Ashville City Zoning Code

TITLE FIVE

Additional Zoning Regulations

1167.01 LOT WIDTH.

(a) Frontage Required. No building, structure, or improvement shall be constructed or altered nor any new lot be established, unless such lot fronts on a publicly dedicated and improved street or thoroughfare within the Village.

(b) Lot Width. Lot width shall be measured along the minimum building setback line for the district within which such lot is located.

1167.02 FRONT YARDS.

(a) Front Yard Requirements. All front yard space shall be maintained in a neat and orderly state.

(b) Front Yard Measurements. Front yard depth shall be measured from the right-of- way line of the street or highway to the building line.

1167.03 SIDE YARDS.

(a) Measurement. Side yard width shall be measured from the nearest side lot line to the building line.

(b) Open Porches. In a residential district, an open, uncovered porch or paved terrace may project into a required side yard, if a minimum of five (5) feet is maintained to any adjoining lot line.

(c) Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a side yard so long as the minimum side yard is maintained.

1167.04 REAR YARDS.

(a) Measurement. Rear yard depth shall be measured from the rear lot line to the building line. Where a lot abuts a service street or alley, the rear yard shall be measured from the right-of-way line of the existing street or alley.

(b) Accessory Uses or Structures. Accessory uses or structures may be allowed in a rear yard, subject to requirements of Chapter 1175 of this Ordinance.

1167.05 HEIGHT.

Height regulations specified in the various zoning districts shall not apply to chimneys, tanks, cupolas, domes, spires, or similar structures attached to a structure.

1169.01 PURPOSE.

The purpose of these requirements is to encourage the orderly development of parking and loading areas within the Village and to promote the safety of residents and visitors by insuring the efficient handling of vehicular traffic.

1169.02 PROVISION FOR PARKING REQUIRED.

In all zoning districts, at the time any building, structure or use is changed, established, erected, developed, or is enlarged or increased in capacity, there shall be provided off-street parking spaces in accordance with the provisions of this chapter.

1169.03 GENERAL REQUIREMENTS.

(a) Access. All off-street parking and loading areas provided in accordance with this section shall have direct access to a publicly dedicated and improved street or alley.

(b) Surfacing. All off-street parking areas shall be properly graded, drained, marked and surfaced so as to provide a hard, durable and dustless surface.

(c) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect light away from any adjoining premises in any zoning district where residences are a permitted use. In addition, such lighting shall be so arranged as to not interfere with traffic on any adjoining street or to be confused with any traffic control lighting.

(d) Location of Parking Spaces.

(1) Proximity to street right-of-way. In all districts, a five (5) foot clear zone shall be maintained between the street right-of-way line, and any parking space. Parking areas shall be so designed and arranged as to not allow the protruding of any vehicle (or portion thereof) over the clear zone.

(2) Proximity to use.

A. In the VC District, required parking and loading spaces shall be provided either on the same lot, or within 200 feet of the principal use which they serve.

B. In all other Districts, required parking and loading spaces shall be provided on the same lot as the principal use which they serve.

(e) Joint Provision of Parking Facilities. Two or more buildings or uses located in the same area may meet parking and loading requirements by the joint provision of parking and loading facilities, provided those facilities are located so as to meet the requirements of subsection (d) hereof, and the number of spaces so provided shall not be less than the sum of required spaces as per Section 1169.04 of this Ordinance.

(f) Parking Limitations in Residential Districts. Travel trailers, motor homes, pick-up campers, folding tent trailers, boats or boat trailers and similar recreational equipment and/or inoperable vehicles shall not be parked on streets or alleys in any district where residences are a permitted use. The storage of such equipment shall also be subject to the following requirements:

(1) Not more than two (2) pieces of recreational equipment, not more than one which can be a motor home, shall be permitted to be stored outside on a parcel containing a single family or two-family dwelling. For the purpose of this Section, a boat stored on a boat trailer shall be deemed one piece of recreational equipment.

(2) Recreational equipment shall not be occupied or used for living, sleeping and/or housekeeping for a period of time exceeding two (2) weeks.

(g) Provision of Parking in the VC District. The Village Center District contains small lots and is served by on street parking. For these reasons, special regulations are justified in this district. Non-residential uses located within the VC District must provide only thirty percent (30%) of the required spaces as specified in Section 1169.04 , provided that - in all cases - sufficient off- street spaces shall be provided for all employees of the establishment.

1169.04 REQUIRED NUMBER OF OFF-STREET PARKING SPACES.

Parking spaces shall be provided according to the following Schedule which is hereby made a part of this Ordinance.

USE	NUMBER OF REQUIRED SPACES
(a) Residential.
(1) Single of multiple-family residences	Two (2) per dwelling unit.
(2) Institutional housing, other residential uses	One (1) per three (3) occupants plus two (2) for each main work shift.
(b) Commercial.
(1) Professional, administrative and business	One (1) for each 400 s.f. of gross floor area.
(2) Food, department, general merchandise, hardware, drugs, or other retail sales	One (1) for each 200 s.f. of gross floor area.
(3) Eating or drinking establishments without drive-through facilities	One (1) for each 100 s.f. of gross floor area.
(4) Eating or driving establishments with drive-through facilities	One (1) for each 75 s.f. of gross floor area plus additional space in the drive-through lanes equal to twenty-five percent (25%) of the required number of parking spaces.
(5) Personal services, including banks, savings and loans, and repair services without drive-through facilities	One (1) for each 200 s.f. of gross floor area.
(6) Personal services, including banks, savings and loans, and similar services with drive-through facilities	One (1) for each 200 s.f. of gross floor area plus additional space in drive-through lanes equal to eighty percent (80%) of the required number of parking spaces.
(7) Barber and beauty shops	Two (2) for each work station.
(8) Gasoline and service stations, automobile service	Two (2) for each service bay plus one (1) for each pump, plus one (1) for each employee during the main shift.
(9) Self-serve laundries	One (1) for each three (3) washers.
(10) Medical and dental offices, human clinics	Four (4) for each doctor or dentist.
(11) Veterinary clinics, animal hospitals	Three (3) for each doctor.
(12) Hotels, bed-and-breakfast establishments	One (1) for each sleeping room plus one (1) for each employee during the main shift.
(13) Funeral homes	One (1) for each 400 s.f. of gross floor area.
(c) Industrial.
(1) Any manufacturing, processing, packaging, warehousing, distribution or service industry	Two (2) for each three (3) employees during work shift having greatest number of employees, plus one (1) for each vehicle maintained on the premises.
(d) Institutional.
(1) Churches and places of public worship	One (1) for each four (4) seats in main sanctuary.
(2) Public or private elementary or secondary school	Four (4) for each classroom, or one (1) for each seat in main auditorium, whichever is greater.
(3) Business, trade or technical school, college or university	One (1) for each two (2) students and one (1) for each faculty member.
(4) Nursery school/day care	One (1) for each fifteen (15) students.
(5) Libraries, museums, community centers and similar facilities	One for each 400 s.f. of gross floor area.
(6) Civic, social and fraternal organizations	One (1) for each three (3) persons allowed in main meeting room at full capacity.
(7) Hospitals, nursing facilities	One (1) for each four (4) beds plus one (1) per employee on main shift.
(e) Recreational.
(1) Baseball, softball, football, soccer or similar organized sport playfield	Twenty (20) for each playfield, plus one for each six (6) seat in stands.
(2) Tennis, handball or racquetball courts	Three (3) for each court.
(3) Bowling alleys	Four (4) per lane, plus necessary spaces as required for auxiliary uses such as restaurants.
(4) Theaters, stadiums, sports arenas, auditoriums or other assembly halls other than schools	One (1) for each (4) seats.

1171.01 PURPOSE.

The purpose of these sign regulations is to encourage the proper development and regulation of signs and signage systems within the Village of Ashville. It is the intent of these regulations to prevent signs from becoming a distraction or obstruction to the safe flow of pedestrian and vehicular traffic, to prevent signs from becoming a nuisance to adjacent properties or uses, to protect and encourage a healthful economic business environment in the community and thereby protect the general health, safety, and welfare of the community.

1171.02 DEFINITIONS.

As used in this chapter, the following words or phrases shall have the meanings herein:

(a) "Awning" means a hood or cover that projects from the wall of a building and which can be retracted, folded or collapsed against the face of the supporting building.

(b) "Banner" means a nonrigid cloth, plastic or canvas sign typically related to a special event or promotion.

(c) "Canopy" means a structure separate from, but associated by use with the principal building. Such structure is supported independently by posts or columns, is open on all sides, and is intended only for shelter or ornamentation. A "canopy sign" is a sign that is attached to or a part of the roof of such a structure.

(d) "Directional sign" means any sign which indicates the direction or specific location of an institution, organization or business, which does not include advertising or any information regarding product lines or services offered.

(e) "Flashing" means a sign or graphic which in any manner, as a whole or in part, physically changes in light intensity or gives the appearance of such change.

(f) "Freestanding sign" means a sign erected on a pole, poles, pillars, or posts and which is wholly independent of any building for support.

(g) "Joint Identification sign" means a sign intended to provide the identity or name, for two or more uses within one building or on one property or the name of the building or its address for property occupied by two or more businesses.

(h) “Moving signs” means any sign, all or any part of which physically moves or is animated so as to give the appearance of movement.

(i) “Pennant” means a triangular-shaped banner.

(j) "Permanent subdivision identification sign" means those signage features specifically related to the denotation of a major entrance or entrances to a subdivision.

(k) "Permanent sign" means a sign intended to be erected, displayed or used, or in fact which is used for time period in excess of one (1) year.

(l) "Portable sign" means a sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes and shall include:

(1) “Trailer sign” meaning a sign that is constructed on a chassis intended for the mounting of wheels, thereby permitting the sign to be moved forward.

(2) "Folding portable sign" meaning a sign constructed of wood or other durable material which can be folded or collapsed for ease of transport.

(m) "Projecting sign" means a sign which extends outward perpendicular to the building face.

(n) "Roof sign" means any sign erected upon or completely over the roof of any building.

(o) "Sign" means any device for visual communication which is designed, intended, or used to convey a message, advertise, inform or otherwise direct attention to a person, institution, organization, activity, business, place, object or product. Signs that are placed internally within a structure or building that are not externally visible shall be excluded from the sign regulations of this Ordinance. Signs erected by the local, state or federal government for the purposes of discharging in any normal governmental function, such as traffic control or safety, are likewise excluded from the regulations of this chapter.

(p) "Streamer" means a ribbon-shaped or cord-like rope which may have pennants and/or banners attached which is stretched or hung between two (2) or more supports.

(q) "Temporary sign" means a sign intended to be displayed, or in fact displayed, for a time period of less than one (1) year.

(r) "Wall sign" means a sign attached to a building face, with the exposed face thereof in a plane parallel to the plan of the wall. Wall signs include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings.

(s) "Window sign" means a sign, graphic, poster, symbol or other identification which is physically affixed to or painted on the glass or other structural component of the window.

1171.03 SIGN PERMITS.

(a) Permit Required. No permanent or temporary sign, except as exempted in Section 1171.04 of this Ordinance shall hereafter be erected, constructed or maintained within the Village of Ashville unless a permit for the same has been issued by the Zoning Inspector. Such permit shall be separate from a zoning permit for the permitted use of the property.

(b) Contents of Application. Application for a permit to construct or erect a sign shall be made by the owner of the property upon which the sign is proposed, or his agent. The fee shall be established by separate Ordinance.

Each application for a sign permit shall be made on forms provided by the Zoning Inspector, and shall include the following information:

(1) Name, address, and telephone number of the applicant.

(2) Drawing or drawings showing at a minimum:

A. The design and layout of the proposed sign, including the total area of the sign and the size, height, character, materials and color of letters, lines, and symbols.

B. The method of illumination.

C. The exact location of the sign in relation to the building and property.

D. Details and specifications for the construction, erection and attachment of the sign.

(c) Construction Commenced. Construction, erection or placement of a sign requiring a permit shall not occur until such sign permit has been obtained. The permit fee for any such sign shall be doubled if any construction, erection or placement activity has occurred prior to approval of the permit. (Ord. 2000-14. Passed 7-24-00.)

1171.04 SIGNS WHICH DO NOT REQUIRE A PERMIT.

The following signs may be erected without a permit:

(a) Address and name of occupant of premises for a residential structure, not to include designations as to employment or home occupation, and to be limited in size to two (2) square feet.

(b) Signs required or authorized for a public purpose by any law, statute or ordinance of the Village. Such signs would include traffic control devices and school crossing signs, provided that such signs contain no supplementary advertising.

(c) Signs which are in the nature of cornerstones, commemorative tables and historical plaques, provided that such signs are less than nine (9) square feet in size and not illuminated.

(d) Signs clearly in the nature of decorations customarily associated with any national, local or religious holiday. Such signs may be of any illumination or animation provided that safety and visibility hazards are not clearly created.

(e) Signs or posters concerning candidates for elective office, public issues and similar matters to be decided by public election, to be displayed beginning no more than 45 days prior to election and to be removed no later than three (3) days after such election, subject to penalty. Such signs shall not exceed six (6) square feet in area, shall not be illuminated, and shall not create a safety or visibility hazard, nor be attached to any public utility pole or tree or be located within a public right-of-way.

(f) Signs that indicate the sale, development, rental or lease of a particular structure or land area, to be limited to one sign allowed per street front. Such signs shall not be located in a public right-of-way.

(g) Temporary window signs which promote special business sales, promotion or occasions.

(h) Signs, which are less than two (2) square feet in size and mounted or attached flat or parallel onto a building face of an administrative, business or professional office building, which denote the name and address of an occupant in a building where more than one tenant is located and which has individual and separate entries.

(i) A sign which advertises the sale of personal property, such as a garage, yard, porch or moving sale sign provided such sign, is located on the sale premises for a time period not greater than three (3) consecutive days, and is not to be located in a public right-of-way.

(j) Temporary construction signs which display the identification of the construction project including identification of the contractors, architects and other construction principals provided that such construction sign is removed upon the completion of construction or the commencement of occupancy, whichever event occurs first.

(k) Signs promoting community events and programs which last for a time period of 14 days or less and which are sponsored by nonprofit, public, educational, religious and charitable organizations. All such signs shall be removed not later than 48 hours after the scheduled activity.

1171.05 GENERAL REQUIREMENTS.

(a) Compliance Required. Temporary and/or permanent signs shall be subject to the following requirements, as well as the requirements of the Schedule of Sign Regulations in Section 1171.09 .

(b) Wall Signs, Awning/Canopy Signs, Projecting Signs. Wall signs may be erected on any building wall or extension of a building wall which faces a street parking lot or service drive, and such sign may not extend beyond any building setback line. Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of twelve (12) inches, except as follows:

(1) Signs may be painted on an awning area or attached to a canopy, marquee or roof which projects beyond the building provided that no part of such sign may extend above the roof line, canopy or marquee.

(2) Projecting sign not to exceed eight (8) square feet in size, is placed not less than eight (8) feet above the sidewalk or ground level, and projects no more than six (6) feet outward from the building face.

(c) Freestanding Signs. Freestanding signs may be erected on a lot provided the location, height and other characteristics of the sign meet the regulations of this chapter.

(d) Window Signs. Permanent window signs shall be limited to signs denoting the identification of the occupant, the address of the premises, and its use. Window signs shall be limited to one sign per window and shall not exceed thirty-three percent (33%) of the total area of the window.

(e) Off-Premises Signs. Not more than one (1) off-premises sign with a sign face area not exceeding twenty-five (25) square feet shall be permitted on a single lot.

(f) Portable Signs. Portable signs, as defined in Section 1171.02 , shall be permitted as temporary signs. Such signs may not be located within the right-of-way (including sidewalk areas) and must be removed prior to thirty (30) days from the date of first display. Once removed, such signs shall not be displayed for a period of thirty (30) days from the date of issuance.

(g) Roof Signs. Roof signs shall be prohibited.

(h) Joint Identification Signs. Joint identification signs shall be limited to wall or freestanding signs, and to premises where there are two (2) or more uses located on one (1) property. If the property fronts on one (1) public street, only one joint identification sign is permitted. If the property fronts on two (2) public streets, two (2) joint identification signs shall be permitted. Such joint identification signs shall be permitted in addition to the individual business signs as permitted in Section 1171.09 .

(i) Permanent Subdivision Identification Signs. Permanent signs identifying a residential subdivision shall be limited to wall mounted signs only, with placement on entrance features used to denote the entrance to the subdivision. Such signs shall conform to the provisions of Section 1171.09 .

(j) General Requirements.

(1) Illumination of signs shall be permitted in all districts. Illumination shall be from a concealed or indirect light source and shall not flash, blink, fluctuate in intensity, travel, move or in any manner fail to provide constant illumination, and shall not create a hazard or visibility problem or interfere with or impair vehicular traffic. The level of illumination emitted from a sign shall not be of an intensity to constitute a demonstrable safety hazard to vehicular movement on any street. Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent properties or streets.

(2) Moving signs and the animation of signs are prohibited.

(3) No permanent sign shall contain or consist of banners, pennants, ribbons, streamers, balloons or similar devices.

(4) All signs and parts thereof, including any electrical wiring, shall be erected, constructed, and maintained so as to not constitute a safety hazard.

(5) No sign or part of a sign, except for public signs as described in Section 1171.04 (b) above, shall be located within, over, or extend over any public right-of-way, nor shall any sign be located or attached to any utility pole or other utility structure. Signs located in the VC District may be located in or above sidewalk areas which may be within the street right-of-way, but shall not be attached to any utility pole.

1171.06 MEASUREMENT OF SIGN.

For the purposes of this Ordinance, the measurement of sign area shall comply with the following standards:

(a) Sign area shall include the face of all the display area of the sign not including bracing, framing and structural supports of the sign, unless such support members are made part of the message or face of the design.

(b) Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign. For spherical signs, the sphere shall be bisected by an imaginary line through the center of the sphere, and the surface area of the half sphere shall be counted as the sign face. For cubical signs, the area of all display faces shall be included in determining the area of the sign.

(c) The area of the letters, numbers or emblems mounted on a building wall or wall extension shall be computed by enclosing such sign with the smallest single continuous perimeter consisting of rectangular or series of rectangles around the letters, number or emblems, and determining the area.

(d) For structures and uses having no direct frontage on public roads, as within shopping centers, frontage shall be counted as the intersection of the building line onto adjacent drives or parking areas.

1171.07 NONCONFORMING SIGNS.

(a) Abandonment. The continuance of an existing sign which does not meet the regulations and requirements of this chapter shall be deemed a nonconforming sign which shall terminate by abandonment when any of the following conditions exist:

(1) When the sign is associated with an abandoned use.

(2) When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least ninety (90) consecutive days. Seasonal businesses are exempt from this requirement.

(3) When the sign is not maintained or does not conform to the following:

A. All signs, together with all supports, braces, guys and anchors shall be kept in a proper state of repair.

B. Every sign and the immediately surrounding premises shall be maintained by the owner, or his agent, in a clean sanitary and inoffensive condition, free from all obnoxious substances, rubbish and weeds.

Upon finding that the sign is abandoned, the right to maintain and use such sign shall terminate immediately.

(b) Relocation or Replacement. A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this Section. Should any replacement or relocation occur without being brought into compliance, the sign shall be existing illegally, and subject to the penalties as specified in Section 1171.08 of this Ordinance.

(1) The size and structural shape of the sign shall not be changed or altered. The copy may be changed provided that the change applies to the original use associated with the sign at the time the sign became nonconforming. The copy area shall not be enlarged.

(2) In case damage occurs to the sign to the extent that more than 50 percent (50%) of the replacement value is lost, the sign shall be removed within sixty (60) days.

1171.08 PENALTIES.

Any person, firm, corporation, partnership or association violating any provision of this chapter or failing to obey any lawful order issued pursuant to its terms shall be subject to fines and penalties as specified by separate Ordinance.

1171.09 SCHEDULE OF SIGN REGULATIONS.

The Schedule of Sign Regulations as follows on the accompanying table is hereby made a part of this Ordinance.

1171.09 SCHEDULE OF ON-PREMISES SIGN REGULATIONS.

Use District	Permitted Types	Maximum Number of Signs	Maximum Height (ft.)	Maximum Area (sq. ft.)	Minimum Feet From R.O.W. (Freestanding Sign)
Residential
Single Family Residences (all districts)	Wall	1	20	2	--
Subdivision Identification Signs	Wall	1	8	20	15
Two and Multiple-Family Dwellings (all districts)	Wall	1	20	2	--
Nursery Schools, Day Care Facilities, in VR District	Wall, freestanding	1	20	10	15
Commercial/Office/Institutional
Schools, churches, hospitals and other institutions in CF District**	Wall, freestanding	1 per frontage	25 (wall) 10 (freestanding)	40	10
Churches in VR District	Wall, freestanding	1	25 (wall) 10 (freestanding)	30	10
Permitted Uses in VC District	Wall, window, freestanding, projecting, awning	2 per frontage (not more than one freestanding)	20	40 (all signs)	--
Permitted Uses in the GB District*	Wall, window, freestanding, projecting, awning	2 per frontage* (not more than one freestanding)	15 (freestanding) 25 (other types)	50 (all signs)	15
Industrial
Permitted Uses within the LI District*	Wall, window, freestanding	2 per frontage (not more than one freestanding)	25	80	30

* In addition to the permitted signs above, businesses, offices and institutions in the GB and LI District shall be permitted not more than two (2)

directional signs. Such directional signs shall be not more than three (3) feet in height and be not more than two (2) square feet in area. The

location of such sign shall be not less than five (5) feet from the street right-of-way.

** Plans for signage must be submitted with the Development Plan; Planning and Zoning Board may impose additional requirements.

1173.01 PURPOSES.

The purposes of these landscaping regulations is to specifically encourage the preservation and replacement of major trees removed in the course of land development, to promote the utilization of landscaping as a buffer between particular land uses, and to minimize noise, air and/or visual pollution and artificial light glare.

1173.02 UNDESIRABLE TREES.

The following species of trees shall be deemed undesirable, and their use for landscaping purposes within the Village of Ashville shall be discouraged. In no case shall these species be planted within twenty-five (25) feet from any water, sanitary or storm drainage lines within the boundaries of the Village.

(a) Box-Elder (Acer negundo).

(b) Silver Maple (Acer saccharinum).

(d) Tulip Tree (Liriodendrum tulipfera).

(e) Mulberry (Morus alba).

(f) Poplars (all kinds) (Populus).

(g) Willows (all kinds) (Salix).

1173.03 TREE PRESERVATION.

When preparing and reviewing site and development plans, good faith effort shall be made to preserve natural vegetation. Streets, lots, structures and parking areas should be laid out to avoid unnecessary destruction of heavily wooded areas or outstanding tree specimens.

1173.04 LANDSCAPE SCREENING.

(a) Screening of Uses in Particular Districts. The development standards for particular districts require the installation of landscaped "buffer" areas of those side or rear yards that are adjacent to districts where single or two-family residences are permitted uses. When required, such screening shall consist of walls, landscaped earthen mounds, fences, natural vegetation or an acceptable combination of these elements, provided that screening must be at least seven (7) feet in height. The use of year-round vegetation, such as pines or evergreens, is encouraged. Landscaped screening shall have at least seventy-five percent (75%) opacity during full foliage.

(b) Screening of Trash Receptacles. The development standards for particular zoning districts require the screening of trash receptacles to effectively screen them from view. In those cases where screening is required, landscaping can be utilized to meet the requirement, provided the standards for such landscaping meet the requirements of subsection (a) hereof.

(c) Maintenance of Shrubbery and Hedges. In any district, no shrubbery or hedge shall be planted, in such a manner that any portion of growth extends beyond the property line. The owner or occupant of property on which there is shrubbery, hedges, or trees located so as to affect the vision of drivers on adjacent streets shall keep shrubbery and hedges trimmed to a maximum of thirty (30) inches in height, and keep trees trimmed so as to avoid covering or obscuring of traffic visibility or traffic control signals.

1173.05 LANDSCAPE MATERIALS USED AS BUFFERS.

Landscape materials utilized in meeting requirements of this Ordinance should complement the form of existing trees and plantings, as well as the general design and architecture of the developed area. The type of sun or shade should be considered in selecting plant materials. Artificial plants are prohibited. All landscape materials shall be living plants and shall meet the following requirements.

(a) Deciduous Trees. Trees which normally shed their leaves in the fall, shall be species having an average mature crown spread of greater than fifteen (15) feet and having trunks which can be maintained with over five (5) feet of clear wood in areas where visibility is required, except at vehicular use intersections where the clear wood requirement shall be eight (8) feet. A minimum of ten (10) feet overall height, or a minimum caliper (trunk diameter as measured six inches above the ground) of at least two (2) inches immediately after planting shall be required. Trees of undesirable species, as cited in 1173.02 above, are prohibited.

(b) Evergreen Trees. Evergreen trees shall be a minimum of three (3) feet high with a minimum caliper of one (1) inch immediately after planting.

(c) Undesirable Species. In meeting the planting and maintenance requirements of this chapter, the species of trees listed in Section 1173.02 shall not be utilized.

(d) Shrubs and Hedges. Shrubs shall be at least two (2) feet in average height when planted.

(e) Grass or Ground Cover. Grass of the fescue (Gramineae) or bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns, and may be sodded or seeded. In swales or similar areas subject to erosion nets, or suitable mulch shall be used; nurse grass shall be sown for immediate protection until complete coverage otherwise is achieved.

1175.01 GENERAL PROVISIONS.

(a) Height. An accessory use or structure shall not exceed eighteen (18) feet in height.

(b) Location. An unattached use or structure shall be located to the rear of the principal dwelling structure within any side or rear yard no closer than five (5) feet from any side or rear lot line in the RE or SR Districts, and four (4) feet in the VR, or VC District.

(c) Permitted Area. The total area of all accessory uses or structures shall not exceed 768 square feet, except for swimming pools and tennis courts which shall be exempted from these area requirements. Not more than one (1) moveable storage building shall be allowed on any single residential property, and such structure shall comply with the location requirements of subsection (b) above. (Ord. 2000-14. Passed 7-24-00.)

1175.02 HOME OCCUPATIONS.

Home occupations or professions shall be regulated as permitted or conditional uses in the various residential districts. A home occupation shall comply with the following standards:

(a) The use shall be clearly incidental and secondary to residential use of the dwelling and not more than twenty-five percent (25%) of dwelling unit floor area is devoted to the home occupation. (Ord. 2000-14. Passed 7-24-00.)

(b) The home occupation shall not generate greater traffic volume than is normal for a residential neighborhood.

(c) Not more than one (1) person, other than immediate family residing at the premises, shall be employed in such occupation.

(d) External indication of such home occupation shall be limited to one non-illuminated sign, not more than two (2) square feet, attached flat against the principal structure.

(e) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot.

(f) No home occupation shall be conducted from any accessory building on the lot.

In particular, a home occupation shall consist primarily of rendering specific personal services, such as those performed by a seamstress, member of the clergy, physician, dentist, lawyer, engineer, architect, accountant, artist, or private teacher. The home occupation shall be performed by the occupant of the premises and shall include employment of not more than one (1) non-resident of the premises.

1175.03 PRIVATE SWIMMING POOLS.

A "private swimming pool" as regulated herein, means any pool or open tank not located within a completely enclosed building and containing water to depth, at any point greater than one and one-half (1-1/2) feet. No such swimming pool, exclusive of portable swimming pools with an area of less than 100 square feet, shall be allowed in any residential district unless the following conditions and requirements are complied with:

(a) The pool is intended to be used solely for the occupants of the principal use of the property on which it is located.

(b) Such pool, including any walks, paved areas, and appurtenances thereto, shall not be located in any front yard, nor closer than five (5) feet to any property line or structure.

(c) The area of the swimming pool, exclusive of decks, walks and other appurtenances, shall not exceed ten percent (10%) of the area of the lot or parcel.

(d) All lights used for the illumination of the swimming pool and adjacent areas shall be designed, located and installed so as to confine the direct beams thereof to the lot or parcel on which the pool is located.

A zoning permit shall be required for the construction or installation of any private swimming pool. The owner of the property, or his agent, shall certify that the pool will be constructed, installed and maintained in conformance with the above requirements.

(Ord. 2002-09. Passed 10-7-02.)

1175.04 RESIDENTIAL FENCES AND/OR HEDGES.

(a) Definition. "Fence" or "wall" means any structure composed of wood, metal, stone, brick or other material, including hedges or other plants, erected in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partitioning, or decoration. Trellises or other structures for the purpose of supporting vines, flowers or other vegetation, when erected in such a position so as to enclose, partially enclose or divide any premises or any part of premises shall also be considered a fence.

(b) Permit Required.

(1) No fence or wall, as defined above, may be erected within the Village unless the property owner or his agent files application with the Zoning Inspector. Such application shall include a drawing of the lot, showing the actual location of the proposed fence or wall. The property owner shall determine property lines and certify that the fence or wall does not encroach upon another lot or parcel of land.

(2) This permit will allow future replacement of a fence when all of Section 1175.04 requirements are met, and when there are no material changes to the fence. If there are material changes to a fence, a new permit is required. A material change will mean any one or combination of the following:

A. Height of fence.

B. Location of fence on property.

C. Change in the construction material of the fence.

D. Change in any lot boundaries.

E. Change that includes items specified in Section 1175.05 (d).

(Ord. 2004-14. Passed 12-20-04.)

(c) Height and Location. The permitted height of a fence or wall shall be determined by its location on the property as follows:

(1) A decorative fence or wall not exceeding forty-two inches (42") in height may be erected within the front yard provided that the fence or hedge is located not less than three (3) feet from the street right-of-way line, and further provided that the provisions of subsection (c)(3) hereof are met.

(2) A fence or wall not exceeding seventy-two inches (72") in height may be erected in any portion of the lot so long as a minimum distance of twenty- five feet (25') is maintained from the front lot line, and adequate sight distance is maintained from streets and/or alleys.

(3) No fence, hedge, or wall shall be erected on any lot in such a manner so as to obscure the vision of motorists approaching a street intersection, within a twenty-five (25) feet clear sight distance along either street approaching said intersection.

(d) Prohibited Fences. In any residential district, no person shall erect or maintain any fence or wall charged with electrical current, nor shall any person erect or maintain any fence or wall having wire or metal prongs or spikes, or other cutting points or edges.

1175.05 DISH-TYPE SATELLITE SIGNAL RECEIVING ANTENNAS.

(a) Compliance Required. The owner or occupant of any lot, premises, or parcel of land within the Village who desires to erect a satellite dish in excess of eighteen inches (18") in diameter shall apply to the Zoning Inspector for a permit. On such application the owner or occupant shall certify that the requirements of this Ordinance are met. Satellite dish antennas eighteen inches (18") in diameter and smaller shall not require a permit for installation, and are exempt from these regulations.

(b) Location of Satellite Dish.

(1) Satellite dishes shall be permitted as an accessory use in those zoning districts where they are so specified.

(2) All satellite dishes shall be constructed or erected to the rear of the premises.

(3) No satellite dish shall be erected within five (5) feet from any lot line.

(4) No satellite dish shall be erected on the roof of any residential building or structure.

(5) No satellite dish shall be linked to receivers which are not located on the same lot or premises.

(6) Landscaping should be provided, or the dish shall be located so as to effectively screen the dish from view of adjacent parcels.

(c) Size and Height. The maximum diameter of any satellite dish shall not exceed twelve (12) feet. The maximum installed height of any satellite dish shall not exceed fifteen (15) feet above natural grade level.

(d) Satellite Dish Support Structures.

(1) Only metal supports of galvanized construction, or equal thereto, shall be permitted.

(2) Only a concrete base or caissons, depending on soil conditions, shall be permitted.

(3) The installed satellite dish structure shall be capable of withstanding a wind force of up to eighty-five (85) miles per hour.

(4) Any satellite dish must be grounded to an eight (8) foot grounding rod.

1177.01 PURPOSE.

The purpose of this chapter is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of this section to regulate businesses, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult entertainment businesses, residential areas, schools, churches, parks and playgrounds within the Village.

1177.02 DEFINITIONS.

(a) "Adult Entertainment Facility" means any establishment which is involved in one or more of the following listed categories.

(1) "Adult Book Store" means an establishment which utilizes fifteen percent (15%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on "specified sexual activities" or "specified anatomical areas" as defined below.

(2) "Adult Motion Picture" means a facility for the display of motion pictures which is regularly used or utilizes fifteen percent (15%) or more its total viewing time for presenting material distinguished or characterized by an emphasis to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

(3) "Adult Entertainment Business" means any establishment involved in the sale or services of products characterized by the exposure or presentation of "specified anatomical areas" or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.

(b) "Specified Sexual Activities" means any of the following:

(1) Human genitals in a state of sexual stimulation or arousal.

(2) Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or sadomasochistic sexual abuse.

(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.

(1) Less than completely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.

(2) Human male genitals in a discernible turgid state.

(d) "Fine Art Gallery" means any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.

(e) "Sexually explicit nudity" means the sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses, or depiction in such position or manner which present or expose such nudity to prominent, focal, or obvious viewing attention.

(f) "Sadomasochistic sexual abuse" means actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.

(g) "Visibly displayed" means the material is visible on a billboard, viewing screen, marquee, newsstand, display rack, window, show case, display case, or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted, or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school, or other place to which juveniles, as part of the general public or otherwise, have unrestrained and reasonable anticipated access and presence.

1177.03 EXCEPTIONS.

Nothing in this chapter shall be construed to pertain to:

(a) The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by an accredited museum, library, fine art gallery, school or museum of higher learning.

(b) The exhibition and/or performance of any play, drama tableau, or motion picture by any theater, museum, library, fine art gallery, school, or institution of higher learning either supported by public appropriation or which is an accredited institution supported by private funds.

1177.04 LOCATION.

Adult Entertainment Facilities shall be considered a conditional use in the GB District, and are subject to the following conditions:

(a) No adult entertainment facility shall be established within 1,500 feet of any residence or district where residences are a permitted use.

(b) No adult entertainment facility shall be established within a radius of 1,500 feet of any school, library, or teaching facility, whether public or private, when such school, library, or teaching facility is attended by persons under 18 years of age.

(c) No adult entertainment facility shall be established within a radius of 1,500 feet of any park or recreational facility attended by persons under 18 years of age.

(d) No adult entertainment facility shall be established within a radius of 1,000 feet of any church, synagogue, or permanently established place of religious services attended by persons under 18 years of age.

(e) No adult entertainment facility shall be established within a radius of 1,000 feet of any other adult entertainment facility.

(f) No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.

(g) All building openings, entries, windows, etc. for adult entertainment 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.

(h) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned from public or semi- public area.