§ 1204.05. Site Development Standards.

(A)

MEASUREMENTS, COMPUTATIONS, AND EXCEPTIONS.

(1)

Distance Measurements. Unless otherwise expressly stated, distances specified in this code are to be measured as the length of an imaginary straight line joining those points.

(2)

Lot-Area Measurements.

a)

The area of a lot includes the total horizontal surface area within the lot's boundaries.

b)

The area of a panhandle on a panhandle lot shall not count toward the minimum lot area requirement.

(3)

Reductions in Area Prohibited. No lot, yard, court, parking or other space shall be reduced in area or dimensions so as to make said area or dimensions less than the minimum required by this code unless approved as part of a PUD or conservation subdivision; and, if already less than the minimum required by this code, said area or dimensions shall not be further reduced.

(4)

Setbacks and Yards.

a)

Measurements. Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located. Setbacks shall not contain any structure except when in conformance with this code. See Figure 1204-B.

b)

Yards Required for Buildings. A yard or other open space required for a building shall not be included as part of a yard or other open space for another building.

c)

Front Yard Modifications. In any residential district, no front yard depth shall be required to exceed the average minimum depths of the existing front yards on the lots adjacent to each side, if each of such lots is within the same block and within 100 feet of the principal building. Modification of the front yard in accordance with this section will not create a nonconforming lot unless the lot or structure does not meet other applicable provisions of this code. See Figure 1204-C.

d)

Permitted Obstructions in Minimum Required Yards. Certain features may project into required yards as follows:

i)

The following architectural features may project into any required front or rear yard:

A.

Cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet, six inches. This dimension is measured horizontally from the adjacent exterior wall, and shall include allowance for eave, gutter and any other attachment.

B.

Fire escapes may project a distance not exceeding four feet, six inches.

C.

An uncovered stair and necessary landing may project a distance not to exceed six feet, provided such stair and landings shall not extend above the front entrance floor of the building except for a railing not exceeding three feet in height or as required by the applicable Building Code.

D.

Bay windows, balconies and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

ii)

The architectural features identified in paragraph (a) above may project into any required side yard a distance not to exceed one-fifth (1/5) of the required width of such side yard.

iii)

Outdoor Storage, fences, landscaping, accessory structures or uses may in accordance with the applicable regulations

iv)

Industrial Uses adjacent to residential zones or uses shall comply with the following:

A.

Within the required 200 foot setback as specified in Table 1204-6 no outdoor storage, accessory use or structure or railroad facilities shall occur.

B.

Access drives and employee parking shall be no closer than 100 feet to a residential zone or use.

C.

Employees recreational facilities without structures are permitted within the minimum yard area.

e)

Obstructions, Fences, Walls and Hedges.

i)

Every part of a required yard shall be open and unobstructed to the sky, except as may otherwise be allowed in this code. This requirement shall not prevent the construction of fences, walls, or hedges in accordance with this subsection.

ii)

Fences, walls, and continuous hedge row may be located in any rear yard provided it does not exceed six feet in height. Fences, walls and continuous hedge row shall not exceed eight feet in height in the rear yard in the L-1, H-1, and B-P districts.

iii)

Fences, walls, and continuous hedge row may be located in any side yard of the principle building, provided it does not exceed six feet in height.

iv)

Fences and continuous hedge row with a maximum opacity of 50 percent shall be permitted in any front yard area located between the front building line (or other applicable building lines on corner and through lots) not exceeding four in height. Any solid continuous hedge row, fence or wall shall not exceed three feet in the front yard area. The Code Enforcement Officer may grant an exception to the front yard height and opacity on through or corner lots that have two front yards (i.e. State Route 63) for the area that functionally serves as the rear yard subject to any provisions that may be imposed to ensure the surrounding character of the neighboring lots is preserved.

v)

Fences shall be constructed of materials that may include cedar, pressure treated lumber, vinyl, wrought iron, aluminum, or similar materials as determined and approved by the Code Enforcement Officer.

vi)

The use of barbed wire, razor wire, spikes, nails, electrical or similar type fences shall be prohibited. Barbed wire and electrical fences are permitted in Agricultural districts except along lot lines adjacent to residential zones.

vii)

Primarily woven wire fences are prohibited in residential zoning districts and on residential lots with the exception of woven wire temporarily permitted in conjunction with a garden use. Woven wire fencing (not including chain link) is only permitted in residential zoning districts and on residential lots in conjunction with split rail fencing and the wire should be attached to the inside of the fence where practical.

viii)

Chain Link fencing is prohibited in the front yard in residential zoning districts or in the front yard of residential lots. Chain link type fences may be used in the rear yard of business and industrial zoning districts provided they are plastic coated and are black in color or as otherwise approved by the Code Enforcement Officer.

ix)

All fences and walls must be erected so that the finished side faces outward, and the rough or unfinished side faces interior to the property being enclosed.

x)

No fence or wall shall be erected within a drainage easement or designated floodplain where the sole purpose is to allow the flow, detention, or retention of storm water, unless otherwise approved by the City Engineer, Butler County Engineer, or Warren County Engineer's Office, as applicable as determined by the Code Enforcement Officer.

xi)

Landscaped mounds may be constructed in lieu of or as part of a fence, wall, or hedge row in accordance with these provisions. In no case shall such mound or combination of mound and fence, wall, or hedge row be constructed to a height that exceeds the maximum permitted height of fence, wall, or hedge row as established in this section unless as approved by the Code Enforcement Officer as required in Chapter 1212: Landscaping and Buffering Standards.

xii)

All fences and walls shall be kept in good repair and appearance.

xiii)

The Code Enforcement Officer may grant an exception to these requirements for agricultural uses, water supply/treatment facilities, sewage/liquid waste treatment facilities, outdoor utility substations/distribution facilities, safety or service facilities, any safety issue (i.e. swimming pool access on a grade or soil stabilization) or industrial operations when these facilities could pose a security or physical hazard as determined by the Code Enforcement Officer.

f)

Interior Lots.

i)

The required minimum front yard setback shall be measured from the street right-of-way or, where a right-of-way is not identified, the front lot line. See Figure 1204-D.

ii)

The lot line located directly behind the rear of the structure, as determined by the Code Enforcement Officer, shall be the rear lot line and the rear yard setback shall be applied. See Figure 1204-D.

iii)

All other lot lines shall be considered the side lot line and the side yard setback shall be applied. See Figure 1204-D.

g)

Corner Lots. Lots that have street frontage on two intersecting streets shall be considered a corner lot, subject to the following:

i)

The required minimum front yard setback shall be provided from each street right-of-way or, where a right-of-way is not identified, the lot line adjacent to the street. See Figure 1204-E.

ii)

The lot line that runs parallel with the rear façade of the building shall be the rear lot line and the minimum rear yard setback shall be applied from such lot line. See Figure 1204-E.

iii)

All other lot lines shall be a side lot line and the minimum side yard setback shall be applied from such lot lines. See Figure 1204-E.

h)

Double and Triple Frontage Lots.

i)

Where a lot is considered a double (through lot) or triple frontage lot, the required minimum front yard setback shall be provided on all lot lines that abut a street. See Figure 1204-F.

ii)

The remaining lot lines not abutting a public road right-of-way shall be considered as side yards and shall have the required minimum side yard setback provided for each side lot line. See Figure 1204-F.

iii)

For the purposes of allowing accessory uses in a rear yard, the yard that is located to the rear of the principal building shall be considered the rear yard.

iv)

Where alleys exist in the City, any lots that have frontage along the alley shall be not be considered a through lot and shall either be regulated as an interior lot or corner lot depending on the location of the subject lot within the block.

i)

Panhandle Lots. Panhandle lots shall be discouraged and may only be approved if necessitated by unique topographic features or other special physical conditions. Panhandle lots shall be subject to the following regulations:

i)

Flag or panhandle lots shall not be used to avoid the construction of a street.

ii)

The panhandle shall have a minimum width of 20 feet along the entire width of the panhandle. The length of the panhandle portion of a lot shall be a maximum of 300 feet.

iii)

The minimum front yard setback requirement shall be measured from the lot line that creates the rear lot line of the adjacent lot as illustrated in Figure 1204-G.

iv)

The panhandle portion of the lot shall not be used for storage nor shall any structures be permitted in such portion of the lot.

v)

The Code Enforcement Officer may provide a waiver of the setback requirements to allow up to a 20 percent reduction in the minimum setback requirement when a dwelling's setback requirement cannot be met due to the unique shape or other developmental constraints (i.e. easement location) of a panhandle lot as indicated on an approved preliminary plat.

vi)

When two or more lots share a driveway, the owner of the panhandle lot shall file a shared driveway maintenance agreement with the Development Department.

j)

Cul-de-Sac or Curved-Street Lot.

i)

For a cul-de-sac lot or a lot abutting a curved street, the front-yard setback shall follow the curve of the front property line. See Figure 1204-H.

ii)

Lots on a cul-de-sac, including panhandle lots, shall be required to have a minimum lot width of 40 feet measured at the right-of-way line.

iii)

On a cul-de-sac roadway, knuckle, or eyebrow, the required 40-foot street frontage shall be required and measured at the street right-of-way on the curve of the cul-de-sac, knuckle, or eyebrow.

(5)

Lot Width and Street Frontage Measurements. Lot width is the distance between the side lot lines measured along the front yard setback line.

(6)

Height Measurement and Exceptions.

a)

Height Measurement.

i)

Where specified in stories, building height shall be measured in number of stories above the finished grade for any elevation fronting on a public street including attics, half-stories, mezzanines, and at-grade structured parking. This excludes features that are less than one-half story or completely below grade, such as basements, cellars, crawl spaces, subbasements, and underground parking structures.

ii)

Where specified in feet, building height shall be measured as the vertical distance from the average grade at the base of the structure to the mid-point between the eaves and the peak line for any sloped roof or to the highest point of a flat roof. See Figure 1204-1.

b)

Exceptions to Height Limits. Height limitations stipulated in this code shall not apply to barns, silos or other agricultural buildings or structures on farms (not located in an improved platted subdivision); to church spires, belfries, cupolas and domes, monuments, chimneys, smokestacks, flag poles; or to parapet walls extending not more than four feet above the limiting height of the building.

(B)

GENERAL DEVELOPMENT STANDARDS.

(1)

Height Limit at Street Corners (Traffic Safety Visibility Triangle). Development proposed adjacent to any public or private street, or alley intersection, shall be designed to provide a clear visibility area for pedestrian and traffic safety.

a)

A traffic safety visibility triangle area, which may include private property and/or public right-of-way, is a triangle area defined by measuring 30 feet from the intersection of the extension of the front and side street curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property. See Figure 1204-J.

b)

For intersections of streets and driveways, the traffic safety visibility area shall be created by measuring 25 feet from the edge of the driveway along the street and 20 feet along the driveway, perpendicular from the street. See Figure 1204-K.

c)

No structure, sign, or landscape element shall exceed 30 inches in height, measured from the top of the curb, within the traffic safety visibility area, unless approved by the Code Enforcement Officer.

d)

An exception to this requirement shall be for existing trees where the canopy is trimmed to a minimum of eight feet above grade.

(2)

Minimum Floor Area Requirements. In order to promote healthful living conditions and to stabilize the value and character of residential areas, dwelling units shall be erected, altered, moved, maintained and occupied only in accordance with the following minimum floor area requirements. For the purposes of calculating the floor area, all areas within basements, garages, stairs and any attached or detached accessory building or structure shall not be included.

a)

In the R-1 and R-2 districts and Agricultural Districts, there shall be a minimum total floor area of 1,800 square feet.

b)

In the R-3 and R-4 districts, there shall be a minimum total floor area of 900 square feet plus an additional 150 square feet for each additional sleeping room over one.

(C)

SITE DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS.

(1)

Table 1204-5: Site Development Standards for Residential Zoning Districts, establishes the minimum site development standards for residential zoning districts.

(2)

There shall not be more than one principle building/use on an individual lot except as otherwise permitted as part of a PUD District or as part of an approved condominium project.

TABLE 1204-5: SITE DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS
	MINIMUM LOT AREA [1]	MINIMUM LOT WIDTH (FEET)	MAXIMUM % OF LOT COVERAGE	MINIMUM SETBACKS			MAX. BUILDING HEIGHT (FEET) [2]
				FRONT YARD (FEET)	SIDE YARD EACH SIDE (FEET)	REAR YARD (FEET)
A-1 LARGE-SCALE AGRICULTURAL DISTRICT
Single-Family Dwellings[3]	5 acres	200	20%	40	25	40	35
Raising of Animals	0	0		0[5]	0[5]	0[5]
Raising of Crops	0	0		0	0	0
All Other Permitted Uses	5 acres	200		200	200	200
A-2 SMALL-SCALE AGRICULTURAL DISTRICT
Single-Family Dwellings[3]	40,000 sq. ft.	100	20%	40	25	40	35
Raising of Animals	40,000 sq. ft.	100		0[5]	0[5]	0[5]
Raising of Crops	0	0		0	0	0
All Other Permitted Uses	2 acres	150		100	50	100
R-1 SINGLE-FAMILY RESIDENTIAL INFILL DISTRICT
Single-Family Dwellings	9,000 sq. ft.	75	35%	40	10	30	35
All Other Principal Uses	20,000 sq. ft.	100		40	20	40
R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT
Single-Family Dwellings [3]	15,000 sq. ft.	90	30%	40	10	30	35
All Other Principal Uses	20,000 sq. ft.	100		40	20	40
R-3 TWO-FAMILY RESIDENTIAL DISTRICT
Two-Family Dwellings	11,200 sq. ft.	80	35%	40	10	30	35
All Other Principal Uses	50,000 sq. ft.	100		40	20	40
R-4 MULTI-FAMILY RESIDENTIAL DISTRICT
Two-Family Dwellings	11,200 sq. ft.	80	40%	40	10	30	35
Multi-Family Dwellings[4]	43,560 sq. ft.	100		40	10	30
All Other Principal Uses	40,000 sq. ft.	100		40	20	40
NOTES:
[1] sq. ft. = square feet
[2] Building heights are maximum heights except as provided in Section 1204.05(A)(6): Height Measurement and Exceptions.
[3] The minimum site development standards for conservation subdivision uses may vary from these requirements in accordance with Section 1204.04(A)(3): Conservation Subdivisions.
[4] A minimum of 15% of any lot containing a multi-family dwelling shall remain landscaped or permanently protected as green space.
[5] The minimum setbacks may vary from these requirements in accordance with Section 1204.04(A)(2).

 

(D)

SITE DEVELOPMENT STANDARDS FOR BUSINESS ZONING DISTRICTS.

(1)

Table 1204-6: Site Development Standards for Business Districts establishes the minimum site development standards for business zoning districts.

(2)

There can be more than one principal building/use on an individual lot when such building or uses are related for a common production process, a shopping facility, or office use (i.e. a research facility with multiple buildings but, not multiple restaurant structures on one parcel). When multiple principal buildings are located on an individual lot, the spacing between the buildings shall be reviewed and approved during site plan review to ensure an adequate amount of building spaces and preservation of landscaping areas.

TABLE 1204-6: SITE DEVELOPMENT STANDARDS FOR BUSINESS DISTRICTS
DISTRICTS	MINIMUM SETBACKS [1]				BLDG. HEIGHT (FEET)[2]		MAX. LOT COVERAGE
	FRONT YARD (FEET)	SIDE YARD EACH SIDE (FEET)	REAR YARD (FEET)	SIDE OR REAR YARD ABUTTING RESIDENTIAL USE	MIN.	MAX.
C-1 Highway Commercial District	50	5	5	50	20	70	75%
C-2 General Commercial District	50	5	5	50	20	60	75%
C-3 Downtown Commercial District	None	5	5	20	15	40	95%
C-4 Gateway Commercial District	50	5	5	50	15	55	75%
B-P Business Park District	50	10	10	50	20	70	70%
L-1 Light Industrial District	20 [3]	10	10	200	0	70	85%
H-1 Heavy Industrial District	20 [4]	10	10	200	0	70	85%
NOTES:
[1] Additional setback requirements may also be required in Chapter 1211: Parking, Loading, and Circulation or Chapter 1212: Landscaping and Buffering Standards.
[2] The first number in the building height column is the minimum building height (Min.). The second number is the maximum building height (Max.) except as provided in Section 1204.05(A)(6): Height Measurement and Exceptions.
[3] The front yard setback shall be 150 feet when adjacent to a residential district.
[4] The front yard setback shall be 200 feet when adjacent to a residential district.

 

( Ord. No. 2014-06, §§ 9—11, 2-25-14 ; Ord. No. 2015-18, §§ 3, 4, 7-14-15 ; Ord. No. 2015-37 , § 2, 11-24-15; Ord. No. 2018-05, §§ 7—10. Passed 4-10-18 )