118.122
Religious and Cultural: Churches, Synagogues and other places of worship, Sunday
school buildings, elementary and secondary schools for academic instruction, public
libraries, museums, art galleries and similar public cultural uses.
1118.130
ACCESSORY USES: Accessory use, building, or structure customarily incidental to a
principal permitted use or a conditionally permitted use, located on the same lot
therewith, including
1118.131
Permitted Accessory Uses: Those accessory uses as regulated in the R-1 SingleFamily Residence Zoning District (Chapter 1115.00, Section 1115.40 - of this
Ordinance).
1118.140
Uses Requiring Specific Approval: An RPD may include the following uses, subject to
obtaining specific approval by the Hamilton Planning Commission (see Chapter
1132 of this Ordinance for the general procedures, regulations, requirements and
appeal process information applicable to Planned Developments)
1118.141
Principal Uses: Principally and Conditionally Permitted uses of the R-1, R-2, R-2A, R3 and R-4 Zones as set forth in Chapters 1115.00 and 1116.00 (Single-Family
Residence District); 1117.00 (One to Four Family Residence District); and 1118.00
Multi-Family Residence District, but excluding those uses prohibited by Section
1118.120 of this Chapter. While the Permitted Uses of a RPD District (listed in
Section 1118.120 of this Chapter) do not require the Specific Approval of the
Planning Commission, the overall Planned Development Plan does require the
Commission's approval.
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1118.142
Ancillary Uses: Limited, ancillary commercial uses provided they are intended to
primarily serve or complement the needs of residents within the RPD, and, in
addition, those which are designed to be a harmonious part of the residential
neighborhood.
1118.142.1
Permitted Commercial Ancillary Uses: Ancillary uses, meeting the provisions of
Section 1118.142 may include uses similar to, but not limited to, the following:
Day Care Facility
Convenience Retail Store
Sandwich Shop, Cafe or similar eating establishment
Personal Service Shop such as Laundromat, Dry Cleaning drop - off - pick up, tailor,
Barber/Beauty Shop, Retail Bakery or Confectionery, or an ATM machine
Dance, Art, Karate, Gymnastic or Music Studio
Professional Office such as a Physician, Dentist, Lawyer, Engineer, Architect or
Teacher
Bed and Breakfast Establishment with up to six (6) guest-sleeping rooms
1118.142.2
Requirements: The ancillary, commercial uses which are located within a RPD are
subject to Chapter 1132.00 (General Planned Development Regulations) and the
provisions of Chapter 1139.00 (Performance Standards) of this Ordinance. In
addition, ancillary commercial uses are also subject to the following:
A) Size: The gross floor area occupied by a commercial establishment within a RPD
shall be limited to a maximum size of 5,000 square feet, providing, however, that the
Planning Commission may waive this limitation in stances involving the adaptive
reuse of any existing, vacant structure within the RPD District.
B) Hours of Operation: As a part of any RPD Plan where commercial uses are proposed,
the maximum hours of operation and the servicing of the establishment (such as
deliveries, waste removal, etc.) may be established so as to complement the general
residential nature of the development and as appropriate to service the needs of the
residents of the development and surrounding neighborhood.
C) Landscaping: All ancillary commercial uses within an RPD shall adhere to the
following landscaping requirements. A Landscaping Plan will be required with all
site plans, showing the proposed landscaping for the site. The landscaping plan shall
also be reviewed by the City Traffic Engineer for sight distance issues for plantings
located in the public right-of-way.
96
The following landscaping provisions include a ratio relationship between the
number of plantings required, based upon the number of tree(s) required in Section
1131.70. All bush plants must be a minimum of one (1) foot tall at planting and all
flowering perennial plants and other plantings must be a minimum of one (1) foot at
planting. The City of Hamilton’s Planning Director may approve other types of
appropriate plantings and determine their equitable quantity, as required per tree.
For every required tree a corresponding number of plantings or trees, from either a,
b, or c, will be required for each site plan:
Bushes: 3 Per Required Tree
Flowering Perennials Plants: 6 Per Required Tree
Trees: 1 Per Required Tree
If weather conditions preclude tree planting or during the winter months from
November 1st through April 1st of any calendar year, the developer shall deposit
$250.00 per required tree, $30.00 per required bush, and $10.00 per required
flower with the City of Hamilton.
D) Building Design and Site Layout. Ancillary commercial uses shall comply with
1111.00 Architectural, Landscaping, Design, Building and Site Development
Regulations with regard to building design and site layout, or as otherwise
approved by the Planning Commission as part of the Planned Development.
1118.150
Minimum Percentage If Residential Development In A RPD: Within any Residential
Planned Development, a minimum of eighty-five percent (85%) of the gross acreage
must be devoted to residential or open space uses, or for recreational amenities.
1118.160
Prohibited Uses: The following uses, which may normally be permitted or
conditionally permitted in “AG” (Agricultural) or in “R-1", “R-2", “R-2A”, “R-3", “R- 4",
and “R-O” (Residential Districts), shall be prohibited in a Residential Planned
Development:
1118.161
Solid Waste Disposal Facilities or Sanitary Landfills
1118.162
Agricultural Uses (after development)
1118.163
Mining or Drilling
1118.164
Cemeteries
1118.165
Mortuaries and Crematory Services
1118.166
Instant Bingo (OR 99-7-63)
1118.167
Medical Marijuana Cultivation, Processing, or Retail Dispensing (OR 2015-2-14)
(REVISED: OR2017-12-132)
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1118.170
Minimum Requirements For Residential RPD Consideration
Any proposed RPD may be single use or contain a mix of development types as listed
in A through F below, which may be development in stages. For the purposes of this
Section (1118.00), a stage in an RPD development is defined as the area of the RPD
with its own required point total. For any RPD that is to be implemented in stages,
each stage shall meet its own required point total. For any proposed PD, a minimum
of three (3) such points shall be taken from subsection 1118.171 Open Space and
Recreational Amenities below.
A single-family development with average lot width of one-hundred (100) feet or
greater shall provide for eight (8) points from the list below.
A single-family development with average lot width between 80 and 99 feet shall
provide ten (10) points from the list below.
A single-family development with average lot width between 60 and 79 feet shall
provide twelve (12) points from the list below.
A single-family development with an average lot width between 59 feet and 50 feet
shall provide fifteen (15) points from the list below.
Two-family developments regardless of average lot widths as outlined above shall
provide for a minimum of sixteen (16) points from the list below.
Multi-family (3+ units) developments regardless of average lot widths as outlined
above shall provide for a minimum of eighteen (18) total points from the list below.
In addition, Multi-Family Developments shall meet the additional requirements
found in 1118.180.
Single Family developments with an average lot width less than 50 feet shall require
Planning Commission approval.
Because some amenities found in Section 1118.172 and 1118.173 can serve all
stages of an RPD their required points can be counted for each separate stage.
Amenities or items that that may provided one time for an RPD and be counted for
each separate stage include 1118.172A, 1118.172B, 1118.172E, 1118.172H, and
1118.173A.
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1118.171
Open Space and Recreational Amenities
Three (3) points for passive open space consisting of no less than five percent (5%)
of the total development’s acreage. Passive open space consists of recreational
activities and facilities that are characterized by picnicking, walking, jogging, hiking,
biking, Frisbee, playgrounds, and similar activities.
Three (3) points for active open space consisting of no less than five percent (5%) of
the total development’s acreage. Active open space consists of recreational activities
and constructed facilities that are generally characterized by tennis, swimming,
soccer, golf, basketball, baseball, playgrounds, and similar activities.
Three (3) points for the protection of existing environment including maintaining at
least fifty percent (50%) of the current trees with a six (6+) inch plus trunk (DBH).
Maintaining the existing stream(s), contours and slopes of the property will also be
considered. (Trees must be a minimum of two (2) per five thousand (5,000) square
feet of area, per development, to qualify for these points.) A tree inventory shall be
required to verify compliance with this regulation. The inventory must designate
which trees meet this criteria, denote which trees will remain and show the above
required calculations.
The required open space shall not include isolated or fragmented pieces of land that
serve no useful purpose. No common open space shall be put to any use not
specified in the Final PD, excepting amendments approved pursuant to
Section1132.80.
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1118.172
Site Amenities
One (1) point for the passive or active open space facility(s) being located so that
seventy-five percent (75%) or more of the total dwelling units are within a onefourth (1/4) mile radius.
Five (5) points for a clubhouse or community building with a least two thousand
(2,000) square feet of covered space, of which seventy-five (75%) percent shall be
indoor enclosed space. If more than 275 dwelling units are proposed the size of the
facility shall be increased by forty (40%) percent. The required square footage does
not have to be incorporated into one (1) building.
Five (5) points for a traditional street grid layout. (This includes no cul-de-sac
streets and block lengths no greater than five hundred (500) liner feet.)
Two (2) points for decorative lighting fixtures throughout the project, that adheres
to the City of Hamilton’s Street Lighting Standards adopted jointly by the Electric
Department and the Planning Department, September, 2003.
Three (3) points for an eight (8) foot wide paved multi-modal path that transverses
at least seventy five percent (75%) of the development.
Two (2) points for having a total of four (4) trees per dwelling unit with two (2)
trees located in the front yard.
Three (3) points for features that include special designs such as but not limited to
fountains, public art and water features. (This does not include landscaping or
signage.)
Three (3) points for a minimum of two road connections (entrance and exit) into the
development and connect to all adjacent existing or planned road connections.
Five (5) points for construction of a roundabout that meets the approval of the City
of Hamilton Public Works and Planning Department.
Five (5) points for a development that includes rear loaded garages on all
residential units.
Three (3) points for development that includes a covered front porch minimum size
(4’ X 6’) on all residential units.
Eight (8) points for a development where all structures meet the minimum LEED
certification or better as defined under the LEED (Leadership in Energy and
Environmental Design) Rating System for housing by the United States Green Build
Council.
100
1118.173
Planning Commission Discretionary Points
The Planning Commission may grant two (2) points, to a single-family, two-family,
or multi-family development that meets one of the following criteria:
Passive open space that has been increased from five (5%) percent of the total
acreage of the development to ten (10%) percent of the total acreage.
Active open that has been increased from five (5%) percent of the total acreage of
the development to ten (10%) percent of the total acreage.
All principal structures meet the criteria of ‘Silver’ as defined under the LEED
(Leadership in Energy and Environmental Design) Rating System for Housing by the
U.S. Green Build Council.
Twenty (20%) percent of all residential units are priced to be attainable to the
Median Household Income of the City of Hamilton.
That all structures within the development must follow one or more of the following
historical architectural designs:
Colonial Revival (Popular Contemporary Period Designs)
Italianate
Early Gothic Revival
Greek Revival
Federal Vernacular
Complete definition of the above listed styles related to the City of Hamilton is
available through the book, Hamilton, Ohio, Its Architecture and History, by James
Schwartz, PhD., May, 1986 which is on record in the Planning Department.
1118.180
Multi-Family Development
Multi-family (3+ units) developments shall also achieve a minimum of 18 total
points with from the above Site Amenity list, and in addition shall meet at least 3 of
the 4 requirements below.
All main entrances to residential buildings located within ten (10) feet of a sidewalk.
All main entrances to residential buildings include a covered porch, covered stoop,
or awning.
All garages to be rear loaded, behind the front of the building, may be attached or
detached.
Each unit has a balcony, patio, or deck a minimum size of four (4) feet in width and
six (6) feet in length.
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1118.190
General Development Standards
The following table establishes the general development standards in an RPD per
type of use.
TYPE OF USE (1)
FRONT
YARD
SETBACK *
MINIMUM
SIDE YARD
SETBACK
MINIMUM
REAR YARD
SETBACK (2)
MAXIMUM
LOT COVERAGE
Single Family, Detached
25 Ft
5 Ft
10 Ft
35%
Two-Family
25 Ft
5 Ft
10 Ft
45%
25 Ft(3)
7.5 Ft
15 Ft
45%
Multi-Family (3+ units)
*Front yard setback may be reduced if rear loaded garages are
provided.
General Development Standards from the table above for uses other than residential
shall be determined by the Planning Commission as part of the Planned
Development.
If proposed, garages may be setback 8 Ft. from rear property line if alley access is
provided.
Unless Option A from Section 1118.180 is
chosen.
1118.191
Buffer Requirements
All Residential RPD developments must choose one (1) of the following buffer
options to be installed along perimeter boundaries. A project may build a
combination of these buffers per boundary area. Compliance with this requirement
shall be demonstrated by the submission of a scaled typical elevation view of
proposed buffer area to be submitted as part of the required landscaping plan found
in Section 1132.55.E. and 1132.56.F. All plantings shall comply with minimum
height requirements found Section 1131.70.3:
A) Three (3) foot high berm with a thirty percent (30%) opaque landscaping with a
minimum height of five (5) feet at planting.
B) Five (5) foot wide buffer with a fifty percent (50%) opaque landscaping with a
minimum height of five (5) feet at planting.
C) Fifteen (15) foot wide buffer with a thirty percent (30%) opaque landscaping
with a minimum height of five (5) feet at planting.
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1118.192
Building Design Standards
Single Family Residential buildings shall comply with the Residential Design
Standards found in Section 1110.00 of the Zoning Code, or as otherwise approved
by the Planning Commission as part of the PD. Multi-family residential buildings
shall comply with 1110.70.B, of the Residential Design Standards.
1118.193
Construction Of Amenities And Improvements And Minimum Requirements
Amenities and improvements and minimum requirements associated with any PD
shall be constructed as part of the first phase or section of the proposed
development, or as otherwise approved by the Planning Commission as part of the
PD.
1118.194
Open Space And Recreational Amenities Maintenance
Open Space and Recreational Amenities shall be set aside as required in Section
1118.171 for the use of residents and users of the property subject to the Final RPD.
A homeowners’ association, condominium association, or in case of nonresidential
development, an owners association or similar legal entity shall be created to
ensure that continued maintenance, upkeep and control of such areas, including the
required open space, private streets, storm water drainage facilities, and access
drives. The applicant shall provide the City with copies of the Declaration, Articles
of Incorporation and Code of Regulations for review. No Final PD shall be approved
without approval by the City Law Department that a proposed homeowners
association or the like and accompanying regulations are appropriate to implement
the requirements of ownership and continued maintenance of facilities pursuant to
the approved Final PD.
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1119.00
"R-0" MULTI-FAMILY RESIDENCE - OFFICE DISTRICT
1119.10
Purpose: It is the purpose of the "R-0" District to restore economic value to
developed sections of the City where old, large estate properties are no longer
practical for single family residency, where residential properties along major
thoroughfares can be removed and replaced by modem residential and office
buildings and generally areas near the center of the City where a wider choice of
land uses is desirable while still maintaining a non-commercial environment.
1119.20
Principal Permitted Uses: No building, structure or land shall be used and no
building or structure shall be erected, altered or enlarged which is arranged,
intended or designed for other than one of the following, except as provided in
Section 1109.00.
1119.21
General: All principal or conditionally permitted uses and as regulated in the "R-4"
Multi-Family Residence District, except as hereafter modified.
1119.21.1.1
1119.22
Institutional Uses: As defined in Section 1108.00 (OR 2014-5-34) (Revised OR 20149-90)
Cultural: Colleges for academic instruction, business or trade schools, and civic or
institutional offices.
1119.23
1119.24
Mortuary: Mortuaries or funeral homes. This use shall not include crematories.
1119.25
Offices: Business and professional offices.
1119.26
Studios: Art, television, radio, music and dance studios, and/or conservatories.
1119.27
Public Facilities: Publicly owned and operated service facilities by a municipal, county,
state and federal government. Such facilities include administrative buildings and
offices. (OR 96-12-134)
1119.28
Hospitals: As define in Section 1108.00 (Revised OR 2014-9-90)
1119.29
Prohibited Use: Medical Marijuana Cultivation, Processing, or Retail Dispensing: As
Defined in Section 1108.00 (OR 2015-2-14) (REVISED: OR2017-12-132)
105
1119.30
Conditional Uses: The following uses shall be permitted only if specifically
authorized by the City Council in accordance with the provisions in Section
1155.00. (REVISED OR2015-9-80)
1119.31
Transient Accommodations: Transient homes, hotels, motels, motor hotels and
bed and breakfasts for any number of guests; including incidental commercial
accessory uses, when located on a lot having frontage on a street officially
designated as a thoroughfare on the "Official Thoroughfare Plan". (OR 93-3-26)
1119.32
Drive-in Uses: Banks, savings and loan associations and other office uses whose
operations incorporate the service to customers while in their automobile or
requiring the automobile to be present as in an insurance claim office.
1119.33
Antenna Towers: (Replaced by regulations stated in Chapter 1142.00, EOR 97-9105)
1119.34
Residential Facility, Large: (OR 2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
 In order to prevent the excessive concentration of Large Residential Facilities
and to avoid impacting a residential block or neighborhood, the City shall not
grant a conditional use which would permit more than one Large Residential
Facility within the same block or within a 500 foot radius of another Large
Residential Facility.
1119.40
Accessory Uses And Buildings: Accessory uses, buildings or structures as permitted
and regulated in the "R-4" District, and any accessory use, building or structure
customarily incident or accessory to a principal or conditional permitted use in the
"R-0" District.
1119.41
Service: Restaurants, shops, and personal service establishments within multi- family
dwellings, hotels, recreation buildings and office buildings, provided such service use
is limited to no more than five (5%) percent of the gross floor area of the structure in
which it is located, and provided all entrances shall be from within such building or
project, and no exterior business sign shall be permitted. (OR 84-11-95)
106
1119.50
Requirements- The following requirements shall be observed:
1119.51
Maximum Building Height: Seventy (70) feet except as authorized by the Planning
Commission, who will review each application whose height exceeds seventy (70) feet.
The Planning Commission shall base approval of higher heights on the following criteria:
(1)
Added height does not restrict, impede or destroy visual sight distances
exceeding 40 degrees of a plane from neighboring properties.
(2)
Street system is adequate for the proposed density of development and
entrances are planned to eliminate peak traffic and pedestrian congestion.
(3)
Adequate fire protection is provided the proposed building as well as not
adversely affecting neighboring properties.
1119.52
Minimum Lot Area: Five thousand (5000) square feet.
1119.52.1
Minimum Lot Front Width: Fifty-Five (55) feet wide at building setback line. The
minimum lot width may be decreased at the discretion of the Planning Commission
after consideration of the typical widths of lots in the immediate vicinity within a
three hundred foot radius. (OR 97-7-71)
1119.53
Minimum Lot Area per Dwelling Unit: One thousand five hundred (1500) square feet
per dwelling unit, except as modified in Section 1132.00.
107
1119.54
Yards and Lot Area Coverage: Front, rear and side are required as defined in Section
1108.00, as modified in Section 1131.00 and as specified herein below; and the
maximum lot area that may be covered by principal buildings, accessory buildings and
parking spaces or garages, exclusive of areas used for walkways, access drives,
unenclosed porches, patios, swimming pools and other landscape elements, shall not
exceed the percentage of total lot area as specified herein below: (OR 76-11-72)
R-O
BUILDING
HEIGHT
FRONT
YARD
REAR
YARD
SIDE YARDS
LEAST WIDTH
SIDE YARDS SUM
OF LEAST WIDTH
1 to 1 ½ stories
25 feet
10 feet
5 feet
14 feet
MAXIMUM
LOT AREA
COVERAGE
35%
30 feet
25 feet
10 feet
8 feet
18 feet
35%
40 feet
30 feet
15 feet
13 feet
28 feet
32%
50 feet
35 feet
20 feet
18 feet
38 feet
30%
60 feet
40 feet
25 feet
23 feet
48 feet
29%
70 feet
45 feet
30 feet
28 feet
58 feet
28%
When authorized in accordance with Section 1118.51 the following are the minimums that shall be
applied:
R-O
BUILDING
HEIGHT
FRONT
YARD
REAR
YARD
SIDE YARDS
LEAST WIDTH
SIDE YARDS SUM
OF LEAST WIDTH
80 feet
50 feet
35 feet
33 feet
68 feet
MAXIMUM
LOT AREA
COVERAGE
27%
90 feet
55 feet
40 feet
38 feet
78 feet
26%
100 feet and
above
60 feet
45 feet
43 feet
88 feet
25%
1119.55
108
Off-Street Parking and Loading: Off-street parking and loading facilities shall be
provided as specified in Section 1137.00.
1119.100 "OPD" OFFICE PLANNED DEVELOPMENT DISTRICT
(Chapter Amended OR 2008-1-2)
1119.110
Purpose: The purpose of the Office Planned Development (OPD) District is to
enhance concentrated areas of office development or the Central Business District
by integrating a variety of uses to ensure more efficient, successful, and aesthetically
pleasing developments. An OPD District must also comply with the general
provisions for Planned Developments contained in Chapter 1132.00.
1119.120
Principal Permitted Uses:
No building, structure or land shall be used and no
building or structure shall be erected, altered or enlarged which is arranged,
intended or designed for other than one of the following uses:
1119.121
Office: Business and Professional offices.
1119.130
Uses Requiring Specific Approval: An OPD may include the following uses, subject to
obtaining specific approval by the Hamilton Planning Commission (see Chapter 1132
of this Ordinance for the general procedures, regulations, requirements and appeals
process information applicable to Planned Developments).
1119.131
Principal Uses: Principally and Conditionally Permitted uses of the R-0 District (as
set forth in Chapter 1119.00, Sections 1119.20 and 1119.30), but excluding those
uses prohibited by Section 1119.140 of this Chapter. While the Permitted Uses of an
OPD District (as listed in Section 1119.120 of this Chapter) do not require the
Specific Approval of the Planning Commission, the overall Planned Development
Plan does require the Commission's approval.
1119.132
Treatment Facilities, Educational Institutions and Juvenile Correctional Facilities
which are publicly owned and operated by a municipal, county, state, or federal
government.
109
1119.140
Prohibited Uses: The following uses, which may normally be permitted or
conditionally permitted in “AG” (Agricultural) or in “R-1", “R-2", “R-2A”, “R-3",
“R- 4", and “R-O” (Residential Districts), shall be prohibited in an Office
Planned Development:
1119.141
Agricultural Uses (after development)
1119.142
Mining or Drilling
1119.143
Sanitary Landfill/Solid Waste Disposal
1119.144
Antenna Towers (Replaced by requirements set forth in Chapter 1142.00, EOR 979- 105)
1119.145
Instant Bingo (OR 99-7-63)
1119.146
Residential Uses
1119.147
Residential Facility, Small: As Defined in Section 1108.00 (OR 2014-8-71)
1119.148
Residential Facility, Large: As Defined in Section 1108.00 (OR 2014-8-71)
1119.149
Medical Marijuana Cultivation, Processing, or Retail Dispensing: As Defined in
Section 1108.00 (OR 2015-2-14) (REVISED: OR2017-12-132)
1119.151
Requirements And General Development Standards
Minimum Lot Area
1 Acre
Maximum Lot Coverage
50 Percent (1)
Front Yard Setback
15 feet
Rear Yard Setback
20 feet
Side Yard Setback (each side
10 feet
(1) Maximum lot coverage may be increased to 75 percent where all structures meet the minimum
LEED certification or better as defined under the LEED (Leadership in Energy and
Environmental Design) Rating System for housing by the United States Green Build Council.
110
A) Landscaping: All proposed uses within an OPD shall adhere to the following landscaping
requirements. A Landscaping Plan will be required with all site plans, showing the proposed
landscaping for the site. The landscaping plan shall also be reviewed by the City Traffic Engineer
for sight distance issues for plantings located in the public right-of-way.
The following landscaping provisions include a ratio relationship between the number of
plantings required, based upon the number of tree(s) required in Section 1131.70. All bush
plants must be a minimum of one (1) foot tall at planting and all flowering perennial plants and
other plantings must be a minimum of one (1) foot at planting. The City of Hamilton’s Planning
Director may approve other types of appropriate plantings and determine their equitable
quantity, as required per tree. For every required tree a corresponding number of plantings or
trees, from either a, b, or c, will be required for each site plan:
Bushes: 3 Per Required Tree
Flowering Perennials Plants: 6 Per Required Tree Trees: 1 Per Required Tree
If weather conditions preclude tree planting or during the winter months from November 1st
through April 1st of any calendar year, the developer shall deposit $250.00 per required tree,
$30.00 per required bush, and $10.00 per required flower with the City of Hamilton.
B) Building Design and Site Layout. All proposed uses within an OPD shall comply with 1111.00
Architectural, Landscaping, Design, Building and Site Development Regulations with regard to
building design and site layout, or as otherwise approved by the Planning Commission as part of
the PD.
111
leave blank
112
1120.00 "B-1" NEIGHBORHOOD BUSINESS DISTRICT
1120.10 Purpose: It is the purpose of the "B-1" Neighborhood Business District to permit and to
encourage the establishment of small convenience goods and personal service centers not to
exceed three (3) acres in size, located in close proximity to residences. Such Districts shall be so
arranged and designed as to be a functional and harmonious part of a residential neighborhood.
The location of these districts and the nature of their limited commercial activity avoid undue
traffic congestion and provide limited commercial services. Uses creating high traffic volume
and/or having a potential for being out of harmony with adjacent residential uses shall be
examined as conditional uses. (OR 86-11-73)
1120.20 Principal Permitted Uses: No building, structure, or land shall be used and no building or
structure shall be erected, altered or enlarged to exceed five thousand (5,000) square feet in
floor area per establishment, which is arranged, intended, or designed for other than one of the
following uses, except as provided in Section 1109.00 herein:(OR 86-11-73)
1120.20.1 General: All principal or conditionally permitted uses as regulated in the "R-0” Multi-Family
Residence/Office District, except as hereinafter modified.
1120.21 Retail and Service: Retail business or service establishment supplying commodities or
performing services primarily for local residents on a day-to-day basis including grocery stores,
variety and apparel stores, barber shops, beauty parlors, clothes cleaning and laundry pick-up
stations, shoe repair shops, tailor shops, appliance and television repair shops, commercial
parking lots and other similar stores, shops and uses for the conduct of similar retail business or
provide similar personal services. (OR 2014-5-34)
1120.22 Eating Places: Soda fountains, ice cream parlors and restaurants excluding establishments
serving alcoholic beverages, providing entertainment, permitting dancing and having drivein/drive-through service.
1120.23 Offices: Business and professional offices.
1120.24 Financial Institutions: Banks, savings and loan associations and similar financial institutions, not
including drive-through service.
1120.25 Studios: Art, photographic, television, radio, music and dance studios and/or conservatory.
1120.26 Mortuaries: Mortuaries or funeral homes.
1120.27 Business Signs: Business identification signs, professional, institutional, announcement, bulletin
board, real estate and nameplate signs, subject to the provisions of Section 1138.00 hereof.
1120.28 Single and Multi-Family Dwelling Units
1120.29 Agricultural Uses (OR2013-7-58)
Agricultural: Nurseries, commercial, green houses, tree farms, flower or vegetable gardens,
community gardens, fruit or nut orchards, urban agriculture, and general farming greenhouse,
hoop houses, cold-frames, tool sheds, and produce stands with the following restrictions.
All planting must be a minimum of 10-ft from the front property line and 5-ft from rear and side
property lines.
1120.29.1 Residential Facility, Small: As Defined in Section 1108.00 (OR 2014-8-71)
113
1120.30
Conditional Uses: The following uses shall be permitted only if specifically authorized by the
City Council in accordance with the provisions in Section 1155.00 hereof: (OR 86-11-73)
(REVISED OR2015-9-80)
1120.31
Sales and Service to Customers in Motor Vehicles: Drive-in, drive- through, or drive-up
uses; financial institutions; restaurants and eating places; carry-out ("pony keg")
establishments and similar uses. (OR 86-4-24)
1120.32
Eating and/or Drinking Places: Bars and cafes serving or selling alcoholic beverages,
excluding such establishments that provide live entertainment or permit dancing.
1120.34
Self-Service Uses: Self-service laundries, dry cleaners, pumping of gasoline as an
accessory use to convenience or grocery store and similar uses. (OR 86-11-73)
(Previously Amended OR 2014-5-34) (REVISED: OR2014-8-72)
The following conditions pertain to the retail sales of gasoline as accessory use in the B-1
district only:
 The only services permitted to be performed at an accessory vehicle fueling station
shall include the retail sale of automobile fuels, oils, air, and other common vehicular
liquids and lubricants.
 Parking and related driveways and paved areas may be erected in a front yard, but
not less than 20 feet from any property line.
 Minimum lot area 20,000 square feet.
 Minimum lot width 100 feet.
 Facilities that are located on a corner lot shall have a minimum of 100 feet frontage
on each street;
1120.35
Residential Facility, Large: (OR 2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
 In order to prevent the excessive concentration of Large Residential Facilities and to
avoid impacting a residential block or neighborhood, the City shall not grant a
conditional use which would permit more than one Large Residential Facility within
the same block or within a 500 foot radius of another Large Residential Facility.
1120.36
Processing: Retail bakeries, dry cleaning shops, and caterers. (OR 86-11-73) (Amended
OR 2014-5-34)
1120.37
Adult Businesses: (Repealed OR 2014-5-34)
1120.38
Instant Bingo: (Repealed OR 2014-5-34)
1120.39
Large interior household item merchandise such as furniture, appliances, & floor
coverings. (OR 2014-5-34)
114
1120.39.1
1120.40
Prohibited Uses: Pawn Shops, Check Cashing, Bail Bonds, Pay Day Lending, Car Title Loan
Business, Tattoo & Piercing, and Medical Marijuana Cultivation, Processing, or Retail
Dispensing (OR 2014-5-34) (REVISED: OR2017-12-132)
Accessory Uses And Buildings: Any accessory use, building or structure customarily incident
to a principal permitted use or conditionally permitted use, located on the same lot therewith.
(OR 86-11-73)
1120.41
1120.50
Satellite Earth Stations: (Replaced by regulations set forth in Chapter 1142.00, EOR 97-9105)
Requirements: The following requirements shall be observed: (OR 86-11-73)
1120.51
Production for Sale at Retail: All products produced on the premises, whether primary or
incidental, shall be sold at retail on the premises where produced.
1120.53
Non-Objectionable Uses: No processes and/or equipment shall be employed or goods
sold which are objectionable by reason of odor, dust, smoke, gas, cinders, fumes, noise,
vibration, radiation, refuse matter or water-carried waste, in accordance with Section
1139.00 hereof.
1120.54
New Merchandise: Goods for sale shall consist primarily of new merchandise.
1120.55
Maximum Building Height: No principal structure shall exceed two and one-half (2
½) stories or thirty-five (35) feet in height and no accessory structure shall exceed one
(1) story or fifteen (15) feet in height.
1120.56
Minimum Lot Area: For all residential uses, the minimum lot area shall be five thousand
(5000) square feet.
1120.56.1 Minimum Lot Front Width: Fifty-Five (55) feet wide at building setback line. The
minimum lot width may be decreased at the discretion of the Planning Commission after
consideration of the typical widths of lots in the immediate vicinity within a three
hundred foot radius. (OR 97-7-71)
1120.57
Minimum Lot Area per Dwelling Unit: Two thousand (2000) square feet per
dwelling unit. (OR 96-12-134)
115
1120.58
Yards and Lot Area Coverage: Front, rear and side yards are required as defined
in Section 1108.00 hereof, as modified in Section 1131.00 and as specified herein
below. The maximum lot area that may be covered by principal buildings,
accessory buildings and parking spaces or garages, exclusive of areas used for
walkways, access drives, and landscape elements, shall not exceed the percentage
of total lot area as specified in Sections 1120.581 and 1120.582 hereof.
B-1
BUILDING
HEIGHT
FRONT
YARD
Up to and
including 35
feet
116
25 feet
REAR
YARD
25 feet
SIDE YARDS LEAST WIDTH AND
SIDE YARDS SUM OF LEAST WIDTH
MAXIMUM
LOT AREA
COVERAGE
None except when the side yard adjoins a
Residential District, in which case a
minimum side yard of eight (8) feet is
required for buildings fifty (50) feet or less
in length. The side yard shall be increased
one (1) foot for each additional ten (10) feet
of building length along the side yard to a
maximum of twenty (20) feet.
1120.58.1
Non-Residential Use: (OR 85-1-6)
1120.58.2
Residential Uses: Same as specified in "R-O" District. (OR 86-11-73)
Not Applicable
1120.59
Off-Street Parking and Loading: Off-street parking and loading facilities shall be
provided as specified in Section 1137.00 hereof. (OR 86-11-73)
1120.60
Screening: A visual barrier shall be required along the full length of any side or
rear yard adjoining a Residential District. Such barrier shall have a minimum
height of eight (8) feet, be set back a minimum distance of five (5) feet from any
property line, and shall be designed not to obstruct sight lines necessary for safe
traffic movement. Barriers consisting of vegetation shall be planted with a
minimum height of six (6) feet to mature to at least eight (8) feet in height. Visual
barriers may consist of vegetation, natural materials, or man-made materials
excluding metal and plastic, that will successfully reduce noise, divert emissions,
restrict passage, and obstruct not less than seventy-five percent (75%) of the view
from the adjoining property when measured from zero (0) to eight (8) feet above
grade. All barriers shall be maintained by the property owner with timely repair
and/or replanting when needed.
1121.00
“B-2" COMMUNITY BUSINESS DISTRICT
1121.10 Purpose: It is the purpose of the "B-2" District to permit and to encourage the establishment of
commercial shopping centers which offer a wide variety of consumer goods and services. It is
intended that the Community Business District serve a larger population and larger area than
the "B-1" District and, where located along major highways and thoroughfares, accommodate
primarily automotive- oriented establishments.
1121.20 Principal Permitted Uses: No building, structure or land shall be used and no building or
structure shall be erected, altered or enlarged which is arranged, intended or designed for other
than one of the following uses, except as provided in Section 1109.00 above.
1121.21 General: All principal or conditionally permitted uses as regulated in the "B-1" Local
Commercial District, except as hereafter modified.
1121.22 Retail Stores: Any retail store.
1121.23 Personal Services and Business Services:
A) Any personal service establishment.
B) Post offices and telegraph offices.
C) General business services.
D) Eating and drinking places: bars, restaurants, cocktail lounges, subject to all
applicable regulations and such permits and licenses as may be required by law.
E) Entertainment: night clubs, theaters (not including drive-in theaters), billiard parlors,
pool halls, bowling alleys, and similar enterprises, subject to all applicable regulations
and such permits and licenses as may be required by law.
F) Building materials and hardware, primarily for retail.
G) Upholstery shops.
1121.24 Processing: Bakery, catering establishment, laundry or dyeing and cleaning works. (OR
2014-5-34)
1121.25 Ice Storage and Distribution Station: Limited to five (5) tons capacity.
1121.26 Minor Fabricating and Repair: Plumbing shop, painting and decorating shop, tinsmith
shop, electric repair shop (OR2014-8-72).
1121.27 Prohibited Use: Medical Marijuana Cultivation, Processing, or Retail Dispensing:
As Defined in Section 1108.00 (OR2015-2-14) (REVISED: OR2017-12-132)
117
1121.30
Conditional Uses: The following uses shall be permitted only if specifically authorized by the
City Council in accordance with the provisions in Section 1155.00. (REVISED OR2015-9-80)
1121.31 Commercial Recreation: Any type of commercial recreation including baseball fields,
swimming pools, skating rinks, golf driving ranges, drive-in theaters, and similar open air
facilities, provided such use of property shall be located not less than one hundred (100)
feet from any Residential District.
1121.32 Animal Hospitals, Veterinary Clinics: Kennels for display, boarding or treatment of pets and
other domestic animals; provided that any structure or area used for such purposes,
including pens and exercise yards, shall be located at least one hundred (100) feet from any
Residential District and that such pens or exercise runs shall be enclosed on four sides by a
sight obscuring, unpierced fence or wall at least five (5) feet in height.
1121.33 Farm Implement Sales: (REVISED: OR2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:










118
Minimum lot area 20,000 square feet.
Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial, or a collector street, in accordance with the City of
Hamilton Street Designation.
Any repair and services area must be located within an enclosed building.
No junk, inoperative or unlicensed automobiles, except for the inventory of new or
used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be stored on the lot
for more than 30 days.
The only automobile repair and services permitted to be performed outside of a
building shall include but not be limited to the dispensing of fuel, oil, air, and other
common vehicular liquids and lubricants and minor repair such as fuse, light bulb,
windshield wiper replacement, etc.
Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state
and federal standards.
Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
Building Openings. There may not be any openings in side walls, rear walls or roofs
within 50 feet of a residential district, unless the openings are stationary windows
or required fire exits.
Vehicular access drives shall be limited to more than one (1) access drive per street
frontage, unless otherwise approved by the City Traffic Engineer.
Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
1121.34 Public Utility Stations and Services, together with Public Works Facilities (Repealed OR
2014-5-34)
1121.35 Instant Bingo: Instant Bingo, as defined in Section 1108.00, subject to the regulations in
Section 1121.35.1, and any other conditions imposed by the City Council in accordance
with the provisions of Section 1155.00 hereof. (OR 99-7-63) (REVISED OR2015-9-80)
1121.35.1
Instant Bingo Regulations: The use of any building, structure, or premises to distribute,
transfer or sell an instant bingo ticket may only be operated by bone fide charitable
organizations permitted by Chapter 517 of the Codified Ordinances of the City of
Hamilton which are also in compliance with Sections 2915.01 through 2915.12 of the
Ohio Revised Code. (OR 99-7-63)
1121.36 Mortuaries: With crematory services.
1121.37 Printing establishments: Printing establishments, including letterpress, screen printing and
lithographing. Not included are large printing/publishing operations using multi-form,
continuous form, web printing or other similar equipment. All loading docks and doors shall be
at least one hundred (100) feet from any abutting Residential District. (OR 82-7-44)
1121.38 Adult Businesses: Adult Businesses, as defined in Section 1108.00, are permitted, subject to the
regulations in Section 1121.382. (OR 96-8-85)
1121.38.1
Purpose: The purpose of the regulations on Adult Businesses is to promote the peace,
health, safety, and general welfare of the citizens of the City, and to establish reasonable
and uniform regulations to prevent deleterious effects of Adult Businesses within the City.
These regulations have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the intent or effect of the regulations to restrict or deny
adults access to sexually oriented materials protected by the First Amendment, or to deny
the distributors and exhibitors of sexually oriented entertainment access to their
intended market. Neither is it the intent or effect of the regulations to in any way condone
or legitimize the distribution of material obscene or harmful to minors.
119
1121.38.2
120
Adult Business Regulations: Adult Businesses must comply with the following
regulations:
A)
Adult Businesses shall not be located within a radius of 500 feet of any
Residential District.
B)
Adult Businesses shall not be located within a radius of 500 feet of any form
of day-care facility as defined and regulated by R.C. Chapter 5104, nor any
school or teaching facility, including home nursery schools, whether public or
private, governmental or commercial, where the day-care, school or teaching
facility is attended by persons under eighteen (18) years of age.
C)
Adult Businesses shall not be located within a radius of 500 feet of any
other adult business.
D)
Adult Businesses shall only be open for public access between 12:00 pm and
1:00 am.
E)
Off-street parking shall be provided in accordance with the Hamilton Zoning
Ordinance. Retail establishments such as Adult Bookstores shall comply with
Section 1137.28(c)(1), while establishments more closely oriented towards
the provision of entertainment such as Adult Motion Picture Theaters and
Adult Cabarets shall comply with either Section 1137.28(c)(8)(aa) or Section
1137.28(c)(8)(cc), respectively.
F)
Displays or other promotional material shall not be shown or exhibited so as
to be visible to the public from pedestrian sidewalks or walkways, or from
other areas, either public or semi-public.
G)
All building openings, entries, windows, etc. for adult uses shall be located,
covered, or serviced in such a manner as to prevent a view into the interior
from any public or semi-public area, sidewalk, or street. For new
construction, the building shall be oriented so as to minimize any possibility
of viewing the interior from public or semi- public areas.
H)
No viewing screens, surface loudspeakers or sound equipment shall be used
for adult motion picture theaters (enclosed or drive-in) or other adult
business that can be seen or discerned by the public from public or semipublic areas.
I)
All displays, exhibits, materials, performances, entertainment, and activities
at adult businesses, except for adult drive-in theaters, shall be conducted
inside the structure located on the premises and shall not be visible from
outside the premises. This prohibition shall not extend to advertising of the
existence or location of such adult business.
J)
The measure of distance for purposes of this section shall be from
property line to property line along the shortest possible course,
regardless of any customary or common route or path of travel.
1121.39 Single and Multi-Family Dwelling Units: (Revised OR 2014-9-90)
1121.39.1 Hotels (OR 2014-5-34)
1121.39.10 Sweepstakes/Internet Cafe: Sweepstakes/internet cafes, as defined in Section 1108.00,
subject to the regulations in this Section of the zoning ordinance and any other conditions
imposed by the City Council in accordance with the provisions of Section 1155.00 hereof.
Sweepstakes/internet cafes shall be conditionally permitted with the following conditions:
(OR2012-2-9) (REVISED OR2015-9-80)
1.
No sweepstakes/internet cafe shall be located within five hundred (500) feet from
the boundaries of a parcel of real estate having situated on it a school, public
library, public playground, church, or religious institution. (OR2012-2-9)
2.
No sweepstakes/internet cafe shall be located within five hundred (500) feet from
the boundaries of a parcel of restate having situated on it any establishment that
has been issued a liquor permit by the State of Ohio. (OR2012-2-9)
3.
No sweepstakes/internet cafe shall be located within five hundred (500) feet from
the boundaries of a parcel of real estate having situated on it another
sweepstakes/internet cafe. (OR2012-2-9)
4.
A sweepstakes/internet cafe must be registered with and licensed by the City of
Hamilton in accordance with Chapter 756 of the Codified Ordinances of the City of
Hamilton. If at anytime said license should lapse for any reason the conditional use
will be immediately revoked and will require another hearing before the Planning
Commission before it may be reinstated. (OR2012-2-9) (REVISED OR2015-9-80)
5.
If in the future the State of Ohio deems sweepstakes/internet cafes illegal or
regulates them in a different manner the conditional use may be invalidated and
revoked. (OR2012-2-9)
1121.39.2
Residential Facility, Small: As Defined in Section 1108.00 (OR 2014-8-71)
1121.39.20
Pawn Shops (OR 2014-5-34)
1121.39.21
Check Cashing (OR 2014-5-34)
1121.39.22
Bail Bonds (OR 2014-5-34)
1121.39.23
Pay Day Lending (OR 2014-5-34)
1121.39.24
Car Title Loan Business (OR 2014-5-34)
1121.39.25
Tattoo & Piercing (OR 2014-5-34)
121
1121.39.26
Automotive Service and Minor Repair: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
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122
Minimum lot area 20,000 square feet.
Minimum lot area with accessory Car Wash 40,000 Square Feet.
Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial, or a collector street, in accordance with the City of Hamilton
Street Designation.
Facilities that are located on a corner lot shall have a minimum of 100 feet frontage on
each street;
Any automobile awaiting minor repair may be permitted outside of a building.
Automobiles awaiting repair may not be stored on the lot for more than 30 days.
Automobiles awaiting repair, shall be located on a paved surface and shall be setback a
minimum of ten (10) feet from any property line. The area for vehicles shall comply
with the side and rear building setback requirements set for the district in which the lot
is located or be at least ten (10) feet, whichever is greater. All areas not used for parking
of vehicles shall be landscaped according to the requirements of Section 1111.20.
An accessory automated car wash is permitted within a completely enclosed building
and shall have a minimum lot size of 40,000 square feet. The location of access drives
shall be placed as far as possible from the intersection.
Vacuuming or steam cleaning equipment may be located outside a building but shall not
be placed closer than fifty (50) feet to any adjoining residential property and at least
twenty (20) feet from a public right-of-way.
Parking and related driveways and paved areas may be erected in a front yard, but not
less than 20 feet from any property line.
The only services permitted to be performed outside of a building shall include but not
be limited to the dispensing of fuels, oil, air, and other common vehicular liquids and
lubricants and minor repair such as fuse, light bulb, windshield wiper replacement, etc.
Any repair and services area must be located within an enclosed building.
No junk, inoperative or unlicensed automobiles, except for the inventory of new or used
automobiles for sale, or automobiles awaiting repair, shall be permitted outside of any
building. Automobiles awaiting repair may not be stored on the lot for more than 30
days.
The only automobile repair and services permitted to be performed outside of a building
shall include but not be limited to the dispensing of fuel, oil, air and other common
vehicular liquids and lubricants and minor repair such as fuse, light bulb, windshield
wiper replacement, etc.
Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state and
federal standards.
Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
Building Openings. There may not be any openings in side walls, rear walls or roofs
within 50 feet of a residential district, unless the openings are stationary windows or
required fire exits.
Vehicular access drives shall be limited to no more than one (1) access drive per street
frontage, unless otherwise approved by the City Traffic Engineer.
Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
1121.39.27
Automobile and Other Vehicle Sales: (OR2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
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Minimum lot area 20,000 square feet.
Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial or a collector street, in accordance with the City of Hamilton
Street Designation.
Any automobile for sale, or automobiles awaiting minor repair, may be permitted
outside of a building. Automobiles awaiting repair may not be stored on the lot for more
than 30 days.
Display of automobiles for sale, or awaiting minor repair, shall be located on a paved
surface and shall be setback a minimum of ten (10) feet from any property line. The
outdoor display area for vehicles shall comply with the side and rear building setback
requirements set for the district in which the lot is located or be at least ten (10) feet,
whichever is greater. All areas not used for parking or display of vehicles shall be
landscaped according to the requirements of Section 1111.20.
Any repair and services area must be located within an enclosed building.
No junk, inoperative or unlicensed automobiles, except for the inventory of new or used
automobiles for sale, or automobiles awaiting repair, shall be permitted outside of any
building. Automobiles awaiting repair may not be stored on the lot for more than 30
days.
The only automobile repair and services permitted to be performed outside of a building
shall include but not be limited to the dispensing of fuel, oil, air, and other common
vehicular liquids and lubricants and minor repair such as fuse, light bulb, windshield
wiper replacement, etc.
Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state are
federal standards.
Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
Building Openings. There may not be any openings in side walls, rear walls or roofs
within 50 feet of a residential district, unless the openings are stationary windows or
required fire exits.
Vehicular access drives shall be limited to no more than one (1) access drive per street
frontage, unless otherwise approved by the City Traffic Engineer.
Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
123
1121.39.28
Automobile Washing Facilities (Car Wash): (OR 2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
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124
Minimum lot area 20,000 square feet.
Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial or a collector street, in accordance with the City of Hamilton
Street Designation.
Automobile washing structures shall be located at least fifty (50) feet from any adjoining
residential property.
A solid wall, fence or landscaping, a minimum of six (6) feet in height shall separate an
automobile washing facility from adjoining residential property.
All automated automobile washing facilities shall be located entirely within an enclosed
building, except that entrance and exit doors may be left open during the hours of
operation.
Vacuuming or steam cleaning equipment may be located outside a building, but shall not
be placed closer than fifty (50) feet to any adjoining residential property and at least
twenty (20) feet from a public right-of-way.
Off-street parking and waiting space shall be provided for auto washing facilities as
specified in Section 1137.27.C, Off-Street Parking and Loading Regulations. Waiting
spaces shall not block or otherwise interfere with site circulation patterns.
Vehicular access shall be provided from a thoroughfare street and access shall be limited
to no more than one (1) access drive per street frontage. The location of access drives
shall be placed as far as possible from the intersection unless otherwise approved by the
City Traffic Engineer.
Any repair and services area must be located within an enclosed building.
No junk, inoperative or unlicensed automobiles, except for the inventory of new or used
automobiles for sale, or automobiles awaiting repair shall be permitted outside of any
building. Automobiles awaiting repair may not be stored on the lot for more than 30
days.
The only automobile repair and services permitted to be performed outside of a building
shall include but not be limited to the dispensing of fuel, oil, air, and other common
vehicular liquids and lubricants and minor repair such as fuse, light bulb, windshield
wiper replacement, etc.
Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state, and
federal standards.
Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
Building Openings. There may not be any openings in side walls, rear walls or roofs
within 50 feet of a residential district, unless the openings are stationary windows or
required fire exits.
Vehicular access drives shall be limited to no more than one (1) access drive per street
frontage, unless otherwise approved by the City Traffic Engineer.
Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
1121.39.3
Residential Facility, Large: (OR 2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
In order to prevent the excessive concentration of Large Residential Facilities and to avoid
impacting a residential block or neighborhood, the City shall not grant a conditional use
which would permit more than one Large Residential Facility within the same block or
within a 500 foot radius of another Large Residential Facility.
1121.40 Accessory Uses And Buildings: Any accessory use, building or structure customarily incident
to a principal permitted use, located on the same lot herewith.
1121.50 Requirements: The following requirements shall be observed:
1121.52 Non-Objectionable Uses: No processes and equipment shall be employed or goods sold
which are objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise,
vibration, radiation, refuse matter or water carried waste, in accordance with Section
1139.00.
1121.53 Maximum Building Height: No principal structure shall exceed two and one-half (2 ½)
stories or thirty-five (35) feet in height and no accessory structure shall exceed twenty (20)
feet in height.
1121.54 Minimum Lot Area: For residential uses, the minimum lot area shall be five thousand
(5000) square feet.
1121.54.1 Minimum Lot Front Width: Fifty-Five (55) feet wide at building setback line. The minimum
lot width may be decreased at the discretion of the Planning Commission after
consideration of the typical widths of lots in the immediate vicinity within a three-hundred
foot radius. (OR 97-7-71)
1121.55 Minimum Lot Area Per Dwelling Unit: Two thousand (2000) square feet per
dwelling unit. (OR 96-12-134)
125
1121.56 Yards and Lot Area Coverage: Front, rear and side yards are required as defined in
Section 1108.00, as modified in Section 1131.00 and as specified herein below; and
the maximum lot area that may be covered by principal buildings, accessory
buildings and parking spaces or garages, exclusive of areas used for walkways,
access drives, and landscape elements shall not exceed the percentage of total lot
areas as specified herein below.
B-2
BUILDING
HEIGHT
FRONT
YARD
REAR
YARD
SIDE YARDS LEAST WIDTH AND
SIDE YARDS SUM OF LEAST WIDTH
MAXIMUM LOT
AREA COVERAGE
Up to and
including 35
feet
25 feet
25 feet
None except when the side yard adjoins a
residential district, in which case a
minimum side yard of eight (8) feet is
required for buildings fifty (50) feet or
less in length. The side yard shall be
increased one (1) foot for each additional
ten (10) feet of building length along the
side yard to a maximum of twenty (20)
feet.
Not
Applicable
1121.56.1 Non-Residential Use: (OR 85-1-6)
1121.56.2 Front Yard: Twenty-five (25) feet except as modified by Section 1131.31 hereof.
(OR 84-11-95)
1121.56.3 Residential Use: Same as specified in the "R-O" District.
1121.57 Off-Street Parking and Loading: Off-street parking and loading facilities shall be
provided as specified in Section 1137.00.
126
1122.00 "B-3" CENTRAL BUSINESS DISTRICT
1122.10 Purpose: It is the purpose of the "B-3" District to permit and to encourage the
establishment of a wide variety of shopping goods and services in the Central Business
District in such a way as to attract consumers from a large trade area. Only those uses,
which will materially interfere with the overall function of the Central Business
District, will be excluded.
1122.20 Principal Permitted Uses: No building, structure or land shall be used and no building or
structure shall be erected, altered or enlarged which is arranged, intended or designed
for other than one of the following uses, except as provided in Section 1109.00 above.
1122.21
General: All principal or conditionally permitted uses as regulated in the "B-2"
Community Business District, except as modified herein below:
1122.22
Trade and Services: Any retail stores, personal service or business service
establishment, subject to all applicable regulations and such permits and licenses
as may be required by law, and further provided that the use is not objectionable
due to noise, fumes, smoke, odor or vibration, including the following, and other
similar uses:
1122.23
A)
Eating and drinking places, excluding drive-in food services.
B)
Trade and business schools.
C)
Hotels, motels, group quarters, all being non-residential uses in this
District. (OR 85-1-6)
D)
Publishing, job printing and blue printing.
E)
Wholesale establishments, with warehousing stock.
Deleted (OR 2014-9-90)
127
1122.25
128
Prohibited Uses: No building, structure or land shall be used and no building or
structure erected, altered or enlarged which is arranged, intended or designed for any
of the following uses; provided, however, that any of the uses herein described that
legally existed in the “B-3" District at the time of the adoption of this Ordinance, or any
amendment thereto, shall be classified as a Conditional Use and subject to the provisions
of Section 1155.00. (OR 96-12-134) (REVISED OR2015-9-80)
1122.25.1
Adult Businesses (OR 96-12-134)
1122.25.2
Instant Bingo (OR 99-7-63)
1122.25.3
Sweepstakes/Internet Café (OR2012-7-60)
1122.25.4
Not Permitted:
1122.25.4.1
Pawn Shops (OR2014-5-34)
1122.25.4.2
Check Cashing (OR2014-5-34)
1122.25.4.3
Bail Bonds (OR2014-5-34)
1122.25.4.4
Pay Day Lending (OR2014-5-34)
1122.25.4.5
Car Title Loan Business (OR2014-5-34)
1122.25.4.6
Tattoo & Piercing (OR2014-5-34)
1122.25.4.7
Automobile Washing Facilities (Car Wash):
As Defined in Section 1108.00 - (OR2014-8-72)
1122.25.4.8
Farm Implements Sales: As Defined in Section 1108.00 (OR2014-8-72)
1122.25.4.9
Medical Marijuana Cultivation, Processing, or Retail Dispensing: As
Defined in Section 1108.00(OR 2015-2-14) (REVISED: OR2017-12132)
1122.30 Conditional Uses: The following uses shall be permitted only if specifically authorized by
the City Council in accordance with the provisions in Section 1155.00. (REVISED
OR2015-9-80)
1122.31
Limited Industrial Uses: Manufacturing, treatment, converting, finishing,
warehousing or assembling authorized as a principal permitted use in the "I-1"
Limited Industrial District, provided that such use shall be located on floors other
than the ground floor and, further provided, that any mechanical equipment,
machinery or process is not hazardous, offensive or objectionable to neighboring
properties due to noise, fumes, smoke, odor or vibration. Any such use is subject to
the requirements of Section 1139.00 Performance Standards.
1122.32
Commercial Parking Garages and Lots: Commercial parking garages and lots for
passenger vehicles only, provided a reservoir space is provided within the garage
or lot for holding cars awaiting entrance, which reservoir space shall have a
vehicular capacity of no less than two percent (2%) of the total parking capacity of
such garages or lot, in any event not less than two vehicles.
1122.33
Automotive Service Stations when accessory to a principal permitted use.
1122.34
Correctional Facility (OR 89-4-33)
1122.35
Single and Multi-Family Dwelling Units: (Revised OR 2014-9-90)
129
1122.36
130
Automobile and Other Vehicle Sales: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:

Minimum lot area 20,000 square feet.
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Minimum lot width 100 feet and must be located along a street classified as
major arterial, minor arterial or a collector street, in accordance with the City of
Hamilton Street Designation.

Any automobile for sale, or automobiles awaiting minor repair, may be
permitted outside of a building. Automobiles awaiting repair may not be stored
on the lot for more than 30 days.

Display of automobiles for sale, or awaiting minor repair, shall be located on a
paved surface and shall be setback a minimum of ten (10) feet from any
property line. The outdoor display area for vehicles shall comply with the side
and rear building setback requirements set for the district in which the lot is
located or be at least ten (10) feet, whichever is greater. All areas not used for
parking or display of vehicles shall be landscaped according to the
requirements of Section 1111.20

Any repair and services area must be located within an enclosed building.

No junk, inoperative or unlicensed automobiles, except for the inventory of new
or used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be stored on the
lot for more than 30 days.

The only automobile repair and services permitted to be performed outside of a
building shall include but not be limited to the dispensing of fuel, oil, air, and
other common vehicular liquids and lubricants and minor repair such as fuse,
light bulb, windshield wiper replacement, etc.

Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local,
state and federal standards.

Indoor Storage. Used or discarded automotive parts or equipment, not
including hazardous materials as mentioned above must be stored inside a
building.

Building Openings. There may not be any openings in side walls, rear walls or
roofs within 50 feet of a residential district, unless the openings are stationary
windows or required fire exits.

Vehicular access drives shall be limited to no more than one (1) access drive per
street frontage, unless otherwise approved by the City Traffic Engineer.

Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
1122.37
Major Auto Repair: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:

Minimum lot area 20,000 square feet

Minimum lot width 100 feet

Facilities that are located on a corner lot shall have a minimum of 100 feet
frontage on each street.

Major Auto Repair Outdoor Automobile Storage. Any space devoted to the
storage of motor vehicles awaiting Major Auto Repair (as defined in Section
1108.00) must be located behind the principal structure or screened from the
view of any public right-of-way. Screening may be accomplished by a solid wall,
fence, or landscaping, a minimum of six (6) feet in height.

Any repair and services area must be located within an enclosed building.

No junk, inoperative or unlicensed automobiles, except for the inventory of new
or used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be stored on the lot
for more than 30 days.

The only automobile repair and services permitted to be performed outside of a
building shall include but not be limited to the dispensing of fuel, oil, air, and
other common vehicular liquids and lubricants and minor repair such as fuse,
light bulb, windshield wiper replacement, etc.

Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state
and federal standards.

Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.

Building Openings. There may not be any openings in side walls, rear walls or
roofs within 50 feet of a residential district, unless the openings are stationary
windows or required fire exits.

Vehicular access drives shall be limited to no more than one (1) access drive per
street frontage, unless otherwise approved by the City Traffic Engineer.

Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
131
1122.37.1
132
Automotive Service and Minor Repair: (OR2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:

Minimum lot area 20,000 square feet.

Minimum lot area with accessory Car Wash 40,000 Square Feet.

Minimum lot width 100 feet and must be located along a street classified as
major arterial, minor arterial, or a collector street, in accordance with the City of
Hamilton Street Designation.

Facilities that are located on a corner lot shall have a minimum of 100 feet
frontage on each street;

Any automobile awaiting minor repair may be permitted outside of a building.
Automobiles awaiting repair may not be stored on the lot for more than 30 days.

Automobiles awaiting repair, shall be located on a paved surface and shall be
setback a minimum of ten (10) feet from any property line. The area for vehicles
shall comply with the side and rear building setback requirements set for the
district in which the lot is located or be at least (10) feet, whichever is greater.
All areas not used for parking of vehicles shall be landscaped according to the
requirements of Section 1111.20.

An accessory automated car wash is permitted within a completely enclosed
building and shall have a minimum lot size of 40,000 square feet. The location of
access drives shall be placed as far as possible from the intersection.

Vacuuming or steam cleaning equipment may be located outside a building, but
shall not be placed closer than fifty (50) feet to any adjoining residential
property and at least twenty (20) feet from a public right-of-way.

Parking and related driveways and paved areas may be erected in a front yard,
but not less than 20 feet from any property line.

The only services permitted to be performed outside of a building shall include
but not be limited to the dispensing of fuels, oil, air, and other common vehicular
liquids and lubricants and minor repair such as fuse, light bulb, windshield wiper
replacement, etc.

Any repair and services area must be located within an enclosed building.

No junk, inoperative or unlicensed automobiles, except for the inventory of new
or used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be store on the lot
for more than 30 days.

The only automobile repair and services permitted to be performed outside of a
building shall include but not be limited to the dispensing of fuel, oil, air and
other common vehicular liquids and lubricants and minor repair such as fuse,
light bulb, windshield wiper replacement, etc.

Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state
and federal standards.

Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.

Building Openings. There may not be any openings in side walls, rear walls or
roofs within 50 feet of a residential district, unless the openings are stationary
windows or required fire exits.

Vehicular access drives shall be limited to no more than one (1) access drive per
street frontage, unless otherwise approved by the City Traffic Engineer.

Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
1122.38
Residential Facility, Small: As Defined in Section 1108.00 (OR 2014-8-71)
1122.39
Residential Facility, Large: (OR 2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
 In order to prevent the excessive concentration of Large Residential Facilities and
to avoid impacting a residential block or neighborhood, the City shall not grant a
conditional use which would permit more than one Large Residential Facility
within the same block or within a 500 foot radius of another Large Residential
Facility.
1122.40
Accessory Uses And Building: Any accessory use, building or structure customarily
incident to a principal permitted use or conditionally permitted use, located on the
same lot therewith.
1122.50
Requirements: The following requirements shall be observed:
1122.52 Non-Objectionable Uses: No processes and equipment shall be employed or goods
sold which are objectionable by reason of odor, dust, smoke, cinders, gas, fumes,
noise, vibration, radiation, refuse matter or water-carried waste, in accordance with
Section 1139.00.
1122.53 Maximum Building Height:
1122.53.1
Non-Residential Use: No limit.
1122.53.2
Residential use: Same as specified in the "R-O" District.
1122.54 Minimum Lot Area: No minimum required for non-residential uses. For residential
uses, the minimum lot area shall be five thousand (5000) square feet.
1122.54.1
Minimum Lot Front Width: Fifty-Five (55) feet wide at building setback line.
The minimum lot width may be decreased at the discretion of the Planning
Commission after consideration of the typical widths of lots in the immediate
vicinity within a three-hundred foot radius. (OR 97-7-71)
1122.55 Minimum Lot Area Per Dwelling Unit: One thousand (1000) square feet per dwelling
unit, except as modified in Section 1132.00
133
1122.56 Yards and Lot Area Coverage:
1122.56.1
Non-Residential Use: None required.
1122.56.2
Residential Use: Same as specified in "R-O" District.
1122.57 Off-Street Parking and Loading:
134
1122.57.1
Off-street parking shall be provided as specified in Section 1137.00 with credit
being given for up to fifty (50) percent of the total required spaces where such
credited space is available through public parking lots and parking garages
within a distance of five hundred (500) feet of the building setback line of said
use.
1122.57.2
Where metered on-street parking is located within three hundred (300) feet of
a business the total off-street parking requirements for that business as
specified in Section 1137.00 shall be reduced by fifty (50) percent. (OR200412-120)
1122.57.3
Whenever public parking garages or public parking lots are located within five
hundred (500) feet of a business and on-street metered parking is also located
within three hundred (300) feet of the same business, all parking
requirements as specified by Section 1137.00 may be waived by the Planning
Director. (OR2004-12-120)
1122.57.4
Off-street loading facilities shall be provided as specified in Section 1137.40.
1122.100 "BPD" BUSINESS PLANNED DEVELOPMENT DISTRICT
(Chapter Amended OR 2008-1-2)
1122.110 Purpose: The purpose of the Business Planned Development (BPD) District is to
enhance commercial neighborhood/community shopping centers, or the Central
Business District, by integrating a variety of uses to ensure more efficient, successful,
and aesthetically please developments. A BPD District must also comply with the
general provisions for Planned Developments contained in Chapter 1132.00.
1122.120 Principal Permitted Uses: No building, structure or land shall be used and no
building or structure shall be erected, altered or enlarged which is arranged,
intended or designed for other than one of the following uses:
1122.121
Principal Uses: Principal Uses of the B-1 District (as set forth in Chapter
1120.00 - Neighborhood Business District, Section 1120.20), EXCEPT as
modified by Section 1122.140 of this Chapter.
1122.130 Uses Requiring Specific Approval: A BPD may include the following uses, subject to
obtaining Specific Approval by the Hamilton Planning Commission (see Chapter
1132.00 of this Ordinance for the general procedures, regulations, requirements and
appeal process information applicable to Planned Developments).
1122.131
Principal: Conditionally Permitted uses of the B-1 District (Chapter 1120 Neighborhood Business District), and Principal and Conditional Permitted
uses of the B-2 and B-3 Districts (Chapter 1120.00 - Community Business
District, and Chapter 1122.00 - Central Business District) and miniwarehouses, but excluding those uses prohibited by Section 1122.140 of this
Chapter. While the Permitted Uses of a BPD (as listed in Section 1122.120 of
this Chapter) do not require the Specific Approval of the Planning Commission,
the overall Planned Development Plan does require the Commission's
approval. (Amended by OR 2001-1-2)
135
1122.140 Prohibited Uses: The following uses, which may normally be permitted or
conditionally permitted in “AG” (Agricultural); in “R-1", “R-2", “R-2A”, “R-3", “R-4",
and “R-O” (Residential Districts); and in “B-1" and “B-2" (Business Districts), shall be
prohibited in all Business Planned Developments
1122.141
Major Auto Repair: As Defined in Section 1108.00 (REVISED: OR2014-8-72)
1122.142
Correctional Facility
1122.143
Limited Industrial Uses
1122.144
Mortuaries with Crematory Services
1122.145
Sanitary Landfill/Solid Waste Disposal
1122.146
Adult Businesses (OR 96-12-134)
1122.147
Instant Bingo (OR 99-7-63)
1122.148
Sweepstakes/Internet Café (OR2012-7-60)
1122.149
Not Permitted:
1122.149.1 Pawn Shops (OR2014-5-34)
1122.149.2 Check Cashing (OR2014-5-34)
1122.149.3 Bail Bonds (OR2014-5-34)
1122.149.4 Pay Day Lending (OR2014-5-34)
1122.149.5 Car Title Loan Business (OR2014-5-34)
1122.149.6 Tattoo & Piercing (OR2014-5-34)
1122.149.7 Farm Implement Sales: As Defined in Section 1108.00 (OR 2014-8-72)
1122.149.8 Residential Facility, Large: As Defined in Section 1108.00 (OR 2014-8-71)
1122.149.9 Medical Marijuana Cultivation, Processing, or Retail Dispensing: As Defined in
Section 1108.00 (OR 2015-2-14) (REVISED: OR2017-12-132)
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1122.150 Requirements And General Development Standards
Minimum Lot Area
1 Acre
Maximum Lot Coverage
60 Percent (1)
Front Yard Setback
10 feet
Rear Yard Setback
10 feet
Side Yard Setback (each side)
10 feet
(1) Maximum lot coverage may be increased to 80 percent where all structures
meet the minimum LEED certification or better as defined under the LEED
(Leadership in Energy and Environmental Design) Rating System for housing
by the United States Green Build Council.
1122.151
Landscaping: All proposed uses within an BPD shall adhere to the following
landscaping requirements. A Landscaping Plan will be required with all site
plans, showing the proposed landscaping for the site. The landscaping plan shall
also be reviewed by the City Traffic Engineer for sight distance issues for
plantings located in the public right-of-way.
The following landscaping provisions include a ratio relationship between the
number of plantings required, based upon the number of tree(s) required in
Section 1131.70. All bush plants must be a minimum of one (1) foot tall at planting
and all flowering perennial plants and other plantings must be a minimum of one
(1) foot at planting. The City of Hamilton’s Planning Director may approve other
types of appropriate plantings and determine their equitable quantity, as required
per tree. For every required tree a corresponding number of plantings or trees,
from either a, b, or c, will be required for each site plan:
a) Bushes: 3 Per Required Tree
b) Flowering Perennials Plants: 6 Per Required Tree
c) Trees: 1 Per Required Tree
If weather conditions preclude tree planting or during the winter months from
November 1st through April 1st of any calendar year, the developer shall deposit
$250.00 per required tree, $30.00 per required bush, and $10.00 per required
flower with the City of Hamilton.
1122.152
Building Design and Site Layout. All proposed uses within an BPD shall comply
with 1111.00 Architectural, Landscaping, Design, Building and Site
Development Regulations with regard to building design and site layout, or as
otherwise approved by the Planning Commission as part of the PD.
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1122.160 Residential Development and Mixed Use Development Provisions. Residential
developments shall comply with all the minimum requirements of Chapter 1118.00 RPD
Residential Planned Development District.
Residential Developments that exceed the standards for Permitted Commercial Ancillary
Uses found in Chapter 1118.142.1 proposed under the BPD designation shall be
considered a Residential Mixed-Use Development. Such developments shall also comply
with the requirements of the Chapter 1118.00 Residential Planned Development, or as
otherwise approved by the Planning Commission as part of the Planned Development.
1122.170 Mini-Warehouse Regulations The Planning Commission, as a condition of approval, shall
require the following standards:
A.
TYPE OF USE
MININUM LOT AREA
MAXIMUM LOT COVERAGE
Mini-Warehouse
2 Acres
60 Percent
Off-Street Parking and Interior Driveways:
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes
shall be at least twenty-five (25) feet wide when cubicles open onto one side of the lane
and at least thirty (30) feet wide when cubicles open onto both sides of the lane.
Parking shall be provided as required by Section 1137.28(c).
B.
Access: One point of ingress and egress shall be provided off an arterial road with a
minimum width of twenty-eight (28) feet and with enough stacking depth for two (2)
vehicles or from the interior of an adjacent property via a common access easement.
C.
Outdoor Lighting. All outdoor lights may be of sufficient intensity to discourage
vandalism and theft as well as follow the requirements as written in Section 1132.80.
D.
Landscaping. Where the subject lot is adjacent to a residential zoning district, a twentyfive (25) foot landscaped yard shall be provided on the lot adjacent to the residential
zoning district and a twenty (20) foot landscaped front yard shall be provided when
within 100 feet of a residential zoning district or when across the street from a
residential zoning district. The landscaping shall be in addition to any architectural
screening type fences or face of the structure that shall be designed to screen the use
from the residential neighborhood.
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E.
Dead Storage Only:
Mini-warehouses shall be limited to dead storage use only:
1) No activities other than rental of storage units and pick-up and deposit of dead storage
shall be allowed on the premises. Examples of activities prohibited include, but are not
limited to:
i.
Auctions, commercial, wholesale or retail sales, or miscellaneous or garage
sales; and
ii. The servicing, repair, or fabrication of motor vehicles, boats, trailers,
lawnmowers, appliances, or other similar equipment; and
iii. The operation of power tools, spray painting equipment, table saws, lathes,
compressors, welding equipment, kilns, or other similar equipment; and
iv. A transfer and storage business.
2) Radioactive materials, explosives and flammable or hazardous chemicals shall be
prohibited.
3) All mini-warehouse rental agreements shall include clauses prohibiting the storage of
flammable liquids, highly combustible or explosive materials, or hazardous chemicals.
Copies of the master lease form which contains the language prohibiting these uses must
be submitted with the final plan.
F.
Exterior Finish. The exteriors of mini-warehouses shall be of finished quality.
G.
Live-in Managers. A live-in manager is allowed. The manager’s quarters may include or
be separate from the leasing office. The manager shall be responsible for security and
together with the owner, responsible for conformance with the provisions of this
ordinance.
H.
Fencing. A fence shall be erected for the purpose of security around the entire facility
and shall be located not closer than six (6) feet from a boundary property line. The fence
shall not exceed eight (8) feet in height, unless unusual topography or similar situations
may permit a fence not exceeding ten (10) feet in height.
I.
Routine Maintenance.
Nothing in this section shall preclude any property owner to
carry out routine maintenance and repair of facilities located within an approved Final
PD, provided that such maintenance and repair do not violate the approved Final PD.
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140
1123.00 "I-1" LIMITED INDUSTRIAL DISTRICT
(All Sections replaced by OR 89-4-33)
1123.10 Purpose: It is the purpose of the "I-1" District to create industrial areas that will be
acceptable within the City and will not adversely affect adjacent business or residential
neighborhoods by permitting industrial establishments which are clean, quiet, and free
of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare; and
whose objectionable features will be obviated by design and/or appropriate devices.
1123.20 Principal Permitted Uses: No building, structure, or land shall be used and no building or
structure shall be erected, altered or enlarged which is not arranged, intended or
designed for uses such as but not limited to the following, except as provided in Section
1109.00 and further regulated by the Performance Standards of Section 1139.00. The
standard industrial classification manual may also be used as a guide in proper
classification.
1123.21
General: All principal or conditionally permitted uses as listed in the "B-3" Central
Business District, except as hereinafter modified.
1123.22
Manufacturing, Assembly, Fabricating, Processing:
A)
Food and related products such as dairies, canneries, bakeries, bottling plants
B)
Tobacco products
C)
Finished textile products such as clothing and apparel, curtains, draperies and
bedding, tents, awnings
D)
Finished paper products such as file folders, stationery, envelopes, tablets,
sanitary paper products
E)
Book binding, manifold business forms such as binding, edging and repair,
computer forms, business forms
F)
Finished leather products such as footwear, gloves, handbags
G)
Electronic and other electrical equipment and components such as motors,
generators, T.V., Household appliances, communication equipment, computer
equipment
H)
Measuring, analyzing and controlling instruments
I)
Furniture and fixtures such as metal and wood furniture, cabinets, counters
J)
Fabricated metal products such as cans, hand tools, hardware, household
appliances
141
1123.23
Public Works and Public Utilities Facilities: Solid waste disposal and sanitary
landfill, water and wastewater treatment plant
1123.24
Warehousing, Interior Storage, and Distribution Centers
1123.25
DELETED (OR 2014-8-72)
1123.26
Construction Contractor, Excluding Exterior storage
1123.27
Agricultural Uses
1123.28
Signs as Regulated in Section 1138.00
1123.30 Conditional Uses: The following uses shall be permitted only if specifically authorized by
the City Council in accordance with the provisions in Section 1155.00. (REVISED
OR2015-9-80)
1123.31
Vehicle Impound Lots
1123.32
Exterior Storage and/or Parking of Contractor's Supplies and Equipment
1123.33
Correctional facility
1123.34
Adult Businesses: Adult Businesses, as defined in Section 1108.00, are permitted,
subject to the regulations in Section 1123.342. (OR 96-8-85)
1123.34.1
142
Purpose: The purpose of the regulations on Adult Businesses is to promote
the peace, health, safety, and general welfare of the citizens of the City, and to
establish reasonable and uniform regulations to prevent deleterious effects of
Adult Businesses within the City. These regulations have neither the purpose
nor effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly, it is
not the intent or effect of the regulations to restrict or deny adults access to
sexually oriented materials protected by the First Amendment, or to deny the
distributors and exhibitors of sexually oriented entertainment access to their
intended market. Neither is it the intent or effect of the regulations to in any
way condone or legitimize the distribution of material obscene or harmful to
minors.
1123.34.2
Adult Business Regulations: Adult Businesses must comply with the following
regulations:
A)
Adult Businesses shall not be located within a radius of 500 feet of any
Residential District.
B)
Adult Businesses shall not be located within a radius of 500 feet of any
form of day-care facility as defined and regulated by R.C. Chapter 5104,
nor any school or teaching facility, including home nursery schools,
whether public or private, governmental or commercial, where the daycare, school or teaching facility is attended by persons under
eighteen(18) years of age.
C)
Adult Businesses shall not be located within a radius of 500 feet of any
other adult business.
D) Adult Businesses shall only be open for public access between 12:00
pm and 1:00 am.
E)
Off-street parking shall be provided in accordance with the Hamilton
Zoning Ordinance. Retail establishments such as Adult Bookstores shall
comply with Section 1137.28(c)(1), while establishments more closely
oriented towards the provision of entertainment such as Adult Motion
Picture Theaters and Adult Cabarets shall comply with either Section
1137.28(c)(8)(aa) or Section 1137.28(c)(8)(cc), respectively.
F)
Displays or other promotional material shall not be shown or exhibited
so as to be visible to the public from pedestrian sidewalks or walkways,
or from other areas, either public or semi-public.
G)
All building openings, entries, windows, etc. for adult uses shall be
located, covered, or serviced in such a manner as to prevent a view into
the interior from any public or semi-public area, sidewalk, or street. For
new construction, the building shall be oriented so as to minimize any
possibility of viewing the interior from public or semi-public areas.
H) No viewing screens, surface loudspeakers or sound equipment shall be
used for adult motion picture theaters (enclosed or drive-in) or other
adult business that can be seen or discerned by the public from public
or semi-public areas.
I)
All displays, exhibits, materials, performances, entertainment, and
activities at adult businesses, except for adult drive-in theaters, shall be
conducted inside the structure located on the premises and shall not be
visible from outside the premises. This prohibition shall not extend to
advertising of the existence or location of such adult business.
J)
The measure of distance for purposes of this section shall be from
property line to property line along the shortest possible course,
regardless of any customary or common route or path of travel.
143
1123.35
1123.35.1
1123.36
Instant Bingo: Instant Bingo as defined in Section 1108.00, as subject to the
regulations in Section 1123.35.1, and any other conditions imposed by the City
Council in accordance with the provisions of Section 1155.00 hereof. (OR 99-7-63)
(REVISED OR2015-9-80)
Instant Bingo Regulations: The use of any building, structure, or premises to
distribute, transfer or sell an instant bingo ticket may only be operated by
bone fide charitable organizations permitted by Chapter 517 of the Codified
Ordinances of the City of Hamilton, which are also in compliance with
Sections 2915.01 through 2915.12 of the Ohio Revised Code. (OR 99-7-63)
Automobile and Other Vehicle Sales: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
 Minimum lot area 20,000 square feet.
 Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial or a collector street, in accordance with the City of Hamilton
Street Designation.
 Any automobile for sale, or automobiles awaiting minor repair, may be permitted
outside of a building. Automobiles awaiting repair may not be stored on the lot for
more than 30 days.
 Display of automobiles for sale, or awaiting minor repair, shall be located on a paved
surface and shall be setback a minimum of ten (10) feet from any property line. The
outdoor display area for vehicles shall comply with the side and rear building setback
requirements set for the district in which the lot is located or be at least ten (10) feet,
whichever is greater. All areas not used for parking or display of vehicles shall be
landscaped according to the requirements of Section 1111.20.
 Any repair and services area must be located within an enclosed building.
 No junk, inoperative or unlicensed automobiles, except for the inventory of new or
used automobiles for sale, or automobiles awaiting repair, shall be permitted outside
of any building. Automobiles awaiting repair may not be stored on the lot for more
than 30 days.
 The only automobile repair and services permitted to be performed outside of a
building shall include but no be limited to the dispensing of fuel, oil, air, and other
common vehicular liquids and lubricants and minor repair such as fuse, light bulb,
windshield wiper replacement, etc.
 Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state and
federal standards.
 Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building
 Building Openings. There may not be any openings in side walls, rear walls or roofs
within 50 feet of a residential district, unless the openings are stationary windows or
required fire exits.
 Vehicular access drives shall be limited to no more than one (1) access drive per street
frontage, unless otherwise approved by the City Traffic Engineer.
 Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
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1123.37
Residential Uses
1123.38.1
Major Auto Repair: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
 Minimum lot area 20,000 square feet
 Minimum lot width 100 feet
 Facilities that are located on a corner lot shall have a minimum of 100 feet frontage
on each street.
 Major Auto Repair Outdoor Automobile Storage. Any space devoted to the storage
of motor vehicles awaiting Major Auto Repair (as defined in Section 1108.00) must
be located behind the principal structure or screened from the view of any public
right-of-way. Screening may be accomplished by a solid wall, fence, or
landscaping, a minimum of six (6) feet in height.
 Any repair and services area must be located within an enclosed building.
 No junk, inoperative or unlicensed automobiles, except for the inventory of new or
used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be stored on the lot
for more than 30 days.
 The only automobile repair and services permitted to be performed outside of a
building shall include but not be limited to the dispensing of fuel, oil, air, and other
common vehicular liquids and lubricants and minor repair such as fuse, light bulb,
windshield wiper replacement, etc.
 Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state
and federal standards.
 Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
 Building Openings. There may not be any openings in side walls, rear walls or
roofs within 50 feet of a residential district, unless the openings are stationary
windows or required fire exits.
 Vehicular access drives shall be limited to no more than one (1) access drive per
street frontage, unless otherwise approved by the City Traffic Engineer.
 Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
145
1123.38.2
Automotive Service and Minor Repair: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
 Minimum lot area 20,000 square feet.
 Minimum lot area with accessory Car Wash 40,000 Square Feet.
 Minimum lot width 100 feet and must be located along a street classified as major arterial,
minor arterial, or a collector street, in accordance with the City of Hamilton Street
Designation.
 Facilities that are located on a corner lot shall have a minimum of 100 feet frontage on
each street;
 Any automobile awaiting minor repair may be permitted outside of a building.
Automobiles awaiting repair may not be stored on the lot for more than 30 days.
 Automobiles awaiting repair, shall be located on a paved surface and shall be setback a
minimum of ten (10) feet from any property line. The area for vehicles shall comply with
the side and rear building setback requirements set for the district in which the lot is
located or be at least (10) feet, whichever is greater. All areas not used for parking of
vehicles shall be landscaped according to the requirements of Section 1111.20.
 An accessory automated car wash is permitted within a completely enclosed building and
shall have a minimum lot size of 40,000 square feet. The location of access drives shall be
placed as far as possible from the intersection.
 Vacuuming or steam cleaning equipment may be located outside a building, but shall not
be placed closer than fifty (50) feet to any adjoining residential property and at least
twenty (20) feet from a public right-of-way.
 Parking and related driveways and paved areas may be erected in a front yard, but not less
than 20 feet from any property line.
 The only services permitted to be performed outside of a building shall include but not be
limited to the dispensing of fuels, oil, air, and other common vehicular liquids and
lubricants and minor repair such as fuse, light bulb, windshield wiper replacement, etc.
 Any repair and services area must be located within an enclosed building.
 No junk, inoperative or unlicensed automobiles, except for the inventory of new or used
automobiles for sale, or automobiles awaiting repair, shall be permitted outside of any
building. Automobiles awaiting repair may not be store on the lot for more than 30 days.
 The only automobile repair and services permitted to be performed outside of a building
shall include but not be limited to the dispensing of fuel, oil, air and other common
vehicular liquids and lubricants and minor repair such as fuse, light bulb, windshield wiper
replacement, etc.
 Hazardous Materials. All automotive fluids, tires, batteries, and other discarded hazardous
materials must be recycled or removed in accordance with local, state and federal
standards.
 Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
 Building Openings. There may not be any openings in side walls, rear walls or roofs within
50 feet of a residential district, unless the openings are stationary windows or required
fire exits.
 Vehicular access drives shall be limited to no more than one (1) access drive per street
frontage, unless otherwise approved by the City Traffic Engineer.
 Proposed building and site shall comply with Section 1111.00 Architectural, Landscaping,
Design, Building & Site Development Regulations.
146
1123.38.3
Automobile Washing Facilities (Car Wash): (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
 Minimum lot area 20,000 square feet.
 Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial or a collector street, in accordance with the City of Hamilton
Street Designation.
 Automobile washing structures shall be located at least fifty (50) feet from any
adjoining residential property.
 A solid wall, fence, or landscaping, a minimum of six (6) feet in height shall
separate an automobile washing facility from adjoining residential property.
 All automated automobile washing facilities shall be located entirely within an
enclosed building except that entrance and exit doors may be left open during the
hours of operation.
 Vacuuming or steam cleaning equipment may be located outside a building, but
shall not be placed closer than fifty (50) feet to any adjoining residential property
and at least twenty (20) feet from a public right-of-way.
 Off-street parking and waiting space shall be provided for auto washing facilities as
specified in Section 1137.27.C, Off-Street Parking and Loading Regulations.
Waiting spaces shall not block or otherwise interfere with site circulation patterns.
 Vehicular access shall be provided from a thoroughfare street and access shall be
limited to no more than one (1) access drive per street frontage. The location of
access drives shall be place as far as possible from the intersection unless
otherwise approved by the City Traffic Engineer.
 Any repair and services area must be located within an enclosed building.
 No junk, inoperative or unlicensed automobiles, except for the inventory of new or
used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be stored on the lot
for more than 30 days.
 The only automobile repair and services permitted to be performed outside of a
building shall include but not be limited to the dispensing of fuel, oil, air and other
common vehicular liquids and lubricants and minor repair such as fuse, light bulb,
windshield wiper replacement, etc.
 Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state
and federal standards.
 Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
 Building Openings. There may not be any openings in side walls, rear walls or
roofs within 50 feet of a residential district, unless the openings are stationary
windows or required fire exits.
 Vehicular access drives shall be limited to no more than one (1) access drive per
street frontage, unless otherwise approved by the City Traffic Engineer.
 Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
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1123.38.4
Farm Implements Sales: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
 Minimum lot area 20,000 square feet.
 Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial or a collector street, in accordance with the City of Hamilton
Street Designation.
 Any automobile for sale, or automobiles awaiting minor repair, may be permitted
outside of a building. Automobiles awaiting repair may not be store on the lot for
more than 30 days.
 Display of automobiles for sale or awaiting minor repair, shall be located on a
paved service and shall be setback a minimum of ten (10) feet from any property
line. The outdoor display area for vehicles shall comply with the side and rear
building setback requirements set for the district in which the lot is located or be at
least ten (10) feet, whichever is greater. All areas not used for parking or display
of vehicles shall be landscaped according to the requirements of Section 1111.20.
 Any repair and services area must be located within an enclosed building.
 No junk, inoperative or unlicensed automobiles, except for the inventory of new or
used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be stored on the lot
for more than 30 days.
 The only automobile repair and services permitted to be performed outside of a
building shall include but not be limited to the dispensing of fuel, oil, air and other
common vehicular liquids and lubricants and minor repair such as fuse, light bulb,
windshield wiper replacement, etc.
 Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state
and federal standards.
 Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
 Building Openings. There may not be any openings in side walls, rear walls or
roofs within 50 feet of a residential district, unless the openings are stationary
windows or required fire exits.
 Vehicular access drives shall be limited to no more than one (1) access drive per
street frontage, unless otherwise approved by the City Traffic Engineer.
 Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
148
1123.38.5
Alcohol and Drug Addiction Treatment Clinics & Facilities, Inpatient:
(OR 2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
 No Alcohol and Drug Addiction Treatment Clinics & Facilities, Inpatient shall be
located within five hundred (500) feet from the boundaries of a parcel of real
estate having situated on it a school, public library, public park, church, or religious
institution.
 No Alcohol and Drug Addiction Treatment Clinics & Facilities, Inpatient shall be
located within a radius of 500 feet of any business that serves and/or sells
Alcoholic beverages.
 In order to prevent the excessive concentration of licensed Alcohol and Drug
Addiction Treatment Clinics and Facilities, Inpatient and to avoid impacting a
residential block or neighborhood, the City shall not grant a conditional use which
would permit more than one Alcohol and Drug Addiction Treatment Clinics and
Facilities, Inpatient within the same block or within a 500 foot radius of another
Alcohol and Drug Addiction Treatment Clinics and Facilities, Inpatient.
1123.38.6
Alcohol and Drug Addiction Treatment Clinics & Facilities, Outpatient:
(OR 2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
 No Alcohol and Drug Addiction Treatment Clinics & Facilities, Outpatient shall be
located within five hundred (500) feet from the boundaries of a parcel of real
estate having situated on it a school, public library, public park, church, or religious
institution.
 No Alcohol and Drug Addiction Treatment Clinics & Facilities, Outpatient shall be
located within a radius of 500 feet of any business that serves and/or sells
Alcoholic beverages.
 In order to prevent the excessive concentration of licensed Alcohol and Drug
Addiction Treatment Clinics and Facilities, Inpatient and to avoid impacting a
residential block or neighborhood, the City shall not grant a conditional use which
would permit more than one Alcohol and Drug Addiction Treatment Clinics and
Facilities, Inpatient within the same block or within a 500 foot radius of another
Alcohol and Drug Addiction Treatment Clinics and Facilities, Outpatient.
1123.38.7
Residential Facility, Small: As Defined in Section 1108.00 (OR 2014-8-71)
1123.38.8
Residential Facility, Large: (OR 2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:

In order to prevent the excessive concentration of Large Residential Facilities and
to avoid impacting a residential block or neighborhood, the City shall not grant a
conditional use which would permit more than one Large Residential Facility
within the same block or within a 500 foot radius of another Large Residential
Facility.
149
1123.39.10 Sweepstakes/Internet Cafe: Sweepstakes/internet cafes, as defined in Section
1108.00, subject to the regulations in this Section of the zoning ordinance and any
other conditions imposed by the City Council in accordance with the provisions of
Section 1155.00 hereof. Sweepstakes/internet cafes shall be conditionally permitted
with the following conditions: (OR2012-2-9) (REVISED OR2015-9-80)
1. No sweepstakes/internet cafe shall be located within five hundred (500) feet
from the boundaries of a parcel of real estate having situated on it a school,
public library, public playground, church, or religious institution. (OR2012-2-9)
2. No sweepstakes/internet cafe shall be located within five hundred (500) feet
from the boundaries of a parcel of restate having situated on it any
establishment that has been issued a liquor permit by the State of Ohio.
(OR2012-2-9)
3. No sweepstakes/internet cafe shall be located within five hundred (500) feet
from the boundaries of a parcel of real estate having situated on it another
sweepstakes/internet cafe. (OR2012-2-9)
4. A sweepstakes/internet cafe must be registered with and licensed by the City
of Hamilton in accordance with Chapter 756 of the Codified Ordinances of the
City of Hamilton. If at anytime said license should lapse for any reason the
conditional use will be immediately revoked and will require another hearing
before the Planning Commission before it may be reinstated. (OR2012-2-9)
(REVISED OR2015-9-80)
5. If in the future the State of Ohio deems sweepstakes/internet cafes illegal or
regulates them in a different manner the conditional use may be invalidated and
revoked. (OR2012-2-9)
150
1123.40
Prohibited Uses: No building, structure or land shall be used and no building or
structure erected, altered or enlarged which is arranged, intended or designed for any
of the following uses; provided, however, that any of the uses herein described that
legally existed in the “I-1" District at the time of the adoption of this Ordinance, or any
amendment thereto, shall be classified as Conditional Use and subject to the provisions
of Section 1155.00. (REVISED OR2015-9-80)
1123.42
Institutional Uses
1123.43
Commercial Feed Lots
1123.44
Medical Marijuana Cultivation, Processing, or Retail Dispensing: As Defined in
Section 1108.00 (OR 2015-2-14) (REVISED: OR2017-12-132)
1123.50
Accessory Uses And Buildings: Any accessory use, building or structure customarily
incident to a principal permitted or conditionally permitted use and located on the
same lot.
1123.60
Yards And Lot Coverage:
1123.61
Minimum Lot Area: None required, except for conditional residential uses, in which
case a minimum of five thousand (5000) square feet shall be required.
1123.61.1
Minimum Lot Front Width: Fifty-Five (55) feet wide at building setback line. The
minimum lot width may be decreased at the discretion of the Planning Commission
after consideration of the typical widths of lots in the immediate vicinity within a
three-hundred foot radius. (OR 97-7-71)
1123.62
Maximum Building or Structure Height: None
1123.63
Minimum Yard Requirements: Yards in Industrial Districts can be of variable design
depending upon location, lot size, and intensity of proposed use. Front, rear, and side
yards are required as defined in Section 1108.00, as modified in Section 1131.00, and,
unless otherwise required, as specified herein below:
151
1123.63.1
Building/Structure Height
I-1
MINIMUM BUILDING\
STRUCTURE HEIGHT
MINIMUM FRONT
YARD (feet)
MINIMUM REAR
YARD (feet)
40' or LESS
41' to 50'
51' to 60'
25 feet
30 feet
35 feet
10 feet
15 feet
20 feet
61' or MORE
40 feet
25 feet
i.
Side Yard Widths: For buildings or structures with a height of 20' or less and a
length of 100' or less:
I-1
WIDTH of Lot -at the
BUILDING SETBACK LINE
MINIMUM SIDE YARD WIDTHS in feet (‘)
100' (feet) or more
12' minimum each side, OR 0' one side and 20' other side.
55' up to and including 99'
12' One side AND either 0' or 4' minimum other side
(any side yard more than 0' shall be 4' minimum).
Less than 55'
NOTE:
ii.
NO side yards required - However, any side yard more than 0'
shall be 4' minimum.
Where building or structure height exceeds 20' or length exceeds 100', at least one
side yard shall be not less than 20' in width regardless of front yard width.
Additional Yard Requirements:
A) Lots abutting Residential Districts: A minimum of four-foot side yard is
required on any side yard directly abutting a Residential District. This
requirement is mandatory except when abutting a street or alley.
B) Minimum distance to adjacent structure on same or adjacent lot: Zero
(0) feet or four (4) feet. If less than four (4) feet, area must be enclosed.
b. Off-Street Parking and Loading Facilities Shall Be Provided as Specified in
Section 1137.00. (OR 85-1-6)
152
1124.00
"I-2" INDUSTRIAL DISTRICT
(All Sections amended by OR 89-4-33)
1124.10 Purpose: It is the purpose of the "I-2" District to create industrial areas to
accommodate a full range of industrial uses with moderate to high nuisance
characteristics allowing these industries to operate to their maximum advantage
without adversely affecting other nearby similar or dissimilar uses and activities.
1124.20 Principal Permitted Uses: No building structure or land shall be used and no building or
structure shall be erected, altered or enlarged which is not arranged, intended or
designed for uses such as but not limited to the following, except as provided in Section
1109.00. The standard industrial classification manual may also be used as a guide in
proper classification.
1124.21
General: Except as modified, all principal permitted uses as used in "I-1", also any
use not specifically prohibited or listed under conditional uses may be permitted
provided that the performance standards of Section 1139.00 are followed.
1124.22
Manufacturing, Assembly, Fabricating, Processing:
A) Rubber and miscellaneous plastic products
B) Stone, clay, glass, and concrete products
C) Primary metal industries
D) Transportation equipment
E) Paper
F) Leather tanning and dying
G) Textile mills
H) Industrial and commercial machinery
I) Fabricated structural metal products
J) Lumber and wood products
K) Grain mills
L) Alcoholic beverages
1124.23
Agricultural Uses of Tracts Larger Than 5 Acres
1124.24
Signs as Regulated in Section 1138.00
1124.25
Instant Bingo: Instant Bingo as defined in Section 1108.00 (OR 99-7-63)
153
1124.30 Conditional Uses: The following uses shall be permitted only if specifically authorized
by the City Council in accordance with the provisions in Section 1155.00. (REVISED
OR2015-9-80)
1124.30.1
Residential Uses
1124.31
Vehicle Impound Lots
1124.32
Exterior Storage and/or Parking of Contractor's Supplies and Equipment
1124.33
Manufacturing, Refining, and Storage:
A) Chemicals
B) Petroleum
1124.34
Junk Yards
1124.35
Railroad Freight Station
1124.36
Stockyards and Meat Packing and Processing
1124.37
Solid Waste and Sanitary Landfill
1124.38
Concrete and Asphalt Batching Plants
1124.39
Correctional Facility
1124.39.1
Adult Businesses: Adult Businesses, as defined in Section 1108.00, are permitted,
subject to the regulations in Section 1124.393. (OR 96-8-85)
1124.39.2
154
Purpose: The purpose of the regulations on Adult Businesses is to promote the
peace, health, safety, and general welfare of the citizens of the City, and to
establish reasonable and uniform regulations to prevent deleterious effects of
Adult Businesses within the City. These regulations have neither the purpose
nor effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly, it is
not the intent nor effect of the regulations to restrict or deny adults access to
sexually oriented materials protected by the First Amendment, or to deny the
distributors and exhibitors of sexually oriented entertainment access to their
intended market. Neither is it the intent or effect of the regulations to in any
way condone or legitimize the distribution of material obscene or harmful to
minors.
1124.39.3
Adult Business Regulations: Adult Businesses must comply with the following
regulations:
A)
Adult Businesses shall not be located within a radius of 500 feet of any
Residential District.
B)
Adult Businesses shall not be located within a radius of 500 feet of any
form of day-care facility as defined and regulated by R.C. Chapter 5104,
nor any school or teaching facility, including home nursery schools,
whether public or private, governmental or commercial, where the daycare, school or teaching facility is attended by persons under eighteen
(18) years of age.
C)
Adult Businesses shall not be located within a radius of 500 feet of any
other adult business.
D)
Adult Businesses shall only be open for public access between 12:00 pm
and 1:00 am.
E)
Off-street parking shall be provided in accordance with the Hamilton
Zoning Ordinance. Retail establishments such as Adult Bookstores shall
comply with Section 1137.28(c)(1), while establishments more closely
oriented towards the provision of entertainment such as Adult Motion
Picture Theaters and Adult Cabarets shall comply with either Section
1137.28(c)(8)(aa) or Section 1137.28(c)(8)(cc), respectively.
F)
Displays or other promotional material shall not be shown or exhibited
so as to be visible to the public from pedestrian sidewalks or walkways,
or from other areas, either public or semi-public.
G)
All building openings, entries, windows, etc. for adult uses shall be
located, covered, or serviced in such a manner as to prevent a view into
the interior from any public or semi-public area, sidewalk, or street. For
new construction, the building shall be oriented so as to minimize any
possibility of viewing the interior from public or semi-public areas.
H)
No viewing screens, surface loudspeakers or sound equipment shall be
used for adult motion picture theaters (enclosed or drive-in) or other
adult business that can be seen or discerned by the public from public or
semi-public areas.
I)
All displays, exhibits, materials, performances, entertainment, and
activities at adult businesses, except for adult drive-in theaters, shall be
conducted inside the structure located on the premises and shall not be
visible from outside the premises. This prohibition shall not extend to
advertising of the existence or location of such adult business.
J)
The measure of distance for purposes of this section shall be from
property line to property line along the shortest possible course,
regardless of any customary or common route or path of travel.
155
1124.39.4
Automobile and Other Vehicle Sales: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
 Minimum lot area 20,000 square feet.
 Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial or a collector street, in accordance with the City of
Hamilton Street Designation.
 Any automobile for sale, or automobiles awaiting minor repair, may be permitted
outside of a building. Automobiles awaiting repair may not be stored on the lot
for more than 30 days.
 Display of automobiles for sale, or awaiting minor repair, shall be located on a
paved surface and shall be setback a minimum of ten (10) feet from any property
line. The outdoor display area for vehicles shall comply with the side and rear
building setback requirements set for the district in which the lot is located or be
at least ten (10) feet, whichever is greater. All areas not used for parking or
display of vehicles shall be landscaped according to the requirements of Section
1111.20.
 Any repair and services area must be located within an enclosed building.
 No junk, inoperative or unlicensed automobiles, except for the inventory of new
or used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be stored on the
lot for more than 30 days.
 The only automobile repair and services permitted to be performed outside of a
building shall include but no be limited to the dispensing of fuel, oil, air, and other
common vehicular liquids and lubricants and minor repair such as fuse, light bulb,
windshield wiper replacement, etc.
 Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state
and federal standards.
 Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building
 Building Openings. There may not be any openings in side walls, rear walls or
roofs within 50 feet of a residential district, unless the openings are stationary
windows or required fire exits.
 Vehicular access drives shall be limited to no more than one (1) access drive per
street frontage, unless otherwise approved by the City Traffic Engineer.
 Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
156
1124.39.5
Major Auto Repair: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
 Minimum lot area 20,000 square feet
 Minimum lot width 100 feet
 Facilities that are located on a corner lot shall have a minimum of 100 feet
frontage on each street.
 Major Auto Repair Outdoor Automobile Storage. Any space devoted to the
storage of motor vehicles awaiting Major Auto Repair (as defined in Section
1108.00) must be located behind the principal structure or screened from the
view of any public right-of-way. Screening may be accomplished by a solid wall,
fence, or landscaping, a minimum of six (6) feet in height.
 Any repair and services area must be located within an enclosed building.
 No junk, inoperative or unlicensed automobiles, except for the inventory of new
or used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be stored on the lot
for more than 30 days.
 The only automobile repair and services permitted to be performed outside of a
building shall include but not be limited to the dispensing of fuel, oil, air, and
other common vehicular liquids and lubricants and minor repair such as fuse,
light bulb, windshield wiper replacement, etc.
 Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state
and federal standards.
 Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
 Building Openings. There may not be any openings in side walls, rear walls or
roofs within 50 feet of a residential district, unless the openings are stationary
windows or required fire exits.
 Vehicular access drives shall be limited to no more than one (1) access drive per
street frontage, unless otherwise approved by the City Traffic Engineer.
 Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
157
1124.39.6
Automotive Service and Minor Repair: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
 Minimum lot area 20,000 square feet.
 Minimum lot area with accessory Car Wash 40,000 Square Feet.
 Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial, or a collector street, in accordance with the City of Hamilton
Street Designation.
 Facilities that are located on a corner lot shall have a minimum of 100 feet frontage on
each street;
 Any automobile awaiting minor repair may be permitted outside of a building.
Automobiles awaiting repair may not be stored on the lot for more than 30 days.
 Automobiles awaiting repair, shall be located on a paved surface and shall be setback a
minimum of ten (10) feet from any property line. The area for vehicles shall comply with
the side and rear building setback requirements set for the district in which the lot is
located or be at least (10) feet, whichever is greater. All areas not used for parking of
vehicles shall be landscaped according to the requirements of Section 1111.20.
 An accessory automated car wash is permitted within a completely enclosed building and
shall have a minimum lot size of 40,000 square feet. The location of access drives shall be
placed as far as possible from the intersection.
 Vacuuming or steam cleaning equipment may be located outside a building, but shall not
be placed closer than fifty (50) feet to any adjoining residential property and at least
twenty (20) feet from a public right-of-way.
 Parking and related driveways and paved areas may be erected in a front yard, but not
less than 20 feet from any property line.
 The only services permitted to be performed outside of a building shall include but not be
limited to the dispensing of fuels, oil, air, and other common vehicular liquids and
lubricants and minor repair such as fuse, light bulb, windshield wiper replacement, etc.
 Any repair and services area must be located within an enclosed building.
 No junk, inoperative or unlicensed automobiles, except for the inventory of new or used
automobiles for sale, or automobiles awaiting repair, shall be permitted outside of any
building. Automobiles awaiting repair may not be store on the lot for more than 30 days.
 The only automobile repair and services permitted to be performed outside of a building
shall include but not be limited to the dispensing of fuel, oil, air and other common
vehicular liquids and lubricants and minor repair such as fuse, light bulb, windshield
wiper replacement, etc.
 Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state and
federal standards.
 Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
 Building Openings. There may not be any openings in side walls, rear walls or roofs
within 50 feet of a residential district, unless the openings are stationary windows or
required fire exits.
 Vehicular access drives shall be limited to no more than one (1) access drive per street
frontage, unless otherwise approved by the City Traffic Engineer.
 Proposed building and site shall comply with Section 1111.00 Architectural, Landscaping,
Design, Building & Site Development Regulations.
158
1124.39.7
Automobile Washing Facilities (Car Wash): (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
 Minimum lot area 20,000 square feet.
 Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial or a collector street, in accordance with the City of
Hamilton Street Designation.
 Automobile washing structures shall be located at least fifty (50) feet from any
adjoining residential property.
 A solid wall, fence, or landscaping, a minimum of six (6) feet in height shall
separate an automobile washing facility from adjoining residential property.
 All automated automobile washing facilities shall be located entirely within an
enclosed building except that entrance and exit doors may be left open during the
hours of operation.
 Vacuuming or steam cleaning equipment may be located outside a building, but
shall not be placed closer than fifty (50) feet to any adjoining residential property
and at least twenty (20) feet from a public right-of-way.
 Off-street parking and waiting space shall be provided for auto washing facilities
as specified in Section 1137.27.C, Off-Street Parking and Loading Regulations.
Waiting spaces shall not block or otherwise interfere with site circulation
patterns.
 Vehicular access shall be provided from a thoroughfare street and access shall be
limited to no more than one (1) access drive per street frontage. The location of
access drives shall be place as far as possible from the intersection unless
otherwise approved by the City Traffic Engineer.
 Any repair and services area must be located within an enclosed building.
 No junk, inoperative or unlicensed automobiles, except for the inventory of new
or used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be stored on the lot
for more than 30 days.
 The only automobile repair and services permitted to be performed outside of a
building shall include but not be limited to the dispensing of fuel, oil, air and other
common vehicular liquids and lubricants and minor repair such as fuse, light bulb,
windshield wiper replacement, etc.
 Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state
and federal standards.
 Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
 Building Openings. There may not be any openings in side walls, rear walls or
roofs within 50 feet of a residential district, unless the openings are stationary
windows or required fire exits.
 Vehicular access drives shall be limited to no more than one (1) access drive per
street frontage, unless otherwise approved by the City Traffic Engineer.
 Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
159
1124.39.8
Farm Implements Sales: (OR 2014-8-72)
As Defined in Section 1108.00 and must comply with the following conditions:
 Minimum lot area 20,000 square feet.
 Minimum lot width 100 feet and must be located along a street classified as major
arterial, minor arterial or a collector street, in accordance with the City of
Hamilton Street Designation.
 Any automobile for sale, or automobiles awaiting minor repair, may be permitted
outside of a building. Automobiles awaiting repair may not be store on the lot for
more than 30 days.
 Display of automobiles for sale or awaiting minor repair, shall be located on a
paved service and shall be setback a minimum of ten (10) feet from any property
line. The outdoor display area for vehicles shall comply with the side and rear
building setback requirements set for the district in which the lot is located or be
at least ten (10) feet, whichever is greater. All areas not used for parking or
display of vehicles shall be landscaped according to the requirements of Section
1111.20.
 Any repair and services area must be located within an enclosed building.
 No junk, inoperative or unlicensed automobiles, except for the inventory of new
or used automobiles for sale, or automobiles awaiting repair, shall be permitted
outside of any building. Automobiles awaiting repair may not be stored on the lot
for more than 30 days.
 The only automobile repair and services permitted to be performed outside of a
building shall include but not be limited to the dispensing of fuel, oil, air and other
common vehicular liquids and lubricants and minor repair such as fuse, light bulb,
windshield wiper replacement, etc.
 Hazardous Materials. All automotive fluids, tires, batteries, and other discarded
hazardous materials must be recycled or removed in accordance with local, state
and federal standards.
 Indoor Storage. Used or discarded automotive parts or equipment, not including
hazardous materials as mentioned above must be stored inside a building.
 Building Openings. There may not be any openings in side walls, rear walls or
roofs within 50 feet of a residential district, unless the openings are stationary
windows or required fire exits.
 Vehicular access drives shall be limited to no more than one (1) access drive per
street frontage, unless otherwise approved by the City Traffic Engineer.
 Proposed building and site shall comply with Section 1111.00 Architectural,
Landscaping, Design, Building & Site Development Regulations.
160
1124.39.9
Alcohol and Drug Addiction Treatment Clinics & Facilities, Inpatient: (OR2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:

No Alcohol and Drug Addiction Treatment Clinics & Facilities, Inpatient shall be
located within five hundred (500) feet from the boundaries of a parcel of real
estate having situated on it a school, public library, public park, church, or
religious institution.

No Alcohol and Drug Addiction Treatment Clinics & Facilities, Inpatient shall be
located within a radius of 500 feet of any business that serves and/or sells
Alcoholic beverages.

In order to prevent the excessive concentration of licensed Alcohol and Drug
Addiction Treatment Clinics and Facilities, Inpatient and to avoid impacting a
residential block or neighborhood, the City shall not grant a conditional use which
would permit more than one Alcohol and Drug Addiction Treatment Clinics and
Facilities, Inpatient within the same block or within a 500 foot radius of another
Alcohol and Drug Addiction Treatment Clinics and Facilities, Inpatient.
1124.39.10 Sweepstakes/Internet Cafe: Sweepstakes/internet cafes, as defined in Section
1108.00, subject to the regulations in this Section of the zoning ordinance and any
other conditions imposed by the City Council in accordance with the provisions of
Section 1155.00 hereof. Sweepstakes/internet cafes shall be conditionally
permitted with the following conditions: (OR2012-2-9) (REVISED OR2015-9-80)
1. No sweepstakes/internet cafe shall be located within five hundred (500) feet
from the boundaries of a parcel of real estate having situated on it a school,
public library, public playground, church, or religious institution. (OR2012-2-9)
2. No sweepstakes/internet cafe shall be located within five hundred (500) feet
from the boundaries of a parcel of restate having situated on it any
establishment that has been issued a liquor permit by the State of Ohio.
(OR2012-2-9)
3. No sweepstakes/internet cafe shall be located within five hundred (500) feet
from the boundaries of a parcel of real estate having situated on it another
sweepstakes/internet cafe. (OR2012-2-9)
4. A sweepstakes/internet cafe must be registered with and licensed by the City of
Hamilton in accordance with Chapter 756 of the Codified Ordinances of the City
of Hamilton. If at anytime said license should lapse for any reason the
conditional use will be immediately revoked and will require another hearing
before the Planning Commission before it may be reinstated. (OR2012-2-9)
(REVISED OR2015-9-80)
5. If in the future the State of Ohio deems sweepstakes/internet cafes illegal or
regulates them in a different manner the conditional use may be invalidated and
revoked. (OR2012-2-9)
161
1124.39.11
Alcohol and Drug Addiction Treatment Clinics & Facilities, Outpatient:
(OR2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:

No Alcohol and Drug Addiction Treatments, Outpatient shall be located within
five hundred (500) feet from the boundaries of a parcel of real estate having
situated on it a school, public library, public park, church, or religious institution.

No Alcohol and Drug Addiction Treatment Clinics & Facilities, Outpatient shall be
located within a radius of 500 feet of any business that serves and/or sells
Alcoholic beverages.

In order to prevent the excessive concentration of licensed Alcohol and Drug
Addiction Treatment Clinics and Facilities, Outpatient and to avoid impacting a
residential block or neighborhood, the City shall not grant a conditional use which
would permit more than one Alcohol and Drug Addiction Treatment Clinics &
Facilities, Inpatient within the same block or within a 500 foot radius of another
Alcohol and Drug Addiction Treatment Clinic and Facilities, Outpatient.
1124.39.12
Residential Facility, Small: As Defined in Section 1108.00 (OR2014-8-71)
1124.39.13
Residential Facility, Large: (OR2014-8-71)
As Defined in Section 1108.00 and must comply with the following conditions:
 In order to prevent the excessive concentration of Large Residential
Facilities and to avoid impacting a residential block or neighborhood, the
City shall not grant a conditional use which would permit more than one
Large Residential Facility within the same block or within a 500 foot
radius of another Large Residential Facility.
1124.40
Prohibited Uses: No building, structure or land shall be used and no building or
structure shall be erected, altered or enlarged which is arranged, intended or
designed for any of the following uses; provided, however, that any of the uses herein
described that legally existed in the “I-2" District at the time of adoption of this
Ordinance, or any amendment thereto, shall be classified as a Conditional Use and
subject to the provisions of Section 1155.00. (REVISED OR2015-9-80)
1124.42
Institutional Uses
1124.43
Commercial Feed Lots
1124.44
Medical Marijuana Cultivation, Processing, or Retail Dispensing: As Defined
in Section 1108.00 (REVISED: OR2017-12-132)
162
1124.50
Accessory Uses And Buildings: Any accessory use, building or structure customarily
incident to a Principal Permitted or Conditionally Permitted use and located on the
same lot.
1124.60
Yards And Lot Coverage:
1124.61
Minimum Lot Area: None required, except for conditional residential uses, in
which case a minimum of five thousand (5000) square feet shall be required.
1124.61.1 Minimum Lot Front Width: Fifty-Five (55) feet wide at building setback line.
The minimum lot width may be decreased at the discretion of the Planning
Commission after consideration of the typical widths of lots in the
immediate vicinity within a three hundred foot radius. (OR 97-7-71)
1124.62
Maximum Building or Structure Height: None
163
1124.63
Minimum Yard Requirements: Yards in Industrial Districts can be of variable
design depending upon location, lot size, and intensity of proposed use.
Front, rear, and side yards are required as defined in Section 1108.00, as
modified in Section 1131.00, and, unless otherwise required, as specified
herein below:
I-2
MINIMUM BUILDING\
STRUCTURE HEIGHT
MINIMUM FRONT YARD
MINIMUM REAR YARD
40' or LESS
41'to 50'
51' to 60'
61' or MORE
25 feet
30 feet
35 feet
40 feet
10 feet
15 feet
20 feet
40 feet
1124.63.2 Side Yard Widths: For buildings or structures with a height of 20' or less and
a length of 100' or less:
I-2
WIDTH of Lot - at the
BUILDING SETBACK LINE
MINIMUM SIDE YARD WIDTHS
in feet ( ' )
100' (feet) or more
12' minimum each side, OR 0' one side and 20' other side.
55' up to and including 99'
12' One side AND either 0' or 4' minimum other side (any side
yard more than 0' shall be 4' minimum).
Less than 55'
NO side yards required - However, any side yard more than 0'
shall be 4' minimum.
NOTE: Where building or structure height exceeds 20' or length exceeds 100', at least one side
yard shall be not less than 20' in width regardless of front yard width.
1124.63.3 Additional Yard Requirements:
A. Lots abutting Residential Districts: A minimum of four-foot side yard is
required on any side yard directly abutting a Residential District. This
requirement is mandatory except when abutting a street or alley.
B. Minimum distance to adjacent structure on same or adjacent lot: 0 feet
or four (4) feet. If less than four (4) feet, area must be enclosed.
1124.64
164
Off-Street Parking and Loading Facilities Shall be Provided as Specified in
Section 1137.00.
1125.00 "IPD" INDUSTRIAL PLANNED DEVELOPMENT DISTRICT
(OR 96-6-61)
1125.10 Purpose: The purpose of the Industrial Planned Development (IPD) District is to
encourage industrial development by coordinating industrial activities, providing
location and design flexibility, and ensuring suitably served sites (by both
transportation and utility systems). An IPD District must also comply with the general
provisions for Planned Developments contained in Chapter 1132.00 of this Ordinance.
1125.20 Principal Permitted Uses: No building, structure or land shall be used and no building
or structure shall be erected, altered or enlarged which is arranged, intended or
designed for other than one of the following uses:
1125.21
Principal Uses: Principal Uses of the I-1 District as set forth in Chapter 1123.00
(Limited Industrial District), but excluding those uses prohibited by Section
1125.40 of this Chapter.
1125.30 Uses Requiring Specific Approval: An IPD may include the following uses, subject to
obtaining specific approval by the Hamilton Planning Commission (see Chapter
1132 of this Ordinance for the general procedures, regulations, requirements and
appeals process information applicable to Planned Developments). (REVISED
OR2015-2-9)
1125.31
Principal Uses: Conditionally Permitted uses of the I-1 District (Chapter
1123.00 - Limited Industrial District) and Principal and Conditional Uses of the
I-2 District (Chapter 1124.00 - Industrial District) but excluding those uses
prohibited by Section 1125.40 of this Chapter. While the Permitted Uses of an
IPD (as listed in Section 1125.20 of this Chapter) do not require the Specific
Approval of the Planning Commission, the overall Planned Development Plan
does require the Commission's approval.
1125.32
Principal Uses:
Alcohol and Drug Addiction Treatment Clinics & Facilities, Inpatient or
Outpatient (OR2016-5-35)
Minimum Lot Size:
Ten (10) Acres
Use Setbacks:
1. Setback five-hundred (500) feet from the boundaries
of a parcel of real estate having situated on it a school,
public library, public park, church, or religious
institution.
2. Setback five-hundred (500) feet of any business that
serves and/or sells Alcoholic beverages.
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1125.40 Prohibited Uses: The following uses, which may normally be permitted or
conditionally permitted in lower (Agricultural, Residential, Business or Industrial
Districts), shall be prohibited in all Industrial Planned Developments:
1125.41
Residential Uses
1125.42
Adult Businesses (OR 96-12-134)
1125.43
Institutional Uses
1125.44
Church/Places of Worship
1125.45
Canneries, and Meat Packing/Processing Plants
1125.46
Stockyards/Commercial Feed Lots
1125.47
Vehicle Impound Lots/Junk Yards
1125.48
Manufacturing, Refining, and Warehousing of Petroleum and Chemicals
1125.49
Solid Waste and Sanitary Landfills
1125.410
Concrete and Asphalt Batching Plants
1125.411
Correctional Facilities
1125.412
Instant Bingo (OR 99-7-63)
1125.413
Sweepstakes/Internet Café (OR2012-7-60)
1125.414
Major Auto Repair: As Defined in Section 1108.00 (OR 2014-8-72)
1125.415
Automotive Service And Minor Repair: As Defined in Section 1108.00
(OR 2014-8-72)
1125.416
Automobile and Other Vehicle Sales: As Defined in Section 1108.00
(OR 2014-8-72)
1125.417
Automobile Washing Facilities (Car Wash): As Defined in Section 1108.00
(OR 2014-8-72)
1125.418
Farm Implements Sales: As Defined in Section 1108.00 (OR 2014-8-72)
1125.421
Residential Facility, Small: As Defined in Section 1108.00 (OR2014-8-71)
1125.422
Residential Facility, Large: As Defined in Section 1108.00 (OR2014-8-71)
1125.423
Medical Marijuana Cultivation, Processing, or Retail Dispensing: As Defined in
Section 1108.00 (OR2015-2-14) (REVISED: OR2017-12-132)
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1126.00 ARCHITECTURAL CONSERVATION /HISTORIC DISTRICTS
(EOR2005-7-71) (Amend. OR2011-12-122) (Amend. OR2013-2-22) (Amend. OR2015-2-13)
1126.00 Purpose: It is the purpose of Section 1126.00, et seq., to protect the economic, cultural, and
educational welfare of the citizens of the City of Hamilton by preserving and protecting
significant architectural and/or historic structures, sites, monuments, streetscapes and
neighborhoods by the establishment of restrictions on construction, erection, alteration,
painting, design, color, removal, moving or demolition of buildings and structures, and the
construction, erection, mounting, painting, design, color, moving, demolition, or revision
of signage in the any hereinafter designated Architectural Conservation/Historic District.
The further purpose of said Section 1126.00, et seq., shall include but not be limited to the
following:
Combating conditions of blight and deterioration in aging neighborhoods through
protection from a decrease in value of individual real property resulting from the
destruction and/or degradation of architectural and/or historic features in residential
and commercial structures, sites, monuments, streetscapes and neighborhoods.
The encouragement of investment in architectural and/or historic resources that can
result in stabilization or increase in property values and strengthen the economy of the
City of Hamilton.
Ensure that new development is compatible with existing structures and the
Comprehensive Plan of the City of Hamilton through improvements in the aesthetic
quality of the designated districts for safe, harmonious, and integrated building design
continuity by establishing uniform, mass, height, setback, material and design standards
in order to promote a positive visual image for the City of Hamilton.
Protect and promote public safety and preservation of air and light quality by limiting
maximum building height of any building to within the stream reach of existing
firefighting equipment.
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1126.20
Definitions:
For the purposes of this Chapter Architectural Conservation/Historic Districts Zoning
Ordinance the following words and phrases, shall have the meanings respectively ascribed to
them. These definitions are germane to the Architectural Conservation/Historic Districts
Zoning Ordinance. The definitions are as follows:
1. Alteration - Any act or process that changes one or more of the exterior architecture features
of a building or structure, including but not limited to the erection, construction,
reconstruction, painting, design change, color change, or removal of the building or structure
(REVISED OR2015-2-13)
2. Addition - Any act or process that changes one or more of the exterior architectural features of a
building or structure by adding to, joining with or increasing the size or capacity of the building
or structure.
3. Building - Any structure for the shelter, support or enclosure of persons, animals, chattels or
property of any kind.
a. Building, Height of: The vertical distance from the grade at a building line to the highest
point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average
height of the highest gable of a pitched or hip roof.
b. Building, Setback Line: A line parallel to the street right-of-way line at any story level of a
building and representing the minimum distance which all or any part of the building is set
back from said right-of-way line.
4. Certificate of Appropriateness - A certificate issued by the architectural review board or
commission indicating that a proposed change, alteration, painting, design change, color
change, or demolition of a historic building or structure, or signage, or within a historic site or
district, is in accordance with the provisions of this chapter and local design guidelines.
(REVISED OR2015-2-13)
5. Change - Any alteration, painting, design change, color change, demolition, removal
or construction involving any property subject to the provisions of this chapter.
(REVISED OR2015-2-13)
6. Construction - The act of constructing an addition to an existing structure or the erection of a
new principal or accessory structure on a lot or property.
7. Demolition - Any act or process that destroys in part or in whole any building or structure.
8. Historic District - Any area designated by ordinance of the city or village council which may
contain within definable geographic boundaries, buildings, structures or sites of historic,
architectural or archaeological significance.
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9. Historic Structure - Any building or structure which has historic, architectural or archaeological
significance and has been so designated according to the provisions of this chapter. The
significance of a property to the history, architecture, archaeology, engineering, or culture of a
community, state, or the nation. It may be achieved in several ways:
a.
b.
c.
d.
Association with broad pattern of our history, events, activities, or patterns
Association with important persons
Distinctive physical characteristics of design, construction, or form
Potential to yield information important in history or prehistory (archaeology)
10. Landmark - Any building, structure or archaeological site that has been designated as a
“landmark” by ordinance of the city or village council, pursuant to procedures proscribed herein,
that is worthy of preservation, restoration or rehabilitation because of its historic, architectural
or archaeological significance
11. Like for Like – A repair or improvement in relation to a property in an Architectural
Conservation/Historic District or a property listed on the State of Ohio Historic Inventory in
which the repair or improvement is being done that utilizes the existing materials/colors and
replaces them with matching materials/colors. (OR 2016-8-67)
12. Owner - the owner or owners of record
13. Preservation - The act or process of applying measures necessary to sustain the existing form,
integrity and materials of an historic property
14. Reconstruction - The act or process of depicting, by means of new construction, the form,
features, and detailing of a non-surviving site, landscape, building, structure or object for the
purpose of replicating its appearance at a specific period of time and in its historic location
15. Rehabilitation - The act or process of making possible a compatible use for a property through
repair, alterations, and additions while preserving those portions or features, which convey its
historical, cultural, or architectural values
16. Restoration - The act or process of accurately depicting the form, features, and character of a
property as it appeared at a particular period of time by means of the removal of features from
other periods in its history and reconstruction of missing features from the restoration period.
The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other
code-required work to make properties functional is appropriate within a restoration project
17. Review Board or Landmarks Commission - the board or commission established under the
provisions of the enabling legislation (OR2011-12-122)
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18. Sign - As Defined by Section 1108.00 Definitions of the Hamilton Zoning Ordinance (OR2015-2-13)
a. New permanent signage or any change of signage, is considered an Alteration to the historic
property as defined in the aforementioned Section 1126.20 of the Hamilton Ordinance.
Such proposal shall submit a Certificate of Appropriateness Application for review and
approval by the Architectural Design Review Board per Section 1126.00 of the Hamilton
Zoning Ordinance.
b. Proposed freestanding permanent signage must comply with Section 1138.71.D of the
Hamilton Zoning Ordinance.
c. All proposed permanent signage must comply with the regulations of Section 1138.00 of the
Hamilton Zoning Ordinance.
1126.30 Architectural Conservation/Historic Districts And Structures – Local Register:
There are hereby established locally registered Architectural Conservation/Historic
Districts with all structures contained within as having historic significance and/or
character. In addition, there are locally registered specific structures that may be
outside of these districts that have historic significance and/or character as well. The
districts and structures are identified as follows:
A. German Village, the description of which is attached hereto, marked Exhibit A and
incorporated herein by reference.
B. Rossville Historic District, the description of which is attached hereto, marked
Exhibit B and incorporated herein by reference.
C. Dayton-Campbell Historic District, the description of which is attached
hereto, marked Exhibit C and incorporated herein by reference.
D. North Dayton-Lane Local Area, the description of which is attached hereto,
marked Exhibit E and incorporated herein by reference. (OR 90-1-2)
E. CSX Railroad Passenger Station, located at South Fifth and Henry Streets
consisting of Entire Lots Numbered 1151, 1152, 1153 and 1154 as the same as
are known and designated on the revised list of lots in the Fourth Ward of the
City of Hamilton, Butler County, Ohio. (OR 93-12-132)
F. Local Inventory of Structures Outside of Districts – structures both inside and
outside of the districts may be identified by the inventory map created by the
Miami University Cartography Laboratory for the City of Hamilton Planning
Department circa 1986. Individual properties subsequently designated by the
ADRB and City Council as having architectural and/or historic significance can be
added or deleted to this list based on the rules stipulated in 1126.70. The
structures listed on this inventory will be under the purview of the ADRB.
The requirements of Sections 1126.00, et seq., are hereby superimposed upon, and are in
addition to, the requirements of the existing Zoning Districts contained within the
Architectural Conservation/Historic Districts. The Architectural Conservation/Historic
Districts shall be designated by the symbol "C/H" on the Official Zoning Map.
(OR2011-12-122)
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1126.31 Special Provisions Applicable to Residential Uses within Historic Districts
(OR 2014-9-90)
Within the boundaries of the German Village Historic District, Rossville Historic District
and Dayton-Campbell Historic District, regardless of the current underlying Zoning
there is hereby established the following minimum requirements for residential uses.
1) Minimum Lot Area per Dwelling Unit – 3500 square feet
2) Minimum Off Street Parking required per Dwelling Unit – 2 spaces
3) Off Street Parking Area Design Requirements

Each Off Street Parking Space shall have a minimum of 9’ x 18’
in area

Off Street Parking Spaces shall be surfaced with an asphaltic,
concrete, cement binder, brick concrete paver, or other
approved pervious paving product so as to provide a dustless
surface and shall be graded and drained per Director of Public
Works.

A minimum of 20% of all Off Street Parking Areas shall be
suitably screened and landscaped so as to provide a visual
barrier between all Off Street Parking Areas and adjacent
properties.

Any proposed fencing, wall, or landscaping associated with Off
Street Parking Areas shall be reviewed and approved by the
Architectural Design Review Board.
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1126.40 Architectural Design Review Board: There is hereby established an Architectural
Design Review Board, consisting of eleven (11) members, three (3) members appointed
by the City Manager, six (6) members nominated by the organizations listed below and
confirmed by the City Manager, and one member from City Council and the Planning
Commission, as ex-officio voting members. (OR2009-10-106)(Revised OR2013-865)(Revised OR2015-3-24)
A) All members shall be residents of the City of Hamilton, Ohio, and shall be appointed to serve a
two (2) year term. Whenever an organization listed below fails to nominate a member the
existing member may serve an additional six (6) months upon approval by the City Manager.
(1) One (1) member nominated by the Hamilton Chamber of Commerce and confirmed by
the City Manager.
(2) One (1) member of the City Council, as an ex-officio voting member appointed by City
Council.
(3) One (1) member from the City of Hamilton Planning Commission, as an ex-officio voting
member appointed by the Planning Commission.
(4) One (1) member nominated by Historic Hamilton and confirmed by the City Manager.
(5) One (1) member who is a private licensed architect, landscape architect or engineer,
confirmed by the City Manager.
(6) One (1) member nominated by the Rossville Historic Preservation Association and
confirmed by the City Manager.
(7) One (1) member nominated by the Dayton Lane Historic Area, Inc. and confirmed by
the City Manager.
(8) One (1) member nominated by Hamilton’s German Village Inc. and confirmed by the
City Manager.
(9) One (1) member nominated by the Downtown Special Improvement District and
confirmed by the City Manager.
(10) Two (2) members appointed by the City Manager, as At-Large voting members.
At least two of the members must meet the Secretary of Interior’s Standard for Professional
Qualifications, which must be a preservation related field that includes planning, architecture,
landscape architecture, architectural history, conservation, cultural anthropology, curation,
engineering, folklore, and history. All members shall have experience or an interest in historic
preservation. (OR2009-10-106)
B) An alternative member shall be appointed or nominated and confirmed as outlined in
1126.40(A) to substitute for a member when such member is absent or unable to participate on
an item before the Board. The alternate member shall meet all the qualifications of the member
they are appointed to substitute for as listed in Section 1126.40. The alternate member shall
possess all the powers and responsibilities of such member of the Board. (OR2009-10-106)
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C) Members of the Architectural Design Review Board shall serve without compensation and
vacancies caused by death, resignation, or termination of eligibility to serve, shall be filled in
the same manner as original appointments are made.
D) The Architectural Design Review Board shall annually select one of its own members as
Chairperson. The Chairperson shall call meetings and preside at meetings and hearings of the
Architectural Design Review Board. A Secretary shall be appointed by the City Manager from
the Community Development of the City. The Secretary shall possess at least the minimum
qualifications of an Associate Planner, or a higher but related classification, as defined by the
class description for that position adopted by Civil Service Commission of the City of Hamilton.
The Secretary shall not be a voting member of the Architectural Design Review Board and shall
keep minutes and records of all proceedings of the Architectural Design Review Board. At the
discretion of the Architectural Design Review Board the Secretary and/or Chairperson may be
given authority to approve such minor rehabilitation activities as the Architectural Design
Review Board may determine if such minor rehabilitation activities meet the standards
hereinafter set forth. (OR2009-10- 106)
E) The Architectural Design Review Board may adopt rules of procedure and provide for regular
and special meetings. Meetings shall be open to the public. Records will be made available to
the public through the Secretary upon request. Architectural Design Review Board members
shall not vote if personal or pecuniary interests are involved. Six (6) members present shall
constitute a quorum. If a quorum is present, a simple majority vote of those present shall be
required to approve or disapprove a motion. (OR2009-10-106) (Revised: OR2015-3-24)
F) Applicants will be notified of the meeting date, time, and location and are encouraged to
attend and present the details of their project. Once a decision has been rendered by the
Board, the applicant will be notified in writing of the Board’s decision within one week of
that decision.
G) The Board recognizes four classifications of meetings (regular, working, special, and
emergency) - of which there will be no less than 1 meeting per quarter, or at least 4 per
year. These meetings will be publicly announced, and a posted agenda will be made
available.
H) A written annual report of board or commission activities, including: cases decisions,
special projects, qualifications of members etc., kept on file and available for public
inspection.
I) All Architectural Design Review Board Rules, Procedures, and Guidelines will be made
available to the public. (OR2011-12-122)
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1126.50 Certificate Of Appropriateness: No alteration, painting, design change, color change,
construction, reconstruction, erection, removal or exterior work on a structure, and no
construction, erection, mounting, painting, design change, color change, moving, removal,
or revision of permanent signage to any property in an Architectural
Conservation/Historic District where such action or work will affect the exterior
architectural and/or historic features or appearance of a structure, site, monument,
streetscape, or neighborhood shall be permitted unless and until a Certificate of
Appropriateness for such action or work has been applied for and issued by the
Architectural Design Review Board, its Secretary, or Chairperson, as authorized by said
Architectural Design Review Board. An application for any building permit for use in an
Architectural Conservation/Historic District shall also be considered an application for
Certificate of Appropriateness. In addition to the requirements for a building permit, an
application shall include such other information as may be required by the Architectural
Design Review Board for a Certificate of Appropriateness. (REVISED OR2015-2-13)
A fee will be charged for any Certificate of Appropriateness application that is required to
be heard before the Architectural Design Review Board, unless the proposed change is
returning to or restoring to previous or original historic materials that can be referenced in
past Architectural Design Review Board or other official City of Hamilton/State of Ohio
Historic Inventory records. Fee information is listed in section 1190.12 Certificate of
Appropriateness. (OR 2016-8-67)
Upon receipt of an application by the Planning Department of the City, such application
shall be forwarded to the Secretary of the Architectural Design Review Board who shall
formally record the date of receipt of the application and submit the same to the
Architectural Design Review Board for timely disposal. The Architectural Design Review
Board shall act upon any application within thirty (30) calendar days from the date of
filing with the secretary. Extensions of time may be granted with the mutual consent of the
applicant and the Architectural Design Review Board. In the event the Architectural
Design Review Board does not act to approve or disapprove an application within the
stated time limit of thirty (30) days, the application shall be deemed to have been
approved by the Architectural Design Review Board. (OR 86-9-47)
In the event the Architectural Design Review Board issues to an applicant Certificate of
Appropriateness, such Certificate shall remain valid for a period of six (6) months from the
date of issuance. During the period of validity, the work for which said Certificate was
issued must commence and proceed without unreasonable delay. If such work is not
commenced, or if such work is delayed for a period exceeding six (6) months, the
Certificate of Appropriateness shall expire; provided, however, the Secretary may grant
one (1) or more extensions of time not to exceed an additional eighteen (18) months. A
request for an extension shall set forth the reasons for delay. In the event the Architectural
Design Review Board refuses to issue to an applicant Certificate of Appropriateness, the
Architectural Design Review Board shall attempt to reconcile an alternative plan with the
applicant that is acceptable both to the applicant and to the Architectural Design Review
Board. If the Architectural Design Review Board and the applicant are unable to reconcile
an alternative plan, the applicant may appeal the decision of the Architectural Design
Review Board to the Board of Zoning Appeals pursuant to the applicable provisions of
Section 1160.00, et seq. and Section 1170.00, et seq., of the Zoning Ordinance No. 7503, as
amended.
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In the event the Secretary or Chairperson refuses to issue to an applicant
Certificate of Appropriateness for minor rehabilitation, the applicant may appeal
the decision to the Architectural Design Review Board.
In determining whether or not the Architectural Design Review Board will approve the
issuance of a Certificate of Appropriateness, said Board shall consider whether the
proposed change will adversely affect or destroy any significant exterior architectural
and/or historical feature of the structure, site, monument, streetscape or neighborhood,
whether such change is inappropriate or inconsistent with the purpose of Section 1126.00,
et seq., and whether it will adversely affect or destroy the general architectural and/or
historical significance of the Architectural Conservation/Historic District. In addition to the
foregoing, the Architectural Design Review Board will apply the specific design standards
for each separate Architectural Conservation/Historic District when reviewing, all projects
in that district, in determining whether to approve or disapprove the issuance of Certificate
of Appropriateness
As new districts and landmarks are added to the inventory, guidelines will be drawn up
that offer recommendations and parameters on how to adhere to the character of these
new districts. (OR2011-12-122)
1126.51 The specific design standards for the areas described in Section 1126.30 A, B, C, D, and E
of the Architectural Conservation/Historic District are as follows:
A) That the exterior architectural and/or historical character and functional plan of the property,
when changed, will not be at such variance with existing properties in the immediate
neighborhood or Zoning District as to cause substantial depreciation of the property values of
such properties or the neighborhood.
B) That the site utilization and orientation of the proposed change is reasonably integrated with
existing roads, drives, vehicular traffic patterns and pedestrian walkways abutting the property
to which the proposed change is to be made.
C) That the proposed change is compatible with the subject property and/or a majority of
properties in the immediate surrounding area in terms of: height, proportion of a facade,
openings within a facade, relationships of solids to voids in a facade, entrances to sidewalks,
materials, textures, color, architectural details, roof shapes, landscaping, continuity and scale.
D) That the proposed change complies with the "Secretary of the Interior's Standards of
Rehabilitation", dated 1977, (appearing at Section 36 of the Code of Federal Regulations, Part
67), or as they may be subsequently amended if adopted by Council. Said standards are as
follows:
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(1) Every reasonable effort shall be made to provide a compatible use for a property,
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose
(2) The distinguishing original qualities or character of a building, structure, or site and
its environment shall not be destroyed; the removal or alteration of any historic
material or distinctive architectural features should be avoided when possible;
(3)
All buildings, structures, and sites shall be recognized as products of their own time.
Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged
(4)
Changes that may have taken place in the course of time are evidence of the history
and development of a building, structure, or site and its environment. These changes
may have acquired significance in their own right, and this significance shall be
recognized and respected
(5) Distinctive stylistic features or examples of skilled craftsmanship which characterize a
building, structure, or site shall be treated with sensitivity;
(6) Deteriorated architectural features shall be repaired rather than replaced, wherever
possible; in the event replacement is necessary, the new material should match the
material being replaced in composition, design, color, texture, and other visual
qualities; repair or replacement of missing architectural features should be based on
accurate duplications of features, substantiated by historic, physical, or pictorial
evidence rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures;
(7) The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken
(8) Every reasonable effort shall be made to protect and preserve archeological resources
affected by, or adjacent to, any project;
(9) Contemporary design for alterations and additions to existing properties shall not be
discouraged when such alterations and additions do not destroy significant historical,
architectural, or cultural material, and such design is compatible with the size, scale,
color, material, and character of the property, neighborhood or environment; and
(10)
Wherever possible, new additions or alterations to structures shall be done in such a
manner that if such additions or alterations were to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
E) Any work done shall be performed in a good and workmanship like manner according to
accepted standards and practices in the trade as outlined in the Historic Design Review
Board Policies & Guidelines. (OR2009-10-106)
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1126.60 Certificate Of Appropriateness - Demolition: In the event an application for a
Certificate of Appropriateness includes demolition of any property in the Architectural
Conservation/Historic District the applicant shall be required to submit evidence to the
Architectural Design Review Board indicating that at least one the following conditions
prevail:
A)
That the property proposed for demolition is not inherently consistent with other
properties in its area of the Architectural Conservation/Historic District
B)
That the property proposed for demolition contains no features of architectural and/or
historical significance; or
C)
That there is no reasonable economic use for the property as it exists or as it might be
rehabilitated, that there is no feasible means or prudent alternative to demolition,
D)
Existing structures listed in section 1126.110 (Central Area Building Inventory) shall be
maintained. For buildings listed in that inventory, the cost of rehabilitation must exceed
67% of the replacement cost of the same structure at the time of the proposed demolition
based on the Marshall Swift Construction Cost Index or a similar industry standard index
before a Certificate of Appropriateness for demolition can be issued. No building listed in
the Central Area Building Inventory may be demolished without approval by the
Architectural Design Review Board regardless of existing building condition. (OR2013-222)
E)
Both the architectural and historical significance of the property, its relation to the street
and to the historic district as a whole shall be considered.
If the Architectural Design Review Board finds that the application does not meet the above
criteria, the application for Certificate of Appropriateness for demolition shall be refused.
The Architectural Design Review Board may delay determination of the application for a
period of one hundred twenty (120) days upon a finding that the property is of such
architectural and/or historic significance that alternatives to demolition may be feasible. In
the event that action upon such application is delayed, the Architectural Design Review
Board may take such steps as it deems necessary to preserve the property in accordance
with the purposes of Section 1126.00, et seq. such steps may include but shall not be
limited to consultation with civic groups, public agencies and interested citizens. If the
Architectural Design Review Board and the applicant are unable to reconcile an alternative
plan to demolition, and if the Architectural Design Review Board shall refuse to
recommend the issuance of a Certificate of Appropriateness for demolition, the applicant
may appeal the decision of the Architectural Design Review Board to the Board of Zoning
Appeals pursuant to the applicable provisions of Section 1160.00, et seq., and Section
1170.00, et seq., of the Zoning Ordinance No. 7503, as amended. (OR2009-10-106)
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1126.70 Additions To Or Deletions From The Architectural Conservation / Historic District:
Additions to or deletions from the Architectural Conservation/Historic District may be
initiated by the Architectural Design Review Board, City Council, or any owner(s) of the
subject property to be added or deleted. Such action shall be commenced with the filing of
an application with the Architectural Design Review Board. In considering the addition or
deletion of such property or properties, the Architectural Design Review Board shall apply,
in addition to any other available information, the following criteria:
A)
The character, interest or value of the area or property as part of the development, heritage
or cultural characteristics of the City, State or the United States;
B)
The location as a site of a significant historic event;
C)
The identification with a person or persons who significantly contributed to the culture and
development of the City;
D)
The exemplification by the area or property of the cultural, economic, social or historic
heritage of the City;
E)
The embodiment of distinguishing characteristics of an architectural type or specimen;
F)
Identification as the work of an architect or notable builder whose individual work has
influenced the development of the City;
G)
The embodiment of elements of architectural design, detail, materials or craftsmanship
which represent architecture of significant character, charm or grandeur; and
H)
A unique location or physical characteristic representing an established and familiar visual
feature of a neighborhood or of the City.
After receipt of an application to add to or delete property from an Architectural
Conservation/Historic District, the Architectural Design Review Board shall instruct its
Secretary to schedule a public hearing on the application and to notify owners of the
property or properties described in the application. Such public hearing shall be scheduled
within thirty (30) days of receipt of the application. After the public hearing, the
Architectural Design Review Board shall decide within thirty (30) days whether to
recommend approval or disapproval of the application. (OR 93-9-100)
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I)
If an application to designate property as an Architectural Conservation/Historic District or
to remove the Architectural Conservation/Historic District designation from property does
not include or require a change in the existing Zoning District designation [for example- a
change from an Agricultural (AG) District to a Single Family Residence District (R-1), then
the application need not be submitted to nor be approved by the Planning Commission. In
such cases, the Architectural Design Review Board’s recommendation concerning the
application to designate property as or to remove the designation of property as a
Architectural Conservation/Historic District shall be made directly to Council for legislative
consideration. (OR 93-9-100)
If an application to designate property as or to remove the designation of property as a
Architectural Conservation/Historic District also includes or requires a change in the
existing Zoning District designation (for example- a change from an Agricultural (AG)
District to a Single Family Residence District (R-1), in addition to adding to or deleting
from the Architectural Conservation/Historic District) then both a recommendation by the
Architectural Design Review Board, which shall make a recommendation limited to the
Architectural Conservation/Historic District aspect of the application, and the Planning
Commission, which shall make a recommendation limited to the Zoning District aspect of
the application, shall be required for legislative consideration by City Council.
In such cases, the recommendation of the Architectural Design Review Board on the
Historic District aspect of the application shall be submitted by the Architectural Design
Review Board directly to Council for legislative consideration. Similarly, the
recommendation of the Planning Commission on the Zoning District aspect of the
application shall be submitted by the Planning Commission directly to Council for legislative
consideration (OR 93-9-100)
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1126.80 Further Duties Of The Architectural Design Review Board: To assist applicants, the review
board shall publish and make available general guidelines for the review of applications. In
addition, the Review Board may function as follows:
A)
Act in an advisory role to any City board, Commission or to City Council upon request
B)
Conduct or cause to be conducted a historic survey on official survey forms of any property
within the City which it believes may be eligible for inclusion in the Architectural
Conservation/Historic District;
C)
Provide continuing education to residents of the City with respect to the importance of
historic preservation in conserving the architectural and/or historical heritage of the City,
State and Nation. Items of continuing education will include periodic workshops (Building
Doctor Workshops), literature development, and neighborhood/district presentations by
select local historians.
D)
Obtain technical assistance (with or without compensation) which it feels it requires to
perform its duties. Such authority shall be subject to appropriation of funds by Council
E)
Monitor the Districts designated in this Ordinance to ensure compliance.
F)
Conduct or encourage members to attend training/educational sessions at least once a year,
or in-depth consultation with the OHPO, pertaining to work and functions of the
commission or on specific historic preservation issues. Barring extenuating circumstances,
all commission members should attend such a session at least once yearly. The OHPO will
provide orientation materials and training for local commissions.
G)
Additional responsibilities may be undertaken by the commission upon mutual written
agreement between the SHPO and the City – i.e. review of all proposed National Register
nominations within its jurisdiction. A written agreement will address what duties are to be
performed, what staff assistance is need to perform the work, and what level of activity in
each area of responsibility will be maintained. All delegated responsibilities must be
complimentary.
H)
A detailed inventory of the designated districts, sites, and/or structures under the specific
jurisdiction of the local government shall be maintained. In addition, all inventory material
shall be:
a. Maintained securely and be accessible to the public, except that access to archaeological site
locations may be restricted.
b. Recorded on Ohio Historic Inventory, Ohio Archaeological inventory forms, and/or forms
compatible with OHPO’s computerized inventory and therefore compatible with the
comprehensive preservation planning process.
c. Available through duplicates (with contact prints) to the OHPO. Digital images are also
acceptable.
d. Updated periodically to reflect changes, alterations, and demolitions. (OR2011-12-122)
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1126.90 Maintenance And Repair: It is the intent of this section to preserve from deliberate or
inadvertent neglect the features of buildings within an Architectural Conservation/Historic
District, when such maintenance is necessary to prevent deterioration and decay of the property
thus causing, in effect, demolition by neglect. Neither the owners nor the persons in charge of
property within an Architectural Conservation/Historic District shall permit such property to fall
into a state of disrepair so as to produce, or tend to produce, a detrimental effect upon the
character of the Architectural Conservation/Historic District as a whole or the life and character of
a property, including but not limited to:
A)
The deterioration of flooring or floor supports, walls or other vertical structural supports;
B)
The deterioration of roofs, ceilings and roof supports or other horizontal members;
C)
The deterioration of exterior chimneys;
D)
The deterioration or crumbling of exterior plaster or mortar;
E)
Deteriorated or ineffective waterproofing of exterior walls, roofs and foundations, including
broken windows or doors;
F)
The deterioration of any significant architectural features;
G)
The deterioration of any feature so as to create or permit the creation of any hazardous or
unsafe condition or conditions.
Compliance with this Section shall be in accordance with Chapter 521 and Chapter 17 of the
Codified Ordinances of the City of Hamilton and enforced by the Health Department. Any work
done on the repair and maintenance of the building and other structures shall be performed in a
good and workmanship like manner according to accepted standards and practices in the trade as
outlined in the Historic Design Review Board Policies & Guidelines. (OR2009-10-106)
1126.100 Miscellaneous: Nothing in Section 1126.00, et seq., shall be construed to prevent or
regulate:
A)
Interior arrangements, other than maintenance and repair work as listed in Section
1126.90;
B)
Ordinary maintenance or repair of any exterior features to any property within an
Architectural Conservation/Historic District which does not involve a change in design,
material, color, signage, or outer appearance thereof;
C)
Construction, reconstruction, alteration, restoration, or demolition of any such feature
which the City Manager or Designee or similar official shall certify is required by the public
safety because of an unsafe or dangerous condition; Any such action required by the City of
Hamilton Health Department shall be coordinated with the Planning Department and
Architectural Design Review Board; and
D)
Emergency repairs.
E)
Nothing in Section 1126.00, et seq., shall be construed to mean that the alteration or
rehabilitation of any property in the Architectural Conservation/Historic District is
required, other than the maintenance requirements of Section 1126.90 hereof.
(OR2009-10- 106)
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1126.110 Central Area Building Inventory: The Central Area Building Inventory shall include the
following properties. (OR2013-2-22)
105 Court Street
228-234 Court Street
309-311 Court Street
19 S. Front Street
23 S. Second Street
1 High Street
101 High Street
219 High Street
222 High Street
228-236 High Street
254 High Street
300 High Street
320 High Street
332 High Street
10 Journal Square
225 Ludlow Street
311-315 Ludlow Street
337 Ludlow Street
317 Maple Street
10 Monument Street
20 Monument Street
100 Monument Street
111 S. Front Street
212 S. Front Street
320 S. Front Street
105 N. Second Street
128 N. Second Street
2 S. Second Street
120 S. Second Street
319 S. Second Street
136 N. Third Street
100 S. Third Street
215 S. Third Street
216-220 S. Third Street
225 S. Third Street
301 S. Third Street
1126.120 Violations: Whoever violates any of the provisions of Section 1126.00, et seq., shall be
deemed guilty of a third degree misdemeanor, and upon conviction thereof, shall be fined not to
exceed the sum of five hundred ($500.00) Dollars. Each day the violation continues shall be
considered a separate offense. In the event of a violation of Section 1126.00, et seq., or imminent
threat thereof, the City or the owner of any property within the Architectural
Conservation/Historic District who would be especially damaged by such violation, may institute a
suit for injunction pursuant to Section 713.13 of the Ohio Revised Code.
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1127.00
NEIGHBORHOOD INITIATIVE AREA CONSERVATION OVERLAY ZONING DISTRICT
(EOR 2004-10-105)
1127.10 Purpose Of Neighborhood Initiative Area Conservation Overlay District
The purpose of the NIA Conservation Overlay Subdistrict is to promote high quality new
residential and commercial development within the Neighborhood Initiative Area while providing
for the conservation and preservation of the unique character of the neighborhood. The intent is to
stabilize property values, conserve and enhance existing, important neighborhood qualities by
requiring minimum base standards for new construction to ensure compatibility with existing
neighborhood attributes. The base standards relate to the building scale, mass, architecture and
overall design character of new development. The design goals and minimum standards will help
preserve established neighborhood scale and character, ensuring that residential and commercial
areas contribute to overall vitality and longevity of the neighborhood and require that new
construction projects meet minimum base standards to ensure they are compatible with the
existing character of the neighborhood
1127.20 Applicability
These requirements shall apply to the development of any property located within the confines of
the NIA as shown on the Official Zoning Map for the City of Hamilton. In no instance shall these
regulations require renovation or changes to existing structures when building permit applications
are not required to be submitted. These requirements shall only be applicable to the building or
portion of the building being constructed, altered or added to in the building permit application.
Nothing in this section shall preclude the owner from ordinary maintenance and upkeep of existing
structures. Interior remodeling/renovation/restorations that have no exterior impact are exempt
from the requirements of this chapter Examples of such instances are listed below:
New Construction
Building Additions
Exterior Rehabilitation – Siding and exterior veneer application, windows and door replacement
1127.30 Design And Plan Review
Within the NIA Overlay District, all building permit applications subject to this chapter shall be
reviewed by the Planning Department staff to ensure consistency with the specific regulations
found in this chapter. No building permit shall be issued for construction until a “Zoning
Certificate” is issued by the Zoning Inspector indicating that the proposed project complies with
the regulations found in this chapter. All permit applications shall be reviewed by the Planning
Department staff within fifteen (15) days of the date of said application for a Zoning Certificate.
Any action taken by the Planning Department staff on any building permit application subject to
review under this chapter may be appealed to the City Planning Commission.
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Appeals to the Commission
Appeals may be taken by any person aggrieved or affected by a decision of the Planning
Department Staff. Such appeal shall be taken within thirty (30) calendar days after Planning
Department staff action on the building permit application, by filing with the Secretary to the
Planning Commission a Notice of Appeal, specifying the grounds thereof. The Secretary shall
forthwith transmit to the Commission all of the papers constituting the record upon which the
action appealed from was taken.
The Commission shall fix a reasonable time and place for the hearing of the appeal, shall give due
notice thereof to the parties in interest, and shall render a decision within a reasonable time. Any
person may appear and testify at the hearing, either in person or by duly authorized agent or
attorney.
Decision of the Planning Commission on Appeals
In exercising the above enumerated powers, the Commission may reverse or affirm, wholly or
partly or may modify the order, requirement, decision or determination appealed from to the
extent and manner that the Commission may decide to be fitting and proper on the premises, and to
that end the Commission shall have all the powers of the Director of Planning and Planning
Department Staff from whom the appeal is taken.
No order or decision of the Commission made in approving an appeal shall be valid for a period
longer than one hundred-eighty (180) days unless a building permit for such construction is
obtained and the work on the project is started within such period.
1127.40 Permitted Uses
The permitted uses within the NIA Overlay District includes those permitted and conditional uses
listed in the underlying zoning district(s) R-3, R-4, R-0 and B-2, except as provided in Section
1127.50 and 1127.51 below.
In the case of a conflict between the underlying zoning district and the NIA Overlay Zoning District,
the overlay district shall govern, except in cases of a Planned Development District where the PD
district shall govern.
1127.50 Conditional Uses
Certain uses, because of their potential incompatible nature with other land uses, warrant special
review by the Planning Commission to ensure that the intent of the NIA Overlay District is met.
Conditional uses shall be reviewed by the Planning Commission and City Council in accordance
with Section 1155.00. (REVISED OR2015-9-80)
Drive-through facilities, except banking facilities
Retail stores larger than 10,000 square feet on the ground level
Transient Accommodations, except Bed & Breakfast
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1127.51 Prohibited Uses
The following uses, which may normally be permitted or conditionally permitted in the R-2, R-4,
R- O and B-2 zoning districts, shall be prohibited within the Neighborhood Initiative Area Overlay
District.




Mobile Homes
Modular Homes
Adult Businesses
Instant Bingo Billboards




Landfill and waste disposal
Vehicle impound lots
Junk Yards
Antenna Towers
1127.60 General Design Guidelines
The following guidelines shall be used in review of all applications within the NIA District.
Compliance with guidelines is expected unless an alternative approach meets the intent of the
guideline equally well. Flexibility in applying the guidelines may be permitted in response to
specific physical conditions on the property or block in question.
Guidelines for Single-Family and Multi-Family Residential Buildings
Compatibility. New buildings should be compatible with surrounding traditional buildings.
Buildings should maintain similar setbacks, scale and massing, width to height ratio, and patterns
of windows and openings.
Orientation. All buildings should be oriented to the principal public street, with the main entrance
on the façade that faces the street. Where block interiors with alley access are to be developed,
buildings should be oriented to the public lane or alley, which should be designated as a minor
street. Corner lots should be oriented towards the prevailing lot pattern on the block face.
Buildings longer than wide. In keeping with the existing development pattern, the narrow end of
the building should face the street. On large lots, an L-shaped building design may be appropriate.
On corner lots, the façade should be oriented consistent with the prevailing pattern on the block
face.
Single-family characteristics. Attached and multifamily housing should emulate single-family
housing in its basic architectural elements – pitched roofs, articulated facades, visible entrances,
porches or balconies. Taller buildings should step down to provide a height transition to existing
adjacent residential buildings.
Front/rear facades. Main entrance with porch or steps and landscaping should be located to the
front, while trash/recycling storage, play equipment and outdoor storage should be located in the
back. Outdoor decks should be located to the rear.
Semi-private space. All new single-family dwellings shall include a front porch and steps elevated
a minimum above sidewalk grade to provide a sense of privacy for residents.
Parking to the rear. Parking spaces and garages should be located to the rear of the lot or interior
of the block. When garages cannot be located to the rear or on the interior of the block, they may be
located to the side of the dwelling unit. The garage may not extend more than twenty-two (22’) feet
from the plane of the rear wall of the dwelling.
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Outdoor space. Attached and multi-family units are encouraged to include private or semi-private
outdoor space such as a yard, patio, porch or balcony, with direct access from inside the unit.
Defined outdoor space. Define all outdoor spaces, distinguishing between those reserved for
residents and those open to the public. Provide visual indications of the boundaries between
private space, public space and shared space. Enclose the shared outdoor space with buildings, low
fences or hedges, and paths. Provide convenient access to shared outdoor areas, amenities such as
play equipment, seating and tables to encourage their use, and vegetation for seasonal shade.
Paths. On larger sites, where common open space or parking are provided separate from housing
units, a clear internal walkway system should be provided that connects each housing unit to
destinations within the site and the surrounding public sidewalk system.
Guidelines for Mixed-Use Commercial/Office/Residential Buildings
Building placement: Buildings should be placed at or close to the edge of the sidewalk to form a
consistent “street wall.” Portions of the façade may be recessed to provide outdoor seating areas,
but the façade should generally meet the front yard setback for at least 75 percent of its length.
Building height: Buildings should generally not exceed three stories, but four stories may be
appropriate at prominent intersections. Buildings should “step down” to provide a transition to
existing residential buildings.
Storefront design: Mixed-use buildings should include elements of storefront design at ground
level. Storefront design includes the following elements:
The ground floor includes large display windows at least, and is visually separated from the upper
stories, through the use an intermediate cornice line, an awning, arcade or portico, or similar
techniques.
Roofs may be flat, consistent with traditional storefront commercial design, or pitched. If flat roofs
are used, building tops should be articulated with detailed cornices or parapets. Pitched roofs
should be consistent in profile with surrounding residential buildings.
Windows above the ground floor should be placed at regular intervals, have a consistent shape, and
be vertically oriented (taller than wide).
Long building facades should be divided into smaller increments to create visual interest, through
divisions or breaks in materials, separate entrances and entry treatments, window bays, or similar
techniques.
Parking to the rear or side. As with residential buildings, parking and loading areas should be
placed at the rear of the lot, or if that is not feasible, to the side of the building.
Maintain and improve green space. Residential blocks should be landscaped in keeping with the
City’s general landscaping guidelines, except that planting strips between street and sidewalk
should be landscaped with shade trees where feasible, using species that are compatible with
narrow areas found in Chapter 915 of the City of Hamilton Codified Ordinances.
186
Screen surface parking. Parking areas adjacent to public streets or sidewalks shall be screened
with a combination of landscape material and decorative fencing or walls sufficient to screen
parked cars on a year-round basis while providing adequate visibility for pedestrians.
1127.70 Specific Design Standards
Design and Dimensional Standards
The following standards shall take precedence over the standards in the underlying districts:
Building
Feature
Front Yard
Setback
Residential Uses
Side Yard
Setback
Lot Width
Average of existing structures on the block
face, or minimum of 5 feet and maximum of
10 feet. On corner or double frontage lots,
minimum 5 feet on each frontage
Side Yards
Least Width
Side Yards
Sum of Least
Width
12 feet
11 feet
6 feet
45-54 feet 4 feet
36-44 feet 3 feet
35 feet or
3 feet
less
On lots of 55 feet in width or greater, the
setback of the underlying zoning district
shall apply.
Mixed Use and Nonresidential use
(commercial or office)
Same
For new construction a minimum of
5 feet if abutting a residential district
or use.
Building
Height
Maximum building height is 35 feet.
The height of new construction for
structures shall, at a minimum, have
a height of ten (10) feet for every
eight (8) feet of front building width.
Maximum height 45 feet on corner
lots, 35 feet in mid-block.
Not Required
Front Porch
Required. Minimum of 6 feet deep and 8
feet wide per dwelling unit. No enclosures
of existing or new front porches permitted.
First Floor
Elevation
Basements
Eave
overhangs
and all gable
cornice
projections
Minimum 18” above grade
Not Required
Required
Minimum 12” overhang projection if frame
construction.
Minimum 12” overhang projection (Finish
8”) if brick construction.
Minimum 6” gable cornice projection if
frame construction.
Minimum 10” gable cornice projection
(finish 6”) if brick construction.
Not Required
For gable roofs a minimum 12”
projection. The preferred roof is a
single slope structure, with the slope
facing away from the street façade
and the roof plane hidden from view
on the front façade through use of
decorative devices such as parapets
or decorative cornices.
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Building
Feature
Main roof
pitch –
principal
building
Building
Entrance
Roof pitch –
garage
Garage
placement
Garage
design
Parking
placement
Parking
Surface
Accessory
Structures
Fences
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Residential Uses
Minimum 6 over 12.
The main building entrance shall face the
principal street.
Same as the main structure.
Detached and attached shall be located in
rear yard if alley access is provided, setback
a maximum of eight (8) feet from rear
property line. If no alley access, garage may
face street but shall not create obstruction
of sidewalk.
Shall be compatible in materials and design
with the principal structure.
Rear yard if alley access is provided. If no
alley access, it may be located in the side
yard but shall not create obstruction of
sidewalk.
Any off-street parking area or access drive
shall be surfaced with asphalt or cement
binder, concrete, or decorative brick pavers,
so as to provide a dustless surface, and shall
be graded and drained.
Accessory structures such as storage sheds
are permitted within the rear yard, setback
a maximum of eight (8) feet from the rear
property line. The design shall be
compatible with the principal building.
Permitted, maximum height as specified in
Zoning Ordinance (1131.41H). Front yard
fences shall be at least 50% transparent (i.e.
50% of fence area consisting of open space).
No chain-link fence permitted on any street
frontage. Chain-link fence permitted in nonstreet facing yards, no slats on chain-link
fence permitted.
Mixed Use and Nonresidential use
(commercial or office)
Minimum 6 over 12 if gable roof. If
not, single-slope to rear or flat roof.
If flat roof a minimum 12-inch
parapet wall shall be provided.
Same
Same
Same
Same
Same
Same
Same
Fences are only permitted in the
rear of nonresidential uses
Building
Feature
Exterior
Finish
Building
Materials
Residential Uses
Masonry, (brick, natural stone), stucco,
precast concrete units if textured, wood, if
painted (horizontal lap siding with an
exposure no greater than 5 inches or wood
shakes), and cementatious or vinyl siding
designed to resemble wood with an
exposure no greater than 5 inches.
Mixed Use and Nonresidential use
(commercial or office)
Masonry, (brick, natural stone),
stucco, precast concrete units if
textured, wood, if painted
(horizontal lap siding with an
exposure no greater than 5 inches or
wood shakes), and cementatious or
vinyl siding designed to resemble
wood with an exposure no greater
than 5 inches.
EIFS (exterior insulating finish
system) on rear and side facades
only, starting at least 3 feet above
grade.
Windows area
Minimum of 20% of front façade. Minimum
of 15% on street side facades if located on a
corner.
Building
Facade
Not Applicable
Ground floor: at least 60% of ground
floor façade between 2.5 feet and 7
feet, above the sidewalk, shall be
designed as storefront display
windows. The degree of
transparency or tint shall not exceed
35%.
Upper stories: at least 20% of upper
stories.
If a building is located on a corner
lot, at least 40 % of the ground floor
façade shall be designed as display
windows.
Vertical elements, whether
structural or ornamental, in the form
of piers or pilasters used to
subdivide the building façade into
window display areas and entrances,
shall be between ten (10) and
twenty (20) inches wide and such
vertical elements shall be
constructed between six (6) to
fifteen (15) feet apart. The ground
floor and second floor of a building
shall be visually separated by a
projected horizontal linear element
to extend no more than six (6)
inches beyond the face of the
building and be placed along the
entire width of the front of the
building.
189
Building
Feature
Windows –
size
Window
Trim
Doors
Mechanical
Equipment
190
Residential Uses
Consistent with surrounding traditional
buildings; height-to-width proportion of at
least 2:1 (i.e. twice as high as wide).
Window trim on non-masonry finish
construction shall include a minimum 1” X
4” trim wrap around window opening.
Masonry finish construction shall include a
masonry lintel and sill.
On existing buildings, front doors should be
retained where feasible, or replaced with
doors appropriate to the age and style of
the house constructed of either wood, steel,
or anodized aluminum in colors
complementary to the building. Storm and
screen doors shall be compatible with the
interior door in size and shape. Historic
door surrounds and trim should not be
removed when replacements are installed.
Not Applicable
Mixed Use and Nonresidential use
(commercial or office)
Same
Same
New doors to office or commercial
businesses shall be at least 40
percent transparent.
Replacement or new doors shall be
appropriate to the age and style of
the house constructed of either
wood, steel, or anodized aluminum
in colors complementary to the
building.
All mechanical equipment used as an
accessory to the building shall not be
visible from the public right-of-way.
Mechanical equipment shall be
screened.
1128.00
WELLHEAD PROTECTION AREA REGULATIONS
(OR 98-10-012)
1128.10 Purpose: In addition to the objectives of the Comprehensive Zoning Ordinance and
Regulations as set forth in Section 1102.20, it is the purpose of this Chapter to
regulate land uses within the Wellhead Protection Area of the City of Hamilton in
order to safeguard the public health, safety, and welfare of persons and property by
protecting designated groundwater supplies from degradation resulting from the
improper storage, handling, or discharge of regulated substances in and around
existing and future well fields and their recharge areas. Specifically the purposes of
these regulations are:
A)
To prevent the creation or establishment of non-compatible land uses which
have the potential to degrade or otherwise negatively impact groundwater
resources and thus, impair or destroy the utility of the Great Miami Buried
Valley Aquifer, and the public investment therein,
B)
To reduce the risk of contamination of groundwater by managing
development, land use, and commercial activities within identified
groundwater protection zones of the City of Hamilton,
C)
To assist in the implementation of policies and recommendations and to
cooperate with present and future groundwater users in southwest Butler
County and northern Hamilton County who receive water from one of six
public and private water suppliers in the Hamilton to New Baltimore area,
thereby preserving groundwater resources among these water suppliers and
their host communities.
D)
To preserve and enhance the quality of Hamilton’s environment.
E)
To promote economic health of the City through balancing
protection of groundwater with promotion of business and
community interests.
1128.20 Wellhead Protection Area (WHPA): Certain areas of the City of Hamilton are hereby
delineated and zones are hereby established for the protection of groundwater
resources and shall be collectively referred to as the “Wellhead Protection Area”
(WHPA). A map of the WHPA shall be kept on file in the offices of the City Planning
Department and the City Clerk. The requirements of Chapter 1128 are hereby
superimposed upon, and are in addition to, the requirements of the underlying
Zoning Use District contained within the applicable Time-Of-Travel Zones. The
Wellhead Protection Area shall be comprised of the following zones:
191
1128.21 One-Year Time-Of-Travel (TOT) Zone
1128.21.1
Location. The one-year TOT zone is that area around the well or well field
from which groundwater will be drawn for use in a one- year time period.
The one-year TOT zone is hereby established in those areas of the City of
Hamilton as delineated on the Wellhead Protection Area Map.
1128.21.2
Permitted Uses. Uses within TOT-1 zone include those uses permitted by
each Use District underlying the TOT-1 zone, unless prohibited herein.
1128.21.3
Prohibited Uses. The establishment of the following new activities/land uses
is prohibited in the one-year TOT zone as of the effective date of this
provision:
(A) Commercial junkyards;
(B) Commercial sanitary/solid waste landfills;
(C) The disposal of shingles, asphalt, and/or lead-based or lead containing
materials in an unlicensed landfill;
(D) The manufacturing, processing, or recycling of regulated substances as
the principal activity where storage, handling, or use of a Regulated
Substance exceeds fifty-five (55) gallons aggregate for liquid materials
or four-hundred, forty (440) pounds aggregate for dry weights;
(E) Commercial establishments for motor vehicle repair/service shops
and/or body repair where storage, handling, or use of a Regulated
Substance exceeds fifty-five (55) gallons aggregate for liquid
materials or four hundred, forty (440) pounds aggregate for dry
weights;
(F) Trucking or bus terminals where storage, handling, or use of a Regulated
Substance exceeds fifty-five (55) gallons aggregate for liquid materials
or four-hundred, forty (440) pounds aggregate for dry weights;
(G) Animal feedlots exceeding one thousand (1,000) animal units;
(H) Primary metal product industries where storage, handling, or use of a
Regulated Substance exceeds fifty-five (55) gallons aggregate for liquid
materials or four hundred, forty (440) pounds aggregate for dry weights;
192
(I)
Metal plating, polishing, etching, engraving, anodizing, or similar
processes where storage, handling, or use of a regulated substance
exceeds fifty-five (55) gallons or four hundred-forty (440) pounds,
whichever is less;
(J)
Lawn, garden, pesticide, and agricultural services with on-site bulk
mixing or blending of fertilizers, pesticides, and other industry-related
chemicals for commercial application when quantities of concentrated
fertilizers, pesticides, and other industry-related chemicals stored on
site exceeds fifty-five (55) gallons aggregate for liquid materials or fourhundred, forty (440) pounds aggregate for dry weights;
(K) Permanent storage of regulated substances in trucks, trailers, tankers, or
rail cars not meeting conditions specified in Chapter 940 of the Hamilton
Codified Ordinance where storage of the Regulated Substance(s)
exceeds fifty-five (55) gallons aggregate for liquid materials or four
hundred, forty (440) pounds aggregate for dry weights;
(L) Use of oil, waste oil, or similar liquid petroleum-type products for
dust suppression;
(M) Use of fly ash or other ash material for fill material. This prohibition
does not apply where fly ash is used as a component in cement,
concrete, or cinder block;
(N) Dry cleaning facilities with on-site dry cleaning service where Regulated
Substance(s) exceeds fifty-five (55) gallons aggregate for liquid
materials or four hundred, forty (440) pounds aggregate for dry
weights;
(O) Installation of underground storage tanks except as permitted
in Chapter 940 of the Hamilton Codified Ordinances; and
(P) Temporary or permanent storage of regulated substances other than
vehicle fuels, vehicle lubricants, and fuel for building and/or process
heating in new or existing underground storage tanks (UST’s), except
as permitted in Chapter 940 of the Hamilton Codified Ordinances.
193
1128.22 Five-Year Time-Of-Travel (TOT) Zone
1128.22.1
Location. The five-year TOT zone (TOT-5) is that area around the well or
well field located outside the one-year TOT zone but within the
boundaries of the five-year TOT zone from which groundwater will be
drawn in a five-year time period. The five-year TOT zone is hereby
established in those areas of the City of Hamilton as delineated on the
Wellhead Protection Area Map.
1128.22.2
Permitted Uses. Uses within TOT-5 zone include those uses
permitted by each Use District underlying the TOT-5 zone, unless
prohibited herein.
1128.22.3
Prohibited Uses. The establishment of the following new activities/land
uses is prohibited in the five-year TOT zone as of the effective date of
this provision:
(A) Commercial junkyards;
(B) Commercial sanitary/solid waste landfills;
(C)
The disposal of shingles, asphalt, and/or lead-based or led containing
materials in an unlicensed landfill;
(D) Manufacturing, processing, or recycling of regulated substances as the
principal activity where storage, handling, or use of a Regulated
Substance exceeds fifty-five (55) gallons aggregate for liquid materials
or four-hundred, forty (440) pounds aggregate for dry weights;
(E)
Permanent storage of regulated substances in trucks, trailers, tankers,
or rail cars not meeting the conditions specified in Chapter 940 of the
Hamilton Codified Ordinances where storage, handling, or use of a
Regulated Substance exceeds fifty-five (55) gallons aggregate for
liquid materials or four-hundred, forty (440) pounds aggregate for dry
weights;
(F)
Use of oil, waste oil or similar liquid petroleum type products for dust
suppression;
(G) Installation of underground storage tanks, except as permitted in
Chapter 940 of the Hamilton Codified Ordinances.
(H) Temporary or permanent storage of regulated substances other than
vehicle fuels, vehicle lubricants, and fuel for building and/or
processing heat for new or existing underground storage tanks, except
as permitted in Chapter 940 of the Hamilton Codified Ordinances.
194
1128.23
Ten-Year Time-Of-Travel (TOT) Zone
1128.23.1
Location. The ten-year TOT zone (TOT-10) is that area around the well
or well field located outside the one-year and five-year TOT zones but
within the boundaries of the ten-year TOT zone from which groundwater
will be drawn in a ten-year time period. The ten-year TOT zone is hereby
established in those areas of the City of Hamilton as delineated on the
Wellhead Protection Area Map.
1128.23.2
Permitted Uses: Uses within TOT-10 zone include those uses
permitted by each Use District underlying the TOT-10 zone, unless
prohibited herein.
1128.23.3
Prohibited Uses. The establishment of the following new activities/land
uses is prohibited in the ten-year TOT zone as of the effective date of this
provision:
(A)
Commercial sanitary/solid waste landfills;
(B)
The disposal of shingles, asphalt, and/or lead-based or lead containing
materials in an unlicensed landfill;
(C)
Permanent storage of regulated substances in trucks, trailers, tankers,
or rail cars when not meeting conditions specified in Chapter 940 of
the Hamilton Codified Ordinances where storage, handling, or use of a
Regulated Substance exceeds fifty-five (55) gallons aggregate for liquid
materials or four-hundred, forty (440) pounds aggregate for dry
weights;
(D)
Use of oil, waste oil, or similar liquid petroleum-type products for dust
suppression:
(E)
Installation of underground storage tanks, except as permitted in
Chapter 940 of the Hamilton Codified Ordinances.
(F)
Temporary or permanent storage of regulated substances other than
vehicle fuels, vehicle lubricants, and fuel for building and/or
processing heat for new or existing underground storage tanks, except
as permitted in Chapter 940 of the Hamilton Codified Ordinances.
195
1128.24
Conditional Uses Applicable to all Wellhead Protection Time- of-Travel (TOT)
Zones. The following land uses/activities will only be permitted within
specified TOT’s based on case-by-case review by the Board of Zoning Appeals.
Each case must be submitted as a variance request to the Board of Zoning
Appeals in accordance with local requirements:
(A) Use of fly ash as fill material as described in Section 1128.213 (m) at any
facility or property located in the ten-year TOT zone. This prohibition
does not apply where fly ash is used as a component in cement, concrete
or cinder block.
(B) Lawn, garden, pesticide, and agricultural services, located in the fiveyear TOT zone, which have on-site bulk mixing or blending of fertilizers,
pesticides, and other industry- related chemicals for commercial
application when quantities of concentrated fertilizers, pesticides, and
other industry-related chemicals stored on site meet or exceed five
hundred (500) gallons aggregate for liquid materials or four thousand
(4000) pounds aggregate for dry weights.
1128.25
Uses Exempted from Regulation - Applicable to Wellhead Protection Time-ofTravel (TOT) Zones:
1128.25.1
Full Exemptions: The following activities, substances, or storage units
are exempt from regulation under this provision when located within
the WHPA:
(A)
Exemptions in all TOT zones:
(1) Laboratory activities;
(2) Chemical storage tanks containing pressurized gases such as
chlorine, propane, hydrogen, and nitrogen;
(3) Household use of regulated substances packaged for consumer use
in original, unopened pre-packaged containers;
(4) Excavation or removal of earth materials;
(5) Office and maintenance/janitorial use of regulated substances.
This exemption does not apply to hydrocarbon or halogenated
hydrocarbon solvents;
(6) Oils and fluids within electrical utility transformers/switches;
(7) Materials present as a solid inside of a manufactured item; and
196
(8) Transport of Regulated Substances in trucks, trailers, tankers, or
rail cars to facilities in and through the WHPA are exempt
providing the Regulated Substances are fueling the transporting
vehicle, or in the transporting vehicle is in continuous transit,
making a delivery or is stopped for a period of time not to exceed
twenty-four (24) hours.
(B)
Additional exemption only applicable to the ten-year TOT zone:
(1) UST’s in the Ten-Year TOT Zone when used exclusively for
the storage of Grade 1 or Grade 2 heating fuels and diesel
fuel.
1128.25.2
Limited Exemptions:
(A)
Oil/water separator underground storage tanks, and any
underground storage tank system (UST):
(i) In the process of being installed; or
(ii) In the process of receiving a permit to install
As of the effective date of this Ordinance, are exempt from the requirements of
paragraphs (O) and (P) of Section 1128.213, (G) and (H) of Section 1128.223,
or (E) and (F) of Section 1128.233.
197
leave blank
198
1129.00
Form-Based Zoning Districts
(OR2013-2-22)
1129.10
General Requirements
(1) Six new districts are hereby created for use along High Street, Main Street, and the
areas surrounding them. Sections 1129.20 through 40 below contain brief
descriptions of each of these form-based zoning districts. Two new districts are
hereby created for use within the University Commerce Park.
(2) Within the boundaries of the eight districts listed in this Section 1129, the provisions
of section 1126.00 (Architectural Conservation/Historic District) remain in effect for
those properties located within the designated historic districts except as specifically
modified by subsection (3) below.
(3) Within the boundaries of the eight districts listed in this Section 1129, the
requirements of this section 1129 apply to all properties not listed on the Central
Area Building Inventory as follows:
•
When a building is replaced or a new building is constructed on a vacant lot, all of
the requirements in this section 1129 apply.
•
When a gross floor area of a building is increased by 50% or more and, the
requirements of this section 1129 applicable to the building location and facades
shall apply to the building addition.
•
Regardless of the size of any building addition, when any street facing building
façade within the build to zone is altered, or when any street facing building
façade originally located outside the build to zone is altered so as to bring it
within the build to zone, the requirements of this section 1129 applicable to
exterior facades shall apply to that façade, provided, however, that façade
alterations involving only the following activities shall not require compliance
with the façade requirements of this section 1129:
o
o
o
o
o
o
Routine maintenance;
Repainting;
Replacement of existing façade materials with the same materials;
Replacement of lighting fixtures;
Replacement of doors and windows that do not modify the size or shape of
building openings; or
Replacement of existing signage.
199
1129.20
District Descriptions and Intent
1129.21
Establishment of Districts and Street Hierarchy
The following districts have been established for use in the Downtown and Main Street
areas of the City.
02.01
"MS-1" Main Street Core District
02.02
"MS-2" South B Street District
02.03
"MS-3" Main Street Transition District
02.04
"DT-1" Downtown High Street District
02.05
"DT-2" Downtown Support District
02.06
"DT-3" Downtown East High Street District
The following district(s) have been established for use in the University Commerce Park
area of the City.
200
02.07
“UCP-1 University Commerce Park District -1”
02.08
“UCP-2 University Commerce Park District -2”
1129.22
MS-1: Main Street Core District.
The MS-1 District supports a mix of one to four story buildings that define the City’s
Main Street core area, serving residents and area employees. This neighborhood
shopping and service area has high ground floor transparency requirements and
establishes a street wall of storefront-style building facades along the sidewalk. It
focuses pedestrian-friendly retail and service uses on the ground story with
residential and/or office uses in upper stories.
1129.23
MS-2: South B Street District
The MS-2 District is a Main Street adjacent district that permits one to four story
buildings with residential and mixed uses. Residential uses are found in stoop
buildings and row houses, with neighborhood-scale commercial uses in stoop and
cottage commercial building types.
1129.24
MS-3: Main Street Transition District
The MS-3 District permits residential, mixed use, and office buildings. Its’ one to four
story buildings allow development of a traditional main street building as well as
more flexible building types that allow for less overall transparency and more parking
options, without sacrificing the pedestrian scale and orientation of the district. Ground
story uses include pedestrian-friendly retail uses, service uses, and office uses with
residential and office uses in the upper stories.
201
1129.25
DT-1: Downtown High Street District.
The DT-1 District supports a mix of two to ten story buildings that define the City’s core
High Street area. This regional civic, shopping, service, and office area has high ground
floor transparency requirements and establishes a street wall of storefront style-building
facades along the sidewalk. It focuses pedestrian-friendly retail and service uses on the
ground story with office and residential uses in upper stories.
1129.26
DT-2: Downtown Support District.
The DT-2 District is an area that permits a wide variety of uses and building types that
support the High Street core. It maintains a high level of pedestrian-orientation, but allows
for buildings with less overall transparency and more parking options. Its two to eight
story buildings allow development of storefronts, office buildings, apartments, civic
buildings, and row townhouse buildings. It provides for pedestrian-friendly retail and
service uses on the ground story, with office and residential uses in upper stories.
1129.27
DT-3: Downtown East High Street District
The DT-3 District is a highly transitional district that permits residential, commercial,
mixed use, and office buildings. Its’ one to three story buildings allow development of a
traditional main street building as well as more flexible building types that allow for less
overall transparency and more parking options.
202
1129.27.1
UCP-1 University Commerce Park District -1
The UCP-1 District is a form based zone district that permits three to five story buildings
with residential and mixed uses. Residential uses are found in storefront, general stoop, and
row house building types, with neighborhood-scale commercial uses in storefront and
general stoop building types.
UCP-1 ZONING MAP
203
1129.27.2
UCP-2 University Commerce Park District -2
The UCP-2 District is a form based zone district that permits one to three story buildings
with commercial, office, and industrial mixed uses. Permitted uses are found in storefront,
general stoop, and parking structure building types.
UCP-2 ZONING MAP
204
1129.28
Access and Hierarchy of Streets.
Refer to the maps on the following pages.
(1) Intent. To provide guidance for locating the front lot lines and vehicular access to lots, as
referred to in the Building Types (refer to Section 1129.40).
(2) Street Hierarchy Maps. Refer to Figures 1120.28 (1) and (2) for designation of primary streets,
secondary streets, and alleys.
a. Primary streets are defined as the highest priority street for pedestrian orientation with limited
sidewalk interruptions from driveways and the highest levels of transparency.
1. Vehicular access, loading, and driveways are permitted off these streets only if no alley or
secondary street abuts the property and no easement to an alley or secondary street exists.
2. If a lot abuts a primary street, the lot line parallel to the primary street shall be the front lot
line.
b. Alley Streets. Platted, named streets currently used as alleys are designated as alleys for the
purposes of this code. Applies to Downtown only.
1. Vehicular access off these streets is permitted as if the street is an alley.
Refer to 1129.28 (3) Vehicular Access Hierarchy, below.
2. Street Facade Requirements for each Building Type do not apply to facades fronting these
streets.
3. Yards associated with these streets are typically rear yard or side yards.
Buildings may front these streets only if no other street frontage is available.
c. Secondary Streets. All streets not designated as a primary street, alley, or alley street are
secondary streets.
1. Vehicular access off these streets is permitted only if an alley or an easement to an alley
does not exist. Refer to 1129.28 (3) Vehicular Access Hierarchy, below.
2. All facades abutting a secondary street are required to meet the Street Facade Requirements
of the Building Type.
3. A Street is considered a secondary street for the purpose of access; however, it shall be
considered a primary street for all Street Facade Requirements, triggering treatment as an
additional front facade.
d. At the intersection of any two primary streets, the following shall be considered the front lot
line:
1. High Street. If High Street is one of the primary streets, the lot line parallel to High Street
shall be the front lot line.
2. Main Street. If Main Street is one of the primary streets, the lot line parallel to Main Street
shall be the front lot line.
3. For all other situations, the Department of Community Development, or designee shall
determine which lot line shall be the front lot line. At the intersection of any two primary
streets within the University Commerce Park, the Department of Community Development,
or designee shall determine which lot line shall be the front lot line.
205
206
(3) Vehicular Access Hierarchy. The following hierarchy should be
considered to determine the appropriate location for vehicular access,
loading, and driveways for all parcels within the form-based districts.
(Amended OR 2014-5-34)
a. If an alley exists, vehicular access should be from the alley. No limitation on
the number of driveways off alleys applies.
b. If no alley exists, one driveway may be permitted off a secondary street,
unless otherwise permitted by the Building Type.
c. If no alley and no secondary street frontage exists, one driveway may be
permitted off a primary street. Driveways off primary streets should be no
wider than eighteen (18) feet and the sidewalk pavement shall continue
across the driveway.
d. Shared driveways are encouraged.
e. Vehicular access and driveway width shall be determined jointly by the
Director of Community Development and Director of Public Works on a case
by case basis.
(4) Vehicular Access Hierarchy within the University Commerce Park. The
following hierarchy shall be used to determine the appropriate location for
vehicular access, loading, and driveways for all parcels within the UCP-1
and UCP-2 form-based districts.
a. No new vehicular access drives permitted on Marshall Avenue and/or Grand
Avenue extension.
b. If an alley exists, vehicular access shall be from the alley. No limitation on the
number of driveways off alleys applies. Driveways within the UCP-1 form
based district shall be no wider than twenty-four (24’) feet and sidewalk
pavement shall continue across the driveway.
c. If no alley exists, one driveway is permitted off a secondary street, unless
otherwise permitted by the Building Type. Within the UCP-2 form based
district, driveways off secondary streets shall be no wider than thirty-six (36’)
feet and the sidewalk pavement shall continue across the driveway.
d. If no alley and no secondary street frontage exists, one driveway is permitted
off a primary street. Within the UCP-2 form based district, driveways off
primary streets shall be no wider than thirty-six (36’) feet and the sidewalk
pavement shall continue across the driveway.
e. Shared driveways are encouraged.
207
UCP STREET HIERARCHY MAP
208
1129.30 Permitted Uses
The table below indicates what uses are permitted or conditional uses in the form-based zone
districts, as well as any additional requirements that may limit or condition the ability of specific
uses in some locations.
(1) A “P” in a cell of this table indicates that the land use is allowed by right in that formbased zone district, subject to compliance with those standards referenced in the righthand column of the table, Additional Requirements, any restrictions on uses contained in
sections 1129.43 Building Types, and all other applicable provisions of this zoning
ordinance. Any use allowed by right as a primary use of land is also permitted as an
accessory use to a different permitted or approved conditional use of land on the same
parcel.
(2) A “U” in a cell of this table indicates that the land use is allowed by right in that formbased zone district only above the ground floor of the building, subject to compliance
with those standards referenced in the right-hand column of the table, Additional
Requirements, any restrictions on uses contained in sections 1129.43 Building Types,
and all other applicable provisions of this zoning ordinance.
(3) A “C” in a cell of the table indicates that the land use is allowed in that form-based zone
district only if specifically authorized by the City Council in accordance with the
provisions in Section 1155.00. If the use is authorized, it shall be subject to compliance
with those standards referenced in the right-hand column of the table, Additional
Requirements, any restrictions on uses contained in sections 1129.43 Building Types,
and all other applicable provisions of this zoning ordinance. (REVISED OR2015-9-80)
(4) An “A” in a cell of this table indicates that the land use is allowed by right in that formbased zone district only as an accessory (i.e. secondary and subordinate) use to another
permitted or approved conditional use on the property, subject to compliance with those
standards referenced in the right-hand column of the table, Additional Requirements,
any restrictions on uses contained in sections 1129.43 Building Types, and all other
applicable provisions of this zoning ordinance.
(5) A blank cell indicates that the land use is not permitted in that form-based zone district.
(6) If a Civic Building is constructed pursuant to this section 1129,434 and that building
later remains unoccupied for a period of six (6) months or longer, then, notwithstanding
the provisions of section 1129.434, the applicant may apply for approval of any use in
the clinics, eating places, financial institutions, offices, personal and business services,
retail, studio, or transient accommodation categories as shown in the table below
through the conditional use process.
(7) Uses not specifically listed within the Permitted Use Chart will be determined based
upon the North American Industrial Classification System (NAICS) published by the
United Stated Office of Management and Budget.
209
ZONING DISTRICTS
USE
P = Permitted Use
C = Conditional Use
U = Upper Floor Use
A = Accessory Use
ADDITIONAL
REQUIREMENTS
UCP-2
UCP-1
DT-3
DT-2
DT-1
MS-3
MS-2
MS-1
BPD
B-3
B-2
B-1
R-0
PROPOSED DISTRICTS
Adult Businesses
See 1121.38
Agricultural Uses
General Farming
Greenhouses
Keeping of Animals
Nurseries
P
A
A
See 1115.24
P
Animal Hospitals, Veterinary Clinics
See 1121.32 – applies
to all
Kennels
A
Antenna Towers
A
A
A
A
A
Automotive Services,
Farm Implements
See 1142.70 applies
to all
See 1121.33 --applies
to all
Automotive Service Stations
C
C
P
See 1122.22; 1122.33
Automobile repair
C
C
C
C
C
C
C
C
C
See Table Note [1]
P
P
C
C
C
C
Body and Fender Shops
Car Washes
Commercial Parking Garages and
Lots
Paint Shops
Repair Garages
Trailer Lots
C
P
C
C
C
See 1122.22
P
P
See 1122.32
Used Car Lots
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
P
P
C
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Auto Sharing Service
Business Signs
Children’s Licensed Daycare,
Preschools and Day
Nurseries
Clinics
Medical Clinics
Offices of Physicians, Surgeons or
Dentists
See 1116.32 –applies
to all See Table Note
[6]
Clubs
Fraternities
Lodges
Meeting Places for Other
Organizations
P
P
P
P
P
P
P
P
P
P
P
P
C
C
P
P
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Cultural Uses
Art Galleries
Civic or Institutional Offices
Colleges for Academic Instruction
Museums
Public Libraries
210
P
P
P
P
P
ZONING DISTRICTS
USE
P = Permitted Use
C = Conditional Use
U = Upper Floor Use
A = Accessory Use
ADDITIONAL
REQUIREMENTS
UCP-2
UCP-1
DT-3
DT-2
DT-1
MS-3
MS-2
MS-1
BPD
B-3
B-2
B-1
R-0
PROPOSED DISTRICTS
1126.31 May Apply if
Located in a Historic
District
Dwelling Units
Residential Facility, Large
On the First Floor
Above the First Floor
C
C
C
C
C
C
C
P
C
P
P
P
P
P
C
P
C
P
C
P
C
P
P
P
C
C
C
C
C
C
C
C
C
P
C
P
C
P
C
P
C
C
C
P
P
P
P
P
See 1120.35
See 1120.35
Residential Facility, Small
On the First Floor
Above the First Floor
Dwelling, Single-Family First Floor
Dwelling, Single-Family Upper Floor
Dwelling, Multi-Family
First Floor
Dwelling, Multi-Family Upper Floor
P
P
P
P
P
See 1121.23 – applies
to all
Eating Places
Bars/Taverns Soda Fountains
Brewpub
Cocktail Lounges
Ice Cream Parlors
Restaurants
Restaurants, with Drive-in Service
Soda Fountains
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
C
P
P
P
C
C
C
C
C
P
P
P
P
P
P
P
P
P
P
P
P
C
P
See Table Note [2]
Fabricating and Repair, Minor
Electric Repair Shop
Handcraft Industries, Small-Scale
Manufacturing
P
P
Painting and Decorating Shop
Plumbing Shop
Tinsmith Shop
Tire Repair Shop
C
C
C
C
C
See 1120.24
Financial Institutions
Banks
Car Title Loan Business
Cash Advance Facility
Check Cashing Facility
Financial Institutions with Drive-in
Service
Pay Day Lending Facility
P
Savings and Loan Associations
Industrial Uses, Limited
P
Industrial Uses
Institutional
Business or Trade Schools
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
See Table Note [2]
P
P
P
See Table Note [3]
See Table Note [4]
P
211
ZONING DISTRICTS
USE
P = Permitted Use
C = Conditional Use
U = Upper Floor Use
A = Accessory Use
ADDITIONAL
REQUIREMENTS
MS-2
MS-3
DT-1
DT-2
DT-3
UCP-1
UCP-2
BPD
MS-1
Elementary and Secondary Schools
for Academic
Instruction
Hospitals
for Human
Care
B-3
B-2
B-1
R-0
PROPOSED DISTRICTS
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Mortuaries and Related Services
Cemeteries
Mortuaries or Funeral Homes
Mortuaries with Crematory Services
Nursing Homes and Adult Daycare
Facilities
P
C
P
C
P
C
P
C
C
Offices
Business and Professional Offices
Government and Quasi-Government
Personal and Business ServicesOffices
C
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
P
Blueprinting
Job Printing
Letterpress
Lithographing
Publishing
Screen Printing
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Bakery
Catering Establishment
Cleaning Works
Laundry or Dyeing
P
P
P
P
P
P
P
P
P
P
P
P
Appliance & Television Repair Shops
Bail Bond Agency
Barber Shops
Beauty Parlors
General Business Services
Personal Service
Post Offices and Telegraph Offices
Shoe Repair Shops
Tailor Shops
Tattoo/Piercing Shops
Upholstery Shops
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
C
C
C
C
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
C
P
P
P
P
C
P
C
Printing Establishments
Processing
See Table Note [5]
Public Facilities
Correctional Facility
Public Utility Stations and Services,
together with Facilities
C
P
P
P
P
P
P
P
P
P
C
P
P
Recreational and Entertainment
Uses
Baseball Fields
Billiard Parlors
Bowling Alleys
Drive-in Theaters
212
P
P
P
P
See 1121.34
ZONING DISTRICTS
USE
P = Permitted Use
C = Conditional Use
U = Upper Floor Use
A = Accessory Use
MS-3
DT-1
DT-2
DT-3
UCP-1
UCP-2
P
P
P
P
P
P
P
P
P
P
A
P
P
P
P
A
A
P
P
P
P
P
A
P
P
P
P
A
A
P
P
P
C
P
P
P
P
P
A
A
P
MS-2
P
MS-1
BPD
B-3
B-2
B-1
R-0
Golf Courses
Golf Driving Ranges
Indoor Theaters
Instant Bingo
Night Clubs
Pool Halls
Parks
Public Parks
Private Non-commercial Recreation
Areas, including Country
Clubs
Skating Rinks
Swimming Pools
ADDITIONAL
REQUIREMENTS
PROPOSED DISTRICTS
P
P
P
A
A
P
Religion Uses
Churches, Synagogues and Other
Retail and Services Places of Worship
Building Materials and Hardware
Clothes Cleaning and
Laundry Pick-up Stations
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Grocery Stores
P
P
P
P
P
P
P
P
A
A
A
See Table Note [8]
See 1120.21
Medical Marijuana Cultivation,
Processing, or Retail Dispensing
Outdoor Sales
Pawn and Swap Shops
Sales and Service to Customers in
Motor Vehicles
Variety and Apparel Stores
A
A
C
See Table Note [6]
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
P
Studios
Art Studios
Conservatory Studios
Dance Studios
Music Studios
Photography Studios
Radio Studios
Television Studios
See Table Note [7]
Self-service Uses
Dry Cleaners
Self-service Laundries
Pumping of Gasoline Accessory to
Convenience or Grocery Stores
C
See 1120.34
C
Sweepstakes/Internet Cafe
See 1122.22 – applies
to all
Trade and Services
Ice Storage and Distribution Station
Wholesale Establishments
Transient Accommodations
Bed and Breakfasts
P
P
P
P
P
P
P
213
ZONING DISTRICTS
USE
P = Permitted Use
C = Conditional Use
U = Upper Floor Use
A = Accessory Use
Table Notes:
[1] Limited to automobiles and light
trucks less than 8,000 GVW.
[2] See Section 1129.46(7) for design
and placement of drive-throughs.
[3] See Section 1123.00 for list of
permitted uses.
[4] See Section 1124.00 for list of
permitted uses.
[5] This use is permitted if a retail
storefront is part of the business
operation.
[6] Sidewalk sales will be permitted
twelve (12) days each calendar year
for each business. A no cost permit
must be obtained in advance from
the Planning Department
Construction Services Division.
[7] This does not include restaurants
with drive-throughs or financial
services with drive-throughs, which
are listed separately.
[8] Must be located in the Civic
Building Type, except within UCP-1 &
UCP-2.
* Added per (OR2014-5-34) – Use
Chart is not complete for R-0, B-1, B2, B-3, BPD
214
MS-1
MS-2
MS-3
DT-1
DT-2
DT-3
UCP-1
UCP-2
BPD
B-3
B-2
B-1
R-0
Group Quarters
Hotels, Motels and Related
Eating/Drinking
Facilities
Motor
Hotels
Transient Shelters
ADDITIONAL
REQUIREMENTS
PROPOSED DISTRICTS
P
P
P
P
P
P
C
C
1129.40
Building Types
1129.41
Introduction to Building Types
The Buildings described in this section 1129.40 are the required Building Types for
new construction and renovated structures within the form-based districts listed in
1129.20. In the event of any inconsistency between the Building Type standards in
this section 1129.40 and any other provisions of this zoning ordinance, the
provisions of this section 1129.40 shall apply.
(1) General
All Building Types shall meet the following requirements to achieve the intents defined for the
districts.
(a) Zoning Districts. Each Building Type shall be constructed only within those districts
where it is shown as a permitted Building Type in Table 1129.40(1) Permitted Building
Types by Districts.
(b) No Other Building Types. All buildings constructed must meet the requirements of one of
the Building Types permitted within the zoning district of the lot.
(c) Permanent Structures. All buildings constructed shall be permanent construction.
(d) Existing Historic Structures. Properties listed in Section 1126.110 (Central Business
Building Inventory) are not subject to the requirements of this section 1129.40 Building
Types.
(e) Accessory Structures
A. Attached accessory structures are considered part of the principal structure.
B. Detached accessory structures are permitted per each Building Type and shall
comply with all setbacks except the following:
1. Detached accessory structures are not permitted in the front yard.
2. Detached accessory structures shall be located behind the principal structure in the
rear yard.
3. Detached accessory structures shall not exceed the height of the principal structure.
215
1129.42
Explanation of Building Type Tables
(1) Building Siting. This section explains the line
item requirements for each Building Type
Table within the first section entitled
“Building Siting”.
Table 1129.42 (1),
illustrates an example of a Height
Requirements Table from a typical Building
Type.
(a) Multiple Principal Structures. Whether
more than one principal structure is
permitted on a lot. If more than one
principal structure is permitted, all
buildings shall meet the requirements.
(b) Occupation of Corner.
Whether a
principal structure is required to occupy
the intersection of the front and corner
build-to zones.
(c) Front Lot Line Coverage. The minimum
percentage of street wall or building
facade required along the street. The
width of the principal structure(s) (as
measured within the front build-to zone)
shall be divided by the maximum width of
the front build-to zone (BTZ). Refer to
Figure 1129.42 (1). Measuring Front
Property Line Coverage.
A. Certain buildings have this number
set to also allow the development of a
courtyard along the front property
line.
B. Some frontage types allow side yard parking to be exempted from the front lot line
coverage calculation. If that exemption is permitted, the width of up to one double
loaded aisle of parking, located with the drive perpendicular to the street and
including adjacent sidewalks and landscaping, may be exempted, to a maximum of
seventy (70) feet.
(d) Front Build-to Zone. The build-to zone or setback parallel to the front property line.
Building components, such as awnings or signage, are permitted to encroach into
the build-to zone.
(e) Corner Build-to Zone. The build-to zone or setback parallel to the corner property line.
(f) Minimum & Maximum Lot Width. The minimum and maximum width of a lot,
measured at the front property line.
(g) Maximum Building Width. Dimension of building frontage.
(h) Maximum Impervious Coverage. The maximum percentage of a lot permitted to be
covered by principal structures, accessory structures, pavement, and other
impervious surfaces. . Refer to Figure 1129.42 (2), Maximum Impervious & SemiImpervious Coverage.
(i) Additional Semi-Pervious Coverage. The additional percentage of a lot beyond the
Maximum Impervious Coverage, which may be surfaced in a semi-pervious material,
including a green roof or pavers.
216
(j) Parking & Loading Location. The yard in which a surface parking lot, detached garage,
attached garage door access, loading and unloading, and associated drive is permitted.
(k) Vehicular Access. The permitted means of vehicular ingress and egress to the lot.
A. Alleys, when present, shall always be the primary means of access.
B. When alleys are not present, a driveway may be permitted per Building Type and,
if an alternative is available, shall not be located off a Primary Street.
(2) Height
This section explains the line item
requirements for each Building Type Table
within the second section entitled “Height”.
Table 1129.42 (2), illustrates an example of a
Height Requirements Table from a typical
Building Type.
(a) Minimum Height in Stories. The minimum
overall height for the building shall be
located within the build-to zone; stories
above the required minimum height may
be stepped back from the facade.
(b) Maximum Height in Stories. The sum of a building’s total number of
stories.
A. Half stories must be located either completely within the roof structure with streetfacing windows or in a visible basement exposed a maximum of one half story
above grade.
B. A building incorporating both a half story within the roof and a visible basement
shall count the height of the two half stories as one full story.
C. Some Building Types require a building facade to step back as its height increases.
If required, the upper stories of any building facade with street frontage shall be set
back beyond the building facade of the lower stories by the amount designated in
the table.
(c) Ground Story and Upper Story, Minimum and
Maximum Height. Each frontage type includes a
permitted range of height in feet for each story.
Refer to Figure 1129.42 (3). Measuring Height.
Additional information is as follows:
A. Floor height is measured in feet between the
floor of a story to the floor of the story above
it.
B. Floor height requirements apply only to
street facing facades.
C. For single story buildings and the uppermost
story of a multiple story building, floor to
floor height shall be measured from the floor
of the story to the tallest point of the ceiling.
217
(3) Uses
This section explains the line item requirements for each Building Type Table within the third
section entitled “Uses”. Refer to Section (C) Uses for uses permitted within each Zoning District.
The requirements in this section of the Building Type Tables may limit those uses within a specific
Building Type. Table 1129.42 (3) illustrates an example of the Uses table from a typical Building
Type.
(a) Ground and Upper Story. The uses or
category of uses that may occupy the
ground and/or upper story of a building.
(b) Parking Within Building. The area(s) of a
building in which parking is permitted
within the structure.
(c) Required Occupied Space. The area(s) of a
building that shall be designed as occupied
space – which includes interior building
space regularly occupied by the building users, but does not include storage areas, utility
space, or parking.
(4) Street Facade Requirements
This section explains the line item requirements for
each Building Type Table within the fourth section
entitled “Street Facade Requirements.” Street
Facade Requirements apply only to facades facing a
public right-of-way. The rear or interior side yard
facades are not required to meet these standards
unless otherwise stated. Table 1129.42 (4)
illustrates an example of a Street Facade
Requirements Table from a typical Building Type.
(a) Minimum Ground Story and Upper Floor
Transparency. The minimum amount of
transparency required on street facades with
street frontage. Refer to Figure 1129.42 (4).
A. Transparency is any glass in windows
and/or doors, including any mullions, that is
highly transparent with low reflectance.
1. Ground
Story
Primary
Facade
Transparency, when defined separately
from the overall minimum transparency,
shall be measured between two (2) feet
and eight (8) feet from the average grade
at the base of the front facade.
2. Corner Side Facades are required to
meet this percentage for the first thirty
(30) feet of the facade from the corner.
B. Transparency within the UCP-2 zoning
district also includes opaque spandrel glass, spandrel architectural panels, and like and
similar materials.
218
(b) Blank Wall Limitations. A restriction of the amount of windowless area permitted on a facade
with street frontage. If required, the following shall both be met for each story:
A. No rectangular area greater than thirty (30) percent of a story’s facade, as measured from
floor to floor, may be windowless; and
B. No horizontal segment of a story’s facade greater than fifteen (15) feet in width may be
windowless.
C. Within the UCP-2 zoning district no rectangular area greater than thirty (30) percent of a
story’s facade, as measured from floor to floor, may be featureless; and no horizontal
segment of a story’s facade greater than fifteen (15) feet in width may be featureless. For
the purposes of this section, features include but are not limited to windows, vertical and
horizontal building façade divisions and offsets (see f & g below), diversity of building
materials (i.e. masonry, concrete texturing, cement or plaster) to produce effects of
texture and relief that provide architectural interest.
(c) Base type. The Base type(s) permitted for the entrance(s) of a given Building Type. A mix
of permitted Base types may be used. Refer to section 1129.44 Base Types for definition of
and additional requirements for each Base type.
(d) Principal Entrance Location. The facade on which the primary building entrance is to be
located.
(e) Required Number of Street Entrances. The minimum number of and maximum spacing
between entrances on the ground floor building facade with street frontage.
(f) Vertical Facade Divisions. The use of a vertically oriented expression line or form to divide
the facade into increments no greater than the dimension shown, as measured along the base
of the facade. Elements may include a column, pilaster, or other continuous vertical
ornamentation a minimum of one and a half inch depth.
(g) Expression Line. The use of a horizontally oriented expression line or form to divide portions
of the facade into horizontal divisions. Elements may include a cornice, belt course, molding,
string courses, or other continuous horizontal ornamentation a minimum of one and a half
inch depth.
(5) Cap Type
The following explains the line item requirements for each Building Type within the fifth section
entitled “Cap Types”. Table 1129.42 (5), illustrates an example of a Cap Type Requirements
Table from a typical Building Type.
(a) Permitted Cap Type. The cap type(s) permitted for a given Building Type. Refer to section
1129.45 Cap Types for more specific requirements.
(b) Tower. A vertical building extension that may be permitted in conjunction with another cap
type on certain Building Types. Refer to section 1129.45(5).
219
1129.43
Building Types
1129.431
Storefront Building
(1) Description & Intent.
The Storefront Building is a mixed use building built close to the front and corner property
lines. Ground story storefronts with large amounts of glass and regularly spaced at-grade
entrances allow easy access to passing pedestrians. Parking may be provided in the rear of the
lot, internally in the rear of the building, or, in some cases, one double loaded aisle of parking is
permitted in the interior or the side yard at the front property line.
Ground floor uses are limited to those with some level of pedestrian activity, such as retail,
service, and office uses, with additional commercial, office, and/or residential uses in the upper
stories.
(2) Regulations.
Regulations for the Storefront Building Type are defined in the adjacent table.
Permitted Districts
MS-1
MS-3
DT-1
DT-2
(a) Building Siting Refer to Figure 1129.431 (1)
Multiple
Principal
Not Permitted
Buildings
Minimum Front
Lot Line
95% 1
85% 1,2
95% 3
85% 1,2
Coverage
Occupation of
Required
Corner
Front Build-to
0’ to 5’
0’ to 10’
0’ to 5’ 3
0’ to 10’
Zone
Corner Build- to
0’ to 5’
0’ to 10’
0’ to 5’
0’ to 10’
Zone
Minimum Side
0’
0’
0’
0’
Yard Setback
Minimum
Rear
Yard
25’
25’
5’
5’
Setback
Minimum Lot
Width Maximum
None
Lot Width
None
Maximum
Building Width
80’
80’
None
None
220
DT-3
Not Permitted
65%
5’ to 20’ 4
5’ to 15’
5’
5’; 25’ adjacent to
residential
None
Maximum
Impervious
Coverage
70%
65%
75%
65%
60%
Additional
20%
20%
25%
30%
20%
Semi-Pervious
Coverage
Parking &
Rear
Rear
Rear
Rear
Rear Yard & Interior Side
Loading
1
2
2
yard
Yard
Yard
Yard
Yard
Location
Vehicular
Alley. If no alley present, refer to 1129.27 Primary Streets for hierarchy of
Access
vehicular access.
(b) Height Refer to Figure 1129.431 (2)
Minimum Overall
1 story
1 story
3 stories 2 stories
1 story
Height
12
Maximum Overall
4 stories
4 stories
10 stories
3 stories
Height
stories
Ground Story:
Minimum
Height
12’
12’
14’
14’
15’
18’
18’
24’ 4
24’ 4
24’ 4
Maximum
Height
Upper Stories:
Minimum
Height
8’
8’
9’
9’
9’
12’
12’
14
14
14
Maximum
Height
(c) Uses Refer to Figure 1129.431 (2)
Ground Story
Any permitted non-residential use
Upper Story
Any permitted use.
Parking within
Permitted fully in any basement and in rear of upper floors
Building
Occupied
30’ deep on all full floors from the front facade
Space
Required
(d) Street Façade Requirements Refer to Figure 1129.431 (3)
Minimum
Ground Story
Primary Facade
Transparency
65%
60%
65%
60%
50%
Measured
between 2’
and 8’ above
grade
221
Minimum
Transparency
Upper Stories
Blank Wall
Limitations
Primary
Facade Base
Type
Principal
Entrance
Location
Minimum
Number of
Street
Entrances
Ground Story
Vertical Facade
Divisions
Upper Story
Vertical
Facade
Divisions
15%;
maximum
50%
15%;
maximum
50%
15%;
maximum
50%
15%;
maximum 50%
15%;
maximum 50%
Required per floor on Primary Street Facades only
Storefront
Front or Corner Facade
One for
every 50’
or less of
facade
One for
every 50’
or less of
facade
One for
every 75’
or less of
facade
One for every 100’
or less of facade
Every 25’ of facade
width
Every 30’ of facade width
Every 60’ of facade
width
Every 60’ of facade width
One for every 75’
or less of facade
Within 3’
of the top
of the
Expression
Within 3’ of the top of
ground
Lines
the ground story
story and Within 3’ of the top of the ground story
the
bottom of
the top
floor
(e) Cap Type Requirements Refer to Figure 1129.431 (3)
Permitted Cap
Parapet,
Parapet,
Parapet, Pitched 5, Parapet, Pitched 5,
Parapet
Types
Pitched 5
Pitched 5
Flat
Flat
Tower
Permitted
Notes:
1 Lots wider than 80 feet are permitted one single-loaded aisle of parking (maximum width of 40
feet), located perpendicular to the front lot line, and shall meet a front lot line coverage of 50%.
2 Lots
wider than 150 feet are permitted one double-loaded aisle of parking (maximum width of 65
feet), located perpendicular to the front lot line, and shall meet a front lot line coverage of 60%
A Courtyard covering up to 35% of the front and/or corner build-to zone may contribute to the
front lot line coverage when enclosed by building on three sides.
3
If more than 18’ in height, the ground story shall count as two stories towards maximum building
height.
4
Use of the Pitched Cap Type permitted only on buildings with a maximum width, as measured
along the front facade, of 60’ and the ridge shall run parallel to the front lot line.
222
5
Storefront Building
Multiple Principal
Buildings
(a) Minimum front lot
line coverage
Occupation of Corner
(b) Front Build-to Zone
(c) Corner Build-to Zone
(d) Minimum Side Yard
Setback
(e) Minimum Rear Yard
Setback
(f) Minimum Lot Width
(f) Maximum Lot Width
(g) Maximum Building
Width
Maximum Impervious
Surface Coverage
Additional Semi-Pervious
Surface Coverage
(h) Parking and Loading
Location
(i) Vehicular Access
(j) Minimum Overall
Height
(k) Maximum Overall
Height
(l) Ground Story:
Min
Max
UCP1
(Residential)
Permitted
UCP-2
(Commercial/Industrial)
Permitted
85%
60%
Required
5’-15’
5’-15’
10’ to property line/
20’ between buildings
25’
Required
8’-15’1
8’-15’
10’ to property line/
20’ between buildings
25’
100’
100’
160’
60%
60%
30%
30%
Rear Yard2
Rear Yard3
Primary Street
3 stories
Primary Street4
1 stories
5 stories
3 stories
12’
18’
20’ if single story
25’ if single story
12’ if multi story
18’ if multi story
35’ if single story
industrial use
The minimum build to zone for University Boulevard shall be 15-25 feet. Minimum “build-to” zone for
Marshall Avenue/Grand Boulevard shall be 10-20 feet between University Boulevard and first intersection and
the Minimum “build-to” zone for Marshall Avenue/Grand Boulevard between first intersection and Pleasant
Avenue will be dependent upon site conditions.
2 Lots wider than 80’ are permitted one single-loaded aisle of parking (max width of 40’), located perpendicular
to the front lot line, and shall meet a front lot line coverage of 50%.
3 Lots wider than 80’ are permitted one single-loaded aisle of parking (max width of 40’), located perpendicular
to the front lot line, and shall meet a front lot line coverage of 45%. Lots wider than 150 feet are permitted one
double-loaded aisle of parking (maximum width of 65 feet), located perpendicular to the front lot line, and shall
meet a front lot line coverage of 45%.
4 No new vehicular access drives permitted on Marshall Avenue/Grand Boulevard.
1
223
Storefront Building
UCP1
(Residential)
(m) Upper Story:
Min
Max
(n) Ground Story
Permitted Uses
(o) Upper Story Permitted
Uses
(p) Parking within
Building
(q) Occupied Space
Required
(r) Minimum Ground Story
Primary Façade
Transparency
(s) Minimum Upper Story
Transparency
Blank Wall Limitations
(t) Primary Façade Base
Type
(u) Principal Entrance
Location
Minimum Number of
Street Entrances
(v) Ground Story Vertical
Façade Divisions
Upper Story Vertical
Façade Divisions
(w) Expression Lines
Cap Type Requirements
(x) Tower
Service
Entrances/Overhead
Doors
UCP-2
(Commercial/Industrial)
8’
12’
Any permitted non
residential use.
Any permitted use.
8’
12’
Any permitted use.
Permitted fully in any
basement and in rear of
upper floors.
30’ deep on all full floors
from the front facade
65% - measured
between 2’ and 8’ above
grade
15%
Permitted fully in any
basement and in rear of
upper floors.
Required per floor on
Primary Street Facades
only5
Storefront, Arcade
Required per floor on
Primary Street Facades
only6
Storefront, Arcade
Front or corner facade
Front or corner facade
One (1) every 50’
One (1) per street frontage
Every 30’ of façade
width
Every 60’ of façade
width
Within 3’ of the top of
the ground story
Parapet, Pitched7, Flat
Permitted
Non Street Facade
Every 30’ of façade width
Any permitted use.
30%
15%
Every 60’ of façade width
Within 3’ of the top of the
ground story
Parapet, Pitched8, Flat
Permitted
Non Street Facade
No rectangular area greater than 30% of the story’s façade, as measure from floor to floor, may be windowless;
and no horizontal segment of a story’s façade greater than 15’ in width may be windowless.
6 No rectangular area greater than 30% of the story’s façade, as measure from floor to floor, may be featureless;
and no horizontal segment of a story’s façade greater than 15’ in width may be featureless.
7 Use of the Pitched Cap Type permitted only on buildings with a maximum width, as measured along the front
façade, of 60’ and the ridge shall be parallel to the front lot line.
8 Use of the Pitched Cap Type permitted only on buildings with a maximum width, as measured along the front
façade, of 60’ and the ridge shall be parallel to the front lot line.
5
224
225
1129.432 General Stoop Building.
(1) Description & Intent.
The General Stoop Building Type is limited in terms of uses by the district within which it is
located, generally housing office and/or residential uses. Similar to the Main Street Building, the
General Stoop building is intended to be built close to the front and corner property lines
allowing easy access to passing pedestrians and transit riders. Parking may be provided in the
rear of the lot, internally in the building, or, in some cases, one double loaded aisle of parking is
permitted in the interior or the side yard at the front property line. The minimum and
maximum heights of this Building Type depend on the district within which it is located.
(2) Regulations.
Regulations for the Stoop Building Type are defined in the adjacent table.
Permitted Districts
MS-2
MS-3
DT-2
DT-3
(a) Building Siting Refer to Figure 1129.432 (1)
Multiple Principal Buildings
Not Permitted
Minimum Front Lot Line
75%
75% 1
85%
60%
Coverage
Occupation of Corner
Required
5’ to 20’
Front Build-to Zone
5’ to 15’ 0’ to 10’ 10’ to 25’
3
Corner Build-to Zone
5’ to 10’
3
5’ to 10’
0’ to 10’
0’ to 15’
Minimum Side Yard Setback
2.5’
2.5’
5’
Minimum Rear Yard Setback
25’
25’
25’
10’
5’; 25’
adjacent to
residential
Minimum Lot Width
Maximum Lot Width
Maximum Building Width
Maximum Impervious
Coverage
Additional Semi-Pervious
Coverage
Parking & Loading Location
None
None
60’
along B
street
80’
None
None
60%
25%
70%
20%
75%
20%
65%
20%
Rear
yard
Rear
Yard 2
Rear
Yard 2
1
Rear
Yard
&
Interior Side Yard
Alley. If no alley present, refer to 1129.27
Primary Streets for hierarchy of vehicular
access.
(b) Height Refer to Figure 1129.432 (2)
Minimum Overall Height
2 stories 1 story
2 stories 1 story
10
Maximum Overall Height
4 stories 4 stories
3 stories
stories
Vehicular Access
226
All Stories: Minimum
8’
8’
9’
9’
Height
12’
12’
14’
14’
Maximum Height
(c) Uses Refer to Figure 1129.432 (2)
All Stories
Any office or residential use.
Permitted fully in any basement and in rear of
Parking within Building
upper floors
Occupied Space Required
30’ deep on all full floors from the front facade
(d) Street Façade Requirements Refer to Figure 1129.432 (3)
12%;
12%;
12%;
12%;
Minimum Transparency
maximum maximum maximum
maximum
All Stories
50%
50%
50%
50%
Blank Wall Limitations
Required per floor on Primary Street Facades
Primary Facade Base Type
Stoop, Porch
Principal Entrance Location
Front or Corner Facade
Minimum Number of Street
One for every 100’ or less of
One
One
Entrances
facade
Vertical Facade Divisions
None
Every 60’ of ground story
Expression Lines
Within 3’ of the top of the ground story and any
visible basement
(e) Cap Type Requirements Refer to Figure 1129.432 (3)
Permitted Cap Types
Pitched 4,Parapet
Parapet, pitched, flat
Tower
Permitted
Notes:
1 Lots wider than 80 feet are permitted one single-loaded aisle of parking (maximum width of 40
feet), located perpendicular to the front lot line, and shall meet a front lot line coverage of 50%.
2 Lots wider than 150 feet are permitted one double-loaded aisle of parking (maximum width of 65
feet), located perpendicular to the front lot line, and shall meet a front lot line coverage of 60%
3 Building facades built within 0 to 5’ of the front lot line and constructed prior to adoption of this
ordinance are considered in conformance. Steps on these buildings are permitted to encroach upon
the sidewalk a maximum of 2’, with a minimum of 4’ clear.
4 Use of the Pitched Cap Type permitted only on buildings with a maximum width, as measured
along the front facade, of 60’ and the ridge shall run parallel to the front lot line.
227
General Stoop Building
Multiple Principal
Buildings
(a) Minimum front lot
line coverage
Occupation of Corner
(b) Front Build-to Zone
(c) Corner Build-to Zone
(d) Minimum Side Yard
Setback
(e) Minimum Rear Yard
Setback
Minimum Setback
between buildings
(f) Minimum Lot Width
(f) Maximum Lot Width
(g) Maximum Building
Width
Maximum Impervious
Surface Coverage
Additional Semi-Pervious
Surface Coverage
(h) Parking and Loading
Location
(i) Vehicular Access
(j) Minimum Overall
Height
(k) Maximum Overall
Height
(l) All Stories:
Min
Max
UCP1
(Residential)
Permitted
UCP-2
(Commercial/Industrial)
Permitted
85%
60%
Required
5’-15’
5’-15’
10’ to property line/
20’ between buildings
25’
Required
8’-15’9
8’-15’
10’ to property line/
20’ between buildings
25’
20’
20’
100’
100’
160’
6%
60%
30%
30%
Rear Yard10
Rear Yard11
Primary Street
3 stories
Primary Street12
1 stories
5 stories
3 stories
8’
12’
18’ if single story
22’ if single story
8’ if multi story
12’ if multi story
35’ if single story industrial use
The minimum build to zone for University Boulevard shall be 15-25 feet. Minimum “build-to” zone for
Marshall Avenue/Grand Boulevard shall be 10-20 feet between University Boulevard and first intersection
and the Minimum “build-to” zone for Marshall Avenue/Grand Boulevard between first intersection and
Pleasant Avenue will be dependent upon site conditions.
10 Lots wider than 80’ are permitted one single-loaded aisle of parking (max width of 40’), located
perpendicular to the front lot line, and shall meet a front lot line coverage of 50%.
11 Lots wider than 80’ are permitted one single-loaded aisle of parking (max width of 40’), located
perpendicular to the front lot line, and shall meet a front lot line coverage of 45%. Lots wider than 150 feet
are permitted one double-loaded aisle of parking (maximum width of 65 feet), located perpendicular to the
front lot line, and shall meet a front lot line coverage of 45%.
12 No new vehicular access drives permitted on Marshall Avenue/Grand Boulevard.
9
228
General Stoop Building
(n) Permitted Uses – All
Stories
(p) Parking within Building
(q) Occupied Space
Required
(r) Minimum Primary
Façade Transparency – All
Stories
Blank Wall Limitations
(t) Primary Façade Base
Type
(u) Principal Entrance
Location
Minimum Number of Street
Entrances
(v) Vertical Façade
Divisions
(w) Expression Lines
(x) Cap Type Requirements
(y) Tower
Service
Entrances/Overhead Doors
UCP1
(Residential)
Any office or residential
use
Permitted fully in any
basement and in rear of
upper floors
30’ deep on all full floors
from the front facade
12% minimum – 50%
maximum
UCP-2
(Commercial/Industrial)
Any permitted use.
Required per floor on
Primary Street Facades
only13
Stoop, Porch, Arcade
Required per floor on Primary
Street Facades only14
Front or corner façade
Front or corner façade
Every 50’
One (1) per street frontage
Every 60’ of ground
story
Within 3’ of the top of
the ground story and any
visible basement
Pitched15, Parapet
Permitted
Non Street Facade
Every 60’ of ground story
Permitted fully in any basement
and in rear of upper floors
12% minimum
Stoop, Porch, Arcade
Within 3’ of the top of the
ground story and any visible
basement
Pitched16, Parapet
Permitted
Non Street Facade
No rectangular area greater than 30% of the story’s façade, as measure from floor to floor, may be
windowless; and no horizontal segment of a story’s façade greater than 15’ in width may be windowless.
14 No rectangular area greater than 30% of the story’s façade, as measure from floor to floor, may be
featureless; and no horizontal segment of a story’s façade greater than 15’ in width may be featureless.
15 Use of the Pitched Cap Type permitted only on buildings with a maximum width, as measured along the
front façade, of 60’ and the ridge shall run parallel to the front lot line.
16 Use of the Pitched Cap Type permitted only on buildings with a maximum width, as measured along the
front façade, of 60’ and the ridge shall run parallel to the front lot line.
13
229
230
1129.433 Cottage Commercial Building.
(1) Description & Intent.
Commercial Building combines characteristics of the Storefront Building Type with physical
characteristics of a residential cottage, such as a pitched roof and a front stoop or porch.
This lower-scale building has a pedestrian-friendly storefront, stoop, or porch base type with
moderate transparency and a primary entrance that faces the street. Constructed with Setbacks
similar to a residential cottage, this building typically has more landscape area than the
Storefront Building Types. Parking is permitted in the rear of the lot or a side aisle (with
conditions).
The Cottage Commercial Building may contain a mix of uses, including retail, service, and office
uses on the ground floor, with residential uses on upper floors.
(2) Regulations.
Regulations for the Cottage Commercial Form are defined in the adjacent table.
Permitted Districts
MS-1
MS-2
(a) Building Siting Refer to Figure 1129.433 (1)
Multiple Principal Buildings
Not
Not
Permitted Permitted
Minimum Front Lot Line
Coverage
Occupation of Corner
Front Build-to Zone
Corner Build-to Zone
Minimum Side Yard Setback
Minimum Rear Yard Setback
Minimum Lot Width
Maximum Lot Width
Maximum Building Width
Maximum Impervious Coverage
Additional Semi-Pervious
Coverage
85% 2
85%
0’ to 15’ 4
0’ to 5’
2.5’
35’
0’ to 20’
0’ to 15’
5’
35’
50’
30’
60%
20%
65%
20%
MS-3
Permitted
75% 2, 3
Required
5’ to 15’
0’ to 10’
2.5’
35’
None
None
50’
60%
20%
DT-3
Permitted
60%
15’ to 25’
10’ to 20’
15’
25’
60’
65%
20%
Rear Yard &
Parking & Loading Location
Rear Yard 2, 3
Interior Side
Yard
Alley. If no alley present, refer to 1129.27 Primary
Vehicular Access
Streets for hierarchy of vehicular access.
(b) Height Refer to Figure 1129.433 (2)
1.5
1.5
Minimum Overall Height
2 stories
1 story
stories
stories
Maximum Overall Height
3 stories
3 stories
3 stories
3 stories
All Stories: Minimum Height
8’
8’
8’
9’
Maximum Height
12’
12’
12’
14’
Rear
yard 2
Rear Yard
231
(c) Uses Refer to Figure 1129.433 (2)
Ground Story
Any permitted use except residential.
Upper Stories
Any permitted use.
Permitted fully in any basement and in rear of upper
Parking within Building
floors
Occupied Space Required
30’ deep on all full floors from the front facade
(d) Street Façade Requirements Refer to Figure 1129.433 (3)
Minimum Ground Story
Transparency
20%
45%
20%
20%
Measured between 2’ and 8’
above grade
15%;
15%;
15%;
15%;
Minimum Transparency
maximum
maximum maximum maximum
Upper Stories
50%
50%
50%
50%
Blank Wall Limitations
Required per floor on all Primary Street Facades
Storefront,
Stoop,
Primary Facade Base Type
Stoop,
Porch
Porch
Porch
Principal Entrance Location
Front or Corner Side Facade
Number of Street Entrances
Minimum 1
Vertical Facade Divisions
Not Required
Expression Lines
Within 3’ of the top of any visible basement
Wood, hardiplank, vinyl siding with a minimum
Primary Façade Material
thickness of .04 inches
(e) Cap Type Requirements Refer to Figure 1129.433 (3)
Permitted Cap Types
Pitched with ridge perpendicular to front lot line
Tower
Permitted
Notes:
The Cottage Commercial Building Type is permitted only on corners in the MS-2 District.
Lots wider than 80 feet are permitted one single-loaded aisle of parking (maximum width of 40
feet), located perpendicular to the front lot line, and shall meet a front lot line coverage of 50%.
3 Lots wider than 150 feet are permitted one double-loaded aisle of parking (maximum width of 65
feet), located perpendicular to the front lot line, and shall meet a front lot line coverage of 60%
4 Building facades built within 0 to 5’ of the front lot line and constructed prior to adoption of this
ordinance are considered in conformance. Steps on these buildings are permitted to encroach upon
the sidewalk a maximum of 2’, with a minimum of 4’ clear.
1
2
232
233
1129.434 Civic Building.
(1) Description & Intent.
The Civic Building Type is a more flexible Building Type intended only for civic and institutional
types of uses. These buildings are distinctive within the community fabric created by the other
Building Types. In contrast to most of the other Building Types, a minimum setback line is
required instead of a build to zone. Parking is limited to the rear in most cases.
(2) Regulations.
Regulations for the Civic Building Type are defined in the adjacent table.
Permitted Districts
MS-2
MS-3
DT-1
(a) Building Siting Refer to Figure 1129.434 (1)
Not Permitted
Multiple Principal
Buildings
Minimum Front Lot
None
85%
Line Coverage
Occupation of Corner
None
Required
Front Build-to Zone
Corner Build-to Zone
Minimum Side Yard
Setback
Minimum Rear Yard
Setback
Minimum Lot Width
Maximum Lot Width
Maximum Impervious
Coverage
Additional SemiPervious Coverage
Parking & Loading
Location
Vehicular Access
DT-2
DT-3
Permitted
None
None
5’
5’
10’
5’
0’
0’
0’
5’
10’
10’
5’
5’
5’
5’
10’
25’
25’
5’
5’
50’
None
70%
10%
70%
20%
75%
25%
75%
25%
5’; 25’
adjacent to
residential
None
None
70%
20%
Rear Yard & Interior Side Yard
Alley. If no alley present, refer to 1129.27 Primary
Streets for hierarchy of vehicular access.
(b) Height Refer to Figure 1129.434 (2)
Minimum Overall
1 story
1 story
1 story
1 story 1 story
Height
10
Maximum Overall
3 stories 3 stories
8 stories 2 stories
Height
stories
Ground Story:
Min. Height
9’
9’
9’
9’
9’
Max. Height
16’
16’
24’
20’
20’
Upper Stories:
Min. Height
9’
9’
9’
9’
9’
Max. Height
14’
14’
14
14
14
234
(c) Uses Refer to Figure 1129.434 (2)
Cultural uses, public facilities, clubs, or religion uses.
All Stories
Refer to 1129.30 Permitted Uses.
Parking within
Permitted fully in any basement and in rear of
Building
upper floors
Occupied Space
30’ deep on all full floors from the front facade
Required
(d) Street Façade Requirements Refer to Figure 1129.434 (3)
Minimum
Transparency
15%
per each story
Blank Wall Limitations
None
Primary Facade Base
Stoop, Arcade
Type
Principal Entrance
Front or Corner Facade
Location
Number of Street
1 per each 150’ of front facade
Entrances
Vertical Facade
None
Divisions
Expression Lines
None
(e) Cap Type Requirements Refer to Figure 1129.434 (3)
Permitted Cap Types
Parapet, Pitched, Flat. Other by Conditional use.
Tower
Permitted
Notes:
1 Lots
wider than 80 feet are permitted one single-loaded aisle of parking (maximum width of 40
feet), located perpendicular to the front lot line.
235
236
1129.435 Row Building.
(1) Description & Intent.
The Row Building is a building typically comprised of multiple vertical units, each with its own
entrance to the street. This Building Type may be organized as townhouses or rowhouses.
Parking is required to be located in the rear yard and may be incorporated either into a
detached garage or in an attached garage accessed from the rear of the building. However, when
the garage is located within the building, a minimum level of occupied space is required on the
front facade to ensure that the street facade is active.
(2) Regulations.
Regulations for the Row Building Type are defined in the adjacent table.
Permitted Districts
MS-2
DT-2
(a) Building Siting Refer to Figure 1129.435 (1)
Multiple Principal Buildings
Permitted 1
Minimum Front Lot Line
65% 2
65% 2
Coverage
Occupation of Corner
Required
Required
Front Build-to Zone
5’ to 20’ 3
5’ to 15’
Corner Build-to Zone
0’ to 15’
0’ to 10’
0’ per unit;
0’ per unit;
Minimum Side Yard Setback 7.5’ between
10’ between
buildings
buildings
25’, if alley
20’, if alley
Minimum Rear Yard Setback
present 10’ 4
present 10’ 4
18’ per unit
18’ per unit
Minimum Lot Width
Maximum Building Width
maximum 6
units per
building;
maximum
120’ width
Maximum Impervious
60%
75%
Coverage
20%
20%
Additional SemiPervious Coverage
Rear Yard; attached garages
Parking & Loading Location
access off rear façade only
Vehicular Access
Alley. If no alley present, refer
to 1129.27 Primary Streets
for hierarchy of vehicular
access.
(b) Height Refer to Figure 1129.435 (2)
Minimum Overall Height
2 stories
2 stories
Maximum Overall Height
3.5 stories
4 stories
237
All Stories: Minimum
9’
9’
Height
14’
14’
Maximum Height
(c) Uses Refer to Figure 1129.435 (2)
All Stories
Any permitted use.
Permitted fully in any
Parking within Building
basement and in rear of upper
floors
30’ deep on all full floors from
Occupied Space Required
the front facade
(d) Street Façade Requirements Refer to Figure 1129.435 (3)
Minimum Transparency
15%
15%
per each story
Blank Wall Limitations
Required per floor
Primary Facade Base Type
Stoop, Porch
Principal Entrance Location Front or Corner Side Façade 2
Number of Street Entrances
1 per unit
1 per unit
Vertical Facade Divisions
None
Expression Lines
None
(e) Cap Type Requirements Refer to Figure 1129.435 (3)
Permitted Cap Types
Parapet, Pitched, Flat
Tower
1 Permitted per building
Notes:
For the purposes of the Row Building, a building consists of a series of units. When permitted,
multiple buildings may be located on a lot with the minimum required space between them.
However, each building shall meet all requirements of the Building Type.
1
Each building shall meet the front property line coverage requirement and entrance, except one
of every five units may front and enter from a courtyard. The courtyard shall have a minimum
width of 30 feet and be defined on three sides by units.
2
Developments spanning parcels between A and B Streets are required to treat B Street as the
Front Lot Line.
3
Attached garages are considered part of the principal building and shall meet all setbacks.
Detached garages shall have a minimum rear setback of 5’.
4
238
Row Building
Multiple Principal
Buildings
(a) Minimum front lot line
coverage
Occupation of Corner
(b) Front Build-to Zone
(c) Corner Build-to Zone
(d) Minimum Side Yard
Setback
(e) Minimum Rear Yard
Setback
Minimum Lot Width
Maximum Lot Width
(f) Minimum Building
(unit) Width
(g) Maximum Building
(unit) Width
Maximum Impervious
Surface Coverage
Additional Semi-Pervious
Surface Coverage
(h) Parking and Loading
Location
(i) Vehicular Access
UCP1
(Residential)
Permitted
UCP-2
(Commercial/Industrial)
65%17
Required
5’-15’
5’-15’
0’ per unit; 10’ to
property line/
20’ between buildings
25’
100’
18’ per unit maximum, 6
units (width) per
building, maximum
width 120’
60%
30%
Rear Yard. If attached
garage access off rear
façade only
Primary Street
Each building shall meet the front property line coverage requirement and entrance, except one of every
five units may front and enter from a courtyard. The courtyard shall have a minimum width of 30’ and be
defined on three sides by units.
17
239
Row Building
(j) Minimum Overall Height
(k) Maximum Overall Height
(l) All Stories:
Min
Max
(n) Permitted Uses – All
Stories
(p) Parking within Building
(q) Occupied Space Required
(r) Minimum Primary
Façade Transparency – All
Stories
Blank Wall Limitations
(u) Primary Façade Base
Type
Principal Entrance Location
Minimum Number of Street
Entrances
Vertical Façade Divisions
Expression Lines
(x) Cap Type Requirements
Tower
UCP1
(Residential)
2 stories
4 stories
UCP-2
(Commercial/Industrial)
9’
14’
Any Permitted Use
Permitted fully in any
basement and in rear of
upper floors
30’ deep on all full floors
from the front façade
15%
Required per floor on
Primary Street Facades
only18
Stoop, Porch
Front or Corner Side
Facade
One per unit
Every 18’
Parapet, Pitched, Flat
Permitted
No rectangular area greater than 30% of the story’s façade, as measure from floor to floor, may be
windowless; and no horizontal segment of a story’s façade greater than 15’ in width may be windowless.
18
240
241
1129.436 Parking Structure.
(1) Regulations.
Regulations for the Parking Structure are defined in the adjacent table.
Permitted Districts
DT-2
(a) Building Siting Refer to Figure 1129.436 (1)
Multiple Principal Buildings
Not permitted
Minimum Front Lot Line
65%
Coverage
Occupation of Corner
Not required
Front Build-to Zone
0’ to 10’
Corner Build-to Zone
0’ to 10’
Minimum Side Yard Setback 0’
Minimum Rear Yard Setback 5’
Minimum Lot Width
30’
Maximum Lot Width
60’
Maximum Building Width
250’
Maximum Impervious
Coverage
50%
Additional Semi-Pervious
20%
Coverage
Parking & Loading Location Rear Yard
Vehicular Access
Alley, rear lane only,
excludes vehicle
entrances
(b) Height Refer to Figure 1129.436 (2)
Minimum Overall Height
1.5 stories
Maximum Overall Height
4 stories
All Stories: Minimum
9’
Height
12’
Maximum Height
(c) Uses Refer to Figure 1129.436 (2)
No additional
All Stories
requirement
s
Permitted
in the rear of
Parking within Building
the first floor and fully in
any basement(s).
15’ depth space facing
Occupied Space Required
primary street, excludes
vehicle entrances
(d) Street Façade Requirements Refer to Figure
1129.436 (3)
Minimum Transparency
15%
per each story
Blank Wall Limitations
Required
242
Primary Facade Base Type
Storefront, Stoop
Front, corner or side
Principal Entrance Location
façade
Number of Street Entrances
1 per unit
Vertical Facade Divisions
None
Expression Lines
None
(e) Cap Type Requirements Refer to Figure 1129.436
(3)
Permitted Cap Types
Parapet, Pitched, Flat
Tower
Not Permitted
Parking Structure
Multiple Principal
Buildings
(a) Minimum front lot line
coverage
Occupation of Corner
(b) Front Build-to Zone
(c) Corner Build-to Zone
(g) Minimum Side Yard
Setback
(e) Minimum Rear Yard
Setback
(f) Minimum Lot Width
(f) Maximum Lot Width
(g) Maximum Building
Width
Maximum Impervious
Surface Coverage
Additional Semi-Pervious
Surface Coverage
(i) Vehicular Access
UCP1
(Residential)
Not Permitted
UCP-2
(Commercial/Industrial)
Not Permitted
60%
60%
Required
5’-15’
5’-15’
20’
Required
8’-15’19
8’-15’
20’
25’
25’
100’
100’
250’
40%
40%
15%
15%
Primary Street
Primary Street20
The minimum build to zone for University Boulevard shall be 15-25 feet. Minimum “build-to” zone for
Marshall Avenue/Grand Boulevard shall be 10-20 feet between University Boulevard and first intersection
and the Minimum “build-to” zone for Marshall Avenue/Grand Boulevard between first intersection and
Pleasant Avenue will be dependent upon site conditions.
20 No new vehicular access drives permitted on Marshall Avenue and/or Grand Avenue extension.
19
243
Parking Structure
(j) Minimum Overall Height
(k) Maximum Overall Height
(l) All Stories:
Min
Max
(m) Permitted Uses – First
Floor Required Occupied
Space
(n) Parking within Building
(o) Occupied Space Required
(p) Minimum Primary
Façade Transparency – All
Stories
Blank Wall Limitations
(q) Primary Façade Base
Type
(r) Principal Entrance
Location
Number of Street Entrances
Vertical Façade Divisions
Expression Lines
(s) Cap Type Requirements
Tower
UCP1
(Residential)
1.5 stories
4 stories
UCP-2
(Commercial/Industrial)
1.5 stories
3 stories
9’
14’
Any Permitted Use
9’
14’
Any Permitted Use
Permitted in rear of first
floor, fully on any other
floor or basement
15’ depth space facing
primary/secondary street
corner for a minimum of
30’ in length, excludes
vehicle entrances
15%
Permitted in rear of first
floor, fully on any other
floor or basement
15’ depth space facing
primary street corner for a
minimum of 30’ in length,
excludes vehicle
entrances21
15%
Required per floor on
Primary Street Facades
only22
Stoop, Porch
Required per floor on
Primary Street Facades
only23
Stoop, Porch, Arcade
Front, Corner or Side
Facade
One per frontage
Front, Corner or Side
Facade
One per Primary Street
Frontage
None
None
Parapet, Pitched, Flat
Multiple Permitted
None
None
Parapet, Pitched, Flat
Multiple Permitted
The minimum Occupied Space Required for Parking Structures located on a Primary Street is 15 feet
depth and the greater of 60 feet or 50 percent of the structure frontage.
22 No rectangular area greater than 30% of the story’s façade, as measure from floor to floor, may be
windowless; and no horizontal segment of a story’s façade greater than 15’ in width may be windowless.
23 No rectangular area greater than 30% of the story’s façade, as measure from floor to floor, may be
featureless; and no horizontal segment of a story’s façade greater than 15’ in width may be featureless.
21
244
245
1129.44 Base Types
Base type standards apply to the ground story and visible basement of front facades of all Building
Types as defined in this section. Refer to the Building Type Table Requirements in section 1129.43.
(1) General
The following provisions apply to all base types.
(a) Intent. To guide the design of the ground story of all buildings to relate appropriately to
pedestrians on the street. Treatment of other portions of the building facades is detailed in
each Building Type standard.
(b) Applicability. The entire ground story front facade(s) of all buildings shall meet the
requirements of at least one of the permitted base types, unless otherwise stated.
(c) Measuring Transparency. Refer to 1129.42 Explanation of Building Type Table
Standards, for information on measuring building transparency.
(d) Visible Basements. Visible basements, permitted by base type, are optional. The visible
basement shall be a maximum of one-half the height of the tallest story.
(2) Storefront Base Type
The Storefront base type is a highly transparent
ground story treatment designed to serve
primarily as the display area and primary
entrance for retail or service uses. Refer to Figure
1129.44 (1).
(a) Transparency. Minimum transparency is
required per Building Type.
(b) Elevation. Storefront elevation shall be
between zero and one foot above sidewalk.
(c) Visible Basement. A visible basement is not
permitted.
(d) Expression Line. Horizontally define the ground story facade from the upper stories.
(e) Entrance. Where the sidewalk is less than 10 feet in width at the entrance, the entry door
shall be recessed from the front façade.
A. Recess shall be a minimum of three feet from the
front lot line and a maximum of eight feet deep,
measured from the portion of the front facade
closest to the street.
B. When the recess falls behind the front build-to
zone, the recess shall be no wider than eight feet.
(3) Arcade Base Type
An Arcade base type is a covered pedestrian walkway
within the recess of a ground story. Refer to Figure
1129.44 (2).
(a) Arcade. An open-air public walkway is required from the face of the building recessed into
the building a minimum of eight (8) and a maximum of fifteen (15) feet, except in the UCP-2.
(b) Build-to-Zone. When the Arcade is used, the outside face of the Arcade shall be
considered the front facade, located within the required build-to zone.
246
(c) Recessed or Interior Facade. Storefront base type is required on the recessed ground story
facade.
(d) Column Spacing. Columns shall be spaced between ten (10) feet and twelve (12) feet on
center, except in the UCP-2.
(e) Column Width. Columns shall be a minimum of one (1) foot eight (8) inches and a maximum
of two (2) feet four (4) inches in width, except in the UCP-2.
(f) Arcade Opening. Opening shall not be flush with interior arcade ceiling and may be arched
or straight.
(g) Expression Line. Horizontally define the ground story facade from the upper stories.
(h) Visible Basement. A visible basement is not permitted.
(4) Stoop Base Type
A stoop is an unroofed, open platform. Refer to Figure 1129.44 (3).
(a) Transparency. Minimum transparency is required per Building Type.
(b) Stoop Size. Stoops shall be a minimum of three (3) feet deep and six (6) feet wide.
(c) Elevation. Stoop elevation shall be located a maximum of two (2) feet six (6) inches
above the sidewalk without visible basement and a maximum of four (4) feet six (6)
inches above the sidewalk with a visible basement.
(d) Visible Basement. A visible basement is permitted and shall be separated from the
ground story by an expression line.
(e) Entrance. The main entrance shall be located off a stoop.
(5) Porch Base Type
A porch is a raised, roofed platform with a minimum
dimension of six feet by eight feet. Enclosure of porch
walls is prohibited. Refer to Figure 1129.44 (4).
(a) Transparency
A. Minimum transparency per Building Type is
required.
B. If enclosed, a minimum of forty (40) percent
of the enclosed porch shall be comprised of
highly transparent, low reflectance windows.
(b) Porch Size. The porch shall be a minimum of five (5) feet deep and eight (8) feet wide.
(c) Elevation. Porch elevation shall be located a maximum of two (2) feet six (6) inches above
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the sidewalk without a visible basement and a maximum of four (4) feet six (6) inches
above the sidewalk with a visible basement.
(d) Visible Basement. A visible basement is
permitted.
(e) Height. Porch may be two stories to provide a
balcony on the second floor.
(f) Entrance. All entries shall be located off a porch.
1129.45 Cap Types
Cap Type standards apply to the roof and cap of all Building Types as defined in this section.
Refer to the Building Type Table Requirements.
(1) General Provisions
The following provisions apply to all cap types.
(a) Intent. To guide the design of the cap of all buildings.
(b) Applicability. All buildings shall meet the requirements of one of the cap types
permitted for the Building Type.
(c) Measuring Height. Refer to Section 1129.42 Explanation of Building Type Table
Requirements for information on measuring building height.
(d) Other Cap Types. Other building caps not listed as a specific type may be approved by
the Architectural Review Board with the following requirements:
A. The cap type shall not create additional occupiable space beyond that permitted by
the Building Type.
B. The shape of the cap type shall be significantly different from the Parapet,
Pitched/Gable, Pitched/Hip, Parallel Ridge, Tower, and Flat Cap types defined in this
section 1129.45 Cap Types, (e.g. a dome, spire, or vault).
C. The building shall warrant a separate status within the community from the fabric of
surrounding buildings, with a correspondence between the form of the cap type and
the meaning of the building use.
(2) Parapet Cap Type
A parapet is a low wall projecting above a building’s roof along the perimeter of the
building. It can be used with a flat or low pitched roof and also serves to limit the view of
roof-top mechanical systems from the street. Refer to Figure 1129.45 (1) Parapet Cap Type.
(a) Parapet Height. Height is measured from the top of the upper story to the top of the
parapet.
A. Minimum height is two (2) feet
with a maximum height of six (6)
feet.
B. The parapet shall be high enough
to screen the roof and any roof
appurtenances from view of the
abutting street(s).
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(b)
The parapet may be vertical matching the façade materials, or sloped no less
than 12:12 utilizing roof materials per 1129.46(1)(b), or a combination of
vertical and sloped parapets meeting these standards.
(c)
Expression Lines. An expression line shall define the parapet from the upper
stories of the building and shall also define the top of the cap.
(d)
Occupied Space. Occupied space shall not be incorporated behind this cap type.
(3) Pitched Cap Type
This cap type has a sloped or pitched roof. Slope is measured with the vertical rise
divided by the horizontal span or run. Refer to Figure 1129.45 (2) Pitched Cap Type.
(a) Pitch Measure. The roof may not be
sloped less than a 4:12 (rise:run) or more
than 16:12. Slopes less than 4:12 are
permitted
to occur on second story or higher roofs.
(b) Configurations.
Figure 1129.45. (2) Pitched Cap Type
A. Hipped, gabled, and combination of
hips and gables with or without
dormers are permitted.
B. Butterfly roofs (inverted gable roof) are permitted with a maximum height of eight
feet, inclusive of overhang.
C. Mansard roofs are permitted with the following standards:
1. Mansard roof is permitted on only one story;
2. Slope is no steeper than 16:12;
3. Cap height is not taller than 10
feet; and
4. One dormer per 15
horizontal feet of street
frontage is required.
D. Gambrel roofs are not permitted.
(c) Parallel Ridge Line. A gabled end or
perpendicular ridge line shall occur at least every one hundred (100) feet of roof when
the ridge line runs parallel to the front lot line.
Refer to Figure
1129.45 (3) Parallel Ridge Line.
(d) Roof Height. Roofs without occupied space
and/or dormers shall have a maximum height
on street-facing facades equal to the maximum
floor height permitted for the Building Type.
(e) Occupied Space. Occupied space may be
incorporated behind this cap type.
(4) Towers
A tower is a rectilinear or cylindrical, vertical
element, that must be used with other cap types.
Refer to Figure 1129.45 (4).
(a) Quantity. All Building Types, with the
exception of the Civic Building, are limited to
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one tower per building, unless otherwise indicated.
(b) Tower Height. Maximum height, measured from the
top of the parapet or eave to the top of the tower, is the equivalent of the height of
one upper floor of the building to which the tower is applied.
(c) Tower Width. Maximum width along all facades is one-third the width of the front
facade or thirty (30) feet, whichever is less.
(d) Horizontal Expression Lines. An expression line shall define the tower from the
upper stories, except on single family or attached house residential Building Types.
(e) Occupied Space. Towers may be occupied by the same uses allowed in upper stories
of the Building Type to which it is applied.
(f) Application. May be combined with all other cap types.
(g) Tower Cap. The tower may be capped by the parapet, pitched, low pitched, or flat
roof cap types, or the spire may cap the tower.
(5) Flat Cap Type
This cap type has a flat roof with overhanging eaves. Refer to Figure 1129.45 (5) Flat
Cap Type.
(a) Configuration. Roofs with no visible
slope are acceptable. Eaves are
required on all street facing facades.
(b) Eave Depth. Eave depth is measured
from the building facade to the
outside edge of the eave. Eaves shall
have a depth of at least fourteen (14)
inches.
(c) Eave Thickness. Eave thickness is
measured at the outside edge of the eave, from the bottom of the eave to the top of
the eave. Eaves shall be a minimum of eight (8) inches thick.
(d) Interrupting Vertical Walls. Vertical walls may interrupt the eave and extend
above the top of the eave with no discernible cap.
A. No more than one-half of the front facade may consist of an interrupting vertical
wall.
B. Vertical walls shall extend no more than four (4) feet above the top of the eave.
(e) Occupied Space. Occupied space shall not be incorporated behind this cap type.
1129.46
Additional Design Requirements
The following outlines additional design requirements applicable to all buildings in the MS-1,
MS-2, MS-3, DT-1, DT-2, DT-3, UCP-1 and UCP-2 Districts.
(1) Materials and Color
(a) Primary Facade Materials. Eighty (80) percent of each facade shall be constructed of
one or more primary materials. For facades over one hundred (100) feet in length, more
than one material shall be used to meet the eighty (80) percent requirement. Permitted
primary building materials include high quality, durable, natural materials, such as
stone; brick; wood lap siding; fiber cement board lapped, shingled, or panel siding; glass.
250
Other high quality synthetic materials may be approved during the site plan process
with an approved sample and examples of successful, high quality local installations.
Refer to Figure 1129.46 (1).
(b) Secondary Facade Materials. Secondary materials are limited to details and accents and
include all primary materials as well as gypsum reinforced fiber concrete for trim and
cornice elements; metal for beams, lintels, trim and ornamentation; and exterior
architectural metal panels and cladding. Exterior Insulation and Finishing Systems
(EIFS) is permitted for trim only or on upper floor facades only.
251
(c) Roof Materials. Acceptable roof materials include three hundred (300) pound or
heavier, dimensional asphalt composite shingles, wood shingles and shakes, or standing
seam, slate, and ceramic tile. “Engineered” wood or slate may be approved with an
approved sample and examples of successful, high quality local installations. Refer to
Figure 1129.46 (2).
(d) Color. Main building colors shall use any historic palettes from any major paint
manufacturer. Other colors may be used for details and accents, not to exceed a total area
larger than ten (10) percent of the facade surface area.
(e) Appropriate Grade of Materials. Commercial quality doors, windows, and hardware shall
be used on all Building Types with the exception of the Row Building. Refer to Figure
1129.46 (3).
(2) Windows, Awnings, and Shutters.
(a) Windows. All upper story windows on all residential and mixed use buildings shall be
recessed a minimum of four (4) inches. Percent of transparency is required per Building
Type.
(b) Awnings. All awnings shall be canvas or metal. Plastic awnings are not permitted.
Awning types and colors for each building face shall be coordinated. Refer to Figure
1129.46 (4). Minimum clear distance from back of curb is two feet with a minimum
height of eight (8) feet. Protrusion into any right-of-way requires City approval.
(c) Shutters. If installed, shutters, whether functional or not, shall be sized for the windows.
If closed, the shutters shall not be too small for complete coverage of the window.
Shutters shall be wood, metal, or vinyl. “Engineered” wood may be approved with an
approved sample and examples of successful, high quality local installations.
(3) Balconies
The following applies in all locations where balconies are
incorporated into the facade design facing any street or
parking lot. Refer to Figure 1129.46 (5).
(a) Size. Balconies shall be a minimum size of four
(4) feet in width and six (6) feet in length.
(b) Connection to Building. Balconies that are not
integral to the facade shall be independently
secured and unconnected to other balconies.
(c) Facade Coverage. A maximum of forty (40)
percent of the front and corner side facades, as
calculated separately, may be covered with
balconies, including street-facing railing and
balcony structure.
(4) Parking Lot Screening
Parking or vehicular areas fronting on any street
shall provide a wall or fence with a minimum height
of three (3) feet or a maximum height of four (4)
feet, or landscaping with a minimum height of three
(3) feet at time of planting, any of which shall have at
least fifty (50) percent opacity screening the parking
lot. The wall shall be setback a minimum of five (5)
feet and a maximum of ten (10) feet from the
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sidewalk with landscaping in the setback. Within the UCP-2 zoning district all surface
parking lots, including any required wall or fence, shall be set back a minimum of eight (8)
feet from the property line abutting any primary street or match the building setback,
whichever is greater. Parking Lots shall be setback at least five (5) feet from all side
property lines.
(5) Drive-through Structures
Drive-through facilities are permitted only in those locations indicated in the Permitted Use
Table in Section 1129.30. Refer to Figure 1129.46 (6) for one illustration of the following
requirements.
(a) Service Window/Canopy. Drive-through service windows or canopies shall be located
on the rear facade of the building or in the rear of the lot behind the building, where
permitted by use. The service window shall not face or front any Primary Street.
(b) Stacking Lanes. Stacking lanes shall be located perpendicular to the Primary Street or
behind the building.
(c) The canopy and structure shall be constructed of the same materials used on the
building.
(6) Landscaping and Fencing
(a) All portions of front yard build to zones and corner yard areas not required to be
occupied by a building shall be landscaped. The area required to be landscaped may
include permeable patio pavement or access walkways across the area connecting the
public walk to the building.
(b) Fences shall be decorative as well as functional. Except as permitted by section
1129.46(4), no fence between the front façade off the building and any property line
shall exceed forty-two (42) inches in height, and no fence located behind the front
façade of the building shall exceed ninety-six (96) inches in height. No chain link or solid
fences may be installed on any street frontage in any form-based district.
(c) Landscaping shall be maintained in a viable condition at all times, and so as not to
interfere with pedestrian walkways, building entrances, or business sign visibility.
(d) Landscaping shall be designed as pedestrian scale and shall be open for use by the
public where practicable.
(e) Street furniture such as benches, planter boxes, fountains, sculpture, and other artwork
shall be incorporated into landscaped areas where practicable.
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1130.00 SPECIAL PROVISIONS
1130.00 Special Provisions:
Special Provisions shall be set forth and are hereby adopted by reference and
declared to be a part of this Ordinance.
1131.00 Miscellaneous Provisions
Within the boundaries of any form-based zone district listed in section 1129.00, in
the event of any inconsistency between the miscellaneous provisions in this section
1131.00 and any provision of the form-based zone districts in section 1129.00, the
provisions of section 1129.00 shall apply. (OR2013-2-22)
1131.10
Dwelling On Any Lot Of Record: In any District where residences are permitted,
residences may be erected on any single lot of record at the effective date of
adoption or amendment of this Zoning Ordinance, as amended, irrespective of the
lot’s area or width, provided the applicable yard dimensions, lot area, and other
open space requirements of the District are complied with as nearly as possible,
following Section 1131.12 hereof. Single family *95 dwellings shall only be
permitted in single-family districts; a maximum of a two-family dwelling shall be
permitted on substandard lots in other districts providing the lot area per dwelling
unit complies with the requirements of the District in accordance with the following:
(OR 86-4-24)
ZONING DISTRICT
MINIMUM LOT AREA FOR TWO DWELLING
R-3
5,000 SQ FT
R-4 and R-O
3,000 SQ FT
B-1
4,000 SQ FT
B-2
4,000 SQ FT
B-3
2,000 SQ FT
255
1131.11
Minimum Yards: In no case shall the sum of the least width of the side yards be less
than eight (8) feet. On a corner lot, the width of the yard adjoining the side street lot
line shall not be less than eight (8) feet. (OR 84-11-95)
1131.12
Side Yard Requirements for Narrow Lots: For lots of official record at the effective
date of adoption or amendment of this Ordinance which are less than fifty-five (55)
feet in width at the building line, the following minimum side yard requirements
shall be permitted: (OR #7891 9/11/74)
Special Provisions - Narrow Lots
LOT WIDTH
SIDE YARDS
Least Width
SIDE YARDS
Sum Of Least Width
45 - 54 feet
4 feet
12 feet
36 - 44 feet
3 feet
11 feet
35 feet or LESS
3 feet
8 feet
* For exceptions for private garages on narrow lots, see Section 1131.14.
1131.12.1
Building Design Limitations: Eaves and other elements of the building shall
not project beyond the side lot line. (OR # 7891 9/11/74)
1131.12.2
Secondary Front Yard Setback Requirements for Fences on Lots Less than
Fifty-four (54) Feet Wide: For lots less than fifty-four (54) feet in width at the
applicable primary front yard setback line, a zero setback on the secondary
front street is allowed for fences to a maximum height of six (6) feet. Any such
fence shall not be permitted to project beyond the front line of the primary
building on the property. (OR #2005-6-56)
1131.13
256
Condition for Waiver of Side Yard Requirements: (Repealed by OR # 7891 9/11/74)
1131.14
Allowances for Private Garages on Narrow Lots: In any District where residential
dwellings may be erected, or where residential dwellings exist, a private detached
garage as an accessory use, which cannot meet the requirements of the existing District,
may be erected under any one of the following conditions: (OR 82-12-70)
A)
Lots Less Than Thirty (30) Feet In Width: For existing lots less than thirty
(30) feet in width, a single car detached garage may be erected or altered to a
maximum of twenty-four (24) feet in length and twelve (12) feet in width
provided that there are side yards of five (5) feet. Private garages shall not
exceed a maximum height of fifteen (15) feet. The maximum lot coverage for the
lot is altered to not exceed fifty (50) percent. Any such new garage structure
shall be set back a minimum of eighteen (18) feet from the centerline of any
existing alley.
B)
Lots Less Than Fifty-Five (55) Feet In Width But Thirty (30) Or More Feet In
Width: For lots that have a width of thirty (30) feet or more but are less than
fifty-five (55) feet in width, a double car detached garage may be erected or
altered not to exceed twenty-four (24) feet in length and twenty (20) feet in
width provided that there are minimum side yards of five (5) feet. Private
garages shall not exceed a maximum height of fifteen (15) feet. The maximum lot
coverage for the lot is altered to not exceed forty-five (45) percent. Any such new
garage structure shall be set back a minimum of eighteen (18) feet from the
centerline of any existing alley.
C)
Lots Less Than Fifty-Five (55) Feet In Width: For lots that are less than
fifty-five (55) feet in width, a one story detached garage fifteen (15) feet or
less in height may be erected or altered using the yard and coverage
requirements for a 1 - 1-1/2 story building of the District in which the
dwelling is located regardless of the height of the dwelling. Any such new
garage structure shall be set back a minimum of eighteen (18) feet from the
centerline of any existing alley.
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1131.20
HEIGHT LIMITATIONS NOT APPLICABLE: The height limitations stipulated in this
Ordinance shall not apply to the following:
1131.21
Farm Buildings, Architectural Features, Etc.: Barns, silos or other farm buildings or
structures on farms; church spires and towers, belfries, cupolas and domes,
monuments, water towers, fire and hose towers, observation towers, transmission
towers, windmills, chimneys, smokestacks, flag poles, radio and television towers,
masts and aerials; parapet walls extending not more than four (4) feet above the
limiting height of the building.
1131.22
Places of Public Assembly: Places of public assembly in churches, schools and other
permitted public and semi-public buildings, provided that they are located on the
first floor of such buildings and provided that for each three (3) feet by which the
height of such buildings exceed the maximum height otherwise permitted in the
District, its side and rear yards shall be increased in width or depth by an
additional foot over the side and rear yards required for the highest building
otherwise permitted in the District.
1131.23
Elevator Penthouses, Etc.: Elevator penthouses, monitors and scenery lofts,
provided no linear dimensions of any such structure exceeds fifty (50) percent of
the corresponding street lot line frontage; or to other structures, where the
manufacturing process requires a greater height.
1131.30
Yard And Frontage Limitations Not Applicable: The yard frontage limitations
stipulated elsewhere in this Ordinance shall not apply to the following:
1131.31
Average Depth of Front Yards: In any District where front yards are
required, the frontyard setback for any new residential building or addition
in any zoning district will not differ more than 5-ft. from the average setback
of the residences directly adjacent on the same street frontage.
1131.32
Steep Slopes – Front Yard Garage: In any R-District where the natural grade
of a lot within the required front yard has an average slope, normal to the
front lot line at every point along said line, of such a degree or percent of
slope that it is not practicable to provide a driveway with a grade of twelve
(12) percent or less to a private garage conforming to the requirements of
this Ordinance, such garage may be located within such front yard, but not in
any case closer than twelve (12) feet to the street line.
1131.33
Double Frontage Lots: Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is
provided on the lot in lieu of such required rear yard; applicable front yards
must be provided, however, on both streets.
(See Figure 2.)
1131.34
Side Yard Increased: (Repealed by OR 85-1-6)
258
1131.35
1131.40
1131.41
Frontage Modification: In the case of curvilinear streets and culs-de-sac the
Planning Commission may allow a reduction of the other specified frontage
or lot width requirements in R-Districts along the front property line,
provided that
A)
The lot width at the building setback line shall equal the frontage or lot width
required in the district where located;
B)
Such reduction of frontage shall not result in a reduction of the required lot
area.
Projections Into Yards:
Front, Rear and Side Street Yards: The following projections may be permitted into
any front or rear yard, or any front yard adjoining a side street lot line:
(OR 76- 11-70)
A)
Cornices, sills, belt courses, eaves and other ornamental features to a distance
of not more than two (2) feet-six (6) inches.
B)
Fire escapes to a distance of not more than four (4) feet six (6) inches.
C)
Uncovered stairways and necessary landings to a distance of not more than
four (4) feet six (6) inches, provided such stair and landing shall not extend
above the entrance floor of the building except for a railing not to exceed three
(3) feet in height.
D)
Bay windows and chimneys to a distance of not more than three (3) feet,
provided that such features do not occupy, in the aggregate, more than
one-third (1/3) the length of the building wall on which they are located.
E)
Terraces and Uncovered Patios: (Repealed OR 85-4-33)
F)
Porte-cocheres or canopies to a distance of not more than two (2) feet six (6)
inches.
G)
Balconies, in "R" Districts, to a distance of not more than three (3) feet into
yards of less than twenty (20) feet and to a distance of not more than six (6)
feet into yards of more than twenty (20) feet; provided that said balconies do
not occupy more than one-third (1/3) the length of the building wall on which
they are located.
H)
Fences in any required front, rear, or side yard limited to a height of forty-two
(42) inches in the front yard in all residential and commercial district and the
height of fences in rear or side yards limited to ninety-six (96") inches in all
residential districts. The height limitation for fences in front yards for Industrial
or Agricultural Districts shall not apply. This subsection is subject to provisions
of Section 1131.50 hereof. (OR 96-12-134)
259
1131.42
1131.50
Interior Side Yards: Subject to the limitations for features projecting into front yards
and side yards adjoining side street lot lines, said features may also project into
required yards adjoining interior side lot lines, provided that the distance shall not
exceed one-fifth (1/5) of the required least width of such side yard and not more
than three (3) feet in any case.
Sight Clearance: On all corner lots and lots located at the intersection of alleys and streets
in any District where front yards are required, there shall be provided sight clearance
(hereinafter referred to as sight triangular area) across such lots in the following manner:
(OR 76-11-70)
A)
On a corner lot, the sight triangular area shall be bounded by the intersecting street
lot lines and by a line connecting points on said intersecting street lot lines twenty
(20) feet distant from the intersection of said lines or their extensions. On lots at
the intersection of a street and an alley, the sight triangular area shall be bounded
by the intersecting lot lines and by a line connecting points on said intersecting lot
lines ten (10) feet distant from the intersection of said lines or their extensions.
B)
Within the sight triangular area and within the abutting street right-of-way, it shall
be unlawful to install, to set out, or maintain or to allow the installation, setting out,
or maintenance of any structure, tree, sign, hedge, shrubbery, natural growth, or any
other obstructions to the view higher than forty-two (42) inches above a plane
established by the adjacent street grades. It shall be unlawful to park any vehicles
within this sight triangular area either on private property or on the abutting street
right-of-way.
C)
The erection of fences within the sight triangular area may be permitted above
forty-two (42) inches in height above the grade plane of intersecting streets in
Industrial Districts (I-1 and I-2), and under certain conditions in Agricultural and
Commercial Districts (AG, B-1, B-2, and B-3). Fences permitted above forty-two
(42) inches in height must be constructed of material and be maintained transparent
enough to permit adequate visibility through the sight triangular area. Approval for
erecting fences over forty-two (42) inches in height will be based on a determination
of visibility and will be made by the City Traffic Engineer and enforced by the City
Manager or Designee. The City Traffic Engineer will take the following factors in
consideration in making his determination:
1.
2.
3.
4.
5.
6.
Traffic control devices installed at the intersection;
The distance buildings are set back from street pavement;
Geometries of the intersection;
Fence material;
Other unusual factors affecting traffic safety;
Use to be made of the sight triangular area.
The prohibitions listed above shall not apply to public utility poles, traffic signs, signals,
and appurtenances, nor shall they apply retroactively to existing permanent buildings, to
existing trees trimmed (to the trunk) to a line at least ten (10) feet above the grade plane
described above, nor to existing places where the contour of the ground is such that
there can be no cross visibility at the intersection. (See Figure 9.)
260
1131.60
Public Sanitary Facilities Not Available: In any "R" District where a public sanitary sewer
is not accessible, the otherwise specified lot area and frontage requirements, if less than
the following, shall be at least: lot area - twenty thousand (20,000) square feet; lot
frontage at building line - one hundred (100) feet subject to approval or increase by the
Director of Health.
1131.70
Landscaping Required: In all zoning districts, at the time that any new principal
structure is erected there shall be provided required landscaping trees located on the
subject property outside of the public right-of-way or easement area. (OR #2005-3-20)
1. Such landscaping trees shall be installed at a frequency of one tree per every 5,000
square feet of lot area and one additional tree shall be provided for every portion
thereof.
2. There shall be a minimum of two (2) landscaping trees per parcel, regardless of
minimum lot size.
3. Such landscaping trees shall be selected from the list of approved trees found in Chapter
915 of the City of Hamilton Codified Ordinances. Deciduous Trees shall have a minimum
caliper size of at least two and one-half (2-1/2”) inches conforming to acceptable
nursery industry procedures at the time of planting. Evergreen trees shall be a minimum
of six (6’) feet in height at time of planting.
4. Within single-family residential subdivisions, a minimum of one (1) such tree shall be
located within the front yard setback area, outside the public right-of-way or easement
area.
5. Any trees that are preserved on site, including in the right-of-way, that meet the
minimum size requirement above (2” at 4.5 feet above ground) may be counted
toward the required number of trees.
6. Required landscaping trees shall be installed prior to the issuance of the Final Occupancy
Permit. If weather conditions preclude tree planting or during the winter months from
November 1st through April 1st of any calendar year, the developer or homebuilder shall
deposit $250.00 per required tree with the City of Hamilton.
7. The Planning Division shall notify the developer/homebuilder or property owner at the
beginning of the planting season of the requirement to plant the necessary tree(s).
8. Upon successful installation of the tree(s) the developer/homebuilder or property
owner may request that the $250.00 per tree be returned. Such request shall be in
writing and be made no later than six calendar months after the final occupancy
certificate is issued.
9. The owner of the property shall be responsible for maintenance of all landscaping
trees and shall keep all trees in a proper, neat and orderly appearance.
10. The landscaping requirements of this Chapter may be combined with any separate
landscaping and screening requirements found under other sections of the Zoning
Code and Subdivision Regulations.
11. Failure to comply with the provisions of section shall be deemed a violation of this
zoning code and subject to penalty found in Section 1186.00 of this Zoning Code.
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1131.80 Cluster Subdivisions, Row Houses and Condominiums: (Repealed OR 96-6-61)
1131.90 Special Building Setback Lines: There is hereby established the following setback lines in
the City of Hamilton, Ohio, in the areas enumerated, and no building hereafter erected or
structurally altered shall project beyond said building setback line so established,
anything in the Zoning Ordinance to the contrary notwithstanding:
A) North Third Street: Not less than ten (10) feet east of the east line of Third Street,
from High Street to the south line of what was formerly known as Mill Street.
B) South Second Street: Not less than ten (10) feet west of the west line of Second
Street, from Court Street to Sycamore Street.
C) South "B" Street: Not less than ten (10) feet from the east line of South "B" Street,
and not less than ten (10) feet from the west line of South "B" Street south from
Main Street to the corporation line of the City of Hamilton, Ohio.
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1132.00 "PD" GENERAL PLANNED DEVELOPMENT REGULATIONS
(Amended OR2008-1-2)
1132.10 Purpose
The Planned Development (PD) provisions of this chapter are intended to provide
an alternative to standard zoning guidelines. In addition to the general purposes
listed in Chapter 1102, the Planned Development provisions are intended to:
A. Encourage superior and imaginative design and function in developments.
B. Establish an alternative procedure for the development of land in order to allow
for more efficient and economic development of property than customarily
permitted by conventional zoning and subdivision regulations.
C. Ensure orderly and thorough planning and review procedures that lead to
higher quality design and development.
D. Encourage the conservation of natural amenities of the landscape.
E. Encourage the provision of usable common open space.
F. Enable greater review of design characteristics to ensure that the development
project is properly integrated into its surroundings and is compatible with
adjacent development.
1132.20
Discretion of Planning Commission
In consideration of the aforementioned reasons, the prescribed yard and setback
requirements, height and additional restrictions contained in other Chapters of the
Zoning Ordinance may be waived or varied for Planned Developments in accordance
with 1132.43. HOWEVER, it shall be the responsibility of the Planning Commission to
determine the restrictions that shall apply to a particular Planned Development.
Further, in exercising its review authority relative to PD's, the Planning Commission
may impose provisions for buffers, open space, lighting, underground utilities, hours
of operation, parking, signage, and/or other safeguards as a part of the approval of
the Planned Development Plan. HOWEVER, for any RPD, the development must still
meet the minimum number of points required under Section 1118.170.
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1132.21
APPEALS (OR2015-2-9)
1. Any person, firm or corporation, or any officer, department, board or agency of the
municipality who or which has been aggrieved or affected by any decision of the
Planning Commission on a Planned Development may appeal such decision by filing a
written intent to appeal within five (5) days of the decision of the decision of the
Planning Commission unless the 5th day falls on a Saturday or Sunday in which case the
written intent to appeal may be filed before 5:00 pm on the next business day.
2. A complete written appeal setting forth the facts, issues and arguments shall be filed by
the Appellant within fifteen (15) calendar days of the decision of the Planning
Commission or the complete written appeal shall become void unless the 15th day falls
on a Saturday or Sunday in which case the complete written appeal may be filed before
5:00 pm on the next business day. The intent to appeal and the written appeal shall be
filed with the Clerk of Council.
3. City Council shall hold a hearing on such appeal not later than thirty (30) working days
after such appeal has been filed with the Clerk of Council. City Council, by an
affirmative vote of the majority of its members, shall decide the matter and its decision
shall be final.
1132.30 General Requirements.
PD Districts and development within PD Districts must comply with the following:
A. Minimum Area. The minimum area for consideration for Residential Planned
Development (RPD) District zoning is two (2) contiguous acres and one (1) acre for
other PD districts. The Planning Commission may consider tracts of land containing
less than the minimum provided that the Planning Commission, by a majority vote
of its membership, finds that the proposal is in compliance with the goals and
objectives of the City Comprehensive Plan.
B. Ownership. Any transfer of land within the development resulting in ownership
within the development by two or more parties shall not alter the applicability of
the regulations contained herein. A Preliminary Plan and Final Plan and
supporting material approved in accordance with these regulations shall be
binding upon the owners, their successors and assigns and shall limit and control
the issuance and validity of all building permits within the PD area.
C. Subdivision. Any proposed PD development area that includes the subdivision of
land shall also comply with the separate provisions of the City Subdivision
Regulations Chapter 1189.
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1132.40 Establishment Of Planned Development Districts
A. A PD District may be established through the submission of an application for
rezoning submitted by the owner(s) of property subject to the requirements of
this chapter. The Preliminary Plan shall accompany the application for rezoning
and be reviewed according to the procedure outlined in Section 1132.50. The
Preliminary Plan and any supporting documentation shall be adopted at the time
of rezoning.
B. Pursuant to Chapter 1180.00, the Planning Commission or City Council may
initiate a rezoning to PD, but only when substantiated by at least one of the
following criteria:
1. The property shall be under the ownership of the City of Hamilton.
2. The property is characterized by unique environmental or physical features
such as steep topography, heavy tree cover, creeks and streams, or wetlands.
3. The property is characterized as having significant locational or historic
importance.
1132.41 Types of Planned Development Districts.
A. The following are Planned Development districts:
1.
2.
3.
4.
RPD
OPD
BPD
IPD
-
Residential Planned Development
Office Planned Development
Business Planned Development
Industrial Planned Development
B. Permitted and conditional uses within each district shall be governed by the
requirements specified for each respective district listed above.
C. PD districts may be established, modified or removed from the zoning map and the
regulations applicable to any specific PD District may be established, modified or
deleted as an amendment to the City of Hamilton Zoning Ordinance.
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1132.42 General Design Standards Applicable To All RPD Districts.
A. Buffer Requirement. A buffer shall be provided along the entire perimeter of the development
in accordance with the buffer requirements found in Section 1118.191 of the Hamilton Zoning
Code. The buffer area may be counted toward any open space requirements provided it is
common open space owned by a legally established homeowners association. The buffer area
may not be subdivided and must remain under common ownership.
B. Open Space and Recreational Amenity Requirement. All RPD developments shall meet the
minimum open space and recreational amenity requirement in accordance with Section
1118.171 of the Hamilton Zoning Code. The required open space shall not include isolated or
fragmented pieces of land that serve no useful purpose. No common open space shall be put
to any use not specified in the Final PD, excepting amendments approved pursuant to
Section1132.100.
C. Construction of Amenities and Improvements and Minimum Requirements. Amenities and
improvements and minimum requirements associated with any PD shall be constructed as
part of the first phase or section of the proposed development, or as otherwise approved by
the Planning Commission as part of the PD.
D. Residential Design Standards. All single family residential buildings within the RPD shall
comply with the Residential Design Standards found in Section 1110.00 of the Zoning Code, or
as otherwise approved by the Planning Commission as part of the PD. Multi-family residential
buildings shall comply with 1110.70.B, of the Residential Design Standards.
E. Waiver or Variance of General Design Standards. The Planning Commission, by a majority
vote of its membership, in accordance with 1132.20, may waive or vary any minimum
requirements or general standards at their discretion based upon its review and findings
regarding any specific Preliminary or Final Plan subject to the criteria found in 1132.43.
F. Sidewalk Requirement. Sidewalks shall be constructed on both sides of every road or street
within an RPD being necessary to protect and ensure the safety of pedestrians. Where RPDs
are designed with interior walkways, walks shall be fully constructed to adequately serve the
area being developed.
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1132.43
Standards for Waiver or Variance of General Design Standards.
In determining whether or not to waive or vary the General Design Standards found
in any PD district, the Planning Commission shall consider and find that four (4) out
of the five (5) following criteria apply to any specific PD:
A. The proposed development is in conformance with the principles of the
City Comprehensive Plan;
B. The proposed development advances the general welfare of the city and
immediate vicinity and will not impede the normal and orderly
development and improvement of surrounding and abutting areas;
C. Adequate utilities, access roads, drainage, retention/detention facilities
are provided;
D. The proposed development design, site arrangement, and/or
anticipated benefits of the proposed development justify any deviation
from the General Design Standards found herein;
E. The proposed development design exceeds the quality of the building
and site design in the immediate area.
1132.44 Utilities
Unless waived by the Planning Commission, in any PD development, all electric
and telephone facilities, fire alarm conduits, street light wiring, and other wiring,
conduits and similar facilities shall be placed underground except in an IPD. In
an IPD, only electric lines which are equal to or less than 13KV are required to be
placed underground.
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1132.50 Review Procedure For PD Applications
1132.51 Pre-application Conference
Prior to submitting a formal rezoning application, applicants are strongly
encouraged to engage in consultation with the Department of Planning staff to
discuss the PD plan. No statement or representation by city staff is binding on
either the department or the City Planning Commission.
1132.52 Approval Process
A. Submission of application to rezone property to a PD designation along with applicable
fee. A Preliminary Plan consistent with the requirements set forth in Section 1132.55
shall accompany the Application.
B. Information shall be submitted to the Planning Department, who will in turn distribute
such information to various City Departments for review/comment.
C. The Planning Commission shall hold a Public Hearing on the application for rezoning to
PD. Notice of such hearing shall be mailed to property owners within 500 feet of the
property to be rezoned within 10 calendar days of such hearing.
D. The Planning Department shall compile information from various City Departments in
form of a recommendation to the Planning Commission.
E. The Planning Commission shall examine the Preliminary Plan and shall either approve,
approve with modifications/conditions, or denial with written reasons thereto.
F. The Planning Commission, in accordance with 1132.20, may waive any minimum
requirements or standards at their discretion based upon its review and findings
regarding any specific Preliminary Plan.
G. The Planning Commission shall then forward a written recommendation to the City
Council for consideration.
H. The City Council shall consider the application for rezoning in accordance with
provisions of Chapter 1180 of the Hamilton Zoning Ordinance and the City Charter.
I.
If approved by the City Council the Official Zoning Map shall be changed to reflect the
new zoning of the property.
J.
The applicant shall then submit a Final Plan to the Planning Department within 12
calendar months of approval of the effective date of the rezoning.
K. Approval of the Preliminary Plan shall lapse one (1) year from its date of approval
unless a Final Development Plan is submitted. The property shall maintain its specific
PD zoning designation.
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L. Submission of application for Final Plan approval along with applicable fee. A Final
Plan consistent with the requirements set forth in Section 1132.56 shall accompany the
Application.
M. Information shall be submitted to the Planning Department, who will in turn distribute
such information to various City Departments for review/comment.
N. The Planning Commission shall hold a Public Hearing on the Final Plan. Notice of such
hearing shall be mailed to property owners within 500 feet of the subject property
within 10 calendar days of such hearing.
O. The Planning Department shall compile information from various City Departments in
form of a recommendation to the Planning Commission.
P. The Planning Commission shall examine the Final Plan and shall either approve,
approve with modifications/conditions, or denial with written reasons thereto.
Q. The Planning Commission, in accordance with Section 1132.20, may waive any
minimum requirements or standards at their discretion based upon its review and
findings regarding any specific Final Plan.
R. If approved by the Planning Commission, the Secretary of the Planning Commission
shall endorse the approved Final Plan. No zoning or building permits shall be issued
except in conformance with the approved Final Plan, excepting approved modifications
approved pursuant to Section 1132.100.
1132.53 Review Procedure for Land Already Zoned PD District
Land that already has a PD zoning designation shall follow the same approval
process as listed above in Section 1132.52 excluding steps G through I.
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1132.54 Submission Requirements
1132.55 Preliminary Plan
The applicant shall submit ten (10) copies of the Preliminary Plan and one 11X17 reduction
together with the applicable fee and any other additional information required by the
application packet. The Preliminary Plan of the proposed development shall be prepared by a
registered professional engineer or surveyor authorized to practice under the laws of the State
of Ohio.
The Preliminary Plan shall include the following:
A. A vicinity sketch at a scale of four hundred (400) feet or more to the inch shall be drawn
on or shall accompany the Preliminary Plan. This shall show all existing developments
and the street and tract lines or acreage parcels of land, together with the names of record
owners of such parcels immediately adjoining the proposed subdivision and between it
and the nearest existing highways or thoroughfares. It shall also show the streets and
alleys in neighboring subdivisions or un-platted property to produce the most
advantageous development of the entire area.
B. The horizontal scale of the Preliminary Plan shall be one hundred (100) feet or less to the
inch, and the vertical scale of street and sewer profiles twenty (20) feet or less to the inch,
if required.
C. The Preliminary Plan shall clearly show the following features and information:
1. The proposed name of the development.
2. The tract designation according to real estate records of the Recorder of Butler County.
3. The names and addresses of the owner of record, the developer and the engineer or
surveyor.
4. The names of adjacent subdivisions and the names of record owners of adjacent
parcels of un-platted land.
5. The boundary lines, accurate in scale, of the tract to be subdivided.
6. The location, widths and names of all existing or platted streets or other public ways
within or adjacent to the tract, and other important features such as existing
permanent buildings, large trees (size), water courses, railroads, corporation lines,
township lines, pipe lines, high tension lines, section lines, etc.
7. Existing sewers, water mains, culverts and other underground structures within the
tract and immediately adjacent thereto with pipe sizes and grades indicated.
8. Benchmark and contours, normally with intervals of two (2) feet referenced to U.S.G.S.
Datum, or as required by the Planning Commission.
9. The layout, proposed names and widths of proposed streets, alleys and easements; the
layout, numbers and approximate dimensions of proposed lots.
10. Existing zoning boundary lines, proposed uses of property and proposed set-back lines,
open space requirements, and perimeter setbacks.
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11. Calculations of net and gross density and required open space areas.
12. All parcels of land intended to be dedicated or temporarily reserved for public use, or
to be reserved in the deeds for the common use of property owners in the subdivision,
with the purpose, condition or limitations of such reservation indicated.
13. Preliminary Project Phasing Map and Time Schedule of projected development, if the
total site is to be developed in phases or sections.
14. The total acreage of the project and acreage of each phase or section.
15. North arrow, scale and date.
D. Copies of any proposed private restrictions to be included in the deeds should be
attached to the Preliminary Plan.
E. A preliminary landscaping plan on a separate sheet that shows existing wooded areas
to be maintained as open space and the method of protecting existing landscaping
material during construction. The landscaping plan will also include all areas proposed
to be landscaped, including a plant list with common names, scientific names,
quantities, and sizes of proposed landscaping.
F. Preliminary elevations of all facades of proposed buildings and structures, at an
appropriate scale for representation. Such elevations shall detail the heights of
buildings and structures, roofs and overhangs, exterior construction materials.
G. A preliminary storm drainage plan on a separate sheet that provides adequate,
complete and satisfactory drainage for the entire area being platted for all projected
land uses. The storm drainage study and plan information submitted shall include
watershed areas, overall design calculations and boundaries, contours at two (2) foot
intervals or less and the location and size of all existing and the location of proposed
storm sewers, underdrains, inlets, culverts, bridges, creeks, open ditches, swales,
existing watercourses to be relocated or abandoned, drainage outlets and their
adequacy, and other pertinent drainage facilities. The information submitted shall
include adjacent areas, when deemed necessary for design and review purposes.
H. All normal title and identifying information shall be shown on the plan along with a
statement by the engineer or surveyor certifying that the plan submitted provides
adequate and complete storm drainage service for the parts of the entire area being
platted and comments on the impact, if any, that the proposed development will have
on drainage of adjacent areas. Arrows shall be used to indicate the direction of flow of
all drainage.
I.
A list of surrounding property owners within 500 feet of the plan area including tax
mailing address on record with the Butler County Auditor at the time of submission.
The applicant is responsible for accuracy of information.
J.
If requested by the City Engineer or the Planning Commission, a Traffic Study shall be
required.
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1132.56 Final Plan
The applicant shall submit ten (10) copies of the Final Plan and one 11X17 reduction together
with the applicable fee and any other additional information required by the application packet.
The Final Plan of the proposed development shall be prepared by a registered professional
engineer or surveyor authorized to practice under the laws of the State of Ohio.
The Final Plan shall include the following:
A. A vicinity sketch at a scale of four hundred (400) feet or more to the inch shall be drawn
on or shall accompany the Final Plan. This shall show all existing developments and the
street and tract lines or acreage parcels of land, together with the names of record
owners of such parcels immediately adjoining the proposed subdivision and between it
and the nearest existing highways or thoroughfares. It shall also show the streets and
alleys in neighboring subdivisions or un-platted property to produce the most
advantageous development of the entire area.
B. The horizontal scale of the Final Plan shall be one hundred (100) feet or less to the inch,
and the vertical scale of street and sewer profiles twenty (20) feet or less to the inch, if
required.
C. The Final Plan shall clearly show the following features and information:
1. The name of the development
2. The tract designation according to real estate records of the Recorder of Butler County.
3. The names and addresses of the owner of record, the developer and the engineer or
surveyor.
4. The names of adjacent subdivisions and the names of record owners of adjacent
parcels of un-platted land.
5. The boundary lines, accurate in scale, of the tract to be subdivided.
6. The location, widths and names of all existing or platted streets or other public ways
within or adjacent to the tract, and other important features such as existing
permanent buildings, large trees (size), water courses, railroads, corporation lines,
township lines, pipe lines, high tension lines, section lines, etc.
7. Existing sewers, water mains, culverts and other underground structures within the
tract and immediately adjacent thereto with pipe sizes and grades indicated.
8. Benchmark and contours, normally with intervals of two (2) feet referenced to U.S.G.S.
Datum, or as required by the Planning Commission.
9. The layout, proposed names and widths of proposed streets alleys and easements; the
layout, numbers and approximate dimensions of proposed lots.
10. Existing zoning boundary lines, proposed building pads, set-back lines, open space
requirements, and perimeter setbacks.
11. Calculations of net and gross density and required open space areas.
12. All parcels of land intended to be dedicated or temporarily reserved for public use, or
to be reserved in the deeds for the common use of property owners in the subdivision,
with the purpose, condition or limitations of such reservation indicated.
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13. Final Project Phasing Map and Time Schedule of projected development, if the total site
is to be developed in phases or sections.
14. The total acreage of the project and acreage of each phase or section.
15. North arrow, scale and date.
16. Copies of any private restrictions to be included in the deeds should be attached to the
Final Plan.
D. Proposed homeowners association documents or the like and accompanying
regulations to implement the requirements of ownership and continued maintenance
of common open space and drainage facilities.
E. A final landscaping plan on a separate sheet that shows existing wooded areas to be
maintained as open space and the method of protecting existing landscaping material
during construction. The landscaping plan will also include all areas proposed to be
landscaped, including a plant list with common names, scientific names, quantities,
and sizes of proposed landscaping.
F. Final elevations of all facades of proposed buildings and structures, at an appropriate
scale for representation. Such elevations shall detail the heights of buildings and
structures, roofs and overhangs, exterior construction materials and color scheme.
G. A final storm drainage plan on a separate sheet that provides adequate, complete and
satisfactory drainage for the entire area being platted for all projected land uses. The
storm drainage study and plan information submitted shall include watershed areas,
overall design calculations and boundaries, contours at two (2) foot intervals or less
and the location and size of all existing and the location of proposed storm sewers,
underdrains, inlets, culverts, bridges, creeks, open ditches, swales, existing
watercourses to be relocated or abandoned, drainage outlets and their adequacy, and
other pertinent drainage facilities. The information submitted shall include adjacent
areas, when deemed necessary for design and review purposes.
H. All normal title and identifying information shall be shown on the plan along with a
statement by the engineer or surveyor certifying that the plan submitted provides
adequate and complete storm drainage service for the parts of the entire area being
platted and comments on the impact, if any, that the proposed development will have
on drainage of adjacent areas. Arrows shall be used to indicate the direction of flow of
all drainage.
I.
A list of surrounding property owners within 500 feet of the plan area including tax
mailing address on record with the Butler County Auditor. The applicant is
responsible for accuracy of information.
J.
If requested by the City Engineer or the Planning Commission, a Traffic Study shall be
required.
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1132.60 Compliance With Approved Final Plan
1132.61 Open Space and Recreational Amenities Maintenance
Open Space and Recreational Amenities shall be set aside as required in Section
1118.171 for the use of residents and users of the property subject to the Final RPD.
A homeowners’ association, condominium association, or in case of nonresidential
development, an owners association or similar legal entity shall be created to ensure
that continued maintenance, upkeep and control of such areas, including the
required open space, private streets, storm water drainage facilities, and access
drives. The applicant shall provide the City with copies of the Declaration, Articles of
Incorporation and Code of Regulations for review. No Final PD shall be approved
without approval by the City Law Department that a proposed homeowners
association or the like and accompanying regulations are appropriate to implement
the requirements of ownership and continued maintenance of facilities pursuant to
the approved Final PD.
1132.62 Maintenance and Guarantee
The developer of the PD shall protect, maintain, replace, water, and treat the
vegetation identified in the final landscaping plan, and maintain, repair, or replace
any structures located within the open space areas until such time that these
responsibilities are fully undertaken by future property owner, Homeowners or
Property Owners Association.
1132.63 Expiration
In the event that a Final Plat for any phase or section of an approved Final PD is not
recorded within 24 months of the approval date of the Final PD, the Final PD shall
become null and void for the remaining undeveloped property where a Final Plat has
not been submitted. The undeveloped property will maintain the specific PD zoning
designation. If the Final PD is approved to be developed in phases or sections, final
plats for each subsequent phase or section shall be filed within 24 months of the
approval of the final plat for the immediately previous phase or section.
The Planning Commission may extend the approval of a Final PD, subject to a
written request by the property owner or agent, for a period not to exceed twelve
(12) consecutive months. In order to be eligible for consideration for an extension
by the Planning Commission, such written request for an extension shall be filed
with the Planning Department not less than 30 days prior to the expiration date of
the approved Final PD.
1132.64 Phased Developments
For any PD that is to be implemented in phases, each phase shall have adequate
provision for access, parking, storm water management, utilities, and other
necessary public improvements to serve the development. Each phase shall be
capable of standing by itself, in the sequence of development proposed.
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1132.65 Noncompliance
The applicant, their successors and assigns shall be bound by the approved Final PD.
Any violation of an approved Final PD shall be deemed a violation of this zoning code
and subject to penalty found in Section 1186.00 of this Zoning Code.
1132.70 Parking.
Parking shall comply with the standards found in Chapter 1137.00 (Off-Street
Parking and Loading Regulations), or as otherwise approved by the Planning
Commission as part of the PD.
1132.80 Signage
Signage shall comply with the design standards found in Chapter 1138.00 (Signs), or
as otherwise approved by the Planning Commission as part of the PD.
1132.90 Illumination
The light projected from any light fixture installed within a PD shall be shaded,
shielded, or directed so as to not adversely impact abutting properties.
1132.100 Final Development Plan Amendments
Final PDs may be amended as follows:
A. Major Changes. Changes that alter the intent of the Final PD, including increases or
decreases in area, increases in density, changes in the location of amount of nonresidential land use, reductions of proposed open space, significant redesign of
roadways, drainage, and housing type and distribution, shall be approved after
review and approval by the Planning Commission. Major changes shall follow the
procedure for review and approval found in Section 1132.42, as applicable.
B. Moderate Changes. The Planning Director, after consultation with the City
Engineer, may authorize structural dimensional changes such as lot lines provided
that they do not increase density, changes in building heights by not more than ten
(10) feet, and changes in building setbacks by not more than fifteen (15) feet,
provided the perimeter setbacks, yards and buffers remain in compliance.
Moderate changes do not require a Public Hearing or Planning Commission review
and approval.
C. Minor Changes. The Planning Director, after consultation with the City Engineer, may
authorize minor adjustments in the final development plan that become necessary
because of field conditions, detailed engineering data, topography or critical design
criteria. The Planning Director, after consultation with the City Engineer, may
approve these minor adjustments to revise size and location of drainage ways,
sewers, roadways, retaining walls or similar features and to substitute landscape
materials in light of technical or engineering considerations. Minor changes do not
require a Public Hearing or Planning Commission review and approval.
Nothing in this section shall preclude any property owner to carry out routine
maintenance and repair of facilities located within an approved Final PD, provided that
such maintenance and repair do not violate the approved Final PD.
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1136.00
MOBILE HOMES AND MOBILE HOME PARKS
1136.10 Purpose: It is the purpose of this regulation to permit the development of mobile
home parks in a manner that will promote and improve the general health, safety,
convenience and welfare of the citizens by minimizing any adverse effects of such
development.
1136.20 General Requirements: The sanitary regulations prescribed by the authority
having jurisdiction, the regulations of the Building Code and as may be otherwise
required by law - shall be complied with, in addition to the following regulations:
1136.21 Mobile Homes and Mobile Homes Parks-Permitted: Residence Districts "R-3", "R-4"
and "R-0".
1136.22 Area and Yard Requirements: Mobile homes or trailer parks shall comply with all
area and yard requirements prescribed for such uses in the District in which located
and as modified in Section 1132.00.
1136.23 Lot Area Occupancy: The buildings, cabins and trailers in any mobile home park together with any non-accessory buildings already on the lot - shall not occupy in
the aggregate more than twenty-five (25) percent of the area of the lot.
1136.24 Parking: All areas used for automobile access and parking shall comply with the
applicable provisions of this Ordinance.
1136.25 Landscaping - Unused Areas: All areas not used for access, parking, circulation,
buildings and service shall be completely and permanently landscaped and the
entire site maintained in good condition. A landscaped strip of land not less than ten
(10) feet in width, shall be established and maintained within the mobile home park
along its exterior boundaries. This strip shall be developed with mature trees and
evergreens.
1136.30 Enlargement - Permit: Any enlargement or extension to any existing trailer park or
mobile home park shall require application to the City Manager or Designee for a
permit as if it were a new establishment.
1136.31 Enlargement - Existing Facilities to Comply: No enlargements or extensions to any
mobile home or trailer park shall be permitted unless the existing facility is made to
conform substantially with all the requirements for new construction for such an
establishment.
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1136.40 Trailers Prohibited - Exceptions: Except as provided in Section 1136.41 below, no
person shall park or occupy any mobile home or trailer on any premises in any District
outside an approved mobile home park. The parking of an unoccupied trailer in an
accessory private garage building, or in the rear of a building shall be permitted in any
District, provided there shall be no occupancy thereof, or any business conducted in
such trailer while so parked or stored. An unoccupied trailer may be parked in a side
yard if the equipment is parked at least three (3) feet behind the front house line of
the property.
1136.41 Emergency Parking - Twenty-Four Hours: Emergency or temporary stopping or
parking of a mobile home or trailer shall be permitted on any street, alley or
highway for not longer than twenty-four (24) hours, subject to any other and further
prohibitions, regulations, or limitations imposed by the traffic and parking
regulations or Ordinances for such street, alley or highway.
1136.42 Mobile Homes Not to Become Permanent: In any District, the wheels or any similar
transporting devices of any mobile home, trailer or camp car shall not be removed
except for repairs, nor shall any mobile home, trailer or camp car be otherwise
permanently fixed to the ground in a manner that would prevent removal of said
trailer, camp car or mobile home.
1136.50 Mobile Home Park - Submission Of Plans: An application for the establishment of a
mobile home park shall be filed with the City Manager or Designee. Said application
will be processed as a Planned Unit Development project as outlined in Section
1132.00. The application must be accompanied by a plat drawn to scale and certified
by a registered land surveyor, civil engineer or architect. Such drawing shall contain
the following information:
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A)
Accurate dimensions of the proposed mobile home or trailer park.
B)
All roads and approaches and the method of ingress and egress from public highways.
C)
The complete location of any natural gas facilities to serve the park.
D)
The complete electric service installation, wire service outlets and lighting facilities.
E)
A complete layout showing the location of all mobile home spaces and the number of
square feet therein, together with the dimensions thereof.
F)
The location of electric power or gas distribution systems, water mains or wells for
water supply outlets for domestic water users, location of sanitary facilities,
washrooms, garbage disposal units, incinerators, sanitary sewers or septic tanks,
sewer drain lines leeching beds, fire protection stalls, and other buildings or
structures contemplated to be used by such applicant in connection with said
business.
G)
A landscaping and recreation development plan for the total mobile home park.
H)
Such additional information as needed for the City to study the proposal in their
deliberations.
1136.60 Mobile Home Parks - Requirements: Mobile home parks shall be designed and
maintained in accordance with the following requirements:
1136.61 Park Area: The minimum mobile home park area shall be ten (10) acres.
1136.62 Access: Each park shall abut upon a public street and each mobile home space shall
have direct access to a private hard surface road.
1136.63 Interior Streets: The minimum roadway width of interior one-way streets with
parking permitted on one side shall be twenty-one (21) feet. The minimum roadway
width of two-way streets with parking permitted on one side shall be thirty (30) feet.
The minimum width of two-way streets electric power or gas distribution systems,
water mains or wells for water supply outlets for domestic water users, location of
sanitary facilities, washrooms, garbage disposal units, incinerators, sanitary sewers
or septic tanks, sewer drain lines, leeching beds, fire protection stalls, and other
buildings or structures contemplated to be used by such applicant in connection with
said business.
1136.64 Walkways: Walkways of not less than three (3) feet in width shall be provided from
each mobile home space to the service buildings and recreational area or areas, and
from the mobile home to the access way. The access way may be considered as part of
the walkway to the service building.
1136.65 Laundry Facilities: Adequate and properly equipped laundry facilities shall be
provided for the use of the residents of the mobile home park.
1136.66 Utilities: Each mobile home space shall be equipped with one electric service. A
municipal sanitary sewer and municipal water system shall be installed in accordance
with City specifications: Each park shall abut upon a public street and each mobile
home space shall have direct access to a private hard surface road.
1136.67 Recreation Areas: There shall be provided within each mobile home or trailer park an
adequate site or sites for recreation for the exclusive use of the park occupants. Such
recreation site or sites shall have a minimum area in the aggregate of two hundred
(200) square feet for each mobile home space in said park. The recreation site shall
be of appropriate design and provided with appropriate equipment.
1136.68 Length of Occupancy: No mobile home or trailer shall remain in a mobile home or
trailer park for a period exceeding fifteen (15) days without connection to the
permanent sanitary sewer system of the park.
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1136.70 Mobile Home Space-Requirements: Mobile home spaces within mobile home parks
shall be designed and maintained in accordance with the following requirements:
1136.71 Lot Area: The average lot area of a mobile home space in a mobile home park shall
not be less than four thousand five hundred (4,500) square feet, and no space shall
have a lot area of less than three thousand (3000) square feet.
1136.72 Lot Width: No mobile home space shall have a width of less than thirty-five (35) feet.
Each mobile home space shall be clearly defined by a permanent marker in the
ground.
1136.73 Distance Between Mobile Homes: The minimum distance between neighboring
trailers or mobile homes shall be not less than twenty (20) feet.
1136.74 Concrete Slab: Each mobile home space shall be equipped with a concrete slab of
sufficient size to support the wheels and the front parking jack. Said slab shall have a
minimum horizontal dimension of ten by fifty (10 x 50) feet and a minimum
thickness of four (4) inches.
1136.75 Parking Requirements: There shall be at least one vehicle parking space at least
eight by twenty (8 x 20) feet in size for each mobile home space, located within the
mobile home space, and with clear and unobstructed access to an access way, not
being a public street. Any parking in the access way shall not fulfill this requirement.
Guest parking shall be provided on the mobile home park site at the rate of one (1)
vehicle parking space for each four (4) mobile home spaces.
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1137.00
OFF STREET PARKING AND LOADING REGULATIONS
1137.10 Purpose: It is the purpose of the Off Street Parking and Loading Regulations to
reduce the congestion on streets due to excessive use for parking and loading of
motor vehicles. Within the boundaries of any form-based zone district listed in
section 1129.00, the provisions of this section 1137.00 shall apply unless the
provisions 1129.00 do not permit off-street parking or loading spaces in the
amounts or locations required by this section. The regulations in this section
1137.00 shall not be interpreted to require or allow the construction or installation
of parking in any amounts or locations required to be occupied by a primary
structure or other building or site feature under section 1129.00. (OR2013-2-22)
1137.20 Off Street Parking Space
1137.21
General:
1137.21.1
When Required: When any building or structure is erected, enlarged, or its
use changed, off-street parking spaces for automobiles shall be provided in
accordance with the requirements specified below. (OR 85-1-6)
1137.21.2
Minimum Size: Each off-street parking space shall contain an area of not less
than 9-ft wide X 18-ft. long exclusive of access drives or aisles.
1137.21.3
Access: There shall be provided a minimum access drive of eight (8) feet in
width.
1137.21.4
Type: Parking spaces for all types of uses may be provided either in garages
or parking areas conforming to the provisions of this Ordinance, except as
specified in Section 1137.28(A) 1. Structures of any type shall conform to the
setback requirements of the zoning district in which they are located.
1137.21.5
Driveways: A driveway or parking space may count as both of the Off Street
parking spaces required in Section 1137.28(A), provided, however, if such
driveway or parking space is located within a required front yard then such
driveway or parking space shall not exceed twenty-four (24) feet in width.
1137.22
Location of Parking Facilities: Except as otherwise provided, required Off Street
parking facilities shall be located on the same lot as the principal building or on a
lot within one hundred (100) feet for residential uses and for non-residential
uses, within five hundred (500) feet thereof. The distance specified herein shall
be measured from the nearest point of the parking facility to the nearest point of
the lot occupied by the building or use that such facility is required to serve.
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1137.23
Units of Measurement: For the purposes of determining OFF STREET parking
requirements, the following units of measurement shall apply:
1137.23.1
Floor Area: In the case of uses where floor area is the unit for determining
the required number of OFF STREET parking spaces, said unit shall mean
the floor area used or intended to be used by occupants or for service to the
public as patrons, patients, visitors, residents or persons in attendance,
including displays and equipment, but, excluding the area used principally
for, non-public purposes, such as storage and incidental repairs, for toilets
or restrooms and for utility rooms.
1137.23.2
Hospital Bassinets: In hospitals, bassinets shall not be counted as beds.
1137.23.3
Places of Public Assembly:
Benches: In stadiums, sports arenas, churches and other places of public
assembly, in which those in attendance occupy benches, pews or other
similar seating facilities, each twenty-four (24) inches of such seating
facilities shall be counted as one (1) seat for the purpose of determining Off
Street parking requirements under this Ordinance.
Fixed Seats and Assembly Area: In cases where a place of assembly has
both fixed seats and open assembly area, requirements shall be computed
separately for each type and added together.
1137.23.4
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Fractions: When units of measurement determining number of required
parking spaces result in requirements of a fractional space, any fraction up
to and including one-half (½) shall be disregarded and fractions over onehalf (½) shall require one (1) parking space.
1137.24
Change In Use, Additions and Enlargements: Whenever any change in use,
enlargement of building or extension of land use results in an increase in the
number of units used to measure required Off Street parking spaces, and such
alteration or change creates a need for an increase of more than five (5) spaces
in the number of required Off Street parking spaces, additional Off Street
parking shall be provided on the basis of the increase in the number of such
units of measurement.
1137.25
Mixed Occupancies and Uses Not Specified: In the case of mixed uses, the total
requirements for Off Street parking facilities shall be the sum of the
requirements for the various uses computed separately. Where a use is not
specifically mentioned, the requirements for a use, which is so, mentioned, and
to which said use is similar, shall apply.
1137.26
Collective Provision: Nothing in this Section shall be constructed to prevent
provision of collective Off Street parking facilities for two (2) or more buildings
or uses, exclusive of facilities required for dwelling units. In cases of collective
use, the required total of such Off Street parking space supplied collectively shall
be (a) not less than sixty percent (60%) of the sum of the requirements of the
various uses computed separately and (b) not less than the largest amount
required for any of the uses computed separately, provided further that the
applicable District use regulations shall be complied with.
1137.27
A) Off-street parking shall be provided as specified in Section 1137.00 with
credit being given for up to fifty (50) percent of the total required spaces where
such credited space is available through public parking lots and parking garages
within a distance of five hundred (500) feet of the building setback line of said
commercial or business use.
Where metered on-street parking is located within three hundred (300) feet of a
commercial or business use the total off-street parking requirements for that
business as specified in Section 1137.00 shall be reduced by fifty (50) percent.
Whenever public parking garages or public parking lots are located within five
hundred (500) feet of a commercial or business use and on-street metered
parking is also located within three hundred (300) feet of the same use, all
parking requirements as specified by Section 1137.00 may be waived by the
Planning Director.
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1137.28 Parking Spaces Required: The number of Off Street parking spaces required shall
be no less than as set forth in the following:
A) RESIDENTIAL TYPES (OR 77-4-35)
USE
1. Dwelling, Single Family
2. Dwellings, Two-Family or
Multi- Family
3. Hotels, Motels, Rooming Houses
or Bed and Breakfasts (OR93-326)
NUMBER OF PARKING SPACES REQUIRED
Two (2) for EACH Dwelling Unit on a Single Lot. A
Driveway or Parking Space may count as both of
the two (2) required OFF STREET parking spaces,
provided, however, if such driveway or parking
space is located within a required Front Yard then
such driveway or parking space shall not exceed
twenty –four (24) feet in width.
One and One-Half (1 ½) for EACH Dwelling Unit
One (1) for EACH Guest Room
B) INSTITUTIONAL TYPES (Amended OR 2014-5-34) (Amended OR 2014-9-90)
USE
NUMBER OF PARKING SPACES REQUIRED
1. Hospitals, Schools of Nursing
and Dormitories
2. Churches, Clubs, and Lodges
Two (2) for each 3 Beds
3. Libraries, Museums, Art Galleries
One (1) for each 500 Square Feet of Gross
Floor Area
One (1) for each 4 Beds
4. Nursing Homes
5. Elementary Schools
6. Vocational and Technical Schools High
Schools, Colleges {See also (C)(8)(AA)
below}
7. Funeral Homes
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One (1) for each 6 Seats in the Principal
Auditorium
One (1) for each 6 Auditorium seats,
OR Two (2) for each Classroom,
whichever is the Greater
One (1) for each 5 Classroom Seats
One for each 30 sq feet of usable visitation
and funeral service area plus 1 per each
employee on largest shift plus 1 per each
funeral vehicle.
C) COMMERCIAL TYPES
USE
1. Retail Establishments, (except as
otherwise specified herein)
2. Barber and Beauty Shops
3. Bowling Alleys
4. Retail Stores Handling Bulky
Merchandise, Household Furniture, and
Appliances
5. Office Buildings, Business and
Professional Offices
6. Medical and Dental Offices and Clinics
NUMBER OF PARKING SPACES REQUIRED
One (1) for each 500 Square Feet of First
20,000 Square Feet of Gross Floor Area and
One (1) for each 1000 Square Feet of Gross
Floor Area OVER the first 20,000 Square Feet
Three for each stylist/barber station or chair.
Five (5) for each Bowling Lane
One (1) for each 1000 Square Feet of Gross
Floor Area
One (1) for each 500 Square Feet of Gross
Floor Area
One (1) for each Examining Room Plus Two
(2) for every 3 Staff Members
7. Establishments or Enterprises of a
Recreational or Entertainment Nature
(AA) Spectator Type - e.g. Auditoriums,
Theaters, Stadiums, Assembly Halls,
Places of Public Assembly
One (1) for each 6 Seats
(BB) Participating Type - e.g. Skating
Rinks, Dance Halls
One (1) for each 100 Square Feet of Gross
Floor Area
(CC) Establishments for the Sale and
Consumption ON THE PREMISES of
Food and Beverages
One (1) for each 150 Square Feet of Gross
Floor Area
8. Mini-Warehouses (OR 2000-1-2)
Four (4) parking spaces adjacent to the
manager’s office.
285
D) INDUSTRIAL TYPES
USE
1. Except as specifically mentioned
herein - Industrial Uses Listed as
Permitted in the "I" Districts: ("I-1", "I2") (OR 96-12-134)
2. Wholesale and Storage Operations
3. Machinery or Equipment Sales,
Automobile Agencies, Service Garages
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NUMBER OF PARKING SPACES
REQUIRED
One (1) for every 3 employees on the
Maximum Shift
One (1) for each 20,000 Square Feet of
Gross Floor Area
One (1) for each 500 Square Feet of
Gross Showroom Floor Area.
1137.29
Reduction of Parking: The parking requirement for any commercial/business
use may be reduced by two spaces if bicycle-parking racks are installed.
1137.30
Parking Requirements for Uses Not Specified: The parking space
requirements for buildings and uses not set forth herein shall be determined
by the designated City Official, and such determination shall be based upon
the requirements for the most comparable building or use specified herein.
The decision of the designated City Official may be appealed to the Board of
Zoning Appeals.
1137.31
Development And Maintenance Of Parking Areas: Every parcel of land
hereinafter used as a public or private parking area shall be developed and
maintained in accordance with the following requirements:
1137.32
Screening: Off-street parking areas for more than ten (10) vehicles shall be
effectively screened by a wall or screen fence on each side which adjoins or
faces and is within ten (10) feet of any lot situated in any residence District
unless said lot is developed with a non-residential use or a residential use
requiring or having off-street parking facilities for ten (10) or more vehicles.
Such wall screen fence shall be not less than three (3) feet or more than six
(6) feet in height and shall be maintained in good condition.
1137.33
Surfacing: Any off-street parking area whether for residential, business or
commercial use and access drives thereto shall be surfaced with an asphaltic,
concrete, cement binder, or approved pervious paving products so as to
provide a dustless surface, and shall be graded and drained per the Director
of Public Works approval. (OR 2015-10-83)
1137.34
Lighting: Any lighting used to illuminate any off-street parking area shall be
arranged so as to reflect light away from adjoining premises in any
Residence District.
1137.35
Reservoir Storage: Commercial parking garages and lots shall be designed to
provide reservoir space of at least two (2) spaces but not less than two
percent (2%) of its capacity for automobiles awaiting parking
accommodations.
1137.36
Vacant Property: Vacant business lots not approved as a principal use as a
commercial parking lot will have appropriate gates, cable fence or concrete
barrier erected around the perimeter of the lot to prevent vehicle access to
the lot.
1137.37
Landscaping and Buffering: Surface parking lots will have a minimum
frontyard setback of 10-ft. which will be landscaped with screening material
as listed in Section 1111.00. Parking Blocks or curbs will be installed to
prevent vehicles from encroaching into landscaping, public or private
pedestrian walkways or across lot lines.
For every four rows of parking spaces a five ft. wide landscaped area shall be
provided the length of the parking row. This landscaping “island shall be
protected by raised curb or curb blocks to prevent any vehicle from
encroaching into the landscaped area.
New adjoining lots (regardless of ownership) used for parking shall be
separated by a 30-inch wide landscaped area next to the property line. This
landscaping “island shall be protected by raised curb and curb blocks to
prevent any vehicle from encroaching into the landscaped area.
287
1137.38
Parking in Form-Based Zone Districts
Off-Street Parking within the MS-1, MS-2, MS-3, DT-1, DT-2, DT-3, UCP-1 & UCP-2
Zoning Districts (Amended OR 2014-5-34)
A)
B)
288
For any permitted or conditional land use within the MS-1, MS-2, MS-3,
DT-3 & UCP-1 zoning districts the required amount of off-street parking
may be reduced by up to one-hundred (100%) percent by the Department
of Community Development, or designee in consultation with the Public
Works Department/City Traffic Engineer and taking into consideration
parking factors to include, but not limited to:
1.
Availability of on-street parking;
2.
Pedestrian traffic and accessibility;
3.
Availability of transit service;
4.
Availability of public parking;
5.
Elimination of arterial curb cuts;
6.
Hours of operation;
7.
Availability of shared parking through written agreement; and/or
8.
Mixed uses
9.
Availability of Auto Sharing Services
Shared parking: When two or more land uses, whether in the same lot or
building structure, or on sites within 500 feet from each other have
distinctly different hours of operation, such uses may qualify for a “shared
parking credit” if there is a written agreement between the property
owners that clearly agree to share parking and that states the terms of any
joint maintenance, access and hours of use.
1137.40
OFF-STREET LOADING SPACE
1137.41
When Required: In connection with every building or part thereof, hereafter
erected, except dwellings, there shall be provided on the same lot with such
building, in any District, and having a gross floor area of ten thousand (10,000)
square feet or more, which is to be occupied by manufacturing, storage,
warehouse, goods, display, retail store, wholesale store, hotel, hospital, mortuary,
laundry, dry-cleaning, other uses similarly requiring receipt or distribution by
vehicles of materials or merchandise, there shall be provided and maintained at
least one (1) off-street loading space plus one (1) additional such loading space
for each twenty thousand (20,000) square feet or major fraction thereof of gross
floor area so used in excess of twenty thousand (20,000) square feet.
1137.42
Dimensions: Each off-street loading space shall be not less than ten (10) feet in
width, forty-five (45) feet in length and fourteen (14) feet in height, unless
waived by the City Manager or Designee for just reason.
1137.43
Mixed Occupancies and Uses Not Specified: In the case of mixed uses, the total
requirements for off-street loading facilities shall be the sum of the various uses
computed separately. Where a use is not specifically mentioned, the
requirements for a use so mentioned, and to which said use is similar, shall apply.
Off-street loading facilities for one (1) use can not be considered as providing
requirements for any other use, except as hereinafter specified for collective use.
1137.44
Collective Use: Nothing in this Section shall be construed to prevent provisions of
off-street loading facilities for two (2) or more buildings or uses, provided that
the total of such off-street loading spaces shall not be less than seventy-five
percent (75%) of the sum of the requirements for the various uses computed
separately.
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1138.00 SIGNS (OR2016-8-68)
1138.10 Purpose And Scope: The purpose and scope of this section is to:
A)
Foster a positive business atmosphere by permitting every business to efficiently
and effectively communicate with the public through sound signing practices
without subjecting adjacent businesses, property owners, or the community to
excessive, conflicting, and confusing sign displays,
B)
Promote aesthetically pleasing signage that is compatible with surrounding land use
and consistent with the goals of the Hamilton community as expressed in its
comprehensive plan;
C)
Promote the public health, safety, and general welfare of Hamilton citizens and visitors
by reducing hazards to motorists and pedestrians and protecting property values;
D)
Provide for consistent and fair application and enforcement of the regulations pertaining
to signs without regard to content.
1138.20 Temporary Signs
1138.21 Non-Residential Uses in All Zoning Districts – One (1) temporary sign larger than eight (8) square
feet but no larger than thirty-two (32) square feet and may be erected for a total of ninety (90)
days per lot per calendar year. The temporary sign shall not be illuminated and must be
maintained in good repair without holes, properly secured against wind loads, setback a
minimum of twenty-five (25) feet from any other temporary sign on the same property, and
outside the required five (5) foot setback to any property line. Must be located outside of sight
distance triangle in accordance with Section 1131.50 of the City of Hamilton Zoning Ordinance.
1138.22 Temporary Sign Registration Requirements: All Temporary Signs as defined in Section 1108.00
and described in Section 1138.21 must be registered with the City of Hamilton Community
Development Department.
291
1138.30 Exempt Signs: The following signs are not a part of the total signage allotted for a particular use
on any property in the City of Hamilton but must comply with other provisions in this section
including those relating to construction, maintenance, illumination, safety, area, height,
setbacks, number, and other noted requirements. Exempt signs may be free-standing or
attached to the principal structure but shall not be attached to any accessory structures i.e.
fences, light poles, benches or other permitted signs. (REVISED OR2016-8-68)
292
A)
Building Markers, Historic Site or Dedication Sign no larger than 6 square feet in area.
B)
Directional signs not exceeding 6 square feet in area, or 4 feet in height. Such signs
may contain business identification not to exceed 25% of the sign area, but shall not
contain advertising for any service or product.
C)
Free expression/political signs, which express an opinion or promote a candidate or issue
related to an election but do not advertise a product, service, event, or commodity and
includes temporary signs. Such signs may be 6 square feet in area on residential uses or 32
square feet in area on non-residential uses, no more than 5 feet in height and are not
limited in number.
D)
Flags of government, public, or non-commercial agencies.
E)
Holiday lights and decorations that contain no commercial message.
F)
Portable A-Frame, Sandwich Board Signs: Single or Double-Sided freestanding A-Frame
not exceeding 8 square feet per face nor 5 feet in height. One such sign display is allowed
per business frontage in all districts. Portable A-Frame Sandwich Board signs may only
be displayed during hours of business operation. Portable A frame, Sandwich Board signs
must be secured so as not to be a hazard and placed out of the public right of way so as
not create a hazard. When an existing or proposed building has no front yard setback the
Director of Public Works may authorize the placement of such signs on public sidewalks
in B-1, B-2, B-3, MS-1, MS-2, MS-3, DT-1, DT-2, DT-3, UCP-1, UCP-2, BPD, I-1, I-2, and IPD
districts provided the sign is sized and placed so as to maintain a minimum 5-foot wide
zone for pedestrian traffic, and the sign does not otherwise create a hazard for
pedestrians. (OR2013-2-22; REVISED OR2014-11-102)
G)
Public necessity or regulatory signs that warn or inform as required by law and other
signs erected by, or on behalf of public agencies. Also includes temporary signs, flags, or
temporary displays of a public or governmental entity, any public educational institution,
or religious institution or organization. (REVISED OR2014-11-102)
H)
Signs on recreation areas provided the sign does not face, or is setback at least 200 feet,
from adjacent residential uses and public right of ways. Such signs require Parks Dept.
or property owner approval.
I)
Exempt Signs (OR2012-8-68; REVISED OR2014-11-102)
A. Residential Districts – One (1) sign no larger than six (6) square feet in area, shall not
exceed four (4) feet in height, shall not be illuminated and must be maintained in good
repair, properly secured against wind loads, and outside the required five (5) foot
setback to any property line.
B. Non Residential Uses in Residential Districts – One (1) sign no larger than 16 square
feet in area. Such signs are limited to one (1) per street frontage or two (2) per 300
feet of each lot frontage or portion thereof, setback a minimum of 25 feet from any
other exempt or temporary sign, shall not exceed four (4) feet in height, shall not be
illuminated and must be maintained in good repair, properly secured against wind
loads, and outside the required five (5) foot setback to any property line.
C. Non Residential Uses in Non-Residential Districts – One (1) sign no larger than eight
(8) square feet in area. Such signs are limited to one (1) per street frontage or two (2)
per 300 feet of each lot frontage or portion thereof, setback a minimum of 25 feet from
any other exempt or temporary sign, shall not exceed four (4) feet in height, shall not
be illuminated and must be maintained in good repair, properly secured against wind
loads, and outside the required five (5) foot setback to any property line.
D. All exempt signs must be located outside of sight distance triangle in accordance with
Section 1131.50 of the City of Hamilton Zoning Ordinance.
J)
Signs not legible from 3 feet beyond the property line if visible with 20/20 vision from
a public right of way.
K)
Signs on a Property Under Construction, Renovation, Development or Redevelopment:
One sign per 300 feet of lot frontage or portion thereof, at the entry of a subdivision under
development or on the site of a major construction or renovation project; after approval
and recording of a final subdivision plat or building permit is issued. Such signs shall be no
larger than 64 square feet, displayed only during the time of active construction and while
valid building permits are in force.
L)
Window signs provided that no more than 25 percent of the total window area on
each building façade is covered.
M)
Works of art - Drawings, pictures, symbols, paintings, decorative architectural features,
and sculptures, which do not contain the name, logo or commercial message of any
product, service, or business.
293
1138.40 Prohibited Signs And Sign Characteristics: All signs not specifically permitted by or
exempted from these regulations are prohibited and must be removed. Such signs include
but are not limited to:
294
A)
Animated signs or devices with parts that move or revolve including pennants, streamers,
spinners, or which have flashing or intermittent lights, but not including signs with
scrolling messages, changeable copy signs, or signs with video screens, except Iconic Signs
within the Route 4 Iconic Signage District. (OR2012-8-68)
B)
Bench signs painted on or affixed to benches in the public right of way or on private
property. (OR2016-8-68)
C)
Roof mounted signs.
D)
Sound emitting devices audible beyond the property line at a level of 75 decibels or more.
E)
Signs that mimic or hide traffic control devices.
F)
Signs placed in or above the public right of way, or on property owned by a
governmental agency, not erected or authorized by the Director of Public Works.
G)
Signs utilizing illumination that radiates a glare or light greater than one half foot-candle
at the property line on which the sign is located when it is adjacent to or abutting
residential property.
H)
Signs that convey or depict pornographic information.
I)
Signs erected or placed within the clear sight triangle as defined Section 1131.50 herein.
J)
Vehicle signs mounted on, or affixed to, a vehicle or a trailer parked on private property
solely for the purpose of attracting public attention or directing the public to a use,
business, event, product, or service, but not including vehicles used in the normal conduct
of business.
K)
Signs that are supported, held, or affixed, permanently or temporarily, to a mannequin or
other similar attention getting device designed to attract the attention to a product,
service, business or event produced provided, conducted, sold offered, or performed on
the premises.
L)
Any sign structure comprised of a mannequin or other similar attention getting device
designed to attract the attention to a product, service, business or event produced,
provided, conducted, sold, offered, or performed on the premises.
1138.50 General Requirements: The following requirements apply to all signs.
1138.51 Sign Maintenance: All signs whether requiring a permit or not under this ordinance must be
properly secured and anchored, and maintained in a safe and sound structural condition at
all times, including replacement of defective parts and torn or faded fabric, painting,
cleaning, landscaping, and other acts required for the maintenance of a safe sign and to
fulfill all requirements of this ordinance. Any sign in a dangerous or defective condition shall
be repaired or removed upon receipt of written notice to the property owner.
1138.52 Dangerous or defective sign: The city may immediately remove or cause to be removed at
the expense of the property owner and/or the person in control of the property any
dangerous or defective sign that creates an immediate or potential danger to persons or
property due to structural deficiencies, inadequate maintenance, or unapproved location
(defective wiring, structural failure, broken or missing panels, etc.).
1138.53 Abandoned signs: Signs, which advertise occupancy, product or service, which has been
discontinued for more than 30 days, must be replaced with a blank face or entire sign
structure removed. Any abandoned sign which does not conform to this ordinance in regard
to size and placement and which is not put back into use within 24 months of the actual
discontinuance, in accordance with a lawful sign permit, must be totally removed and
surrounding surfaces restored.
1138.60 Permanent Sign Permit Requirements: Zoning approval and a building permit shall be required
prior to the construction, reconstruction, location, relocation, alteration, and/or modification of
all permanent signs, unless exempted by this ordinance.
1138.61 Zoning Approval. Zoning approval is necessary for all permanent signs and shall be
requested by submitting an application which contains the following to the Planning
Department through the Division of Construction Services:
A) Site plan drawn to scale showing: the location of all proposed and existing signage on
site, existing and planned buildings, dimensions of all property lines and buildings as
well as setbacks from property lines and other site features affecting sign placement
such as streets, sidewalks, landscaped and parking areas, and driveways.
B) Elevation plans drawn to scale showing height, clearance above the surrounding
grade, sign dimensions, copy or graphics, colors and materials.
C) Historic Preservation Districts. Plans for signs located in designated Historic
Preservation Districts, in addition to meeting the requirements of this ordinance,
must be approved by the Architectural and Historic Design Review Board prior to the
issuance of a sign permit. Signs located in Historic Districts should be compatible in
terms of materials, colors, and construction, with the architecture and theme of the
district in which the sign is located.
D) Signs Erected Without Required Zoning Approval: Signs erected without zoning
approval and which do not comply with the height, area, number or setback
requirements of this ordinance are not eligible for variances to these requirements.
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1138.62 Permit Fees: Zoning permit fees in accordance with 1190.00 of the Hamilton Zoning
Ordinance shall be paid for all signs requiring zoning review and approval prior to issuance
of a permit.
1138.70 Permanent Signs: The following are the different types of permanent signs allowed:
1138.71 Freestanding Signs shall include monument signs: (OR2017-12-131)
A) Monument signs are a freestanding sign that is detached from a building and which
contain a support structure that is a solid-appearing base constructed of a permanent
material.
Examples of Monument Signs
(OR2017-12-131)
Single Tenant Signs
296
Multiple Tenant Signs
Single Tenant Signs
Multiple Tenant Signs
B) Setbacks: The minimum setback for all freestanding signs is 5 feet from all property lines. If
due to the location of buildings, the front yard setback of 5 feet cannot be met; a projecting
wall sign may be used in lieu of a freestanding sign in accordance with section 1138.26.4.
All freestanding signs shall be placed outside of the sight clearance triangle as defined here
in.
297
C) Zoning District Limitations: The table below shows the allowable heights, area, setback and
frontage for freestanding signs by type of use and zoning district. (OR2013-2-22) (REVISED:
OR2014-8-70) (REVISED: OR2017-12-131)
Monument
Minimum
Setback
Minimum
Frontage
Zoning District
Use
AG
Non-residential
.15 X lot frontage
30 Sq.ft. Max
6 feet
5 feet
Individual freestanding business
.15 x lot frontage
16 Sq.ft. Max
6 feet
5 feet
Subdivision entrances & dwelling
groups 20 units or more
50 Sq.ft.
6 feet
5 feet
Civic, institutional, religious
.25 x lot frontage
50 sq.ft
6 feet
5 feet
Individual freestanding business
.15 X lot frontage
20 Sq.ft. Max
6 feet
5 feet
Business groups 3 or more units
.25 X lot frontage
64 Sq.ft. Max.
6 feet
5 feet
Subdivision entrances & dwelling
groups 20 units or more
50 Sq.ft.
6 feet
5 feet
Civic, institutional, religious
.25 X lot frontage
50 Sq.ft. Max.
6 feet
5 feet
Individual freestanding nonresidential
.25 X lot frontage
50 Sq.ft. Max.
8 feet
5 feet
Business groups 3 or more units
.25 X lot frontage
120 Sq.ft. Max.
8 feet
5 feet
B-2, B-3, BPD,
I-1, I-2, IPD,
Individual freestanding nonresidential
.75 X lot frontage
150 Sq.ft. Max.
8 feet
5 feet
MS-3, DT-1,
DT-2,
Business groups
3 or more units
.75 X lot frontage
120 Sq.ft. Max.
15 feet
5 feet
Individual Freestanding
Non-Residential
.75 X lot frontage
150 Sq.ft. Max.
8 feet
5 feet
Business Groups
3 or More Units
.75 X lot frontage
120 Sq.ft. Max.
10 feet
5 feet
UCP-1
Any Permitted
.15 x lot frontage
30 Sqft. Max
6 feet
5 feet
5 feet
UCP-2
Any Permitted
.15 x lot frontage
30 Sqft. Max
6 feet
5 feet
75 feet
Historic Overlay
Districts *
Any Permitted
.25 x lot frontage
120 sq.ft. Max.
8 feet
5 feet
R-1,
R-2,
R2-A
R-3,
R-4,
R-O, RPD, OPD,
MS-2
B-1, MS-1
DT-3
Area
Max.
Height
* As defined in Section 1126.30 Architectural Conservation / Historic Districts and Structures –
Local Register
298
D) Density: Only one freestanding sign may be placed on each lot frontage of 300 feet or less.
One additional freestanding sign may be placed on each additional 300 feet of frontage or part
thereof on lots having 600 feet or more of frontage.
E) Separation: A minimum separation of 150 feet shall be maintained between all freestanding signs
on the same development.
F) Design: Freestanding signs shall be located in a non-paved landscaped area or planter box equal in
size to the area of the sign face. Curbing shall surround the freestanding signs located in
landscaped areas within parking lots. All wiring including electric service wiring shall be
concealed.
G) Sign Materials: (OR2017-12-131)
Constructions
Signs shall be constructed of quality and durable materials specified for exterior use by the
manufacturer. The materials used on a sign shall be appropriate to the setting in which the sign
placed.
Commercial Signs
The base of all monument signs associated with a commercial retail / service use or a commercial
office use shall be constructed of brick, stone, or concrete which is formed to have a masonry unit or
brick appearance. If the primary building features brick, stone, or concrete which is formed to have a
masonry unit or brick appearance, the material used on the base of the sign shall match or be
complimentary to the building material used on the primary structure. EIFS shall not be permitted to
be used on more than 30% of the total façade a monument. (OR2017-12-131)
H) Illumination: Freestanding signs may be illuminated externally, internally, or with neon. Signs
utilizing illumination that radiates a glare or light greater than one half foot-candle at the property
line on which the sign is located when it is adjacent to or abutting residential property are
prohibited.
1138.72 Wall Signs are signs that are mounted on a wall and include changeable message,
projecting, and flush mounted signs as well as mounted on roofs, canopies, awnings,
building façades and marquees.
A) Zoning District Limitations: Wall signs may be used on permitted non-residential uses in all
districts and on multifamily residential uses with 4 units or more in residential districts.
B) Area: The maximum permitted sign area for residential zoning districts shall not exceed 20
square feet in area. In all other districts, the maximum allowable total area of wall signs,
including awning and marquee signs, shall not exceed 1.5 square feet per lineal foot of
building frontage for ground floor businesses. Any building or business with additional
frontage onto an open parking area of two or more acres shall be allotted 1.5 additional
square feet of signage per that lineal frontage. Wall signs shall not project above a roofline
or parapet wall. (OR2012-8-68)
C) Density: One wall sign may be displayed on a single building street frontage for residential
uses. Any number of wall signs may be displayed on a single frontage in all other districts.
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The area allocation based on building frontage may be distributed on more than one façade,
provided that no façade shall contain more than 1.5 square feet of sign area per lineal foot
of that façade’s width.
D) Construction: Wall signs shall be constructed of low maintenance materials specified for
exterior use by the manufacturer. Wall signs must be mounted parallel with the face of the
wall, and be not more than 15 inches in depth.
E) Illumination: Wall signs may be illuminated externally, internally, or with neon. Signs
utilizing illumination that radiates a glare or light greater than one half foot-candle at the
property line on which the sign is located when it is adjacent to or abutting residential
property are prohibited.
1138.73 Awning signs are signs that are constructed of lightweight fabric, which contains copy
and/or graphics, stretched over a framework that is mounted to a building, pylon, canopy or
other permanent structure. The fabric may be translucent. Awnings used strictly as
protective structures for windows and doors containing no sign copy or logos are not signs.
Awning signs are categorized as wall signs.
A) Clearance: Awning signs must be mounted with minimum ground clearance of 8 feet.
B) Illumination: Awning signs may be illuminated externally, internally, or with neon. Signs
utilizing illumination that radiates a glare or light greater than one half foot-candle at the
property line on which the sign is located when it is adjacent to or abutting residential
property are prohibited.
1138.74 Changeable copy signs: Signs, permanently affixed to a wall or the ground, which are
designed to have the copy changed manually, by replacing lettering, panels, posters,
banners or photos or with an electronic message.
A) Zoning: Changeable copy signs are allowed only on permitted multi-family uses and nonresidential uses in AG, R-1, R-2, R-3, R-4, R-O districts and on all uses in the, B1, B2, B3, BPD,
MS-1, MS-2, MS-3, DT-1, DT-2, DT-3, I-1, I-2, UCP-1, UCP-2 and, IPD districts. (OR2013-2-22)
B) Area Bonus: Business and commercial uses that incorporate a changeable copy sign into a
freestanding sign may increase the overall maximum area for freestanding signs by 25%.
Business and commercial uses that incorporate changeable copy sign or signs as wall signs
may increase the overall maximum area for wall signs by 25%.
C) Illumination: Changeable copy signs may be illuminated externally, internally, or with neon.
Signs utilizing illumination that radiates a glare or light greater than one half foot-candle at
the property line on which the sign is located when it is adjacent to or abutting residential
property are prohibited.
1138.75 Iconic Signs: An iconic sign is a sign that visually depicts the nature of the business, goods or
services that the business provides through unique shape and any combination of color,
lighting, movement or history. (OR2012-4-32) However, Iconic Signs that incorporate
movement (as defined in 1138.40.A) are only permitted within the Route 4 Iconic Signage
District. (OR2012-8-68)
300
A) Zoning: Iconic signs are allowed only on permitted multi-family uses and non-residential uses in AG,
R-1, R-2, R-3, R-4, R-O districts and on all uses in the B1, B2, B3, BPD, MS-1, MS-2, MS-3, DT-1, DT-2, DT3, I-1, I-2, and IPD districts. (OR2013-2-22)
B) Area Bonus: Business and commercial uses within the defined iconic sign district (See Map) that
incorporate an iconic sign into a freestanding sign may increase the overall maximum area for
freestanding signs by 50%. Business and commercial uses within the defined Iconic sign district (See
Map) that incorporate iconic sign or signs as wall signs may increase the overall maximum area for wall
signs by 50%. Signs utilizing this bonus cannot also utilize the changeable copy bonus. (OR2012-4-32)
C) Illumination: Iconic Signs may be illuminated externally, internally, or with neon in the B1, B2, B3,
BPD, MS-1, MS-3, DT-1, DT-2, DT-3, I-1, I-2, and IPD districts. Signs utilizing illumination that radiates a
glare or light greater than one half foot-candle at the property line on which the sign is located when it
is adjacent to or abutting residential property are prohibited. (OR2013-2-22)
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(OR2012-4-32)
302
1138.76 Projecting Signs include all signs, which are mounted on and perpendicular to a
building facade.
A) Zoning: One projecting sign is allowed on permitted non-residential uses in the R-O, B1, B2,
B3, BPD, MS-1, MS-2, MS-3, DT-1, DT-2, DT-3, I-1, I-2, and, IPD zoning districts where a
freestanding sign is permitted but practical difficulties exist that deprive an owner the
reasonable placement of a freestanding sign. The area of such projecting signs shall not
exceed .5 square feet of sign area per linear foot of building frontage.
Within any UCP-1 or UCP-2 zoning district projecting signs are permitted and must be
attached to building facades that have a public entrance and must maintain a minimum
clearance of eight feet above the public right-of-way or private sidewalk area. One
projecting sign is allowed per tenant space. Projecting signs may have a maximum area of
six square feet and may be illuminated externally, internally, or with neon. (OR2013-2-22)
(OR 2014-1-22)
B) Setbacks: The inside edge of projecting signs shall be mounted no more than 6 inches from
the face of a building. The outside edge shall not project closer than 2 feet of the curb or edge
of roadway. Projecting signs must set back at least 5 feet from side property lines. Projecting
signs over a right of way shall have a minimum ground clearance of 8 feet and will require
joint approval from the Departments of Planning and Public Works.
C) Illumination: Projecting signs may be illuminated externally, internally, or with neon. Signs
utilizing illumination that radiates a glare or light greater than one half foot-candle at the
property line on which the sign is located
1138.77 Suspended signs are signs suspended from any structure overhanging pedestrian
walkways.
A) Zoning: Suspended signs are permitted only on permitted nonresidential uses in AG, R-3, R4, R-O districts and in the, B1, B2, B3, BPD, MS-1, MS-2, MS-3, DT-1, DT-2, DT-3, UCP-1, UCP2, I-1, I-2, and, IPD districts. (OR2013-2-22)
B) Area: Such signs shall have a minimum clearance of 8 feet.
C) Illumination: Suspended signs may be illuminated externally, internally, or with neon. Signs
utilizing illumination that radiates a glare or light greater than one half foot-candle at the
property line on which the sign is located.
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1138.99
LEGAL NON-CONFORMING SIGNS: See Section 1109.44 HZO
1138.100
APPEALS: Other sections of the Zoning Ordinance notwithstanding,
the following will govern all appeals with regard to signs.
1138.101 Administrative Appeals: In cases where due to the unique location or situation of a piece
of property the strict enforcement of the provisions of this ordinance would create, a
practical difficulty with regard to the visibility or function of a sign not intended by this
ordinance, the Planning Director is hereby authorized to make administrative adjustments
of up to 25% of any dimensional restriction contained herein. The Planning Director may
also waive a restriction in cases where an undue burden is unintentionally created on a
specific property due to conflicting or contradictory requirements. Relief may include
adjustments to setbacks, area, height, location, or interpretations of these regulations as
they are applied to specific cases. The relief provided by the Director may not exceed that
which is necessary to relieve the practical difficulty and approval may be conditioned upon
comparable reductions in the size or changes in the location and design of other signage on
site.
Appeals of a decision by the Planning Director with regard to a request for administrative
relief, or appeals seeking relief greater than that, which can be granted by the Director, shall
be made to Board of Zoning Appeals per Section 1170.60. Drawings, photos or other
illustrations of all signage on site and a complete description of the relief being sought by
the applicant must accompany appeal. Fees per Section 1190.00 of this ordinance shall
accompany all requests for variances to the requirements of this section of the Zoning
Ordinance.
304
1139.00 PERFORMANCE STANDARDS
1139.10 Compliance Required: No land or building in any District shall be used or occupied in
any manner so as to create any dangerous, injurious, noxious, or otherwise
objectionable fire, explosive, or other hazards, including possible potential hazards;
noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold,
dampness, electrical or other substance, condition or element in such a manner or in
such amount as to adversely affect the surrounding area or adjoining premises,
provided that any use permitted or not expressly prohibited by this Ordinance may
be undertaken and maintained if it conforms to the regulations of this section
limiting dangerous and objectionable elements at the point of the determination of
their existence.
1139.20 Performance Standards' Procedure: All Principal Permitted Uses and Conditional
Uses as specified in Sections 1122.00 through 1125.00 shall comply with the
Performance Standards' Procedure in applying for a Zoning Clearance Permit
(Section 1170.81). In addition, the City Manager or Designee may, at his discretion,
require any other use not specifically listed to comply with the Performance
Standards' Procedure if such use is likely to violate the standards of Section
1139.00.
1139.30 Standards Applicable To All Uses: Compliance with Performance Standards'
Procedure shall be required of every use, which is now or may hereafter be
authorized by this Ordinance.
1139.40 City Health Department-Enforcement: The Board of Zoning Appeals may direct the
City Health Department to assist the City Manager or Designee in the enforcement
of the provisions of this Section or in any investigation hereunder, and said
Department shall render such assistance as may be necessary and authorized by
law.
1139.50 Non-Conforming Uses: Certain uses established before the effective date of this
Ordinance and non-conforming as to Performance Standards shall be given a
reasonable time in which to conform therewith as provided in Section 1109.80.
305
1139.60 Locations Where Determinations Are To Be Made For The Enforcement Of
Performance Standards: The determination of the existence of any dangerous and
objectionable elements shall be made at the location of the use creating the same
and at any points where the existence of such elements may be more apparent
(herein referred to as "at any point"); provided, however, that the measurements
necessary for enforcement of Performance Standards set forth in this Section shall
be taken at different points in different Zoning Districts in relation to the
establishment or use creating the element being measured (herein referred to as
"point of measurement") as follows:
1139.61 In Any "R" District and "B-1" and "B-2" Districts: twenty-five (25) feet from the
establishment or use, or at the lot line of the use if closer to the establishment or
use.
1139.62 In Any Other District: At the boundary or boundaries of the District, or at any
point within any "R" District.
1139.70 Performance Standard Regulations: The following provisions, standards
and specifications shall apply:
1139.71 Fire and Explosion Hazards: All activities involving, and all storage of,
inflammable and explosive materials shall be provided at any point with
adequate safety devices against the hazard of fire and explosion and adequate
fire-fighting and fire suppression equipment and devices standard in the industry
shall be provided. Burning of waste materials in open fires shall be prohibited at
any point unless authorized by Fire Department Permit, subject to such
conditions as may be prescribed by the Fire Department in each case. The
relevant provisions of state and local laws and regulations shall also apply.
1139.72 Radioactivity or Electric Disturbance: No activities shall be permitted which
violate the requirements and standards of the radiation protection regulations of
the Ohio State Department of Health, and no electrical disturbance shall be
tolerated which affects adversely the operation at any point of any equipment
other than that of the creator of such disturbance.
1139.73 Noise: At the point of measurement specified in Section 1139.60, the sound
pressure level of noise radiated from the facility at night time shall not exceed
forty (40) decibels (sound pressure level-decibels are 0.0002 Dynes/cm2) or the
average sound level of the street traffic noise nearest the noise generator,
whichever is the higher, in any octave band of frequency above three hundred
(300) cycles per second. Between the hours of 6:00 a.m. and 8:00 p.m. the sound
pressure level of noise radiated from a facility shall not exceed sixty-five (65)
decibels in "R" Districts and ninety-five (95) decibels in all other Districts or ten
(10) decibels above the average sound level of the existing background noise in
the locality of the noise generator, whichever is the higher, in an octave band of a
frequency above three hundred (300) cycles per second.
306
The sound pressure level shall be measured with a sound level meter1, and an octaveband analyzer2 that conform to the specifications published by the American Standards
Association. Noise shall be so muffled or otherwise controlled as not to become
objectionable due to intermittence, beat frequency, impulsive character (hammering,
etc.), periodic character (humming, screeching, etc.), or shrillness. Sirens, whistles,
bells, etc., which are maintained and utilized solely to serve a public purpose (such as
fire, ambulance, police and air raid warning sirens) shall be excluded from the above
regulations. Below three hundred (300) cycles per second maximum sound pressure
shall conform to the following table:
NOISE
Octave Band (in cycles per second)
0 - 75
75 - 150
150 - 300
300 and UP
Decibels
70
60
50
40
AMERICAN STANDARD SOUND LEVEL METERS FOR MEASUREMENT OF NOISE AND OTHER SOUNDS, 224.3 - 1944, American
Standards Association, Inc., New York.
2 AMERICAN STANDARD SPECIFICATION FOR AN OCTAVE-BAND FILTER SET FOR THE ANALYSIS OF NOISE AND OTHER SOUNDS,
224.10- 1953, American Standards Association Inc., NY.
1
1139.74 Vibration: No vibration shall be permitted which is discernible without instruments at
the points of measurement specified in Section 1139.60.
1139.75 Smoke: No emission shall be permitted at any point, from any chimney or otherwise,
of visible grey smoke of a shade equal to or darker than No. 2 on the Power's
Micoringle-Menn Chart, published by McGraw-Hill Publishing Company, Inc., and
copyrighted 1954 (being a direct facsimile reproduction of the Standard Ringlemenn
Chart as issued by the United States Bureau of Mines), except that visible grey smoke
of a shade equal to No. 2 on said chart may be emitted for four (4) minutes in any
thirty (30) minutes. These provisions applicable to visible grey smoke shall also apply
to visible smoke of a different color but with an apparently equivalent capacity.
1139.76 Odor: No emission shall be permitted of odorous gases or other odorous matter in
such quantities as to be offensive at the points of measurement specified in Section
1139.60. There is hereby established as a guide in determining such quantities of
offensive odors Table iii. "Odor Thresholds", in Chapter 5, "Air Pollution Abatement
Manual", copyright 1951 by Manufacturing Chemists Assn.., Inc., Washington, D.C.
1139.77 Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution: No emission
shall be permitted which can cause any damage to health, to animals, vegetation or
other forms of property, or which can cause any excessive soiling, at any point. It is
hereby established as a guide in determining the detrimental concentration for any
dust, fume, mist, gas or vapor Chapter 5, "Air Pollution Abatement Manual", copyright
1951, by the Manufacturing Chemists Association, Inc., Washington, D.C. The fly ash or
other particulate matter resulting from the burning of combustible materials shall not
exceed a loading in the stack of vent gases of eighty-five one hundredths (0.85)
pounds per one thousand (1,000) pounds of conveying gas (twenty-five one hundred
(0.25) grains per cubic foot measured at 500 degrees F and fifty (50) percent excess
air).
307
1139.78 Glare: No direct or sky-reflected glare, whether from floodlights or from hightemperature processes such as combustion or welding or otherwise, so as to be
objectionable to the points of measurement specified in Section 1139.60. This
restriction shall not apply to signs otherwise permitted by the provisions of this
Ordinance or other regulation.
1139.79 Liquid or Solid Wastes: No discharge at any point into any public sewer, private
sewage disposal system, or stream, or into the ground, except in accord with
standards approved by the City Health Department or the Ohio State Department of
Health, as the case may be, or standards equivalent to those approved by said
authorities for similar uses, of any materials of such nature or temperature as can
contaminate any water supply, interfere with the orderly operation of public sewage
collection and treatment systems, or otherwise cause the emission of dangerous or
offensive elements.
308
1140.00 FLOOD DAMAGE REDUCTION
1140.10 Statement Of Purpose
It is the purpose of these regulations to promote the public health, safety and general
welfare, and to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the proper use and development of
areas of special flood hazard so as to protect property and minimize future flood blight
areas;
G. Ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions;
H. Minimize the impact of development on adjacent properties within and near flood
prone areas;
I. Ensure that the flood storage and conveyance functions of the floodplain are
maintained;
J. Minimize the impact of development on the natural, beneficial values of the floodplain;
K. Prevent floodplain uses that are either hazardous or environmentally incompatible; and
L. Meet community participation requirements of the National Flood Insurance Program.
1140.11 Methods Of Reducing Flood Loss
In order to accomplish its purposes, these regulations include methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due
to water hazards, or which result in damaging increases in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities, which serve such uses, be
protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. Controlling filling, grading, dredging, excavating, and other development which may
increase flood damage; and,
E. Preventing or regulating the construction of flood barriers, which will unnaturally
divert flood, waters or which may increase flood hazards in other areas.
309
1140.12
Lands to Which These Regulations Apply
These regulations shall apply to all areas of special flood hazard within the jurisdiction of
the City of Hamilton, Ohio as identified in Section 1.6, including any additional areas of
special flood hazard annexed by the City of Hamilton, Ohio.
1140.13 Basis for Establishing the Areas of Special Flood Hazard
For the purposes of these regulations, the following studies and / or maps are adopted:
A. Flood Insurance Study Butler County, Ohio and Incorporated Areas and Flood Insurance
Rate Map Butler County, Ohio and Incorporated Areas both effective December 17, 2010.
B. Other studies and / or maps, which may be relied upon for establishment of the flood
protection elevation, delineation of the 100-year floodplain, floodways or delineation of
other areas of special flood hazard that have been accepted and approved by the Federal
Emergency Management Agency.
C. Any hydrologic and hydraulic engineering analysis authored by a registered Professional
Engineer in the State of Ohio which has been approved by the City of Hamilton, Ohio as
required by Section 4.3 Subdivisions and Large Scale Developments.
Any revisions to the aforementioned maps and / or studies are hereby adopted by reference
and declared to be a part of these regulations. Such maps and/or studies are on file at the
Planning Department Office, 345 High St. City of Hamilton, Ohio
1140.14 Abrogation and Greater Restrictions
These regulations are not intended to repeal any existing ordinances including subdivision
regulations, zoning or building codes. In the event of a conflict between these regulations
and any other ordinance, the more restrictive shall be followed. These regulations shall not
impair any deed restriction covenant or easement but the land subject to such interests
shall also be governed by the regulations.
1140.15 Interpretation
In the interpretation and application of these regulations, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and,
C. Deemed neither to limit nor repeal any other powers granted under state statutes. Where
a provision of these regulations may be in conflict with a state or Federal law, such state
or Federal law shall take precedence over these regulations.
1140.16 Warning and Disclaimer of Liability
The degree of flood protection required by these regulations is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. These regulations do not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from flooding or flood damage.
310
These regulations shall not create liability on the part of the City of Hamilton, Ohio, any
officer or employee thereof, or the Federal Emergency Management Agency, for any flood
damage that results from reliance on these regulations or any administrative decision
lawfully made hereunder.
1140.17 Severability
Should any section or provision of these regulations be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the regulations as a
whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
1140.20 Definitions
Unless specifically defined below, words or phrases used in these regulations shall be
interpreted so as to give them the meaning they have in common usage and to give these
regulations the most reasonable application.
Accessory Structure - any structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal structure.
Appeal - a request for review of the floodplain administrator’s interpretation of any
provision of these regulations or a request for a variance.
Base Flood - the flood having a one percent chance of being equaled or exceeded in any
given year. The base flood may also be referred to as the 1% chance annual flood or onehundred (100) year flood.
Base (100-Year) Flood Elevation (BFE) - the water surface elevation of the base flood in
relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the
North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level
(MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the
depth number (from 1 to 3 feet).
Basement - any area of the building having its floor subgrade (below ground level) on all
sides.
Development - any manmade change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
Enclosure Below the Lowest Floor - see “Lowest Floor.”
Executive Order 11988 (Floodplain Management) - issued by President Carter in 1977,
this order requires that no federally assisted activities be conducted in or have the
potential to affect identified special flood hazard areas, unless there is no practicable
alternative.
Federal Emergency Management Agency (FEMA) - the agency with the overall
responsibility for administering the National Flood Insurance Program.
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Fill – a deposit of earth material placed by artificial means.
Flood or Flooding – a general and temporary condition of partial or complete inundation of
normally dry land areas from:
1.
The overflow of inland or tidal waters, and/or
2.
The unusual and rapid accumulation or runoff of surface waters from any
source.
Flood Hazard Boundary Map (FHBM) - usually the initial map, produced by the Federal
Emergency Management Agency, or U.S. Department of Housing and Urban Development,
for a community depicting approximate special flood hazard areas.
Flood Insurance Rate Map (FIRM) - an official map on which the Federal Emergency
Management Agency or the U.S. Department of Housing and Urban Development has
delineated the areas of special flood hazard.
Flood Insurance Risk Zones - zone designations on FHBMs and FIRMs that indicate the
magnitude of the flood hazard in specific areas of a community. Following are the zone
definitions:
Zone A - Special flood hazard areas inundated by the 100-year flood; base flood
elevations are not determined.
Zones A1-30 and Zone AE - Special flood hazard areas inundated by the 100-year
flood; base flood elevations are determined.
Zone AO - Special flood hazard areas inundated by the 100-year flood; with flood depths
of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
Zone AH - Special flood hazard areas inundated by the 100-year flood; flood depths of 1
to 3 feet (usually areas of ponding); base flood elevations are determined.
Zone A99 - Special flood hazard areas inundated by the 100-year flood to be protected
from the 100-year flood by a Federal flood protection system under construction; no
base flood elevations are determined.
Zone Band Zone X (shaded) - Areas of 500-year flood; areas subject to the 100-year
flood with average depths of less than 1 foot or with contributing drainage area less
than 1 square mile; and areas protected by levees from the base flood.
Zone C and Zone X (unshaded) - Areas determined to be outside the 500-year
floodplain.
Flood Insurance Study(FIS) - the official report in which the Federal Emergency
Management Agency or the U.S. Department of Housing and Urban Development has
provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and
Floodway Maps), and the water surface elevations of the base flood.
Flood Protection Elevation - the Flood Protection Elevation, or FPE, is the base flood
elevation plus 1 foot of freeboard. In areas where no base flood elevations exist from any
authoritative source, the flood protection elevation can be historical flood elevations, or
base flood elevations determined and/or approved by the floodplain administrator.
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Floodway – a floodway is the channel of a river or other watercourse and the adjacent land
areas that have been reserved in order to pass the base flood discharge. A floodway is
typically determined through a hydraulic and hydrologic engineering analysis such that the
cumulative increase in the water surface elevation of the base flood discharge is no more
than a designated height. In no case shall the designated height be more than one foot at any
point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the
following: Moderate to high velocity flood waters, high potential for debris and projectile
impacts, and moderate to high erosion forces.
Freeboard – a factor of safety usually expressed in feet above a flood level for the purposes
of floodplain management. Freeboard tends to compensate for the many unknown factors
that could contribute to flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action, obstructed bridge openings, debris and
ice jams, and the hydrologic effect of urbanization in a watershed.
Historic structure - any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by
the U.S. Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listings on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district; or
3. Individually listed on the State of Ohio's inventory of historic places maintained by the
Ohio Historic Preservation Office.
4. Individually listed on the inventory of historic places maintained by the City of
Hamilton, Ohio’s historic preservation program, which program is certified by the
Ohio Historic Preservation Office.
Hydrologic and hydraulic engineering analysis - an analysis performed by a professional
engineer, registered in the State of Ohio, in accordance with standard engineering practices
as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
Letter of Map Change (LOMC) - a Letter of Map Change is an official FEMA determination, by
letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and
Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following
categories:
Letter of Map Amendment (LOMA) - a revision based on technical data showing that a
property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective Flood Insurance Rate Map and establishes that a specific
property is not located in a special flood hazard area.
Letter of Map Revision (LOMR) - a revision based on technical data that, usually due to
manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway
delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a
determination concerning whether a structure or parcel has been elevated by fill above the
base flood elevation and is, therefore, excluded from the special flood hazard area.
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Conditional Letter of Map Revision (CLOMR) - a formal review and comment by FEMA as to
whether a proposed project complies with the minimum National Flood Insurance Program
floodplain management criteria. A CLOMR does not amend or revise effective Flood
Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
Lowest floor - the lowest floor of the lowest enclosed area (including basement) of a
structure. This definition excludes an “enclosure below the lowest floor” which is an
unfinished or flood resistant enclosure usable solely for parking of vehicles, building access
or storage, in an area other than a basement area, provided that such enclosure is built in
accordance with the applicable design requirements specified in these regulations for
enclosures below the lowest floor.
Manufactured home – a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle". For the purposes of these regulations, a manufactured home includes
manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised
Code.
Manufactured homepark - as specified in the Ohio Administrative Code 3701-27-01, a
manufactured home park means any tract of land upon which three or more manufactured
homes, used for habitation are parked, either free of charge or for revenue purposes, and
includes any roadway, building, structure, vehicle, or enclosure used or intended for use as
part of the facilities of the park. A tract of land that is subdivided and the individual lots are
not for rent or rented, but are for sale or sold for the purpose of installation of
manufactured homes on the lots, is not a manufactured home park, even though three or
more manufactured homes are parked thereon, if the roadways are dedicated to the local
government authority.
National Flood Insurance Program (NFIP) - the NFIP is a Federal program enabling
property owners in participating communities to purchase insurance protection against
losses from flooding. This insurance is designed to provide an insurance alternative to
disaster assistance to meet the escalating costs of repairing damage to buildings and their
contents caused by floods. Participation in the NFIP is based on an agreement between local
communities and the Federal government that states if a community will adopt and enforce
floodplain management regulations to reduce future flood risks to all development in
special flood hazard areas, the Federal government will make flood insurance available
within the community as a financial protection against flood loss.
New construction - structures for which the "start of construction" commenced on or
after the initial effective date of the City of Hamilton, Ohio Flood Insurance Rate Map, July
15, 1977, and includes any subsequent improvements to such structures.
Person – includes any individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments and agencies. An
agency is further defined in the Ohio Revised Code Section 111.15 as any governmental
entity of the state and includes, but is not limited to, any board, department, division,
commission, bureau, society, council, institution, state college or university, community
college district, technical college district, or state community college. “Agency” does not
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include the general assembly, the controlling board, the adjutant general’s department, or
any court.
Recreational vehicle - a vehicle which is (1) built on a single chassis, (2) 400 square feet
or less when measured at the largest horizontal projection, (3) designed to be selfpropelled or permanently towable by a light duty truck, and (4) designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
Registered Professional Architect - a person registered to engage in the practice of
architecture under the provisions of sections 4703.01 to 4703.19 of the Revised Code.
Registered Professional Engineer - a person registered as a professional engineer under
Chapter 4733 of the Revised Code.
Registered Professional Surveyor - a person registered as a professional surveyor under
Chapter 4733 of the Revised Code.
Special Flood Hazard Area - also known as “Areas of Special Flood Hazard”, it is the land in
the floodplain subject to a one percent or greater chance of flooding in any given year.
Special flood hazard areas are designated by the Federal Emergency Management Agency
on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway
Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special
flood hazard areas may also refer to areas that are flood prone and designated from other
federal state or local sources of data including but not limited to historical flood information
reflecting high water marks, previous flood inundation areas, and flood prone soils
associated with a watercourse.
Start of construction - the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days of the permit date. The actual start means either the
first placement of permanent construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns, or any work beyond
the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading, and
filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of a building.
Structure - a walled and roofed building, manufactured home, or gas or liquid storage tank
that is principally above ground.
Substantial Damage - damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of
the of the current market value base upon the County Auditor’s valuation or other
conventional means of establishing the market value of the structure before the damage
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occurred.
Substantial Improvement - any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceed 50 percent of the of the
current market value base upon the County Auditor’s valuation or other conventional
means of establishing the market value of the structure before the "start of construction" of
the improvement. This term includes structures, which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not, however, include:
1.
Any improvement to a structure that is considered “new construction,”
2.
Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified prior
to the application for a development permit by the local code enforcement official
and which are the minimum necessary to assure safe living conditions; or
3.
Any alteration of a "historic structure," provided that the alteration would not
preclude the structure's continued designation as a "historic structure".
Variance – a grant of relief from the standards of these regulations consistent with the
variance conditions herein.
Violation - the failure of a structure or other development to be fully compliant with these
regulations.
1140.30 Administration
1140.31 Designation of the Floodplain Administrator
The City Manager’s designee is hereby appointed to administer and implement these
regulations and is referred to herein as the Floodplain Administrator.
1140.32
Duties and Responsibilities of the Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
A. Evaluate applications for permits to develop in special flood hazard areas.
B. Interpret floodplain boundaries and provide flood hazard and flood protection elevation
information.
C. Issue permits to develop in special flood hazard areas when the provisions of these regulations
have been met, or refuse to issue the same in the event of noncompliance.
D. Inspect buildings and lands to determine whether any violations of these regulations have been
committed.
E. Make and permanently keep all records for public inspection necessary for the administration of
these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and
Revision, records of issuance and denial of permits to develop in special flood hazard areas,
determinations of whether development is in or out of special flood hazard areas for the
purpose of issuing floodplain development permits, elevation certificates, variances, and
records of enforcement actions taken for violations of these regulations.
F. Enforce the provisions of these regulations.
G. Provide information, testimony, or other evidence as needed during variance hearings.
H. Coordinate map maintenance activities and FEMA follow-up.
I. Conduct substantial damage determinations to determine whether existing structures, damaged
from any source and in special flood hazard areas identified by FEMA, must meet the
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development standards of these regulations.
1140.33
Floodplain Development Permits
It shall be unlawful for any person to begin construction or other development activity
including but not limited to filling; grading; construction; alteration, remodeling, or
expanding any structure; or alteration of any watercourse wholly within, partially within
or in contact with any identified special flood hazard area, as established in Section 1.6,
until a floodplain development permit is obtained from the Floodplain Administrator. Such
floodplain development permit shall show that the proposed development activity is in
conformity with the provisions of these regulations. No such permit shall be issued by the
Floodplain Administrator until the requirements of these regulations have been met.
1140.34
Application Required
An application for a floodplain development permit shall be required for all development
activities located wholly within, partially within, or in contact with an identified special
flood hazard area. Such application shall be made by the owner of the property or his/her
authorized agent, herein referred to as the applicant, prior to the actual commencement of
such construction on a form furnished for that purpose. Where it is unclear whether a
development site is in a special flood hazard area, the Floodplain Administrator may require
an application for a floodplain development permit to determine the development’s
location. Such applications shall include, but not be limited to:
A. Site plans drawn to scale showing the nature, location, dimensions, and topography of
the area in question; the location of existing or proposed structures, fill, storage of
materials, drainage facilities, and the location of the foregoing.
B. Elevation of the existing, natural ground where structures are proposed.
C. Elevation of the lowest floor, including basement, of all proposed structures.
D. Such other material and information as may be requested by the Floodplain
Administrator to determine conformance with, and provide enforcement of these
regulations.
E. Technical analyses conducted by the appropriate design professional registered in the
State of Ohio and submitted with an application for a floodplain development permit
when applicable:
1.
2.
3.
4.
Floodproofing certification for non-residential floodproofed structure as
required in Section 4.5.
Certification that fully enclosed areas below the lowest floor of a structure not
meeting the design requirements of Section 4.4(E) are designed to automatically
equalize hydrostatic flood forces.
Description of any watercourse alteration or relocation that the flood carrying
capacity of the watercourse will not be diminished, and maintenance assurances
as required in Section 4.9(C).
A hydrologic and hydraulic analysis demonstrating that the cumulative effect of
proposed development, when combined with all other existing and anticipated
development will not increase the water surface elevation of the base flood by
more than one foot in special flood hazard areas where the Federal Emergency
Management Agency has provided base flood elevations but no floodway as
required by Section 4.9(B).
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5.
A hydrologic and hydraulic engineering analysis showing impact of any
development on flood heights in an identified floodway as required by Section
4.9(A).
Generation of base flood elevation(s) for subdivision and large-scale
developments as required by Section 4.3.
6.
F. A floodplain development permit application fee of $100.00 as required by Section
1190.00 of the City of Hamilton Zoning Ordinance.
1140.35 Review and Approval of a Floodplain Development Permit Application
A. Review
1. After receipt of a complete application, the Floodplain Administrator shall review
the application to ensure that the standards of these regulations have been met.
No floodplain development permit application shall be reviewed until all
information required in Section 3.4 has been received by the Floodplain
Administrator.
2. The Floodplain Administrator shall review all floodplain development permit
applications to assure that all necessary permits have been received from those
federal, state or local governmental agencies from which prior approval is
required. The applicant shall be responsible for obtaining such permits as
required including permits issued by the U.S. Army Corps of Engineers under
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act,
and the Ohio Environmental Protection Agency under Section 401 of the Clean
Water Act.
B. Approval
Within thirty (30) days after the receipt of a complete application, the Floodplain
Administrator shall either approve or disapprove the application. If an application is
approved, a floodplain development permit shall be issued. All floodplain development
permits shall be conditional upon the commencement of work within one (1) year. A
floodplain development permit shall expire one (1) year after issuance unless the
permitted activity ceases for a period of 180 days at which time the permit shall expire.
1140.36 Inspections
For new or substantially improved residential structures, or nonresidential structures that
have been elevated, the applicant shall have a Federal Emergency Management Agency
Elevation Certificate completed by a registered surveyor when forms are set for foundation
walls, pilings or basement/crawl space walls, prior to any further construction to certify
that top of foundations are in compliance with permit conditions. The Floodplain
Administrator shall also make periodic inspections at appropriate time throughout the
period of construction in order to monitor compliance with permit conditions
1140.37 Post-Construction Certifications Required
The following as-built certifications are required after a floodplain development permit has
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been issued:
A. For new or substantially improved residential structures, or nonresidential structures
that have been elevated, the applicant shall have a Federal Emergency Management
Agency Elevation Certificate completed by a registered surveyor to record as-built
elevation data. For elevated structures in Zone A and Zone AO areas without a base
flood elevation, the elevation certificate may be completed by the property owner or
owner’s representative.
B. For all development activities subject to the standards of Section 3.10(A), a Letter of
Map Revision.
1140.38 Revoking a Floodplain Development Permit
A floodplain development permit shall be revocable, if among other things, the actual
development activity does not conform to the terms of the application and permit granted
thereon. In the event of the revocation of a permit, an appeal may be taken to the Board of
Zoning Appeals in accordance with Section 5 of these regulations.
1140.39 Exemption from Filing a Development Permit
An application for a floodplain development permit shall not be required for:
A. Maintenance work such as roofing, painting, and basement sealing, or for small
nonstructural development activities (except for filling and grading) valued at less
than $5,000.
B. Development activities in an existing or proposed manufactured home park that are
under the authority of the Ohio Department of Health and subject to the flood damage
reduction provisions of the Ohio Administrative Code Section 3701.
C. Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of
the Ohio Revised Code.
D. Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board
under Section 3734 of the Ohio Revised Code.
E. Development activities undertaken by a federal agency and which are subject to
Federal Executive Order 11988 – Floodplain Management.
Any proposed action exempt from filing for a floodplain development permit is also exempt
from the standards of these regulations.
1140.40 Map Maintenance Activities
To meet National Flood Insurance Program minimum requirements to have flood data
reviewed and approved by FEMA, and to ensure that The City of Hamilton’s flood maps,
studies and other data identified in Section 1.6 accurately represent flooding conditions so
appropriate floodplain management criteria are based on current data, the following map
maintenance activities are identified:
A. Requirement to Submit New Technical Data
1. For all development proposals that impact floodway delineations or base flood
elevations, the community shall ensure that technical data reflecting such
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changes be submitted to FEMA within six months of the date such information
becomes available. These development proposals include:
a. Floodway encroachments that increase or decrease base flood
elevations or alter floodway boundaries;
b. Fill sites to be used for the placement of proposed structures where the
applicant desires to remove the site from the special flood hazard area;
c. Alteration of watercourses that result in a relocation or elimination
of the special flood hazard area, including the placement of culverts; and
d. Subdivision or large scale development proposals requiring the
establishment of base flood elevations in accordance with Section 4.3.
2. It is the responsibility of the applicant to have technical data, required in
accordance with Section 3.10(A), prepared in a format required for a Conditional
Letter of Map Revision or Letter of Map Revision, and submitted to FEMA.
Submittal and processing fees for these map revisions shall be the responsibility
of the applicant.
3. The Floodplain Administrator shall require a Conditional Letter of Map Revision
prior to the issuance of a floodplain development permit for:
a. Proposed floodway encroachments that increase the base flood
elevation.
b. Proposed development which increases the base flood elevation by
more than one foot in areas where FEMA has provided base flood
elevations but no floodway.
4. Floodplain development permits issued by the Floodplain Administrator shall
be conditioned upon the applicant obtaining a Letter of Map Revision from
FEMA for any development proposal subject to Section 3.10(A)(1).
B. Right to Submit New Technical Data
The Floodplain Administrator may request changes to any of the information shown on
an effective map that does not impact floodplain or floodway delineations or base flood
elevations, such as labeling or planimetric details. Such a submission shall include
appropriate supporting documentation made in writing by the City Manager of the City of
Hamilton, and may be submitted at any time.
C. Annexation / Detachment
Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever
the boundaries of the City of Hamilton, Ohio have been modified by annexation or the
community has assumed authority over an area, or no longer has authority to adopt and
enforce floodplain management regulations for a particular area. In order that the City
of Hamilton, Ohio’s Flood Insurance Rate Map accurately represent the City of Hamilton,
Ohio’s boundaries, include within such notification a copy of a map of the City of
Hamilton, Ohio suitable for reproduction, clearly showing the new corporate limits or
the new area for which the City of Hamilton, Ohio has assumed or relinquished
floodplain management regulatory authority.
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1140.41 Data Use and Flood Map Interpretation
The following guidelines shall apply to the use and interpretation of maps and other data
showing areas of special flood hazard:
A. In areas where FEMA has not identified special flood hazard areas, or in FEMA
identified special flood hazard areas where base flood elevation and floodway data
have not been identified, the Floodplain Administrator shall review and reasonably
utilize any other flood hazard data available from a federal, state, or other source.
B. Base flood elevations and floodway boundaries produced on FEMA flood maps and
studies shall take precedence over base flood elevations and floodway boundaries by
any other source that reflect a reduced floodway width and/or lower base flood
elevations. Other sources of data, showing increased base flood elevations and/or
larger floodway areas than are shown on FEMA flood maps and studies, shall be
reasonably used by the Floodplain Administrator.
C. When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have
been provided by FEMA:
1. Upon the issuance of a Letter of Final Determination by FEMA, the
preliminary flood hazard data shall be used and replace all previously
existing flood hazard data provided from FEMA for the purposes of
administering these regulations.
2. Prior to the issuance of a Letter of Final Determination by FEMA, the use of
preliminary flood hazard data shall only be required where no base flood
elevations and /or floodway areas exist or where the preliminary base
flood elevations or floodway area exceed the base flood elevations and/or
floodway widths in existing flood hazard data provided from FEMA. Such
preliminary data may be subject to change and/or appeal to FEMA.
D. The Floodplain Administrator shall make interpretations, where needed, as to the
exact location of the flood boundaries and areas of special flood hazard. A person
contesting the determination of the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in Section 5.0,
Appeals and Variances.
E. Where a map boundary showing an area of special flood hazard and field elevations
disagree, the base flood elevations or flood protection elevations (as found on an
elevation profile, floodway data table, established high water marks, etc.) shall prevail.
1140.42 Substantial Damage Determinations
Damages to structures may result from a variety of causes including flood, tornado, wind,
heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
A. Determine whether damaged structures are located in special flood hazard areas;
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B. Conduct substantial damage determinations for damaged structures located in special
flood hazard areas;
C. Make reasonable attempt to notify owners of substantially damaged structures of the
need to obtain a floodplain development permit prior to repair, rehabilitation, or
reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with
the substantial damage determination and subsequent repair process. These measures
include issuing press releases, public service announcements, and other public information
materials related to the floodplain development permits and repair of damaged structures;
coordinating with other federal, state, and local agencies to assist with substantial damage
determinations; providing owners of damaged structures materials and other information
related to the proper repair of damaged structures in special flood hazard areas; and assist
owners of substantially damaged structures with Increased Cost of Compliance insurance
claims.
1140.50 Use And Development Standards For Flood Hazard Reduction
The following use and development standards apply to development wholly within,
partially within, or in contact with any special flood hazard area as established in Section
1.6 or 3.11(A):
1140.51 Use Regulations (Amended OR 2014-9-90)
A. Permitted Uses
All uses not otherwise prohibited in this section or any other applicable land use
regulation adopted by the City of Hamilton, Ohio are allowed provided they meet
the provisions of these regulations.
B. Prohibited Uses
1. Private water supply systems in all special flood hazard areas identified by
FEMA, permitted under Section 3701 of the Ohio Revised Code.
2. Infectious waste treatment facilities in all special flood hazard areas, permitted
under Section 3734 of the Ohio Revised Code.
3. Critical services providers to include police and fire administrative offices and
storage facilities; hospitals; and federal, state, and municipal government
buildings and storage facilities.
4. Nursing Homes, daycares, or any others facilities that would require special
assistance in the case of a need for evacuation.
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1140.52 Water and Wastewater Systems
The following standards apply to all water supply, sanitary sewerage and waste disposal
systems not otherwise regulated by the Ohio Revised Code:
A. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems;
B. New and replacement sanitary sewerage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the
systems into flood waters; and,
C. On-site waste disposal systems shall be located to avoid impairment to or
contamination from them during flooding.
1140.53 Subdivisions and Large Developments
A. All subdivision proposals shall be consistent with the need to minimize flood
damage and are subject to all applicable standards in these regulations;
B. All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical, and water systems located and constructed to minimize flood
damage;
C. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
D. In all areas of special flood hazard where base flood elevation data are not
available, the applicant shall provide a hydrologic and hydraulic engineering
analysis that generates base flood elevations for all subdivision proposals and
other proposed developments containing at least 50 lots or 5 acres, whichever is
less.
E. The applicant shall meet the requirement to submit technical data to FEMA in
Section 3.10(A)(1)(d) when a hydrologic and hydraulic analysis is completed
that generates base flood elevations as required by Section 4.3(D).
1140.54 Residential Structures
A. Placement of new residential construction or new or used manufactured housing
within delineated special flood hazard areas is prohibited in the City of Hamilton,
Ohio.
B. Substantial improvements to existing residential structures shall be anchored to
prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a
structure, including its foundation members, is elevated on fill to or above the base
flood elevation, the requirements for anchoring (4.4(A)) and construction materials
resistant to flood damage (4.4(B)) are satisfied.
C. Substantial improvements to existing residential structures shall be constructed with
methods and materials resistant to flood damage.
D. Substantial improvements to existing residential structures shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities that are designed and/or elevated so as to prevent water from
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E.
F.
G.
H.
entering or accumulating within the components during conditions of flooding.
Substantial improvements to existing residential structures, including manufactured
homes, shall have the lowest floor, including basement, elevated to or above the flood
protection elevation.
Substantial improvements to existing residential structures, including manufactured
homes, that do not have basements and that are elevated to the flood protection
elevation using pilings, columns, posts, or solid foundation perimeter walls with
openings sufficient to allow unimpeded movement of flood waters may have an
enclosure below the lowest floor provided the enclosure meets the following
standards:
1. Be used only for the parking of vehicles, building access, or storage;
2. Are designed and certified by a registered professional engineer or architect to
automatically equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters; or
3. Have a minimum of two openings on different walls having a total net area not
less than one square inch for every square foot of enclosed area, and the bottom
of all such openings being no higher than one foot above grade. The openings may
be equipped with screens, louvers, or other coverings or devices provided that
they permit the automatic entry and exit of floodwaters.
Existing manufactured homes shall be affixed to a permanent foundation and
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy. Methods of anchoring may include, but are not limited to, use of overthe-top or frame ties to ground anchors.
Repair or rehabilitation of historic structures upon a determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and is the minimum necessary to preserve the
historic character and design of the structure, shall be exempt from the
development standards of Section 4.4.
1140.55 Nonresidential Structures
New construction and substantial improvement of any commercial, industrial or other
non- residential structure shall either have the lowest floor, including basement, elevated
to or above the level of the flood protection elevation; or, together with attendant utility
and sanitary facilities, shall meet all of the following standards:
1. Be dry floodproofed so that the structure is watertight with walls substantially
impermeable to the passage of water to the level of the flood protection elevation;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
3. Be certified by a registered professional engineer or architect, through the use of a
Federal Emergency Management Agency Floodproofing Certificate, that the design
and methods of construction are in accordance with Section 4.5(1) and (2).
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1140.56 Accessory Structures
Relief to the elevation or dry floodproofing standards may be granted for accessory
structures containing no more than 600 square feet. Such structures must meet the
following standards:
A. They shall not be used for human habitation;
B. They shall be constructed of flood resistant materials;
C. They shall be constructed and placed on the lot to offer the minimum resistance to the
flow of floodwaters;
D. They shall be firmly anchored to prevent flotation;
E. Service facilities such as electrical and heating equipment shall be elevated or
floodproofed to or above the level of the flood protection elevation; and
F. They shall meet the opening requirements of Section 4.4(E)(3).
1140.57 Recreational Vehicles
Recreational vehicles must meet the following standards:
A. They shall not be located on sites in special flood hazard areas for more than 180
days per calendar year, and
B. They must be fully licensed and ready for highway use.
1140.58 Gas or Liquid Storage Tanks
All above ground gas or liquid storage tanks located in a delineated special flood hazard
area shall be elevated at least one foot above the base flood elevation. In addition all tanks
whether above or in-ground located within a special flood hazard area shall be anchored to
prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
1140.59 Assurance of Flood Carrying Capacity
Pursuant to the purpose and methods of reducing flood damage stated in these regulations,
the following additional standards are adopted to assure that the reduction of the flood
carrying capacity of watercourses is minimized:
A. Development in Floodways
1.
2.
In floodway areas, development shall cause no increase in flood levels during
the occurrence of the base flood discharge. Prior to issuance of a floodplain
development permit, the applicant must submit a hydrologic and hydraulic
analysis, conducted by a registered professional engineer, demonstrating that
the proposed development would not result in any increase in the base flood
elevation; or
Development in floodway areas causing increases in the base flood elevation may
be permitted provided all of the following are completed by the applicant:
a.
b.
Meet the requirements to submit technical data in Section 3.10(A);
An evaluation of alternatives, which would not result in increased
base flood elevations and an explanation why these alternatives are
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c.
d.
e.
not feasible;
Certification that no structures are located in areas that would be
impacted by the increased base flood elevation;
Documentation of individual legal notices to all impacted property
owners within and outside the community, explaining the impact of
the proposed action on their property; and
Concurrence of the City Manager of Hamilton, Ohio and the Chief
Executive Officer of any other communities impacted by the
proposed actions.
B. Development in Riverine Areas with Base Flood Elevations but No Floodways
1.
2.
In riverine special flood hazard areas identified by FEMA where base flood
elevation data are provided but no floodways have been designated, the
cumulative effect of any proposed development, when combined with all other
existing and anticipated development, shall not increase the base flood elevation
more than 1.0 (one) foot at any point. Prior to issuance of a floodplain
development permit, the applicant must submit a hydrologic and hydraulic
analysis, conducted by a registered professional engineer, demonstrating that
this standard has been met; or,
Development in riverine special flood hazard areas identified by FEMA where
base flood elevation data are provided but no floodways have been designated
causing more than one foot increase in the base flood elevation may be
permitted provided an evaluation of alternatives which would not result in an
increase of one foot or less of the base flood elevation and an explanation why
these alternatives are not feasible is completed by the applicant.
C. Alterations of a Watercourse
For the purpose of these regulations, a watercourse is altered when any change occurs
within its banks. The extent of the banks shall be established by a field determination of
the “bankfull stage.” The field determination of “bankfull stage” shall be based on
methods presented in Chapter 7 of the USDA Forest Service General Technical Report
RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other
applicable publication available from a Federal, State, or other authoritative source. For
all proposed developments that alter a watercourse, the following standards apply:
1.
The bankfull flood carrying capacity of the altered or relocated portion of the
watercourse shall not be diminished. Prior to the issuance of a floodplain
development permit, the applicant must submit a description of the extent to
which any watercourse will be altered or relocated as a result of the proposed
development, and certification by a registered professional engineer that the
bankfull flood carrying capacity of the watercourse will not be diminished.
2.
Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio
Department of Natural Resources, Division of Water, must be notified prior to
any alteration or relocation of a watercourse. Evidence of such notification
must be submitted to the Federal Emergency Management Agency.
3.
The applicant shall be responsible for providing the necessary maintenance for
the altered or relocated portion of said watercourse so that the flood carrying
capacity will not be diminished. The Floodplain Administrator may require the
permit holder to enter into an agreement with the City of Hamilton specifying
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4.
the maintenance responsibilities. If an agreement is required, it shall be made a
condition of the floodplain development permit.
The applicant shall meet the requirements to submit technical data in
Section 3.10(A) (1) (c) when an alteration of a watercourse results in the
relocation or elimination of the special flood hazard area, including the
placement of culverts.
1140.60 APPEALS AND VARIANCES
1140.61 Appeals Board Established
A. The City of Hamilton Board of Zoning Appeals is hereby appointed to serve as the
Appeals Board for these regulations as established by the City of Hamilton Zoning
Ordinances Section 1160.00.
B. Records of the Appeals Board shall be kept and filed in the Planning Department
Offices at 345 High St. Hamilton, Ohio.
1140.62 Powers and Duties
A. The Appeals Board shall hear and decide appeals where it is alleged there is an error in
any order, requirement, decision or determination made by the Floodplain
Administrator in the administration or enforcement of these regulations.
B. Authorize variances in accordance with Section 5.4 of these regulations.
1140.63 Appeals
Any person affected by any notice and order, or other official action of the Floodplain
Administrator may request and shall be granted a hearing on the matter before the
Appeals Board as established by the Hamilton Zoning Ordinance. provided that such
person shall file, within sixty (60) days of the date of such notice and order, or other
official action, a brief statement of the grounds for such hearing or for the mitigation of
any item appearing on any order of the Floodplain Administrator’s decision. Such appeal
shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator.
Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all
pertinent information on which the Floodplain Administrator’s decision was made to the
Appeals Board.
Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the
appeal, give notice in writing to parties in interest, and decide the appeal within a
reasonable time after it is submitted.
1140.64 Variances
Any person believing that the use and development standards of these regulations would
result in unnecessary hardship may file an application for a variance. The Appeals Board
shall have the power to authorize, in specific cases, such variances from the standards of
these regulations, not inconsistent with Federal regulations, as will not be contrary to the
public interest where, due to special conditions of the lot or parcel, a literal enforcement of
the provisions of these regulations would result in unnecessary hardship.
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A. Application for a Variance
1.
Any owner or agent thereof, of property for which a variance is sought shall
make an application for a variance by filing it with the Floodplain Administrator,
who upon receipt of the application shall transmit it to the Appeals Board.
2.
Such application at a minimum shall contain the following information: Name,
address, and telephone number of the applicant; legal description of the
property; parcel map; description of the existing use; description of the
proposed use; location of the floodplain; description of the variance sought;
reason for the variance request, and the required fee.
B. Notice for Public Hearing
The Appeals Board shall schedule and hold a public hearing within thirty (30) days after
the receipt of an application for a variance from the Floodplain Administrator. Prior to
the hearing, a notice of such hearing shall be given in one (1) or more newspapers of
general circulation in the community at least ten (10) days before the date of the hearing.
C. Public Hearing
At such hearing the applicant shall present such statements and evidence as the Appeals
Board requires. In considering such variance applications, the Appeals Board shall
consider and make findings of fact on all evaluations, all relevant facts, and standards
specified in other sections of these regulations and the following factors:
1.
The danger that materials may be swept onto other lands to the injury of
others.
2.
The danger to life and property due to flooding or erosion damage.
3.
The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner.
4.
The importance of the services provided by the proposed facility to the
community.
5.
The availability of alternative locations for the proposed use that are not
subject to flooding or erosion damage.
6.
The necessity to the facility of a waterfront location, where applicable.
7.
The compatibility of the proposed use with existing and anticipated
development.
8.
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area.
9.
The safety of access to the property in times of flood for ordinary and
emergency vehicles.
10.
The expected heights, velocity, duration, rate of rise, and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the
site.
11.
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical, and water systems, and streets and bridges.
Variances shall only be issued upon:
1.
A showing of good and sufficient cause.
2.
A determination that failure to grant the variance would result in
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exceptional hardship due to the physical characteristics of the property.
Increased cost or inconvenience of meeting the requirements of these
regulations does not constitute an exceptional hardship to the applicant.
A determination that the granting of a variance will not result in increased flood
heights beyond that which is allowed in these regulations; additional threats to
public safety; extraordinary public expense, nuisances, fraud on or victimization
of the public, or conflict with existing local laws.
A determination that the structure or other development is protected by
methods to minimize flood damages.
A determination that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
3.
4.
5.
Upon consideration of the above factors and the purposes of these regulations, the
Board may attach such conditions to the granting of variances, as it deems necessary
to further the purposes of these regulations.
D. Other Conditions for Variances
1.
Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous
to and surrounded by lots with existing structures constructed below the base
flood level, providing items in Section 5.4(C)(1) to (11) have been fully
considered. As the lot size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
Any applicant to whom a variance is granted shall be given written notice that
the structure will be permitted to be built with a lowest floor elevation below
the base flood elevation and the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
2.
3.
1140.65 Procedure at Hearings
1.
2.
3.
4.
5.
6.
7.
8.
All testimony shall be given under oath.
A complete record of the proceedings shall be kept, except confidential
deliberations of the Board, but including all documents presented and a
verbatim record of the testimony of all witnesses.
The applicant shall proceed first to present evidence and testimony in
support of the appeal or variance.
The administrator may present evidence or testimony in opposition to the
appeal or variance.
All witnesses shall be subject to cross-examination by the adverse party or
their counsel.
Evidence that is not admitted may be proffered and shall become part of the
record for appeal.
The Board shall issue subpoenas upon written request for the attendance of
witnesses. A reasonable deposit to cover the cost of issuance and service
shall be collected in advance.
The Board shall prepare conclusions of fact supporting its decision. The
decision may be announced at the conclusion of the hearing and thereafter
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issued in writing or the decision may be issued in writing within a
reasonable time after the hearing.
1140.61
Appeal to the Court
Those aggrieved by the decision of the Board of Zoning Appeals may appeal such decision
to the Butler County Court of Common Pleas, as provided in Chapter 2506 of the Ohio
Revised Code.
1140.70 Enforcement
1140.71 Compliance Required
A.
B.
C.
No structure or land shall hereafter be located, erected, constructed, reconstructed,
repaired, extended, converted, enlarged or altered without full compliance with the
terms of these regulations and all other applicable regulations which apply to uses
within the jurisdiction of these regulations, unless specifically exempted from filing
for a development permit as stated in Section 3.9.
Failure to obtain a floodplain development permit shall be a violation of these
regulations and shall be punishable in accordance with Section 6.3.
Floodplain development permits issued on the basis of plans and applications
approved by the Floodplain Administrator authorize only the use, and arrangement,
set forth in such approved plans and applications or amendments thereto. Use,
arrangement, or construction contrary to that authorized shall be deemed a
violation of these regulations and punishable in accordance with Section 6.3.
1140.72 Notice of Violation
Whenever the Floodplain Administrator determines that there has been a violation of any
provision of these regulations, he shall give notice of such violation to the person
responsible therefore and order compliance with these regulations as hereinafter provided.
Such notice and order shall:
A. Be put in writing on an appropriate form;
B. Include a list of violations, referring to the section or sections of these regulations that
have been violated, and order remedial action, which, if taken, will effect compliance with
the provisions of these regulations;
C. Specify a reasonable time for performance;
D. Advise the owner, operator, or occupant of the right to appeal;
E. Be served on the owner, occupant, or agent in person. However, this notice and order
shall be deemed to be properly served upon the owner, occupant, or agent if a copy
thereof is sent by registered or certified mail to the person’s last known mailing address,
residence, or place of business, and/or a copy is posted in a conspicuous place in or on the
dwelling affected.
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1141.00
EXTRACTION OF MINERALS
1141.10 Purpose: It is the purpose of this regulation to minimize the adverse effects that mining
operations may have on adjacent properties, to effect certain safety measures during
operations, and to effect necessary restoration measures before such areas are
abandoned.
1141.20 General Requirements: Any owner, lessee or other person, firm or corporation having an
interest in mineral lands in any district, may file with the zoning board of appeals an
application for authorization to mine minerals therefrom, provided, however, that he
shall comply with all requirements of the District in which said property is located and
with the following additional requirements:
1141.21
Distance From Property Lines: No quarry operations shall be carried on, nor any
stock pile placed closer than twenty-five (25) feet from any property line or public
right-of-way line.
1141.22
Fencing: Fencing shall be erected and maintained around the entire site or portions
thereof where, in the opinion of the Board, such fencing is necessary for the
protection of the public safety and shall be of a type specified by the Board.
1141.23
Operations: All operations on the site shall be conducted in such manner as to
minimize dust, noise and vibration. Access roads shall be maintained in a dust-free
condition.
1141.24
Processing: Crushing, washing and refining or other similar processing may be
authorized by the Board as an accessory use.
1141.30 REHABILITATION: Mined-out areas shall be restored, rehabilitated or reclaimed as
specified by the Board according to the following:
1141.31
Water areas: Where excavation has been made to water-producing depth, such
excavation shall be continued to a minimum of five (5) feet below the low water
mark; or shall be graded or backfilled with non-noxious, non-inflammable and noncombustible solids to prevent the collection of stagnant water.
1141.32
Land areas: Land surface areas shall be rehabilitated with a four (4) inch layer of
loam soils and appropriate grasses to re-establish and maintain the vegetation
level and to control erosion.
1141.33
Slopes: All excavations shall be graded to a maximum slope of three feet horizontal
to one-foot vertical and suitable ground cover, or grasses, shall be maintained to
control erosion.
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1141.40
1141.41
332
ADMINISTRATIVE CONTROL: The Board of Zoning Appeals shall receive and review an
application for such operation and, upon determination that said application is
descriptive of the contemplated operation and the Board is satisfied with the proposed
plan for restoration, reclamation and rehabilitation of such land, shall set the matter for
public hearing according to the provisions of Section 1160.00.
Performance Bond: To guarantee that such plan for restoration, reclamation and
rehabilitation shall be carried out within a reasonable time and to the satisfaction of
the Board, the applicant shall furnish a performance bond running to the City of
Hamilton, in an amount to be established by the Board of Zoning Appeals, such
amount to be not less than one thousand ($1,000.00) Dollars.
1142.00 Wireless and Cellular Telecommunications Structures and Facilities
(Originally, Chapter 1142.00 referred to Planned Development Procedures, this was repealed by OR
96-6-61; with EOR 97-90105, Wireless and Cellular Telecommunications Structures and Facilities
was adopted as Chapter 1142.00)
1142.10
Purpose: It is the purpose of this Section to regulate the placement, construction, and
modification of Wireless and Cellular Telecommunications Towers and Facilities in order
to protect the health, safety and welfare of the public, while at the same time not
unreasonably interfering with the development of the competitive wireless and cellular
telecommunications marketplace in the City of Hamilton. Specifically the purposes of
these regulations are:
A) To regulate the location of Wireless and Cellular Telecommunications Towers and
Facilities within the City;
B) To protect residential areas and land uses from potential adverse impacts of
Wireless and Cellular Telecommunications Towers and Facilities;
C) To minimize adverse visual impacts of Wireless and Cellular Telecommunications
Towers and Facilities through careful design, siting, landscaping, and innovative
camouflaging techniques and a reduction of the need for new Towers;
D) To promote and encourage shared use/co-location of Wireless and Cellular
Telecommunication Facilities as a primary option rather than encouraging the
construction of additional single-use towers;
E) To avoid potential damage to adjacent properties caused by Wireless and Cellular
Telecommunications Towers and Facilities by ensuring such structures are soundly
and carefully designed, constructed, screened, modified, maintained, and removed;
F) To the greatest extent feasible, ensure that Wireless and Cellular
Telecommunications Towers and Facilities are compatible with surrounding land
uses;
G) To the greatest extent feasible, ensure that proposed Wireless and Cellular Telecommunications Towers and Facilities are designed in harmony with natural
settings and in a manner consistent with current development patterns.
1142.20
Applicability: All Wireless and Cellular Telecommunications Towers and Facilities, any
portion of which are located within the City of Hamilton, are subject to these regulations.
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1142.21
Non-Conforming Telecommunications Facilities: Except as provided in this Chapter,
any use being made of an existing Tower or Antenna Support Structure on the
effective date of the Zoning Ordinance and Amendments thereto (herein known as
“Non-Conforming Structures”) shall be allowed to continue, even if in conflict with
these regulations. Any Tower site that has received City approval in the form of a
building permit, but which has not yet been constructed, shall be considered a Nonconforming Structure so long as such approval is current and has not expired.
However, the owner/service provider must still comply with any registration
requirements as set forth in this Chapter. Furthermore, the co-location of equipment
on a non-conforming facility or changes to any associated equipment must comply
with the requirements of this Chapter.
1142.22
Exempt Telecommunication Facilities: Wireless and Cellular Tele-communications
Facilities which are exempt from the regulations of this Chapter include, but are not
limited to, the following - unless located within a Historic District. However,
locational requirements still apply. Satellite earth stations and other antennas may
not be located in front of a structure. They are to be located only in a yard to the rear
of the principal building and outside of any required side or rear yard setbacks.
Where a corner lot has no rear yard, the station or antenna may be located in a nonrequired interior side yard. If any aspect of the below listed provisions (for items A
through G) is exceeded, the telecommunication facility will no longer be deemed
exempt from the provisions of this Chapter and will become subject to all
requirements as listed herein.
Exemption from the requirements of this Chapter does not exempt the below listed
facilities from applicable requirements of the Building, Health or Fire Codes. A
building permit is required for all such facilities where the support structure, to
which an antenna is to be affixed or mounted, exceeds (12) feet in height.
Exemptions
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A)
A single ground or building mounted receive-only radio or television antenna
including any mast, for the sole use of the occupant of a residential parcel on
which the radio or television antenna is located; with an antenna height not
exceeding twenty-five feet (25');
B)
A ground or building mounted citizens band radio antenna including any mast,
if the height (post and antenna) does not exceed twenty-five feet (25');
C)
A ground, building, or tower mounted antenna operated by a federally
licensed amateur radio operator as part of the Amateur Radio Service,
subject to the locational requirements of this Section, unless the applicant
for an amateur radio tower/antenna can demonstrate that an alternative
location is technically necessary to successfully engage in amateur radio
communications.
D)
A ground or building receive-only radio or television satellite earth station
(satellite dish) which does not exceed one meter (39.37 inches) in diameter,
for the sole use of the resident or establishment occupying the parcel on which
the satellite dish is located; provided the height of said dish does not exceed
the height of the ridge line of the principal structure on said parcel;
1142.30
E)
Mobile Services providing public information coverage of a news event of a
temporary nature;
F)
Hand held devices such as cell phones, business-band mobile radios, walkietalkies, cordless phones, garage door openers and similar devices as
determined by the Planning Director;
G)
Government owned and operated receive and/or transmit telemetry station
antennas for supervisory control and data acquisition (SCADA) systems for
water, flood alert, traffic control devices and signals, storm water, pump
stations and/or irrigation systems and similar uses, with heights not exceeding
thirty-five feet (35').
General Requirements:
1142.31
Zoning Districts Where Permitted:
A)
Satellite Earth Stations Satellite Earth Stations having a diameter in excess of one
meter (39.37") but less than 3.6 meters (144") in diameter are permitted as an
accessory structure to any principally permitted use of any Zoning District
provided they meet all of the conditions as listed in Section 1142.50
B)
New Tower Construction New construction of Wireless and Cellular
Telecommunications Towers [not including towers used for amateur radio
operations as exempted in Section 1142.22], and their associated antennas and
equipment buildings are permitted in B-1, B-2, B-3, I-1, I-2 and IPD zoning
districts only as a Conditional Use; approval of such is required by the City
Council. Notice of the Planning Commission meeting to review the Conditional
Use shall be mailed to all property owners within 500 feet of the subject property
within 10 calendar days of such meeting. Where the City Council denies such a
request for Conditional Use it shall furnish written notice to the applicant setting
forth the reasons why it denied the application.
C)
Existing Facilities
Wireless and cellular telecommunications antennas and
associated facilities, which are proposed to be attached to existing structure
located in the B-1, B-2, B-3, I-1, I-2, MS-2, MS-3, DT-1, DT-2, DT-3, UCP-1, and UCP2 Districts are Principally Permitted provided they meet all the requirements
listed in Section 1142.70. (OR2013-2-22)
D)
Facilities located on Publicly Owned Property The City of Hamilton and other
public entities may lease publicly owned property for Wireless and Cellular
Telecommunications antennas, towers and associated facilities. Publicly owned
property available for lease, may be located within any zoning district in the City,
provided that all requirements, as set forth in Section 1142.80 are met.
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1142.32 Registration of Telecommunications Owners and Service Providers - Requirement
and Purpose: All Wireless/Cellular Telecommunications Owners and service
providers that offer or provide any telecommunications services for a fee directly to
the public, either within the City of Hamilton, or outside the corporate limits from
telecommunications facilities located within the City, shall be required to register
with the City of Hamilton Planning Department. It is the purpose of registration
under this Section to:
1)
Provide the City with accurate and current information concerning the
telecommunication owners and service providers who offer or provide
telecommunications carriers within the City, or that own or operate
telecommunications facilities with the City;
2)
Assist the City in the enforcement of this Chapter;
3)
Assist the City in monitoring compliance with local, State and Federal
laws.
A) Information/Permit Required The City of Hamilton Planning Department shall
provide registration forms. Said registration/permit must be renewed bi-annually,
at the beginning of each even-numbered year regardless of when the facility was
originally permitted. The owner/service provider must submit the permit
registration/application to the Planning Department of the City of Hamilton
between January 1 and February 1 of the applicable year. The registration form
must be accompanied by the following information:
1)
A description of the telecommunications services that the registrant
intends to offer or provide, or is currently offering or providing, to
persons, firms, businesses or institutions within the City.
2)
Information sufficient to determine that the applicant has applied for and
received any construction permit, operating license or other approvals
required by the Federal Communications Commission (FCC) to provide
telecommunications services or facilities within the City.
3)
For any telecommunication facilities which are co-located: provide
information as to the names of other service providers located on the
tower, and the expiration date of the lease for co-location.
4)
Signed Indemnification/Liability Agreement and/or Facility
Maintenance/Removal Agreement.
B) Registration Fee: Each application for registration as a telecommunications
owner or service provider shall be accompanied by a fee as set forth by the City
Council.
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C) Amendment: Each telecommunications registrant (owner\service provider)
shall inform the City, within sixty (60) days, of any change of the information
required on the registration form. With regard to a telecommunications tower,
the owner of tower shall be responsible for notifying the City of any changes in
ownership or operation of the tower itself. Any service providers which colocate on a tower are responsible for notifying the City when its lease expires
and when it no longer actually co-locates on the tower.
1142.33 Shared Usage and Co-Location: The owner\service provider must prove that the
requested wireless and cellular telecommunication use is necessary and essential at the
particular location proposed for the proper rendition of the service. Shared usage of
towers and transmission facilities is encouraged and towers should be designed to
accommodate such uses including municipal telecommunication needs. The following
guidelines shall be met by the telecommunications registrant (owner\service provider):
A)
Co-Location: Telecommunication Owners/Service Providers must co-locate
except where they can demonstrate by clear and convincing evidence that their
tower antennas cannot be located on any other existing communications tower,
building, or structure in the geographic area to be served, and that all
reasonable means have been taken to avoid any undue impact caused by
“clustering” of more than two facilities within an area.
Notice: Telecommunications Owners\Service Providers must send, by certified mail, an
announcement to all other existing tower users in the geographic area to be served stating their siting
needs and/or sharing capabilities. In determining whether a tower antenna can or cannot be located
on another communication tower, building, or structure, the City shall consider the space available on
the existing structure, the technological practicability of the co-location, and other factors deemed
appropriate by the City. A copy of the communication and all responses thereto must be provided to
the City.
B)
Capacity: If a new wireless/cellular telecommunications tower is constructed, it
shall be designed to have three to four times the capacity of the intended use in
order that secondary users could lease the balance of the tower capacity at a
reasonable rate. Subsequent telecommunications service providers cannot be
denied space on a tower unless mechanical, structural or regulatory factors
prevent co-location.
C)
Parking: Appropriate shared parking and access must be provided for colocated facilities on one tower.
1142.34 Liability and Insurance
A)
Liability: The Wireless/Cellular Telecommunications Facility owner/service
provider shall be liable for any and all damages, injury to persons or property or
pollution which may result from the construction or operation of said facility
within the City. The owner/service provider will hold harmless the City of
Hamilton, or any of its boards, commissions, agents, officers and employees
against all claims, demands, suits, causes of action and judgment due to any
damage caused by the operation or construction of Wireless and Cellular
Telecommunications Facilities.
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B)
Insurance: The owner\service provider shall maintain in force insurance in an
amount adequate to protect the applicant, its agents and employees from all
liability in connection with the use operation or maintenance of the
Wireless/Cellular Telecommunications Facility.
1142.40
Application Requirements: Owners\Service Providers of telecommunication Facilities
proposing to locate or operate within the City must make application to the Hamilton
City Planning Commission for permission to do so. Said applicant may wish to submit a
preliminary development plan to the Planning Director in order to receive guidance and
direction prior to submitting the formal application. An Application Form is required
and shall be accompanied by the following information:
1142.41 Required Information:
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A)
General: Type and size of the proposed facility, the location, method of
attachment, height and diameter of proposed facility, the maximum output
power (wattage) of the facility, security considerations, anti-climbing
measures, fencing and screening;
B)
Proof of Approval: Written proof that the telecommunications proposal has been
approved by all agencies and governmental entries with jurisdiction, including,
but not limited to, the Ohio Department of Transportation (ODOT) Federal
Aviation Administration (FAA), the Butler County Regional Airport Authority, the
Federal Communications Commission (FCC) , including successors to their
respective functions.
C)
Accessory Equipment: The type of accessory equipment and/or equipment
building located at each Telecommunications tower site.
D)
Service Area: The service area or ground network maps served by each tower.
A “master plan” for all related facilities within the City limits of Hamilton and
within one-quarter mile of the corporate limits showing all existing sites or
candidate sites under consideration.
E)
Address Listing When a new wireless and cellular telecommunications tower is
proposed pursuant to 1142.31.B, the applicant shall provide a list of surrounding
property owners within 500 feet of the property including the tax mailing
address on record with the Butler County Auditor for use in notifying property
owners within 500 feet of the proposed Conditional Use.
1142.42 Plan Requirements: For each proposed tower facility being applied for, there must be
the following:
A)
A fully scaled and dimensioned site plan showing the parcel on which the
proposed tower and any equipment building(s) is to be located. The site plan
shall also include points of access into the site, proximity to adjacent property
lines, parking facilities, and any other site specific issues relative to the granting
of this application. Aerial photos and/or renderings may augment the plot plan.
B)
Detailed drawing of a screening plan and related design standards.
C)
Type and size of the tower at each location.
D) The type of accessory equipment and/or equipment building located or proposed
on each tower.
E)
Type, size and location of any equipment buildings to be used by the tower for
which the application is being submitted.
F)
The space available on the tower for additional equipment, detailing the number
additional users who may use the tower.
G)
The ground network, if any, served by the tower.
1142.43 Notification Copies of all certified mail announcements to other tower users must be
attached to the application, see Section 1142.33(B) herein.
1142.50 Design Standards For Satellite Earth Stations
1142.51 Location: Satellite earth stations may only be located in a yard to the rear of the
principal building and outside of any required side or rear yard setbacks. Where a
corner lot has no rear yard, the station may be located in a non-required interior side
yard. It may not be attached to the roof of the principal building unless the applicant can
prove that such location is necessary and essential for proper reception.
1142.52 Height: No portion of a satellite earth station shall exceed a height of thirteen (13') feet
from the grade at the building line of the lot on which it is located or, if a roof location is
proven to be necessary as outlined in Section 1142.51, from the roof line of the principal
building.
1142.53 Maximum Number of Satellite Earth Stations Per Lot: One (1), except for multi-family
residential structures where one Satellite Earth Station per principal structure shall be
permitted.
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1142.60 Design Standards For Free-Standing Towers
1142.61 Location: As set forth in Section 1142.31C; in addition, as set forth in Section 1142.43
(Shared Usage and Co-Location), the applicant proposing to construct a new freestanding wireless and cellular telecommunications tower must prove that such use is
necessary and essential at the particular location proposed for the proper rendition of
the service. Telecommunications facilities are subject to airport land use compatibility
criteria/policies and FAA regulations. Prior to approval of the wireless/cellular
telecommunications facility, compliance with this Section shall be presented to the City.
1142.62 Minimum Lot Size: The minimum size of any tower site shall be two (2) acres of which
only one tower may be permitted on the site.
1142.63 Setbacks and Yard Requirements: No towers shall be located nearer to a residential
district than 250 feet, or less than one-third (1/3) of the height of the proposed tower
from any property lines, whichever is the greater.
1142.64 Fencing and Screening: Wireless/cellular telecommunications towers and associated
facilities shall be enclosed by security fencing appropriately screened. All
telecommunications towers and equipment shall be enclosed with a minimum six foot
(6') height solid and opaque fence or, if an open (chain-link) type fence is utilized, it
must be combined with screening through the use of a continuous evergreen hedge at
least forty-eight inches (48") high at planting and capable of growing to at least fifty-four
inch (54") in height within 18 months; all such screening shall be located behind the
specified setback lines. No barbed wire or razor wire shall be permitted where the site is
situated within 500 feet of a residential use or district. Existing vegetation (trees and
shrubs) shall be preserved to the maximum extent possible. The applicant is responsible
to install and maintain such security fencing and screening in good condition.
1142.65 Aesthetics and Design: The Telecommunications Facility must be aesthetically and
architecturally compatible with the surrounding environment. All Telecommunications
towers shall be a non-contrasting blue-gray or similar color that matches the typical sky
color at that location designed to minimize the visibility of the facility to the greatest
extent possible, unless otherwise required by the Federal Communications Commission
(FCC) or Federal Aviation Administration (FAA). The telecommunications tower/ facility
owner/operator is responsible for maintaining the appearance of all structures and
equipment in good condition, and all surfaces absent of flaking or peeling paint, and rust.
1142.66 Structural Requirements: All wireless and cellular telecommunications towers and
facilities must comply with applicable provisions of the Ohio Basic Building Code. In
addition, all towers must meet or exceed standards and regulations of the FAA, FCC, and
any other agency of the federal government having the authority to regulate towers and
antennas.
1142.67 Lighting: Lights, beacons or strobes of any kind shall not be permitted on any tower
antenna or associated equipment unless required by the Federal Aviation
Administration. When lighting is required by the FAA, the requirements thereof must be
presented to the City prior to City approval of the facility. Lighting, when required, shall
be oriented so as not to project any beam of light toward surrounding residential
property.
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1142.68 Height: The applicant must show that the proposed height of the tower is reasonably
necessary to render satisfactory service to all parts of the service area and to
accommodate co-location.
1142.69 Accessory Buildings: The maximum size of any accessory building, such as those used to
shelter equipment shall not exceed 400 square feet per user of the telecommunications
facility. In addition, all accessory buildings shall meet setback requirements as set forth
in the appropriate district regulations. In instances where there are multiple users of a
commercial or industrial lot, a minimum distance of twenty feet (20') between the
Wireless/Cellular Telecommunication Facilities and other non-related buildings located
on the same site structures shall be maintained.
1142.69.1 Parking Facilities Equipment at a Wireless/Cellular Telecommunications Facility
shall be automated to the greatest extent possible to reduce traffic and congestion.
Existing roads shall be used for access wherever possible, and be upgraded to the
minimum amount necessary to meet standards specified by the Engineering
Department. Existing parking areas shall, wherever possible be used. Any new
parking areas constructed shall provide an area equal to 320 square feet (2 spaces).
1142.69.2 Signage No advertising is permitted anywhere on the wireless and cellular
telecommunication tower or facility, with the exception that one identification sign,
not to exceed five (5) square feet shall be permitted. In addition, no more than four
“No Trespassing” signs, with a maximum of two (2) square feet each, may be posted
around the facility; these are to include the telephone number of who to contact in the
event of an emergency.
1142.70 Design Standards For Antennas And Telecommunication Equipment On Existing
Structure Approval of applications for Wireless and Cellular Telecommunications
Antennas and Equipment, which are proposed to be located on an existing structure will
require the review and approval of the Planning Commission; a plan showing the
locations of existing and future facilities as well as a detailed drawing of the proposed
facilities is required with the application submission. Note that Planning Commission
approval does not constitute a waiver of any requirements relative to a building permit.
Other design standards set forth in Section 1142.60 shall apply except as hereafter
modified
1142.71
Location Wireless and Cellular Telecommunication antennas and equipment, to be
located on existing structures as set forth in Section 1142.31D, are subject to
meeting setback requirements and the standards of this Section. Existing structures
may include, but is not limited to, the following: billboards, telephone poles, lighting
standards or other structures.
1142.72
Aesthetics and Design Antennas and telecommunication equipment on existing
structures must be aesthetically and architecturally compatible with the
surrounding environment (i.e. match the color and/or materials as the structure to
which it is attached). Aesthetic and architectural compatibility shall be subject to
review by Planning Commission.
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1142.73
Height The maximum height of such communication equipment shall not exceed the
lesser of 25 feet or 25% of the height of the structure on which it is located and must
be set back from the edge of the building a distance equal to the height of the
equipment. Any equipment which will not extend more than 10 feet above the
height of the building is exempt from the setback requirement in this paragraph.
1142.80 Design Standards For Wireless And Cellular Telecommunications Towers, Antennas And
Equipment On Publicly Owned Property. The City encourages the location of wireless
and cellular telecommunications facilities on publicly owned property, thereby reducing
the visual impact of such facilities. Although this use is Principally Permitted, review and
approval by the Planning Commission is required. The City shall undertake an
identification of publicly owned properties that the City determines are suitable for such
use and shall regularly update such identification and make the results of such
identification available to the public. Persons locating such facilities upon such identified
publicly-owned properties shall be exempted from the requirement to present proof that
co-location of facilities on towers or structures owned by other persons or in other
locations is not available. Said facilities are subject to the following standards:
1142.81
Existing Structures Antennas/Facilities attached to an existing structure are subject
to the requirements and design standards, as set forth in Section 1142.70, shall apply
except as hereafter modified.
A)
1142.82
Location: Wireless and Cellular Telecommunication antennas and
equipment on existing identified publicly-owned structures may include, but
is not limited to, the following: public safety telecommunications towers,
water towers, the roof of government buildings or schools, utility poles, and
similar locations. There is no minimum lot size required, provided all
setbacks can be met.
New Construction of Freestanding Towers Requirements and Design Standards for
Wireless/Cellular Telecommunications equipment on freestanding towers
constructed on publicly owned property as set forth in Section 1142.60 shall apply.
1142.90 Maintenance Of Wireless/Cellular Telecommunication Facilities, Facility Removal, And
Abandonment As a part of the Wireless/Cellular Telecommunication facility
Registration the applicant shall agree that the applicant/service provider/owner and
successors-in-interest, must properly maintain the Wireless/Cellular Telecommunications Facility and to ultimately remove such facility as required by this
Chapter
1142.91
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Maintenance: Neither the owner(s) of the property on which the Wireless/
Cellular Telecommunications Facilities are located, nor the service provider in
charge of the facility shall permit such property/facilities to fall into a state of
disrepair. All towers, antennas, equipment and related structures shall be
maintained in accordance with the requirements of the Zoning Ordinance and
other ordinances or regulations as may be applicable. In addition, it shall be the
responsibility of the owner/service provider to ensure that the site, on which the
Telecommunications Facility is located, is kept free of weeds and trash.
The applicant shall submit a certified inspection report at least once every five years
to ensure the continuing structural integrity of the tower and accessory structures.
If the report recommends that repairs are required, then a letter shall be submitted
to the City to verify to the City that such repairs have been completed.
1142.100 Removal Of Wireless/Cellular Telecommunications Towers And Facilities And
Abandonment Each Wireless/Cellular Telecommunication Facility owner/service
provider shall furnish the City’s Department of Planning a copy of the most recent FCC
license for each such facility located within the City Limits. The submission shall be
made on a bi-annual basis in conjunction with the required bi-annual Registration. All
service providers utilizing towers shall present a report to the Planning Director, or his
designee, notifying the City of any tower facility located in the City whose use will be
discontinued and the date this use will cease. It shall be the responsibility of the
property owner and/or service provider to remove the tower, antennas, buildings and
any equipment associated therewith within 6 months of discontinuing the
telecommunications operations.
1142.101 Declaration of Abandonment If at any time the use of said towers and facilities for
Wireless/Cellular Telecommunications has ceased for the 6 month period but has
not been removed by the owner/service provider during this time, the City may
declare said facility abandoned and a public nuisance (this excludes any dormancy
period between construction and the initial use of the facility). The facility’s
owner/service provider will receive written notice from the City, and be instructed
to either reactivate the facility’s use within 30 days, or dismantle and remove the
facility.
1142.102 Public Hearing: The City shall provide the tower owner/service provider with the
right to a public hearing before the Planning Commission; request for said hearing
must be made to the Planning Director within fourteen (14) days of the City’s
written notice (required in Section 1142.91). All interested parties shall be
allowed an opportunity to be heard at the public hearing.
1142.103 Demolition If reactivation or dismantling of said facility does not occur within the
30-day reactivation/removal period specified in Section 1142.92, the Planning
Commission may order the demolition of the tower and related facilities. The City
may employ all legal measures, including, if necessary, obtaining authorization
from a court of competent jurisdiction, to remove the tower and facilities, and after
removal may place a lien on the subject property for all direct and indirect costs
incurred in dismantling and disposal of the facilities, including court costs and
reasonable attorney fees.
1142.110 FEES: Fees related to Wireless/Cellular Telecommunication Facilities, are as set forth in
Section 1190.00 (Fee Schedule) of this Ordinance.
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1143.00 HAMILTON-BUTLER COUNTY REGIONAL AIRPORT* REGULATIONS
(*aka Hamilton-Fairfield Regional Airport) (EOR 00-10-116)
1143.10 Purpose: It is the purpose of Chapter 1143.00 of the Hamilton Zoning Ordinance No.
7503, inclusive, to regulate land uses within the Airport Safety Area of the HamiltonButler County Regional Airport, aka Hamilton-Fairfield Regional Airport, in order to
minimize injury, loss of life, and hazards to the safety of persons or to the security of
property within such zones, and to assist in the implementation of policies and
recommendations of the Hamilton, Fairfield and Butler County Comprehensive Plan,
the Airport Master Plan, the OKI Managing Mobility: Year 2010 Regional Transportation
Plan, and the State of Ohio’s Multi-Modal Transportation Plan.
1114.20 Interpretation: In their interpretation and application, the provisions of this Chapter
shall be held to be minimum requirements, adopted for the promotion of the public
health, safety, and the general welfare. In the event of conflict between the requirements
of this Chapter and any other requirements of any other lawfully adopted rules,
regulations, ordinances, or resolutions applicable to the same area, the most restrictive
limitations or requirements best calculated to insure safety, or that imposing higher
standards, shall govern.
1143.30 Separability: Should any section or provision of this Chapter be declared by the courts to
be unconstitutional or invalid, such decision shall not affect the validity of the Chapter
as a whole, or any part thereof other than the part so declared to be unconstitutional or
invalid.
1143.40 Adoption: The Council of the City of Hamilton, Ohio, hereby adopts the provisions set
forth in this Chapter specifying permitted land uses within each zone of the Airport
Safety Area within its corporate limits.
1143.50 Airport Zoning Districts: The Airport Zoning Districts set forth in Sections 1143.51
through 1143.54 are hereby established as the Hamilton-Butler County Regional Airport
Overlay Zoning for all property in the Airport Safety Area within the corporate limits of
the City, and such Airport Safety Area shall be governed by the regulations set forth
below for each Zoning District.
1143.51 Airport Zoning District One (AZD-1)
(1) AZD-1 encompasses land lying within the runway primary surface
(2) Permitted uses within AZD-1 include open space and permitted airport uses.
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1143.52 Airport Zoning District Two (AZD-2)
(1)
AZD-2 encompasses land underlying the inner approach, the middle
approach and the inner transitional surface.
(2)
Permitted uses within AZD-2 include open space, agriculture and airport
related uses, and those uses permitted by the local zoning of jurisdiction,
unless prohibited herein.
(3)
Those uses specifically prohibited include landfills, transfer stations,
sewage ponds, sludge disposal, water reservoir, feed lots, slaughter houses,
water fowl production, wildlife refuge/sanctuary, fish processing. Lakes or
ponds intended to attract or harbor water fowl are prohibited, unless it is
an integral part of the site’s storm drainage system which is required by the
local jurisdiction.
(4)
Those uses specifically prohibited from the “Approach Surface” area in AZD2 include those areas in Section 1143.52(3), residential uses, nursing care
facilities, hospitals, and schools.
1143.53 Airport Zoning District Three (AZD-3)
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(1)
AZD-3 encompasses land underlying the outer approach surface and the
middle transitional surface.
(2)
Permitted uses within AZD-3 include open space, agriculture, airport related
uses, and those permitted by the local jurisdiction, unless prohibited herein.
(3)
Those prohibited uses include landfills, transfer stations, sewage ponds,
sludge disposal, water reservoir, feed lots, slaughter houses, water fowl
production, wildlife refuge/sanctuary, fish processing. Lakes or ponds
intended to attract or harbor water fowl are prohibited, unless it is an
integral part of the site’s storm drainage system which is required by the
local jurisdiction. For the purposes of this section, prohibited uses shall not
include existing public or private wastewater treatment facilities. These
facilities shall not be considered non-conforming and shall not be limited or
constrained as to the future use, operation, maintenance, expansion, and/or
upgrading of the facility.
(4)
Residential development occurring within the “Approach Surface” or
“Transitional Surface” in AZD-3 shall include deed covenants and restrictions
notifying the occupants that they reside within the “Airport Safety Area” of
the airport and acknowledge the continued use of the airport for its current
purposes. The note shall read “This plat/parcel(s) is within the Airport Safety
Area for the Hamilton-Butler County Regional Airport” Platted subdivisions
shall include this note on the final plat.
1143.54
Airport Zoning District Four (AZD-4)
(1)
AZD-4 encompasses land underlying the horizontal surface, conical surface,
and the outer transitional surface.
(2)
Permitted uses within AZD-4 include open space, agricultural, airport related
uses, and those permitted by the local zoning of jurisdiction, unless prohibited
herein.
(3)
Those prohibited uses include landfills, transfer stations, sewage ponds,
sludge disposal, water reservoir, feed lots, slaughter houses, water fowl
production, wildlife refuge/sanctuary, fish processing. Lakes or ponds
intended to attract or harbor water fowl are prohibited, unless it is an integral
part of the site’s storm drainage system which is required by the local
jurisdiction. For the purposes of this section, prohibited uses shall not include
existing public or private wastewater treatment facilities. These facilities shall
not be considered non-conforming and shall not be limited or constrained as
to the future use, operation, maintenance, expansion, and/or upgrading of the
facility.
(4)
Residential development occurring within the “Approach Surface” of AZD-4
extending from the AZD-3 “Approach Surface” to the outer limits of the
approach surface, or to the “Outer Marker”, whichever is greater, shall include
deed covenants and restrictions notifying the occupants that they reside
within the “Airport Safety Area” of the airport and acknowledge the continued
use of the airport for its current purposes. The note shall read “This
plat/parcel(s) is within the Airport Safety Area for the Hamilton-Butler
County Regional Airport” Platted subdivisions shall include this note on the
final plat.
Notwithstanding any other provision of Sections 1143.50 through 1143.54, no use may be
made of land within any zone established by said Sections in such a manner as to create
electrical interference with radio communication between the airport and aircraft, to make it
difficult for pilots to distinguish between airport lights and other lights, to create glare in the
eyes of pilots using the airport, to impair visibility in the vicinity of the airport or to otherwise
endanger the landing, taking off, or maneuvering of aircraft.
Notwithstanding any other provision of Sections 1143.50 through 1143.54, no use may be
made of and no installation may be placed on land within any airport zone that will produce
smoke, fumes, gases, or odors that would interfere with the safe use by aircraft of the airport.
Notwithstanding any other provisions of said Sections 1143.50 through 1143.54, no use may be
made of, and no installation may be placed on, land within any airport zone for rifle ranges,
public or private, or private aircraft landing fields, which would interfere with the safe use by
aircraft of the airport.
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1143.60 Zoning Map: The districts established in Sections 1143.50 through 1143.54 shall be
included and shown on the City’s Official Zoning Map provided by Section 1103.00
hereof, which, together with all data, references, explanatory material and notations
thereon, are hereby officially adopted as part of this Chapter and hereby incorporated
by reference herein, thereby having the same force and effect as if herein fully described
in writing.
The Zoning Map for the aforesaid districts shall indicate the maximum elevations for
buildings and structures within each district. The height of any building, structure or
aperture shall not exceed the elevations indicated on the map except as provided by
a “Blanket Approval” from the FAA and described in Section 1143.100 of the Chapter.
1143.70 Non-Conforming Uses: Where, at that time of adoption of this Chapter, lawful uses of land
exist which would not be permitted by the regulations imposed herein, the uses may be
continued so long as they remain otherwise lawful, provided:
(1) No such non-conforming uses shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date of adoption
of the Chapter;
(2) No such non-conforming uses shall be moved in whole or in part to any portion of
the lot or parcel other than that occupied by such used at the lot or parcel other
than that occupied by such used at the effective date of adoption of this Chapter;
(3) If any such non-conforming uses of land are disconnected or abandoned for more
than two (2) years (except when government action impedes access to the
premises), any subsequent use of such land shall conform to the regulations
specified by this Chapter for the district in which such land is located, and the nonconforming use may not thereafter be resumed;
(4) No additional use non-conforming to the requirements of this Chapter shall be
commenced in connection with such non-conforming use of land.
1143.80 Amendments: Amendments to any provision of the Chapter shall be made pursuant to
Sections 1180.00 and 1180.10 of the Hamilton Zoning Ordinance No. 7503.
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1143.90 Appeals: Any person desiring to use property in any manner in conflict with the
provisions set forth in the Chapter shall first apply to the City’s Board of Zoning Board
Appeals for a variance from the zoning regulations in question. The City’s Board of
Zoning Appeals Board may subject any variance to any reasonable conditions that it
deems necessary. The provisions of Sections 1160.00 through 1160.40 and Sections
through 1170.85 shall be applicable and followed for all appeals.
Any person aggrieved by any decision of the City’s Board of Zoning Appeals made in its
administration of the provisions set forth in this Chapter may appeal to the Butler
County Airport Zoning Board of Appeals as follows:
(a)
All appeals shall be filed with the Butler County Department of Development
within twenty (20) days after receiving written refusal of Zoning Certificate from
its Airport Zoning Inspector, and shall specify the grounds of such appeal.
Subsequently, after an appeal is filed with the Butler County Development
Director and with the Butler County Airport Zoning Board of Appeals, the
Development Department shall transmit to the said Airport Zoning Board of
Appeals all the papers constituting the record upon which the action appealed
from was taken.
(b) An appeal shall stay all proceedings in furtherance of the action appealed from
unless the Butler County Development Department certifies to the Butler County
Airport Zoning Board of Appeals that a stay would cause imminent peril to life or
property.
(c)
The Butler County Airport Zoning Board of Appeals shall fix a reasonable time for
the hearing of appeals, give public notice and due notice to the parties in interest,
and decide the same within a reasonable time.
(d) The Butler County Airport Zoning Board of Appeals may reverse, affirm wholly or
partly, or modify the order, requirement, decision, or determination appealed
from.
(e)
Any person aggrieved or any taxpayer, or any legislative authority, or any Airport
Zoning Board affected by any order of the Airport Zoning Board of Appeals may
appeal within thirty (30) days to the court of common pleas of Butler County, and
upon appeal thereof a trial de novo shall be had.
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1143.100 Administration: Any parcel of land located within any City Airport Zoning District is
subject to the administration and policies set forth herein. Any persons or person
seeking to modify in any way the land or the use of any parcel of land within the
aforementioned zones shall comply with the following steps:
(a)
Any person or persons who seeks to modify in any way, any parcel of land or the
use of any parcel of land, except for owner transfers and/or lot line
reorganization, must first apply for a zoning certificate from the City’s Department
of Planning.
(b) Concurrent to local zoning certificate application, FAA Form 7460-1 (5-94) must
be submitted to the Ohio Department of Transportation, Office of Aviation, thirty
(30) days prior to construction. The application must include two (2) copies of
FAA Form 7460-1 and two (2) copies of a 7.5 minute quadrangle topographic map
with “X” marking the proposed modification site. The originals must be sent to the
FAA Great Lakes Region. This shall apply to all construction on property within
the Airport Zoning Districts except for property within “Blanket Approval” area
determined by the FAA. Towers or facilities which would transmit signals via a
device regulated by the FCC or FAA still require specific ODOT and FAA approval
regardless of “Blanket Approval” status.
(c)
Once approval of FAA Form 7460-1 (5-94) is granted, the applicants must apply to
the Construction Services Division of the Department of Planning through the
procedures outlined herein.
(d) After approval by the Department of Planning and Division of Construction
Services, building permits shall be issued only after approval of FAA Form 7460-1
(5-94).
1143.110 Enforcement: Enforcement of the provisions of this Chapter shall be in accordance with
Section 1150.00 of the Hamilton Zoning Ordinance No. 7503.
1143.120 Filing Plans: Every application for a Zoning Certificate shall be accompanied by plans in
duplicate, drawn to scale, in black line or blueprint, showing the actual shape and
dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the
exact location, size, and height of any building or structure to be erected or altered; the
existing and intended use of each building or structure or part thereof; and, when no
buildings or structures are involved, the location of present use and proposed use to be
made of the lot; and such other information with regard to the lot and neighborhood lots
as may be necessary to determine applicable standards and provide for the enforcement
of this Chapter. One copy of such plans shall be returned to the owner when such plans
have been approved by the Inspectors, together with such Zoning Certificate as may be
granted.
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1143.130 Zoning Certificate: It shall be unlawful for any owner, lessee, or tenant to begin any
excavation, or the construction, reconstruction, extension, conversion, or structural
alteration of any building or structure, or any part thereof, without first obtaining a
Zoning Certificate as provided in Sections 1155.00, et seq. of the Hamilton Zoning
Ordinance No. 7503.
Inspectors shall act upon an application for a Zoning Certificate within five (5) business
days after the application is filed in compliance with this Chapter. The Inspectors shall
either issue a Zoning Certificate within those five (5) days or shall notify the applicant
in writing of his refusal to issue a certificate and the reasons therefor.
1143.140 Institution Of Legal Action: The City may institute in any court of competent
jurisdiction an action to prevent, restrain, correct, or abate any violation of this
Chapter. The courts shall adjudge to the plaintiff such relief, by way of injunction,
which may be mandatory, or otherwise, as may be proper under all the facts of and
circumstances of the case, in order fully to effectuate the purposes of the regulations
adopted through this Chapter and orders and rulings made pursuant thereto.
1143.150 Effective Date: This Chapter shall become effective from and after the date of its approval
and adoption as provided by law. (Adopted October 25, 2000)
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ADMINISTRATION
1150.00
ADMINISTRATION AND ENFORCEMENT
1150.10 Administration And Enforcement: The City Manager or Designee shall administer and
enforce this Ordinance. He may be provided with the assistance of such other persons as
the City Council may direct. If the City Manager or Designee shall find that any of the
provisions of this Ordinance are being violated, he shall notify in writing the persons
responsible for such violations, indicating the nature of the violation and ordering the
action necessary to correct it. He shall order discontinuance of illegal use of land,
buildings or structural changes thereto; discontinuance of any illegal work being done;
or shall take other action authorized by this Ordinance to insure compliance with or to
prevent violation of its provisions.
1150.20 Building Permit Required: No buildings or other structure shall be erected, moved, added
to, or structurally altered without a permit therefore, issued by the City of Hamilton.
(Amended by OR 2001-9-93)
1150.30 Application For Certificate Of Zoning Compliance: All applications for Certificate of
Zoning Compliance shall be accompanied by plans in duplicate, drawn to scale, showing
the actual dimensions and shape of the lot to be built upon; the exact sizes and locations
on the lot of buildings already existing, if any; and the location and dimensions of the
proposed building or alteration. The application shall include such other information as
lawfully may be required by the City Manager or Designee, including existing or
proposed building or alteration; existing or proposed uses of the building and land; the
number of families, housekeeping units, or rental units the building is designed to
accommodate; conditions existing on the lot; and such other matters as may be
necessary to determine conformance with, and provide for the enforcement of this
Ordinance.
One copy of the plans shall be returned to the applicant by the City Manager or
Designee after he shall have marked such copy either as approved or disapproved and
attested to same by his signature on such copy. The second copy of the plans, similarly
marked, shall be retained by the City Manager or Designee.
1150.40 Certificates Of Zoning Compliance: It shall be unlawful to use or occupy or permit the use
or occupancy of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged in its use or structure
until a Certificate of Zoning Compliance shall have been issued therefore by the City
Manager or Designee stating that the proposed use of the building or land conforms to
the requirements of this Ordinance. The may be issued in conjunction with a building
permit.
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No non-conforming structure or use shall be maintained, renewed, changed or
extended until a Certificate of Zoning Compliance shall have been issued by the City
Manager or Designee. The Certificate of Zoning Compliance shall state specifically
wherein the non-conforming use differs from the provisions of this Ordinance, provided
that upon enactment or amendment of this Ordinance, owners or occupants of nonconforming uses of structures shall have twelve (12) months to apply for Certificates of
Zoning Compliance. Failure to make such application within twelve (12) months shall
be presumptive evidence that the property was in conforming use at the time of
enactment or amendment of this Ordinance. No permit for erection, alteration, moving
or repair of any new building shall be issued until an application has been made for a
Certificate of Zoning Compliance, and the Certificate shall be issued in conformity with
the provisions of this Ordinance upon completion of the work.
A Temporary Certificate of Zoning Compliance may be issued by the City Manager or
Designee for a period not exceeding six months during alterations or partial occupancy
of a building pending its completion, provided that such Temporary Certificate may
require such conditions and safeguards as will protect the safety of the occupants and
the public.
City Manager or Designee shall maintain a record of all Certificates of Zoning
Compliance, and copies shall be furnished upon request to any person for a fee.
Failure to obtain a Certificate of Zoning Compliance shall be a violation of this Ordinance
and punishable under Section 1186.00, violation and penalty, of this Ordinance.
1150.50 Expiration Of Certificate Of Zoning Compliance: Special Certificate of Zoning: If the work
described in any Certificate of Zoning Compliance has not begun within 180 days from
the date of issuance thereof, said certificate shall expire and be canceled by the City
Manager or Designee, and written notice thereof shall be given to the persons affected.
If the work described in any Certificate of Zoning Compliance has not been substantially
completed within one year of the date of issuance thereof, said certificate shall expire
and be canceled by the Building Commissioner, and written notice thereof shall be
given to the persons affected, together with notice that further work as described in the
canceled certificate shall not proceed unless and until a Special Certificate of Zoning
Compliance has been obtained.
At the discretion of the City Manager or Designee, such special certificate may be based
on the original application or he may require submission of a new application. The
Special Certificate may include limitations on time allowed for substantial completion of
the work, and provisions for a reasonable performance bond to insure completion
within the time limit set.
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ADMINISTRATION
1155.00 CONDITIONAL USES
(OR 2014-9-90)
1155.10 – Conditional Uses:
1. The Planning Commission (PC) shall review and make a recommendation to City Council, in
accordance with the provisions of this Ordinance for applications for Conditional Uses. The PC
shall review the particular facts and circumstances of each proposed Conditional Use, and if
recommending approval shall find adequate evidence that the proposed conditional use
complies with the General Standards applicable to all Conditional Uses found in 1155.30.
(REVISED OR2015-9-80)
2. The PC has no obligation to recommend approval of a Conditional Use, and City Council has no
obligation to approve a Conditional Use. The Hamilton Zoning Ordinance assumes that the
uses listed as conditional are not outright appropriate unless an applicant demonstrates to the
PC that the use will not be detrimental to the public health, safety, or general welfare of the
City or the neighborhood in which the Conditional Use is proposed. (REVISED OR2015-9-80)
3. In considering an application for a Conditional Use, the PC and City Council shall give due
regard to the nature and condition of all adjacent uses and structures and in recommending
approval of a conditional use may impose such requirements and conditions, in addition to
any expressly stipulated in this Ordinance, as the PC may deem necessary for the protection of
adjacent properties and the public interest. (REVISED OR2015-9-80)
1155.20 – Process
1. Submission of application for a Conditional Use along with applicable fee and plan consistent
with the requirements set forth in Section 1155.30 shall accompany the Application.
2. Information shall be submitted to the Department of Community Development, who may
distribute such information to various City Departments for review/comment.
3. Within 30 days of receipt, the PC shall hold a Public Hearing on the Conditional Use
application. Notice of such hearing shall be mailed to property owners within 500 feet of the
subject property within 10 calendar days of such hearing. (REVISED OR2015-9-80)
4. Within 30 days of the Public Hearing, the PC shall recommend to City Council the approval, the
approval with conditions or modifications, or the denial of the application for Conditional Use
and shall clearly state in writing the findings upon which its recommendation is based.
(REVISED OR2015-9-80)
5. In recommending approval, the PC may also recommend appropriate conditions and
safeguards in conformance with the intent and purposes of this ordinance for the protection of
nearby property and the public health, safety and general welfare. (REVISED OR2015-9-80)
6. The recommendation of the PC shall be forwarded to City Council for review in accordance
with Section 3.09, Legislative Procedure, of the Charter of the City of Hamilton. The City
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Council via a majority vote may accept the recommendation of the PC, reject the
recommendation of the PC, or remand the matter to the PC for further consideration.
(REVISED OR2015-9-80)
1155.30 – Application and Review
The applicant shall submit an application to the Department of Community Development for a
Conditional Use along with applicable fee. The applicant shall submit at least the following
supporting information to be considered for a Conditional Use.
A. A written description of the proposed Conditional Use including nature of the business
and hours of operation. The written description of the proposed Conditional Use should
further address the nine (9) Conditional Use Review Criteria below in Section 1155.30.C.
B. Plans of the proposed site for the Conditional Use indicating the location of all existing and
proposed buildings, parking, loading, and driveway areas, traffic access and circulation,
open spaces, landscaping, refuse and service areas, utilities, signage, yards and setbacks,
and such other information as the PC may require to determine of the effect of the
proposed Conditional Use on the surrounding neighborhood. (REVISED OR2015-9-80)
C. Conditional Use Review Criteria – General Standards
In reviewing an application for a Conditional Use, the PC shall consider whether there is
adequate evidence that the proposed Conditional Use is consistent with the following
General Standards:
(1) The proposed Conditional Use is to be located in a district wherein such use may be
permitted, subject to the requirements of this Section and the Zoning Ordinance.
(2) The proposed Conditional Use will not substantially or permanently injure the
appropriate use of neighboring property and will serve the public convenience and
welfare.
(3) The proposed Conditional Use will be harmonious with the existing or intended
character of the general vicinity, and that such use will not change the essential
character of the same area.
(4) The proposed Conditional Use shall be adequately served by essential public facilities
and services such as, but not limited to, roads, public safety forces, storm water
facilities, water, sanitary sewer, refuse, and schools. If not, the applicant shall be
responsible for the extension or establishment of any public facilities and services to
effectively service the proposed Conditional Use.
(5) The proposed Conditional Use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on surrounding
streets.
(6) The proposed Conditional Use will comply with all applicable development standards,
except as specifically altered in the approved Conditional Use.
(7) The proposed Conditional Use will not be hazardous to or have a negative impact on
existing or future neighboring uses.
(8) The proposed Conditional Use will not involve uses, activities, processes, materials,
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equipment and conditions of operations, including, but not limited to, hours of
operation, that will be detrimental to any persons, property, or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other
characteristic not comparable to the uses permitted in the base zoning district.
(9) The proposed Conditional Use will not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in the district.
D. Conditional Use Review Criteria – Use Specific Standards and Variances
In reviewing an application for a Conditional Use, the PC shall also consider certain usespecific standards, applicable to certain Conditional Uses, and determine whether there is
adequate evidence that the proposed Conditional Use is consistent with the applicable
use-specific standards. Any waiver or deviation from the use-specific standards will
become part of the PC recommendation. (REVISED OR2015-9-80)
1155.40 – EFFECT OF CONDITIONAL USE APPROVAL
(1) Conditional Use Approvals granted by City Council shall run with the land and shall
not be affected by a change in ownership. The applicant, his or her successors and
assigns shall be bound by Conditional Use approval. (REVISED OR2015-9-80)
(2) Only the approved Conditional Use shall be permitted on the subject site. Any change
in a Conditional Use shall require a new application and review. The Conditional Use
shall be void If the Conditional Use is terminated and replaced by a Permitted Use
pursuant to this ordinance
(3) The breach by the applicant, successors or assigns of any condition, safeguard, or
requirement expressed or referred to on the Conditional Use approval shall render the
Conditional Use void and shall constitute a violation of this Ordinance and the
Ordinance approving the Conditional Use.
1155.50 – TIME LIMITS
(1) The Conditional Use shall automatically expire if the Conditional Use ceases by
discontinuance or abandonment for a period of more than six (6) months.
(2) The applicant shall have six (6) months from the date of approval of the Conditional
Use to receive approval through the Issuance of a Certificate of Occupancy or the
Conditional Use shall be deemed null and void. An applicant may request one (1)
extension of six (6) months from the PC. (REVISED OR2015-9-80)
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1155.60 – REAPPLICATION
No application for a Conditional Use that is substantially similar to an application that has
been denied, wholly or in part, shall be accepted for one year from the date denial. The
Community Development Department shall determine if a similar application differs enough
to be considered a different application and not subject to this section. The Community
Development Department may consider factors such as the nature or size of a proposal,
changes in the development or traffic patterns of the area, or newly discovered evidence
pertinent to a decision on a previous application.
1155.70 – APPEALS
1. Any person, firm or corporation, or any officer, department, board or agency of the
municipality who or which has been aggrieved or affected by any decision of the City Council
on a Conditional Use may appeal to the Butler County Court of Common Pleas pursuant to
Chapter 2506 of the Ohio Revised Code. (REVISED OR2015-9-80)
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ADMINISTRATION
1160.00 BOARD OF ZONING APPEALS
The Board of Zoning Appeals, as presently constituted, shall continue in Office.
1160.10 Board Of Zoning Appeals Established: An Administrative Board is hereby established to
be known as the "Board of Zoning Appeals". The word "Board" when used in this article
shall be construed to mean the Board of Zoning appeals. The Board shall consist of five
members, appointed by the City Manager for terms of five years, provided however,
that the members of the first Board shall be appointed for terms of one, two, three, four
and five years respectively. At least one member of the Board of Zoning Appeals shall
be a member of the City Planning Commission of the City of Hamilton. In the event his
membership on the Planning Commission is terminated his membership on the Board
of Zoning Appeals shall terminate simultaneously. Members of the Board shall serve
without compensation, and shall be citizens of the City.
1160.20 Proceedings Of Board Of Zoning Appeals: Meetings of the Board shall be held at the call
of the Chairman and at such other times as the board may determine. Such Chairman
or, in his absence, the acting Chairman, may administer oaths and compel the
attendance of witnesses. The presence of at least three (3) members of the Board shall
be necessary to constitute a quorum.
The Board shall adopt its own rules of procedure and shall keep a record of its
proceedings, showing the vote of each member upon each question, or, if absent or
failing to vote, indicating such fact, and shall also keep records of its hearings and other
official actions. Findings of fact and the reasons for the action taken shall be included
in the minutes of each case.
All records of proceedings, findings, determinations, and actions of the Board shall be
filed immediately in the office of the Board and shall be a public record. All meetings of
the Board shall be open to the public.
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1160.30
Hearings, Appeals; Notices. (OR 98-10-102)
(A) General: Appeals to the Board may be taken by any person aggrieved by any
Officer, Department, Board or Bureau of the City of Hamilton affected by a
decision of the Building and Zoning Administrator or the Historic Design Review
Board, but in the latter case only in connection with its issuance or refusal to issue
a Certificate of Appropriateness. Such appeal shall be taken within such time as
shall be prescribed by the Board by general rule, by filing with the Building and
Zoning Administrator and with the Board of Zoning Appeals a Notice of Appeal,
specifying the grounds thereof. The Building and Zoning Administrator shall
forthwith transmit to the Board all of the papers constituting the record upon
which the action was taken.
(B) Wellhead Protection: All issues pertaining to decisions by the Building and Zoning
Administrator regarding zoning regulations/requirements for Wellhead
Protection Area shall remain under the jurisdiction the Board of Zoning Appeals
(BZA) as provided for in this Chapter except that, in addition, the following shall
apply:
(1) Recommendation from the Wellhead Protection Appeals Advisory Board.
Before the BZA grants any variance or appeal relative to a Wellhead
Protection Area, the variance or appeal request shall first be reviewed by
the Wellhead Protection Appeals Advisory Board (WHPAAB) to ensure that
the request, if granted, will not present a contamination threat to
groundwater. The WHPAAB, as established under Chapter 940 of the
Hamilton Codified Ordinances, shall provide a recommendation on the
variance or appeal request to the Board of Zoning Appeals. In doing so, the
WHPAAB may include with the recommendation any such alternatives or
modifications to the request as necessary to minimize the potential for
groundwater contamination. The WHPAAB shall have thirty (30) days from
receiving a variance or appeal request to make a recommendation to the
Board of Zoning Appeals. The thirty-day period shall be inclusive within, and
not in addition to, the allowed time frame for Board of Zoning Appeals
review.
1160.40 Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the City Manager or Designee certifies to the Board after the
Notice of Appeal has been filed with him that, by reasons of facts stated in the
Certificate, a stay would, in his opinion, cause imminent peril to life or property, in
which case the proceedings shall not be stayed otherwise than by a restraining order
granted by the Board, or by a court of record, on application or notice to the City
Manager or Designee on due cause shown.
The Board shall fix a reasonable time and place for the hearing of the appeal, shall give
due notice thereof to the parties in interest, and shall render a decision within a
reasonable time. Any person may appear and testify at the hearing, either in person or
by duly authorized agent or attorney.
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ADMINISTRATION
1170.00 BOARD OF ZONING APPEALS; POWER AND DUTIES
The Board of Zoning Appeals shall have the power and duties to hear and decide, in
accordance with the provisions of this Ordinance, the following:
1170.10 Administrative Review: The Board shall have the power to hear and decide appeals,
filed as hereinbefore provided, where it is alleged by the appellant that there is an
error in any order, requirement, decision, determination, grant or refusal made by
the City Manager or Designee in the enforcement and interpretation of the provisions
of this Ordinance.
1170.20 Temporary Structures And Uses: The Board may authorize the temporary use of a
structure or premise in any District prescribed elsewhere in this Ordinance for the
District in which it is located, provided that such use be of a temporary nature and
does not involve the erection of a substantial structure. A Zoning Certificate for such
use shall be granted in the form of a temporary and revocable permit, for not more
than a twelve (12) month period, subject to such conditions as will safeguard the
public health, safety, convenience and general welfare.
1170.30 Interpretation Of Zoning Ordinance And Map: Where the street or lot layout actually
on the ground, or as recorded, differs from the street and lot lines as shown on the
Zoning Map, the Board, after notice to the owners of the property and after public
hearing, shall interpret the map in such a way as to carry out the intent and purpose
of this Ordinance. In case of any question as to the location of any boundary line
between Zoning Districts or where there is uncertainty as to the meaning and intent
of a textual provision of the Ordinance, a request for interpretation of the Zoning
Map or the textual provision in question may be made to the Board and a
determination shall be made by said Board.
1170.40 Deleted (OR 2014-9-90)
1170.50 Deleted (OR 2014-9-90)
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1170.60 Variances: The Board shall have the power to authorize upon appeal in specific cases,
filed as hereinbefore provided, such variances from the terms, provisions or
requirements of this Ordinance as will not be contrary to the public interest;
provided, however, that such variances shall be granted only in such cases where,
owing to special and unusual conditions pertaining to a specific piece of property, the
literal enforcement of the provisions or requirements of this Ordinance would result
in practical difficulty or undue hardship, so that the spirit of the Ordinance shall be
upheld, public safety and welfare secured, the substantial justice done.
1170.61 Use Variance: Except as herein provided under conditional uses in accordance
with Section 1155.00, no use variance from the District Regulations of this
Ordinance will be permitted. (REVISED OR2015-9-80)
1170.62 Variance - Conditions Prevailing: Where, by reason of the exceptional
narrowness, shallowness or unusual shape of a specific piece of property on the
effective date of this Ordinance, or by reason of exceptional topographic
conditions or other extraordinary situation or condition of such piece of
property, or of the use or development of property immediately adjoining the
piece of property in question, the literal enforcement of the requirements of this
Ordinance would involve practical difficulty or would cause unnecessary
hardship (unnecessary to carry out the spirit and purpose of this Ordinance) the
Board shall have power to authorize a variance from the terms of this
Ordinance, so as to relieve such hardship. In authorizing a variance, the Board
may attach thereto such condition regarding the location, character and other
features of the proposed structure or use as it may deem necessary in the
interest of the furtherance of the purposes of the Ordinance and in the public
interest. In authorizing a variance, with attached conditions, the Board shall
require such evidence and guarantee or bond as it may deem to be necessary to
enforce compliance with the conditions attached.
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1170.63 Variance-Findings of the Board: No such variance of the provisions or
requirements of this Ordinance shall be authorized by the Board unless the
Board finds, beyond reasonable doubt, that all of the following facts and
conditions exist.
1170.63.1
Exceptional Circumstances: That there are exceptional or extraordinary
circumstances or conditions applying to the property in question that do
not apply generally to other properties in the same Zoning District.
1170.63.2
Preservation of Property Rights: That such variance is necessary for the
preservation and enjoyment of substantial property rights possessed by
other properties in the same Zoning District and in the same vicinity.
1170.63.3
Absence of Detriment: That the authorizing of such variance will not be of
substantial detriment to adjacent property, and will not materially impair
the purposes of this Ordinance of the public interest.
1170.63.4
Not of General Nature: No grant of a variance shall be authorized unless
the Board specifically finds that the condition or situation of the specific
piece of property for which variance is sought is not of so general or
recurrent a nature as to make reasonably practicable the formulation of a
general regulation for such conditions or situation.
1170.70 Change Of Non-Conforming Uses: The Board shall hear and decide, in accordance
with the provisions of this Ordinance, proposed changes of use from one nonconforming use to another non-conforming use to determine if the proposed use is
equally appropriate, more appropriate, or less appropriate to the District than the
existing non-conforming use. The Board may by general rule, after study, categorize
certain changes of use.
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1170.80 Decision Of Board Of Zoning Appeals: In exercising the above enumerated powers,
the Board may reverse or affirm, wholly or partly or may modify the order,
requirement, decision or determination appealed from to the extent and manner that
the Board may decide to be fitting and proper on the premises, and to that end the
Board shall have all the powers of the City Manager or Designee from whom the
appeal is taken. The concurring vote of three (3) members of the Board shall be
necessary to reverse any order, requirement, decision or determination of the City
Manager or Designee or to decide in favor of the applicant on any matter upon which
it is authorized by this Ordinance to render a decision.
No order of the Board permitting the erection or alteration of a building or the use of
a building or premises shall be valid for a period longer than six (6) months unless a
building permit for such erection or alteration is obtained and the work is started
within such period or, where no erection or alteration is necessary, the permitted use
is established within such period.
1170.81 Performance Standards - Procedure: The Board shall have the power to
authorize, upon application in specific cases, filed as hereinafter provided,
issuance of a Zoning Clearance Permit for uses that are subject to Performance
Standards' procedure under the Ordinance, as provided in the following:
1170.82 Application: An application for a Zoning Clearance Permit for a use subject to
Performance Standards' procedure shall be submitted in duplicate on a form
prescribed by the Board. The applicant shall also submit in duplicate a plan of
the proposed construction or development - including a description of the
proposed machinery, processes and products, and specification for the
mechanisms and techniques to be used in restricting the emission of dangerous
and objectionable elements as set forth in the Ordinance - in accordance with
the rules prescribed by the Board specifying the type of information required in
such plans and specifications. The fee for such application shall include the cost
of the special reports that may be required to process it.
1170.83 Report By Specialists: If in its opinion, the proposed use may cause the emission
of dangerous or objectionable elements, the Board may refer the application, at
its discretion, to the City Health Department or to one or more specialists
qualified to advise as to whether a proposed use will conform to the applicable
Performance Standards specified in the Ordinance for investigation and report.
Such consultant or consultants shall report as promptly as possible after his or
their receipt of such application. A copy of such report shall be promptly
furnished to the applicant.
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1170.84 Review By Board: Within thirty (30) days after the Board has received the
aforesaid application, or the aforesaid report, or within such further period as
agreed to by the applicant, the Board shall decide whether the proposed use will
conform to the applicable Performance Standards, and on such basis shall
authorize or refuse to authorize issuance of a Zoning Clearance Permit, or
require a modification of the proposed plan of construction, specifications,
proposed equipment or operation. Any Zoning Clearance Permit, so authorized
and issued shall be conditioned upon, among other things, the following:
A)
That the applicant's buildings and installations when completed will
conform in operation to the applicable performance standards; and
B)
That the applicant will pay the fees for services of the expert consultant
or consultants deemed reasonable and necessary by the Board to advise
the Board as to whether or not the applicant's completed buildings and
installations in operation will meet said applicable Performance
Standards.
1170.85 Continued Enforcement: City Manager or Designee shall investigate any
purported violation of Performance Standards and, if there is reasonable
grounds for the same, shall notify the Board of the occurrence or existence of a
probable violation thereof. The Board shall investigate the alleged violation, and
for such investigation shall employ qualified experts. The services of any
qualified specialist employed by the Board to advise in establishing a violation
shall be paid by the violator if said violation is established; otherwise by the City.
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ADMINISTRATION
1180.00 AMENDMENTS
The regulations, restrictions and boundaries set forth in this Ordinance may from time to time be
amended, supplemented, changed or repealed, provided, however, that no such action may be
taken until after a public hearing in relation thereto, at which parties in interest and citizens shall
have an opportunity to be heard. At least thirty (30) days' notice of the time and place of such
hearing shall be published in a newspaper of general circulation in the City.
1180.10 Procedure.
(A)
Procedure for proposals respecting changes in zoning district designation or for
designating a parcel(s) as being a Historic District or a Flood Zone. The City Council
may, from time to time, on it's own motion, by a recommendation of the Planning
Commission, or by public request to City Council, after public notice and hearings, as
provided by law and after report by the City Planning Commission, to be made
within sixty (60) days after the certification of it by the Clerk of Council, amend,
supplement, or change the District boundaries or regulations herein or
subsequently established. In case the proposed amendment, supplement, or change
be disapproved by the Planning Commission, such amendment shall not take effect
unless passed by not less than three-fourths (3/4) of the full membership of the
Council. Regardless of the recommendation of the Planning Commission, the
presentation of a written protest to the amendment, duly signed by the owners of
fifty-one (51%) percent or more of the lots or parcels included in the proposed
change, or of the lots or parcels immediately adjacent thereto, in the rear thereof or
directly opposite thereto, but in no case less than the owners of two such lots, such
amendment shall not be passed except by the favorable vote of three-fourths (3/4)
of the full membership of Council. Failure of the City Planning Commission to report
to Council within the sixty (60) days aforesaid shall be deemed to be an approval of
such amendment.
(OR 96-6-61)
(B)
Procedure for proposals respecting changes/redelineation of WHPA Designation:
Any change in the boundary of a WHPA resulting from redelineation of a WHPA
shall be effective after approval of the redelineation by means of a Zoning
Amendment as provided for in Chapter 1180.00 herein. Public notice of the change
shall be provided in accordance with requirements for the City of Hamilton but shall
include no less than notification through publication of the change for one (1) day in
at least one (1) newspaper with general circulation in the community; and
notification via first class mail to those regulated facility operators in the preexisting WHPA whose location in a TOT zone has changed as a result of the
redelineation and any non-residential property owners in the newly delineated
portions of the updated WHP Said notification shall be mailed, via first class mail,
no less than thirty (30) days prior to the public hearing date and the notification
shall be in the form of a letter stating the results of the redelineation and any
subsequent change in the facility’s regulatory status. (OR 98-10-102)
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(C)
(1)
Where an existing facility required to comply with the provisions set forth
herein is no longer located in a WHPA as a result of the redelineation, the
facility is no longer subject to compliance with Chapter 940 and Chapter 1128
of the Hamilton Codified Ordinances.
(2)
Any facility previously located outside the boundary of the WHPA that is located
inside the boundary of the WHPA as a result of the redelineation must be
registered in accordance with Chapter 940 of the Hamilton Codified Ordinances
and must comply with all provisions required of existing facilities for the TOT
zone in which the facility is located as applicable and in accordance with the time
frames specified for those applicable provisions.
(3)
Any registered facility whose classification within a TOT zone is changed to a
different TOT zone as a result of the redelineation must submit an amended
facility registration to the Building and Zoning Administrator or his designee in
accordance with Chapter 940 of the Hamilton Codified Ordinances and must
comply with those provisions required of existing facilities as applicable for the
new TOT zone in which that facility is now located in accordance with the time
frames specified for those applicable provisions.
Procedure for Proposals Respecting Designation as or Removal of a Designation as a
Historic Preservation District: The following procedures shall be used by Council when
considering a recommendation(s) made as a result of an application to designate
property as or to remove the designation of property as a Historic Preservation
District.(OR 93-9-100)
(1)
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When Council receives a Historic Design Review Board recommendation upon
an application to designate property as or to remove the designation of property
as a Historic Preservation District, which application does not include or require
a zoning district change, upon receipt of the Historic Design Review Board's
recommendation Council shall schedule and conduct a public hearing in
accordance with 1180.00. Following the public hearing, Council may approve,
disapprove, or amend the Historic Design Review Board's recommendation. If
the Historic Design Review Board's recommendation was opposed to granting
the application, the application in its original or as amended by Council shall not
take effect against the recommendation of the Historic Design Review Board
unless it is approved by not less than three-fourths (3/4) of the full membership
of Council. Regardless of the recommendation of the Historic Design Review
Board, if a written protest to the application, which is signed by the owners of
fifty (50) percent or more of the lots or parcels included within or immediately
adjacent to the affected property, (but in any case never less than the owners of
two affected lots) is presented to Council, then the application shall not take
effect unless it is approved by not less than three-fourths (3/4) of the full
membership of Council.
(2)
When an application to designate property as or to remove the designation of
property as a Historic Preservation District also includes or requires a zoning
district change, upon receipt by Council of the Historic Design Review Board and
Planning Commission's recommendations Council shall schedule and conduct a
public hearing in accordance with Section 1180.00. Such hearing may combine
both the Historic District and Zoning District aspects of the application or they
may be separately considered. Following the public hearing(s), Council shall
separately consider and approve, disapprove or amend the Historic Design
Review Board and Planning Commission's recommendations. The Planning
Commission's recommendation shall be considered and approved or
disapproved in the manner provided by Section 1180.10(A). The Historic Design
Review Board's recommendation shall be considered and approved,
disapproved, or amended in the manner provided by subsection 1180.10(B)(1)
above.
1180.11 Pre-Application Conference: There shall be a pre-application conference between the
Planning Director, or Staff designated by him, and the party desiring a rezoning of
property. The matter may be submitted to the Planning Commission upon payment
of fees.
1182.00 Schedule Of Fees, Charges And Expenses
The City Council shall establish a schedule of fees, charges and expenses, and a collection
procedure for Certificates of Zoning Compliance, appeals, and other matters pertaining
to this Ordinance. This schedule of fees shall be posted in the office of the City Manager
or Designee, and may be altered or amended only by the City Council.
No certificate, conditional permit, or variance shall be issued unless or until such costs,
charges, fees or expenses have been paid in full, nor shall any action be taken on
proceedings before the Board of Zoning Appeals unless or until preliminary charges and
fees have been paid in full.
1184.00 Complaints Regarding Violation:
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint, stating fully the causes and basis
thereof, shall be filed with an Administrative Official. He shall record properly such
complaint, immediately investigate, and take action thereon as provided by this
Ordinance.
1186.00 Violation And Penalty:
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with, or who resists the enforcement of any of the provisions of the Zoning
Ordinance No. 7503, and all amendments thereto, shall be guilty of an unclassified
misdemeanor and shall be fined not less than $250.00 or more than five hundred
($500.00) dollars for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense. (OR 2007-7-70)
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1190.00 FEE SCHEDULE (OR 2008-7-68)
1190.01
Certificate of Zoning Compliance. The following nonrefundable fees shall be paid at
the time of application to the City of Hamilton for a review for Zoning Compliance as
follows:
(1)
One hundred and fifty ($150.00) dollars for a new residential building plus
$25.00 per each dwelling unit more than a single-family;
(2)
Thirty Dollars ($30.00) for an addition or alteration to a residential building or
construction of an accessory building.
(3)
Certificates of Zoning Compliance
a.
Fifty Dollars ($50.00) for an existing building with a new use;
b.
Twenty Five Dollars ($25.00) for an existing building with a new
commercial use in a City designated special purpose
district.(OR2012-4-25)
(4)
Two hundred ($200.00) for any new building that is regulated by the Ohio
Building Code plus $10.00 for each additional 10,000-sq.ft. or portion
thereof over 20,000-sq.ft.
(5)
One hundred ($100.00) for alterations or additions to a building regulated
by the Ohio Building Code.
(6)
Sign Permits
a.
Fifty Dollars ($50.00) for any permanent sign application.
b.
Twenty Five ($25.00) for any permanent sign in a City designated
special purpose district. (OR2012-4-25)
c.
No zoning fee is charged for an iconic sign in the designated Iconic
Signage Incentive District. (OR2012-4-32)
(7)
Thirty Dollars ($30.00) for any temporary sign application.
(8)
Thirty Dollars ($30.00) for any temporary tent, shelter or trailer.
(9)
Fifty Dollars ($50.00) for a Home Occupation Approval.
371
1190.02
Appeal to Board of Zoning Appeals. A nonrefundable fee of Two Hundred Dollars
($200.00) shall be paid to the City of Hamilton by an appellant when an appeal is
filed with the Board of Zoning Appeals, except when an appeal is filed with the Board
of Zoning Appeals for an Iconic Sign, as defined as a sign that visually depicts the
nature of the business, goods or services that the business provides through unique
shape and any combination of color, lighting, movement or history, then a
nonrefundable fee of Fifty Dollars ($50.00) shall be paid to the City of Hamilton by an
appellant. (OR2012-1-6)
1190.03
Conditional Use Certificate. A nonrefundable fee of Two Hundred Dollars ($200.00)
shall be paid to the City of Hamilton by an applicant when an application is filed for a
conditional use certificate.
1190.04
Rezoning Request. A nonrefundable fee of Three Hundred Dollars ($300.00) shall be
paid to the City of Hamilton by an applicant when an application for a rezoning is
filed.
1190.05
Sketch Plan Review. A nonrefundable fee of One Hundred Dollars ($100.00) shall be
paid to the City of Hamilton by an applicant when an application for a Sketch Plan
Review is filed.
1190.06
Preliminary Plat Approval. A nonrefundable fee of Three Hundred Dollars ($300.00)
shall be paid to the City of Hamilton by an applicant when an application for a
Preliminary Subdivision Plat Approval is filed.
1190.07
Final Plat Approval. A nonrefundable fee of Five Hundred Dollars ($500.00) shall be
paid to the City of Hamilton by an applicant when an application for a Final
Subdivision Plat Approval is filed.
1190.08
Preliminary Planned Unit Development Approval. A nonrefundable fee of Three
Hundred Dollars ($300.00) shall be paid to the City of Hamilton by an applicant
when an application for a Preliminary Planned Unit Development Plan is filed.
1190.09
Final Planned Unit Development Approval. A nonrefundable fee of Five Hundred
Dollars ($500.00) shall be paid to the City of Hamilton by an applicant when an
application for a Final Planned Unit Development Plan is filed.
1190.10
Revision to Final Planned Unit Development Plan. (OR 2015-2-9)
a) A nonrefundable fee of Five Hundred Dollars ($500.00) shall be paid to the City of
Hamilton by an applicant when a Major Revision to any Planned Unit Development
is filed.
b) A nonrefundable fee of Two Hundred and Fifty Dollars ($250.00) shall be paid to
the City of Hamilton by an applicant when a Moderate Revision to any Planned Unit
Development Plan is filed.
c) A nonrefundable fee of One Hundred and Fifty Dollars ($150.00) shall be paid to the
City of Hamilton by an applicant when a Minor Revision to any Planned Unit
Development Plan is filed.
372
1190.11
Approval of Right of Way Dedication Plat A nonrefundable fee of Three Hundred
Dollars ($300.00) shall be paid to the City of Hamilton by an applicant when an
application for a Right of Way Dedication Plat Approval is filed.
1190.12
Certificate of Appropriateness. A nonrefundable fee of Fifty Dollars ($50.00) on a
commercial property, Twenty Five Dollars ($25.00) on a residential property for a
Certificate of Appropriateness will be required for any work on a property in an
Architectural Conservation/Historic District or a property listed on the State of Ohio
Historic Inventory that is not considered like for like (Section 1126.20, Subsection
11) or is a return to original historic materials (Section 1126.50). (OR2012-4-25)
(REVISED: OR2016-8-67)
1190.13
Addition or Removal from Architectural Conservation / Historical District. A
nonrefundable fee of Three Hundred Dollars $300.00 dollars shall be paid to the City
of Hamilton upon the filing of an application to designate property as or remove the
designation of property as a Historic Preservation District.
1190.14
Request for Vacation of Public Right of Way. A nonrefundable fee of One Hundred
Dollars ($100.00) shall be paid to the City of Hamilton by an applicant when an
application for a Vacation of Public Right of Way is filed.
1190.15
Request for Lot Split or Combination A nonrefundable fee of One Hundred Dollars
($100.00) shall be paid to the City of Hamilton by an applicant when an application
for a lot split or lot combination is filed.
1190.16
Telecommunications Registration Fee. A nonrefundable fee of Three Hundred
($300.00) dollars shall be paid to the City of Hamilton when an application for
installation of a new telecommunications tower or new telecommunications antenna
on an existing tower or other structure is filed.
373
SECTION II
Repeal Of Conflicting Ordinance: "Part Eleven - Zoning Code" being Sections
1101.01 to 1109.02 and 1119.01 to 1153.09 inclusive of the Codified Ordinances of
the City of Hamilton and all amendments thereof or supplementary thereto are
hereby repealed.
SECTION III
Effective Date: This Ordinance shall take effect and be in full force from and after the earliest
period allowed by law.
PASSED:
JUNE 9, 1971
ATTEST:
EDNA GERON
City Clerk
MARK C. PETTY
Mayor
The undersigned does hereby certify the foregoing to be a true and correct copy of Ordinance No.
7503, passed by the Council of the City of Hamilton, Ohio, on June 6, 1971.
EDNA GERON
City Clerk, June 6, 1971
City of Hamilton, Ohio
Amendments passed by the Council of the City of Hamilton on various dates are included herein
and kept on file with the Clerk of City Council.
l
374
APPENDIX
DIAGRAMS AND FIGURES
375
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