Except as hereinafter provided, no building, structure or land shall hereafter be used and no building or part thereof or structure shall be erected, constructed, reconstructed, occupied, moved, altered or repaired, except in conformity with the regulations herein specified for the class of district in which it is located.

(Ord. 7139-99. Passed 7-6-99.)

   Any building, structure or use lawfully existing at the time of enactment of this Planning and Zoning Code, hereinafter the "Code", may be continued, except certain nonconforming uses as provided in Section 1947.03. Nothing in this Code shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Commissioner.

(Ord. 7139-99. Passed 7-6-99.)

   Except as hereinafter provided under subsection (d) hereof:

   (a)   Any nonconforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or other act of God, may be reconstructed and used as before if it is done within twelve months (12 mos.) of such calamity, unless damaged more than fifty percent (50%) of its fair market value, as determined by the Board of Appeals, at the time of such damage, in which case reconstruction shall be in accordance with the provisions of this Code.

   (b)   No building, structure or premises where nonconforming use has been or may be discontinued for more than one year (1 yr.), or has been or may be changed to use permitted in the district in which it is located, shall again be devoted to a nonconforming use.

   (c)   Any nonconforming use of land not involving any structure, and any nonconforming outdoor advertising sign or outdoor advertising structure may be continued for a period not to exceed one year (1 yr.) after enactment of this Code whereupon such nonconforming use shall cease and thereafter such building or structure shall be removed.

   (d)   The foregoing provisions under subsection (a) hereof, insofar as these limit reconstruction or require certain uses to cease or buildings or structures to be removed or changed, shall not be applicable where any such building, structure or use would be conforming under the City Plan.

      (Ord. 7139-99. Passed 7-6-99.)

   No lot created after the adoption of this Code shall contain any building used as a dwelling unless it abuts at least thirty feet (30 ft.) on a street or has a permanent exclusive non-obstructed easement of access not less than thirty feet (30 ft.) wide to a street.

(Ord. 7139-99. Passed 7-6-99.)

   In any district where dwellings are permitted, a one-family detached dwelling may be constructed on any lot of official record at the time of enactment of this Code, the owner of which does not own any adjoining property, provided that proposed yard spaces satisfy requirements stipulated for the district in which such lot is located, or requirements as may be modified by the Board of Appeals as set forth hereinafter in Section 1919.04 (b).

(Ord. 7139-99. Passed 7-6-99.)

   No lot shall contain more than one (1) principal use.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   No accessory building shall be erected in any yard other than a rear yard and it shall occupy less than thirty percent (30%) of a required rear yard. Accessory building shall be limited to fifteen feet (15 ft.) in heights, and shall be distant at least three feet (3 ft.) from all lot lines of adjoining lots which are in any residential district and at least six feet (6 ft.) from rear lot lines and ten feet (10 ft.) from any other building or structure on the same lot.

   Where the natural grade of a lot at the front wall of the principal building is more than eight feet (8 ft.) above the established curb grade in front of the lot, a private garage may be erected within any yard or court, but not within ten feet (10 ft.) of any street line, provided that at least one-half (1/2) of the height of such private garage shall be below the level of the yard or court.

   (b)   An accessory building may be connected to the principal structure by a breezeway or similar structure if such accessory building is at least six feet (6 ft.) from the principal structure, provided all yard and court requirements of this Code for a principal building are complied with.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this Code, and if already less than the minimum required it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

   (b)   The space occupied by a required private garage or parking area shall be considered the same as any required open space provided about a principal building, and such space shall not be reduced or included as any part of any required open space for another building or structure.

(Ord. 7139-99. Passed 7-6-99.)

   If, in the opinion of the Building Commissioner, any room in which persons were to live, sleep or work, except storage rooms, would not be adequately lighted and ventilated from a street or from a required side or rear yard, a court conforming with the provisions of the Building Code shall be provided on which such rooms shall be open. Any required court which is to serve as rooms for residential purposes, other than a bathroom, toilet compartment, pantry, hall, closet, storage room or other accessory room not for living or sleeping, shall be an outer court.

(Ord. 7139-99. Passed 7-6-99.)

   The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Code, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified within the Chapter applying to such district.

(Ord. 7139-99. Passed 7-6-99.)

   In any residential district on any corner lot, no fence, structure or planting shall be erected or maintained within twenty feet (20 ft.) of the corner so as to interfere with traffic visibility across the corner.

(Ord. 7139-99. Passed 7-6-99.)

   Essential services shall be permitted as authorized and regulated by law and other Ordinances of the City, it being the intention hereof to exempt such essential services from the application of this code.

(Ord. 7139-99. Passed 7-6-99.)

   In any district spaces for off-street parking and for loading or unloading shall be provided in accordance with the provisions of Chapter 1957.

(Ord. 7139-99. Passed 7-6-99.)

   Nothing herein contained shall require any change in the over-all layout, plans, construction, size or designated use of any development, building structure or part thereof for which official approvals and required building permits have been granted before the enactment of this code, the construction of which, conforming with such plans, shall have been started prior to the effective date of this Code and completion thereof carried on in a normal manner within the subsequent six-month (6 mo.) period, and not discontinued until completion, except for reasons beyond the builders' control.

(Ord. 7139-99. Passed 7-6-99.)

   Nothing in this Code is to be construed as changing the advisory function of the Planning Commission or granting it legislative authority. The Commission approval of any development under this code is not effective until affirmed by a majority vote of Council.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.

   (b)   All applications for a determination of a similar use in any of the districts shall be submitted to the Planning Commission and, after approval by it, confirmed by the Council in compliance with the following standards:

      (1)   That the use is not listed in any other classification of permitted buildings or uses;

      (2)   That such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to any other classification;

      (3)   That such a use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and

      (4)   That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.

         (Ord. 7139-99. Passed 7-6-99.)

   In all districts, the maximum height of a flag pole shall be thirty feet.

(Ord. 7139-99. Passed 7-6-99.)

   In all districts, the maximum height of short-wave radio antennae shall be a maximum of five feet higher than the roof of the building to which it is attached.

(Ord. 7139-99. Passed 7-6-99.)

   The purpose of this chapter is to provide for the type, design, location and size of signs and to regulate their installation and maintenance, in order to:

   (a)   Promote and maintain attractive and high-quality Residential Districts and promote attractive public facilities;

   (b)   Provide for reasonable and appropriate methods for identifying establishments in business and industrial districts by relating the size, type and design of signs to the size, type and design of the business and industrial establishments;

   (c)   Promote the public health, safety and welfare by avoiding conflicts between signs and traffic control devices, avoiding traffic hazards and reducing visual distractions and obstructions;

   (d)    Control the design of signs so that their appearance will be aesthetically harmonious with an overall urban design for the area by:

      (1)   Assuring the appropriate design, architectural scale and placement of signs;

      (2)   Assuring that signs are placed in an orderly and attractive manner on the building or the site;

      (3)   Assuring that the amount of information on the sign is legible and achieves the intended purpose.

   (e)   Promote the most desirable developments and economic activity in accordance with the objectives of the Municipality; and

   (f)    Protect property values. (Ord. 9740-19. Passed 11-18-19.)

   (a)   Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the provisions of this chapter.

   (b)    The construction, erection, safety and maintenance of all signs shall be in accordance with this chapter, but the provisions of this chapter shall not amend or in any way interfere with the codes, rules or regulations governing traffic signs within the Municipality.

   (c)   The display of official public notices, or official depiction of a recognized U.S. governmental body, shall not be governed by the provisions of this chapter.

(Ord. 9740-19. Passed 11-18-19.)

   (a)   "A-Frame or Sandwich Board Sign" - A sign made of wood, cardboard, plastic, or other lightweight and rigid material having the capability to stand on its own rigid supporting frame in the form of a triangle or an inverted V and being portable and

movable. Also known as a sandwich board sign.

   (b)    "Awning sign"means any hood or awning made of cloth or with metal frames attached to a building and supported by the ground or sidewalk.

   (c)    "Blade or Projecting Sign" means a sign that is attached to the wall of a building and is perpendicular to the flow of either pedestrian or vehicular traffic.

   (d)    "Bulletin board"means an announcement sign which directs attention to and is located on the lot of a public or semipublic institution.

   (e)   "Canopy sign"means a sign attached to the soffit or fascia of a canopy, covered entrance or walkway, or to a permanent awning or marquee.

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

   (g)    "Dilapidation" Dilapidation includes any sign where elements of the sign area or background have portions of the finished material missing, broken, peeling or illegible; where the structural support is visibly bent, broken, dented, rusted, peeling, corroded, or loose; or where the sign or its elements are not in compliance with the adopted electrical code and/or the Building and Housing Code.

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

   (i)    "Electronic Sign" Is a changeable copy sign for which the text, letters, numbers, pictures, or symbols forming the informational portion of the sign consists of flashing, intermittent, or moving lights, including any LED screen or any other type of video display. This definition does not include signs that have internal or indirect illumination

that is kept stationary or constant in intensity and color at all times when such sign is in use or any government sign located within the right-of way that functions as a traffic- control device and is described and identified in the Ohio Manual of Uniform Traffic- Control Devices.

    (j) "Free-standing ground sign" means a stationary sign which is not affixed to a building or supported by a pole or poles. It may be supported from the ground by means of a free-standing wall, monument, or other structural support system.

   (k)   Marquee sign" means a sign attached to the soffit or fascia of a marquee, to a roof over an entrance or to a permanent awning.

   (l)   "Permanent Sign" - means a sign permanently affixed or attached to the ground or a structure and which cannot be removed without special handling, such as removing or dismantling the foundation or a portion thereof, fasteners, adhesives or similar materials providing support or structural integrity for the sign.

   (m)    "Pole sign" means a stationary two-face sign erected on a metal pole or poles that is

wholly independent of any building for support. The faces shall be back-to-back and shall not be more than a foot apart.

   (n)    "Roof Sign" means a sign placed, inscribed or supported upon a roof or upon any structure which extends above the roof line of any building.

   (o)    "Sign" means any display, figure, painting, drawing, placard, poster or other device, visible from a public way, which is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product. It may be a structure or a part thereof or it may be painted on or attached directly or indirectly to a structure. It may be painted on stone or be formed out of live planting/shrubbery (subject to Planning Commission approval).

   (p)    "Sign Area" For a Freestanding or Pole sign is the space enclosed within the extreme edges of the sign for each sign face, not including the supporting structure. For a Wall or Panel sign, where attached directly to a building wall or surface, the space within the outline enclosing all the characters of the words, numbers, or design.

   (q)    "Sign face" The entire display surface area of a sign upon, against, or through which copy is placed.

   (r)    "Temporary" A banner, pennant, poster, or advertising display constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials that appears to be intended or is determined by the Building and Zoning Inspector to be displayed for a limited period of time.

   (s)    "Wall or panel sign" means a sign integral with the exterior face of an exterior wall of a building, or attached to the wall or parallel with the wall and projecting not more than twelve inches therefrom.

   (t)    "Window sign" means a sign painted, attached or affixed to the interior or exterior surface of a window or door of a building.

(Ord. 9740-19. Passed 11-18-19.)

   Signs shall be permitted in each use district and regulated as to type, size and location as provided in this chapter. Unless otherwise specifically permitted herein, the following signs are prohibited in all districts, except the 1-1 and 1-2 District:

   (a)    Feathered flag (no more than two (2) per property) banner or sign or other similar devices;

   (b)    Mobile, portable, or wheeled signs (one (1) per structure);

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

   (d)    Roof signs;

   (e)    Inflatable images;

   (f)    Signs containing flashing, moving, intermittent, or running lights or which imitate traffic control devices provided, however, that changeable copy signs shall be permitted as regulated by this ordinance;

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

   (h)    Beacons or searchlights;

   (i)    Strobe lights;

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

   (k)    Window frame lighting: light emitting diode or other types of bar, string, or strand lighting, whether white or another color, within or directly outside of window frames of their buildings. (Ord. 9740-19. Passed 11-18-19.)

   (a)    A permit is required prior to the display, erection or alteration of any sign except as otherwise provided in this Chapter. Repairs or maintenance not involving structural or electrical changes may be permitted without obtaining a permit.

   (b)    Routine maintenance or changing parts of signs shall not be considered an alteration of a sign, provided that the maintenance or change of parts does not alter the type of installation, surface area, heights, or otherwise make the sign non-conforming.

   (c)    Applications for sign permits shall be made upon forms provided by the Building Commissioner.

   (d)    Upon determining that a sign application is complete and accurate, the Building Commissioner shall approve the application or, if required by this Chapter, submit the sign application to the Planning Commission for approval.

   (e)    If Planning Commission review is required, the Building Commissioner shall not issue the permit until receiving the action of the Planning Commission which may be to recommend approval, approval with modifications, or denial of the application.

   (f)    Any sign application which requires a variance shall first be submitted to the Planning Commission for consideration.

   (g)    No permanent signs except highway safety signs shall extend into any right-of-way. (Ord. 9740-19. Passed 11-18-19.)

   If the work authorized under a sign permit has not been completed within one (1) year after the date of issuance, the permit shall become null and void.

(Ord. 9740-19. Passed 11-18-19.)

   Fees for sign permits shall be charged in accordance with the schedule of sign fees as established by Council (Section 1305.16 (f) of the Codified Ordinances).

(Ord. 9740-19. Passed 11-18-19.)

   All rights and privileges acquired under the provisions of this chapter or any amendment hereto, are mere licenses that are revocable at any time by Council.

(Ord. 9740-19. Passed 11-18-19.)

   The Building Commissioner is hereby authorized to revoke any permit issued by him upon failure of the holder thereof to comply with any provisions of this chapter.

(Ord. 9740-19. Passed 11-18-19.)

   Any person who erects, alters or moves a permanent sign after the effective date of this Chapter without obtaining a permit as required by this section, shall be subject to a penalty and or remedy as provided. (Ord. 9740-19. Passed 11-18-19.)

   Signs which do not require a permit include:

   (a)    Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties, provided, that all such signs must be removed no more than ten (10) days after their purpose has been accomplished.

   (b)    Any sign wholly within the confines of a building and oriented so as to be out of view from outside the building.

   (c)    One sign per entrance door in a non-residential district which shall be limited to two (2) square feet in size and located within five (5) square feet of the entrance door.

   (d)   Signs located within the grounds of public facilities such as baseball fields, stadiums, community centers, and other public facilities placed by a governmental entity.

   (e)    Any sign not expressly requiring a permit under this chapter.

   (f)    Sign faces that are visible from the public right of way, but are not intended for public view and are not discernible in message due to the small size of the sign's text, copy, or graphics as viewed from the public Right of Way. Such signs shall not exceed twelve (12) square feet in area and shall not exceed 6 feet in height.

   (g)    Signs that are an integral part of the original construction of vending or similar machines, fuel pumps, or similar devices;

   (h)    Signs that are constructed of paper, cloth, or similar expendable material, attached to the inside of a window, do not exceed 8 square feet in sign face area, and do not cover more than twenty-five percent (25%) of the area of the window pane; and

   (i)   Temporary Ground Signs as regulated in Residential districts set forth in Sections 1949.14 and 1949.15.

      (Ord. 9740-19. Passed 11-18-19.)

   The following shall be the basis for determining sign area, sign height, and building or tenant frontage.

   (a)    Sign Area and Dimensions. Sign area shall include the entire face of the sign from edge to edge, including any frame or structure around the perimeter of the sign, provided however, that a proportional framing or structure around the display area may be excluded by the Planning Commission.

      (1)   For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or an irregular shaped free-standing sign, the area of the sign shall be the area of not more than three (3) adjacent regular geometric shapes that encompasses the perimeter of all the elements in the display. Regular geometric shapes are squares, rectangles, circles, ovals, triangles, and trapezoids.

      (2)   When separate e1ements are organized to form a single sign, but the elements are separated by open space, the area of the sign shall include the space between the elements.

      (3)    For free-standing signs:

         A.   The sign area shall be computed by the measurement of one (1) of the faces when two (2) identical display faces are joined, are parallel or are within thirty (30) degrees of being parallel to each other and are at no point separated by a distance that exceeds two (2) feet.

         B.    The portion of a solid sign base, up to a maximum height of two (2) feet, may be excluded from the calculated sign area provided such base is adequately screened by landscaping as determined by the Planning Commission.

      (4)   Air between a projecting sign and the wall to which it is attached and detached lighting fixtures and associated brackets shall not be included in the calculation of sign area.

   (b)    Sign Height. The height of a free-standing sign shall be measured from the average natural grade at the base of the sign or support structure to the tallest element of the sign or its support structure. A free-standing sign on a man-made base, including a graded earth mound, shall be measured from the average site grade prior to any grade change in the area of a sign.

   (c)    Building Frontage and Building Unit. For the purposes of these sign regulations, the length of the building wall that faces a public street other than a limited access highway or that contains a public entrance to the uses therein shall be considered the building frontage.

      (1)   The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.

      (2)   In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.

      (3)   A building is considered to have two (2) frontages whenever the lot fronts on two (2) or more streets or the building has a public entrance on a wall other than the wall that faces the street. The property owner shall determine which wall shall be the primary building frontage and which wall shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage and only one additional wall considered its secondary frontage.

      (4)   For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.

         (Ord. 9740-19. Passed 11-18-19.)

   (a)    All signs shall be of substantial construction so as to withstand weather conditions, such as rain, snow, wind, and freezing and thawing, without deterioration of the sign or its structure. Cloth, paper, or any other temporary materials shall not be permitted on permanent signs.

   (b)    All signs shall be constructed, erected and maintained in accordance with the Village Building and Housing Code.

   (c)    All signs, including temporary signs, shall at all times be maintained in good condition and repair at all times. Upon determination that a sign is not being maintained, is in poor condition or repair, or is unsafe, the Building and Zoning Inspector or his designated agent may order such sign to be brought into compliance or removed within a specified time period. Should the property owner fail to bring the sign into compliance as directed, the Building and Zoning Inspector may remove (or cause to be removed) or maintain such sign at the expense of the person, firm or corporation who erected the sign or on whose premises it was erected, affixed or attached. Each such person, firm or corporation shall be individually and separately liable for the expense incurred in the removal of the sign. The Building and Zoning Inspector may also institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such violation.

   (d)    Illuminated signs are permitted pursuant to the following regulations:

      (1)   Signs may be internally illuminated with LED's or similar technology, provided that the sign shall be factory set so that the luminance of the sign shall not exceed a maximum of three (3) foot candles measured ten (10) feet from the sign's face at maximum brightness. Internally illuminated signs shall be equipped with a reduced intensity nighttime setting device activated by photocell or timer.

      (2)   External illumination of signs shall not be of excessive brightness and shall be designed and shielded so as to prevent glare and minimize light trespass onto adjacent properties and to prevent view of the light source from any adjoining residential property and/or vehicles traveling on public rights-of-way. In no instance shall the intensity of the light exceed twenty (20) foot candles at any point on the sign face.

      (3)   Signs may use back lighting or halo lighting subject to the approval of the Planning Commission.

      (4)   No sign shall be illuminated between the hours of 2:30 a.m. and 5:00 a.m., unless the activity displaying the sign is open for business during those hours. The Building and Zoning Inspector is authorized to grant an exception from the provisions of this section to any activity in which illumination of signs during the hours otherwise proscribed is necessary or desirable for the security and safety of the activity or for property in the custody of the activity.

      (5)   Electronic Message signs shall be subject to approval by the Planning Commission and City Council. They shall conform to the following standards:

         A.   Each message or copy shall remain fixed for at least ten (10) seconds.

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

         C.    No such sign shall be of such intensity as to create a distraction or nuisance for motorists (as defined by lumins).

         D.    Displays shall not emulate traffic control devices.

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

      (6)   Temporary signs shall not be illuminated.

   (e)   Signs not visible from off the premises are exempt from these regulations.

   (f)   All permanent signs shall be erected entirely on private property with no part of said sign extending over the public street or right of way.

(Ord. 9740-19. Passed 11-18-19.)

   (a)    The following sign regulations are established for residential uses in the R-1 District. No permit shall be required for the following signs:

      (1)   Permanent Signs.

         A.    One permanent free-standing sign not more than two (2) square feet in area nor four (4) feet in height.

         B.    Two permanent free-standing signs, neither of which shall be more than one (1) square foot in area nor three (3) feet in height.

      (2)    Temporary Signs.

         A.    A total of twelve (12) square feet of temporary signs not more than four (4) feet in height. No single sign shall be larger than six (6) square feet. The total number of signs is not limited provided the signs are in compliance with the maximum amount of area permitted.

         B.    One temporary free-standing sign not exceeding thirty-two (32) square feet in area nor six (6) feet in height may be erected during active construction of a residential subdivision development, provided that no such sign shall be displayed for longer than two (2) years.

       (3)   No sign permitted by this section shall be illuminated.

      (4)   No sign shall be erected closer than fifteen (15) feet from the pavement of a street or within six (6) feet of any property line.

   (b)    The following sign regulations are established for non-residential uses in the R-1 District. Permits shall be required for the following signs:

      (1)    Permanent Signs.

         A.    Freestanding Signs.

            1.    One permanent free-standing sign not more than twenty (20) square feet in area nor six (6) feet in height.

            2.    Two permanent free-standing signs, neither of which shall be more than one (1) square foot in area nor three (3) feet in height.

            3.    Two (2) Directional signs not more than three (3) square feet in area nor three (3) feet in height each.

         B.   Wall Signs.

            1.    One per street frontage not to exceed forty (40) square feet in area.

      (2)    Temporary Signs.

         A.    One temporary wall banner not to exceed thirty- two (32) square feet may be displayed for no longer than thirty (30) consecutive days. No more than four (4) temporary wall banners may be displayed in any one year.

         B.    A total of twelve (12) square feet of temporary freestanding signs not more than four (4) feet in height. No single sign shall be larger than six (6) square feet. The total number of signs is not limited provided the signs are in compliance with the maximum amount of area permitted.

      (3)   No sign shall be erected closer than ten (10) feet from the street right of way line or within three (3) feet of any property line. Signs shall not obstruct the visibility at street comers.

      (4)   Permanent signs permitted by this section may be externally illuminated provided the external illumination of the sign shall not be of excessive brightness and shall be designed and shielded so as to prevent glare and minimize light trespass onto adjacent properties and to prevent view of the light source from any adjoining residential property and/or vehicles traveling on public rights-of-way.

         (Ord. 9740-19. Passed 11-18-19.)

   (a)    The following sign regulations are established for residential uses in the R-2, R-3 and R-4 Districts. Permits shall be required for the following signs:

      (1)    Permanent Signs.

         A.    Freestanding Signs

            1.    One (1) permanent free-standing sign not greater than twenty-four (24) square feet in area nor six (6) feet in height shall be permitted at each entrance to a Multiple Family or townhouse development.

            2.    Two permanent free-standing signs, neither of which shall be more than one (1) square foot in area nor three (3) feet in height.

            3.    Two (2) Directional signs not more than three (3) square feet in area nor three (3) feet in height each.

         B.    Wall Signs

            1.   One per street frontage not to exceed forty (40) square feet in area.

       (2)    Temporary Signs.

         A.    A total of twelve (12) square feet of temporary signs not more than four (4) feet in height. No single sign shall be larger than six (6) square feet. The total number of signs is not limited, provided the signs are in compliance with the maximum amount of area permitted.

         B.    One temporary free-standing sign not exceeding thirty-two (32) square feet in area nor six (6) feet in height may be erected during active construction of a residential subdivision development, provided that no such sign shall be displayed for longer than two (2) years.

      (3)    Permanent signs permitted by this section may be externally illuminated provided the external illumination of the sign shall not be of excessive brightness and shall be designed and shielded so as to prevent glare and minimize light trespass onto adjacent properties and to prevent view of the light source from any adjoining residential property and/or vehicles traveling on public rights-of-way.

      (4)   No sign shall be erected closer than fifteen (15) feet from the street right of way line or within six (6) feet of any property line. Signs shall not obstruct the visibility at street comers.

   (b)    The following sign regulations are established for non-residential uses in the R-2, R-3 and R-4 Districts:

      (1)    Permanent Signs.

         A.    Freestanding Signs.

            1.    One permanent free-standing sign not more than twenty (20) square feet in area nor six (6) feet in height.

            2.    Two permanent free-standing signs, neither of which shall be more than one (1) square foot in area nor three (3) feet in height.

            3.    Two (2) Directional signs not more than three (3) square feet in area nor three (3) feet in height each.

         B.   Wall Signs

            1.    One per street frontage not to exceed forty (40) square feet in area.

      (2)   Temporary Signs.

         A.    One temporary wall banner not to exceed thirty-two (32) square feet may be displayed for no longer than 30 consecutive days. No more than four (4) temporary wall banners may be displayed in any one year.

         B.    A total of twelve (12) square feet of temporary freestanding signs not more than four (4) feet in height. No single sign shall be larger than six (6) square feet. The total number of signs is not limited provided the signs are in compliance with the maximum amount of area permitted.

      (3)    No sign shall be erected closer than ten (10) feet from the street right of way line or within three (3) feet of any property line. Signs shall not obstruct the visibility at street comers.

      (4)    Permanent Signs permitted by this section may be externally illuminated provided the external illumination of the sign shall not be of excessive brightness and shall be designed and shielded so as to prevent glare and minimize light trespass onto adjacent properties and to prevent view of the light source from any adjoining residential property and/or vehicles traveling on public rights-of-way.

         (Ord. 9740-19. Passed 11-18-19.)

   (a)   The following sign regulations are established for uses in the BP and B-1 District:

      (1)   Area of Signage. The total area of all permanent signs for each use, building, or land under common ownership or control shall not exceed three (3) square feet for each lineal foot of the building wall or facade which faces the principal street or contains the main entrance.

      (2)   Permanent Signs.

         A.    Freestanding.

            1.   Each building is permitted one pole sign. Such sign shall not exceed sixteen (16) feet in height, and the lowest horizontal projecting feature of the sign shall not be less than eight and one-half (8.5) feet above grade. The pole sign shall not exceed forty (40) square feet in area. Signs shall not be located closer than five (5) feet to a front or side property line.

            2.    Properties that are at least 100 feet in width and contain a building that is set back at least twenty-five (25) feet from the street right of way line may install a ground sign. Such ground sign shall be set back a minimum of five (5) from the street right of way line and shall not exceed eight (8) feet in height. Ground signs shall not exceed forty (40) square feet in area. The ground sign shall be in lieu of a pole sign.

            3.    Multi-tenant buildings that contain over 40,000 square feet under common ownership and control, having shared parking and access, shall be permitted one (I) permanent free-standing sign, provided that such sign shall not be more than sixty-four (64) square feet in area nor twenty (20) feet in height. Signs shall not be located closer than five (5) feet to a front or side property line.

            4.    Properties that have multiple freestanding buildings on the same parcel and have a shared entrance and exit shall be permitted one pole or ground sign for each building, provided such building is a minimum of 2,500 square feet in gross floor area. Each sign shall be in conformance with the requirements of this section.

            5.    Signs in B-1 District may be illuminated only in conformance with Section 1949.13.

         B.    Wall Signs.

            1.    The maximum sign area for a wall sign shall be two (2) square feet per one (1) linear foot of store front.

            2.    Buildings with frontage on two (2) or more public streets shall be permitted an additional sign on each secondary frontage provided the sign shall not exceed twenty-five percent (25%) of the area of the sign permitted on the primary frontage. In no case shall the area of the signs exceed the total amount of signage permitted on the site.

            3.    No more than one (1) wall sign shall be permitted per building frontage or individual tenant space.

            4.    Wall signs shall be affixed flat to the wall of the building and not project more than one (1) foot.

             5.    Signs in the B-1 District may be illuminated only in conformance with Section 1949.13.

         C.    Marquee signs.

            1.    Marquee signs shall not exceed an area equal to twenty-five percent (25%) of the face of the marquee on which the sign is affixed.

            2.    Marquee signs are subject to the same size regulations for wall signs. Where a marquee and wall sign are used in conjunction with each other, the total square footage of both signs must be added together to determine the total square footage permitted. Such signs shall also conform to the requirements of Section 1949.16.

         D.    Blade or Projecting Signs.

            1.    Businesses may have a blade or projecting sign located under a canopy or eave, with a maximum area of ten (10) square feet. The lower edge of such signs must be a minimum of eight feet above any underlying area accessible to pedestrians.

            2.    Projecting signs may be used in lieu of a pole or ground sign for identification and shall project no more than two (2) feet perpendicular from the wall and not more than three (3) feet vertically above the wall of the building and shall not be more than forty (40) square feet in area.

         E.    Canopy or Awning Signs.

            1.    Canopy or awning signs are subject to the same size regulations for wall signs and shall not exceed an area equal to twenty-five percent (25%) of the canopy or awning.

            2.    If a canopy or awning and wall sign are used in conjunction with each other, the total square footage of both signs must be added together to determine the total square footage permitted. Such signs shall also conform to requirements of Section 1949.16.

         F.   Directional Signs.

            1.    No more than two (2) permanent free-standing directional signs not exceeding three (3) square feet in area and located not more than three (3) feet above grade shall be permitted at each access drive to the site.

      (3)   Temporary Signs.

         A.   Temporary signs may be displayed for no longer than thirty (30) consecutive days. No more than four (4) temporary signs may be displayed in any one year. In multi- tenant buildings or properties with multiple buildings, the property owner shall be a joint applicant for all permits for each temporary sign.

         B.   Each building is permitted one temporary wall banner not to exceed thirty-two (32) square feet.

         C.   Each building is permitted one temporary free-standing sign not more than thirty-two (32) square feet in area nor six (6) feet in height.

      (4)   Window Signs.

         A.   The total area of all window signs, inclusive of both permanent and temporary, shall not exceed twenty-five (25%) percent of the area of a single window.

         B.   Illuminated signs, which may include neon, shall not be greater than ten (10%) percent of a single window.

         C.   For the purposes of this section, a single window shall include the entire area of glass with a separation between the glass panes less than four (4") inches.

      (5)   "A" Frame or Sandwich Board Signs.

         A.   "A" Frame or Sandwich Board signs shall be limited to two (2) feet in width and three (3) feet in height.

         B.   Businesses are permitted one (l) “A" Frame or Sandwich Board sign which must be located on the property on which the business is located.

         C.   All "A" Frame or Sandwich Board signs must be removed at the end of each business day and may only be displayed during the posted hours the business is open.

         D.   “A" Frame or Sandwich Board signs shall not be located on the public sidewalk or within the right-of-way.

         E.   Such signs shall be located not more than thirty-five (35) feet from the entrance to the business and shall not block sight visibility from a public street or driveway.

         F.   Signs located on private sidewalks or pedestrian paths must provide a minimum of five (5) feet clear area for passage of pedestrians.

         G.   For multi-tenant commercial buildings, one (1) sign per tenant is permitted with a minimum of twenty (20) feet separation maintained between signs.

         H.    No attachments, illumination, banners, balloons, ribbons, flags or moving parts are permitted with the sign.

            (Ord. 9740-19. Passed 11-18-19.)

   (a)    The following sign regulations are established for uses in the B-2 District:

      (1)   Area of Signage. The total area of all permanent signs for each use, building, or land under common ownership or control shall not exceed three (3) square feet for each lineal foot of the building wall or facade which faces the principal street or contains the main entrance.

      (2)   Permanent Signs.

         A.    Freestanding.

            1.    Each building is permitted one pole sign. Such sign shall not exceed sixteen (16) feet in height, and the lowest horizontal projecting feature of the sign shall not be less than eight and one-half (8.5) feet above grade. The pole sign shall not exceed forty (40) square feet in area. Signs shall not be located closer than five (5) feet to a front or side property line.

            2.    Properties that are at least 100 feet in width and contain a building that is set back at least twenty-five (25) feet from the street right if way line may install a ground sign. Such ground sign shall be set back a minimum of five (5) from the street right of way line and shall not exceed eight (8) feet in height. Ground signs shall not exceed forty (40) square feet in area. A ground sign shall be in lieu of a pole sign.

            3.    Multi-tenant buildings that contain over 40,000 square feet under common ownership and control, having shared parking and access, shall be permitted one (1) permanent free-standing sign, provided that such sign shall not be more than sixty-four (64) square feet in area nor twenty (20) feet in height. Signs shall not be located closer than five (5) feet to a front or side property line.

            4.    Signs in B-2 Districts may be illuminated only in conformance with Section 1949.13.

         B.    Wall Signs.

            1.    The maximum sign area for a wall sign shall be two (2) square feet per one (1) linear foot of store front.

            2.    Buildings with frontage on two (2) or more public streets shall be permitted an additional sign on each secondary frontage provided the sign shall not exceed twenty-five percent (25%) of the area of the sign permitted on the primary frontage. In no case shall the area of the signs exceed the total amount of signage permitted on the site.

            3.    No more than one (1) wall sign shall be permitted per building frontage or individual tenant space.

            4.    Wall signs shall be affixed flat to the wall of the building and not project more than one (1) foot.

            5.    Signs in B-2 Districts may be illuminated only in conformance with Section 1949.13.

         C.   Marquee signs.

            1.    Marquee signs shall not exceed an area equal to twenty-five percent (25%) of the face of the marquee on which the sign is affixed.

            2.    Marquee signs are subject to the same size regulations for wall signs. Where a marquee and wall sign are used in conjunction with each other, the total square footage of both signs must be added together to determine the total square footage permitted. Such signs shall also conform to the requirements of Section 1949.17.

         D.    Blade or Projecting Signs.

            1.    Businesses may have a blade or projecting sign located under a canopy or eave, with a maximum area of ten (10) square feet. The lower edge of such signs must be a minimum of eight feet above any underlying area accessible to pedestrians.

            2.    Projecting signs may be used in lieu of a pole or ground sign for identification and shall project no more than two (2) feet perpendicular from the wall and not more than three (3) feet vertically above the wall of the building and shall not be more than forty (40) square feet in area.

         E.   Canopy or Awning Signs.

            1.   Canopy or awning signs are subject to the same size regulations for wall signs and shall not exceed an area equal to twenty-five percent (25%) of the canopy or awning.

            2.    If a canopy or awning and wall sign are used in conjunction with each other, the total square footage of both signs must be added together to determine the total square footage permitted. Such signs shall also conform to requirements of Section 1949.17.

         F.    Directional Signs.

            1.    No more than two (2) permanent free-standing directional signs not exceeding three (3) square feet in area and located not more than three (3) feet above grade shall be permitted at each access drive to the site.

      (3)   Temporary Signs.

         A.    Temporary signs may be displayed for no longer than thirty (30) consecutive days. No more than four (4) temporary signs may be displayed in any one year. In multi-tenant buildings or properties with multiple buildings, the property owner shall be a joint applicant for all permits for each temporary sign.

         B.   Each Building is permitted one temporary wall banner not to exceed thirty-two (32) square feet.

         C.   Each Building is permitted one temporary free-standing sign not more than thirty-two (32) square feet in area nor six (6) feet in height.

      (4)   Window Signs.  

         A.   The total area of all window signs, inclusive of both permanent and temporary, shall not exceed twenty-five (25%) percent of the area of a single window.

          B.    Illuminated signs, which may include neon, shall not be greater than ten (10%) percent of a single window.

         C.   For the purposes of this section, a single window shall include the entire area of glass with a separation between the glass panes less than four (4") inches.

      (5)   "A" Frame or Sandwich Board Signs.

         A.   "A" Frame or Sandwich Board signs shall be limited to two (2) feet in width and three (3) feet in height.

         B.   Businesses are permitted one (1) "A" Frame or Sandwich Board sign which must be located on the property on which the business is located.

         C.   All "A" Frame or Sandwich Board signs must be removed at the end of each business day and may only be displayed during the posted hours the business is open.

         D.   "A" Frame or Sandwich Board signs shall not be located on the public sidewalk or within the right-of-way.

         E.   Such signs shall be located not more than thirty-five (35) feet from the entrance to the business and shall not block sight visibility from a public street or driveway.

         F.   Signs located on private sidewalks or pedestrian paths must provide a minimum of five (5) feet clear area for passage of pedestrians.

         G.   For multi-tenant commercial buildings one (I) sign per tenant is permitted with a minimum of twenty (20) feet separation maintained between signs.

          H.   No attachments, illumination, banners, balloons, ribbons, flags or moving parts are permitted with the sign.

            (Ord. 9740-19. Passed 11-18-19.)

   (a)    The following sign regulations are established for uses in the 1-1 and 1-2 District:

      (1)   Permanent Signs.

         A.    Freestanding.

            1.    Each building is permitted one ground sign. Such sign shall not exceed eight (8) feet in height. The ground sign shall not exceed forty (40) square feet in area. Signs shall not be located closer than five (5) feet to a front or side property line.

            2.    Multi-tenant buildings that contain over 40,000 square feet under common ownership and control, having shared parking and access, shall be permitted one (1) permanent ground sign, provided that such sign shall not be more than sixty- four (64) square feet in area nor ten (10) feet in height. Signs shall not be located closer than five (5) feet to a front or side property Line.

            3.    Properties that have multiple freestanding buildings on the same parcel and have a shared entrance and exit shall be permitted one ground sign for each building located on such property in conformance with the requirements of this section.

            4.    Signs in the C-2 District may be illuminated only in conformance with Section 1949.13.

         B.    Wall Signs.

            1.    The maximum sign area for a wall sign shall be two (2) square feet per one (1) linear foot of building frontage or individual building space.

            2.    Buildings with frontage on two or more public streets shall be permitted an additional sign on each secondary frontage provided the sign shall not exceed twenty-five percent (25%) of the area of the sign permitted on the primary frontage. In no case shall the area of the signs exceed the total amount of signage permitted on the site.

            3.    No more than one (1) wall sign shall be permitted per building frontage or individual tenant space.

            4.    Wall signs shall be affixed flat to the wall of the building and not project more than one (1) foot.

            5.    Signs in the C-2 District may be illuminated only in conformance with Section 1949.13.

         C.    Other signs.

            1.   Marquee, Blade or Projecting signs shall not be permitted in the C-2 District.

         D.    Canopy or Awning Signs.

            1.    Canopy or awning signs are subject to the same size regulations for wall signs and shall not exceed an area equal to twenty-five percent (25%) of the canopy or awning.

            2.    If a canopy or awning and wall sign are used in conjunction with each other, the total square footage of both signs must be added together to determine the total square footage permitted. Such signs shall also conform to requirements of Section 1949.18.

         E.   Directional Signs.

            1.    No more than two (2) permanent free-standing directional signs not exceeding three (3) square feet in area and located not more than three (3) feet above grade shall be permitted at each access drive to the site.

      (2)   Temporary Signs.

          A.    Temporary signs may be displayed for no longer than thirty (30) consecutive days. No more than four (4) temporary signs may be displayed in any one year.

         B.   Each building is permitted one temporary wall banner not to exceed thirty-two (32) square feet.

         C.   Each building is permitted one temporary free-standing sign not more than thirty-two (32) square feet in area nor six (6) feet in height.

      (3)   Window Signs.

         A.   The total area of all window signs, inclusive of both permanent and temporary, shall not exceed twenty-five (25%) percent of the area of a single window.

         B.   Illuminated signs, which may include neon, shall not be greater than ten (10%) percent of a single window.

         C.   For the purposes of this section, a single window shall include the entire area of glass with a separation between the glass panes less than four (4") inches.

      (4)   "A" Frame or Sandwich Board Signs.

         A.   "A" Frame or Sandwich Board signs shall be limited to two (2) feet in width and three (3) feet in height.

         B.   Businesses are permitted one (1) "A" Frame or Sandwich Board sign which must be located on the property on which the business is located.

         C.   All "A" Frame or Sandwich Board signs must be removed at the end of each business day and may only be displayed during the posted hours the business is open.

         D.   "A" Frame or Sandwich Board signs shall not be located on the public sidewalk or within the right-of-way.

         E.   Such signs shall be located not more than thirty-five (35) feet from the entrance to the business and shall not block sight visibility from a public street or driveway.

         F.   Signs located on private sidewalks or pedestrian paths must provide a minimum of five (5) feet clear area for passage of pedestrians.

         G.   For multi-tenant commercial buildings, one (1) sign per tenant is permitted with a minimum of twenty (20) feet separation maintained between signs.

         H.    No attachments, illumination, banners, balloons, ribbons, flags or moving parts are permitted with the sign.

            (Ord. 9740-19. Passed 11-18-19.)

   Accessory signs in the B-2A Automotive Business District shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with these regulations.

   (a)   Functional Types Permitted. Business signs, development signs of a temporary nature, directional signs, identification signs, informational signs, nameplates, political signs, real estate signs, temporary signs, and bulletin boards on the lots of public or semi-public institutions.

    (b)   Structural Types Permitted. Awning, canopy, ground, pole, wall and window signs. Projecting signs may be permitted if approved by the Planning Commission. Portable signs only permitted while permanent signs are being constructed and in place, and for no longer than thirty (30) days.

   (c)   Allowable Area and Number Permitted.

      (1)   Maximum Sign Face Area. The maximum total size of all business signs for each lot having street frontage shall be based on the following:

         A.   Up to 250 feet of frontage: 1 sq. ft. for each linear foot of frontage.

         B.   251-500 feet of frontage: 1 sq. ft. for each linear foot of frontage up to 250 feet, and thereafter 0.75 sq. ft. for each additional linear foot of frontage.

         C.   Over 500 feet of frontage: 438 sq. ft. of sign area for the first 500 linear feet of frontage plus 0.5 sq. ft. for each additional linear foot of frontage.

      However, in no case shall the size of signs be required to be less than a minimum of thirty (30) square feet in total area.

   (d)   Structural Types Permitted.

      (1)   Bulletin Boards. One bulletin board not exceeding thirty (30) sq. ft. in area, or ten (10) feet in height may be located on the premises of a public charitable or religious institution, but not less than fifteen (15) feet from a street right-of-way line; illumination shall be permitted.

       (2)   Canopy Signs. A sign attached to the underside of the canopy at a ninety (90) degree angle to the building, intended for pedestrian visibility is permitted. The total area of one face of the sign must not exceed five (5) sq. ft.; the vertical dimension of the sign must not exceed twelve (12) inches, and the lowest structural member must not be less than eight (8) feet above the sidewalk grade.

      (3)   Development Signs. One temporary development sign not exceeding eighty (80) sq. ft. in area and ten (10) feet in height shall be permitted on the lot where a building is under construction. Signs shall be removed on the issuance of a final occupancy permit or one (1) year after the permit is issued, whichever date occurs first. Development signs shall not be erected in the public right-of-way.

      (4)   Direction Signs. Directional signs each not exceeding six (6) sq. ft. in area shall be permitted on any building or lot adjacent to driveways, but not less than five (5) feet from any lot or street right-of-way line.

      (5)   Ground Signs. Ground signs are not to exceed 140 sq. ft. of area.

      (6)   Nameplates. One nameplate not exceeding one (1) sq. ft. in area for each store or office unit in the building, but not exceeding a total of eight (8) nameplates per building, shall be permitted.

      (7)   Pole Signs. A maximum of one (1) pole sign may be located within a required yard of a business lot. Each face of the pole sign shall not exceed 200 sq. ft. of area. No part of the sign shall project over the public sidewalk or right-of-way. When the sign is in proximity to a vehicular access drive, a protective barrier shall be provided around the base of the pole sign structure.

      (8)   Pole Signs at Rockside Road. One pole sign may be located within a required yard of a business lot. Each face of the pole sign shall not exceed two hundred (200) sq. ft. in area; no part of the sign shall project over the public sidewalk or right-of-way. When the sign is in proximity to a vehicular access drive, a protective barrier shall be provided around the base of the pole sign structure. The area of pole signs on Rockside Road shall not be included in the maximum total area as described in Section 1949.19(c)(1).

      (9)   Real Estate Signs. One (1) temporary double face freestanding or wall sign advertising the sale, lease or rental of the premises or part of the premises on which the signs are displayed, shall not exceed forty (40) sq. ft.

      (10)   Projecting Signs. May be permitted up to a twenty-four (24) inch width in cases where innovative design is demonstrated, and where no potential safety hazard to motorists or pedestrians is created, subject to review and approval by the Building Commissioner if approved by the Building Commissioner with the concurrence of the Secretary of the Planning Commission. (See Section 1949.05(i)).

      (11)   Awning Signs. Awning signs shall be permitted. The total area of one (1) face of any sign shall not exceed forty (40) sq. ft. and the vertical dimension of the sign shall not exceed twenty-four (24) inches. Awning signs shall be measured from the top to the bottom of the lettering, and from the beginning of the first letter to the end of the last letter of each individual word.

      (12)   Roof Signs. Prohibited.

      (13)   Permanent Window Signs. Permanent window signs shall be permanently affixed to the windows of a building by painting, or by the mechanical connection of a sign of rigid or durable construction. Permanent window signs shall not occupy an area larger than thirty percent (30%) of the total area of the window, and shall be included in the maximum sign face area for the business. The design and color of permanent window signs shall be approved by the Building Commissioner with the concurrence of the Secretary of the Planning Commission. Signs obscuring the glass in a door or sidelight shall not be permitted. Signs together with the windows in which they are displayed, shall at all times be maintained in a neat, clean and attractive condition.

      (14)   Temporary Signs Including Temporary Window Signs.  

         A.   Temporary Signs: Temporary signs (including flags, banners and balloons) announcing sales, new products and special business events shall be permitted on the outside of buildings and in the yards where other signs are permitted (in addition to the permanent business signs) provided that such signs do not exceed thirty percent (30%) of the maximum area permitted for each establishment. Temporary signs may be displayed for a short term not to exceed thirty (30) days at any one time and a total of sixty (60) days per year. The size and color of temporary signs shall comply with the requirements for permanent signs, and shall be approved by the Building Commissioner or the Planning Commission. Flashing signs or signs illuminated in such a way as to be distracting to motorists shall not be permitted. Temporary signs shall not be erected in the public right-of-way.

         B.   Windows Signs. Temporary window signs may be affixed to either the exterior or the interior of the surface of the window, and shall be permitted to be displayed for a short period of time not to exceed thirty (30) days at any one time or a total of sixty (60) days per year. The area of all temporary window signs may not exceed fifteen percent (15%) of the total window space, and no single sign shall be larger than forty inches by fifty-four inches (40" x 54"). The total of all window signs, both temporary and permanent, may not exceed the total of thirty percent (30%) of the total window space. Window signs shall be compatible with the surrounding area in design and color, and be approved by the Building Commissioner.

      (15)   Wall Signs. Wall signs shall be mechanically applied or painted onto a plain wall surface of a structure. A plain wall surface is a surface of either brick wood, masonry, EIFS or other material without or exclusive of windows, doors, cornices or other decorative architectural features. Wall signs used for the primary identification sign on the main building facade shall not exceed 200 sq. ft. in size, nor more than ten percent (10%) of the available wall area. One secondary sign which will be permitted on the main facade of the structure and all wall signs on the sides of the structure shall not exceed sixty (60) sq. ft. nor more than ten percent (10%) of the available wall area collectively in size. All wall signs shall be professionally manufactured or painted. Wall signs may not extend higher than the roof line of the structure, nor extend past the outside corners of the walls of the structure.

      (16)   Billboards. Prohibited.

   (e)   Supplementary Area and Location Standards.  

      (1)    Side and Rear Entrances. In cases where the office or business building has an entrance from the side street of a corner lot, or has a back entrance from a parking lot open to the public, additional sign area equal to twenty-five percent (25%) of that permitted on the front of the building may be used over such entrance.

      (2)   Vacant Lots. No sign other than a real estate sign shall be placed on vacant lots. The real estate sign shall comply with Section 1949.19(d)(9).

   (f)   Portable Signs. Portable signs shall be permitted in B-2A districts, subject to the limitations as described for temporary signs. Blinking, flashing or distracting lighting is not permitted on temporary signs. Signs may not be placed in the right-of-way.

      (Ord. 9740-19. Passed 11-18-19.)

   Accessory signs in the H-D HISTORIC DOWNTOWN Business District shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with these regulations. All signs in the HD district, including window signs, shall be reviewed by the Historical Preservation Board. The Historic Preservation Board shall consider whether:

   (a)   The proposed sign will be harmonious with and in accordance with the general character of the district;

   (b)   The proposed sign will be compatible with the design and materials of the building on which the sign is to be located;

   (c)   The proposed sign will not be detrimental to adjacent property or property in the immediate vicinity.

   (d)   The use of window frame lighting, whether by a continuous light strip or other similar product illuminating the perimeter of one (1) or more individual window panes or a group of window panes, is prohibited.

      (Ord. 9740-19. Passed 11-18-19.)

   (a)    Signs which were legally in existence prior to the effective date of this Chapter, but which do not conform with the provisions hereof, may be maintained as a matter of right provided that such signs comply with the provisions of Part Fourteen of the Building and Housing Code regarding safety, maintenance, and repair.

   (b)    Normal maintenance such as painting, cleaning, or minor repairs to the sign face shall be permitted on all such nonconforming signs.

   (c)    Relocation or replacement of a nonconforming sign or any alteration in the size or structure of such sign or a change in the mechanical facilities, type of illumination or sign face material, shall cause the sign to lose its status as legally nonconforming and said sign shall be immediately brought into compliance with this Chapter.

   (d)    If more than fifty percent (50%) of the sign area is damaged, it shall be repaired to conform to this Chapter.

   (e)    If a non-conforming sign ceases to be used for any reason for a continuous period of six (6) months, the non-conforming sign shall be eliminated and the sign shall thereafter be required to comply with the requirements of this Chapter.

   (f)    For the purpose of amortization, these signs may be continued from the effective date of this Chapter for a period not to exceed ten (10) years.

(Ord. 9740-19. Passed 11-18-19.)

    A variance from the strict application of the provisions of this chapter may be granted by the Board of Zoning Appeals in regard to an existing nonconforming sign or a new sign to be installed, erected, constructed or painted, if the Board finds that requiring strict compliance with the provisions of this chapter may impose an undue hardship and that the granting of the variance from the provisions of this chapter will not depreciate or damage neighboring property, will not create a safety hazard and will not be contrary to the purposes of the chapter. The procedure for applying for variance and the hearing thereon shall be the same as in cases involving zoning variances. (Ord. 9740-19. Passed 11-18-19.)

   (a)    All signs and sign structures shall be maintained in a safe and attractive condition. Signs which no longer serve the purpose for which they were intended, or which have been abandoned or are not maintained in accordance with this chapter and other applicable regulations of the City shall be removed by the latest permit holder, property owner or by the City at the expense of such permit holder (tax lien). Obsolete signs that identify a business that has closed, moved or ceased to operate or that identify a product or service that does not continue to be available shall be removed by either the business owner or the building owner within thirty (30) days of the action that renders the sign obsolete.

   (b)    Whenever the removal or maintenance of any sign has been ordered by the Building Commissioner, the person, firm or corporation who erected such sign or on whose premises such sign or display structure has been erected, affixed or attached shall remove or maintain such sign within five (5) days after receiving such notice. In the event of noncompliance, the Building Commissioner may remove or cause to be removed or maintain such sign at the expense of the person, firm or corporation who erected such sign or on whose premises it was erected, affixed or attached; each such person, firm or corporation shall be individually and separately liable for the expense incurred in the removal of such sign.

(Ord. 9740-19. Passed 11-18-19.)

   A person violating this chapter is guilty of a minor misdemeanor and shall be subject to a fine of not more than one hundred and fifty dollars ($150.00) per offense. A company or organization convicted of this offense shall be guilty of a minor misdemeanor and be subject to the organizational minor misdemeanor fine threshold set forth in Section 698.04 of not more than one thousand dollars ($1,000.00) per offense.

(Ord. 9740-19. Passed 11-18-19.)

   The requirements and regulations specified in this Planning and Zoning Code, hereinafter the "Code", shall be subject to the additional requirements, exceptions, modifications and interpretations in the following sections.

(Ord. 7139-99. Passed 7-6-99.)

   Height limitations stipulated elsewhere in this Code shall not apply:

   (a)   To barns, silos or other farm buildings or structures on farms, provided these are not less than fifty feet (50 ft.) from every lot line; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, masts and aerials; to parapet walls extending not more than four feet (4 ft.) above the limiting height of the building. However, if, in the opinion of the Building Commissioner, such structures would adversely affect adjoining or adjacent properties, such greater height shall not be authorized by the Board of Appeals.

   (b)   To places of public assembly such as churches, schools, and other permitted public and semipublic buildings not to exceed six (6) stories or seventy-five feet (75 ft.).

   (c)   To bulkheads, conveyors, derricks, elevator penthouses, water tanks, monitors and scenery lofts; to monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process required a greater height. Where a permitted use requires, greater heights than specified may be authorized by the Board of Appeals.

      (Ord. 7139-99. Passed 7-6-99.)

   (a)   Front yard requirements do not apply to bay windows or balconies occupying in the aggregate not more than one-third (1/3) of the front wall, provided that these projections come entirely within planes drawn from either main corner of the front wall, making an interior angle of twenty-two and one-half (22-1/2) degrees in the horizontal plane with the front wall; to chimneys, flues, belt courses, leaders, sills, pilasters, uncovered porches or similar features not over three feet (3 ft.) high above the average finished grade and distant five feet (5 ft.) from every lot line.

   (b)   Open ornamental fences are permitted if not more than three and one-half feet (3- 1/2 ft. ) in height adjacent to the front entrance of the building and not more than eight feet (8 ft.) in front of the building and not more than eight feet (8 ft.) in front of the building line. Such fence shall not extend more than fifty percent (50%) of the width of the lot and shall be placed parallel to the front building wall.Plantings and shrubbery planted more than eight feet (8 ft.) in front of the building line shall not exceed three and one-half feet (3-l/2 ft.) in height and plantings and shrubbery shall not occupy any part of the front yard area adjacent to the front property line and extending back fifteen feet (15 ft.) therefrom.

   (c)   In any district where the average depth of two (2) or more existing front yards on lot within one hundred feet (100 ft.) of the lot in question and within the same block front is less or greater than the least front yard depth prescribed, front yards may be varied. The depth of the front yard on such lot shall not be less than the average depth of such existing front yards or the average depth on the two (2) lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on a lot in any residential district shall be at least ten feet (10 ft.) and need not exceed sixty feet (60 ft.).

(Ord. 7139-99. Passed 7-6-99.)

   (a)   Along any district boundary line, any abutting side yard on a lot in the less restricted district shall have a least width equal to that required in the more restricted district. Where a lot in any industrial or business district abuts a lot in a residential district, the side yard shall be increased by three feet (3 ft.) for each story that the building proposed on such lot exceeds the height limit of such residential district.

   (b)   Side yards shall be increased in width by two inches (2 in.) for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds forty feet (40 ft.) in any residential district, or fifty feet (50 ft.) in any R-2 District.

   (c)   Side yards may be reduced by three inches (3 in.) from the otherwise required least width of each side yard for each foot by which a lot of record at the time of enactment of this Code is narrower than the lot width specified for the district in which the lot is located, in the case of buildings not higher than two and one-half (2-1/2) stories, and in case the owner of record does not own any adjoining property. However, and irrespective of the provisions of subsection (f)(1) hereof, no side yard shall be narrower at any point than three feet (3 ft.) on one side and seven feet (7 ft.) on the other side except where an attached garage is provided each side yard may be three feet (3 ft.).

   (d)   Side yards may be measured to the center line of adjoining alleys, but in no case shall a building or structure for which a side yard is required be erected within five feet (5 ft.) of such alley.

   (e)   On a corner lot the least width of a side yard along the side street lot line shall be equal to ten percent (10%) of the average width of the lot or five feet (5 ft.), whichever is greater.

   No part of any accessory building shall be nearer a side street lot line than the least depth of any front yard required along such side street.

   (f)   Structures or projections into side yards may be permitted as follows: fences, planting or walls not over five feet (5 ft.) above the average natural grade; fire escapes, three feet (3 ft.) from the side lot line; bays and balconies not more than three feet (3 ft.) from the building provided these projections are entirely within planes drawn from either main corner of the side wall, making an interior angle of twenty-two and one-half (22-1/2) degrees in the horizontal plane with the side wall. The sum of the lengths of such projection shall not exceed one-third (1/3) of the length of the wall of the main building.

      (l)   Chimneys, flues, belt courses, leaders, sills, pilasters and lintels, ornamental features, cornices, eaves, gutters and the like into or over a required side yard not more than one and one-half feet (l-l/2 ft.).

      (2)   Terraces, steps, uncovered porches, stoops or similar features, not higher than the elevation of the ground story of the building and three feet (3 ft.) distant from a side lot line.

         (Ord. 7139-99. Passed 7-6-99.)

   (a)   Rear yards may be reduced by three inches (3 in.) from the required least depth for each foot by which a lot at the time of enactment of this Code is less than one hundred feet (100 ft.) deep, in the case of a building not higher than two and one-half (2-1/2) stories, and in case the owner of record does not own adjoining property to the rear. However, no required rear yard shall be less than ten feet (10 ft.) deep.

   (b)   Rear yards may be measured to the center line of adjoining alleys but in no case shall a building or structure be erected within ten feet ( 10 ft.) of such an alley.

   (c)   Structures or projections into rear yards may be permitted as follows: fences, planting or walls not over six feet (6 ft.) above the average natural grade; fire escapes, six feet (6 ft.); bays and balconies, not more than three feet (3 ft.) provided these projections are entirely within planes drawn from either main corner of the rear wall, making an interior angle of twenty-two and one half (22-1/2) degrees in the horizontal plane with the rear wall. The sum of the lengths of such projections shall not exceed one-half ( 1/2) of the width of the rear wall; also, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like into or over a required rear yard not more than one and one-half feet (1-1/2 ft.).

(Ord. 7139-99. Passed 7-6-99.)

   (a)   As used in this Chapter, “fence” means any structure as defined in Section 1605.19 of the Ohio Basic Regional Building Code, which structure encloses or partially encloses a yard or a part of a yard.

   (b)   As used in this chapter, “living fence” means any living plant including without limitation, hedges, shrubs, bushes, trees or plants so arranged or growing in such manner as to enclose or partially enclose a yard or part of a yard.

   (c)   Rear property line as referred to in this section relates to the absolute rear line and such side or other oblique property lines that project therefrom to the rear of the residence thus constituting a rear yard.

   (d)   Side property line as referred to in this section relates to side lines that are parallel to and the same length as the residence on the lot.

(Ord. 7185-99. Passed 12-20-99.)

   (a)   No fence shall hereafter be erected, constructed, altered, relocated or rebuilt by any person until a permit therefor has been issued by the Building Inspector upon an application. Such permit shall become void if such fence is not erected, constructed, altered, relocated or rebuilt within one hundred twenty (120) days from the date said permit is issued. The fee for said permit shall be as provided in Section 1305.16(i) of the Building Code. This section shall also be construed to require a permit for a living fence. Permit fee for living fence shall be waived. A living fence shall maintain a two foot (2 ft.) setback within the lot line.

   (b)   Application for permit. Applicants for a permit to erect, construct, alter, relocate or rebuild a fence shall file with the Building Commissioner, an application which shall contain the following information:

      (1)   A plot plan of the lot or parcel drawn by a registered surveyor, showing:

         A.   The exact location of all structures located on the subject lot or parcel; and

         B.   The exact location of the proposed fence in relation to:

            1.   The structures on the subject lot or parcel;

            2.   The boundary lines of subject lot or parcel;

            3.   The right of way of any street abutting subject lot or parcel;

            4.   The distance from any other fence or structure on property abutting the subject lot or parcel;

            5.   The locations of all driveways abutting the subject lot or parcel.

      (2)   The complete plans and specifications for the proposed fence to include:

         A.   Material to be used;

         B.   The design thereof;

         C.   The exact height of said fence from the ground surface along which the fence is erected.

      (3)   Completed application will be submitted to Planning Commission for review and approval.

         (Ord. 7185-99. Passed 12-20-99.)

   (a)   No fence, wall, building or portion of a building shall be erected, placed or extended above the curb level between a building line and the street line, and no living fence shall be permitted to exceed three feet (3 ft.) in height above the curb line. Open ornamental fences are permitted if not more than three and one-half feet (3 ½ ft.) in height adjacent to the front entrance of the building and not more than eight feet (8 ft.) in front of the building line. Such fence shall not extend more than fifty percent (50%) of the width of the lot and shall be placed parallel to the front building wall. Open ornamental fence may be considered and permitted for landscaping effect upon approval of Planning Commission. Whenever it appears that a fence has finished face and an unfinished back, said finished face shall at all times face the abutting property owners’ parcels.

   (b)   At an intersection as such term is hereinafter defined, or immediately adjacent to a driveway, a living fence may be permitted, provided such living fence does not obstruct the view of traffic, or the approach of trains, and permitted three foot (3 ft.) height may have to be reduced. For the purpose of this subsection, the word “intersection” shall include the intersecting of a railroad right of way, and a public thoroughfare, highway or street. Any other structures, vegetation or other obstructions at intersections are expressly prohibited. Any violation of this subsection shall be deemed a public nuisance.

   (c)   Along a rear property line or portion of a rear property line the following fences are permitted:

      (1)   Fences not in excess of six feet (6 ft.) in height as measured above the natural grade may be of any type, except as hereinafter specified.

      (2)   Must be located at least a distance equal to its height from the nearest adjacent building used in whole or part for human habitation.

      (3)   Must maintain minimum two foot (2 ft.) distance from adjacent paved driveways or access roads.

      (4)   Must maintain a distance of minimum five feet (5 ft.) from a public sidewalk. (Ord. 7185-99. Passed 12-20-99.)

   (d)   Along a side property line or portion of a side property line, the following fences are permitted:

      (1)   Fences not in excess of six feet (6 ft.) in height as measured above the natural grade may be of any type except as hereinafter specified.

         (Ord. 8977-12. Passed 7-16-12.)

      (2)   Must be located at least a distance equal to its height from an adjacent building which is used in whole or in part as a place of human habitation.

      (3)   Must maintain minimum two foot (2 ft.) distance from adjacent paved driveways or access roads.

      (4)   Must maintain a distance of minimum 5 feet (5 ft.) from a public sidewalk.

         (Ord. 7185-99. Passed 12-20-99.)

      (5)   On corner lots, no fence, living or structured is permitted in side yards abutting the intersecting street unless approved in height and distance by the City Manager with recommendations from the Building Commissioner and Police Chief. (Ord. 9082-13. Passed 6-10-13.)

   (e)   Between residential and nonresidential property, fences may be permitted along the property line to the street line. Such fences may exceed six feet (6 ft.) measured above the natural grade and must be constituted so that at least fifty percent (50%) of each lineal foot of said fence is open for through passage of light and air.

   (f)   No electrical fence shall be permitted anywhere in the City.

   (g)   Barbed wire fences are precluded in residential areas, and are permitted elsewhere only if they are fabricated of chain link topped with barb arms.

   (h)   Enclosures for swimming pools shall be regulated as provided in Section 729.11 of the Codified Ordinances.

   (i)   Fences within B or I Districts are defined in Title Seven of the Planning and Zoning Code, will be regulated by Planning Commission with reference or regards to security and/or screening requirements.

   (j)   “Snow fence” as used herein means a fence which has slats less than four inches (4 ins.) apart and which is higher than three feet (3 ft.), designed, used, constructed or maintained either for the primary purpose of or which has the effect of altering or changing the natural accumulation of snowfall upon any property in the City. No snow fence shall be erected, constructed, maintained or used in the City except upon the following conditions:

      (1)   Snow fences may be used only in the months of October, November, December, January, February and March;

      (2)   No snow fence shall be used so as to cause an artificial or unnatural accumulation of snow or drifting to accumulate on the property of another, in excess of that which would otherwise accumulate in the absence of such a fence.

      (3)   A snow fence shall be placed upon property by the owner or occupant thereof in such a manner so as to protect all abutting property owners from unnatural accumulations of snow.

      (4)   The construction, use, maintenance or operation of all snow fences in the City, in such a manner so as to cause unnatural accumulations of snow to be created upon the abutting property owners is hereby declared to be a nuisance, is hereby prohibited and declared unlawful.

      (5)   Any person having in actual use a snow fence on the date of the passage of this section shall comply with the terms of this section within ninety (90) days.

   (k)   All fences shall be maintained in good condition so as not to become unsightly, unsafe, a nuisance, or detrimental to the surrounding area.

   (l)   When an owner on any one street has a rear property line that abuts a side yard form another street, then the fence in that rear yard shall not go closer to the abutting street than the end of the building line of the structure on the property which is being improved by the fence.

(Ord. 7185-99. Passed 12-20-99.)

   Any person refused a permit by the Planning Commission may appeal that decision to the City Council. Any person found in violation of this chapter who is ordered by the Building Commissioner to comply, may appeal such decision or order to comply to the Planning Commission within ten (10) days of actually being notified of the permit denial or notice to comply. The procedure for applying for variance and the hearing thereon will be the same as in cases involving zoning variance.

(Ord. 7185-99. Passed 12-20-99.)

   Any person violating the terms and provisions of this Chapter, or having been notified by the Building Commissioner to comply within ten (10) days and fails to either appeal such order to the Planning Commission or comply, or any person who appeals to the Board and whose appeal is rejected and fails to comply within a further ten (10) day period, shall be guilty of a misdemeanor.

(Ord. 7185-99. Passed 12-20-99.)

   (a)   Statutory Authorization. Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the City Council of Bedford, State of Ohio, does ordain as follows:

   (b)   Findings of Fact. The City of Bedford has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.

   (c)   Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:

      (1)   Protect human life and health;

      (2)   Minimize expenditure of public money for costly flood control projects;

      (3)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      (4)   Minimize prolonged business interruptions;

      (5)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

      (6)   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;

      (7)   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

      (8)   Minimize the impact of development on adjacent properties within and near floodprone areas;

      (9)   Ensure that the flood storage and conveyance functions of the floodplain are maintained;

      (10)   Minimize the impact of development on the natural, beneficial values of the floodplain;

      (11)   Prevent floodplain uses that are either hazardous or environmentally incompatible; and

      (12)   Meet community participation requirements of the National Flood Insurance Program.

   (d)   Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:

      (1)   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

      (2)   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

      (3)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

      (4)   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,

      (5)   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.

   (e)   Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Bedford as identified in Section 1955.01(f), including any additional areas of special flood hazard annexed by City of Bedford.

   (f)   Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted:

      (1)   Flood Insurance Study Cuyahoga County, Ohio and Incorporated Areas and Flood Insurance Rate Map Cuyahoga County, Ohio and Incorporated Areas both effective December 3, 2010.

      (2)   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.

      (3)   Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Bedford as required by Section 1955.04(c) Subdivisions and Large Developments.

   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the City Hall at 165 Center Road, Bedford, Ohio.

   (g)   Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances including Subdivision Regulations, Zoning or Building Codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.

   (h)   Interpretation. In the interpretation and application of these regulations, all provisions shall be:

      (1)   Considered as minimum requirements;

      (2)   Liberally construed in favor of the governing body; and,

      (3)   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.

   (i)   Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Bedford, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

   (j)   Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 8688-10. Passed 9-20-10.)

   Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.

   (a)   Accessory Structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

   (b)   Appeal. A request for review of the Floodplain Administrator's interpretation of any provision of these regulations or a request for a variance.

   (c)   Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1%) chance annual flood or one-hundred (100) year flood.

   (d)   Base (100-Year) Flood Elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).

   (e)   Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

   (f)   Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

   (g)   Enclosure Below the Lowest Floor. See "Lowest Floor."

   (h)   Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.

   (i)   Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.

   (j)   Fill. A deposit of earth material placed by artificial means.

   (k)   Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

      (1)   The overflow of inland or tidal waters, and/or

      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.

   (l)   Flood Hazard Boundary Map (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.

   (m)   Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.

   (n)   Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:

      (1)   Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.

      (2)   Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.

      (3)   Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined. For areas of alluvial fan flooding, velocities also determined.

      (4)   Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.

      (5)   Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.

      (6)   Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.

      (7)   Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.

   (o)   Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.

   (p)   Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.

   (q)   Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.

The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

   (r)   Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.

   (s)   Historic structure. Any structure that is:

      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

      (3)   Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.

   (t)   Hydrologic and hydraulic engineering analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.

   (u)   Letter of Map Change (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:

      (1)   Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.

      (2)   Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.

      (3)   Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.

   (v)   Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.

   (w)   Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.

   (x)   Manufactured home park. As specified in the Ohio Administrative Code 3701-27-01, a manufactured home park means any tract of land upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.

   (y)   National Flood Insurance Program (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.

   (z)   New construction. Structures for which the "start of construction" commenced on or after the initial effective date of the City of Bedford Flood Insurance Rate Map, December 3, 2010, and includes any subsequent improvements to such structures.

   (aa)   Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio R.C. Section 111.15 as any governmental entity of the State and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the General Assembly, the Controlling Board, the Adjutant General's Department, or any court.

   (bb)   Recreational vehicle. A vehicle which is:

      (1)   Built on a single chassis,

      (2)   400 square feet or less when measured at the largest horizontal projection,

      (3)   Designed to be self- propelled or permanently towable by a light duty truck, and

      (4)   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

   (cc)   Registered Professional Architect. A person registered to engage in the practice of architecture under the provisions of Ohio R.C. 4703.01 to 4703.19.

   (dd)   Registered Professional Engineer. A person registered as a professional engineer under Ohio R.C. Chapter 4733.

   (ee)   Registered Professional Surveyor. A person registered as a professional surveyor under Ohio R.C. Chapter 4733.

   (ff)   Riverine Areas. Request definition of term from ODNR.

   (gg)   Special Flood Hazard Area. Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are floodprone and designated from other federal, state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

   (hh)   Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.

   (ii)   Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

   (jj)   Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

   (kk)   Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:

      (1)   Any improvement to a structure that is considered "new construction,"

      (2)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

      (3)   Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure".

   (ll)   Variance. A grant of relief from the standards of these regulations consistent with the variance conditions herein.

   (mm)   Violation. The failure of a structure or other development to be fully compliant with these regulations. (Ord. 8688-10. Passed 9-20-10.)

   (a)   Designation of the Floodplain Administrator. The Building Official, or his designee, is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

   (b)   Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

      (1)   Evaluate applications for permits to develop in special flood hazard areas.

      (2)   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

      (3)   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.

      (4)   Inspect buildings and lands to determine whether any violations of these regulations have been committed.

      (5)   Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.

      (6)   Enforce the provisions of these regulations.

      (7)   Provide information, testimony, or other evidence as needed during variance hearings.

      (8)   Coordinate map maintenance activities and FEMA follow-up.

      (9)   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

   (c)   Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1955.01(f) until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.

   (d)   Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:

      (1)   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

      (2)   Elevation of the existing, natural ground where structures are proposed.

      (3)   Elevation of the lowest floor, including basement, of all proposed structures.

      (4)   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.

      (5)   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

         A.   Floodproofing certification for a non-residential floodproofed structure as required in Section 1955.04(e).

         B.   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1955.04(d)(5) are designed to automatically equalize hydrostatic flood forces.

         C.   Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1955.04(i)(3).

         D.   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1955.04(i)(2).

         E.   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1955.04(i)(1).

         F.   Generation of base flood elevation(s) for subdivision and large-scale developments as required by Section 1955.04(c).

   (e)   Review and Approval of a Floodplain Development Permit Application.

      (1)   Review.

         A.   After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1955.03(d) has been received by the Floodplain Administrator.

         B.   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

      (2)   Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.

   (f)   Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

   (g)   Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:

      (1)   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.

      (2)   For all development activities subject to the standards of Section 1955.03(j)(1), a Letter of Map Revision.

   (h)   Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 1955.05 of these regulations.

   (i)   Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:

      (1)   Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than five hundred dollars ($500.00).

      (2)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.

      (3)   Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio Revised Code.

      (4)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Chapter 3734 of the Ohio Revised Code.

      (5)   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 – Floodplain Management.

   Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.

   (j)   Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Bedford flood maps, studies and other data identified in Section 1955.01(f) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

      (1)   Requirement to Submit New Technical Data.

         A.   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

            1.   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;

            2.   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;

            3.   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

            4.   Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1955.04(c).

         B.   It is the responsibility of the applicant to have technical data, required in accordance with Section 1955.03(j)(1), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

         C.   The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

            1.   Proposed floodway encroachments that increase the base flood elevation; and

            2.   Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

         D.   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1955.03(j)(1)A.

      (2)   Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of City of Bedford, and may be submitted at any time.

      (3)   Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Bedford have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Bedford Flood Insurance Rate Map accurately represent the City of Bedford boundaries, include within such notification a copy of a map of the City of Bedford suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Bedford has assumed or relinquished floodplain management regulatory authority.

   (k)   Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:

      (1)   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.

      (2)   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.

      (3)   When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:

         A.   Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.

         B.   Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

      (4)   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1955.05, Appeals and Variances.

      (5)   Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.

   (l)   Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:

      (1)   Determine whether damaged structures are located in special flood hazard areas;

      (2)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and

      (3)   Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

   Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.

(Ord. 8688-10. Passed 9-20-10.)

   The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section 1955.01(f) or 1955.03(k)(1):

   (a)   Use Regulations.

      (1)   Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Bedford are allowed provided they meet the provisions of these regulations.

      (2)   Prohibited Uses.

         A.   Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Chapter 3701 of the Ohio Revised Code.

         B.   Infectious waste treatment facilities in all special flood hazard areas, permitted under Chapter 3734 of the Ohio Revised Code.

   (b)   Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:

      (1)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

      (2)   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,

      (3)   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

   (c)   Subdivisions and Large Developments.

      (1)   All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;

      (2)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

      (3)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

      (4)   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least fifty lots or five acres, whichever is less.

      (5)   The applicant shall meet the requirement to submit technical data to FEMA in Section 1955.03(j)(1)A.4. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section 1955.04(c)(4).

   (d)   Residential Structures.

      (1)   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring Section 1955.04(d)(1) and construction materials resistant to flood damage Section 1955.04(d)(2) are satisfied.

      (2)   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

      (3)   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

      (4)   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

      (5)   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:

         A.   Be used only for the parking of vehicles, building access, or storage; and

         B.   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or

         C.   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

      (6)   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

      (7)   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1955.04(d).

      (8)   In AO Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

   (e)   Nonresidential Structures.

      (1)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1955.04(d) (1) – (3) and (5) –(8).

      (2)   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

         A.   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;

         B.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

         C.   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1955.04(e)(2)A. and B.

      (3)   In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

   (f)   Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 200 square feet. Such structures must meet the following standards:

      (1)   They shall not be used for human habitation;

      (2)   They shall be constructed of flood resistant materials;

      (3)   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;

      (4)   They shall be firmly anchored to prevent flotation;

      (5)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and

      (6)   They shall meet the opening requirements of Section 1955.04(d)(5)C.;

   (g)   Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:

      (1)   They shall not be located on sites in special flood hazard areas for more than 180 days, or

      (2)   They must be fully licensed and ready for highway use, or

      (3)   They must meet all standards of Section 1955.04(d).

   (h)   Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

   (i)   Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:

      (1)   Development in Floodways.

         A.   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or

         B.   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

            1.   Meet the requirements to submit technical data in Section 1955.03(j)(1);

            2.   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

            3.   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;

            4.   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and

            5.   Concurrence of the Mayor of the City of Bedford and the Chief Executive Officer of any other communities impacted by the proposed actions.

      (2)   Development in Riverine Areas with Base Flood Elevations but No Floodways.

         A.   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,

         B.   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than a one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:

            1.   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;

            2.    Section 1955.04(i)(1)B., items 1. and 3. - 5.

      (3)   Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:

         A.   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.

         B.   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.

         C.   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with City of Bedford specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.

         D.   The applicant shall meet the requirements to submit technical data in Section 1955.03(j)(1)A.3. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

            (Ord. 8688-10. Passed 9-20-10.)

   (a)   Appeals Board Established.

      (1)   The City of Bedford Board of Zoning Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by City Code.

      (2)   Records of the Appeals Board shall be kept and filed in City Hall at 165 Center Road, Bedford, Ohio.

   (b)   Powers and Duties.

      (1)   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.

      (2)   Authorize variances in accordance with Section 1955.05(d) of these regulations.

   (c)   Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within thirty days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.

   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.

   (d)   Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.

      (1)   Application for a Variance.

         A.   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.

         B.   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.

      (2)   Public Hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:

         A.   The danger that materials may be swept onto other lands to the injury of others.

         B.   The danger to life and property due to flooding or erosion damage.

         C.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

         D.   The importance of the services provided by the proposed facility to the community.

         E.   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.

         F.   The necessity to the facility of a waterfront location, where applicable.

         G.   The compatibility of the proposed use with existing and anticipated development.

         H.   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

         I.   The safety of access to the property in times of flood for ordinary and emergency vehicles.

         J.   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

         K.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

      (3)   Variances shall only be issued upon:

         A.   A showing of good and sufficient cause.

         B.   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.

         C.   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

         D.   A determination that the structure or other development is protected by methods to minimize flood damages.

         E.   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

   Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.

      (4)   Other Conditions for Variances:

         A.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

         B.   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1955.05(d)(2)A. to K. have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

         C.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

   (e)   Procedure at Hearings.

      (1)   All testimony shall be given under oath.

      (2)   A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.

      (3)   The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.

      (4)   The Administrator may present evidence or testimony in opposition to the appeal or variance.

      (5)   All witnesses shall be subject to cross-examination by the adverse party or their counsel.

      (6)   Evidence that is not admitted may be proffered and shall become part of the record for appeal.

      (7)   The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.

      (8)   The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.

   (f)   Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Cuyahoga County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code. (Ord. 8688-10. Passed 9-20-10.)

   (a)   Compliance Required.

      (1)   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1955.03(i).

      (2)   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1955.06(c).

      (3)   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1955.06(c).

   (b)   Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefor and order compliance with these regulations as hereinafter provided. Such notice and order shall:

      (1)   Be put in writing on an appropriate form;

      (2)   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;

      (3)   Specify a reasonable time for performance;

      (4)   Advise the owner, operator, or occupant of the right to appeal;

      (5)   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.

   (c)   Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a first degree misdemeanor. Any person who violates these regulations or fails to comply with any of their requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Bedford. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Bedford from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Bedford shall prosecute any violation of these regulations in accordance with the penalties stated herein. (Ord. 8688-10. Passed 9-20-10.)

   Off street parking and loading requirements and regulations are established in order to achieve, among others, the following purposes:

   (a)   To relieve congestion so that streets can be utilized more fully for movement of vehicular traffic;

   (b)   To promote the safety and convenience of pedestrians and shoppers by locating parking areas so as to lessen car movement in the vicinity of intensive pedestrian traffic;

   (c)   To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments which depend upon off-street parking facilities; and

   (d)   To provide regulations and standards for the development of accessory off-street parking and loading facilities in accordance with the objectives of the Master Plan of the City of Bedford.

      (Ord. 7139-99. Passed 7-6-99.)

   In all districts, off-street automobile parking facilities, permitted under the terms of this Chapter shall conform to the requirements set forth herein.

(Ord. 7139-99. Passed 7-6-99.)

   A private garage constructed on the lot or parcel of land occupied by the main building or use, or off-street parking area, shall be provided at the time such main buildings or structures or at the time such main buildings or structures are enlarged, converted or increased in capacity by adding dwelling units, floor area, seating capacity or any other unit of measurement specified herein, or increased in the intensity of use or occupancy or in occupancy content, regardless of structural change.

   (a)   Historical Downtown District. Due to the establishment of municipal parking areas downtown and the availability of on-street parking, the Planning Commission may waive or modify the requirements of this Chapter in the Historic Downtown District.

      (Ord. 7139-99. Passed 7-6-99.)

   In all districts, in connection with every building or part thereof hereafter erected, having a gross floor area of two thousand five hundred square feet (2,500 sq. ft.) or more, which is to be occupied by uses requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such building at least one (1) off-street loading space accessible from an alley, easement of access, or, when there is no such alley or easement of access, from a street, plus one (1) additional such loading space for each ten thousand square feet (10,000 sq. ft.) or major fraction thereof of gross floor area so used in excess of fifteen thousand square feet ( l5,000 sq. ft.). Such space may occupy all, or any part of a required rear yard, or, when authorized by the Board of Appeals, part of any other yard on the same premises.

(Ord. 7139-99. Passed 7-6-99.)

   Changes in the intensity of use of a property resulting from the construction, alteration or enlargement of a building or structure, from a change in the character of use, or from other causes, shall be subject to the parking provisions in TABLE 1 and as follows:

   (a)   Whenever a building, structure or development is constructed, or whenever a building or structure, regardless of the date of its erection, undergoes any increase in the number of dwellings, gross floor area, seating capacity, number of employees, or other unit of measurement specified herein for required parking facilities, and further when said increase would result in a requirement for additional parking facilities through the application of this Chapter, additional facilities shall be provided according to Table 1 and the other provisions of this Chapter.

   (b)   When a building or structure shall undergo any decrease in the number of dwelling units, gross floor area, seating capacity, number of employees, or other unit of measurement specified herein for required parking provisions, and when such decrease would result in a decrease in the requirement for a fewer total number of parking spaces in accordance with this chapter, parking facilities may be reduced accordingly, provided that the number of parking spaces remaining equals the number required by the provisions of this chapter.

      (1)   Number of parking spaces required.

 

      (2)   Units of measurement.

         A.    Parking space. Each parking space shall be not less than nine feet (9 ft.) wide and eighteen feet (18 ft.) long, exclusive of access drives or aisles.

         B.    Loading space. Each loading space shall not be less than ten feet (10 ft.) wide, forty feet (40 ft.) in length and fourteen feet (14 ft.) in height, exclusive of access or turning areas.

         C.    Floor area. In the case of merchandising or service types of uses, "floor area" means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons or clients but does not include areas used principally for nonpublic purposes, such as toilet or restrooms, utilities or dressing rooms.

         D.    Hospital bassinets. In hospitals, bassinets should not be counted as beds.

         E.    Benches in place of public assembly. In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty inches (20 in.) of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this Planning and Zoning Code.

      (3)   Development standards. Off-street accessory parking areas shall be developed and maintained in accordance with the following standards:

         A.    Whenever a parking lot is located to adjoin a side or rear lot line in any R District as defined in Title Seven of the Planning and Zoning Code, a solid masonry wall or substantial, tight fence, which may be shrubbery, five feet (5 ft.) high shall be constructed and maintained along such side or rear lot line.

         B.    The lighting of such parking lot shall be reflected away from any R District and so arranged as to cause no annoying glare thereto. (Ord. 7139-99. Passed 7-6-99.)

         C.    1.   All commercial driveways and parking lots and those located in R-3 and R-4 Multi-Family Residential zones, including the drive aprons associated with those lots, shall be smoothly graded, adequately drained and hard-surfaced with an approved material. Any portion of a commercial or residential, multi-family driveway or parking lot within the City right-of-way, including the portion of public sidewalk that crosses a driveway, shall be constructed of reinforced concrete of the minimum thickness of eight (8) inches.

            2.   Residential driveways and parking areas in Residential R-1 and R-2 (single-family) zones, including the drive aprons associated with those driveways and lots, shall be smoothly graded, adequately drained and hard-surfaced with an approved material Any portion of a residential (R-1 or R-2) driveway or parking lot within the City right-of-way, including the portion of public sidewalk that crosses a driveway, shall be constructed of reinforced concrete of the minimum thickness of six (6) inches. In the case of unusually long or large drives or parking areas, the City Manager or Building Commissioner, at their discretion, may approve the paving of an area less than the whole, but large enough to preserve the safety and integrity of the neighborhood. (Ord. 7631-04. Passed 7-12-04.)

         D.    Parking lots which abut the right-of-way of Rockside Road, Broadway Avenue, Northfield Road or Center Road in the B-1, B-2, B-3 and B-P districts a 4 foot buffer, consisting of a 3 foot wrought iron fence (or similar) and a row of 2-3 foot high shrubs, shall be constructed and maintained along such right-of-way.

         E.    In any R district, parking lots or areas for more than two (2) vehicles shall not be located in the front yard.

         F.    No charge is to be made for parking on a lot in any R District. Such lot shall not be used for sales, repair work or servicing of any kind.

         G.    The entrance to and exit from a lot are to be so located as to safeguard the safety to pedestrians and the traveling public. The location of the exit and entrance ways shall first be approved by the City Manager.

         H.    No sign other than a directional sign shall be located on a lot in any R district.

         I.    Curb stops shall be provided to prevent any vehicle from parking within three feet (3 ft.) of any property or street line.

         J.    Additional conditions as the City Manager may deem necessary in each case to protect the health, safety and welfare of the general public.

         K.    Any parking lot or driveway, either residential or commercial, which does not conform to the provisions of this code on the effective date of this Chapter shall be deemed nonconforming.

         L.    Parking lots and drives which are deemed to be non-conforming shall be brought into compliance at the time of any change of ownership.

         M.    All parking lots, parking areas or driveways rendered non- conforming by the provisions of this Chapter shall be removed or be brought into conformance with the provisions of this Chapter no later than June 1, 2003.

      (4)   Exceptions. 

         A.    The Board of Appeals may authorize on appeal a modification, reduction or waiver of the foregoing requirements, if it finds that in the particular case the peculiar nature of the use, or other exceptional situation or condition would justify such modification, reduction or waiver.

         B.    The Planning Commission, in consultation with other city departments and agencies concerned, shall make studies as found advisable of various areas in the City for the purpose of determining the areas within which there is need for the establishment of off-street parking facilities to be provided by the City and to be financed wholly, or in part, by a special assessment district, or by other means. Where such need is found, the Planning Commission shall report its recommendation for the acquisition of such off-street parking facilities to Council. This report shall include recommendations on the type, size, location and other pertinent features of the proposed off-street parking facilities and the area they are intended to serve.

            (Ord. 7139-99. Passed 7-6-99.)

   When units of measurement determining number of required off-street parking spaces result in a requirement of a fractional space, any fraction up to and including one-half (1/2) shall be disregarded, and fractions over one-half (1/2) shall require one (1) off-street parking space.

(Ord. 7139-99. Passed 7-6-99.)

   The location, width and number of entrance and exit driveways serving accessory parking facilities, drive-in businesses, fee parking lots and public parking lots, shall be planned in such a manner as to interfere as little as possible with the use of adjacent property and the flow of traffic on the streets to which they connect.

   (a)   Location. Driveways shall be located at least fifty feet from the right-of-way line of the nearest intersecting street.

   (b)   Width. Entrance and exit driveways shall not exceed three lanes in width and be designed so that all cars can be driven forward into the street. The width of driveways shall conform with the following schedule:

 

   Off-street automobile parking facilities shall be located as hereinafter specified where a distance is specified, such distance shall be walking distance measured from the nearest point of the parking area to the nearest entrance of the building that said parking area is required to serve:

   (a)   For one (1) and two (2) family dwellings (duplex or two-family houses) on the same lot with the building they are required to serve, behind the front building line.

   (b)   For three (3) or more family dwellings (group houses or apartments) not over two (2) stories in height on the same lot or parcel of land as the building they are required to serve. For the purpose of this requirement, a contiguous group of such uses constructed and maintained under single ownership or management shall be assumed to be on a single lot or parcel of land.

   (c)   For apartment houses three (3) or more stories in height. On the same lot or parcel of land as the building they are required to service, or on a separate square feet (300 sq. ft.) from the nearest entrances to the main building being served, provided the lot or parcel of land selected for the parking is located in a less restricted district.

   (d)   For rooming houses, lodging houses, clubs, hospitals, sanitariums, asylums, orphanages, homes for the aged, convalescent homes, dormitories, sorority and fraternity houses, and for other similar uses, the off-street parking facilities required shall be on the same lot or parcel of land as the main building or buildings being served, or within five hundred feet (500 ft.) of the building or buildings they are intended to serve, measured between the nearest point of the off-street parking area and the nearest entrance to the main building or buildings, providing the lot or parcel of land selected for the parking facilities is located in an apartment district or a less restricted district.

   (e)   For uses other than those specified above, off-street parking facilities shall be provided on the same lot or parcel of land as the main building being served, or on a separate lot or parcel of land not over one thousand feet (1,000 ft.) of the entrance to the main building, measured from the nearest point of the parking area, provided the separate lot or parcel of land the principal permitted use they are required to serve or in a less restricted district.

      (Ord. 7139-99. Passed 7-6-99.)

   Nothing in this section shall be construed to prevent collective provision of off-street parking facilities for two (2) or more buildings or uses of similar character, provided the total of such collective off-street parking facilities shall not be less than the sum of the requirements for the various individual uses computed separately in the accordance with the requirements contained herein and provided the location of such collective off-street parking facilities conform to the location requirements herein for each of the various individual uses. The required parking facilities may be provided under municipal sponsorship, by private lease or purchase, or by any other means which will promote orderly development of space, diminish traffic hazards or relieve congestion in the streets.

(Ord. 7139-99. Passed 7-6-99.)

   In the case of a use not specifically mentioned herein, the requirements for off-street parking facilities for the most nearly similar use which is so mentioned shall apply. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum total of the requirements set forth in Section 1957.03 and providing required parking facilities for any other use, except as herein specified for joint use, or when the same parking space can be used at different hours of the day or night.

(Ord. 7139-99. Passed 7-6-99.)

   (a)   Off-street parking facilities developed in any residential, two-family or multi-family district in compliance with the requirements of this section shall be used solely for the parking of passenger automobiles and other vehicles with a net total weight of less than five thousand fifty pounds (5,050 lbs.), either owned or within the custody of occupants of dwelling structures or for the guests of said occupants. Under no circumstances shall the parking area, including but not restricted to driveways be used for the parking of vehicles with a weight in excess of five thousand fifty pounds (5,050 lbs.), or for more than one such commercially licensed vehicle under five thousand fifty pounds (5,050 lbs.) per residential unit, excepting recreational equipment which, for the purpose of this section is defined as and shall include the following:

      (1)   A "travel trailer" is a vehicular, portable structure building on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer.

      (2)   A "pick-up camper" is a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational or vacation uses.

      (3)   A "motorized home" is a portable dwelling designed and constructed as an integral part of a self-propelled vehicles.

      (4)   A "folding tent trailer" is a canvas folding structure, mounted on wheels and designed for travel and vacation uses.

      (5)   "Boats" and "boat trailers" shall include boats, floats and rafts, plus the normal equipment to transport the same on the highway.

      (6)   The "Gross Vehicle Weight Rating (GVWR)" of a vehicle shall be defined as the maximum allowable weight in pounds of the fully loaded vehicle as assigned by the manufacturer and as published on the vehicle's Safety Compliance Certification label. Everything that contributes to the total weight of the vehicle, including the weight of the vehicle, driver, passengers, fuel, payload, tongue load of a trailer, weight of hitch and all other vehicle equipment, shall be included in the GVWR.

   (b)   Notwithstanding the foregoing provision; "A maximum of two (2) heavy-duty pickup trucks and/or light to medium-duty, single-axel dump trucks, each rated at the maximum of twelve thousand five hundred pounds (12,500 lbs.) Gross Vehicle Weight Rating (GVWR), shall be permitted to be parked in residentially zoned districts provided that the truck(s) in question are parked in a location substantially screened or hidden from sight from the street and from adjacent residentially zoned properties during all seasons of the year by structures, fences, landscaping or a combination of these barriers. The GVWR, as shown on the vehicle's Safety Compliance Certification Label, shall be permanently located on the door-lock facing, door post or other applicable location on each truck for inspection by City Safety Forces.

   (c)   (1)   Any such owner of camping and recreational equipment may park or store such equipment on residential use property subject to the following conditions:

         A.   Recreational equipment parked and stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes.

         B.   If the camping and recreational equipment is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot. The setback requirement in the side or rear yard shall be minimum of three feet.

      (2)   The requirements of this subparagraph may be waived by the City Manager who may issue a conditional permit is supported by evidence presented to the City Manager by the owner of the property upon which said exception is requested showing that because of the topography or some other physical condition enforcement of this section would create an unusual and undue hardship. There shall be no fee charged for said permit.

   (d)    All vehicles permitted to park within the requirements of this section must have current valid license plates, shall be maintained, and must be operable.

   (e)   Travel trailers, pick-up campers, motorized homes (RV), folding tent trailers, boats, semi-trucks, car haulers, and construction trailers/equipment are prohibited from parking on City-owned properties and on City-owned parking areas.

   (f)   Whoever violates this section shall be guilty of a first degree misdemeanor punishable as stated in Section 1957.99. Each day of violation shall constitute a separate offense.

(Ord. 7638-04. Passed 8-23-04; Ord. 7735-05. Passed 7-11-05; Ord. 7948-07. Passed 7-16-07; Ord. 002-24. Passed 2-6-24.)

   (a)   The parking of a trailer in any district for forty-eight hours (48 hrs.) or longer shall be prohibited, except that a camping, utility or boat trailer may be stored in an enclosed garage or other accessory building provided that no living quarters shall be maintained or any business conducted in connection therewith while such trailer is parked or stored.

   (b)   Industrial or transport trailers may be stored in an I-1 District.

   (c)   In any district, the wheels of any trailer shall not be removed except for repairs, nor shall such trailer be otherwise permanently fixed to the ground by any person, firm or corporation in any manner that would prevent the ready removal of such trailer.

(Ord. 7139-99. Passed 7-6-99.)

   Whoever violates Chapter 1957 shall be guilty of a first degree misdemeanor punishable by a fine up to one thousand dollars ($1,000.00) and/or six (6) months in jail. Each day of violation shall constitute a separate offense. (Ord. 8201-08. Passed 9-15-08.)

   (a)   “Collocation” means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.

   (b)   “Lattice tower” means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

   (c)   “Monopole” means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

   (d)   “Open space” means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).

   (e)   “Telecommunication” means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

   (f)   “Wireless telecommunications antenna” means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.

   (g)   “Wireless telecommunications equipment shelter” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

   (h)   “Wireless telecommunications facility” means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the landbased telephone lines.

   (i)   “Wireless telecommunications tower” means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.

(Ord. 7139-99. Passed 7-6-99.)

   Wireless telecommunication facilities are either permitted or conditional uses in a variety of zoning districts contingent upon a number of requirements being met. These criteria are in place in an attempt to minimize adverse health, safety, public welfare or visual impacts through buffering, siting, design and construction, and reduction of the need for new towers.

(Ord. 7139-99. Passed 7-6-99.)

   Use T-1: Wireless Telecommunications Facility

   Wireless telecommunications facilities are permitted under varying conditions dependent upon their form and the zoning district in which they are to be located. The following sections spell out these conditions:

   (a)   General. The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located. These general standards are to be supplemented with the specific regulations for nonresidential and residential districts as set forth in subsections (b) and (c) which follow.

      (1)   When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.

      (2)   The location of the tower and equipment shelter shall comply with all natural resources protection standards established in the Zoning Code, including those for floodplain, wetlands and steep slopes.

      (3)   Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the Planning Commission.

      (4)   The following buffer plantings may be located around the perimeter of the security fences as deemed appropriate by the Planning Commission:

         A.   An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum.

      (5)   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

      (6)   Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 30 days. The applicant’s letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.

      (7)   Any application to locate an antenna on a building or structure that is listed on an historic register, or is in an historic district shall be subject to review by the municipality’s Architectural Review Board or Building Commissioner, if there is no such review board.

      (8)   The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).

      (9)   No advertising is permitted anywhere on the facility, with the exception of identification signage.

      (10)   All providers utilizing towers shall present a report to the Building Commissioner notifying them of any tower facility located in the municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, a designated local official may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility’s owner/operator will receive written notice from the Building Commissioner and instructed to either reactivate the facility’s use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the municipality will remove or will contract to have removed the facility and assess the owner/operator the costs.

      (11)   No tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between 150 feet and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.

      (12)   “No Trespassing” signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.

      (13)   Applicants will provide evidence of legal access to the tower site thereby maintaining this access regardless of other developments that may take place on the site.

      (14)   A Conditional Use Permit must be approved by the City Planning Commission and/or City Council with a subsequent Building Permit issued by the Building Commissioner for construction of new towers in nonindustrial districts. Collocation of antennas on a single tower, antennas attached to existing structure/buildings, towers located in industrial districts, or replacement towers to be constructed at the site of a current tower are permitted uses and will not subject to the Conditional use permitting process.

      (15)   Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.

      (16)   Underground equipment shelters are encouraged, especially in nonindustrial districts, and may be requested by the Planning Commission.

   (b)   Nonresidential Districts. Wireless telecommunications facilities proposed for the following zoning districts-industrial, commercial and institutional (as determined by the municipality) are subject to the following conditions:

      (1)   Sole use on a lot: A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:

 

         A.   The existing use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a nonconforming use.

         B.   The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).

         C.   Minimum lot area. The minimum lot area shall be area needed to accommodate the tower (and guy wires, if used), the equipment shelter, security fencing and buffer planting.

         D.   Minimum yard requirements.

Tower: the minimum distance to any single-family or two-family residential use or district lot line shall be 300 feet.

Equipment shelter: shall comply with the minimum setback requirements for the primary lot.

         E.   Access. The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

         F.   Maximum height

            Tower: 200 feet (includes antenna)

            Equipment shelter: maximum 35 feet in height

         G.   Maximum size of equipment shelter - 300 square feet for a single shelter, or, if there is more than one, 750 square feet.

      (3)   Combined with an existing structure. Where possible an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:

         A.   Maximum height:

20 feet or 20% of the building height above the existing building or structure, whichever is greater.

         B.   If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:

            1.   The minimum setback requirements for the subject zoning district.

            2.   A buffer yard may be planted in accordance with Section 4A.

            3.   Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principle use.

            4.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

   (c)   Residential Districts. Wireless telecommunications facilities that include towers are not permitted in single-family or two-family residential districts with the exception of placement on any property with an institutional use (e.g., church, park, library, municipal/government, hospital, school, utility) located in either of these two districts. However, antennas attached to existing buildings or residential district, the applicant must present substantial evidence as to why it is not technically feasible to locate in a more appropriate nonresidential zone. Once those efforts have been exhausted, a wireless telecommunications facility may be located in a residential district subject to the following conditions:

      (1)   General: The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance. This shall apply to 2, 3, 4 and 5 below.

      (2)   Combined with a nonresidential use: An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district; including, but not limited to, a church, a municipal or governmental building or facility, agricultural building and a building or structure owned by a utility. The following conditions shall be met:

         A.   Maximum height, 20 feet above the existing building or structure.

         B.   If the applicant proposes to located the telecommunications equipment in a separate shelter, the shelter shall comply with the following:

            1.   The shelter shall comply with the minimum setback requirements for the subject zoning district.

            2.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

            3.   A buffer yard shall be planted in accordance with Section A4.

            4.   Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

      (3)   Located on a nonresidential-use property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including but not limited to a church, hospital, school, municipal or government building, facility or structure, agricultural use and a utility use, subject to the following conditions:

         A.   The tower shall be set back from any property line abutting a single-family or two-family residential lot by 300 feet.

         B.   Maximum height -

            Tower: 200 feet (includes antenna)

Equipment shelter: 35 feet

         C.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

         D.   Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

         E.   In order to locate a telecommunications facility on a property that is vacant or with an agricultural use the tract shall be at least 2.5 acres.

      (4)   Located on a residential building: An antenna for a wireless telecommunications facility may be attached to a mid-rise or high-rise apartment building subject to the following conditions:

         A.   Maximum height, 20 feet above the existing building.

         B.   If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located in, or attached to, the building), the shelter shall comply with the following:

            1.   The shelter shall comply with the maximum setback requirements for the subject zoning district.

            2.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

            3.   A buffer yard shall be planted in accordance with Section A4.

            4.   Vehicular access to the shelter shall, if at all possible, use the existing circulation system.

      (5)   Located in open space: A wireless telecommunications facility is permitted on land that has been established as a permanent open space, or a park subject to the following conditions:

         A.   The open space shall be owned by the municipality, county, or state government, a homeowners association, charitable organization, or a private, nonprofit conservation organization.

         B.   Maximum height -

            Tower: 200 feet (includes antenna)

            Equipment shelter: 35 feet

         C.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

         D.   The tower shall be set back from any single-family or two-family property line 300 feet.

   (d)   Criteria for a Conditional Use. The City may grant, upon proper application, a conditional use to allow for the development of wireless telecommunication facilities. No such facility shall be allowed in any residential district of the City. The City shall have the right to locate wireless telecommunication facilities in otherwise undeveloped area abutting residential districts where, in the determination of the City, there would be little or no impact on any residences or residential property.

      Use T-1: Wireless Telecommunications Facility

A wireless telecommunications facility which includes a tower may be permitted as a conditional use in a multi-family residential, institutional or commercial district, or located on an institutionally-used property in any residential district. In order to be considered for review, the applicant must prove that a newly-constructed tower is necessary in that opportunities for collocation on an existing tower is not feasible. The following steps must also be taken for the application to be considered for review in this category:

      (1)   The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.

      (2)   The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant’s service area. There shall be an explanation of why a tower and this proposed site is technically necessary.

      (3)   Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.

         (Ord. 7139-99. Passed 7-6-99.)

   The purpose of this chapter is to provide standards for the use of solar energy equipment as conditional accessory uses within the City of Bedford, Ohio. This chapter seeks to protect the Historic nature and significance of neighborhoods, to protect properties from incompatible uses, and to conserve and enhance property values while promoting the use of alternative energy sources where appropriate. This Section provides a process to facilitate the use of solar power in a manner that minimizes visual impacts of solar energy equipment and the potential for nuisance.

(Ord. 8758-10. Passed 11-15-10.)

   Solar energy equipment is defined as a solar photovoltaic panel, solar hot air or hot water panel collector device, or other type of energy system which relies upon solar radiation as a source for the generation of electricity or transfer of stored heat.

(Ord. 8758-10. Passed 11-15-10.)

   Solar energy equipment shall be considered a conditional accessory use only in any zoning district upon receipt of the required permits from the Building Commissioner.

   (a)   Exclusions from zoning permit requirement:

      (1)   Repair and replacement of existing solar energy equipment, provided that there is no expansion of the size or coverage area of the solar energy equipment.

   (b)   The use of energy from an approved Solar Energy System shall be intended only for the energy requirements of the principal use of the parcel on which the system is located. This requirement is not intended to prohibit the sale of excess power generated at times from the system. (Ord. 8758-10. Passed 11-15-10.)

   An applicant who seeks to install solar energy equipment shall submit an application for a Zoning Permit, as provided by the City of Bedford, Ohio. The application shall include a site plan showing the streets and rights-of-way, property lines of the subject property as well as the property lines of the neighbors that are immediately adjacent, all existing structures on both the subject property and the neighboring properties immediately contiguous, and the location of all above-ground utilities. The application shall also include photographs of the existing conditions of the property, as well as renderings of the proposed solar energy equipment and a description of the screening to be provided for ground or wall-mounted solar energy equipment.

(Ord. 8758-10. Passed 11-15-10.)

   (a)   Upon receipt of a completed application for the installation of solar energy equipment, the Building Commissioner shall:

      (1)   Act within 30 days from the date of receipt of the application to review the application for compliance with this Section. If it is determined that the applicant is in compliance, he shall refer the application to the City Planning Commission to review the application. If the Solar Panel project is located within the Historic District, the application shall first be referred, within 30 days, to the Bedford Historic Preservation Committee for their review and approval before being considered for approval by the Planning Commission during a second 30 day period. Should the Building Commissioner determine that the application is not in compliance with this Section, a review letter shall be sent to the applicant itemizing the violations.

      (2)   A Planning Commission hearing shall be held within 30 days of the determination by the Building Commissioner that the application is in compliance with this Section. The Planning Commission shall either recommend approval of the solar energy equipment or, within thirty (30) days, recommend alternatives to the applicant. If the Planning Commission recommends approval of an application, the Building Commissioner shall issue a Zoning Permit for the work provided that the application complies with the requirements of this Section. If the Planning Commission recommends alternatives to the applicant, no permit shall be issued until the applicant formally acknowledges that he or she has received the recommendations of the Planning Commission. Recommendations of the Planning Commissions shall be advisory only, and shall not be considered as grounds for approving or denying an application.

      (3)   Upon receiving the recommendation of the Planning Commission, the Building Commissioner shall, within fourteen (14) days, either approve or deny the application. Should the application be denied, the applicant may either withdraw the application completely, modify the application in such a way as to bring all aspects of the project into compliance with this Section, or request an appeal of the Building Commissioner's denial of a permit. Appeals of the order shall be heard by the Bedford Board of Zoning Appeals in a timely manner.

   (b)   Once the Zoning Permit has been approved and issued for the installation of the Solar Energy Equipment, construction drawings shall be submitted for review and approval under the applicable residential or commercial construction codes, including the National Electrical Code. Following the normal review of construction documents, the building and/or electrical permits shall be issued at the appropriate cost.

   (c)    Regardless of the action of the Planning Commission, the Building Commissioner shall have the authority to impose reasonable conditions to safeguard the public health, safety and welfare. (Ord. 8758-10. Passed 11-15-10.)

   (a)    General.

      (1)   Solar energy equipment shall be located in the rear portion of a property or on a side or rear-facing roof, or, upon receiving Planning Commission approval, in the least visibly obtrusive location where panels would be functional.

      (2)   Solar energy equipment must comply with all setback and height requirements for the Zoning district in which the property is located.

      (3)   Non-functioning solar energy equipment or systems shall be repaired, replaced or completely removed in their entirety within three (3) months of becoming non-functional.

      (4)   All solar panels shall be equipped with a non-reflective finish/coating.

   (b)   Ground-mounted solar energy equipment.

      (1) On Residentially-Zoned Property:

         A.   Solar Energy Equipment shall be located only in the rear portion of a property unless approved otherwise by the Planning Commission; For corner parcels, Solar Equipment shall be located no closer to the side street right-of-way than the primary building line of the structure.

         B.   Solar Panels shall not cover or occupy more than 50% of the available rear-yard area exclusive of all required setbacks;

         C.   Ground-array Solar systems shall have a minimum setback to side property lines of 3-feet and a setback from rear property lines of 6-feet.

      (2)   On Business and Industrially-Zoned Properties:

         A.   Solar Energy Equipment shall be located only in the rear portion of a property or a side portion on a side opposite any side street unless approved otherwise by the Planning Commission; For corner parcels, Solar Equipment shall be located no closer to the side street right-of-way than the primary building line of the structure.

         B.   All Solar equipment shall be shielded from sight from any street, public way or neighboring parcel by a barrier of a height equal to the height of the solar equipment. The buffers shall be constructed of fencing, hedges/bushes or combinations of these items. The Planning Commission may, at their discretion, approve a plan omitting any portion of the required screening for just cause.

      (3)   In the Historic District, ground-mounted solar equipment shall be prohibited.

      (4)   Ground-mounted solar energy equipment may not exceed a height of ten (10) feet above the ground.

      (5)   Solar energy equipment must be and protected from unauthorized access or tampering by appropriate fencing, plantings, or a combination thereof, as determined by the Building Commissioner.

      (6)   All exterior electrical and/or plumbing lines must be placed in a conduit and buried below the surface of the ground.

      (7)   Solar energy equipment shall not block nor overhang any required parking

areas, sidewalks or walkways.

   (c)   Roof or wall-mounted solar energy equipment.

      (1)   It is encouraged that roof-mounted solar energy equipment shall be installed in the plane of the roof (flush-mounted) or made a part of the roof design (capping or framing is compatible with the color of the roof or structure). Mounting brackets shall be permitted if the applicant can demonstrate that the existing pitch of the roof would render the solar energy equipment ineffective or would be impossible.

      (2)   Solar energy equipment shall be located on a rear or side-facing roof as seen from the fronting street, unless the applicant can demonstrate that such installation would be ineffective or is impossible. Under no circumstances shall solar equipment be mounted on the front face of a roof in the Historic Downtown Business District.

      (3)   Solar energy equipment shall not project vertically above the peak of the roof to which it is attached, or project vertically more than five (5) feet above a flat roof. Solar energy equipment shall not overhang any window or lower roofing systems, nor any required parking areas, sidewalks, entrances or walkways.

      (4)   All exterior electrical and/or plumbing lines must be painted in a color scheme that matches as closely as reasonably possible the color of the structure and/or the materials adjacent to the lines.

      (5)   In the Historic Downtown Business District, solar equipment shall be mounted flush with or within 12-inches of the plane of the roof for flat roofs and shall be located no less than 3-feet from the edge of the roof. Panels may also be wall-mounted upon approval of a historically sensitive design by both the Bedford Historical Preservation Committee and the Bedford Planning Commission. Wall-mounted designs shall also require an engineered attachment plan from an Ohio-certified design professional.

         (Ord. 8758-10. Passed 11-15-10.)

   (a)   An application fee in the amount of one hundred dollars ($100.00) shall be paid at the time of submittal of the application for a Zoning Permit to the Building Commissioner. The application fee shall be non-refundable in the event of denial of the application. Only one application fee shall be required for any application provided that re-submittals of the application that become necessary are received by the Building Commissioner within 30 days of the issuance of a review letter or denial of the permit. Upon approval of the application, the Zoning Permit shall be issued at no additional cost.

   (b)   Upon issuance of the Zoning Permit, additional construction documents and/or manufacturer's data or details may be required before installation. A Building Permit and/or an Electrical Permit shall also be necessary and shall be issued upon review and approval of construction documents at the current cost of those Permits for Residential or Commercial installations. All installations shall comply with the current editions of the Ohio Building Code, the Residential Code of Ohio and/or the National Electrical Code. Panels and the related mounting systems shall be designed to support the live, snow load of 30 pounds per square foot and the wind load of 80 miles per hour. (Ord. 8758-10. Passed 11-15-10.)

   Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree, and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months (6 months), or both, for each offense. Each day's continued violation shall be deemed a separate offense. (Ord. 8758-10. Passed 11-15-10.)

   The purpose of this chapter is to:

   (a)   Oversee the design, use, siting and permitting of wind energy turbines (WET)

   (b)   Preserve and protect public health, safety and welfare without significantly increasing the cost, or decreasing the efficiency of a wind energy system.

      (Ord. 8759-10. Passed 11-15-10.)

    In this chapter:

   (a)   "Administrator" means the City of Bedford Building Commissioner.

   (b)   "Ambient Sound Level" means the amount of background noise at a given location prior to the installation of a SWET which may include, but is not limited to, traffic, machinery, lawnmowers, human activity and the interaction of the wind with the landscape. The ambient sound level is measured on the dB(A) weighted scale as defined by the American National Standards Institute.

   (c)   "Anemometer" means the temporary wind speed indicator constructed for the purposes of analyzing the potential for utilizing a wind energy turbine at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

   (d)   "Board" means the City of Bedford Planning Commission.

   (e)   "Decommissioning" means the process of terminating operations and completely removing a WET(s) and all related buildings, structures, foundations, access roads and equipment.

   (f)   "Medium Wind Energy Turbine (MWET) means a tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in this system. The MWET has a nameplate capacity of between 31 and 250 kilowatts. The total height of the system shall not exceed 150 feet.

   (g)   "Meteorological Tower" (met tower) means the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

   (h)   "Net-Metering" means the special metering and billing agreement between the utility company and their customers which facilitates the connection of renewable energy systems to the power grid.

   (i)   "Owner or Operator" means the individual or entity that intends to own and/or is responsible for the day-to-day operation and maintenance of the small wind energy system in accordance with this chapter.

   (j)   "Rotor diameter" means the cross sectional dimension of the circle swept by the rotating blades of a WET.

   (k)   "Shadow Flicker" means the moving shadow, created by the sun shining through the rotating blades of a WET. The amount of shadow flicker created by a WET is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of all structures, wind activity and sunlight.

   (l)   "Small Wind Energy Turbine (SWET)" means a wind energy system that:

      (1)   Is used to generate electricity;

      (2)   Has a nameplate capacity of 30 kilowatts or less; and

      (3)   Has a total height of 100 feet or less.

   NOTE: A structure-mounted WET shall have a nameplate rating not exceeding 10 kilowatts and shall not exceed a height of 15-feet measured from the highest point of the roof excluding chimneys or antennae.

   (m)   "Total height" means the vertical distance from ground level to the tip of a WET blade when the tip is at its highest point.

   (n)   "Tower" means the monopole, freestanding, or guyed structure that supports a wind energy turbine (WET).

   (o)   "Wind Energy Turbine" (WET) means a wind energy system that Is used to generate electricity;

NOTE: A structure-mounted WET shall have a nameplate rating not exceeding 10 kilowatts and shall not exceed a height of 15-feet measured from the highest point of the roof excluding chimneys or antennae.

   (p)   "Wind generator" means the portion of a WET that includes blades and associated mechanical and electrical conversion components mounted on top of the tower.

      (Ord. 8759-10. Passed 11-15-10.)

   (a)   A Small Wind Energy Turbine System (SWET), including the associated anemometer and/or meteorological tower, shall be a conditional accessory use in all zoning districts subject to the following requirements;

   (b)   A Medium Wind Energy Turbine System (MWET), including the associated anemometer and/or meteorological tower, shall be a conditional accessory use in Business and Industrially-Zoned Districts only and shall be limited to parcels of 5-acres or larger subject to the following requirements;

   (c)   The use of energy from an approved Wind Energy Turbine System (WET) shall be intended only for the energy requirements of the principal use of the parcel on which the system is located. This requirement is not intended to prohibit the sale of excess power generated at times from the system.

      (1)   Setbacks. A wind tower for a small wind system shall be set back a distance equal to its total height from:

         A.   Any public road right of way, unless written permission is granted by the governmental entity with jurisdiction over the road;

         B.   Any overhead utility lines, unless written permission is granted by the affected utility;

         C.   Any occupied structure, not including garages or storage buildings;

         D.   All property lines;

      (2)   Height: The total Height of any SWET or MWET shall not exceed 100 feet in any Zoning District in conjunction with Section 1951.02(c).

      (3)   Ground Clearance. The lowest extension of any blade or other exposed moving component of the WET shall be at least 15-feet above the ground at any point of the natural grade within 30-feet of the WET and, in addition, at least 15-feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located adjacent to the WET.

      (4)   Access.

         A.   All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

         B.   The tower shall be designed and installed so as to not provide step bolts or a ladder which is readily accessible to the public for a minimum height of eight (8) feet above the ground.

      (5)   Noise: Noise emanating from the operation of the WET shall not, at any time, exceed the lowest ambient sound level that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a residentially zoned parcel, and shall not exceed by more than 5 dB(A) the ambient noise level at any non-residentially zoned parcel.

      (6)   Vibration: Vibrations shall not be produced by the WET which are humanly perceptible beyond the property on which the WET is located.

      (7)   Guy Wires: Guy wires shall not be permitted as part of the SWET system.

      (8)   Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.

      (9)   Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

      (10)   Appearance, Color and Finish. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit. Paint or finishes shall be non-reflective and shall be maintained free of rust and corrosion by the operator throughout the life of the equipment.

      (11)   Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.

      (12)   Quantity: No more than one (1) WET shall be permitted on any parcel of property or on any property composed of two or more contiguous parcels.

      (13)   Code Compliance. All wind energy systems, including towers, shall comply with the Ohio Building Code and the National Electrical Code. All foundations or mounting systems for WET's shall be designed under the seal of an Ohio-registered design professional. Special Inspections may be required to determine compliance with applicable requirements. Wind Energy Systems shall not be structure-mounted on one, two or three-family dwellings.

      (14)   Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with "Rules for Interconnecting Distributed Generation Facilities."

      (15)   WET towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.

      (16)   Efficiency: The applicant shall submit along with the structural data an overview of the project that includes adequate information as to existing wind speed and potential, height of tower in relation to surrounding structures or foliage, and the proposed generating capacity in relation to yearly consumption of electricity on property.

         (Ord. 8759-10. Passed 11-15-10.)

   (a)   An application fee for the Zoning Permit in the amount of one hundred dollars ($100.00) shall be paid at the time of submittal of the application to the Building Commissioner. The application fee shall be non-refundable in the event of denial of the application. Only one application fee shall be required for any application provided that re-submittals of the application that become necessary are received by the Building Commissioner within 30-days of the issuance of a review letter or denial of the permit. Upon approval of the application, the Zoning Permit shall be issued at no additional cost.

   (b)   Upon issuance of the Zoning Permit, additional construction documents and/or manufacturer's data or details may be required before installation. A Building Permit and/or an Electrical Permit shall also be necessary and shall be issued at the current cost of those permits for Residential or Commercial installations. All installations shall comply with the current editions of the Ohio Building Code, the Residential Code of Ohio and/or the National Electrical Code. Panels and the related mounting systems shall be designed to support the live, snow load of 30 pounds per square foot and the wind load of 80 miles per hour.

(Ord. 8759-10. Passed 11-15-10.)

   (a)   Application for Zoning Permit. An applicant who seeks to install a wind energy turbine system shall submit an application for a zoning permit, as provided by the City of Bedford, Ohio. The application shall include a site plan showing the streets and rights-of-way, property lines of the subject property as well as the property lines of the neighbors that are immediately adjacent, all required setbacks and clearances to the proposed WET, all existing structures on both the subject property and the neighboring properties immediately contiguous, and the location of all above-ground utilities. The application shall also include photographs of the existing conditions of the property, as well as renderings of the proposed WET and the manufacturer's brochure or printed information of the proposed system.

   (b)   Review of Application.

      (1)   Upon receipt of a completed application for the installation of a wind energy system, the Building Commissioner shall:

         A.   Act within 30 days from the date of receipt of the application to review the application for compliance with this section. If it is determined that the applicant is in compliance, he shall refer the application to the Bedford Planning Commission to review the application. Should the Building Commissioner determine that the application is not in compliance with this Section, a review letter shall be sent to the applicant itemizing the violations.

         B.   A Planning Commission hearing shall be held within 30 days of the determination by the Building Commissioner that the application is in compliance with this Section. The Planning Commission shall either recommend approval of the wind energy system or, within thirty (30) days, recommend alternatives to the applicant. If the Planning Commission recommends approval of an application, the Building Commissioner shall issue a permit for the work provided that the application complies with the requirements of this Section. If the Planning Commission recommends alternatives to the applicant, no permit shall be issued until the applicant formally acknowledges that he or she has received the recommendations of the Planning Commission. Recommendations of the Planning Commissions shall be advisory only, and shall not be considered as grounds for approving or denying an application.

         C.   Upon receiving the recommendation of the Planning Commission, the Building Commissioner shall, within fourteen (14) days, either approve or deny the application. Should the application be denied, the applicant may either withdraw the application completely, modify the application in such a way as to bring all aspects of the project into compliance with this Section, or request an appeal of the Building Commissioner's denial of a Zoning permit. Appeals of the order shall be heard by the Bedford Board of Zoning Appeals in a timely manner.

      (2)   Regardless of the action of the Planning Commission, the Building Commissioner shall have the authority to impose reasonable conditions to safeguard the public health, safety and welfare.

         (Ord. 8759-10. Passed 11-15-10.)

   (a)   A small wind energy system that has not been used to generate electricity or has otherwise been out-of-service for a continuous 12-month period will be deemed to have been abandoned. The Administrator may issue a notice of Abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The Owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from Notice receipt date the Administrator shall withdraw the Notice of Abandonment and notify the Owner that the Notice has been withdrawn if the Owner provides information that demonstrates the small wind energy system has not been abandoned.

   (b)   If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator from the tower at the Owner's sole expense within three (3) months of receipt of Notice of Abandonment. If the Owner fails to remove the wind generator from the tower, the Administrator may pursue a legal action to have the wind generator removed at the Owner's expense.

(Ord. 8759-10. Passed 11-15-10.)

   (a)   An Owner shall submit construction drawings in triplicate to the Building Commissioner along with an application for a building permit for a small wind energy system.

   (b)   The Building Commissioner shall issue a permit or deny the application within one (1) month from when the construction drawings and application is received.

   (c)   The Administrator shall issue a building permit for a small wind energy system if the application materials show that the proposed small wind energy system meets the requirements of this ordinance.

   (d)   If the application is approved, the Administrator will return one (2) signed copies of the application and construction drawings with the permit and retain the other copy with the documents for Departmental use.

   (e)   If the application is rejected, the Administrator will notify the applicant in writing, and provide a written statement of the reason why the application was rejected. The applicant may appeal the Administrator's decision. The applicant may re-apply if the deficiencies specified by the Administrator are resolved.

   (f)   The Owner shall conspicuously post the building permit on the premises so as to be visible to the public at all times until construction or installation of the small energy system is complete. (Ord. 8759-10. Passed 11-15-10.)

   (a)   This chapter shall be administered by the Building Commissioner or other official as designated.

   (b)   The Administrator may enter onto any property for which a building permit has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met.

   (c)   The Administrator may issue orders to abate any violation of this ordinance.

   (d)   The Administrator may issue a citation for any violation of this ordinance.

(Ord. 8759-10. Passed 11-15-10.)

   The provisions of this chapter are severable, and the invalidity of any section, subdivision, paragraph, or other part of this chapter shall not affect the validity or effectiveness of the remainder of the chapter. (Ord. 8759-10. Passed 11-15-10.)

   It is unlawful for any person to construct, install, or operate a wind energy system that is not in compliance with this chapter, or with any condition in a building permit issued pursuant to this chapter. (Ord. 8759-10. Passed 11-15-10.)

   (a)   Any person who fails to comply with any provision of this ordinance or a building permit issued pursuant to this ordinance shall be guilty of a first-degree misdemeanor, punishable by a fine of up to one thousand dollars ($1,000) per day of violation or imprisonment for up to six months, or both.

   (b)   Nothing in this section shall be construed to prevent the City of Bedford, Ohio, from using any other lawful means to enforce this chapter.

(Ord. 8759-10. Passed 11-15-10.)

   (a)   No medical marijuana dispensary shall locate within five hundred (500) feet of a prohibited facility, as provided in Ohio Revised Code 3796.09 and 3796.10, and the analogous provisions in the Ohio Administrative Code, and any amendments subsequently enacted thereto.

   (b)   A Medical marijuana dispensary located in any district must obtain a conditional approval through the Planning Commission and Council.

   (c)   No medical marijuana dispensary shall be located in any Residential District or the Historic Downtown District.

(Ord. 9919-21. Passed 11-15-21.)

   Bed and breakfast inns/Airbnb are unique, semi-commercial operations that adapt a residential environment into a lodging concept, limited in scope and operation. The use is clearly of a commercial nature, but may at times, be more in keeping with a residential environment. The purpose of this Chapter is to provide a systematic set of requirements to ensure that such operations, if appropriate for a residential or commercial area, shall not adversely impact adjacent uses as a result of the commercial aspects of the structure and property. Bed and breakfast inns/Airbnb shall be subordinate to the principal use of a structure as a single-family dwelling. The intent of this Chapter is not to provide an opportunity for the establishment of an intensive commercial lodging business, which use would be considered appropriate within an intensive commercial or planned commercial zoning district, but rather in certain locations to provide a limited commercial use in a residential or commercial district.

(Ord.056-23. Passed 6-26-23; Ord. 056A-23. Passed 9-5-23.)

   (a)   For purposes of this Chapter, "bed and breakfast inn" means an owner-occupied, residential, single-family structure wherein lodging and breakfast only are provided to transient guests for compensation in accordance with the development standards of this Chapter.

   (b)   For purposes of this Chapter, "short-term rental/bed and breakfast inns/Airbnb" operates an online marketplace for lodging, primarily homestays for vacation rentals, and tourism activities. The provision of short-term rental/bed and breakfast inns/Airbnb shall be subordinate to the principal use of the structure, and the residential character of the neighborhood must be maintained. At all times the bed and breakfast inn/Airbnb must comply with all requirements of the Residential Code of Ohio.

(Ord. 056-23. Passed 6-26-23; Ord. 056A-23. Passed 9-5-23.)

   A bed and breakfast inn is hereby classified as a conditional use which may be permitted in Residential Districts only in accordance with the corresponding standards and requirements of the Planning and Zoning Code. A conditional use permit shall be required in order to operate a bed and breakfast inn/Airbnb; said permit shall be effective for one (1) year at the cost of one hundred fifty dollars ($150.00), and said permit shall be automatically voided by operation of law without further notice or hearing upon the sale or transfer of the real property upon which the bed and breakfast inn/Airbnb is located. In submitting an application for a conditional use permit, and with every re-application, the applicant shall apply for conditional use application, shall provide to the Planning Commission a floor plan illustrating the proposed operation, a site plan indicating all on-site improvements, if any, and any additional information as required by the Planning Commission.

(Ord. 056-23. Passed 6-26-23; Ord. 056A-23. Passed 9-5-23.)

   The following development standards apply to short-term rental/bed and breakfast inns/Airbnb.

      (1)   There shall be a battery-type smoke detector in each guest room;

      (2)   There shall be one 110-volt electrical smoke detector per floor protecting the sleeping areas;

      (3)   There shall be one carbon dioxide detector per floor protecting the sleeping areas;

      (4)   There shall be two ten-pound ABC extinguishers per floor;

      (5)   Electrical work shall conform to current residential standards;

      (6)   There shall be a fire inspection; and

      (7)   No portable heating devices shall be allowed in sleeping rooms.

(Ord. 056-23. Passed 6-26- 23; Ord. 056A-23. Passed 9-5-23.)

   It shall be unlawful for any person engaged in the business of short-term rental/bed and breakfast inns/Airbnb to:

   (a)   Exceed the scope of the permit, as set forth in this Chapter;

   (b)   Permit any criminal activity or public nuisance to take place on the premises. If an owner knows or suspects that any criminal activity or public nuisance is taking place on or immediately adjacent to the premises, the owner shall immediately notify the Bedford Police Department of such fact, and shall cooperate with the Bedford Police Department in any investigation that may ensue; or