Except as provided in this subchapter, no building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used:

   (A)   Except for a purpose permitted in the district in which the building or land is located;

   (B)   Except in conformance to the height, lot coverage, or bulk limits established herein for the district in which the building or use is located;

   (C)   Except in conformance to the yard and lot regulations of the district in which the building or use is located;

   (D)   Except in conformance to the off-street parking and off-street loading space regulations of the district in which the building or use is located; and/or

   (E)   Unless such building or structure is located on a lot as defined in this division and in no case shall there be more than one principal structure on a lot except as specifically provided in this subchapter.

(Ord. 09-21, passed 7-27-09)

      (1)   For parcels less than one acre, all WECS towers must be mounted to the roof of a structure and shall not project more than 15 feet above the roof of the structure unless otherwise approved by the Planning Commission or Board of Zoning Appeals as outlined in division (A) in this section.

      (2)   For parcels between one and five acres in size, ground-mounted tower height shall be no greater than 65 feet. If mounted to the roof of a structure the tower shall not project more than 15 feet above the roof of the structure unless otherwise approved by the Planning Commission or Board of Zoning Appeals as outlined in division (A) in this section.

      (3)   For parcels greater than five acres, ground-mounted tower height shall be no greater than 120 feet. If mounted to the roof of a structure the tower shall not project more than 15 feet above the roof of the structure unless otherwise approved by the Planning Commission or Board of Zoning Appeals as outlined in division (A) in this section.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10)

   Solar panels, as defined in this section, shall be permitted, provided that the panels conform to the following provisions:

   (A)   General provisions for panels visible from street. Solar panels and related equipment mounted on roofs clearly visible from the street shall conform to the following:

      (1)   The collectors shall be generally mounted parallel with the roof pitch;

      (2)   The distance between the roof and the uppermost portion of the solar panels shall not exceed 18 inches; and

      (3)   Roof penetration shall be used to conceal supply/return heating/cooling water lines and/or electrical wiring from public visibility.

   (B)   General provisions for panels not visible from street. Solar panels and related equipment mounted on roofs not clearly visible from the street shall conform to the following:

      (1)   The collectors shall be generally mounted parallel with the roof pitch;

      (2)   The distance between the roof and uppermost portion of the collectors shall not exceed 24 inches; and

      (3)   Exposed supply/return heating/cooling lines shall be permitted provided:

         (a)   The covering insulation is colored to match that of the roof and wall surfaces to which they are attached; and

         (b)   Eave penetration is used for perpendicular descent of heating/cooling lines from the roof to the exterior building wall surfaces.

   (C)   General provisions for all panels.

      (1)   All mounting brackets and related structural supports extending more than three inches above the roof surface shall be covered in a manner architecturally compatible with the building to screen from public visibility and/or abutting properties.

      (2)   All solar equipment, except portions of the collectors that must be black or clear glass or plastic to allow light transmission or heat absorption, including mounting brackets and/or screening materials, shall match the abutting surface color.

      (3)   No portion of any roof-mounted solar equipment may extend above the ridge line or below the gutter line.

   (D)   Ground mounted panels. Ground-mounted panels shall conform to the following:

      (2)   Shall not exceed eight feet in height above the adjacent grade; and

      (3)   All related mechanical equipment, other than the actual photoelectric panels, shall be fully screened from the adjacent properties by fencing or a combination of evergreen and deciduous plantings.

   (E)   Permit required. An accessory structure permit must be approved by the Planning and Development Department prior to the installation of any solar panels or related equipment and must also meet the same setback requirements.

(Ord. 09-21, passed 7-27-09; Am. Ord. 20-16, passed 8-10-20)

   For the purpose of applying lot area requirements of this Zoning Code, one-half the width of any alley abutting the lot shall be considered as part of such lot.

(Ord. 09-21, passed 7-27-09)

      (1)   Detached garages may not be located nearer the front property line than the principal dwelling and shall not be located within the required side yard, as defined in the district in which the property is located. All other accessory structures shall be located completely to the rear of the principal structure. In no event shall any detached accessory structure be located nearer than ten feet from side and rear property lines. When access to a garage is from an alley, such garage shall be located not less than ten feet from an alley.

      (2)   In the case of a corner, double or multiple frontage lot, an accessory structure may be allowed in the yard opposite the front façade (i.e. main entrance) of the principal structure provided that said structure does not encroach into the required front or required side yard and is no closer to the front property line than the closest adjacent neighboring home. If the adjacent neighboring home to said structure is set back further than the required setback, the accessory structure may not extend closer to the front property line than the principal structure. This exception shall be applied at the discretion of the Planning and Zoning Department. See Figure 1.

   (D)   Building height regulations. A detached accessory building or structure shall not exceed 16 feet in height, as measured from the adjacent grade to the peak of the roof. See also § 158.003 Definitions - HEIGHT, ACCESSORY BUILDING.

      (1)   Residential districts.

         (a)   Within any residential district where the footprint of the principal structure is less than 1,200 square feet, the sum of the footprint of all accessory buildings shall not exceed 600 square feet.

         (b)   In the case where the footprint of the principal structure is greater than 1,200 square feet, the sum of the footprint of all accessory buildings shall not exceed 50% of the footprint of the principal structure, or 900 square feet, whichever is less.

            1.   Conditional uses in residential districts where the lot size is less than 20,000 square feet shall be permitted up to 600 square feet of accessory structure, unless approved by Planning Commission.

         (c)   In cases where the lot size is 20,000 square feet or greater, the sum of the footprint of all accessory buildings shall not exceed 50% of the footprint of the principal structure.

            1.   Conditional uses in residential districts where the lot size is 20,000 square feet or greater shall be permitted up to 900 square feet of accessory structure, unless approved by Planning Commission.

         (d)   Covered porches attached to the accessory structure shall count towards the maximum square footage allowed.

      (2)   Within any commercial district, including RO-1 districts being utilized as permitted in § 158.035, excluding I-1 and I-2 districts, there shall be no more than one accessory building, which shall not have a footprint greater than 100 square feet.

      (1)   The accessory structure and the principal structure are no more than 12 feet apart.

      (2)   The breezeway and the accessory structure are constructed of building materials and color consistent with the principal structure and shall be fully enclosed.

      (3)   The breezeway and the accessory structure are designed, in terms of height and roof pitch, consistent with the principal structure.

      (4)   If the structure does not meet the above criteria, it shall not be considered part of the principal structure, and must meet all setbacks and size requirements of accessory structures.

      (5)   Breezeways that are longer than 12 feet, or are not architecturally compatible with the principal structure, shall be considered an accessory structure, and will be counted toward maximum accessory structure square footage.

      (1)   Carports which are permanently affixed to the principal structure shall be located in the rear or side yards, but outside of the required rear or required side yards.

      (2)   Carports which are not permanently affixed to the principal structure shall be located in the rear yard only, and the square footage of such carport is to be considered as, and counted toward, allowed accessory structure square footage and shall be located on the property in accordance with this division.

      (3)   Carports must be constructed of a rigid material. Carports attached to the existing principal structure must be architecturally compatible with said principal structure.

   (H)   Propane tanks and/or backup generators. A maximum of two propane tanks and/or backup generators may be permitted within the side yards in any residential district. Said propane tanks/generators shall not exceed five feet in height and the capacity shall not exceed 24 gallons each. Said propane tanks/generators must be completely screened from view from both the adjacent roadway and from the adjoining property to the side. Screening may be accomplished through the use of either landscaping materials or fencing. One 48 gallon propane tank, not to exceed five feet in height, may be permitted in the side yard in lieu of two 24 gallon propane tanks. Said propane tank must be completely screened from view from both the adjacent roadway and from the adjoining property to the side. One vertical propane tank, as permitted by the Greene County Building Department, to be located immediately adjacent the principal structure, not to exceed five feet in height from the adjacent grade and a maximum of 42 inches in diameter, may be permitted in the side yard in lieu of two 24 gallon propane tanks or one 48 gallon propane tank. Said propane tank must be complete screened from view from both the adjacent roadways and from the adjoining properties. Propane tanks in greater volume than those authorized in side yards, up to 1,000 gallons shall only be permitted in the rear yard of any residential or commercial district and shall be placed outside the required side and rear yard setbacks for accessory structures. Said propane tanks must be completely screened from view from both the adjacent roadway (in the case of corner lots) and from the adjoining property to the side and rear. Screening may be accomplished through the use of either opaque evergreen landscaping materials or fencing. No lot shall contain more than a combined 1,000 gallons of propane tanks, nor more than two backup generators unless approved by the Board of Zoning Appeals.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 14-17, passed 8-25-14; Am. Ord. 17-10, passed 7-24-17; Am. Ord. 20-16, passed 8-10- 20; Am. Ord. 21-12, passed 7-12-21; Am. Ord. 23-19, passed 9-11-23)

      (3)   On double-frontage residential lots, fences exceeding 48 inches (but no more than six feet) in height may encroach a maximum of 20 feet into the defined setback of the required front yard that is situated between a major public roadway (such as an arterial or collector) and the rear elevation of the principal structure. Said fences shall have a gate installed so as to allow for the maintenance of grass and weeds. Fences exceeding 42 inches in height, within the required front yard to the rear of the principal structure, must be screened from the adjacent (but outside of the right-of-way) roadway, so long as the non-conforming fence is in place. Such screening shall be in the form of coniferous trees with a minimum height of six feet. The trees must be evenly spaced and planted parallel to the roadway at a ratio of 1 coniferous tree per 25 linear feet of adjacent road frontage, or yard thereof. Said trees cannot cause a line of sight hazard for motorists.

      (1)   Closer than 12 feet from the back of curb;

      (2)   Closer than 25 feet from the center line of streets without curbs and gutters;

      (3)   Within a public right-of-way; and/or

      (4)   Which interfere with visibility from driveways or at intersections.

         (a)   At street intersections, a sight distance triangle, which may include private property and public right-of-way, is created by measuring 30 feet from the intersection of the curb lines (or edge of pavement where there is not curb) and connecting the lines across the property. See diagram. The distances of which may be adjusted based upon the opinion of the City Engineer. Fences, walls and hedges within the sight distance triangle shall not exceed 36 inches

         (b)   At driveway intersections, a sight distance triangle, which may include private property and public right-of-way, is created by measuring from the intersection of the curb line (or edge of pavement where there is not curb) and driveway, 25 feet along the roadway and 20 feet along the driveway, and connecting the lines across the property. See diagram. The distances of which may be adjusted based upon the opinion of the City Engineer. Fences, walls and hedges within the sight distance triangle shall not exceed 36 inches.

      (1)    Approved fence materials shall consist of materials normally manufactured for, used as, and recognized as, fencing materials such as: metal tubing, wood planks, wrought iron or other decorative metals suitable for the construction of fences, masonry, concrete, stone, and vinyl or fiberglass composite manufactured specifically as fencing materials. Types of materials prohibited included, but are not limited to: shipping crates, pallets, tires, cardboard, asphalt shingles, corrugated metal, sheet metal, automobile parts, stacked building materials, salvaged/ scrap materials, discarded material or any other material not commonly recognized as fencing material.

      (1)   Chain link fencing, cyclone fencing, and similar appm1enances in the front yard.

       (2)    Fences constructed of non-traditional materials including but not limited to tires, pallets, gabion walls, etc.

      (3)   Electric fences, barbed wire fences, snow fences, corrugated metal fences, or other temporary fences, within residential districts.

      (4)   Mesh fencing, chicken wire fencing, and welded wire fencing, except for the use as backing of a split rail/Kentucky three or four board fence, within residential districts.

      (5)   Chain link over 60 inches in the rear or side yard, within residential districts (except for fencing surrounding tennis courts).

      (6)   Kentucky board fencing over 48 inches in the rear or side yard, within residential districts.

(Ord. 09-21, passed 7-27-09; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 15-23, passed 8-24-15; Am. Ord. 18-25, passed 11-26-18; Am. Ord. 20-16, passed 8-10-20; Am. Ord. 21-12, passed 7-12- 21; Am. Ord. 23-19, passed 9-11-23)

   (A)   Temporary conditional use approval required. The removal or extraction, storage and processing of soil, sand, gravel or stone from any lot shall only be conducted in accordance with the requirements of this section and is permitted only in those districts where such use is specifically listed as a conditional use. The temporary conditional use request may be denied or approved in appropriate cases after the filing of an application accompanied by an agreement secured by a bond, with the terms and amount of such agreement and bond acceptable to the city. Such agreement and bond shall assure that such removal will not result in poor drainage or leave the surface of the land, at the expiration of such permit, in an unstable condition, or unfit for the growing of turf or for other land uses permitted in the district in which such removal occurs.

   (B)   Extraction and processing of sand, gravel, stone, or subsoils. All mineral extraction and processing operations shall be in accordance with the following provisions:

      (1)   Extraction less than six feet in depth adjacent to residential districts. Extraction involving the removal of any material to a depth not exceeding six feet may be conducted up to 100 feet from a residential district, provided the operation is conducted over a temporary period not to exceed 12 months and operation of equipment is limited to the extraction process between the hours of 7:00 a.m. and 7:00 p.m. Temporary operational roads shall not be closer than 200 feet to a residential district.

      (2)   Setback from existing residential districts or uses. Extraction which exceeds six feet in depth and processing activities shall not be conducted closer than 500 feet from any residential district so zoned prior to the issuance of conditional use approval, nor closer than 200 feet from any structure used for human occupancy within any district.

      (3)   Setback from subsequently created residential districts. Permitted uses shall not be located closer than 500 feet from any residential district except in cases when residential districts are so zoned after the construction of the plant and in these cases no new building or structure to support the extraction and processing function may be located closer than 200 feet from any residential dwelling.

      (4)   Removal of unused buildings or structures. Buildings and structures for which no future use is contemplated and for which no other acceptable use is practicable or feasible shall be demolished and removed upon the expiration of conditional use approval.

      (5)   Required map for application. At the time of application for a temporary permit for extraction purposes the applicant shall file with the Planning Commission a detailed map drawn in standard engineering scale at one inch equals 200 feet, which clearly shows areas to be excavated and the location of adjacent properties, roads, and natural features.

      (6)   Erosion control plan required. The applicant shall submit an erosion control plan. Such plan shall comply with the requirements of the Runoff Control and Sediment Abatement Ordinance.

      (7)   Information on water table required. The applicant shall submit information on the anticipated depth of excavations and on the depth of and the probable effect on the existing water table. The operator shall provide proof that the source of community water supply shall not be adversely affected due to lowering the water table or contaminating the supply before the conditional use approval is granted. If the processing function causes the water table to drop and prevents an adequate supply of water to the homes in the area or causes existing wells to become contaminated, the owner and/or the operator of the extraction process shall be responsible for the cost of drilling new wells or for providing a source of water to the homes deprived of water.

      (8)   Restoration plan required. The applicant shall also file with the Planning Commission a detailed plan drawn in standard engineering scale at one inch equals 200 feet, for the restoration of the areas to be excavated which includes the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet. The following shall apply and be incorporated in the restoration plan:

         (a)   All earthen banks shall be left with a slope no greater than two feet horizontal to one foot vertical, all rock banks may be left at a one to one slope.

         (b)   The type and number per acre of trees, the type of ground cover to be planted, and the growing medium shall be determined in consultation with the Planning and Zoning Department.

         (c)   The location of future roads, drives, drainage courses, or other improvements or changes contemplated shall be shown as determined in consultation with the City Engineer and approved by the Planning and Zoning Department.

         (d)   The applicant and/or operator shall be required to restore areas within 500 feet of a residential district within a period of one year from the date of completion of the extraction operations.

      (9)   Bond required for restoration plan. The operator is required to file a bond in such form and with such surety as may be acceptable to the city, payable to the city and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The bond amount shall be determined by the type and extent of restoration required, excluding that portion already required and bonded by the state. The bond shall be released upon written certification of the Planning and Zoning Department that the restoration is complete and in compliance with the restoration plan.

   (C)   Removal or excavation of topsoil. Removal or excavation of topsoil to a depth of not more than three feet shall be permitted as a conditional use only in those districts where such conditional use is specifically permitted and shall be in accordance with the following provisions:

      (2)   Accessory buildings or structures. Accessory buildings and structures shall not be constructed within 500 feet of any residential district or any structure used for human occupancy within any other district.

      (3)   Required map for application. At the time of application to the Planning Commission for temporary conditional use approval for removal of topsoil, the applicant shall submit a detailed map drawn in standard engineering scale at one inch equals 200 feet, which clearly shows areas where topsoil will be removed, the location of adjacent properties, roads, and natural features.

      (4)   Erosion control plan required. The applicant shall submit an erosion control plan. Such plan shall comply with the requirements of the Runoff Control and Sediment Abatement Ordinance.

      (5)   Information on water table required. Information on the anticipated depth of excavations and on depth and probable effect on the existing water table shall be submitted as part of the conditional use application. The applicant shall provide proof that the water table will not be affected, due to lowering the water table or contaminating the supply before permission for removal of topsoil is given. If the removal of topsoil causes the water table to drop and prevents an adequate supply of water to the homes in the area or if existing wells are contaminated the owner and/or operator of the removal operation shall be responsible for the cost of drilling new wells or for providing a source of water to the homes deprived of safe drinking water.

      (6)   Restoration plan required. The applicant shall also file with the Planning Commission, a detailed plan drawn in standard engineering scale at 1 inch equals 200 feet, for the restoration of areas where topsoil will be removed. The plan will include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater intervals than five feet. The following shall apply and be incorporated in the restoration plan:

         (a)   If ponds of water are created by the removal of the topsoil, the plan shall show how the water will be drained off to the nearest stream.

         (b)   All earthen banks shall be left with a slope no greater than two feet horizontal to one foot vertical. All rock banks may be left one to one slope.

         (c)   The type and number per acre of trees, the type of ground cover to be planted, and the growing medium shall be determined in consultation with the City Engineer and approved by the Planning and Zoning Department.

      (7)   Time period for restoration. The applicant and/or operator shall be required to restore areas within 100 feet of a residential district within a period of one year from the date of completion of the extraction operations.

      (8)   Bond required for restoration plan. The operator is required to file a bond in such form and with such surety as may be acceptable to the city, payable to the city and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The bond amount shall be determined by the type and extent of restoration required, excluding that portion already required and bonded by the state. The bond shall be released upon written certification of the Planning and Zoning Department that the restoration is complete and in compliance with the restoration plan.

(Ord. 09-21, passed 7-27-09)

   Essential services shall be allowed in any district insofar as permitted, authorized or regulated by law or other ordinance.

(Ord. 09-21, passed 7-27-09)

   No land, building or structure in any district shall be used or occupied in any manner so as to negatively affect the health, safety and welfare of the citizens of the city.

(Ord. 09-21, passed 7-27-09)

   Every use shall be operated in accordance with the following provisions:

   (A)   Flammable or explosive substances. No highly flammable or explosive liquids, solids or gasses shall be stored in bulk above ground, except in an industrial district. In an industrial district, storage of such materials shall be prohibited within 1,000 feet of a residential district. Tanks or drums of fuel directly connected with heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision. In addition fuel products stored for use on farms are excluded from the provision.

   (B)   Screening required. All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence, wall or planting to conceal such facilities from adjacent residential districts or uses. Tanks or drums of fuel directly connected with heating devices or appliances located on the same lot as the heating devices are excluded from this provision. Screening shall be provided per § 158.135 Landscaping, Screening and Buffering.

   (D)   Closed containers required. All materials or wastes which might cause fumes, dust or which constitute a fire hazard or which may be edible or attractive to rodents or insects must be stored only in closed containers constructed of impervious material.

   (E)   Discharge of wastes. No discharge at any point into any public sewer, private storage disposal system or stream or into or onto the ground of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements shall be permitted. All nonresidential sewer customers shall be in conformance with the requirements of the local Publicly Owned Treatment Works Pretreatment Program.

   (F)   Burial or disposal of wastes. At no time shall private or public property be used for the disposal by abandonment, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, toxic waste and/or nontoxic wastes of any kind.

(Ord. 09-21, passed 7-27-09)

   (A)   Projection into required yard. Chimneys, flues, sills, pilasters, cornices, eaves, gutters, down spouts, windows, and other similar features may project into a required yard a maximum of 24 inches.

(Ord. 09-21, passed 7-27-09; Am. Ord. 12-02, passed 2-13-12)

   (A)   Non-occupied appurtenances. The height limitations contained in the specific schedule of district regulations do not apply to spires, belfries, cupolas, antennae, water tanks, ventilators, chimneys or other appurtenances, excluding wireless telecommunication and WECS facilities, and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport. Exceptions to height limitations shall not exceed 90 feet, unless approved by the Board of Zoning Appeals, or as further provided elsewhere in this code.

   (B)   Ham or amateur radio towers. Towers located on parcels less than five acres in total area shall not exceed 65 feet in height, whether ground mounted or mounted to a residential structure. On parcels five acres or larger in total area, said Ham radio towers shall not exceed 90 feet in height, whether ground mounted or mounted to a residential or accessory structure.

      (1)   Any guy wire anchor supporting the tower must be located on the same property as the tower. The anchor must be set back a minimum of ten feet from any property line, and shall not be located in the front yard.

      (2)   The horizontal antenna, typically on the top of the tower, must be set back a minimum of ten feet from any property line.

(Ord. 09-21, passed 7-27-09)

   In any district, subject to the conditions stated below, the Planning and Zoning Department may issue a permit for the following temporary uses:

   (A)   Construction.  

      (1)   Temporary building or yard for the development of commercial or residential properties used as a construction office, or storage of material or equipment, provided such use is adjacent to the construction site and removed when construction is completed. Each permit shall be valid for six months and may be renewed if construction is underway and shall be removed when construction is completed or discontinued for more than 30 days, and shall not contain signage.

      (2)   Location subject to Planning and Zoning Department approval. Temporary building and yard location shall be subject to such conditions and safeguards as the Planning and Zoning Department may deem necessary to preserve the character of the surrounding area.

   (B)   Real estate sales. Temporary office incidental and necessary to real estate sales and rentals. Each permit shall be valid for one year and may be renewed for one additional year if conditions warrant such renewal.

   (C)   Gatherings under canvas or in open. Included in these regulations are religious services, show meetings, exhibitions, bazaars, carnivals, festivals or circuses. If such events are to be located within 400 feet of any residential area, no permit will be issued unless there is first filed with the Planning and Zoning Department the written consent of the owners of at least 60% of all residentially used property within 400 feet from the place of such meeting. The permit shall indicate the specific use and extent of time covered by the permit. Exception. Tents or awnings used for a period of five days or less are not required to obtain a permit.

   (D)   Temporary storage units. Temporary storage units for a homeowner, business or other entity may be placed on a paved driveway or parking lot as follows:

      (1)   For properties located in residential and agricultural districts, a maximum of one temporary storage unit shall be permitted at any given time for each parcel, for a maximum of 30 consecutive days, not to exceed 60 days per calendar year.

      (2)   For properties located in commercial and industrial districts, a maximum of one temporary storage unit at a given time for each store or tenant, for a maximum of 45 consecutive days, not to exceed 90 days per calendar year. No person or entity shall obtain more than two such permits in any calendar year.

(Ord. 09-21, passed 7-27-09)

   On the same premises with every building or structure or part thereof, erected and occupied for commerce, industry, public assembly or other uses involving the receipt or distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets or alleys in conformance with the following:

   (A)   General provisions.

      (1)   Screening. Whenever a loading dock is located adjacent to or across a street or alley from a residential district it shall be effectively screened on all sides which adjoin or face any property used or zoned for residential purposes, by an acceptably designed wall, fence and/or planting and mounding screen, the design of which shall be reviewed and approved by the Planning and Zoning Department prior to the release of the zoning permit. Any fence or wall shall be not less than four feet nor more than eight feet in height and shall be maintained in good condition. If landscaping is used, the materials must be evergreen (coniferous), so as to provide year-round screening. The space between such fence, wall or planting screen and the parcel line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition. Required landscaping and screening shall be subject to the provisions set forth in § 158.135, Landscaping, Screening and Buffering.

      (2)   Entrances and exits. Off-street loading spaces shall be provided with entrances and exits not less than 12 feet in width and so located as to minimize traffic congestion.

      (3)   Dimensions. Each off-street loading space shall be not less than 12 feet in width, 50 feet in length and 15-foot height clearance, exclusive of access drives.

      (4)   Projection into yards. Off-street loading space may only be located in any side or rear yard space, and shall not occupy any front yard.

 

 

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10)

   (A)   Establishment of standards. It is in the interest of the public health, safety and welfare of the City of Beavercreek to minimize the vehicle-related impacts of development, both on and off site, and to design off-street parking areas in such a manner consistent with good engineering and site design practices. Therefore it is necessary to establish standards regulating off-street parking. Off-street parking and loading are necessary for the public safety and convenience and for the economic viability of the residential and business community within the city. Every land use shall be provided with off-street parking to accommodate motor vehicles of residents, employees, visitors or customers of a land use at the time any building is erected or modified, or at the time that any land use is extended or changed.

   (B)   Off-street parking required.  

      (1)   No building shall be erected or altered unless adequate off-street parking space or spaces together with means of ingress or egress for the needs of tenants, personnel and patrons are provided.

      (2)   No Certificate of Use Compliance shall be issued for any new or altered building, until adequate parking is provided for the proposed use, at the discretion of the Planning Director, or his or her designee.

   (C)   Parking plan required. A parking plan shall be submitted with any application involving the construction, expansion, or elimination of any off-street parking space. All parking plans shall be subject to review by the Planning and Zoning Department prior to approval of such applications. Parking plans shall show, as necessary, the following:

      (1)   Boundaries of the property;

      (2)   Parking, loading, and/or drive-through spaces;

      (3)   Access driveways and circulation pattern;

      (4)   All structures on the premises;

      (5)   Drainage facilities;

      (6)   Landscaping and screening shall be as specified in § 158.135;

      (7)   Storm drainage, utility and/or access easements;

      (8)   On-site water supply and wastewater disposal system;

      (9)   Fire lanes and access points; and

      (10)   Any other information necessary to determine compliance with this section.

   (D)   Minimum parking space and driveway aisle dimensions. The following minimum dimensions shall apply to all parking spaces and driveway aisles approved by the city after the effective date of this section as amended:

         (a)   In an effort to accommodate our aging population, the number of off-street handicap parking spaces required shall be the minimum required in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) plus additional off-street spaces for rehabilitation facilities that specialize in treating mobility-related conditions, outpatient physical therapy facilities, and facilities intended for habitation/use of an elderly population (such as assisted living facilities, nursing homes and senior residential facilities)as described in the chart below:

 

      (2)   Standard width and length. Parking spaces for retail or similar stores where packages are customarily placed in cars and parking spaces located adjacent to building areas and characterized by short duration and high turnover shall not be less than ten feet in width and 20 feet in length, to be measured from center of the line which designates the parking space.

      (3)   Reduced width permitted. Parking spaces for employees and spaces located at a distance of at least 200 feet from the front of the building and characterized by medium-to-low use may have a minimum width of nine feet and a minimum length of 20 feet, to be measured from the center of the line which designates the parking space.

      (4)   Overhang permitted. Any parking space adjoining a landscaped area of the parking lot may include a two-foot overhang into the landscaped area as part of the required 20-foot length, provided curbing is used.

      (5)   Driveway aisles. Driveway aisles shall have the following dimensions, at a minimum:

 

 

   (E)   Reduction or change in existing parking area. Any area once designated as required off-street parking shall never be changed to any other use unless and until equal facilities are provided elsewhere. Off-street parking existing at the effective date of this section in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or new use.

   (F)   Special provisions for collective and off-site parking areas. The following special provisions shall be applicable to all collective and off-site parking areas serving nonresidential uses:

      (1)   The total requirement for off-site parking facilities for properties containing a mixture of different uses or for parking areas shared by two or more buildings shall be the sum of the requirements for the various uses computed separately.

      (2)   The Planning and Zoning Department may authorize a reduction in the total number of required parking spaces for two or more nonresidential uses jointly providing off-site parking when their respective hours of operation do not normally overlap. Reduction of joint use parking shall be subject to the following conditions:

         (a)   No more than 50% of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use.

         (b)   The applicant shall submit data to indicate that there are no substantial conflicts in the principal operating hours of the uses proposed, to make joint use of the parking facilities.

         (c)   The property owner(s) involved in the joint use of off-site parking facilities shall submit a legal agreement approved by the City Law Director guaranteeing the parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provide elsewhere in accordance with the provisions in this section. Such instrument shall be recorded by the property owner in the office if the Greene County Auditor and a copy filed with the city.

   (G)   Other uses within required parking areas. No motor vehicle repair work or service, shall be permitted in or associated with any off-street parking area, except for emergency repairs, occasional auto washing, and minor routine maintenance of vehicles owned by the occupant of the premises. Display, sales, or storage of any merchandise within any required parking area shall not be permitted unless otherwise specifically provided within this Zoning Code. Display of vehicles for sale in conjunction with the operation of an automobile or truck sales facility is permitted, provided sufficient off-street parking for such use is provided per § 158.114 (S)(7).

   (H)   Access to public or private streets. All parking lots shall be designed in such manner that any vehicle entering or exiting the parking lot via a public or private street shall be traveling in a forward motion. Access roads or driveways for parking areas shall be located in such a way that any vehicle entering or leaving such lot shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access road or driveway from a public or private street. Access roads shall have a minimum width as specified in the City of Beavercreek Subdivision Regulations or City of Beavercreek Construction Standards. Parking areas having more than one access road shall have directional signs or markings in each aisle or driveway. City Council, Planning Commission or the Board of Zoning Appeals may require the owner to provide acceleration and/or deceleration lanes where traffic volumes indicate the need.

   (I)   Curb required for interior access lanes. All access lanes within a parking lot that serve two or more driveway aisles shall have a barrier curb meeting the City of Beavercreek Construction Standards and City of Beavercreek Subdivision Regulations.

   (J)   Required surfacing. All parking lots shall be constructed of a minimum four-inch compacted stone base and covered with at least one and one-half inches of asphaltic concrete or some other comparable all-weather dustless material approved by the Planning and Zoning Department.

   (K)   Marking required. All parking spaces and driveway aisles shall be marked with all-weather paint. White paint shall be used to mark the edges of parking stalls, and yellow paint shall be used to mark the centerline of any drive aisle. Such markings shall be maintained in a clearly visible condition and be in accordance with the approved parking plan.

   (L)   Permanent perimeter and landscape barriers required. Concrete barrier curb, meeting the City of Beavercreek Construction Standards, shall be provided for all boundaries of the parking lot and landscaped areas within the lot itself, to prevent encroachment of vehicles into non-parking or landscaped areas. Extruded curb shall not be permitted within the city.

   (M)   Exterior lighting. Lighting in parking areas shall comply with § 158.136, Standards for Exterior Lighting.

   (N)   Drainage. All parking areas shall provide for drainage of surface water in accordance with the Runoff Control and Sediment Abatement Ordinance. Parking spaces may be located within drainage easements subject to approval by the Planning and Zoning Department.

   (O)   Landscaping and screening. See § 158.135, Landscaping, Screening and Buffering.

   (P)   Sidewalk overhang. Where a parking space abuts a sidewalk or walkway, a minimum of four feet of clear walking space shall be maintained for pedestrians. Such four feet of clear walking space shall be provided by either constructing a six-foot sidewalk, or constructing a four-foot sidewalk and installing parking or bumper blocks in all parking spaces abutting the sidewalk.

   (Q)   Maintenance of off-street parking areas. All off-street parking areas shall be well maintained, free of potholes, broken curb, debris and weeds, clearly striped, and with all lighting in working condition, pursuant to the provisions of the sections within this chapter and of the City of Beavercreek's Property Maintenance Code.

   (R)   Reduction of nonresidential parking requirements. In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of nonresidential uses, a conditional reduction of required parking may be permitted. The authority to grant this reduction rests with the City Council and/or Planning Commission.

   (S)   Number of parking spaces required. The following minimum number of parking spaces shall be provided on the same lot as the use or building they are intended to serve, or may be provided on adjacent lots subject to other provisions of this section. City Council and/or Planning Commission may grant a reduced number of parking spaces, if, in the opinion of the City Council and/or Planning Commission, such reduction is in the best interest of the city.

      (1)    For the purposes of this section, employees on the largest shift means the maximum number of employees which could be employed at a facility during a given shift, regardless of the time period during which this occurs and regardless of whether any such person is a full-time or part-time employee, including a reasonable estimate for the overlap of employees between shifts.

      (2)   When determination of the number of off-street parking spaces required by this section results in a fractional space, a fraction of less than one-half may be disregarded, while a fraction of equal to or greater than one-half shall be counted as one parking space.

      (3)    As permitted within the definition of floor area for the purpose of computing parking requirements, floor area shall be that area for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, stairway and elevator shafts, or for utilities or sanitary facilities, shall be excluded from this computation. Measurements of useable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

      (4)   Residential and institutional.

 

      (5)   Schools and Places of Religious Assembly.

 

 

      (6)   Recreational.

 

 

      (7)   Commercial.

 

 

 

      (8)   Office.

 

 

      (9)   Industrial.

 

 

      (10)   Uses not specifically mentioned. The requirements for off-street parking facilities shall be in accord with a use which City Council, Planning Commission or the Board of Zoning Appeals considers as being similar in type.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 17-10, passed 7-24-17; Am. Ord. 20-16, passed 8-10-20; Am. Ord. 23-19, passed 9-11- 23)

   (A)   Intent. Unless regulated, second-hand drop-off containers are a site for the accumulation of junk, rags, and other articles within and outside the container and unless regulated, second-hand drop-off containers and the accumulation of articles outside the container may impede pedestrian and vehicular traffic.

   (B)   General provisions. Any receptacle or box used to collect second-hand articles shall conform to the following provisions:

      (1)   There shall be a maximum of eight approved containers permitted in the City of Beavercreek at any given time.

      (2)   The Planning and Zoning Department shall approve all such containers and the applicant shall provide all requested information in order for approval to be considered.

      (3)   No articles shall be permitted to accumulate outside of the container.

      (4)   The container must not block any public road or sidewalk.

      (5)   The container must not block an access way, drive-aisle, and/or required parking spaces. The Planning and Zoning Department shall determine the required number of parking spaces.

      (6)   No flammable or hazardous materials or perishable items shall be placed or kept in containers.

      (7)   The container must not impede motorists' line-of-sight and must be located near the front façade of the building away from the street.

      (8)   The container shall be no larger than 150 cubic feet.

      (9)   The container shall be anchored to the ground or designed in such a manner that movement cannot easily occur.

      (10)   The container and the immediate surrounding area shall be kept clean and free from trash and debris, and must be emptied on a regular schedule to prevent overflow.

      (11)   The container must be kept free of rust.

      (12)   The container shall be equipped with a lid and/or door that will automatically close after the articles are deposited.

      (13)   The owner of the container shall be identified on the container along with applicable contact information, a pick-up schedule and a list of items to be collected.

      (14)   Containers must be located at least 2500 feet apart throughout the city.

      (15)   An accessory structure permit is required to be reviewed and approved by the Planning and Zoning Department prior to the placement of any container within the city.

(Ord. 09-21, passed 7-27-09)

   A residence may not be converted to accommodate an increased number of dwelling units unless:

   (A)   Appropriate zoning requirement. The district is zoned for two-family or multi-family use as applicable.

   (B)   Appropriate yard dimension requirement. The yard dimensions still meet the yard dimensions required by new structures in that district.

   (C)   Appropriate lot area requirement. The lot area per family equals the lot area requirements for new structures in that district.

   (D)   Appropriate floor area requirement. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.

   (E)   General compliance requirement. The conversion is in compliance with all other relevant codes and ordinances.

(Ord. 09-21, passed 7-27-09)

   Any residential construction utilizing wells and/or septic tanks shall be situated on a lot having a minimum area not less than one acre. The Greene County Combined Health District may require a larger minimum lot size for sanitary purposes.

(Ord. 09-21, passed 7-27-09)

      (1)   The overnight parking or storage outside a fully enclosed building of any commercial vehicle is prohibited within any residentially zoned districts or on any lot used for residential purposes. Commercial vehicles include step up vans, heavy trucks, semi trailers, truck tractors, tractor trailers, moving vans, delivery trucks, box trucks, dump trucks, tow trucks, wreckers, buses, school buses, cranes, draglines, earthmovers, bulldozers, backhoes, trenchers or similar vehicles. The term also applies to any commercial vehicles which are used or licensed as a recreational vehicle and any vehicles used as a platform to hoist cranes, compressors, tank(s), ladder trucks, or similar equipments or as a means of transporting or storing a commercial vehicle. The overnight parking or storage of heavy trucks, semi-trailers, truck tractors, tractor trailers or similar vehicles is prohibited within any commercially zoned district or on any lot used for commercial purposes, except in areas designated and provided for standing, loading and unloading services, as defined in § 158.113, Off-Street Loading Regulations.

      (2)   The overnight parking outside of a fully enclosed building of any commercial vehicle within any commercial district is prohibited, with the exception of vehicles owned by the business and vehicles making scheduled deliveries to the commercial property.

      (1)   No recreational vehicle shall be used for living or sleeping when parked or stored on a residential lot.

      (2)    No more than two recreational vehicles are permitted to be located on a lot outside of a fully enclosed building.

      (3)   Recreational vehicles parked or stored shall not be connected to any utilities other than for maintenance purposes.

      (4)   Excluding the use of existing gravel driveways grandfathered in, as described in (D)(2), all recreational vehicles, visiting or otherwise, shall be wholly parked in a parking area or driveway of Portland cement concrete, bituminous/asphalt concrete or continuous brick paver surface and in a manner so as to not obstruct the view of traffic.

      (1)   (a)   No person shall park or leave unattended, or cause to leave parked or unattended, any vehicle wholly or partially within any yard of any residential or commercial property unless such vehicle is wholly within a driveway or parking area.

         (b)   Vehicles parked wholly in the public right-of-way must not have more than half the number of vehicle tires placed on the grass, not rutting or damaging the grassed portion of the right-of-way, and be in compliance with Chapter 76 and § 70.11 of the Beavercreek Code of Ordinances.

      (2)   Driveways and/or parking areas must be constructed of an improved surface and shall be maintained in a good state of repair. New residential structures must have the driveway paved within six months o freceiving a certificate of occupancy by the Greene County Building Department. All driveways and/or parking areas must be constructed by using standard engineering practices for the purposes of accommodating vehicular parking, ingress and egress to the property. Existing driveways and/or parking areas of gravel or similar materials constructed prior to July 25, 2005 may be maintained as a gravel driveway so long as the area of the driveway and/or parking area is not expanded. If any part of the driveway and/or parking area is expanded, the full driveway and/or parking area shall be constructed of an improved surface and shall be maintained in a good state of repair.

      (3)   Driveways or combination of driveways and parking areas shall not occupy over 35% of the total front yard, as defined in § 158.003, Definitions.

      (4)   In the event that frequent trips through any yard created an unpaved driveway, evidenced by the creation of a drive path, the activity must cease and the lawn repaired, or said area must be paved in compliance with this section.

      (5)   This section does not apply during times of emergency due to acts of nature, as determined by the City Manager; to accommodate vehicles of persons visiting a home for not more than 72 hours; during the time that a resident is moving in or out of a residence.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 20-16, passed 8-10-20; Am. Ord. 21-12, passed 7-12-21; Am. Ord. 23-19, passed 9-11- 23)

      Vehicle gasoline pumps

      Drive-in banks

      Drive-thru and Restaurants' drive-thru lanes

      Drive-in retail outlets

      Drive-in service and repair drop stations for such items as clothing, appliances, equipment, and the like

      Automatic auto washes

(Ord. 09-21, passed 7-27-09; Am. Ord. 21-12, passed 7-12-21)

   Any lot used for parking, storage or display of vehicles for sale or rent, including boats, trailers, recreational vehicles or trucks, where such use is permitted to come within three feet of any property line separating the lot from any property held by any other ownership including public land, shall be protected from encroachment by the installation of wheel stops, bumper guards or fencing so placed and erected as to prevent vehicles from projecting over the lines except at approved points of ingress and egress.

(Ord. 09-21, passed 7-27-09)

      (1)   The pool is intended and is to be used solely for the enjoyment of the occupants of the property on which it is located and their guests.

      (2)   It may not be located closer than ten feet to any property line including decking (excluding a concrete/paver patio/apron for an in-ground pool, which may go up to the property line).

      (3)   Except as provided in § 158.121(A)(5), the swimming pool shall be walled by a brick or solid block wall or permanently fenced to prevent uncontrolled access by children from the street or from adjacent properties. Any fence or solid wall shall be at least five feet in height and can be no greater than six feet in height and maintained in good condition with a gate and a lock which shall be engaged at any time of inactivity.

         (a)   On lots at least 10,000 square feet in size, the required fence need not be taller than 42 inches, so long as the pool is equipped with an automated cover capable of being locked and having a load capacity at least equal to that set forth in the "Standard performance specification for safety covers and labeling requirements for all covers for swimming pools, spas and hot tubs" published by the American Society for Testing and Materials (ASTM) International and designated as F 1346-91, or as modified which standard is incorporated herein by reference as if fully rewritten.

         (b)   On lots one acre or larger, there is no requirement for fencing, so long as the pool is at least 50 feet from the rear and side property lines, and is equipped with an automated cover capable of being locked and having a load capacity at least equal to that set forth in the "Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs" published by the ASTM International and designated as F 1346-91, or as modified which standard is incorporated herein by reference as if fully rewritten.

         (c)   Pool covers referenced in 3(a) and 3(b) must be kept locked when the pool is not in actual use or when it is unattended.

      (4)   Swimming pools shall not be located in any front yard except on double or triple frontage lots, excluding corner lots, where pools shall be permitted to the rear of the principal structure, outside of the required front yard. See Figure 1 from § 158.104 (B).

      (5)   Above ground pools.

         (a)   The top rim of an above ground pool, top of railing, or a deck surrounding the pool shall be no less than five feet above the highest point of the adjacent grade.

         (b)   The stairs leading up to the deck and pool shall be secured by a locked gate. Said gate shall be no less than five feet in height to the top of the gate, and shall have swing out/swing up stairs that shall be secured within the locked gate or removed and secured away from the pool, in a manner so as to prevent the use of the stairs whenever the pool is not being used.

         (c)   Where the principal access point to the above-ground pool is from an abutting deck that is attached to or is immediately adjacent to the principal dwelling unit, there shall be a minimum five-foot high solid fence barrier as measured from the adjacent grade that shall completely enclose the entire deck and pool in order to prevent access to the deck and pool from the adjacent yard except through a gate located in the five-foot high fence. Said five-foot high fence must also enclose any secondary access points from the yard to the deck as well as the pool by connecting said fence to the house.

      (6)   Approved pools shall not be filled with water until the required fence, deck or railing is installed in accordance with this chapter.

      (1)   The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated;

      (2)   The swimming pool and all of the areas used by bathers shall be walled or fenced to prevent uncontrolled access by children from the streets or adjacent properties. The fence or wall shall not be less than six feet in height and maintained in good condition with a lock and gate, which shall be engaged any time of inactivity.

      (3)   If the property upon which the pool is located is used for any other purpose other than open green space, and the property is adjacent to residential property, the owners of the property shall install and maintain screening as defined in § 158.135, Landscaping, Screening and Buffering.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 14-17, passed 8-25-14; Am. Ord. 15-23, passed 8-24-15; Am. Ord. 21-12, passed 7-12-21)

   (A)   Live sex act businesses are prohibited.

         (a)   The right to enter the business premises or any portion thereof;

         (b)   The right to remain on the business premises or any portion thereof;

         (c)   The right to purchase any item permitting the right to enter, or remain on, the business premises or any portion thereof; or

         (d)   The right to a membership permitting the right to enter, or remain on, the business premises or any portion thereof,

   (C)   It shall be unlawful for any person to operate and maintain a live sex act business.

   (D)   Operation of a live sex act business is a public nuisance per se.

   (E)   The Law Director, in the name of the City of Beavercreek, may apply to the Greene County Court of Common Pleas for an order permitting the city to abate violations of this section.

(Ord. 21-12, passed 7-12-21; Am. Ord. 21-13, passed 7-12-21)

      (1)   Beehives shall not be permitted on lots less than 7,500 square feet. No more than four hives shall be kept on lots between 7,500 and 15,000 square feet. Additional hives may be added on lots greater than 15,000 square feet, at the rate of one additional hive per 5,000 square feet. On larger lots, so long as all hives are situated at least 200 feet from any property line, there shall be no maximum number of hives.

      (2)   Hives shall not be located within 20 feet of any property line and must be located in the rear yard. Where a hive is situated within 50 feet of a property line, the beekeeper shall establish and maintain a flyway barrier, which must be six feet in height from adjacent grade, consisting of a solid wall, privacy fence, or dense shrubs, that is parallel to the property line so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the hive. Hives that are situated ten feet or more above the grade of the nearest property line is exempted from the required flyway. All hives shall be situated on the property so the front of the hive faces away from the nearest adjacent property.

   (3)   The owner/operator of the hive(s) must be a resident in a dwelling located on the same lot on which the hive(s) are registered and operated.

      (1)   Colonies shall be maintained in movable frame hives;

      (2)   Adequate space shall be maintained in the hive to prevent overcrowding and swarming;

      (3)   Colonies shall be re-queened following any swarming or aggressive behavior. No Africanized bees shall be intentionally introduced into the hives. Should Africanized bees be found dwelling in any hive, the owner/operator shall take immediate action to eradicate the Africanized bees as swiftly as possible.

      (4)   A convenient source of water shall be made available to the bees at all times and shall be located within 15 feet of all hives on the property. This will reduce their dependence on other water sources where they may interfere or have unnecessary contact with humans, birds or domestic pets.

(Ord. 09-21, passed 7-27-09; Am. Ord. 12-15, passed 8-13-12)

   (A)   Intent. Within the districts established by this section or amendments that may later be adopted there exist lots, structures, and uses of land and structures which were lawful before this section was passed but which would be prohibited, regulated, or restricted under the terms of this section for future amendment. It is the intent of this section to permit these nonconformities to continue until they are removed, but not to encourage their continuance. Such uses are declared by this section to be incompatible with permitted uses in the districts involved. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district except upon application to the Board of Zoning Appeals for approval of specific plans. Expansions of existing nonconforming uses, where allowed by the Board of Zoning Appeals, may be made only on property owned by the applicant as of the effective date of this section. A nonconforming use of a structure, nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this section by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. To avoid undue hardship, nothing in this section shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this section and upon which actual building construction has been diligently carried out. Actual start of construction is hereby defined as either the first placement or permanent construction of a structure on a site, such as the pouring of slab footings or the installation of piles. The following shall not be construed as or be interpreted as constituting the actual start of construction: land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; the excavation for a basement, footings, piers, foundations or the erection of temporary forms; the installation upon the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of a principal structure.

      (1)   Where the use of land involves a processing operation the operation may be continued in the entire area utilized thereby. Modifications in processing operations by rearrangement of facilities or changes in methods shall be considered as part of such use.

      (2)   If any such nonconforming use of land is voluntarily discontinued or abandoned for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this section for the district in which such land is located; and

      (3)   No additional structure not conforming to the requirements of this section shall be erected in connection with such nonconforming use of land.

      (1)   No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

         (a)   If the cause of the nonconformity of a principal residential structure is that it is located within a required setback, an addition to the principal structure may be constructed with a setback the same as or greater than the existing nonconforming principal structure, but may not be located any closer to the corresponding lot line than the existing nonconforming principal structure.

      (2)   Should such nonconforming structure or nonconforming portion of structure be destroyed by any means, other than a natural disaster, criminal behavior of someone other than the owner, or unintentional fire, to an extent of more than 60% of the structure is destroyed, it shall not be reconstructed except in conformity with the provisions of this section (see § 158.172(H)(5)). Existing nonconforming foundations, so long as they are deemed safe, may be reused for the purposes of reconstruction, but may not be moved, expanded, or altered in such a way that increases the nonconformity. This section does not apply to any existing nonconforming foundations located within a special flood hazard area, which shall not be continued if more than 50% of the structure is destroyed.

      (3)   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

      (1)   No existing structure devoted to a use not permitted by this section or amendment in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, except as provided in § 158.172(H)(4).

      (2)   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of enactment of this section or amendment, but no such use shall be extended to occupy any land outside such building;

      (3)   If no structural alterations are made, any nonconforming use of a structure or structure and premises may, upon submission of an application as a conditional use in accordance with § 158.171(C), be changed to another nonconforming use provided that the Planning Commission finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Planning Commission may require appropriate conditions and safeguards in accord with other provisions of this section;

      (4)   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

      (5)   When a nonconforming use of a structure or structure and premises in combination is voluntarily discontinued or abandoned for a period of more than one year (except when government action impedes access to the premises) the structure or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

      (6)   When nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

   (F)   Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 15-23, passed 8-24-15; Am. Ord. 21-12, passed 7-12-21; Am. Ord. 23-19, passed 9-11- 23)

   Pursuant to the City of Beavercreek’s authority in accordance with R.C. § 3796.29, upon the passage of this section, medical marijuana cultivation, testing facilities, processing facilities, and/or dispensaries shall not be permitted within the city in any zoning district. Any medical marijuana uses permitted by the City of Beavercreek prior to the passage of this section shall operate in accordance with state and local law. If a medical marijuana use which was permitted by the City of Beavercreek prior to the passage of this section seeks to transfer to another location within the city, the transfer shall only be allowed to the B-3 or B-4 zoning districts and shall satisfy all requirements under state law.

(Ord. 17-10, passed 7-24-17; Am. Ord. 18-25, passed 11-26-18)

   (A)   License required. The nursery school/day care center shall secure a valid license from the Ohio Department of Human Services to operate such facility in the city.

   (B)   Required outdoor play space. The site shall have an outdoor play space which is located behind the required front yard setback, enclosed by a fence or wall a minimum of 42 inches high, and possess a minimum of 60 square feet for each child expected to use the play space at any one time.

   (C)   Screening of play space. Any part of the play space abutting an existing residential district or a parking lot shall be screened by a hedge or other screening at least four feet in height acceptable to the Planning Commission and/or City Council. Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering.

   (D)   Agricultural and residential district locations. Nursery schools and day care centers within agricultural and residential districts shall be accessory to a place of religious assembly located along a major street and have immediate access to such street without requiring traffic to pass through a residential neighborhood.

   (E)   Maximum enrollment. The Planning Commission may establish a maximum enrollment based upon neighborhood impact. In no instance may the maximum enrollment exceed the number allowed by the state-issued child day care license.

(Ord. 09-21, passed 7-27-09)

   An adult entertainment facility is a conditional use within the B-4 Highway Business District. Conditional use shall not be authorized unless the following conditions and the provisions of § 158.171(C), at a minimum, shall be complied with:

   (B)   Minimum setback from library and schools. No adult entertainment facility shall be established within a radius of 2,000 feet from any school, library, or teaching facility, whether public or private, governmental or commercial, which school, library or teaching facility is attended by persons under 18 years of age.

   (C)   Minimum setback from park or recreation facility. No adult entertainment facility shall be established within a radius of 2,000 feet from any park or recreational facility.

   (D)   Minimum setback from places of religious assembly. No adult entertainment facility shall be established within a radius of 2,000 feet from any place of religious assembly which is attended by persons under 18 years of age.

   (E)   Minimum setback from other adult entertainment facilities. No adult entertainment facility shall be established within a radius of 2,000 feet of any other adult entertainment facility.

   (F)   Prohibited public display. No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.

   (G)   Public view to be prevented. All building openings, entries, windows, and the like for adult uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.

   (H)   External audio and visual impact. No screens, loudspeakers or sound equipment shall be used for motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.

(Ord. 09-21, passed 7-27-09)

      (1)   Farmer's markets.

      (2)   Temporary sales, conducted from within a tent, any other temporary structure, truck, trailer, or similar vehicle or structure.

         (a)   A farmer's market may not be conducted without a permit having been issued for that particular sale by the Planning and Zoning Department. An application for a permit shall be made upon a standard form provided by the city and shall contain the information required in that form.

         (b)   The permit shall be displayed clearly so as to be easily visible from the nearest adjoining public street.

         (a)   The exact location of each building already existing on the business zoned lot, showing the number of feet involved in measurements of setbacks and in the distance from all property lines.

         (b)   Location of the area to be used for the farmer's market, and the number of feet involved as measurements of yard and setbacks from those locations and to the right-of-way and property lines from those locations.

         (c)   Size, type and location of the sign.

         (d)   Parking layout and internal traffic circulation pattern for the existing principal use on the lot and also for the outdoor sale and/or display.

         (e)   The plot plan shall be accurate, and shall be drawn to scale as required by the Planning and Zoning Department.

         (a)   No part of any such special event, including the set-up and clean-up, extends for more than five consecutive days.

         (b)   No person or entity may hold more than two such special events in any calendar year, nor may any business zoned lot be used for such special events more than twice in any calendar year. Further, both the opening and closing days of any such special event must be separated by at least 90 days from any other such event conducted by the same person or entity within the city.

         (a)   Temporary sales may not be conducted without a permit having been issued for that particular sale by the Planning and Zoning Department. An application for a permit shall be made upon a standard form provided by the city and shall contain the information required in that form.

         (b)   Temporary sale permits shall be displayed clearly on part of the tent, vehicle or other enclosure and in such a manner as to be easily visible from the nearest adjoining public street.

         (a)   The exact location of each building already existing on the business zoned lot, showing the number of feet involved in measurements of setbacks and in the distance from all property lines.

         (b)   Type and size of enclosure to be used for temporary sales, and the number of feet involved as measurements of yard and setbacks from those locations and to the right-of-way and property lines from those locations.

         (c)   Size, type and location of the sign.

         (d)   Parking layout and internal traffic circulation pattern for the existing principal use on the lot and also for the temporary sale.

         (e)   The plot plan shall be accurate, and shall be drawn to scale as required by the Planning and Zoning Department.

         (a)   No part of any such special event, including the set-up and clean-up, extends for more than five consecutive days.

         (b)   No person or entity may hold more than two such special events in any calendar year. Further, both the opening and closing days of any such special event must be separated by at least 90 days from any other such event conducted by the same person or entity within the city.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-15, passed 8-13-12; Am. Ord. 14-17, passed 8-25-14)

   (A)   Intent. The purpose and intent of the cellular, digital or wireless telecommunication regulations is to establish standards for the review and approval of antennae, towers, support structures and facilities for the following to:

      (1)   Accommodate the need for wireless telecommunication antennae, towers, support structures and facilities for the provision of wireless services while regulating their location and number in the city;

      (2)   Protect residential areas and avoid potential damage to adjacent properties from telecommunication antennae, towers, support structures and facility failure;

      (3)   Minimize the adverse visual effects of telecommunication antennae, towers, support structures and facilities; and

      (4)   Encourage the joint use of any new and existing telecommunication towers, support structures and facilities in order to minimize the number of such structures.

   (B)   Regulations within B-2, B-3, B-4, I-1, I-2, and A-1 Districts. Conditions for approval of wireless telecommunication facilities in B-2, B-3, B-4, I-1, I-2 and A-1 Districts shall include, but not be limited to the following:

      (1)   Setbacks from property boundaries and abutting residential or commercial structures shall be at least 300 feet, unless otherwise established by the Board of Zoning Appeals.

      (2)   No tower may exceed 199 feet in total height.

      (3)   No tower may be located within 2,500 feet of an existing, approved, or proposed wireless telecommunication facility site.

      (4)   All towers shall be designed and constructed to accommodate the antennae of at least two additional wireless telecommunication providers.

      (5)   All wireless telecommunication towers shall be designed and constructed as monopole structures unless otherwise allowed by the Board of Zoning Appeals for aesthetic or technical reasons.

      (6)   No application for conditional use approval of a wireless telecommunication tower shall be approved unless and until the applicant has met the "Standards for Approval of Wireless Telecommunication Antennae, Towers and Sites", contained in division (F).

      (7)   No application for conditional use in the A-1 and I-1 Districts shall be approved for a parcel or lot that does not meet the minimum lot size requirements for the district in which it is to be located unless the antennae are located inside another structure and the support facilities are completely enclosed within a sound proof structure.

      (8)   Small cell facilities, which are to be constructed as a monopole less than 40 feet in height, and where each antenna and all associated equipment shall not exceed six cubic feet in volume, and all portions of a small cell facility other than an antenna do not exceed 28 cubic feet in volume per facility, shall be eligible for administrative review and approval by the Planning Director via zoning permit only. Should there be disagreement on what is appropriate spacing, setbacks, or any design guidelines between the Planning Director and the applicant, Planning Commission shall make the final determination.

   (C)   Regulations within C-PUD, MX-PUD and I-PUD Districts.

      (1)   Applications for approval of wireless telecommunication facilities in C-PUD, MX-PUD and I-PUD Districts shall require specific site plan approval under § 158.066 of the Zoning Code.

      (2)   The maximum height of wireless telecommunication towers shall not exceed 199 feet.

      (3)   Wireless telecommunication towers must be located at least 2,500 feet from any existing, approved, or proposed tower location, unless otherwise approved by Planning Commission.

      (5)   All towers shall be designed and constructed to accommodate the antennae of at least two other providers.

      (6)   All wireless telecommunication towers shall be designed and constructed as monopole structures unless allowed by Planning Commission for aesthetic or technical reasons.

      (7)   No application for approval of a wireless telecommunication tower shall be approved unless and until the applicant has met the “Standards for Approval of Antennae, Towers and Sites”, contained in division (F).

      (8)   Small cell facilities, which are to be constructed as a monopole less than 40 feet in height, and where each antenna and all associated equipment shall not exceed six cubic feet in volume, and all portions of a small cell facility other than an antenna do not exceed 28 cubic feet in volume per facility, shall be eligible for administrative review and approval by the Planning Director via zoning permit only. Should there be disagreement on what is appropriate spacing, setbacks, or any design guidelines between the Planning Director and the applicant, Planning Commission shall make the final determination.

   (D)   Regulations for facilities on publicly owned property and/or public rights-of-way.

      (1)   Wireless telecommunication facilities may be permitted to be located as a conditional use on a publicly owned property in any zoning district upon approval by the Board of Zoning Appeals, subject to the following requirements and standards:

         (a)   The applicant shall submit a letter of preliminary agreement, signed by the authorizing official of the public body, stipulating that the public entity has approved, in principle, the location of the facility on its property, along with any pertinent terms and conditions that may effect the location and construction of such facilities.

         (b)   Whenever possible, the tower shall be concealed among trees to partially shield the facilities from view.

         (c)   The applicant shall make every effort possible to reduce visual impacts by camouflage, color, and other appropriate measures.

         (d)   All accessory building and structures shall be aesthetically and architecturally compatible with the surrounding environment and adjacent buildings and structures.

         (e)   No variance from height limitations is required. However, no tower may exceed 199 feet.

         (f)   The tower and facilities must be located at least 300 feet from the nearest residential structure or property line unless the facilities and antennae are located inside another structure or the facilities are camouflaged in a manner acceptable to the Board of Zoning Appeals.

         (g)   All towers shall be designed and constructed to accommodate the antennae of at least two additional providers.

         (h)   All wireless telecommunication towers shall be designed and constructed as monopole structures unless otherwise allowed by the Board of Zoning Appeals for aesthetic or technical reasons.

         (i)   No application for approval of a wireless telecommunication tower shall be approved unless and until the applicant has met the “Standards for Approval of Antennae, Towers and Sites”, contained in division (F).

         (j)   Micro cell facilities in the right-of-way.

   (E)   Regulations for facilities on existing tall structures.

      (1)   Antennae of wireless telecommunication providers proposed for location on existing tall structures may be permitted in any zoning district upon submission of and approval of an application for zoning permit and building permit.

      (2)   Any wireless telecommunication antenna permitted on the roof of a building shall be set back one foot from the edge of the roof for each one foot in height of the wireless telecommunication facility. However, this setback requirement shall not apply to antennae that are less than two inches in thickness mounted to the sides of antenna support structures and do not protrude more than six inches from the side of such an antenna support structure. The tip height of antennae shall not extend more than ten feet above the top of the building or structure.

      (3)   Panel antennae may be located on the sides of tall structures so long as the panel does not extend above the top of the structure.

   (F)   Standards for approval of antennae, towers, and sites. The following standards shall apply to all wireless telecommunication antennae and towers.

      (1)   Network plan. The applicant shall be required to submit, along with all other required information, a map drawn to scale showing the wireless telecommunications provider's existing, approved and proposed facility sites within the corporate limits of Beavercreek and within 2,500 feet of the city boundaries.

      (2)   Necessity of location. The applicant shall be required to demonstrate, using the latest technological evidence, that the antenna and/or tower must be placed as proposed in order to satisfy a necessary function in the company's grid system.

      (3)   Effort to co-locate. Whenever feasible, the use of an existing, approved, or proposed tower, owned either by the applicant or another entity, shall be utilized. The applicant shall demonstrate by clear and convincing evidence that its antenna cannot be located on any other telecommunication tower or tall structure in the vicinity and that it has undertaken all reasonable means to avoid any undue negative impact caused by multiple towers within an area. The applicant must demonstrate that it has contacted the owners of nearby telecommunication towers or tall structures, requested permission to install its antenna on those structures, and was denied permission. The city may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on existing structures.

      (4)   Accommodation of city needs. The applicant shall agree to make every reasonable effort to accommodate the telecommunication antennae of the local police, fire and other public agencies.

      (5)   Agreement to shared use. In the event of the construction of new facilities by the applicant, the applicant shall agree to the shared use of the tower and support structures by other cellular telecommunication companies where technologically feasible upon payment of reasonable fees, provided such shared use does not violate any state or federal law. Applicants are required to bear an equitable share of capital operating and other expenses in connection with such shared use.

      (6)   Wireless telecommunication antenna and/or tower safety. The applicant shall demonstrate that the proposed wireless telecommunication antenna and/or tower is safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris and must meet all Federal Communications Commission standards.

      (7)   Color and appearance standards. All wireless telecommunication facilities shall be designed or painted to portray a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission or Federal Aviation Administration. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the city.

      (8)   Landscaping. Landscaping shall be required in order to screen the support structure and any other ground level features. In general, landscaping should soften the appearance of the wireless telecommunication site. Existing vegetation on and around the site shall be preserved to the greatest extent possible. The city may permit a combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping.

      (9)   Licensing. The applicant must demonstrate to the city that it is licensed by the Federal Communications Commission.

      (10)   Required parking. If the wireless telecommunication site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Zoning Code.

      (11)   Lighting/signage prohibited. Unless required by the Federal Aviation Administration, no artificial lighting shall be permitted on any wireless telecommunication towers, antennae, equipment or structures. No wireless telecommunication tower or antenna shall contain any signage containing a commercial, political or personal message.

      (12)   Other. Wireless telecommunication towers and antennae shall meet all Federal Aviation Administration regulations.

      (13)   Identification. Each facility shall be clearly identified by a two square foot sign listing the owner of the facility with service and emergency phone numbers.

      (14)    Photo simulations required. Photo simulations of the proposed wireless telecommunication facility from affected residential properties and public rights-of-way taken at designated locations shall be provided.

   (G)   Site plan requirements. A full site plan is required for all applications for proposed wireless telecommunication antennae, towers or sites indicating the following:

      (1)   The total area of the site.

      (2)   The existing zoning of the subject property and of all adjacent properties, including existing structures and uses.

      (3)   All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

      (4)   Existing topography with two-foot contour intervals.

      (5)   The proposed finish grade of development shown by contours not exceeding two-foot intervals.

      (6)   The proposed location of the wireless telecommunication tower, antenna and support structures, including guy wires, and dimensions, heights, and where applicable, the gross floor area of the buildings. Distance of the proposed tower from adjacent property lines and adjacent structures shall be shown on the drawing. All materials for buildings and structures shall be specified on the plan.

      (7)   The location and dimension of all curb cuts, driving lanes, off-street parking and loading areas, including the number of spaces, grades, surfacing materials, drainage plans and illumination.

      (8)   All existing and proposed sidewalks and open area.

      (10)    Landscape plan.

      (11)    The location of all existing and proposed streets.

      (12)   All existing and proposed utilities, including types and grades.

      (13)   The schedule of any phasing of the project.

      (14)   A written statement by the applicant as to the visual and aesthetic impacts of the proposed wireless telecommunication antenna and/or tower on all adjacent residential zoning districts along with submission of the photo simulation required under division (F)(14).

      (15)   Proof by the applicant in a form satisfactory to the city that the proposal has been approved by the Ohio Department of Transportation, the Federal Aviation Administration, and the Federal Communications Commission, as applicable.

      (16)   Any other information that may be required by city staff, the Planning Commission or the Board of Zoning Appeals to determine impacts and conformance with this Zoning Code.

      (1)   The required 2,500-foot separation between existing, approved and proposed tower locations if all other remedies such as co-location on an existing tower or location on a tall structure have been exhausted or the proposed location is on publicly owned property or within a public right-of-way; and

      (2)   The required 300 feet setback from any abutting residential or commercial structures or property boundaries provided the variance is the minimum variance possible and all other remedies have been exhausted. The Board of Zoning Appeals may attach conditions to the approval of the variance in order to mitigate impacts created on the abutting district or use.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 18-25, passed 11-26-18)

   (A)   Demolition permit. No building with a total square footage in excess of 1,000 square feet shall be demolished until a demolition permit has been issued by the Planning and Zoning Department. No demolition permit shall be issued except in conformity with the provisions of this chapter.

   (B)   Restoration of lot. After demolition, the building lot must be cleared of all debris resulting from the demolition. The removal of any existing footers or slabs is also required. If new construction is not to begin in 30 days following demolition, the lot must be restored to an acceptable condition, as determined by the enforcing officer. This may include, but is not limited to backfilling, seeding, mulching or grading. A bond, sufficient to cover the cost of restoration, may be required until improvements have been made to the satisfaction of the Planning and Zoning Department, at which time the bond may be released.

   (C)   Fees for demolition permit. A fee shall accompany each application for a demolition permit in accordance with the fee schedule of the City of Beavercreek.

   (D)   Period of validity. A demolition permit shall become null and void six months after the date on which it is issued unless within such a six-month period demolition of the structure is commenced.

(Ord. 09-21, passed 7-27-09)

   A bed and breakfast residence shall be permitted as a conditional use in A-1, R-1AA, R-1A, R-1B and R-PUD zoning districts. Conditional use approval shall not be granted by the Planning Commission unless the following conditions and the provisions of § 158.171(C) are met:

   (A)   Minimum parking spaces. One parking space per guest room is required in addition to the parking otherwise required for the principal structure. All guest parking areas are to be screened from adjoining properties. Off-site parking may also be considered when reviewing the application.

   (B)   Screening. Screening must comply with § 158.135, Landscaping, Screening and Buffering. Additional screening may be required by Planning Commission.

   (C)   Principal structure. All bed and breakfast activities are to take place within the principal dwelling and not within a garage or accessory building located upon the premises.

   (E)   New construction. Bed and breakfast facilities shall be prohibited in residences less than three years old.

   (F)   Exterior appearance. There shall be no change in the outside appearance of the building or premises that detracts from the residential character of the residence or from the residential character of the neighborhood, or other visible evidence of the conduct of such bed and breakfast residence other than one sign, not to exceed two square feet in area, non-illuminated and mounted flat against the wall of the principal building.

   (G)   Number of employees. The number of non-resident employees is limited to two.

   (H)   Compliance. The activities occurring within the facility shall be conducted in accordance with all applicable city, county, and state laws and licensing requirements prior to operation.

(Ord. 09-21, passed 7-27-09)

   (A)   Statement of intent. While most commercial activities may be incompatible in a residential neighborhood, the city recognizes that some home-based commercial operations may benefit the community and can be conducted with little to no impact on surrounding residential property. These regulations prescribe minimum standards which must be met by a home occupation/home business in order to preserve the character of residential neighborhoods, to guarantee residents freedom from nuisance related to such activities, and to ensure the proper utilization of public services. A home occupation/home business which fails to meet the requirements of this section shall be deemed to be in violation of the Zoning Code.

   (B)   Uses allowed. The following categories of uses are those allowed within any residential district. Any other uses are strictly prohibited.

      (1)   Educational uses. Including, but not limited to, music lessons, tutoring, religious instruction and nursery school/day care.

         (a)   For instruction purposes, the number of students shall be limited to no more than two at one time.

         (b)   For nursery school/day care purposes, the maximum enrollment may not exceed the number allowed by the state issued child day care license in accordance with R.C. §§ 5104.01 through 5104.99.

      (2)   Office/Studio. Including, but not limited to business consultation, computer/internet business, dress making/tailoring business, recording studio, and artist studio. This may also include a business that maintains an office within a dwelling, but conducts business activity at another location away from the dwelling (i.e. landscaping and lawn care service, interior decorating, cleaning services, direct sale of consumer products,) provided that all of the operating standards listed below are met.

   (C)   Operating standards. In order to operate a home occupation in the City of Beavercreek, the following operating standards must be met:

      (1)   Location. A home occupation shall be conducted entirely within the principal residential structure. No home occupation shall be conducted in any accessory structure, nor shall the storage of equipment related to the home occupation be contained within any accessory structure.

      (2)   External appearance. There shall be no change in the external appearance of the building or premises resulting from the home occupation. There shall be no entrance or exit way specifically provided in the dwelling unit or on the premises for the conduct of a home occupation, nor shall there be any display of products or equipment visible in any manner other than one sign, not to exceed two square feet in area, non-illuminated and mounted flat against the wall of the principal building.

      (3)   External effects. No equipment or process shall be used in a home occupation which produces heat, creates noise, vibration, light, glare, dust, smoke, fumes or odor detectable to normal sensory perception by a person located off the premises or beyond the walls if the dwelling unit is part of a multi-family building.

      (4)   Hours of operation. In no case shall a home occupation be open to the general public at times earlier than 8:00 a.m. or later than 6:00 p.m. Beyond these hours, the operator of the home may schedule appointments with students, clients or customers, but no more than two students, clients or customers per hour. An exception to this requirement is for direct sale of consumer products or services where parties for the purpose of taking orders or selling merchandise may be held.

      (5)   Traffic and parking.

         (a)    Traffic. Traffic generated by the home occupation shall not create safety hazards nor be substantially greater in vehicular size nor exceed on any continual basis the average number of vehicle trips that would normally be expected for a residence in a residential neighborhood.

         (b)   Parking. No area on the residential property may be created to park any vehicles or equipment related to the home occupation. Any home occupation business which requires the creation of parking in addition to the parking area already provided for the single-family residence shall not be operated within a residential zoning district. The conduct of a home occupation shall not reduce or render unusable areas provided for required off-street parking for the dwelling unit.

         (c)   Deliveries. Deliveries and shipping to and/or from a vehicle having a cargo area greater than 22 feet in length or have dual rear axles are prohibited.

      (6)   Employees. Only members of the household residing on the premises where the home occupation occurs may be employed full or part-time in the home occupation.

      (7)   Hazards. A home occupation shall not create a hazard to any person or property, or become a nuisance. Storage of hazardous or toxic materials in quantities that could have a potentially significant environmental impact on the property or the surrounding community is strictly prohibited.

      (8)   Usable area. A home occupation shall be incidental to the use of a dwelling unit for residential purposes.

         (a)   No more than 25% of the total floor area or no more than 500 square feet of the dwelling unit, whichever is less, may be used in connection with a home occupation.

         (b)   The uninhabitable areas of a dwelling unit, including unfinished basements, attics and attached garages may only be used for storage of incidental items related to the home occupation not to exceed 50 square feet of total floor area.

         (c)   No changes shall be made to the interior of the residence that will make it impractical to revert the building back to purely residential use.

      (9)   Conformity. Home occupations shall be conducted in accordance with all other city regulations and state and federal laws and licensing requirements.

(Ord. 09-21, passed 7-27-09)

      (1)   Transit stops on private property will be, whenever possible, designed to encompass existing off-street parking spaces, so long as the new transit stop does not cause the number of parking spaces to drop below the minimum required in § 158.114(S).

      (2)   In no instance shall transit stops on private property be located so that transit vehicles have to load/unload passengers while parked in thru lanes when only one thru lane is available in each direction.

      (1)   Amenities are to be maintained regularly, and any damaged or dirty amenity shall be immediately corrected by the property owner.

      (2)   The property owner shall be required to remove any and all amenities, and return the site to its original condition, upon termination of service to any transit stop.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 14-17, passed 8-25-14)

   (A)   General information.

      (1)   Intent. To promote and protect the public health, safety and welfare through the preservation, protection and enhancement of the environment by recognizing the vital importance of tree growth in the ecological system and by fully utilizing the benefits of landscaping in development. It is further the purpose of this chapter to: promote the preservation, replacement and augmentation of major trees removed in the course of land development and mitigate the impact of development, promote and utilize appropriate landscaping, screening and buffering between land uses, soften the appearance of building masses and paved areas and reduce generation of heat and storm water runoff.

      (3)   Application process. For PUD applications, general buffering and screening requirements shall be included with the concept plan and a detailed landscape plan, including a plant schedule shall be provided at the specific site plan stage. For permits issued in straight zoning districts, a detailed landscape plan shall be submitted with the zoning permit application.

      (4)   Alternative compliance. It is not the intent of landscape regulations to establish arbitrary regulations or to inhibit creative solutions to land-use problems. It is recognized that, under certain conditions, a strict interpretation of the requirements may be either physically impossible or economically impractical. These landscape regulations require certain elements that meet certain objectives within the site plan. Requests for use of alternative landscaping schemes are justified only when either the sites involved have space limitations or unusually shaped parcels; when topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical, due to a change of use of an existing site, the required buffer yard is larger than can be provided; or other safety considerations are involved.

   (B)   Plan preparation and submittal requirements. Landscape plans for development must have the following information before the approval process begins. The plan must be to scale between 1 inch = 10 feet and 1 inch = 40 feet and must be drawn on a separate sheet of paper. The plan must include the following:

      (1)   Property lines.

      (2)   Zoning and use of all abutting properties, location of buildings on abutting properties within 100 feet of property line; and zoning and use of properties directly across any collector, primary, or secondary street adjacent to the subject property.

      (3)   Name, location, and right-of-way of all public and private streets.

      (4)   Natural features such as ponds, lakes and streams.

      (5)   Delineation of 100-year floodplain and wetlands, and 50-year floodplain information may be required for certain project areas.

      (6)   Existing and proposed storm water management ponds.

      (7)   Required yard depths/widths (i.e., setbacks from all lot lines).

      (8)   Location, height, dimensions, and use of all existing and proposed buildings and other structures (including parking lots, sidewalks, and other paved areas; fences and walls; and recreational equipment) of subject property.

      (9)   Proposed grading in two-foot contours or better with any slope at 3:1 or steeper indicated. Storm water management ponds shall be indicated.

      (10)   Location of existing and proposed utilities and utility easements, including water, storm drain, and sanitary sewer pipes; overhead wires; utility poles and boxes; and signs if available.

      (11)   Location, size and description of all elements required to be screened.

      (12)   Show existing vegetation, including existing trees equal to or greater than eight inches DBH, measured at four and a half feet above base of the tree. Existing trees must be shown at approximate size. It will not be necessary for the owner/developer to survey trees of this size in large areas where woodland preservation is shown on the plan. Existing trees are to be shown in plan view with the circle diameter, a.k.a. crown spread, the approximate size of the existing tree canopy.

      (13)   Site tabulations including site square footage, open green space square footage, parking lot interior, and quantity of trees required. Required landscape strip width for front, side, and rear lot lines.

      (14)   Plant Schedule indicating key, quantity, scientific name, common name, size, condition, and spacing of all plants shown on the plan. See Figure 9 in division 158.135 (C)(5) for an example of a plant schedule.

      (15)   Landscape plan symbols for proposed plants must be drawn at approximate mature sizes specified in the chart below. The following table shall be used in determining size of landscape symbols to be drawn on the plan. Symbols or hatching patterns must be unique for each of the following categories. See Figures 1 and 2 below.

 

   (C)   Landscape regulations and requirements.

      (1)   Requirements. The following are minimum requirements for landscape plans. Creative landscape planning and design is encouraged provided it meets the minimal requirements set forth in this section. Refer to § 158.135 (C)(2) below for design guidelines and recommendations on how to approach the planning of the landscape. PUD proposals allow flexibility provided they meet these minimum requirements.

         (a)   Residential requirements.

            4.   Single Family (R-PUD, R-1AA, R-1A, R-1B or A-1). There shall be a minimum of one shade tree on each single family lot, between the sidewalk and the front of the principle structure.

         (b)   Neighborhood Business District (B-1). For neighborhood business districts, the following shall be required. A minimum total of one shade tree is required per 1,600 square feet or fraction of green space provided. This requirement is separate from parking and screening requirements.

         (c)   Commercial and industrial developments (B-2, B-3, B-4, O-1, ORP-1, RP-1, RO-1, I-1, I-2). In all commercial and industrial districts, and in the case of all nonresidential uses in residential districts, one shade tree is required per 2,000 square feet or fraction of open green space provided. A landscaped strip, as described in § 158.135(C)(2) , shall be provided on the property adjacent to all public rights-of-way. New commercial and industrial planned unit developments (PUD) or major modifications to a PUD have a minimum requirement of maintaining 25% green space of the total open space provided on the site. See §§ 158.072 - 158.074. Interior streets in nonresidential districts shall be landscaped such that there is at least one canopy deciduous or evergreen tree per 35 linear feet of frontage along the road right-of-way, three ornamental trees per 40 feet of frontage along the road right-of-way, the landscape strip within the subdivision shall be planted in grass and there shall be a massing of ornamental grasses, perennials, and/or annuals or bulbs are required at the entrance to individual lots.

         (d)   Mixed Use Planned Unit Development (MX-PUD). In all PUDs where commercial and residential uses coexist, the areas that are commercial must comply with the commercial and industrial requirements in this section. The residential areas must comply with the residential requirements of this section. The boundaries between different uses in a MX-PUD must be shown on the landscape plan.

      (2)   Parking lot requirements.

 

 

         (b)   Perimeter parking landscape requirements. The following two options may be used individually or in combination for perimeter parking landscaping. The first option is to provide a landscaped strip between the parking lot and any adjacent property line, that shall be a minimum of ten feet wide for sites over 20,000 square feet and a minimum of five feet wide for sites less than 20,000 square feet. Within this landscaped strip, provide one tree and three shrubs per 35 linear feet of parking lot perimeter adjacent to a property line. (This does not mean that shade trees must be located 35 feet on center.) Any shade tree planted to fulfill another requirement of these regulations, which is located within 15 feet of the edge of the parking lot, or any existing shade tree exceeding four inches caliper, which is located within 15 feet of the edge of the parking lot, may count toward fulfillment of this requirement. A second option is to provide a minimum 25-foot wide strip of existing woodlands. If more than the minimum 25-foot width of existing woodlands are preserved, the Planning Commission may waive part or all of the requirements for landscape strip or perimeter parking lot requirements.

         (c)   Parking lot interior requirements. A minimum of 4% pervious area of the total vehicular use area is required for parking lot interiors. This requirement is separate from perimeter parking requirements, and shall provide pervious areas devoted to landscape. Greater than 4% may be required in large vehicular use areas at the discretion of the Planning Director or his or her designee. When designing a landscape plan for the interior of a parking lot, there shall be at least two shade trees which shall be located within 60 feet of every parking space, measured from the trunk of the tree to the center of the parking space. See Figure 5.

            1.   There are three types of parking islands found in a parking lot. Terminal islands are located and required at the ends of parking bays. These islands shall be a minimum of nine feet wide. At a minimum, 75% of terminal islands shall be planted with perennials and shrubs, not exceeding two feet in height so as to not create a line-of-sight hazard. The remaining 25% may be covered with grass or mulch. Standard Islands are located between terminal islands, these islands shall be a minimum of nine feet wide. At a minimum 75% of standard islands shall be planted with perennials and shrubs, not exceeding two feet in height so as to not create a line-of-sight hazard. The remaining 25% may be covered with grass or mulch. Interior parking islands are located between bays, these islands shall be a minimum of eight feet wide for double loaded spaces and six feet wide for single loaded spaces. At a minimum 75% of interior islands shall be planted with perennials and shrubs. The remaining 25% must be planted with groundcovers. See Figures 6 and 7.

            2.   For the purposes of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including planting islands, curbed areas, corner areas, parking spaces, and all interior driveways and aisles except those with no parking spaces located on either side. Landscaped areas situated outside of the parking lot, such as peripheral areas and areas surrounding buildings, may not be counted as interior planting areas. See Figure 7.

            3.   If a parking lot less than 10,000 square feet is built without interior landscaping and then later, additional spaces are added so that the total of the lot is greater than 10,000 square feet, then the interior landscaping shall be provided for the entire parking lot.

            4.   Planting spaces must be large enough to allow for healthy tree growth and must be protected from car overhangs and opening car doors. Each space shall have a minimum of 60 square feet of continuous pervious land area provided for each tree. No tree planting area shall be less than six feet wide in any dimension and curbs shall be provided for all parking spaces adjacent to planting or pedestrian areas to protect those areas from overhanging by parked vehicles. In the case where planting islands are parallel to parking spaces, they shall be a minimum of nine feet wide. In cases where a planting island is perpendicular to parking spaces and the spaces head into the planting island on both sides, the island shall be a minimum of eight feet wide to allow for bumper overhang. If parking spaces are located on only one side of such a planting island, the island shall be a minimum of six feet wide.

See Figure 6. For all buildings requiring site plan review, wherever practical, landscaped planting beds shall be placed adjacent to the building on front and sides, and have a minimum width of four feet. Creativity of the bed shape and dimension is encouraged. For the front and any facades visible from a public street, a minimum of 60% of the exterior building perimeter shall be planted in the planting bed adjacent to the building façade with a combination of small ornamental trees, shrubs, groundcovers, perennials, ornamental grasses, annuals, and/or bulbs. Planters with the above plant materials may be accepted for a portion of the requirement.

         (d)   Credit for preserving existing trees. Credit may be received on the parking lot interior landscape by preserving existing trees capable of tolerating adjacent construction. In order to maintain any tree deemed eligible for credit, the ground area under and within the drip line of the tree shall be preserved from the trunk out to the edge of the drip line and shall be maintained in existing vegetative landscape material or existing pervious surface cover. The Planning Director or his or her designee may determine that lesser areas will provide sufficient nourishment for the continued growth of the preserved tree based on its species and specific conditions. A certified arborist or a licensed Landscape Architect, at the owner's expense, may be required to examine the condition of existing trees to be preserved when technical issues beyond the scope of the Planning and Zoning Department arise. The developer is required to contact the Planning and Zoning Department for a tree preservation inspection prior to any grading or earth movement near existing trees to ensure that proper tree preservation measures are taken. See Figure 14 in § 158.135 (D)(6) for tree preservation measures. Grading under the drip line of the tree or any disturbance including the movement of heavy equipment within said dripline at any time during development is not permissible and will void tree credits given by saving existing trees. Existing trees which were preserved in the approved plan, but do not survive or exhibit characteristics of dying must be replaced by the same number of trees credited toward the existing preserved tree according to the Schedule of Credit for Preserving Existing Trees, Figure 8. The required number of new trees may be reduced in accordance with the following schedule in exchange for preserving existing trees:

 

      (3)   Buffering and screening requirements. Screening shall be provided in order to create a visual barrier that partially or completely obstructs the view of structures or activities in order to minimize or prevent nuisances. Additionally, it is to provide an acoustic screen to aid in absorbing or deflecting noise, and to contain ambient debris and litter.

         (a)   Loading areas. All loading areas consisting of two or more loading spaces, loading docks, vehicular lanes providing access to the above, and service or maintenance areas shall be screened from residential zones and all adjacent public roads. Either a minimum six feet high opaque wall or fence that matches the architecture, materials, and colors of the principal building; a six feet high earthen berm with plantings sufficiently high enough to screen the loading area from adjacent property; or a screen of six feet (at the time of planting) evergreen trees or shrubs, minimum of 15 feet on center, double staggered row shall be used to screen loading areas. Greater than ten feet high walls or fences may be required in areas where additional screening is needed as determined by the Planning Director or his or her designee.

         (b)   Trash Receptacles. All trash receptacles shall be located on the property so as to be accessible for trash collection by sanitation vehicles, and shall not be located within the public right-of-way, or alley.

            1.   All trash receptacles shall be screened from public view, from public streets, public rights-of-way, and from abutting or adjacent properties.

            2.   Screening on three sides of the trash receptacle shall consist of a solid, opaque enclosure constructed of brick, concrete, concrete block or other decorative masonry, and shall be consistent with the architectural character of the development or principal building or structure. The open end of the enclosure shall have a 100% solid opaque metal, vinyl, PVC, or wooden gate that includes stop pins to lock the gates open for servicing and which are not readily degradable due to sunlight, moisture, or wind, with self closing hinges.

            3.   All exterior sides of the enclosure, except the gate, shall be landscaped pursuant to § 158.135, Landscaping, Screening and Buffering.

            4.   Trash receptacle enclosures shall not be located any closer to the road than the front of the principal structure.

            5.   All trash receptacle enclosures shall be a minimum of six feet high, and large enough to enclose all trash receptacles used by the principal use of the property. At the option of the property owner, the overall square footage of the trash receptacle enclosure may be increased an additional 80 square feet to allow for outdoor storage of property.

         (c)   Mechanical Equipment. 

            1.   All mechanical equipment, such as HVAC systems and the like, shall be screened from public view, from public streets, public rights-of-way, and from abutting or adjacent properties.

            2.   Screening on three sides of the mechanical equipment shall consist of a solid, opaque enclosure constructed of brick, concrete, concrete block, vinyl, PVC, or other decorative masonry, and shall be consistent with the architectural character of the development or principal building or structure. Landscaping material, such as shrubs or evergreen trees can be used in lieu of, or in combination with, the aforementioned materials, provided the design results in the required opaque enclosure.

      (4)   Landscaping bonding requirements. Prior to the issuance of any zoning permit for development in any district other those exempted by this section, the developer/applicant shall submit to the city a performance bond, cash bond, or letter of credit to insure the installation of landscaping as approved. The bond or letter of credit shall be in an amount equal to the applicant's estimate of the cost of installation as approved by the Planning and Zoning Department and shall remain in effect until such time as the landscaping has been completed as determined by the city. Upon completion of the installation of landscaping, the applicant may request, in writing, the release of the performance bond or letter of credit. Following an inspection by the city and upon determination by the city that the landscaping has been completed in accordance with the approved landscaping plan, 80% of the performance bond or letter of credit may be released. However, the remaining 20% of the performance bond or letter of credit will not be released until a maintenance bond lasting three growing seasons, or letter of credit equal to 20% of the initial performance bond or letter of credit to ensure maintenance of the landscaping is submitted to and accepted by the city.

      (5)   Administration and enforcement. The Planning and Zoning Department is responsible for the administration of the landscape plan review process, and for the enforcement of these ordinances. The Department shall maintain a checklist that lists the requirements set in this section in order to ensure completeness of a submitted landscape plan. The Planning Director or his or her designee shall work with the developer to make certain that all of the requirements in this section are met, and shall approve a landscape plan and bond amount that meets these requirements, and may enforce the requirements of this section, before, during, or after construction of a project.

 

 

 

   (D)   Plant lists, details, specifications, and tree preservation measures.

      (1)   Landscape standards and specifications. Plants shall be nursery grown in accordance with good horticultural practices, and grown under climatic conditions similar to those in Southwest Central Ohio for a minimum of two years. Trees shall meet current standards set by the American Association of Nurserymen and shall be freshly dug, have outstanding form and be free of disease, insects and/or damage. Park grade or environmental grade trees are not considered sufficient. All planting areas shall be irrigated. Intent to provide a sprinkler system should be shown on the landscape plan. A mixture of plant materials is to be used; however the use of native plant materials is encouraged. Two inches of processed, shredded mulch shall be applied to the soil around the tree to help conserve moisture. Mulching is not considered as a replacement for landscaping. Depth shall be a minimum of four inches for all trees and shrubs and a maximum of two inch depth for groundcovers, perennials, and bulbs. Mulch shall be placed at least three inches from the trunks of trees and shrubs.

         (a)   Plant materials. The landscape contractor shall furnish and install and/or dig, ball, burlap and transplant all of the plant materials called for on the drawings and/or listed in the plant schedule. Plant names used in the plant schedule shall be identified by scientific name and common name. All plant materials shall be equal to or better than the requirements of the American Standard for Nursery Stock, American Association of Nurserymen (hereafter referred to as AAN Standards). All plants shall be typical of their species and variety, shall have a normal habit of growth, and shall be first quality, sound, vigorous, well-branched and with healthy, well-furnished root systems. They shall be free of disease, insect pests and mechanical injuries. Caliper measurements shall be taken 12 inches above grade. Minimum branching height for all shade trees shall be six feet, and the minimum sizes for plant material at time of planting shall be as shown in Figure 10.

 

         (b)   Planting guidelines. A professional horticulturist/nurseryman shall be consulted to determine the proper time, to move and install particular plant material in order to minimize stress to the plant. Planting of deciduous material may be continued during the winter months, provided there is no frost in the ground and frost-free topsoil planting mixtures are used. All plant material shall be dug, balled and burlap (B&B) or bare root in accordance with the AAN Standards. The landscape contractor shall excavate all plant pits, vine pits, hedge trenches and shrub beds as follows. All pits shall be circular in outline, with vertical sides. The tree pit shall be deep enough to allow one-eighth of the ball to be above the existing grade. Plants shall rest on undisturbed existing soil or well-compacted backfill. The tree pit must be a minimum of nine inches larger on every side than the ball of the tree. If areas are designated as shrub beds or hedge trenches, they shall be cultivated to at least 18 inches depth minimum. Areas designated for ground covers and vines shall be cultivated to at least 12 inches depth minimum. Each tree, shrub or vine shall be pruned in an appropriate manner to its particular requirements, in accordance with accepted standard practice. Broken or bruised branches shall be removed with clean cuts made on an angle from the bark ridge to the branch collar, no flush cuts, to minimize the area cut. All cuts shall be made with sharp tools. Trim all edges smooth. No tree wound dressings shall be applied. All trenches and shrub beds shall be edged and cultivated to the lines shown on the drawing. The areas around isolated plants shall be edged and cultivated to the full diameter of the pit. Sod that has been removed and stacked shall be used to trim the edges of all excavated areas to the neat lines of the plant pit saucers, the edges of shrub areas, hedge trenches and vine pockets. After cultivation and eventual routine maintenance, all plant materials and plant beds shall be mulched with a four-inch to three-inch layer of finely shredded, processed, dark hardwood mulch of uniform texture and size. Large shredded twigs and branches are not considered mulch. Mulch is not considered as landscaping or as a substitute for plant materials.

      (3)   Acceptable tree list. The acceptable tree list for the city, as highlighted in the City's Landscape Guidelines, is designed to encourage an imaginative selection of landscape trees. Careful selection will prevent an over-dependence on a few species. Alternative species may be used on the site, but list represents acceptable trees that will not be questioned. Planting and maintaining a diverse urban forest is one of the goals of the creation of this list. Deviations from the acceptable tree list are permitted with the approval of Planning and Zoning Department.

      (4)   Landscape Plan modification. An approved landscape plan in need of minor revisions to plant materials due to seasonal planting problems or lack of plant availability may be revised so long as there is no reduction in the quantity of plant materials, no significant change in size or location of plant materials, new plant materials fall within the same general functional category of plants (shade trees, ornamental trees, evergreens, etc.). The proposed new plant materials must be considered appropriate with respect to elements necessary for good survival and continued growth.

         (a)   A letter shall be submitted to the Planning Director or his or her designee requesting a minor revision for plant substitution. The letter shall include a list of the quantities, types and sizes of the original plants and the proposed substitutions, locations of the substitute plants on the plan, reference to the approved permit number, and the name and telephone number of a contact individual, and any other information deemed necessary by the Planning Director or his or her designee. The Planning Director or his or her designee will notify the applicant in a timely manner whether or not the proposed plant materials meet the criteria listed above. If the substitutions are approved, the applicant will be informed of any additional actions or information required to finalize and document the plant substitutions. If the plant substitutions requested are not approved, the Planning Director or his or her designee will supply the applicant with specific recommendations for changes that will make the plant substitutions approvable. If the requested revisions to the landscape plan do not fulfill the four criteria listed above, they may not be approved in accordance with the plant substitution process. In this case the Planning Director or his or her designee will inform the applicant of procedures necessary for a formal revision to the plan.

      (5)   Planting methods and details. Planting methods shall be as highlighted as follows:

      (6)   Tree preservation measures. Orange fencing shall be placed around preserved trees on site prior to any grading or earthworks. See Figure 13. The Planning and Zoning Department shall be notified to inspect fencing around trees to be saved prior to grading or excavation.

      (7)   Maintenance. Regular maintenance is necessary of all required landscape areas. Plant materials shall be kept in a vigorous and healthy condition, free from diseases, pests, weeds, and litter. This maintenance shall include weeding, watering, fertilization, pruning, mowing, edging, mulching or other needed maintenance, in accordance with generally accepted horticultural practice. Repair or replacement of required landscape structures (walls, fences, and the same) to a structurally sound and aesthetic condition, the regular maintenance, repair, or replacement, where necessary, of any screening or buffering required by the zoning code is also required. Failure to regularly maintain plant materials shall constitute a violation and shall be enforced by up to and including the calling the bond or letter of credit. Owner will be notified by the Planning and Zoning Department in order to inform him or her of the nature of the maintenance problems. Owner will be given a maximum of six months from the time of notification, or until ten days prior to bond or letter of credit expiring, whichever comes first, to bring landscaping to a satisfactory condition as by this section. All plants to be replaced must be done accordingly in the same amount of time. Required plant materials or preserved existing trees that are dead, diseased or severely damaged, shall be removed by the owner as soon as possible, but no later than 60 days after notification. Replacement plants must be the same size and species as shown on the approved landscape plan or must be equivalent in terms of quality and size to any existing trees on site of the same species at time of planting. Such replacement will not be considered an amendment to the approved plan. Dead trees may be required to be removed by the owner. The Planning Director or his or her agent may require owner to hire a certified arborist to examine the condition of a tree that may cause hazardous safety conditions. The Planning Director or his or her designee must authorize the removal of any existing preserved tree.

   (E)   Screening and Buffering. No buildings or structures shall be erected, altered or enlarged nor shall land be used for any nonresidential use, excluding agricultural uses (see § 158.030 Agricultural Districts) on a lot that adjoins or faces any residential district until a plan for screening has been submitted and approved by the Planning and Zoning Department and/or the Planning Commission and/or City Council. For purposes of this section, a residentially zoned property shall mean property zoned R-1AA, R-1A, R-1B, R-2, R-3, R-4, RO-1, R-PUD and approved residential portions of a MX-PUD.

      (1)   Purposes for screening. Screening shall be provided for one or more of the following purposes:

         (a)   A visual barrier to partially or completely obstruct the view of structures, lighting, or activities in order to minimize or prevent nuisances;

         (b)   As an acoustic screen to aid in absorbing or deflecting noise; and

         (c)   For the containment of ambient debris and litter.

      (2)   Types of screening permitted. Screening may be one of the following or a combination of two or more:

         (a)   A solid masonry wall;

         (b)   A solidly constructed decorative fence;

         (c)   A louvered fence;

         (d)   Dense evergreen plantings; and/or

         (e)   Landscaped mounding with ground cover.

      (3)   Side and rear yard requirements for nonresidential uses abutting residential districts or uses. Nonresidential uses shall not be located closer than 50 feet to any lot line of a residential district or use, except for buildings and uses located on property in an RO-1 district which shall meet the setback requirements as specified in § 158.035. Buildings and uses located on property in an A-1 district shall meet the setback requirements as specified in § 158.030. Greater setbacks may be required for specific uses elsewhere in this Zoning Code. Screening shall be required along such mutual boundaries. Such screening shall have a minimum height of five feet, six inches and be of sufficient density or opaqueness to accomplish the above stated purposes.

      (4)   Front yard screening requirements for parking lots across the street from residential districts or uses. All parking lots located within any required front yard across the street from any residential district shall be separated from the street right-of-way according to the requirements of § 158.135(C)(2). Screening three feet in height shall be provided along all sides of parking areas facing residential districts or uses, except where the Planning and Zoning Department determines that a sight distance hazard would be created.

      (5)   Mounding specifications. Mounding provided in lieu of or in combination with walls, fences, and/or evergreen plantings shall consist of a strip of land as wide as necessary to obtain a maximum slope of 3 to 1 (angle or repose) for the required height. Mounding shall be planted with a ground cover suitable to prevent erosion.

      (6)   Required depth for noise screening. Screening for the purpose of absorbing or deflecting noise shall have a depth of at least 15 feet of mounding with plantings or ground cover or be a solid masonry wall in combination with decorative plantings.

      (7)   Protection and maintenance of screening. Whenever required screening is adjacent to parking areas or driveways such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles. All screening shall be trimmed and maintained in good condition and remain free of all advertising or other signs.

 

(Am. Ord. 10-12, passed 9-13-10; Am. Ord. 23-19 , passed 9-11-23)

   (A)   Intent. This section intends to regulate outdoor lighting, in non-single family residential neighborhoods, in order to establish appropriate minimum levels of illumination, prevent unnecessary glare, and reduce both spill-over onto adjacent properties and unnecessary transmission of light into the night sky, sometimes referred to as "light pollution". It is not intended to eliminate the need for an applicant to seek professional assistance to determine appropriate lighting for the use and design proposed.

   (B)   Approved lighting plan. Whenever the installation or modification of outdoor lighting is proposed or, for a commercial, industrial, multi-family or conditional use of a site plan approval, the Planning and Zoning Department shall review and approve all proposed lighting as part of the approval process. These standards shall also apply to modifications to existing lighting fixtures, whether or not site plan approval is required.

      (1)   A lighting plan submitted for review shall contain the following:

         (a)   A site plan showing the location of all existing and proposed buildings, landscaping, streets, drives, parking areas and exterior lighting fixtures;

         (b)   Specifications for all proposed and existing lighting fixtures. These include: photometric data, fixture height, mounting and design, glare control devices, type and color rendition of lamps, and hours of operation. A photometric plan illustrating the levels of illumination at ground level shall account for all light sources that impact the subject site, including spill-over illumination from neighboring properties; and

         (c)   Relevant building elevation drawings showing all fixtures, the portions of the walls to be illuminated, illuminance levels of walls and the aiming of points of any remote fixtures.

      (2)   A proposed lighting plan shall be reviewed based upon the following considerations:

         (a)   Whether the lighting is designed to minimize glare;

         (b)   Whether light will be directed beyond the boundaries of the area to be illuminated or onto adjacent properties or streets;

         (c)   Whether the lighting will cause negative impacts on residential districts and uses;

         (d)   Whether the plan will achieve appropriate levels of illumination for the use proposed;

         (e)   Whether the lighting is in harmony with the character of the surrounding area and the illumination levels of neighboring properties; and

         (f)   Whether the lighting is in keeping with the city's goal of prohibiting unnecessary illumination of the night sky.

   (C)   Required conditions. When site plan or zoning permit approval is required for the installation or modification of exterior lighting, the following conditions shall apply:

      (1)   Light fixtures shall not be mounted in excess of the maximum height limitation of the district in which they are located. For lighting in residential districts and for uses adjacent to residential districts or uses, light fixtures located on private property shall not be mounted in excess of 16 feet above grade. Fixture height shall be measured from the grade of the illuminated surface to the bottom of the fixture.

      (2)   Electrical service to light fixtures shall be placed underground.

      (3)   No flashing lights shall be permitted.

      (4)   Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall landscaping, fencing and similar screening methods be considered acceptable means for reducing glare.

      (5)   Outdoor lighting shall be designed to achieve uniform illumination levels. The ratio of the average light level of the surface being lit to the lowest light level of the surface being lit, measured in foot-candles, shall not exceed 4:1. One foot-candle is equal to the amount of light generated by one candle shining on a square foot surface one foot away. The average illumination is determined by: adding the foot-candle value of all the points in the photometric grid, and dividing the sum by the total number of points.

      (6)   The use of true color rendering lamps, such as metal halide, is preferred over high and low pressure sodium lamps.

      (7)   Only necessary lighting for security purposes and limited operations shall be permitted after a site's hours of operation.

      (8)   Lighting for security purposes shall be directed only onto the area to be secured.

         (a)   All fixtures shall be located, shielded and aimed so that light is not cast toward adjacent properties or streets or unnecessarily transmitted into the night sky.

         (b)   Fixtures mounted on the building and designed to illuminate the facade are preferred.

      (9)   Parking lot lighting shall be designed to provide the minimum illumination necessary to ensure adequate vision and comfort in parking areas. Full cut-off fixtures shall be used to prevent glare and direct illumination away from adjacent properties and streets. Designs that result in even levels of illumination across a parking area are preferred.

      (10)   The illumination of gasoline service stations and convenience stores shall be the minimum level necessary to facilitate such uses. Excessive lighting for the purposes of attraction and advertising shall not be permitted.

         (a)   Areas away from gasoline pump islands that are used for parking and vehicle storage shall be illuminated in accordance with the parking area requirements of division (C)(9) above.

         (b)   Light fixtures mounted on canopies shall be recessed or flush with the bottom of the canopy. Where a drop-down fixture is used, the lens shall be flush with (i.e., no more than one inch beyond) the casing so that light is directed down and not sideways. All canopy lighting shall be shielded to provide a cut-off angle of 85 degrees. Fixtures shall not be mounted on the top or sides of canopies.

            (c)   The illumination of canopy sides is prohibited.

         (11)   The following illumination levels shall act as minimum standards for all exterior lighting. Maximum lighting will be governed by the 4:1 ratio of average to minimum illumination of the surface being lit. Where a site abuts a nonresidential district, maximum illumination at the property line shall not exceed one (1) foot-candle. The city may modify these levels if such modifications are deemed necessary and appropriate for the use and surrounding area.

 

      (12)   Where a site abuts a residential district or use, the following special conditions shall apply:

         (a)   The height of light fixtures shall not exceed 16 feet;

         (b)   All fixtures shall have a cut-off angle of 90 degrees or less;

         (c)   No direct light source shall be visible at the property line (adjacent to residential) at ground level; and

         (d)   Maximum illumination at the property line shall not exceed one half foot-candle.

      (13)   The city may choose to waive or alter cut-off requirements of this section when appropriate historic or decorative fixtures are proposed (e.g., use of decorative up-lighting to illuminate the underside of a canopy or columns on a facade, where a canopy or roof projection restricts the projection of the light into the night sky).

   (D)   Maintenance. All installed and approved light fixtures shall be kept in good repair. This includes, but is not limited to, replacing non-working bulbs, repairing broken or malfunctioning fixtures and similar activities. Failure to maintain fixtures shall be deemed a violation of this chapter and violators shall be subject to the penalty provisions contained in § 158.999 of the Zoning Code.

   (E)   Exemptions. The following uses shall be exempt from the provisions of this chapter:

      (1)   Roadway lighting required by the appropriate public agency for health, safety and welfare purposes;

      (2)   Lighting approved by the city as part of construction;

      (3)   Flag lighting, provided that the illumination is the lowest possible level necessary, and that the light source is aimed and shielded to direct light only onto the intended target, so as to prevent glare for motorists and pedestrians;

      (4)   Emergency lighting approved by the city, provided the lighting is discontinued upon the abatement of the emergency necessitating said lighting; and

      (5)   Other temporary lighting determined to be reasonable and appropriate by the city.

(Ord. 09- 21, passed 7-27-09; Am. Ord. 18-25, passed 11-26-18)