Sign regulations, including provisions to control the type, design, size, location, illumination, and maintenance thereof, are hereby established in order to achieve, among others, the following purposes:

(a)

To promote and maintain attractive and high value residential districts;

(b)

To provide for reasonable and appropriate methods and conditions for advertising goods sold or services rendered in business districts;

(c)

To provide for appropriate and harmonious identification of uses and services within office, industrial, and institutional districts;

(d)

To protect property values;

(e)

To promote the public health, safety and welfare by avoiding conflicts between signs and traffic control devices, avoiding traffic hazards, and reducing visual distractions and obstruction; and

(f)

To protect and preserve the aesthetic quality and physical appearance of the City.

(Ord. 2018-94. Passed 10-21-19)

The provisions of this Chapter shall not amend or in any way interfere with other rules or regulations governing traffic or public safety signs. These regulations shall not be applicable to any signs erected by the City for public purposes.

(Ord. 2018-94. Passed 10-21-19)

Sign: "Sign" means a structure or part thereof, or any device attached to land, buildings or any object of any nature, which is displayed for purposes of advertisement, announcement, declaration, demonstration, identification, or expression or to direct attention to a person, institution, organization, activity, place, object, product or business.

Signs are herein classified and defined according to the following:

"Changeable Copy Sign" means a sign designed to display multiple or changing messages whether by manual, mechanical or electronic means. Such signs are characterized by changeable letters, symbols or numerals that are not permanently affixed to the structure, framing, or background allowing the letters, characters, or graphics to be modified from time to time manually or by electronic or mechanical devices. Electronically changed signs may include either electronic message boards or digital displays.

"Directional Sign" means a sign indicating a direction or a location to which traffic, whether pedestrian or vehicular, is requested to move within the parcel for the purpose of traffic control and public safety.

"Marquee Sign" means a sign attached to the underside, topside or face of a marquee roof over a walk or permanent awning.

"Monument Sign" means a sign erected on a free-standing wall or monument not attached to a building with a solid continuous foundation.

"Pole Sign" means a sign with not more than two (2) faces which is supported wholly by a pole or poles and designed so as to permit pedestrian or vehicular traffic thereunder.

"Projecting Sign" means a sign erected on or attached to the outside wall of a building and which projects out at an angle therefrom.

"Temporary Sign" means a sign constructed of cloth, paper, wood, fabric, or other temporary material, with or without a structural frame, and intended or designed for a limited period of display.

"Wall Sign" means a sign erected on, attached to, painted on the surface of, or integral with the wall of any building, located in a plane parallel to the plane of the wall, and supported by the building.

"Wayfinding Sign" means a sign used to direct motorists or pedestrians to a specific location or uses.

"Window Sign" means a sign painted on, attached or affixed to the interior or exterior surface of windows or doors of a building or otherwise intended to be seen through a window or door.

(Ord. 2018-94. Passed 10-21-19)

Signs shall be designed, erected, painted, repainted, posted, reposted, placed, replaced, hung, displayed, altered, reconstructed, moved or maintained, in whole or in part, only in accordance with the provisions set forth in this Chapter. A sign permit issued by the Building Commissioner shall be required prior to the erection, display, relocation, replacement, reinstallation, or alteration of any sign, including temporary signs, except as otherwise specifically exempted in Section 1141.07 hereof.

(Ord. 2018-94. Passed 10-21-19)

All applications for sign permits shall be submitted to the Building Commissioner on forms furnished by the City, shall be signed by the owner or lessee of the property on which the sign is proposed, shall be accompanied by such fee as may be established by Council, and each application shall be accompanied by drawings to scale, showing:

(a)

The design and layout proposed including the total area of the sign, the size, materials, character and color of the letters, lines and surface symbols;

(b)

The method of illumination, if any;

(c)

The exact location of the sign in relation to the building, property lines, and rights-of-way;

(d)

Construction details and specifications as required by the Building Code; and

(e)

And such additional information as the Building Commissioner may require in order to determine compliance with this Chapter.

(Ord. 2018-94. Passed 10-21-19)

Each application for a sign permit shall be referred to the Architectural Board of Review for consideration. No sign permit shall be issued without the approval of the Architectural Board of Review.

(Ord. 2018-94. Passed 10-21-19)

No sign permit shall be required for:

(a)

Periodic repair, repainting, or maintenance which does not alter the sign including, but not limited to, the sign face, design, or structure.

(b)

Changing the lettering, graphic, or information on a sign specifically approved as a changeable copy sign, whether automatic or manual.

(c)

Legal notices, warnings, regulatory, informational, or directional signs erected by any public agency or utility.

(d)

Traffic-control signs not exceeding two (2) square feet in area directing and guiding traffic and parking on private property, such as signs designating handicapped parking, reserved parking, visitor parking, and loading areas.

(e)

Wall signs not exceeding three (3) square feet in area which cannot be seen from a public street or right-of-way or from adjacent properties.

(f)

Temporary signs not exceeding four (4) square feet in area and four feet (4') in height, provided that not more than four (4) such signs shall be located on any lot or parcel, that such signs shall not be displayed for longer than thirty (30) days, and that such signs shall not be located less than ten feet (10') from the right-of-way of any street or any side lot line.

(g)

Automobile agencies with new and used vehicles sales and service may place informational stick-on signs on the windshields of vehicles for sale provided that all such signs displayed are of a consistent design, are placed in the upper right hand corner of the windshield, and do not cover more than one (1) square foot of area of the windshield.

(h)

Two (2) permanent, non-illuminated signs not exceeding one (1) square foot in area shall be permitted for each single-family or two-family dwelling, provided that such signs shall be located not less than ten feet (10') from any side lot line of the premises and not less than two feet (2') from the paved roadway on the tree lawn.

(Ord. 2018-94. Passed 10-21-19)

The following provisions shall apply to all signs:

(a)

The total area of all signs permitted on a lot in accordance with regulations set forth in the following sections shall include the area of all of the sign faces visible from a public right-of-way, including the area of signs placed upon the surface of windows or doors, but shall not include signs which are less than two (2) square feet in area directing and guiding traffic and parking on private property, or any signs which cannot be seen from a public street, right-of-way, or adjacent properties.

(b)

The area of a sign shall be measured within a continuous perimeter enclosing the extreme limits of such sign including all text and graphics and any device used to attract attention provided, however, that structural elements lying outside the limits of such sign and not forming an integral part of the display shall not be included as sign area.

(c)

Monument signs shall be limited to a maximum of two (2) faces. Where the two (2) faces of a monument sign are oriented one hundred eighty (180) degrees, or back to back, to one another the total sign area of such sign shall be measured as if the sign had a single face.

(d)

The height of a monument sign shall be measured from the finished grade at the base of the sign to the highest point or element of the sign.

(e)

For the purposes of calculating permitted sign area, the frontage of a building shall be the number of linear feet of the building wall or facade which faces the principal street or contains the main entrance as determined by the Building Commissioner.

(Ord. 2018-94. Passed 10-21-19)

(a)

Signs in residential districts shall not be illuminated, except as specifically provided herein.

(b)

Signs in business, industrial, office, and institutional districts may be illuminated. Where illuminated signs are permitted, they shall conform to the following requirements:

(1)

All illuminated signs shall comply with the requirements of the National Electric Code.

(2)

Electrical wiring serving any sign shall be installed underground or on or within the structure to which the sign is attached.

(3)

Illumination shall not be of excessive brightness and shall be shielded so as to prevent direct light or glare from being cast into any adjoining residential area or at vehicles traveling on a public right-of-way. Such lighting shall be shielded so as to prevent view of the light source from any adjoining residence or residential district and/or vehicles approaching on a public right-of-way from any direction.

(4)

Flashing, moving or intermittent illumination other than Changeable Copy Signs shall not be permitted.

(5)

The colors red or green, whether in direct illumination or reflection, shall not be used where such use may interfere with the sight lines of a traffic signal.

(c)

Changeable Copy Signs. Multiple message and variable message signs which are changed electronically shall conform to the following standards:

(1)

Each message or copy shall remain fixed for at least thirty (30) seconds. Messages shall not flash, include moving video displays or animation, or emit intermittent light.

(2)

Changes to messages, copy, or images shall be accomplished in not more than three (3) seconds.

(3)

Each such sign must be capable of regulating the digital display intensity and the light intensity level of the display must automatically adjust to natural ambient light conditions.

(4)

No such sign shall be of such intensity as to create a distraction or nuisance for motorists.

(5)

Displays shall not emulate traffic control devices.

(6)

Such signs shall contain a default design that will freeze the sign in one position or cause it to go dark if a malfunction occurs.

(7)

The entire message shall change at once, without scrolling, animation, flashing, blinking or other movement or noise.

(8)

The changeable copy portion of any free-standing monument or pole sign shall not exceed eighty percent (80%) of the total area of the sign.

(9)

Any such sign located within five hundred feet (500') of a residentially zoned district shall be turned off between the hours of 10:00 p.m. and 6:00 a.m.

(Ord. 2018-94. Passed 10-21-19)

All signs shall be located in conformance with the following criteria:

(a)

No signs shall be attached to utility poles, street signs, or traffic control poles, except in accordance with Section 1141.14(f).

(b)

No signs shall be located within or shall obstruct any public right-of-way, traffic control device, or street identification signs at intersections, except in accordance with Section 1141.14(f).

(c)

No sign shall be located so as to obstruct sight distances for vehicles entering or exiting any property or traveling on a public street.

(d)

No sign shall be erected or maintained in such a manner that any portion of its surface or its supports will interfere in any way with the free use of access to any fire lane, exit or standpipe, or so as to obstruct any window so that the light or ventilation is reduced below minimum standards required by any applicable law or building code.

(Ord. 2018-94. Passed 10-21-19)

Signs shall be permitted in each use district and regulated as to type, size and location as provided in this Chapter. Unless otherwise specifically permitted herein, the following signs are prohibited in all districts:

(a)

Pennants, ribbons, streamers, strings of light bulbs, spinners, or other similar devices;

(b)

Mobile, portable, or wheeled signs;

(c)

Signs placed on parked vehicles or trailers for the purpose of advertising a product or business located on the same or adjacent property, excepting an identification sign which is affixed to a vehicle regularly operated in the pursuance of day-to-day business or activity of an enterprise;

(d)

Signs placed, inscribed or supported upon a roof or upon any structure which extends above the roof line of any building;

(e)

Inflatable images;

(f)

Signs containing flashing, moving, intermittent, or running lights or which imitate traffic control devices provided however, that changeable copy signs shall be permitted;

(g)

Signs which employ any part or element which revolves, rotates, whirls, spins, or otherwise makes use of motion to attract attention;

(h)

Beacons or searchlights;

(i)

High intensity strobe lights;

(j)

Signs which hang less than eight and one-half feet (8.5') above a pedestrian walkway or less than fourteen feet (14') above a vehicular path; and

(k)

Window signs except as specifically authorized herein.

(Ord. 2018-94. Passed 10-21-19)

(a)

Any owner, part owner, tenant or lessee who suffers a sign to remain on his property shall be deemed to have knowledge of the erection and nature of the sign. All signs of any nature shall be maintained in a state of good repair. No sign shall be allowed to remain which becomes structurally unsafe, hazardous or endangers the safety of the public or property. Upon determining that a sign is structurally unsafe, hazardous or endangers the safety of the public or property, the Building Commissioner or his designated agent shall order the sign to be made safe or removed. The owner of the sign, the occupant of the premises on which the sign or structure is located, or the persons or firm maintaining the same shall, upon receipt of written notice from the Building Commissioner or his designated agent, forthwith in the case of immediate danger and in any case within forty-eight (48) hours, secure, repair or remove said sign or structure in a manner approved by the Building Commissioner. If said person or firm fails to comply with such order within forty-eight (48) hours, the Building Commissioner may remove the sign at the expense of the owner or lessee.

(b)

The Building Commissioner shall order the removal or modification of any sign erected without a permit or found to be in violation of these regulations. The owner of the sign, the occupant of the premises on which the sign or structure is located, or the person or firm maintaining the same shall, upon written notice of such violation from the Building Commissioner or his designated agent, within five (5) days, remove or modify the sign or structure in a manner approved by the Building Commissioner or his designated agent. If such sign is not removed or brought into compliance as directed in the notice of violation within five (5) days, the Building Commissioner or his designated agent may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such violation.

(Ord. 2018-94. Passed 10-21-19)

(a)

Permanent Signs.

(1)

Each subdivision development, multiple family development, and/or apartment development shall be permitted one (1) monument sign which shall not exceed forty (40) square feet in area nor eight feet (8') in height. Developments which have frontage on two (2) or more streets may be permitted a second monument sign provided that the second monument sign is located on a different street and does not exceed forty (40) square feet in area nor eight feet (8') in height. Monument signs shall be located a minimum of fifteen feet (15') from the right-of-way line of any street and from any property line, and thirty-five feet (35') from any occupied dwelling unit. Each monument sign shall be so designed and constructed of such materials as to be compatible with the character of the residential neighborhood. The base and foundation of each monument sign shall be landscaped with plant material as approved by the Building Commissioner.

(2)

Signs in U-3A Districts. The following signs are permitted only in U-3 and U-3A Districts:

A.

Residential Monument Sign or Wall Sign. Each residential building in a U-3A District shall be permitted one (1) sign, which may be either a Wall or Monument sign. Such sign shall not exceed twenty (20) square feet in area nor five feet (5') in height. Each such sign shall be located within twenty feet (20') of the entrance to the residential building.

B.

Commercial Monument Sign or Wall Sign. One (1) sign, which may be either a wall or monument sign, shall be permitted at the entrance to the central commercial building in a U-3A District. Such sign shall not exceed forty (40) square feet in area nor eight feet (8') in height. Each sign shall be located within twenty feet (20') of the entrance to the central commercial building.

C.

Entrance Monument Sign. Each development in a U-3A District shall be permitted one (1) monument sign at the entrance to the U-3A District in addition to the one permitted in Section 1141.13(a)(2)B. above provided such additional sign shall not exceed twenty-five (25) square feet in area nor five feet (5') in height. Each such sign shall be located a minimum of ten feet (10') from the right-of- way line of any street or any side lot line.

(3)

Signs in U-3C Districts. Signs in the Planned Multi-Family Residential District shall be reviewed and approved by the Commission as part of the final site development plan approval pursuant to Sections 1108.02 and 1108.03.

(b)

Temporary Signs.

(1)

One temporary, free-standing sign may be erected on a site during construction or reconstruction of a building for which a valid building permit has been obtained. Such sign shall not exceed thirty-two (32) square feet in area nor eight feet (8') in height. Each such sign shall be located a minimum of ten feet (10') from the right-of-way line of any street or any side lot line and shall be removed within five (5) days of issuance of an occupancy permit by the Building Commissioner.

(2)

One Temporary free-standing sign not exceeding four (4) square feet in area and four feet (4') in height may be erected on a site indicating the availability of said site for sale or lease. No permit shall be required for such signs.

(Ord. 2018-94. Passed 10-21-19)

(a)

Area of Signs. The total area of all permanent signs for each use, parcel, building or land under common ownership or control shall not exceed one (1) square foot for each lineal foot of the building wall or facade which faces the principal street or contains the main entrance as determined by the Building Commissioner.

(b)

Secondary Entrances. Buildings or parcels having frontage or a facade facing a second street, may increase the permitted total sign area for permanent signs as calculated herein by fifty percent (50%).

(c)

Permanent Signs. Total permanent sign area may be allocated to any or all of the following sign types subject to the restrictions and requirements set forth herein:

(1)

Wall Signs. Wall signs shall not project more than eighteen inches (18") in front of the building wall to which they are attached nor shall more than twenty percent (20%) of the sign's total height be extended above the top of the wall.

(2)

Marquee Signs. Marquee signs may extend above the face or topside, but the vertical dimension of such sign, including the exposed portion of the face, shall not exceed four feet (4').

(3)

Monument Signs. Each use, parcel, building or land under common ownership or control shall be permitted one (1) monument sign which shall not exceed forty (40) square feet in area nor eight feet (8') in height. Parcels which have frontage on two (2') or more streets may have a second monument sign provided that the second monument sign is located on a different street and does not exceed forty (40) square feet in area nor eight feet (8') in height. monument signs shall be located a minimum of ten feet (10') from all property boundary lines and the right-of-way line of any street, and shall be located a minimum of twenty-five feet (25') from any residential zoning district line. Each monument sign shall be so designed and constructed of such materials as to be compatible with the architectural treatment of the principal building. The base and foundation of each monument sign shall be landscaped with plant material as approved by the Building Commissioner.

(d)

Wayfinding Signs. Buildings, lots and parcels with multiple tenants and/or uses may submit a Wayfinding signage plan to the Commission as part of the site development plan review process. The Commission may, at its sole discretion, authorize the installation of wayfinding signs where it deems their use necessary and/or appropriate for guiding traffic flow on the site. Wayfinding signs approved by the Commission shall not be counted as part of the total permitted sign area as set forth in subsections (a) and (b) hereof. The number, size, height and location of wayfinding signs shall be as authorized by the Commission, provided, however, that no such signs shall exceed a maximum of thirty (30) square feet in area or eight feet (8') in height.

(e)

Temporary Signs.

(1)

One (1) sign, which may be either a wall or free-standing sign, not exceeding twenty (20) square feet in area shall be permitted for each lot for not more than two (2) thirty (30) day periods per year. Free- standing signs shall not exceed six feet (6') in height nor shall such signs be located less than ten feet (10') from the public right-of-way line of any street or any side lot line.

(2)

One (1) temporary, free-standing sign may be erected on a site during construction or reconstruction of a building for which a valid building permit has been obtained. Such sign shall not exceed forty (40) square feet in area nor eight feet (8') in height. Each such sign shall be located a minimum of ten feet (10') from the right-of-way line of any street or any side lot line and shall be removed within five (5) days of issuance of an occupancy permit by the Building Commissioner.

(3)

One (1) Temporary free-standing sign not exceeding six (6) square feet in area and six feet (6') in height may be erected on a site indicating the availability of said site for sale or lease. A permit shall be obtained from the Building Commissioner for each such sign; however, said signs shall not require the approval of the Architectural Review Board.

(f)

Temporary, Vertical Banners. Temporary, vertical banners on street poles within the City's right-of-way shall be permitted only in accordance with the following standards:

(1)

A permit issued by the Building Department shall be required prior to the installation of any street pole banner. Applications for street pole banner permits shall be submitted to the Building Department on forms provided by the Building Department. The application for a permit must include the written consent of the property owner and pole owner.

(2)

Only vertical banners mounted to a single (1) street pole shall be permitted. Horizontal banners extending between two (2) poles shall not be permitted.

(3)

Banners are temporary signs and shall be permitted for a maximum total period of six (6) months during any calendar year. Applicants must re-apply for a new permit for each calendar year, which will require a new permit to be issued by the Building Department.

(4)

Applicants must have a facility, operation or function located on the site for which a banner is requested. Banners shall be permitted only along the street frontage of the applicant.

(5)

Banners shall be canvas or vinyl and shall not exceed thirty inches (30") in width nor eighty-four inches (84") in height. Temporary, vertical banners shall be placed at a minimum height of fifteen feet six inches (15'6") above grade.

(6)

Banners shall be attached to poles using a flexible support system that provides wind-load relief. The support system must be of a type approved by the owner of the street pole. If banners are removed for a period of more than six (6) months, the mounting system must be removed.

(7)

Installation of banners shall be performed by a qualified contractor authorized by both the City and the pole sign owner to perform such work. Installations shall be performed during non-peak traffic times as authorized by the City.

(8)

The Architectural Board of Review reserves the right to approve the message and image content of all banners proposed to be placed within the public right-of-way. Banners may provide information and identification regarding the approved institutional use and community and/or civic events. No commercial advertising shall be permitted on any street pole banner. Identification of sponsors may be permitted, but such identification shall not exceed a maximum of twenty percent (20%) of the total area of the banner.

(9)

Applicants shall be responsible for the continued maintenance of banners. The City may, at any time, order banners that are damaged or is disrepair to be replaced or removed. The City may remove banners that are unsightly or are determined to be hazardous.

(10)

A maximum of one (1) banner shall be permitted on any street pole.

(11)

City approval of banners is separate from approval by the pole sign owner.

(Ord. 2018-94. Passed 10-21-19)

(a)

Area of Signs. The total area of all permanent signs for each use, parcel, building, or land under common ownership or control shall not exceed three (3) square feet for each lineal foot of the building wall or facade which faces the principal street or contains the main entrance as determined by the Building Commissioner up to eighty lineal feet (80') and one (1) square foot of each additional lineal foot of building wall or facade in excess of eighty feet (80').

(b)

Secondary Entrances. Buildings or parcels having frontage or a facade facing a second street, may increase the permitted total sign area for permanent signs as calculated herein by fifty percent (50%).

(c)

Permanent Signs. Total permanent sign area may be allocated to any or all of the following sign types subject to the restrictions and requirements set forth herein:

(1)

Wall Signs. Wall signs shall not project more than eighteen inches (18") in front of the building wall to which they are attached nor shall more than twenty percent (20%) of the sign's total height be extended above the top of the wall.

(2)

Marquee Signs. Marquee signs may extend above the face or topside, but the vertical dimension of such sign, including the exposed portion of the face, shall not exceed four feet (4').

(3)

Monument Signs. Each use, parcel, building, or land under common ownership or control shall be permitted one (1) monument sign which shall not exceed forty (40) square feet in area nor eight feet (8') in height. Parcels which have frontage on two or more streets may have a second monument sign provided that the second monument sign is located on a different street and does not exceed forty (40) square feet in area nor eight feet in height (8').

Monument signs shall be located a minimum of ten feet (10') from all property boundary lines and the public right-of-way, and shall be located a minimum of twenty-five feet (25') from any residential zoning district line. Each monument sign shall be so designed and constructed of such materials as to be compatible with the architectural treatment of the principal building. The base and foundation of each monument sign shall be landscaped with plant material as approved by the Building Commissioner.

(4)

Window Signs. Window signs shall be limited to one (1) such sign per use or tenant which sign shall not exceed a maximum of four (4) square feet in area.

(d)

Wayfinding Signs. Buildings, lots, and parcels with multiple tenants and/or uses may submit a wayfinding signage plan to the Commission as part of the site development plan review process. The Commission may, at its sole discretion, authorize the installation of wayfinding signs where it deems their use necessary and/or appropriate for guiding traffic flow on the site. Wayfinding signs approved by the Commission shall not be counted as part of the total permitted sign area as set forth in Subsections (a) and (b) hereof. The number, size, height, and location of wayfinding signs shall be as authorized by the Commission, provided however, that no such signs shall exceed a maximum of thirty (30) square feet in area or eight feet (8') in height.

(e)

Temporary Signs.

(1)

One (1) sign, which may be either a Wall or free-standing sign, not exceeding twenty (20) square feet in area shall be permitted for each lot for not more than two (2) thirty (30) day periods per year. Free- standing signs shall not exceed six feet (6') in height nor shall such signs be located less than ten feet (10') from the public right-of-way line of any street or any side lot line.

(2)

One (1) temporary free-standing sign may be erected on a site during construction or reconstruction of a building for which a valid building permit has been obtained. Such sign shall not exceed forty (40) square feet in area nor eight feet (8') in height. Each such sign shall be located a minimum of ten feet (10') from the right-of-way line of any street or any side lot line and shall be removed within five (5) days of completion of construction or issuance of an occupancy permit by the Building Commissioner.

(3)

One (1) temporary free-standing sign not exceeding six (6) square feet in area and six feet (6') in height may be erected on a site indicating the availability of said site for sale or lease. A permit shall be obtained from the Building Commissioner for each such sign, however, said signs shall not require the approval of the Architectural Review Board

(Ord. 2018-94. Passed 10-21-19)

(a)

Area of Signs. The total area of all permanent signs shall not exceed one (1) square foot for each lineal foot of exterior perimeter wall of the main mall building as determined by the Building Commissioner. Total permanent sign area may be allocated to any or all of the sign types in subsections (b) through (e) subject to the restrictions and requirements set forth herein.

(b)

Wall Signs. Wall signs shall not project more than eighteen inches (18") in front of the building wall to which they are attached. Wall signs may be backlit or externally illuminated. If internally illuminated, only letters and logos shall transmit light, backgrounds shall remain solid opaque. Wall signs may include any or all of the following:

(1)

Mall Signs. Wall signs may be permitted on the main mall building only to identify mall entrances and for anchor tenants with exterior entrances.

(2)

Streetscape Tenant Signs. Wall signs for streetscape tenants with exterior entrances shall not exceed one (1) square foot per lineal foot of store frontage nor shall the length of such signs be more than seventy percent (70%) of the store frontage. Lighting of streetscape tenant signage shall be turned off during nonbusiness hours.

(3)

Restaurant Signs. Wall signs for free-standing restaurants shall not exceed one (1) square foot per lineal foot of wall frontage nor shall the length of any such signs be more than seventy percent (70%) of the length of the wall to which it is attached. Illuminated restaurant signs shall be turned off during nonbusiness hours.

(c)

Monument Signs. The mall development shall be permitted a total of two (2) monument signs, which shall not exceed forty-eight (48) square feet in area nor ten feet (10') in height. One such monument sign may be located at the intersection of Cedar Road and George Zeiger Drive and the other at the intersection of Richmond Road and George Zeiger Drive. Monument signs shall be located a minimum of ten feet (10') from all property boundary lines and the public right-of-way. Each monument sign shall be so designed and constructed of such materials as to be compatible with the architectural treatment of the principal mall building. The base and foundation of each monument sign shall be landscaped with plant material as approved by the Commission.

(d)

Entrance Identification Signs. The mall development shall be permitted two (2) entrance identification signs at each driveway entrance to the site. Entrance identifications signs shall not exceed forty-eight (48) square feet in area nor eight feet (8') in height and shall be located a minimum of ten feet (10') from all property boundary lines and the public right-of-way. Each entrance identification sign shall be so designed and constructed of such materials as to be compatible with the architectural treatment of the principal mall building. The base and foundation of each entrance identification sign shall be landscaped with plant material as approved by the Commission.

(e)

Window Signs. Window signs shall be limited to one (1) such sign per use or tenant which sign shall not exceed a maximum of four (4) square feet in area.

(f)

Wayfinding Signs. The mall development shall submit a wayfinding signage plan to the Commission as part of the site development plan review process. The Commission may, at its sole discretion, authorize the installation of wayfinding signs where it deems their use necessary and/or appropriate for guiding traffic flow on the site. The wayfinding sign plan may include Monument identification signs for freestanding tenants, provided that such signs are located adjacent to the use and do not exceed twenty-four (24) square feet in area nor eight feet (8') in height. Wayfinding signs approved by the Commission shall not be counted as part of the total permitted sign area as set forth in subsection (a) hereof. The number, size, height, and location of wayfinding signs shall be as authorized by the Commission, provided however, that no such signs shall exceed a maximum of forty-eight (48) square feet in area or twelve feet (12') in height.

(g)

Temporary Signs. Temporary signs may be approved from time to time for such duration and in such manner as specifically authorized by the Safety Director and Building Commissioner. Temporary signs shall require the approval of the Architectural Review Board.

(Ord. 2018-94. Passed 10-21-19)

(a)

Area of Signs. The total area of all permanent signs for each use, parcel, building, or land under common ownership or control shall not exceed one (1) square foot for each lineal foot of the building wall or facade which faces the principal street or contains the main entrance as determined by the Building Commissioner.

(b)

Secondary Entrances. Buildings or parcels having frontage or a facade facing a second street, may increase the permitted total sign area for permanent signs as calculated herein by fifty percent (50%).

(c)

Permanent Signs. Total permanent sign area may be allocated to any or all of the following sign types subject to the restrictions and requirements set forth herein:

(1)

Wall Signs. Wall signs shall not project more than eighteen inches (18") in front of the building wall to which they are attached nor shall more than twenty percent (20%) of the sign's total height be extended above the top of the wall.

(2)

Projecting Signs. Projecting signs shall be limited to one (1) sign for each establishment or store front and shall not exceed a maximum of eight (8) square feet in area. Any face of a projecting sign shall be not less than five feet (5') from a side lot line or party wall of another store unit. The amount of projection from the wall surface shall be as determined by the Building Commissioner. Projecting signs shall not extend above the roof line of the building to which they are affixed.

(3)

Marquee Signs. Marquee signs may extend above the face or topside, but the vertical dimension of such sign, including the exposed portion of the face, shall not exceed four feet (4').

(4)

Monument Signs. Each use, parcel, building, or land under common ownership or control shall be permitted one (1) monument sign which shall not exceed forty (40) square feet in area nor eight feet (8') in height. Parcels which have frontage on two or more streets may have a second monument sign provided that the second monument sign is located on a different street and does not exceed forty (40) square feet in area nor eight feet (8') in height. Monument signs shall be located a minimum of ten feet (10') from the right-of-way line of any street and all property boundary lines, and shall be located a minimum of twenty-five feet (25') from any residential zoning district line. Each monument sign shall be so designed and constructed of such materials as to be compatible with the architectural treatment of the principal building. The base and foundation of each monument sign shall be landscaped with plant material as approved by the Building Commissioner.

(5)

Window Signs. Window signs shall be limited to one (1) such sign per use or tenant which sign shall not exceed a maximum of four (4) square feet in area.

(d)

Wayfinding Signs. Buildings, lots, and parcels with multiple tenants and/or uses may submit a wayfinding signage plan to the Commission as part of the site development plan review process. The Commission may, at its sole discretion, authorize the installation of wayfinding signs where it deems their use necessary and/or appropriate for guiding traffic flow on the site. Wayfinding signs approved by the Commission shall not be counted as part of the total permitted sign area as set forth in subsections (a) and (b) hereof. The number, size, height, and location of Wayfinding signs shall be as authorized by the Commission, provided however, that no such signs shall exceed a maximum of thirty (30) square feet in area or eight feet (8') in height.

(e)

Temporary Signs.

(1)

One sign, which may be either a wall or free-standing sign, not exceeding twenty (20) square feet in area shall be permitted for each lot for not more than two (2) thirty (30) day periods per year. Free-standing signs shall not exceed six feet (6') in height nor shall such signs be located less than ten feet (10') from the right-of-way line of any street or any side lot line.

(2)

One temporary free-standing sign may be erected on a site during construction or reconstruction of a building for which a valid building permit has been obtained. Such sign shall not exceed forty (40) square feet in area nor eight feet (8') in height. Each such sign shall be located a minimum of ten feet (10') from the right-of-way line of any street or any property line and shall be removed within five (5) days of issuance of an occupancy permit by the Building Commissioner.

(3)

One temporary free-standing sign not exceeding six (6) square feet in area and six feet (6') in height may be erected on a site indicating the availability of said site for sale or lease. A permit shall be obtained from the Building Commissioner for each such sign, however, said signs shall not require the approval of the Architectural Review Board.

(Ord. 2018-94. Passed 10-21-19)

(a)

Area of Signs. The total area of all permanent signs for each use, parcel, building, or land under common ownership or control shall not exceed three (3) square feet for each lineal foot of the building wall or facade which faces the principal street or contains the main entrance as determined by the Building Commissioner up to eighty lineal feet (80') and one (1) square foot of each additional lineal foot of building wall or facade in excess of eighty feet (80').

(b)

Secondary Entrances. Buildings or parcels having frontage or a facade facing a second street, may increase the permitted total sign area for permanent signs as calculated herein by twenty-five percent (25%).

(c)

Permanent Signs. Total permanent sign area may be allocated to any or all of the following sign types subject to the restrictions and requirements set forth herein:

(1)

Wall Signs. Wall signs shall not project more than eighteen inches (18") in front of the building wall to which they are attached nor shall more than twenty percent (20%) of the sign's total height be extended above the top of the wall.

(2)

Marquee Signs. Marquee signs may extend above the face or topside, but the vertical dimension of such sign, including the exposed portion of the face, shall not exceed four feet (4').

(3)

Monument Signs. Each use, parcel, building, or land under common ownership or control shall be permitted one (1) monument sign which shall not exceed forty (40) square feet in area nor eight feet (8') in height. Parcels which have frontage on two (2) or more streets may have a second monument sign provided that the second monument sign is located on a different street and does not exceed forty (40) square feet in area nor eight feet (8') in height. Monument signs shall be located a minimum of ten feet (10') from all property boundary lines and the public right-of-way, and shall be located a minimum of twenty-five feet (25') from any residential zoning district line. Each monument sign shall be so designed and constructed of such materials as to be compatible with the architectural treatment of the principal building. The base and foundation of each monument sign shall be landscaped with plant material as approved by the Building Commissioner.

(4)

Window Signs. Window signs shall be limited to one (1) such sign per use or tenant which sign shall not exceed a maximum of four (4) square feet in area.

(5)

Pole Signs. One (1) pole sign shall be permitted on a parcel which contains a permitted U-9 use and which directly abuts the freeway right-of-way. Pole signs shall not exceed fifty feet (50') in height or three hundred (300) square feet in area per sign face. The maximum number of faces on any pole sign shall be two (2). Pole signs shall be setback a minimum of twenty feet (20') from any property line and must be located a minimum of two hundred feet (200') from any other pole sign. Such pole signs shall only be used to identify or advertise U-9 uses. Pole signs shall not be calculated as part of the maximum area of permitted signage under Section 1141.16(a).

(6)

Changeable Copy Signs. Automobile agencies with new and used vehicle sales and service shall be permitted one (1) permanent monument changeable copy sign with a maximum of two (2) faces which shall not exceed forty (40) square feet in area per face and which shall not exceed a maximum of eight feet (8') in total height. Said sign shall be in addition to such other signage as may be authorized herein, and shall not be included in the calculation of maximum sign area. Such sign shall be placed on a permanent foundation and may be illuminated.

(d)

Temporary Signs.

(1)

One (1) Temporary sign, which may be either a wall or free-standing sign, not exceeding twenty (20) square feet in area shall be permitted for each lot for not more than two (2) thirty (30) day periods per year. Free-standing signs shall not exceed six feet (6') in height nor shall such signs be located less than ten feet (10') from the public right-of-way line of any street or any side lot line.

(2)

One (1) temporary, free-standing sign may be erected on a site during construction or reconstruction of a building for which a valid building permit has been obtained. Such sign shall not exceed forty (40) square feet in area nor eight feet (8') in height. Each such sign shall be located a minimum of ten feet (10') from the right-of-way line of any street or any side lot line and shall be removed within five (5) days of issuance of an Occupancy Permit by the Building Commissioner.

(3)

One (1) temporary, free-standing sign not exceeding six (6) square feet in area and six feet (6') in height may be erected on a site indicating the availability of said site for sale or lease. A permit shall be obtained from the Building Commissioner for each such sign, however, said signs shall not require the approval of the Architectural Review Board.

(e)

Wayfinding Signs. Buildings, lots, and parcels with multiple tenants and/or uses may submit a Wayfinding signage plan to the Commission as part of the site development plan review process. The may, at its sole discretion, authorize the installation of wayfinding signs where it deems their use necessary and/or appropriate for guiding traffic flow on the site. Wayfinding signs approved by the Commission shall not be counted as part of the total permitted sign area as set forth in subsections (a) and (b) hereof. The number, size, height, and location of wayfinding signs shall be as authorized by the Commission, provided however, that no such signs shall exceed a maximum of thirty (30) square feet in area or eight feet (8') in height.

(Ord. 2018-94. Passed 10-21-19)

Signs in the Planned Mixed Use Development District shall be reviewed and approved by the Commission as part of site development plan approval pursuant to Section 1108.03.

(Ord. 2018-94. Passed 10-21-19)

Signs which were legally in existence prior to the effective date of this Chapter, but which do not conform with the provisions hereof, may be maintained as a matter of right provided that such signs comply with the provisions of Part Thirteen of the Building Code regarding safety, maintenance, and repair. Normal maintenance such as painting, cleaning, or minor repairs shall be permitted on all such nonconforming signs. Relocation or replacement of a nonconforming sign or any alteration in the size or structure of such sign, shall cause the sign to lose its status as legally nonconforming and said sign shall be immediately brought into compliance with this Chapter.

(Ord. 2018-94. Passed 10-21-19)

(a)

In a Class A-1 Area District, no dwelling unit shall be erected or altered to accommodate or make provision for more than one (1) dwelling unit for each one (1) acre of area of lot, except that one (1) single dwelling unit may be erected on any lot containing eighteen thousand (18,000) square feet of area or more except further that one (1) dwelling unit may be erected on any lot separately owned at the time of the passage of this section (originally enacted by Ordinance 1953-27, passed May 18, 1953), or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of the passage of this section, a dedication of the streets of which subdivision was accepted for public use by Council.

(b)

In a Class A-2 Area District, no dwelling unit shall be erected or altered to accommodate or make provision for more than one (1) family for each nine thousand (9,000) square feet of area of the lot, provided that one single-family dwelling may be erected on any lot separately owned at the time of the passage of this section, or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of the passage of this section, a dedication of the streets of which subdivision was accepted for public use by Council.

(Ord. 2018-94. Passed 10-21-19)

In a Class A-1 Area District, no dwelling unit shall be erected on a lot having an average width of less than one hundred twenty-five feet (125'), except that when such lot is serviced by a sanitary sewer, no dwelling shall be erected on a lot having an average width of less than one hundred feet (100'). In a Class A-2 Area District, no dwelling unit shall be erected on a lot having an average width of less than sixty feet (60'), unless such lot was separately owned at the time of the passage of this section (originally enacted by Ordinance 1953-27, passed May 18, 1953), or unless such lot is a numbered lot in a subdivision that was on record in the office of the County Recorder at the time of the passage of this section and for which a dedication of the streets in such allotment was made for public use and accepted by Council.

(Ord. 2018-94. Passed 10-21-19)

In a Class A-1 Area District, no dwelling unit shall be erected on a lot having an average depth of less than three hundred feet (300'), accept that when such lot is serviced by a sanitary sewer, no dwelling unit shall be erected unless the average depth of such lot is not less than one hundred eighty feet (180'), and, when the lot is serviced by a septic tank, the area of such lot shall be not less than one hundred twenty five feet (125') by three hundred feet (300') (37,500 square feet or 0.860 acre). In Class A-1 and in Class A-2 Area Districts, no dwelling unit shall be erected on a lot having an average depth of more than three and one-half times (3 ½) the average width. These provisions shall not apply if such lot was separately owned at the time of the passage of this section (originally enacted by Ordinance 1953-27, passed May 18, 1953), or if such lot is a numbered lot in a subdivision that was on record in the office of the County Recorder at the time of the passage of this section and for which a dedication of the streets in such allotment was made for public use and accepted by Council.

(Ord. 2018-94. Passed 10-21-19)

No permit shall be issued for a building or a use on a lot unless such lot has a frontage upon a public highway or upon a public street which has been duly dedicated and accepted for public use and which meets minimum City standards of improvement so as to ensure adequate and satisfactory access to such lots, according to specifications approved by Council.

(Ord. 2018-94. Passed 10-21-19)

The following requirements are provided so that required off-street parking and loading facilities shall be developed in such manner as to interfere as little as possible with the use and enjoyment of neighboring properties and with pedestrian and vehicular traffic within public rights-of-way.

(Ord. 2018-94. Passed 10-21-19)

Parking facilities shall be located on the same lot as the main building or use served, provided however, that the Commission may authorize joint or shared use of parking facilities by two (2) or more uses provided there are legal agreements approved by the Law Director setting forth access, use and maintenance provisions for such facilities. The Commission may also authorize the special redevelopment overlay use provisions in U-8 Districts.

(Ord. 2018-94. Passed 10-21-19)

(a)

The location, number and width of entrance and exit driveways to parking facilities shall be planned to minimize interference with the use of adjacent properties and with the public rights-of-way. All curb cuts or access locations shall be subject to the review and approval of the Commission which may require recommendations from the Engineer and/or the Police Department. To minimize impacts on public rights-of-way, the centerline of access driveways shall be located as far as practical from street intersections. Exit driveways shall be located so as to have adequate clear sight distance on the public street.

(b)

Entrances and exits shall be limited to a maximum of three (3) lanes. The width of such entrances and exits shall conform to the following schedule:

(c)

The location and width of entrance and exit driveways to parking facilities shall be planned, whenever possible, so that the centerline of the access driveways on the frontage street of a corner lot shall be at least forty feet (40') from the right-of-way line of the nearest intersecting street.

(d)

All access drives and parking areas shall be designed to provide appropriate accessibility for emergency vehicles as determined by the Fire and Rescue Chief.

(e)

All parking lots shall be screened from adjacent residentially zoned properties in a manner approved by the Commission.

(Ord. 2018-94. Passed 10-21-19)

Handicapped parking spaces and access shall be provided, designed, located, and identified in accordance with the requirements of the Americans with Disabilities Act.

(Ord. 2018-94. Passed 10-21-19)

(a)

A parking space shall be not less than one hundred and eighty (180) square feet (minimum of nine feet (9') by twenty feet (20')) exclusive of drives and turning spaces.

(b)

All parking areas and driveways shall be provided with an asphalt, concrete or other similar hard surface designed in accordance with criteria established by the Engineer. All drive aprons shall be concrete. All parking areas and driveways shall be graded and drained to provide positive drainage away from buildings, to prevent runoff onto adjacent properties, and to direct storm water to an approved inlet.

(c)

Concrete or stone curbs at least six inches (6") above the level of the surface of the parking area and at least twelve inches (12") below the surface shall be provided to define the limits of the parking area except at exits and entrances. Such curbs shall be at least six inches (6") thick.

(d)

Drive aisles providing direct access to parking spaces shall be a minimum of twenty-four feet (24') in width. On-site drive aisles that do not provide access to individual parking spaces shall be a minimum of twenty feet (20') in width.

(e)

All parking facilities with a capacity of over ten (10) vehicles shall have permanent pavement markings to delineate the spaces. All parking areas containing more than forty (40) spaces shall contain planting strips or islands to interrupt the mass of paved area, aid in controlling the flow of traffic, and provide visual quality. A minimum of five (5) square feet of landscaped area shall be provided within the parking area for each one hundred (100) square feet of vehicle use area.

(f)

Sources of light for illumination of buildings or grounds shall be shielded so that the light source is not directly visible from residential property and light spillage at the property line shall not be greater than 0.1 foot candles and shall be installed in conformance with a lighting plan approved by the Commission.

(Ord. 2018-94. Passed 10-21-19)

(a)

Loading facilities shall be located on the same lot as the main building or use served and shall be located so that no public street or sidewalk will be occupied during the loading or unloading process.

(b)

Off-street loading spaces shall be provided with surface improvements as required for parking areas in Section 1144.05.

(c)

Off-street loading facilities shall not be located in the required front, side and rear yards, and the loading space shall not be used for repairing or servicing of motor vehicles. Space required and allocated for off- street loading shall not be allocated or used to satisfy the space requirements for off-street parking.

(d)

A space or spaces shall be provided within the structure of such dimensions as to accommodate the trucks employed for loading or unloading goods for the particular use. Each space shall have a vertical clearance of at least fourteen feet (14').

(e)

Loading spaces and service areas shall be screened from view from public rights-of-way to the greatest extent possible with screen walls, landscaping, or other approved methods.

(f)

Loading areas shall be designed to provide adequate maneuvering area for service vehicles.

(Ord. 2018-94. Passed 10-21-19)

(a)

Off-street parking spaces shall be provided in accordance with the following schedule:

(b)

The gross floor area of a building shall be the total area of all floors, including the basement, measured from the exterior faces of the building. For the purpose of computing required off-street parking, gross floor area shall not include atriums not used for retail or office space, and ten percent (10%) of the gross floor area shall be deducted as an allowance for stairwells, elevators, restrooms, janitorial storage space, mechanical rooms and other similar spaces. Where the computation of required parking spaces results in a fractional unit, one (1) additional parking space shall be provided.

(c)

An applicant for a site development plan approval may submit information which projects the parking demand for a proposed use and may request approval for construction of parking which is less than required herein. The request shall include a detailed drawing of a complete parking layout and identifying those areas proposed for immediate construction and those to be temporarily retained in landscaped open space. The Commission may approve a total parking layout, which permits a portion of the required parking spaces to be land banked and temporarily retained in landscaped open space. Prior to approval of the plan, the applicant shall make a written commitment to construct the additional parking at such time as the Building Commissioner determines that the parking is necessary for the operation of the use.

(d)

Where a specific use is not identified in the table in subsection 1144.07(a), the required number of parking spaces shall be determined by the Commission and such determination shall be based upon the nature and capacity of the proposed use or development and the anticipated number of employees, customers, and/or users.

(e)

Gross leasable area of a regional fashion shopping center shall be the total area of all floors designed for tenant occupancy and exclusive use but does not include common areas such as arcades, stairwells, elevators, and mechanical equipment rooms, nor does it include hotel rooms or residential dwelling units. Parking for hotel rooms and residential dwellings shall be provided at the rates shown in Section 1144.07(a) for such uses.

(f)

Single family dwellings designed and constructed as part of a cluster development alternative shall provide a minimum of two (2) enclosed garage parking spaces and one (1) driveway parking space per dwelling unit.

(Ord. 2018-94. Passed 10-21-19; Ord. No. 2023-11. Passed 9-5-23)

For each building erected, there shall be a side yard along each lot line other than a front or rear line. The least dimension of the side yard provided for herein shall not be less than three feet (3') on one (1) side and not less than eight feet (8') on the remaining side, and at least twenty-five percent (25%) of the lot width at the setback line shall be devoted to the side yard, but not more than twenty-five feet (25') of such width need be so devoted.

(Ord. 2018-94. Passed 10-21-19)

Between the building line and the street line no building or portion of a building extending above the established grade may be erected. On a corner lot between the building line and the street line, and within the triangular space included between the street line, for a distance of twenty-five feet (25') from their point of intersection, no fence or other structure more than three feet (3') in height above the plane of the established grade shall hereafter be erected, and no shrubs or foliage shall be maintained that, in the judgment of the Building Commissioner, will materially obstruct the view of a driver of a vehicle approaching the intersection and within seventy-five feet (75') of the center of such intersection, of approaching cross traffic which is within seventy-five feet (75') of the center of such intersection. Amend the City Zoning Map by eliminating all front setback lines shown and amending the legend box by eliminating the front setback designations for U-1, A-1 and U-1, A-2 Districts.

(Ord. 2018-94. Passed 10-21-19)

Terms as used in this chapter shall have the following meanings:

"Decorative or Ornamental Fence" means any type of free-standing open fence, except chain-link and wire fences.

"Fence" means an elevated partition or barrier separating one lot from another lot or parts of the same lot and includes the material used for the fence, its support members and all related parts.

"Fence Height" shall be measured from the existing predominant and prevailing ground grade level to the top of the fence. No berm, mound or base shall be created or constructed for the purpose of erecting a fence thereon so as to increase the permitted height of the fence from the level of the then existing natural grade.

"Free-standing Fence" means a fence which is not connected at any point to the main building on the property.

"Growing Landscaping" means grass, trees, bushes and other living plants.

"Hardscape" means patios, walkways, fountains, decks, and other improved surfaces.

"Open Fence" means a fence with at least twenty-five percent (25%) aggregate opening over the surface area of the fence with all openings equally distributed.

"Snow Fence" means a flexible temporary wood and wire barrier which has an aggregate opening of fifty percent (50%) over the surface area of the fence and is designed and used for the sole purpose of limiting snow from drifting.

(Ord. 2018-94. Passed 10-21-19)

(a)

Permitted Materials: Fences shall be constructed of wood, steel, aluminum, or PVC (polyvinyl chloride), formulated to resist impact and approved for ultraviolet stabilization, meeting requirements of ASTM D638. All fencing shall be structurally able to withstand weather conditions.

(b)

Fences Permitted In U-1, U-2A, U-3, and U-3A Use Districts: Fences are permitted on property zoned Class U-1, U-2A, U-3, and U-3A according to the following regulations:

(1)

Along side and rear lot lines, but not greater than six feet (6') in height where abutting land is zoned Class U-1, U-2A, U-3, or U-3A.

(2)

Along side and rear lot lines, but not greater than eight feet (8') in height where the abutting land is zoned in any non-residential use district.

(3)

Within the rear yard, but not greater than six feet (6') in height.

(4)

Ornamental fences within front yards provided that:

A.

An ornamental fence by itself, or with other structures, shall not completely enclose any area of a required front yard.

B.

An ornamental fence shall not be located closer to any side lot line than the foundation wall on that side of the house.

C.

No ornamental fence shall be erected closer than twenty feet (20') from the front property line.

D.

The total of all ornamental fencing within the required front yard setback shall be less than fifty percent (50%) of the width of the lot.

(5)

Ornamental fences in the street side yard of corner lots, but not greater than six (6) feet in height or closer than twenty (20) feet from the right-of-way line.

(c)

Fences Permitted in Non-Residential Use Districts:

(1)

Along side and rear lot lines, but not greater than eight feet (8') in height.

(2)

Within the rear yard, but not greater than eight feet (8') in height.

(3)

Within front yard setbacks only as specifically authorized by the Commission.

(d)

Prohibited Fences: The following fences are prohibited in the City:

(1)

Wire fences constructed of material less than #11 AWG.

(2)

Barbed wire fences.

(3)

Fences charged with electricity.

(4)

Fences forward of the required front yard setback, except for ornamental fences as regulated in subsection (b)(4) hereof or within non-residential districts as provided in subsection (c)(3) hereof.

(5)

Snow fences greater than four feet (4') in height or used during the months of April through and including October.

(6)

Fences located less than fifteen feet (15') from any driveway where the driveway is closer than fifteen feet (15') from a side lot line.

(7)

Fences not specifically permitted by this Chapter.

(8)

Fences not having a uniform color, material and design except as authorized by the Commission.

(9)

Any solid fence or any fence that does not comply with the definition of an open fence as set forth in Section 1146.01(g), provided however, that solid fences may be permitted in non-residential districts for screening and buffering as approved by the Commission.

(e)

Construction or Replacement: Permit Required: Before constructing or replacing any fence, except snow fences, the owner shall apply for and be issued a permit by the Building Commissioner. Fences for land zoned other than Class U-1 Single-Family District shall also require the approval of the Commission.

(f)

Maintenance of Fences: Fences shall be maintained with the same standards required of new fences, and the owner shall:

(1)

Replace or repair any part that is rusted or rotted.

(2)

Re-paint or re-stain any part where the paint or stain is faded, cracked or peeling.

(3)

Repair or replace any part that is loose, bent, bowed or leaning.

(g)

Nonconforming Fences: A nonconforming fence is defined as a fence which was constructed prior to the enactment of legislation regulating fences. Nonconforming fences shall be repaired and maintained, and shall be replaced with conforming fences if more than fifty percent (50%) of any such fence requires replacement, is destroyed or removed.

(Ord. 2018-94. Passed 10-21-19)

(a)

Height of Hedges And Shrubbery: Shrubs, hedges or bushes adjacent to side yard lines in front of the building line and shrubs, hedges or bushes adjacent to and parallel with the public sidewalk for a distance of fifteen feet (15') from any driveway shall be planted and maintained so as not to exceed a height of two feet (2'). Prior to any prosecution for the violation of this section, the property owner shall be given ten (10) days written notice by the Chief of Police or his duly authorized representative.

(b)

Shade Tree Planting: Any owner or builder of a house or other building which is constructed and erected within the City shall deposit seventy-five dollars ($75.00) with the Public Works Department to cover all expenses for the planting of shade trees on the tree lawn abutting such house or other building. One (1) shade tree shall be planted for each multiple of thirty feet (30') to fifty feet (50') of frontage, depending on the tree lawn and type of tree to be planted, as determined by the Public Works Director. Comer lots require trees on both streets. A minimum of one (1) shade tree shall be planted for each house or other building, regardless of the frontage of the lot. The Building Commissioner shall not issue a building permit to any person engaged in the construction of houses or buildings for resale until such person has complied with this section.

(c)

Landscaping of Residential Lots Required: Growing and/or non-growing landscaping is required on the entire lot, except for such portions as are occupied by the house, garage, driveway or other permitted improvements. Council hereby finds and determines that the required landscaping is necessary for the public peace, health, safety and welfare, to protect pedestrians, to prevent deterioration of property values and to prevent the wash-down of mud and other debris across sidewalks and into catch basins. Not more than fifteen percent (15%) of the total lot area shall consist of hardscape, parking areas, and driveways.

(d)

Tree Lawns: Tree lawn areas shall only be planted with grass and/or City authorized street trees. No other improvements or landscaping shall be permitted within the tree lawn. No retaining walls, landscape timbers, or other landscape features shall be placed within twelve inches (12") of a public sidewalk. Damage to landscape features located within twelve inches (12") of a public sidewalk from snow plowing or sidewalk maintenance shall be the responsibility of the homeowner.

(e)

Completion of Landscaping: Landscaping shall be completed within one hundred twenty (120) days following issuance of a certificate of occupancy unless such date occurs after October 1 of a year. In that event, the time for completion shall be extended to June 1 of the following year. However, should a certificate of occupancy not be issued within two hundred forty (240) days of the issuance of a building permit, then the builder or owner shall install the front yard landscaping within ninety (90) additional days unless such date occurs after October 1 of a year. In that event, the time for completion shall be extended to June 1 of the following year.

(f)

Emergency Improvements: The City may, as a condition of any building permit, enter upon single-family lots and make temporary emergency improvements required for the protection of the building, land or neighboring property. The City shall give reasonable notice to the person issued the building permit or others. The City may suspend the building permit until the cost for such emergency improvements if reimbursed to the City and/or it may assess such costs against the property.

(g)

Maintenance of Landscaping in Single Family Residential Districts: The person who applies for and is issued required building permits or certificates of occupancy shall cause the landscaping required by this section to be installed as set forth in this section, and the continuing owners of the property shall maintain the lot in compliance with this Building Code. After it is installed as required, the original landscaping may be altered by the owner without an additional permit, provided that such alteration meets the standards of this Building Code. Owners of single-family homes shall install and maintain landscaping by planting, replanting or installing all of the growing things and maintaining other permitted landscaping features in good maintenance and repair, with the grass cut to a height not to exceed eight inches (8").

(h)

Notice of Violations: The Building Commissioner shall give written notice to the owner, owner-tenant or person in charge of a single-family home found in violation of the Building Code. Such notice shall direct the installation and/or maintenance of landscaping and landscaping features as required by this section to be completed within five (5) days from the date the notice is to be delivered. If the owner, owner-tenant or person in charge cannot be located, the notice shall be delivered to the house occupying such lot and posted thereon, which delivery shall constitute sufficient notice under this subsection. A separate offense under this subsection shall be deemed committed each day a violation continues, but no additional notice, after the first notice, shall be required.

(Ord. 2018-94. Passed 10-21-19)

Excluding the tree lawn, not more than forty percent (40%) of the required front yard area may be improved with driveways, parking areas, sidewalks, and other hardscape surfaces.

(Ord. 2018-94. Passed 10-21-19)

Any person who fails to comply with any provision of the Chapter shall be guilty of a misdemeanor of the first degree and upon conviction thereof shall be subject to the penalties set forth in Section 101.99 of these Codified Ordinances.

(Ord. 2018-94. Passed 10-21-19)

The purpose of this Chapter is to provide for the regulation of uses, structures, and lots lawfully established prior to the enactment of this Code and amendments hereto but which do not conform to the existing provisions hereof. Such lawfully established uses, structures, and lots may be continued, despite their nonconforming conditions, subject to the provisions of this Code which provide for their completion and continued use, but also provide for reasonable regulation of their restoration, reconstruction, extension, and substitution. While it is the intent of this Chapter to permit such nonconforming conditions to continue until abandoned, removed, or abated, a nonconformity is deemed incompatible with currently permitted uses and requirements in the zoning district and should be discouraged, especially where such nonconformity constitutes a nuisance or hazard.

(Ord. 2018-94. Passed 10-21-19)

A nonconforming use existing at the time of the passage of this Chapter (originally enacted by Ordinance 1944-40, passed January 25, 1945) may be continued. A nonconforming use shall not be extended without the approval of the Commission, except that the extension of the use to any portion of the building, which portion was arranged or designed for such nonconforming use at the time of the passage of this Chapter, shall not be deemed an extension of a nonconforming use. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. Whenever a nonconforming use has been discontinued for a period of six (6) months or more, such discontinuance shall be considered conclusive evidence of an intention to legally abandon the nonconforming use. At the end of the six (6) months period of abandonment, the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of this Code.

(Ord. 2018-94. Passed 10-21-19)

When a nonconforming lot can be used in conformity with all applicable provisions of this Code, except that either the area or the width of the lot is nonconforming, then the lot may be used as if its area were conforming. When conforming use of a nonconforming lot cannot reasonably be established due to the setback requirements of the district in which it is located, the Commission may grant variances to setback requirements as necessary to establish a permitted use of the district, provided that there is no contiguous land in common ownership with the subject lot which could be used to reduce or eliminate the nonconformity and the variance meets all other variance standards of this Code.

(Ord. 2018-94. Passed 10-21-19)

(a)

Alterations or Enlargements: A nonconforming structure may be enlarged or extended to extend such structure to a total area not to exceed twenty percent (20%) more than the original existing area of the structure, provided that the alteration or enlargement shall comply with the current regulations for the district in which it is located.

(b)

Restoration of Damaged Structure: Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding, and continued use of any nonconforming structure damaged by fire, collapse, explosion or acts of God, subsequent to the date of this Code, provided that not more than fifty percent (50%) of the value of the building or structure was lost in such damage event and provided such replacement or repair does not extend the nonconformity, and further provided that such replacement or repair occurs within one (1) year of the date of damage. When more than fifty percent (50%) of the value of the structure is lost in such damage event, the structure and use shall not be reconstructed except either in a manner conforming with this Code or with the special approval of the Commission.

(c)

Repairs and Maintenance: Repairs and maintenance work as required to keep a nonconforming structure in sound condition are permitted.

(Ord. 2018-94. Passed 10-21-19)

Nothing in this Chapter shall prohibit the completion or construction and use of a nonconforming structure for which a Building Permit has been issued prior to the effective date of this Code or amendment thereto, and provided that construction is commenced within ninety (90) days and provided that the entire structure and the establishment of the use shall have been completed within one (1) year after issuance of the Building Permit.

(Ord. 2018-94. Passed 10-21-19)

Notwithstanding Sections 1116.02 and 1129.02, no person shall erect or maintain a dished satellite antenna larger than thirty-nine inches (39") in diameter in the City without first obtaining a building permit therefor and without conforming to the provisions of this chapter, except as otherwise permitted by Council. Such dished satellite antenna shall conform to the criteria set forth in Sections 1153.02 through 1153.08.

(Ord. 2018-94. Passed 10-21-19)

Dished satellite antennas shall not be linked to receivers or transmitters which are not located on the same lot as the antenna.

(Ord. 2018-94. Passed 10-21-19)

Application for plan review of the location of a satellite dish antenna shall be made to the Architectural Board of Review. Such application shall include plans and specifications for the installation and shall be accompanied by the payment of a fee to cover the cost of such examination and review. Plans shall indicate antenna specifications, materials, complete dimensions, support structure details, proposed location in relation to surrounding buildings, lot lines, utility wires and screening and that the antenna is an accessory use only to a permitted use located in the main building on the same lot as the antenna. Upon approval of such plans by the Board, an application for a building permit may be made to the Building Commissioner. The Board shall disapprove any plan not in conformance with the standards set forth herein or upon a finding that any installation is contrary to accepted architectural and/or engineering standards. The Board shall require each applicant to provide such engineering documentation as the Board requires, demonstrating compliance with engineering and building standards, and evidence that the antenna shall be designed to withstand winds as required by the Building Code.

(Ord. 2018-94. Passed 10-21-19)

(a)

Residential U1-A1, U1-A2 and U-2A Zoning Districts. Satellite dish antennas and required support structures in excess of thirty-nine inches (39") in diameter shall not be affixed to any main or accessory building. Antennas placed on the ground shall be located in the rear yard area, as defined in Section 1101.42(b). No part of any ground antenna, however turned or otherwise used, shall be located within five feet (5') of any building nor ten feet (10') from any lot line.

(b)

Districts Other Than U1-A1, U1-A2 and U-2A. Antennas shall be an accessory use to the principal use of tenants or occupants who lease not less than one thousand (1,000) square feet in the same building.

(1)

Rooftop installations. The antenna and required support structure shall not be closer than twenty feet (20') from the coping wall or exterior facing and shall be designed to withstand winds as required by the Building Code, and shall not create undue loading or stress on building components. An antenna shall not be closer than reasonably necessary to another antenna, a distance to be determined by the Architectural Board of Review using accepted engineering standards.

(2)

Other than rooftop installations. Antennas shall be accessory to the main use of the building and located on the same plot of land as the building, in the rear yard, as defined in Section 1101.42(b). No part of any antenna, however turned or otherwise used, shall be located within twenty feet (20') of any building or lot line. Each freestanding installation shall have an adequate base in conformance with the manufacturer's specifications and the Building Code.

(Ord. 2018-94. Passed 10-21-19)

The height of a satellite dish antenna, when turned perpendicular to the ground or roof, including its supporting structure, shall not exceed fifteen feet (15') above the concrete pad, natural grade or roof deck. The maximum diameter of any satellite dish antenna shall be twelve feet (12').

(Ord. 2018-94. Passed 10-21-19)

Satellite dish antennas shall be adequately screened from view from all public streets and adjoining property, to the extent that the Architectural Board of Review determines to be reasonable, depending on the zoning classification of abutting properties and other applicable factors. Each dish shall, to the extent possible, be harmonious in color with the building surface to which it is attached. The Board shall direct the applicant to provide adequate landscaping, if a ground application is approved, or other screening if another location is approved. The Board shall have continuing jurisdiction and authority to require adjustments or relocation of any antenna and to require additional screening and/or landscaping, as it shall determine. Prior to any order of the Board directing an adjustment, antenna relocation, or change in the screening and/or landscaping, the Board shall provide the owner with reasonable notice and an opportunity to be heard. The antenna and all required landscaping or screening shall be maintained to meet the minimum standards approved by the Board.

(Ord. 2018-94. Passed 10-21-19)

Dished satellite antennas and support structures shall be maintained in good repair and structurally sound to ensure that the antenna and structure will not be damaged due to winds or structural failure. All surfaces shall be maintained in good condition, free of rust, peeling paint or corrosion.

(Ord. 2018-94. Passed 10-21-19)

Dished satellite antennas smaller than thirty-nine inches (39") in diameter shall be permitted in all districts provided such dish structures comply with the following criteria, which are hereby established to protect the health and safety of residents and motorists, by providing for safe installations of dish structures which do not constitute hazards to persons or properties, which do not obstruct vehicular sight lines, and which are consistent with and preserve the established aesthetic character of the City:

(a)

All freestanding installations shall be located in compliance with the front setback regulations for the zoning district in which such installations are located. On corner lots, dishes shall also comply with the setback requirements from the side street;

(b)

Freestanding installations shall have an adequate base in accordance with the manufacturer's specifications for installation; and

(c)

All wiring for satellite dish antennas shall meet the requirements of the National Electrical Code and manufacturer's specifications to minimize the safety hazards associated with exposed wiring. No building permit is required for dished satellite antennas which are less than thirty-nine inches (39") in diameter.

(Ord. 2018-94. Passed 10-21-19)

The purpose of this Chapter is to provide for the construction and operation of alternative energy facilities as accessory uses in various use districts within the City, to provide standards for the placement, design, and operation of such facilities in order to protect the public health, safety, and general welfare, and to minimize the adverse impacts of alternative energy facilities on adjacent properties and on the aesthetic quality of the City.

(Ord. 2018-94. Passed 10-21-19)

The words and terms used in this Chapter shall have the following meanings:

"Alternative Energy Facility" means a solar array or wind energy facility intended to provide electrical power primarily for consumption on-site.

"Solar Array" means any collection of solar panels, connectors, battery banks, controllers, wiring, meters, and switching devices intended to work in combination to convert solar energy to electrical power.

"Solar Panel" means any device used for collecting solar energy and converting it to electrical power.

"Wind Energy Facility" means any combination of equipment, machinery, and structures used to convert kinetic wind energy into electrical power.

(Ord. 2018-94. Passed 10-21-19)

Alternative energy facilities shall be designed, erected, installed, operated, and/or maintained only in accordance with the provisions set forth in this Chapter. A building permit and electrical permit issued by the Building Commissioner shall be required prior to the erection, installation, connection, or operation of any alternative energy facility. Applicants shall provide written evidence that the power company has been informed of the intent to install an alternative energy facility at the subject site.

(Ord. 2018-94. Passed 10-21-19)

Alternative energy facilities shall only be permitted as accessory to a principal use or building located on the same lot or parcel. Such facilities shall be designed, installed, or constructed to provide electrical power to be primarily consumed by the principal use or building to which they are accessory. Cooperative facilities, electrical storage, and distribution of power are prohibited.

(Ord. 2018-94. Passed 10-21-19)

Roof mounted solar arrays shall be located in conformance with the following criteria and standards:

(a)

Roof Mounted Solar Arrays in Residential U-L, U-2A, and U-3 Districts. Roof mounted solar arrays shall be permitted in U-I, U-2A, and U-3 Districts provided that solar panels do not extend more than thirty-six inches (36") above either the plane of the roof or the ridge line of the dwelling and that all accessory components are located within the building or behind the principal building and within the side and rear building setback lines.

(b)

Roof Mounted Solar Arrays in Residential U-3A Districts. Roof mounted solar arrays shall be permitted in U-3A Districts provided that solar panels do not extend more than thirty-six inches (36") above the plane of the roof of pitched roofs nor more than forty-two inches (42") above the roof line or parapet wall of a flat roof and further provided that all accessory components are located either within the building, behind the principal building and within the side and rear building setback lines, or hidden from view behind the parapet wall of buildings with flat roofs.

(c)

Roof Mounted Solar Arrays in U-4A, U-4B, and U-5 Districts. Roof mounted solar arrays shall be permitted in U-4A, U-4B, and U-5 Districts provided that solar panels do not extend more than thirty-six inches (36") above the plane of the roof of pitched roofs or more than forty-two inches (42") above the roof or parapet wall of a flat roof and further provided that all accessory components are located either within the building, or within a screened enclosure behind the principal building, or are hidden from view behind the parapet wall of buildings with flat roofs.

(d)

Roof Mounted Solar Arrays in U-7A, U-8, U-8A, U-9, and U-10 Districts. Roof mounted solar arrays shall be permitted in U-7A, U-8, U-8A, U-9, and U-10 Districts provided that solar panels do not extend more than thirty-six inches (36") above the plane of the roof of pitched roofs or more than forty-eight inches (48") above the roof or parapet wall of a flat roof and further provided that all accessory components are located either within the building, or within a screened enclosure behind the principal building, or are hidden from view behind the parapet wall of buildings with flat roofs.

(e)

Roof Mounted Solar Arrays in All Use Districts. Roof mounted solar arrays shall have appropriate structural support and shall be designed to withstand winds of ninety (90) miles per hour.

(Ord. 2018-94. Passed 10-21-19)

Free-standing or ground mounted solar arrays shall be permitted in all use districts in conformance with the following criteria and standards:

(a)

Maximum Height. Free-standing or ground mounted solar arrays shall not exceed a maximum height of fifteen feet (15') measured to the highest projection of any solar panel in final configuration and orientation.

(b)

Minimum Setback. Free-standing or ground mounted solar arrays shall be setback from all side and rear property lines a distance equal to the height of the solar array, but in no case less than ten feet (10').

(c)

Location. Free-standing or ground mounted solar arrays shall be located behind the setback line of the principal building to which such facility is accessory.

(d)

Structural Support and Wind Load. Free-standing or ground mounted solar arrays shall have appropriate structural support and shall be designed to withstand winds of ninety (90) miles per hour.

(e)

Accessory Components. All accessory components shall be located either within the principal building or behind the principal building and within the side and rear building setback lines. Ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. Accessory components shall be screened from view from public rights-of-way and adjacent properties.

(f)

Wiring. All electrical connections between free-standing or ground mounted solar arrays and the principal building shall be located underground.

(Ord. 2018-94. Passed 10-21-19)

Roof mounted wind energy facilities may be located on buildings with flat roofs located in the U-3A, U-4A, U-4B, U-5, U-7A, U-8, U-8A, U-9, and U-10 Districts in conformance with the following criteria and standards:

(a)

Structural Design. Roof mounted wind energy facilities shall have appropriate structural support.

(b)

Accessory Components. All accessory components shall be located either within the principal building or behind the principal building and within the side and rear building setback lines. Ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. Accessory components shall be screened from view from public rights-of-way and adjacent properties.

(c)

Maximum Sound Level. The maximum sound produced by a wind energy facility during operation shall not exceed sixty (60) dbA measured at the nearest property line.

(d)

Brakes. All wind energy facilities shall be equipped with an automatic over-speed control system, which may be either an electronic or mechanical system, for automatically controlling blade rotation speed so that the design limits of the system are not exceeded.

(e)

Appearance. Lighting of wind energy facilities shall be prohibited. Towers, turbines and blades shall be white, black, or gray. No signage or advertising shall be permitted on any wind energy facility.

(f)

Maintenance Required. Wind energy facilities shall be properly maintained at all times in compliance with all manufacturers specifications. The immediate grounds around the base of the facility shall be maintained in good condition at all times.

(g)

Engineering Report Required. Each application for a wind energy facility shall be accompanied by a report from a licensed engineer documenting that the proposed system will meet all of the standards set forth herein, that it is designed to handle anticipated wind loads, that the roof support system has been properly designed, and that it has appropriate over-speed controls.

(h)

Maximum Height. Roof mounted wind energy facilities shall not extend more than twenty feet (20') above the maximum building height of the use district in which they are located nor more than thirty feet (30') above the roof level of the building on which the facility is mounted.

(Ord. 2018-94. Passed 10-21-19)

Free-standing or ground mounted wind energy facilities shall comply with the following criteria and standards:

(a)

Clear Fall Zone. In order to provide for a safe clear fall zone in the event of structural failure, the minimum setback from any property line, electrical transmission line, public right-of-way or easement, or gas well shall be one and one tenths (1.1) times the height of the wind energy facility measured to its highest point.

(b)

Minimum Ground Clearance. No moving part of any wind energy facility shall extend to within fifteen feet (15') of the ground.

(c)

Maximum Sound Level. The maximum sound produced by a wind energy facility during operation shall not exceed sixty (60) dbA measured at the nearest property line.

(d)

Brakes. All wind energy facilities shall be equipped with an automatic over-speed control system, which may be either an electronic or mechanical system, for automatically controlling blade rotation speed so that the design limits of the system are not exceeded.

(e)

Wiring. All electrical connections between free-standing or ground mounted wind energy facilities and the principal building shall be located underground. Ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(f)

Appearance. Lighting of wind energy facilities shall be prohibited. Towers, turbines and blades shall be white, black, or gray. Only monopole towers shall be permitted. No signage or advertising shall be permitted on any wind energy facility, provided however, that each such facility shall have a visible mounted emergency placard eighteen inches (18") by eighteen inches (18") containing the name and emergency contact information of the owner and individual or firm responsible for service and the date of installation of the facility.

(g)

Maintenance Required. Wind energy facilities shall be properly maintained at all times in compliance with all manufacturers specifications. The immediate grounds around the base of the facility shall be maintained in good condition at all times.

(h)

Engineering Report Required. Each-application for a wind energy facility shall be accompanied by a report from a licensed engineer documenting that the proposed system will meet all of the standards set forth herein, that it is designed to handle anticipated wind loads, that the foundation has been properly designed, that it will comply with the clear fall zone requirement, and that it has appropriate over-speed controls.

(i)

Anti-Climb Devices Required. Wind energy facilities shall be fenced or fitted with anti-climb devices.

(j)

Removal. Any wind energy facility which is not operated or ceases to function for a period of six (6) consecutive months or longer shall be deemed abandoned and shall be removed.

(Ord. 2018-94. Passed 10-21-19)

This Chapter is intended to provide specific standards for certain uses which, because of the nature of each use or its effect upon persons or property, requires that they be operated in compliance with certain standards and provisions. Such uses shall only be permitted when such uses meet the conditions set forth in this Chapter and this Code.

(Ord. 2018-94. Passed 10-21-19)

(a)

Permitted Uses; Compliance with Code and Building Code. A child day care center shall be permitted in Class U-5, U-7A, U-8, U-8A, U-9 and U-10 Districts, provided that it is in compliance with the following regulations, in addition to all other applicable requirements of this Code and the Building Code.

(b)

Definitions. The definitions provided in Ohio R.C. 5104.01, as now adopted or as amended, are incorporated by reference herein.

(c)

Submission of Applications; Transfer of Ownership.

(1)

Application for approval to locate a child day care center shall be made to the Commission by the owner of the building where the proposed use will be located, or such owner's agent. This application may request preliminary approval subject to approval of the location by a State agency within one (1) year. If preliminary approval is granted, an application for final approval will be considered after the final approval by a State agency.

(2)

Approval, when granted, is not transferable to another entity without approval from the City.

(3)

If a child day care center is sold or transferred, the new owner must apply for new approval. The new owner may operate the child day care center for up to ninety (90) days while the new permit application is pending. A new owner shall be approved if such person meets all requirements of this Code and these Codified Ordinances.

(d)

State Approval and Licensing.

(1)

The child day care center shall have and continue to have a valid license from an agency of the State of Ohio to operate at such location, and it shall operate at all times in compliance with all applicable laws of the City, the State, the United States and any regulatory agencies of both the State and Federal Governments.

(2)

The owner shall file with the Commission copies of documents showing State approval and licensing, and any notice of inspection, findings of violations and plans for correction sent by the State agency and responded to by the child day care center shall be made available to any City inspector upon request.

(e)

Building Requirements.

(1)

The use shall be located only in a one (1) story building with at least two (2) exits from the child day care center directly to the outside of such building.

(2)

The building must contain a sprinkler system approved by the Fire and Rescue Department.

(3)

Male and female rest rooms shall be provided within and for the exclusive use of the child day care center, with sufficient facilities as determined by the Commission.

(f)

Site Development Plans. The site development plan shall show:

(1)

Any outdoor playground, with fences, curbs and locations for child playground equipment.

(2)

Drop-off and pick-up areas for the children, with room provided for standing, loading and unloading automobiles.

(3)

Off-street parking, which shall be one (1) space per required staff employee, plus one (1) space for every twenty (20) children, measured at maximum occupancy under State law.

(g)

Prohibited Employees. No person shall be employed in a child day care center who is prohibited from employment in a day care center or home as provided for in Ohio R.C. 5104.09.

(h)

Operation.

(1)

A child day care center must be operated in such a manner as to restrain loud noise, yelling or other conduct that will affect other tenants in the same or a neighboring building, and to protect the children.

(2)

The outdoor area must be protected from vehicles, noise, smoke, vibration, odor, toxic or noxious fumes, or other hazards which threaten the health, safety and general welfare of the children. The Commission may request assistance in this regard from the City doctor or others.

(3)

Any incident or circumstance which threatens the health, safety and general welfare of the children shall be immediately reported to the City Building Department.

(4)

No child day care center shall permit any person to smoke in any indoor or outdoor space that is part of the center. This prohibition shall be posted in a conspicuous place at the main entrance of the center.

(Ord. 2018-94. Passed 10-21-19)

(a)

Definitions.

"Adult Day Care Center" means a building or portion of a building in which an adult day care program is conducted for any part of a day and the program that is conducted in that building or portion of a building.

"Adult Day Care Program" means a program designed to provide personal care and/or skilled nursing care services to two (2) or more adults for a fee by persons other than their guardians, custodians or relatives by blood or marriage, for any part of but less than twenty-four (24) hours a day in a place other than the adult's own home.

"Personal Care Services" means services, other than skilled nursing care, to assist in the daily care of the participant, including, but not limited to, a variety of health, social and related support services.

"Skilled Nursing Care" means procedures that require technical skills and knowledge beyond those the untrained person possesses, and that are commonly employed in providing for the physical, mental and emotional needs of the elderly, ill, functionally impaired, or otherwise incapacitated adult.

(b)

Permitted Uses; Compliance with Code and Building Code. An adult day care center shall be permitted in Class U-5, U-7A, U-8, U-8A, U-9 and U-10 Districts, provided that it is in compliance with the following regulations, in addition to all other applicable requirements of this Code and the Building Code. However where a nursing home is already on site, any related adult day care center shall be considered a compatible and accessory use without reference to the standards herein.

(c)

Submission of Applications; Transfer of Ownership.

(1)

Application for approval to locate an Adult Day Care Center shall be made to the Commission by the owner of the building where the proposed use will be located, or such owner's agent.

(2)

Approval for an occupancy permit shall be issued to the person who is the owner/operator of the adult day care center and is not transferable without the approval of the City.

(3)

If an Adult Day Care Center is sold or transferred, the new owner/operator must apply for new approval. The new owner/operator may operate the adult day care center for up to ninety (90) days while the new permit application is pending. A new owner/operator will be approved only if such person meets all requirements of this Code and these Codified Ordinances.

(d)

Compliance with Laws.

(1)

The adult day care center shall operate at all times in compliance with all applicable laws of the City, the State, the United States and any applicable regulatory agencies of both the State and Federal Governments.

(2)

The owner/operator of the adult day care center shall file with the Commission copies of documents showing any notice of inspection, findings of violations or plans for correction sent by any governmental agency and responded to by the adult day care center, which shall be made available to any City inspector upon request.

(3)

The adult day care center shall conform to all State rules, regulations, standards and laws governing or applying to such institutions, which are incorporated by reference herein.

(e)

Building and Facility Requirements.

(1)

The use shall be located in a one-story building or on the first floor of a multi-story building, and in either instance shall contain at least two (2) exits from the adult day care center directly to the outside of such building. There shall be no ingress or egress to or from the lobby area of the building.

(2)

The building must contain a fire sprinkler system installed in accordance with 4101:2-9 OBBC, approved by the Fire and Rescue and Building Departments.

(3)

Male and female rest rooms shall be provided within and for the exclusive use of the adult day care center, with sufficient facilities as determined by the Commission. Each rest room will meet handicap requirements as defined in the OBBC.

Toilet rooms shall conform to the following:

A.

Separate toilet facilities are required for each sex.

B.

One (1) water closet for every eight (8) persons with a minimum of two (2) water closets in every toilet room.

C.

A minimum of one (1) urinal shall be provided for each male toilet room; thereafter, urinals may be substituted for one-half (½) of the required number of water closets.

D.

One (1) lavatory shall be provided for each two (2) sanitary fixtures (water closet or urinal), but a minimum of one (1) lavatory shall be provided in each toilet room.

E.

Twenty-four inches (24") of wash sink or eighteen inches (18") of circular basin shall be considered as one (1) lavatory.

(4)

One drinking fountain shall be provided for each fifty (50) persons or less.

(5)

The facility shall be accessible to people with disabilities and shall meet all applicable State and Federal guidelines regarding same.

(6)

Sound transmission shall be controlled and appropriate sound-proof walls shall be inserted between the facility and facilities containing other tenants in the building. Walls, partitions and floor/ceiling assemblies separating the adult day care center from other tenants in the building or from public or service areas shall have a sound transmission class (STC) of not less than forty-five (45) for air-borne noise when tested in accordance with ASTM E90 listed in Chapter 35.

(7)

A covering to protect participants from inclement weather shall be provided over one (1) outside entrance.

(8)

Sufficient kitchen and dining areas shall be provided for the facility's specified requirements and programs.

(9)

There shall be a fire alarm protective signaling system and automatic fire detection system serving the adult day care center, to be approved by the City's Building and Fire and Rescue Departments. In addition there shall be an approved security alarm internally on all exit doors to notify staff of someone leaving the facility.

(10)

There shall be slip resistant surfaces on all stairs and ramps.

(f)

Site Development Plans. The site development plan shall show:

(1)

Drop-off and pick-up areas for the participants, with sufficient space provided for standing, loading and unloading automobiles and accommodations for wheelchairs.

(2)

Off-street parking, which shall consist of one (1) parking space for every two hundred (200) square feet of space in the adult day care center, but in any event there shall be a minimum of ten (10) parking spaces.

(g)

Prohibited Employees. No person shall be employed in an adult day care center who would be prohibited from employment in a day care center or home as provided for in the requirements of Ohio R.C. 5104.09 which applies to child day care centers.

(h)

Operation.

(1)

An adult day care center must be operated in such a manner as to restrain loud noise, yelling or other conduct that will affect other tenants in the same or a neighboring building, and to protect the participants.

(2)

Any outdoor area specifically affiliated with or utilized by the adult day care center must be protected from vehicles (other than routine drop-off and pickup), noise, smoke, vibration, odor, toxic or noxious fumes or other hazards which threaten the health, safety and general welfare of the participants. The Commission may request assistance in this regard from the City Doctor or others.

(3)

Any incident or circumstance which threatens the health, safety or general welfare of the participants shall be immediately reported to the Safety Director of the City.

(4)

At least one (1) registered or licensed nurse shall be on staff and present in the center at all times.

(5)

There shall be a minimum of direct care staff to participant ratio of one (1) to eight (8) or better, depending upon the degree of impairment of the participants.

(6)

Every adult day care center shall require criminal records checks of its applicants for employment to be conducted through the Beachwood Police Department, in the same manner provided for child day care centers under the Ohio Revised Code Section 5104.012. The cost of such checks shall be reimbursed to the City by the adult day care center. The results shall be governed by subsection (h) hereof.

(7)

No adult day care center shall permit any person to smoke in any indoor space that is part of the center; provided, however that smoking by visitors, employees and participants may be permitted in a designated, enclosed area which is separately ventilated to the outside. This prohibition shall be posted in a conspicuous place at the main entrance of the center.

(Ord. 2018-94. Passed 10-21-19)

(a)

Definitions.

"Farmers Market" means an outdoor market open to the public where at least seventy-five percent (75%) of the displayed inventory of the product sold in each farmers market is farm products or value-added farm products.

"Farm Product" means fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, yogurt, cheese, and other dairy products), and seafood.

"Value-Added Farm Product" means any product processed from a farm product, such as baked goods, jams and jellies, canned vegetables, dried fruit, syrups, salsas, salad dressings, flour, coffee, smoked or canned meats or fish, sausages, or prepared foods.

(b)

Special Permitted Use. Farmers markets may be established in the City in any nonresidential district with the approval of the Safety Director and a permit issued by the Building Commissioner. Such a permit shall be issued only when the Safety Director and the Building Commissioner find that the proposed use is a farmers market, as defined in subsection (a)(l) hereof, and complies with all the requirements and standards of this section. Wherever feasible, farmer's markets are to locate on sites that have convenient pedestrian, bike and public transit access and sufficient off-street parking.

(c)

Requirements and Standards. Farmers markets shall only be permitted subject to the following requirements and standards:

(1)

Farmers markets shall not be operated more than once a week at one location and shall be limited to the months of May through October.

(2)

Hours of operation shall be limited to 9:00 a.m. to 2:00 p.m.

(3)

There will be no cooking on premises.

(4)

Farmers markets and their vendors shall obtain all required operating and health permits and said permits (or copies) shall be in the possession of the farmers market operator or the vendor as applicable, on the site of the farmers market during all hours of operation.

(5)

Farmers markets shall be registered with the Ohio Department of Agriculture, Division of Food Safety, and present proof of such registration to the Building Commissioner.

(6)

Farmers markets must have a representative of the operator authorized to direct the operations of all vendors participating in the market on the site of the market during all hours of operation.

(7)

The host property must provide waste removal and/or recycling facilities and services, in accordance with applicable codes and as approved by the City, for all farmers market operations, including vendors and patrons.

(8)

Sanitary facilities for vendors of the farmers market must be provided by the host property.

(9)

During the hours of operation, dedicated and exclusive parking for the farmers market shall be provided at the rate of a minimum of one (1) parking space per booth or vendor.

(10)

For the purpose of a farmers market only, required on-site parking spaces of the host property may apply towards meeting the number of required parking spaces required for the farmers market provided such arrangement does not render the host property deficient in its parking requirement. There shall be a written agreement signed by both the property owner and the farmers market manager establishing that there will be no parking demand associated with the use of the host property for the same parking space(s) during the hours of the farmers market operation.

(11)

One temporary free-standing sign not to exceed ten (10) square feet in area and six feet (6') in height may be permitted for the farmers market provided that a temporary sign permit is obtained from the Building Department and that the location of the sign is approved by the Building Commissioner and the Police Chief. The temporary sign authorized by this subsection shall be installed no sooner than the day before the farmers market and shall be removed by the end of the day of the farmers market.

(Ord. 2018-94. Passed 10-21-19)

(a)

Definitions.

"Domestic Farm Animal" or "Domestic Farm Animals" means one (1) or two (2) goats or one (1) sheep. Any other animal is not a domestic farm animal for purposes of this section.

"Fowl" includes geese, turkeys, ducks, chickens, and any other similar type of animal. Fowl does not include roosters.

(b)

Purpose. The purpose of this section is to permit the keeping of domestic farm animals and fowl in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe. Domestic farm animals may be kept only when specific findings are made by the Commission that the domestic farm animal use meets the conditions set forth in this section and the Code.

(c)

Special Permitted Use- Keeping of Domestic Farm Animal. In addition to fowl, domestic farm animals, upon approval of a domestic farm animal application by the Commission and issuance of a permit by the Building Commissioner, are permitted on a residential parcel in excess of 1.1 acres. The keeping of domestic farm animals is limited to a maximum of two (2) goats or one (1) sheep per residential parcel in excess of 1.1 acres. A permit shall be issued only if the Commission and the Building Commissioner find that all requirements and standards of this section are met. Domestic farm animals are not permitted in any non-residential district. A domestic farm animals special use permit is valid for an indefinite period of time provided that there is no material change from the information provided in the domestic farm animals special use permit application and the keeping of the domestic farm animal or animals is in accordance with the requirements of this section.

(d)

Domestic Farm Animal Special Use Permit Application. A Domestic farm animal special use permit application shall be provided by the Building Commissioner and shall require an applicant to provide the following:

(1)

The address of the property where the applicant proposes to keep a domestic farm animal and the name and address of the applicant and the property owner, if different than the applicant;

(2)

A survey, prepared by professional surveyor, indicating the total acreage of the property;

(3)

The type of proposed domestic farm animal or domestic farm animals;

(4)

A statement regarding whether or not fowl are currently kept on the property;

(5)

A description of the structure where the domestic farm animal or domestic farm animals will be kept and a drawing depicting the location of such structure on the property in relation to other structures on the property, the property lines; and neighboring structures;

(6)

A description of the area where the domestic farm animal or domestic farm animals will be permitted to graze, roam, or otherwise occupy and a drawing depicting such area in relation to other structures on the property, the property lines, and neighboring structures;

(7)

A statement regarding any existing and proposed fence structures on the property;

(8)

A statement indicating the noise and odor control measures, including the disposal of domestic farm animal waste, that the applicant will utilize in order to limit public nuisance complaints;

(9)

A statement indicating that the applicant, if a permit is granted, will take the necessary measures to ensure that the domestic farm animal or domestic farm animals receive proper medical treatment and vaccinations and that, upon request of the Building Commissioner, documentation of such medical treatment and vaccinations will be provided to the Building Commissioner;

(10)

A statement granting the Building Commissioner or the Building Commissioner's designee authority to access the property to determine compliance with this section and any other applicable Codified Ordinances;

(11)

A statement acknowledging that, if a permit is granted, and such permit is revoked the immediate removal of the domestic farm animal or domestic farm animals is required;

(12)

A statement indicating that the applicant, if a permit is granted, will update the information provided on the application, including information relating to the keeping of fowl and changes to fences structures, as may be necessary to ensure that the City has current and accurate information relating to the keeping of the authorized domestic farm animal or domestic farm animals on file; and

(13)

Any other information that the Building Commissioner may deem relevant to determine compliance with this section.

(e)

Notification to Neighboring Property. The Building Commissioner, upon receipt of a domestic farm animal application, shall send written notice of the filing of such application to each abutting property owner. The Building Commissioner shall approve a domestic farm animal application only if it finds that the domestic farm animal use meets the conditions set forth in this section and the Code.

(f)

Requirements and Standards. Domestic farm animals shall only be permitted in a residential district if the following requirements and standards are met and a permit may be revoked for failure to adhere to the following requirements and standards:

(1)

Domestic farm animals are kept on property is in excess of 1.1 acres;

(2)

Domestic farm animals are kept in a structure designed to house the domestic farm animals and the structure is maintained in sanitary condition and in good repair;

(3)

The domestic farm animal structure conforms to all Code requirements and is located not less than twenty feet (20') from the rear or side yard line and not less than two hundred feet (200') from any existing residence on an adjacent property;

(4)

Any domestic farm animal pasture or other area where the domestic farm animal will graze, roam, or otherwise occupy is located not less than ten feet (10') from the rear or side yard line and not less than two hundred feet (200') from any existing residence on an adjacent property;

(5)

The domestic farm animals are kept in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby properties and not to cause health hazards;

(6)

The domestic farm animals are kept in a manner that is not injurious or unhealthful to the animal and receives necessary medical treatment and vaccinations; and

(7)

The domestic farm animals are kept in a manner that complies with all provisions of the Codified Ordinances, including Section 618.12.

(g)

Inspection and Permit Revocation. The Building Commissioner or the Building Commissioner's designee has the authority to inspect any property where domestic farm animals or fowl are kept to determine compliance with the regulations of this section. The Building Commissioner, upon inspection and determination that a violation this section exists and permit revocation is necessary to ensure compliance with this section, shall send written notice of such violation and permit revocation to the keeper of the domestic farm animal and the property owner, if different than the keeper of the domestic farm animal. The notice shall state the violation and that the keeper of the domestic farm animal or the property owner has the right to appeal such permit revocation determination within ten (10) calendar days of receipt of the notice to the Safety Director. All appeals shall be filed in writing with the Safety Director. The Safety Director shall hear the appeal within ten (10) calendar days and the determination of the Safety Director shall be final.

(h)

Prohibition Against Keeping of Domestic Farm Animals When a Permit is Revoked. Any person, including the keeper of domestic farm animals and any property owner where domestic farm animals are kept, that has a domestic farm animals special use permit revoked is prohibited from obtaining a future domestic farm animals special use permit.

(i)

Keeping of Fowl. A permit is not required for the keeping of fowl. However, fowl must be restrained at all times in a structure designed to house fowl. Such structure shall be no larger than four feet (4') by four feet (4') by four feet (4'), enclosed on all sides and on top, and maintained in sanitary condition and in good repair. The structure shall conform to all Code requirements and shall be located not less than twenty feet (20') from the rear or side yard line and not less than two hundred feet (200') from any existing residence on an adjacent property.

(j)

Roosters Prohibited. No person shall keep a rooster in the City.

(k)

Penalty. No person shall keep any farm animal or fowl in violation of this section.

(Ord. 2018-94. Passed 10-21-19)

(a)

Definitions.

"Food Truck" means any mobile food preparation vehicle, whether self-propelled or attached as a trailer in which food is processed, prepared, stored, or dispensed to the paying consumer.

"Food Truck Park" means a permanent arrangement of parking, seating, and restroom facilities for four (4) or more food trucks for which a site development plan has been approved by the Planning and Zoning Commission.

(b)

Special Permitted Use. Food trucks may be permitted on private property in the City with the written approval of the property owner in any U-4A Integrated Business District, U-4B Shopping Center District, U-5 Public and Institutional District, U-8 Industrial and Office Mixed-Use District, or U-7A General Office Building District with the approval of the Safety Director and a permit issued by the Building Commissioner. Such a permit shall be issued only when the Safety Director and the Building Commissioner find that the proposed use complies with all the requirements and standards of this section. Food trucks shall locate only on sites that have convenient pedestrian, bike and vehicular access and sufficient off-street parking. Violation of any of the requirements and standards of this Section shall result in immediate revocation of the special permit.

(c)

Requirements and Standards. Food trucks shall only be permitted subject to the following requirements and standards except where a food truck park has been approved by the Planning and Zoning Commission as provided in subsection (d) hereof:

(1)

Food trucks shall not conduct vending more than once a week at any one (1) property, other than at active construction sites as authorized by the Building Commissioner.

(2)

Hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.

(3)

Food trucks shall maintain a minimum separation of ten feet (10') between vehicles and/or equipment and shall not be parked or operated within twenty feet (20') of a building.

(4)

Sanitary facilities for vendors must be provided by the host property.

(5)

Food trucks may not be parked overnight, and must be removed from the property.

(6)

Food trucks must be self-contained when vending, except for the required trash and/or recycling receptacles, which shall be placed in close proximity to the food truck and shall not impede the free movement of automobiles or pedestrians.

(7)

Food truck vendors or the host property owner shall remove all waste and trash at the close of business.

(8)

Food trucks must be specifically designed and constructed to sell the food offered and be approved by the Cuyahoga County Board of Health.

(9)

Food trucks shall serve pedestrian customers only. No drive-through or drive-in service.

(10)

Each food truck shall display its Health Department Certificate in a prominent location.

(11)

Food truck vendors must have a valid State of Ohio driver's license and vehicle registration.

(12)

Food trucks shall be located so as to minimize the impact on available parking, and shall not block fire hydrants, fire lanes, or means of egress from buildings.

(13)

Food trucks shall comply at all times with the City's noise regulations.

(14)

Food truck vendors may only conduct business when their vehicles are parked and stationary.

(15)

Food trucks shall comply with the provisions of Codified Ordinance Section 711.01.

(16)

Food trucks operators shall register with the City and shall be subject to inspection by the City's Fire Prevention Bureau during operation.

(17)

Fueling of food trucks or associated generators shall not be permitted at the vending site.

(18)

Each food truck shall have an exterior emergency shut off for flow from propane and/or natural gas tanks and said shut off shall be clearly marked.

(19)

All food trucks shall have a minimum ten (10) lb. ABC fire extinguisher. Food trucks that produce grease laden vapors shall have a "K" class fire extinguisher.

(20)

Generators not permanently attached to food trucks shall be located a minimum of twenty feet (20') from any building, vehicle, or other equipment.

(21)

There shall be no alcoholic beverage service associated with food truck vending.

(d)

Food Truck Parks. The Planning and Zoning Commission may approve a site development plan for a food truck park in any U-4A Integrated Business District or U-4B Shopping Center District provided that such facilities comply with the following criteria and standards:

(1)

Food trucks shall only operate from designated spaces in accordance with the approved site development plan.

(2)

The number of food trucks shall be as designated on the approved site development plan.

(3)

Hours of operation shall be limited to between 7:00 a.m. and 11:00 p.m.

(4)

Food trucks shall maintain a minimum separation of ten feet (10') between vehicles.

(5)

Restroom facilities for patrons shall be provided on site in a permanent building.

(6)

Covered and open air seating for patrons shall be provided in accordance with the approved site development plan.

(7)

Food trucks must be self-contained when vending, except for the required trash and/or recycling receptacles, which shall be placed in close proximity to the food truck and shall not impede the free movement of automobiles or pedestrians.

(8)

Food trucks must be specifically designed and constructed to sell the food offered and be approved by the Cuyahoga County Board of Health.

(9)

Food trucks shall serve pedestrian customers only. No drive-through or drive-in service.

(10)

Each food truck shall display its Health Department Certificate in a prominent location.

(11)

Food truck vendors must have a valid State of Ohio driver's license and vehicle registration.

(12)

Food trucks shall comply at all times with the City's noise regulations.

(13)

Food trucks shall comply with the provisions of Codified Ordinance Section 711.01.

(14)

Food trucks operators shall register with the City and shall be subject to inspection by the City's Fire Prevention Bureau during operation.

(15)

Fueling of food trucks or associated generators shall not be permitted at the vending site.

(16)

Each food truck shall have an exterior emergency shut off for flow from propane and/or natural gas tanks and said shut off shall be clearly marked.

(17)

All food trucks shall have a minimum ten (10) lb. ABC fire extinguisher. Food trucks that produce grease laden vapors shall have a "K" class fire extinguisher.

(18)

Generators not permanently attached to food trucks shall be located a minimum of twenty feet (20') from any building, vehicle, or other equipment.

(Ord. 2018-94. Passed 10-21-19)

(a)

The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and shall maintain said home as their bona fide long-term residence with the intent to live at the home on a continuing basis.

(b)

The application for a permit shall demonstrate that adequate supervision will exist in the home based on the functional needs of the residents.

(c)

Not more than four (4) non-resident persons may be at the residential home at any one (1) time for the purposes of providing direct care to the handicapped residents of the home.

(d)

The interior and exterior design of the home and yard shall maintain the single-family character, appearance, utilization, equipment and materials, and shall have only one (1) central dining and kitchen facility.

(e)

No signs or other means of identification shall be permitted on the exterior of the home to indicate that it is anything but a single-family residence.

(f)

The facility shall comply with the applicable parking regulations of the Zoning District for the type of residential structure used and the number of residents and, shall make adequate provisions for on-site parking of vehicles in sufficient number to accommodate residents, guests, and home supervisors.

(g)

The application for a permit shall include a copy of the facility's current license and/or certificate from the Ohio Department of Developmental Disabilities, Ohio Department of Jobs and Family Services, Ohio Department of Mental Health and Addiction Services or other governmental authority.

(h)

The application shall include a statement as to the maximum number of residents to reside in the facility, the nature of their functional impairments, and the type of assistance, support, including number of support staff, and supervision to be provided, and assurances that staff and supervision will be reasonably adequate to meet the needs and safety of the residents.

(Ord. No. 2023-11. Passed 9-5-23)

Where specifically authorized by the provisions of this Code, the Commission may, subject to Section 1159.02 below, with the consent and approval of Council, make a determination that a requested use which is not expressly listed as a permitted use within a particular use district is a similar, harmonious, and compatible use within said district where the approval of said use will not adversely affect other properties and is consistent with the spirit and intent of both the use district and this Code. Where a use is determined by the Commission and Council to be similar, harmonious, and compatible to the listed permitted uses in a district, it shall thereafter be treated as a permitted use within the identified use district. Such determinations by the Commission and Council shall be considered interpretations of this Code and not use variances.

(Ord. 2018-94. Passed 10-21-19)

(a)

The Commission may authorize, upon appeal, in specific cases, such area variances from the terms of Chapters 1113, 1114, 1141, 1143, 1145,1146, 1157 of this Code, and Chapter 935 of the Streets and Public Services Code, as will not be contrary to the public interest, where, owing to special conditions or unique circumstances, a literal enforcement of the provisions or requirements this Code will result in a practical difficulty and so that the spirit of this Code shall be observed and substantial justice done.

(b)

Except as specifically provided in subsection (a) hereof, the Commission may recommend and the Council may authorize, upon appeal, in specific cases, such variances from the terms of this Code as will not be contrary to the public interest, where, owing to special conditions or unique circumstances, a literal enforcement of the provisions or requirements this Code will result in unnecessary hardship or practical difficulty and so that the spirit of this Code shall be observed and substantial justice done.

(Ord. 2018-94. Passed 10-21-19)

Each application for a variance shall be accompanied by a statement of justification for the requested variance along with substantiating evidence regarding the required findings of fact as set forth herein. It shall be the responsibility of each applicant to provide sufficient information and clear and convincing evidence to support the requested variance.

(Ord. 2018-94. Passed 10-21-19)

No appeal for an area variance, that is a variance involving provisions relating to spatial or dimensional requirements, such as yard dimensions, setbacks, height, parking, or similar requirements or provisions of this Code, shall be recommended or granted by the Commission or granted by Council unless the Commission and/or Council determine by clear and convincing evidence that a practical difficulty exists or will result from the literal enforcement of the Code. The following standards shall be considered and weighed by the Commission and Council in determining whether the granting of an area variance is warranted to afford relief of a practical difficulty:

(a)

Whether the property in question will yield a reasonable return and whether there can be any beneficial use of the property without the variance.

(b)

Whether the variance is substantial.

(c)

Whether the essential character of the neighborhood will be substantially altered and whether adjoining properties will suffer interference with their proper future development and rights as a result of the variance.

(d)

Whether the variance will adversely affect the delivery of governmental services (i.e. water, sewer, garbage, fire, police, or other).

(e)

Whether the property owner purchased the property with knowledge of the zoning restriction.

(f)

Whether the property owner's predicament can be obviated through some method other than a variance.

(g)

Whether the spirit and intent of the Code will be observed and substantial justice done by granting the variance.

(h)

Whether granting of the variance will be contrary to the general purpose, intent, and objective of the specific use district.

(i)

Whether the variance requested arises from a condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning district or general vicinity.

(j)

Whether the practical difficulty is created by the Code and not by any action or actions of the property owner or the applicant.

(k)

Whether the variance desired will adversely affect the public health, safety, or general welfare.

(l)

Whether the variance requested is the minimum variance necessary to afford relief to the property owner.

(Ord. 2018-94. Passed 10-21-19)

No appeal for a use variance, that is, a variance for the approval of a use which is not permitted in the district, shall be recommended by the Commission or granted by Council unless the Commission and Council determine by clear and convincing evidence that an unnecessary hardship exists or will result from the literal enforcement of the Code. The following standards shall be considered and weighed by the Commission and Council in determining whether the granting of a use variance is warranted to afford relief of an unnecessary hardship:

(a)

Whether uses permitted in the district may be reasonably established on the property and whether the permitted uses are economically viable on the property in question without the variance.

(b)

Whether the variance is the minimum variance necessary to afford relief to the property owner.

(c)

Whether the essential character of the neighborhood will be substantially altered or adjoining properties will suffer interference with their proper future development and rights as a result of the variance.

(d)

Whether the variance requested arises from an exceptional condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning district or general vicinity.

(e)

Whether the hardship condition was created by actions of the applicant.

(f)

Whether the spirit and intent of the Code will be observed and substantial justice done by granting the variance.

(g)

Whether the use requested is similar in character to the permitted uses in the subject district.

(h)

Whether the subject property is adequate to meet the needs and requirements of the proposed use.

(Ord. 2018-94. Passed 10-21-19)

In granting or recommending approval of a variance, the Commission may prescribe appropriate conditions, stipulations, requirements, and safeguards in conformity with this Code. Violations of such conditions, stipulations, requirements, and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code.

(Ord. 2018-94. Passed 10-21-19)

Council shall consider the recommendation of the Commission along with the variance application, including any and all conditions, stipulations, requirements, and safeguards recommended by the Commission. Council may include and attach the conditions, stipulations, requirements, and safeguards recommended by the Commission, may modify the recommendations of the Commission, and/or may prescribe such additional conditions, stipulations, requirements, and safeguards as it may deem necessary and appropriate as terms and conditions under which the variance is granted. Violations of such conditions, stipulations, requirements, and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code.

(Ord. 2018-94. Passed 10-21-19)

(a)

Any person, firm, or corporation aggrieved by any final decision of the Commission with regard to an application for a variance may appeal such decision to the Council provided that such appeal shall be filed within thirty (30) days after the date of the Commission's action.

(b)

Any person, firm, or corporation aggrieved by any decision of the Council with regard to an application for a variance may appeal such decision to the Court of Common Pleas provided that such appeal shall be filed within thirty (30) days after the date of Council's action.

(Ord. 2018-94. Passed 10-21-19)