Bedford Heights City Zoning Code
TITLE ELEVEN
Zoning Code; Special Provisions
1171.01 INTENT.
This Chapter establishes supplemental standards, exceptions to standards, or alternative standards for particular uses in order to protect surrounding property values and uses as well as to protect the public health, safety, and general welfare of the community.
(Ord. 2023-029. Passed 4-18-23.)
1171.02 APPLICABILITY; CONFLICT WITH DISTRICT STANDARDS.
No use governed by the regulations in this Chapter may be initiated, established, or maintained unless it complies with the standards set forth for such use in this Chapter.
(a) Where site development standards for a specific use are not listed, such use shall comply with the development standards for the applicable zoning district.
(b) To the extent there is a conflict between a standard in another Chapter of this Zoning Code and a standard in this Chapter, the standard in this Chapter governs unless otherwise indicated.
(c) Whenever state law requires a use regulated by this Zoning Code to be registered, certified or licensed, compliance with such law shall be a condition precedent to zoning approval of such use. Failure to maintain such license, certification or other approval requirements shall be cause for revocation of the applicant’s Conditional Use or Zoning Certificate.
(d) Any use in this Chapter that is regulated as a conditional use in the district in which it proposed shall also comply with the conditional use criteria set forth in Chapter 1137. (Ord. 2023-029. Passed 4-18-23.)
1171.03 SUPPLEMENTARY USE-SPECIFIC REGULATIONS.
(a) Animal Boarding Facility with and without Outdoor Facilities; Animal Hospital/ Veterinarian Clinic.
(1) Outdoor areas devoted to kennels and/or runs, where permitted, shall:
A. Be located in the rear yard;
B. Have a minimum side setback of thirty (30) feet and a minimum rear setback of fifty (50) feet; and,
C. Have a maximum of twenty-five percent (25%) of the gross floor area of the principal building.
(2) When located adjacent to a Residence Zoning District, the following additional restrictions shall apply:
A. Soundproofed, air-conditioned buildings shall be located a minimum distance of 100 feet from any Residence Zoning District boundary line.
B. All non-soundproofed structures or areas where animals are confined shall be located a minimum distance of 200 feet from any Residence Zoning District boundary line.
C. All non-soundproofed structures or areas for the confinement of animals shall be screened by a solid fence or wall a minimum of six (6) feet in height and shall be located within fifty (50) feet of the principal building.
D. Animals shall be confined in an enclosed building between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
(3) There shall be no burial or incineration of animals on the premises.
(4) Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.
(5) All waste material shall be removed from the site on a daily basis, and no animal waste shall be buried on site or be allowed to accumulate on the premise.
(6) The Planning Commission may impose additional conditions or restrictions, such as increasing buffers and screening materials, requiring odor or noise mitigation, and setting limits on the number of animals, to ensure that the proposed use will not be detrimental to the health, safety, or general welfare of the surrounding area.
(7) Facility shall be operated in accordance with all applicable State of Ohio and Cuyahoga County Health Code regulations.
(b) Artisan Industrial.
(1) The principal activities of the use shall occur completely within an enclosed building.
(2) There shall be no outdoor storage of merchandise for sale, goods, or materials.
(3) All work activities, artistic shows, programs and other events shall be listed on the Development Plan application or the Zoning Permit application. If any additional activities are proposed that were not included on the original application, then a new application shall be required according to the procedures in this Zoning Code.
(4) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises.
(c) Asphalt Manufacturing or Refining; Concrete Manufacturing.
(1) The minimum lot size shall be seven (7) acres.
(2) A distance of no less than 200 feet shall be maintained at all times from the nearest edge of the excavation area/quarry or the storage of bulk materials to any Residence zoning district boundary. All other aspects of operations, buildings, and structures shall maintain a minimum setback of 150 feet from Residence zoning district boundaries and seventy-five (75) feet from all other lot lines.
(3) Truck parking areas, maneuvering lanes, and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on, and adjacent to, the site and shall be built or treated to prevent the creation of dust and drainage problems.
(4) Operations shall be located at the site in such a way that will minimize adverse impacts of noise, odors, dust, and windblown debris on surrounding land uses.
(5) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust, and visual protection for all operations. At a minimum, a fifty (50) foot buffer yard shall be provided adjacent to any public street and all site boundaries. It shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. The evergreen shrubs shall be three (3) feet when planted. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center.
(6) Additional fences, walls or shrubs may be required by the Planning Commission, if necessary, to adequately screen the materials from adjoining districts or public streets
(d) Automobile Fueling Station; Automobile Service Station.
(1) The lot shall have an area of not less than 25,000 square feet and at least one street frontage of not less than 150 feet.
(2) Traffic study. A traffic impact analysis addressing both on-site and off-site traffic and circulation impacts may be required by the Planning Commission. A registered professional engineer experienced and qualified in traffic engineering shall prepare the traffic impact study at the expense of the applicant.
(3) A microwave may be provided for use by customers for prepackaged hot sandwiches, soups, and microwavable side dishes. The following retail and food sales conducted within the building or structure shall be permitted as accessory uses to an Automobile Fueling Station:
A. Cigarettes, tobacco and lighters.
B. Prepackaged candy and gum.
C. Prepackaged snacks including potato chips, pretzels, cookies and crackers.
D. Carbonated soft drinks and noncarbonated beverages in cans or bottles or such fountain drinks in cups. NO OUTSIDE SOFT DRINK MACHINES SHALL BE PERMITTED.
E. Health and beauty aids including Rolaids, cough drops, aspirin, Alka-Seltzer, sunglasses, gloves, pens, school supplies, toothpaste, deodorant, laxatives, eyedrops, contact lens solutions, feminine products, disposable diapers, hairspray, shampoo and conditioner, toilet paper, paper towels, napkins and Kleenex.
F. Auto supplies. NO AUTOMOBILE TIRES OR BATTERIES SHALL BE SOLD.
G. Prepackaged and nonperishable groceries including cans of juice, cereal, condiments (mustard and catsup) and canned soups.
H. Prepackaged frozen orange juice and ice cream and popsicles and novelty items.
I. Prepackaged bakery items including bread and snack cakes.
J. Dairy items including milk and juices.
K. Hot beverages in cups including coffee and hot chocolate. NO HOT PREPARED SOUPS.
L. Prepackaged prepared hot and cold sandwiches.
M. Prepackaged prepared salads with sealed dressings.
N. Prepackaged soups and microwavable side dishes.
O. Soft-serve ice cream.
P. Hot dogs with buns and condiment center, nachos with cheese and chili sauce, hot pretzels, popcorn, pizza, fresh deli sandwiches, salads, donuts, cookies, and hot pocket rolls and sausage.
Q. Magazines, newspapers and paperback books.
R. Ice. NO OUTSIDE ICE MACHINES SHALL BE PERMITTED.
S. Other similar high-impulse, prepackaged items specifically authorized by the Planning Commission as a conditional use pursuant to Chapter 1137 and other applicable provisions of this Zoning Code and subject to any conditions placed thereon by the Planning Commission.
(4) Under no circumstances shall beer, wine or any other alcoholic beverage be sold.
(5) Building Size. The following minimum building size shall apply:
A. Automobile Service Station. The building shall be of modern, fireproof construction and shall have an enclosed area of not less than 2,000 square feet, with provisions for lavatories for both men and women, separated by soundproof walls.
B. Automobile Fueling Station. The building shall be of modern, fireproof construction and shall have an enclosed area of not less than 1,000 square feet, with provisions for lavatories for both men and women, separated by soundproof walls.
(6) Entrances; Distance Requirements. No automobile service station or fueling station shall have an entrance or exit for vehicles if located on the same side of the street and within fifty (50) feet of a Residence district, nor shall any part of such automobile service station or fueling station have an entrance or exit for vehicles within 200 feet, along the same side of a street, of any school, public playground, the entrance to a public park or cemetery, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street onto which the lot in question does not abut.
(7) Location of Gasoline Pumps. Gasoline pumps, compressed air connections and similar equipment shall be erected no closer than twenty-five (25) feet from any street right-of-way line.
(8) Setback Requirements. Each automobile service station or automobile fueling station shall have a minimum setback of at least fifty (50) feet from all street right-of-way lines.
(9) Enclosures. In every district where permitted, no automobile service station or fueling station shall be erected or constructed, and no alteration or improvement shall be made to any existing nonconforming station, unless the premises upon which such station is, or is intended to be located, is provided with a masonry wall, not less than six (6) feet in height, along the rear property lines and/or side property lines where such rear and/or side property lines abut any lot zoned or presently used as residential, provided that the first thirty-foot (30 foot) section of such wall or fence, measured from the street right-of-way line, shall be stepped down to the height of two and one-half (2½) feet at such right-of-way line, following a pattern of appropriate design, subject to approval by the Board of Architectural Review.
(10) Driveways. All plans for access and egress to automobile service stations and fueling stations shall be considered by the Planning Commission after consultation with the City Engineer who shall ascertain that the driveway or driveways used to provide accessibility to these uses shall be located and arranged to minimize traffic congestion in conformity with the following minimum requirements:
A. Lot with a Frontage of 150 Feet or Less. Not more than one driveway shall be permitted on a lot of land with a frontage of 150 feet or less, such driveway to have a maximum curb cut width of forty (40) feet.
B. Lot with a Frontage in Excess of 150 Feet. Each lot with a frontage in excess of 150 feet may have two (2) driveways, provided that they are so located and constructed as to provide safety to the pedestrians and to the motorists using such property, and subject to the following:
i. If the centerline of the driveway is at right angles to the property line, there shall be a minimum of thirty (30) feet of unbroken curb between driveways and a minimum driveway radii of six (6) feet.
ii. If the centerline of the driveway is at other than right angles to the property line, there shall be a minimum of thirty (30) feet of unbroken curb between the driveways, and the acute angle radius shall be not less than three (3) feet and there shall be a minimum of sixteen (16) feet between the inside lines of the driveways at the property line.
iii. There must be a minimum of thirty (30) feet of unbroken curb between successive driveways on the same or adjoining land uses.
C. Lot with a Frontage in Excess of 180 Feet. Each lot with a frontage in excess of 180 feet may be permitted a divided driveway, in lieu of the two driveways as regulated in subsection (d)(4)B. hereof, provided that the median strip of such divided driveway between each roadway is at least six (6) feet in width and each roadway is not less than twenty-four (24) feet in width, nor more than thirty (30) feet in width, and provided further that the total width of any divided driveway is not in excess of sixty-six (66) feet in width.
D. General Standards. Except as provided for herein, the following general standards shall apply:
i. The maximum width of each curb shall be forty (40) feet, measured at right angles to the angle of the driveway entrance.
ii. In all cases, the minimum distance of driveways from street intersections shall be thirty (30) feet, measured from the nearest side of the driveway to the nearest right-of-way line of the intersecting street.
(11) Each underground gasoline storage tank and pumping system shall be tested in compliance with the National Fire Protection Association Standard No. 30 and shall be tested with Kulhman tester and such test shall prove the system to be tight and free from leaks and shall be so certified by a testing company prior to operation of the filling station.
(12) Rental Trailers. If rental trailers are stored on the premises, as provided for, permitted, or regulated in this Zoning Code, a minimum lot area of 12,000 square feet shall be devoted exclusively to the automobile service station use, and there shall be provided, behind the main or principal building or structure, an additional structure for the storage of rental trailers on such premises, subject to such fence, wall, landscaping or other provisions as may be deemed necessary and desirable by the Architectural Board of Review.
(13) Parking of Vehicles. No vehicles shall be parked within the required front setback of any automobile service station or fueling station, except for those vehicles actually being served at the pump island in which are located the operating gasoline pumps, provided that no person who is the operator of a service station or filling fueling station or any employee of such person shall permit any vehicle, not owned by such person or employee, to stand out of doors on such property for more than twenty-four (24) hours.
(14) Paving and Curbing. The entire area, other than that landscaped, shall be paved with a permanent surface of concrete or asphalt. A raised concrete curb of not less than six (6) inches in height shall be constructed along the entire street property line except for driveway openings, provided that sidewalks as required by City regulations shall be installed.
(15) Abandonment.
A. If any automobile service station or fueling station is abandoned, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort or property or the general welfare of the community and shall be abated. Abandoned is defined, for the purpose of this Chapter, as a failure to operate the service station or fueling station for at least six consecutive months in any eighteen-month period.
B. Whenever the Zoning Inspector finds any service station or fueling station to be abandoned within the meaning of this Chapter, he shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within sixty (60) days either by placing the station in operation in accordance with this Zoning Code and other applicable laws and regulations of the City; adapting and using the building or structure for another permitted use in the district in which it is located; or by razing the station, removing the pumps and signs, removing underground storage tanks in accordance with accepted safe practice as prescribed by the National Fire Protection Association in Appendix C to N.F.P.A. No. 30, under the supervision of the City's Fire Chief, and filling depressions to the grade level of the lot. However, if the station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provisions of this section shall not apply, and provided further, that if there should be declared a national emergency which would curtail the operation of motor vehicles or if Council should determine that there exists a state of general economic depression, the provisions of this section shall not apply.
C. Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Inspector shall take such action as may be necessary to abate such nuisance.
D. Inoperative automobile service stations and automobile fueling stations which do not come within the definition of an abandoned station, as defined in subsection (d)(15)A. hereof, shall be maintained in accordance with the provisions of this Zoning Code and other applicable laws and regulations, and the owner shall cut all grass and remove all rubbish and weeds from the premises. The parking of motor vehicles upon such premises shall be strictly prohibited, and the owner shall place in the window of such station a sign of at least ten (10) square feet in area notifying the public of this fact. Notwithstanding any other provision of this Zoning Code, if the Zoning Inspector finds that such notice is not complied with by the public, he may order the owner of the premises on which any station is inoperative for more than six (6) months to install fencing or barricades approved by such Zoning Inspector which will be sufficient to block motor vehicle access to such property.
(16) Refusal of Zoning Permit. No permit shall be issued for the construction, remodeling or rebuilding of any automobile service station or automobile fueling station where the applicant for the permit is the owner or the agent of the owner of another existing service station or filling station within the corporation boundaries of the City which is an abandoned station, as defined in Section 1171.03 (d)(15)A., or where there are any current violations of which notice has been issued by the appropriate official of the City against such service station or fueling station prior to the date of the application for such permit. For the purpose of determining these facts, the Zoning Inspector may require the submission of an affidavit by the owner with the application for a Zoning Permit, listing therein the locations of existing service stations and/or fueling stations under his ownership.
(17) No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.
(18) Automobile Fueling Station. The only services permitted to be performed at an automobile fueling station shall be the charging of electric vehicles and the dispensing of fuel, oil, air, and windshield wiper fluid and other common vehicular liquids, fuel, and lubricants.
(19) Automobile Service Station.
A. All activities, except those required to be performed at a fuel pump, air dispenser or self-serve automobile vacuum, shall be conducted entirely within a building or garage.
B. No oil draining pit or visible appliance for any such purpose, other than filling caps, shall be located within ten (10) feet of any street right-of-way or within twenty-five (25) feet of any residence zoning district boundary line, except where such appliance or pit is within a building.
(e) Brewpubs; Micro Production of Alcohol.
(1) Each brewpub or micro production facility shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and the Bureau of Alcohol, Tobacco and Firearms (ATF), and shall maintain current licenses as required by each agency.
(2) Brewpubs:
A. A minimum of fifty percent (50%) of the gross floor area of the brewpub shall be devoted to restaurant use for on-site consumption of food and beverages, including the kitchen and seating area, but not including any outdoor dining area.
B. The area used for on-site production, including but not limited to manufacturing, bottling and storage, shall not exceed fifty percent (50%) of the total floor area of the entire facility or 8,000 square feet, whichever is less.
(3) Micro production facilities may provide a maximum of 4,000 square feet devoted to on-site retail sale, restaurant, or tasting room for the on-site consumption of products produced on the premises.
(4) No outdoor storage of brewing equipment or materials shall be permitted.
(5) The facility shall be designed and operated so as not to produce odors, gas, dust, or any other atmospheric pollutant detrimental to the health, safety, or general welfare of persons living or working in the surrounding area. The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted.
(6) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial/industrial uses.
(7) Each facility shall maintain copies of all reports filed with the Bureau of Alcohol, Tobacco and Firearms (ATF) and shall be able to demonstrate, upon request of the City, that they have not exceeded the annual beverage production limit in any twelve (12) month period.
(f) Building Material Supply and Storage Yards. The minimum lot area shall be 40,000
square feet.
(g) Car Wash.
(1) A car wash shall have a minimum lot area of one (1) acre and a minimum lot width of 150 feet.
(2) Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.
(3) Any proposed loudspeaker or vacuum system, if requested, shall be included in the conditional use application and approved on the Conditional Use Certificate.
(4) Vacuum systems shall be not located adjacent to a Residence zoning district boundary line.
(5) The orientation of the car wash bays shall be parallel to the public right-of-way, unless it is impracticable to do so or results in bays that face adjacent residential uses. In such cases, additional landscaping, screening, or an alternative orientation of the bays should be considered as appropriate for the subject site and surroundings.
(6) All access drives shall be located as far as practicable from existing intersections in order to minimize congestion and constricted turning movements.
(7) A car wash shall provide four (4) stacking spaces per bay/stall for self-service establishments and five (5) stacking spaces per bay/stall for an automated establishment. Each stacking space shall be a minimum of ten (10) feet by twenty (20) feet.
(8) Alleys or driveways in residentially zoned areas adjacent to drive-through facilities shall not be used for circulation of customer traffic.
(9) Car wash bays shall be setback fifty (50) feet from a Residence zoning district boundary line.
(10) Traffic study: A traffic impact analysis addressing both on-site and off-site traffic and circulation impacts may be required by the Planning Commission. A registered professional engineer experienced and qualified in traffic engineering shall prepare the traffic impact study at the expense of the applicant.
(h) Commercial Recreation, Indoor.
(1) The minimum lot size shall be 40,000 square feet.
(2) To minimize noise, the Planning Commission may require noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(3) All recreational activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
(4) Applicant must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with regarding to traffic circulation, parking, and appearance.
(5) Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.
(6) There shall be no outside activities conducted, unless otherwise permitted in the applicable zoning district.
(7) All activities associated with the indoor commercial recreation facility, except parking, shall take place in a fully enclosed sound restrictive building with closed windows.
(i) Concrete Manufacturing. See Asphalt Manufacturing or Refining.
(j) Contractor’s Facility.
(1) The minimum lot area shall be 40,000 square feet.
(2) There shall be no outdoor storage of merchandise for sale, goods, or materials.
(3) No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.
(4) The facility shall only be located on an arterial or collector road.
(k) Crematory.
(1) A crematory facility shall be operated only by a licensed funeral director who operates a licensed funeral home located within the City of Bedford Heights.
(2) A crematory shall be operated for the performance of cremation and pulverization of dead human bodies and human body parts. The cremation of animals shall not be permitted.
(3) The scattering of cremated remains of dead human bodies or body parts at the funeral home or crematory site shall not be permitted.
(4) All required air quality emission permits including, but not limited to, particulate matter and carbon monoxide emissions must be obtained and kept in good standing by the funeral home/crematory facility from the Cleveland Division of Air Quality.
(5) Crematories must meet all applicable requirements of the Ohio Building Code (OBC) and the Ohio EPA.
(6) Emission stacks shall be sensitively located and treated in a manner so as to be compatible with the funeral home’s architectural design.
(7) Landscape screening of the funeral home/crematory facility from adjacent properties may be required by the Planning Commission, where appropriate.
(8) A crematory and a crematory facility shall be designed, constructed and maintained so as not to cause or become a nuisance by way of particulate matter, offensive smells, noise, smoke or any other reason.
(9) A crematory building shall be set back a minimum distance of 150 feet from any lot with a residential use.
(l) Day Care Center, Adult.
(1) Procedures. Any person seeking permission to conduct an adult day care center shall file an application for a Conditional Use Certificate with the Zoning Inspector who shall examine the property to determine if it is suitable for use according to the building, sanitation, and fire laws of the City and the state. If the application complies with such laws, the Zoning Inspector shall forward the application along with the Building Official’s and/or the Zoning Inspector’s report to the Planning Commission for review.
A. An applicant for a Conditional Use Certificate or an application to renew a Certificate to operate an adult day care center shall submit the following written information to the Planning Commission for review:
i. Information explaining the need for the adult day care center, the clientele to be served and the financial resources available to operate the facility.
ii. A license authorizing operation of an adult care center from the Director of Public Welfare, State of Ohio. (In no instance will the Planning Commission consider renewing a Certificate for an adult day care center if a license has not been granted to operate such facility within a 365-day period commencing at the time a permit was originally approved.)
iii. A detailed plan of services and/or programs to be offered to the adults utilizing the adult day care center.
iv. The name(s) of the individual(s) and/or agency responsible for administering adult day care services.
v. Evidence that use of the proposed site will not adversely disrupt the surrounding neighborhood from the standpoint of noise, lights, congestion and/or traffic generation.
vi. The proposed hours of operation of the adult care center.
vii. The number of adults anticipated to be in average daily attendance at the adult day care center.
viii. Evidence that both fire prevention and property maintenance inspections have been made of the structure proposed to contain the adult day care center, as well as evidence that such building is free of any violations of local and/or state laws or codes.
ix. Plans and drawings which show the location and dimensions of the lot, the location and dimensions of any existing or proposed structures on the lot, floor plans, points of ingress and egress, landscaping and/or screening areas, recreation and open space facilities, and a parking and traffic circulation plan.
x. Evidence of insurance adequate to cover the cost of fire, theft, vandalism, and liability.
xi. Evidence that the adult day care administrator has been examined, within the past ninety days, and annually thereafter, by a licensed physician, and has been certified to be free from communicable disease.
xii. Evidence that the adult day care administrator has either been trained in first aid by a doctor or nurse, has completed a course in first aid which is approved by the State Department of Health and is certified to administer CPR, or will assume responsibility for ensuring the presence, at all times, of a person who has such knowledge or training.
B. Approval by the Planning Commission. The Planning Commission may authorize the issuance of a Conditional Use Certificate if the adult day care center meets the requirements imposed by this sub-section and this Zoning Code. In making this determination, the Planning Commission, in addition to addressing the requirements set out in Chapter 1137 and this sub-section, shall consider the following factors:
i. Impact on the community permitting an adult day care center to be located in that particular location.
ii. Location and number of other adult day care centers in the City.
iii. The need to maintain neighborhood characteristics.
iv. Needs of residents of the community.
v. Safety and needs of the adult to be cared for in the adult day care center.
C. Issuance of Conditional Use Certificate. If the Planning Commission determines that a Conditional Use Certificate for an adult care center should be issued, it shall so instruct the Zoning Inspector to issue the Conditional Use Certificate. The Zoning Inspector shall issue a Conditional Use Certificate or renew a Certificate for the operation of an adult day care center, upon approval by the Planning Commission, if he or she finds, after investigation of the applicant and inspection of the center, that the following requirements are met:
i. The buildings in which the center is housed have been approved by the Building Official for the purpose of operating an adult day care center. Any structure used for the operation of a center shall be constructed, equipped, repaired, altered, and maintained in accordance with applicable provisions of the Ohio Building Code, city ordinances and with regulations adopted by the Ohio Board of Building Standards under Ohio R.C. Chapter 3781 for the safety and sanitation of structures erected for this purpose or for existing structures used for this purpose. Existing structures used as adult day care centers are included in the meaning of "building" under Ohio R.C. 3781.06 and shall comply with the rules and regulations promulgated by the Ohio Board of Building Standards for existing centers in Chapter BB-303.
ii. The Fire Chief or Fire Safety Officer has inspected the center within the preceding year and has found the center to be free from conditions dangerous to the safety of adults. Each center shall have a practical plan approved by the Fire Chief or Fire Safety Office for evacuation of the building in an emergency in the shortest possible time without confusion, and all employees shall be familiar with such plan. The written evacuation plan shall be posted as required by the Fire Chief of Fire Safety Officer.
D. Exception. The Planning Commission shall have the right to grant an exception to any provision of the standards and guidelines as set forth in this subsection, provided that such an exception will not have a negative impact on the community or be injurious to the public health, safety or general welfare of the community and the adults attending such adult day care center and the property owners in the vicinity of such adult day care center.
E. Renewal of the Permit. The permit shall be renewed on or before May 1st of every other year. The renewal application along with the two hundred dollars ($200.00) renewal fee shall be filed with the Zoning Inspector by April 1st of the year of renewal, and shall include all items required for an original application in this subsection. If the application is for a renewal of a Certificate, the Planning Commission shall review such renewal request and, if after conducting its review and finding continuing compliance with this Chapter, any exception therefor and the terms of this Certificate, the Conditional Use Certificate shall be renewed.
F. The adult day care center shall furnish the Planning Commission with copies of the results of all state and county inspections.
G. The Planning Commission shall have the authority to review a Conditional Use Certificate at any time within the Certificate period and to modify or revoke the same for just cause after a hearing at a time and place fixed by the Zoning Inspector.
H. Appeals. Any person adversely affected by a decision of any city official made in the enforcement of this Chapter shall have the right to appeal to the pursuant to Chapter 1138, Appeals and Variances.
I. Remedy for Violations; Emergency Action.
i. The imposition of any penalty shall not preclude the Director of Law or his or her assistants from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent, restrain, correct or abate a violation, or prevent the use of a building, temporarily or permanently, for adult day care purposes, or to require compliance with the provisions of this sub-section, or other applicable laws, ordinances, rules or regulations or orders or determination of any city official or member of the Planning Commission and/or the Board of Zoning Appeals. ii. Notwithstanding the existence of any other remedies, penalties or legal actions provided for herein, if the Building Official and/or Zoning Inspector determines that an emergency condition exists which is immediately hazardous to the health or well-being of the adults attending an adult day care center, he shall order the adult day care center immediately closed and shall post thereon, in a conspicuous place, a sign closing such adult care center until further direction of the Building Official and/or Zoning Inspector or appropriate legal action is taken.
(2) Adult Day Care Centers shall meet all applicable federal, state or local requirements including, but not limited to, licensing, health and safety regulations.
(3) Exterior development plans shall include adequate lighting, sidewalks, and drop-off zones and shall provide for the separation of vehicular and pedestrian traffic.
(4) The center has, for each adult, for whom the center is licensed, at least thirty-five (35) square feet of indoor floor space wall-to-wall regularly available for the adult day care operation exclusive of any parts of the structure in which the care of adults is prohibited by law or by regulations adopted by the Ohio Board of Building Standards.
(5) The center has on the site or easily and safely accessible a safe outdoor space which is enclosed by a fence or otherwise protected from traffic or other hazards, contains not less than thirty (30) square feet per adult using such space at any one (1) time, and provides an opportunity for supervised outdoor activity each day in suitable weather. If an area, such as a park or playground, not connected with the center is used for play or recreation, the adults shall be closely supervised both during play and while traveling to and from the area.
(6) Outdoor playgrounds, exercise areas, etc. shall be fully enclosed by a fence, the height and design of which shall be approved by the Planning Commission.
(7) The administrator and every employee of an adult day care center is mentally and physically able to perform his/her duties. Neither the administrator nor any employee has been convicted of abuse or other crime involving moral turpitude. The administrator and each employee has been examined by a licensed physician not more than thirty (30) days before employment and annually thereafter and there is on file at the center a statement signed by the physician certifying the administrator and all employees to be:
A. Free from communicable disease, including tuberculosis, verified either through negative tuberculin skin test or by negative chest x-ray;
B. Physically fit for employment in a facility caring for adults with physical impairments and/or disabilities;
C. Immunized against poliomyelitis and diphtheria. An employee may be exempted from the immunization requirement upon filing a written request with the center. Adults related to the operator and/or staff members, who attend the center or are on the premises for supervision and care, are included in the determination of staff requirements and group capacity.
(8) The administrator and all employees shall meet all state licensing requirements. All adult care staff members have completed high school or completed a training program approved by the state. Records of names and addresses of all adult day care staff members and other employees shall be maintained and available to city officials. The administrator shall be certified for CPR or will assume responsibility for ensuring the presence, at all times, of a person who has such knowledge or training.
(9) Parents or guardians are permitted to visit the adult day care center during reasonable hours while it is in operation.
(10) The administrator keeps records of the adults attending the center, including the name and birth date of each adult, the names, addresses, working addresses, telephone numbers, and emergency contacts of each sponsor or guardian, and the health record and daily attendance record of each adult.
(11) An adult care staff member in charge of an adult or group of adults shall be responsible for their supervision and safety.
(12) Within a Residence zoning district, no new adult day care center shall be permitted to be established except in conjunction with a school, church, community center, temple, synagogue, or public building.
(13) No room shall be used for adult day care purposes unless:
A. It has windows facing open space and has a total glass area of not less than five percent (5%) of the total floor area of the room in which such windows are located.
B. It is adequately ventilated and free from drafts. In determining the adequacy of ventilation, the area and volume of the rooms used shall be considered together with the type of adult day care facility, the number of adults using such facility, the location of doors and stairways, the aggregate openable area of windows ventilating such area, and all other factors relating to ventilation.
C. It has sufficient light therein for general adult day care purposes. All areas used for reading, writing, drawing, and other similar close work shall be lighted to a level of at least twenty (20) foot candles at work level.
D. It is provided with approved heating facilities capable of maintaining an average temperature of seventy (70) degrees Fahrenheit when the outdoor temperature is minus five (-5) degrees Fahrenheit without forcing the facilities to operate in excess of their designed capacity. Sufficient heat shall be supplied in all rooms to maintain an inside temperature of not less than seventy (70) degrees Fahrenheit whenever the outside temperature falls below fifty (50) degrees Fahrenheit. Such inside temperature shall be measured in the approximate center of each room approximately three (3) feet above the floor.
(15) Each adult day care center shall be adequately supplied with hot and cold water and toilet facilities within the building. There shall be a minimum of one (1) toilet for each eight (8) adults using any adult care center.
(16) All portions of every room used for adult care purposes shall be kept in a clean, sanitary and healthful condition, free from dangerous or noxious substances of any kind or any conditions that may be harmful to the adult clients.
(17) The common use of washcloths, towels, bed linens, combs, toothbrushes, hair brushes, drinking cups or other utensils by the adults is prohibited in any adult day care center.
(18) No adult day care center shall be open between the hours of 8:00 p.m. and 6:00 a.m., unless the Planning Commission provides an exception to this requirement. In no case shall any adult remain at the center longer than twelve (12) hours on any given day.
(19) The outdoor activity area shall not be located closer than fifty (50) feet to any adjacent boundary line of a Residence zoning district.
(20) The location and design of the facility shall provide for the protection of the adults from the traffic, noise, and other hazards of the area.
(m) Day Care Center, Child. Child day care centers operating as of September 3, 2002 and child day care centers operating in conjunction with a school, church, community center, temple, synagogue or public building are not subject to the provisions of this subsection.
(1) Procedures. Any person seeking permission to conduct a child day care center shall file an application Conditional Use Certificate with the Zoning Inspector who shall examine the property to determine if it is suitable for use according to the building, sanitation and fire laws of the City and the state. If the application complies with such laws, the Zoning Inspector shall forward the application along with the Building Official's and/or the Zoning Inspector’s report to the Planning Commission for review.
A. An applicant for a Conditional Use Certificate or an application to renew a Certificate to operate a child day care center shall submit the following written information to the Planning Commission for review:
i. Information explaining the need for the child day care center, the clientele to be served, and the financial resources available to operate the facility.
ii. A license authorizing operation of a child day care center from the Director of Public Welfare, State of Ohio. (In no instance will the Planning Commission consider renewing a Certificate for a child day care center if a license has not been granted to operate such facility within a 365-day period commencing at the time a Certificate was originally approved.)
iii. A detailed plan of services and/or programs to be offered to the children utilizing the child day care center.
iv. The name(s) of the individual(s) and/or agency responsible for administering child day care services.
v. Evidence that use of the proposed site will not adversely disrupt the surrounding neighborhood from the standpoint of noise, lights, congestion and/or traffic generation.
vi. The proposed hours of operation of the child day care center.
vii. The number of children anticipated to be in average daily attendance at the child day care center.
viii. Evidence that both fire prevention and property maintenance inspections have been made of the structure proposed to contain the child day care center, as well as evidence that such building is free of any violations of local and/or state laws or codes.
ix. Plans and drawings which show the location and dimensions of the lot, the location and dimensions of any existing or proposed structures on the lot, floor plans, points of ingress and egress, landscaping and/or screening areas, recreation and open space facilities, and a parking and traffic circulation plan.
x. Evidence of insurance adequate to cover the cost of fire, theft, vandalism, and liability.
xi. Evidence that the child day care administrator has been examined, within the past ninety (90) days, and annually thereafter, by a licensed physician, and has been certified to be free from communicable disease.
xii. Evidence that the child day care administrator has either been trained in first aid by a doctor or nurse, has completed a course in first aid which is approved by the State Department of Health and is certified to administer CPR, or will assume responsibility for ensuring the presence, at all times, of a person who has such knowledge or training.
B. Approval by the Planning Commission. The Planning Commission may authorize the issuance of a Conditional Use Certificate if the child day care center meets the requirements imposed by this sub-section and this Zoning Code. In making this determination, the Planning Commission, in addition to addressing the requirements set out in Chapter 1137 and this sub-section, shall consider the following factors:
i. Impact on the community permitting a child day care center to be located in that particular location.
ii. Location and number of other child day care centers in the City.
iii. The need to maintain neighborhood characteristics.
iv. Needs of residents of the community.
v. Safety and needs of the children to be cared for in the child day care center.
C. Issuance of a Conditional Use Certificate. If the Planning Commission determines that a Conditional Use Certificate for a child day care center should be issued, it shall so instruct the Zoning Inspector to issue the Conditional Use Certificate. The Zoning Inspector shall issue a Conditional Use Certificate or renew a Conditional Use Certificate for the operation of a child day care center, upon approval by the Planning Commission, if he or she finds, after investigation of the applicant and inspection of the center, that the following requirements are met:
i. The buildings in which the center is housed have been approved by the Building Official for the purpose of operating a child day care center. Any structure used for the operation of a center shall be constructed, equipped, repaired, altered and maintained in accordance with applicable provisions of the Ohio Building Code, city ordinances and with regulations adopted by the Ohio Board of Building Standards under Ohio R.C. Chapter 3781 for the safety and sanitation of structures erected for this purpose or for existing structures used for this purpose. Existing structures used as a child care center are included in the meaning of "building" under Ohio R.C. 3781.06 and shall comply with the rules and regulations promulgated by the Ohio Board of Building Standards for existing centers in Chapter BB-303.
ii. The Fire Chief or Fire Safety Officer has inspected the center within the preceding year and has found the center to be free from conditions dangerous to the safety of children. Each center shall have a practical plan approved by the Fire Chief or Fire Safety Officer for evacuation of the building in an emergency in the shortest possible time without confusion, and all employees shall be familiar with such plan. The written evacuation plan shall be posted as required by the Fire Chief or the Fire Safety Officer.
D. Exception. The Planning Commission shall have the right to grant an exception to any provision of the standards and guidelines as set forth in this subsection, provided that such an exception will not have a negative impact on the community or be injurious to the public health, safety or general welfare of the community and the children attending such child day care center and the property owners in the vicinity of such child day care center.
E. Renewal of the Certificate. The Certificate shall be renewed on or before August 1st of every other year. The renewal application along with the two hundred dollars ($200.00) renewal fee shall be filed with the Zoning Inspector by July 1st of the year of renewal, and shall include all items required for an original application in this section. If the application is for a renewal of a permit, the Planning Commission shall review such renewal request and, if after conducting its review and finding continuing compliance with this subsection, any exception therefor and the terms of this permit, the Conditional Use Certificate shall be renewed.
F. The child day care center shall furnish the Planning Commission with copies of the results of all state and county inspections.
G. The Planning Commission shall have the authority to review a Conditional Use Certificate at any time within the Certificate period and to modify or revoke the same for just cause after a hearing at a time and place fixed by the Zoning Inspector.
H. Appeals. Any person adversely affected by a decision of any city official made in the enforcement of this Chapter shall have the right to appeal to the pursuant to Chapter 1138, Appeals and Variances.
I. Remedy for Violations; Emergency Action.
i. The imposition of any penalty shall not preclude the Director of Law or his or her assistants from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent, restrain, correct or abate a violation, or prevent the use of a building, temporarily or permanently, for child day care purposes, or to require compliance with the provisions of this sub-section, or other applicable laws, ordinances, rules or regulations or orders or determination of any city official or member of the Planning Commission and/or the Board of Zoning Appeals.
ii. Notwithstanding the existence of any other remedies, penalties, or legal actions provided for herein, if the Building Official and/or the Zoning Inspector determines that an emergency condition exists which is immediately hazardous to the health or well- being of the children attending an child day care center, he shall order the child day care center immediately closed and shall post thereon, in a conspicuous place, a sign closing such adult care center until further direction of the Building Official and/or Zoning Inspector or appropriate legal action is taken.
(2) Child Day Care Centers shall meet all applicable federal, state or local requirements including, but not limited to, licensing, health, and safety regulations.
(3) Exterior development plans shall include adequate lighting, sidewalks and drop-off zones and shall provide for the separation of vehicular and pedestrian traffic.
(4) The center has, for each pre-school child, school age child, and infant for whom the center is licensed, at least thirty-five (35) square feet of indoor floor space wall-to-wall regularly available for the child day care center operation exclusive of any parts of the structure in which the care of children is prohibited by law or by regulations adopted by the Ohio Board of Building Standards.
(5) The center has on the site or easily and safely accessible a safe outdoor play space which is enclosed by a fence or otherwise protected from traffic or other hazards, contains not less than sixty (60) square feet per pre-school and school-age child using such space at any one (1) time, and provides an opportunity for supervised outdoor play each day in suitable weather. If an area, such as a park or playground, not connected with the center is used for play or recreation, the children shall be closely supervised both during play and while traveling to and from the area.
(6) Outdoor playgrounds, tot lots, exercise areas, etc. shall be fully enclosed by a fence, the height and design of which shall be approved by the Planning Commission.
(7) The administrator and every employee of a child day care center is mentally and physically able to perform his/her duties. Neither the administrator nor any employee has been convicted of child abuse or other crime involving moral turpitude. The administrator and each employee or co-op mother has been examined by a licensed physician not more than thirty (30) days before employment and annually thereafter and there is on file at the center a statement signed by the physician certifying the administrator, all employees, and all co-op mother to be:
A. Free from communicable disease, including tuberculosis, verified either through negative tuberculin skin test or by negative chest x-ray;
B. Physically fit for employment in a facility caring for young children;
C. Immunized against poliomyelitis and diphtheria. An employee may be exempted from the immunization requirement upon filing a written request with the center.
(8) The center has at least two (2) responsible adults available on the premises at all times when five (5) or more children are in the center. The children are organized in small groups and a child care staff provided to give continuity of care and supervision to the children on a day-to-day basis. The maximum number of children per child care staff member, for each separate category by age of children is as follows:
Maximum Number of Children A. Under eighteen (18) months 4 B. Eighteen (18) months but under three(3) years 7 C. Three (3) years but under five (5) years 10 D. Five (5) years and older 15 |
Children of the operator and of staff members, who attend the center or are on the premises for supervision and care, are included in the determination of staff requirements and group capacity.
(9) The administrator has at least a high school education and has completed at least two (2) years of training in an accredited college, university or technical college, including courses in child development, or has at least two (2) years' experience in supervising and giving daily care to children attending an organized group program including at least two (2) years of such experience in working with the age level children for which they will have responsibility. All child day care staff members have completed high school or completed a training program approved by the state. Records of names and addresses of all child day care staff members and other employees shall be maintained and available to city officials.
(10) Parents or guardians are permitted to visit the child day care center during reasonable hours while it is in operation.
(11) The administrator keeps records of the children attending the center, including the name and birthdate of each child, the names, addresses, working addresses, telephone numbers, and emergency contacts of each parent or guardian, and the health record and daily attendance record of each child.
(12) A child day care staff member in charge of a child or group of children shall be responsible for their supervision, safety, and discipline.
(13) Within a Residence zoning district, no new child day care center shall be permitted to be established except in conjunction with a school, church, community center, temple, synagogue or public building.
(14) No room shall be used for child day care purposes unless:
A. It has windows facing open space and has a total glass area of not less than five percent (5%) of the total floor area of the room in which such windows are located.
B. It is adequately ventilated and free from drafts. In determining the adequacy of ventilation, the area and volume of the rooms used shall be considered together with the type of child day care facility, the number of children using such facility, the location of doors and stairways, the aggregate openable area of windows ventilating such area and all other factors relating to ventilation.
C. It has sufficient light therein for general child day care purposes. All areas used for reading, writing, drawing and other similar close work shall be lighted to a level of at least twenty (20) foot candles at work level.
D. It is provided with approved heating facilities capable of maintaining an average temperature of seventy (70) degrees Fahrenheit when the outdoor temperature is minus five (-5) degrees Fahrenheit without forcing the facilities to operate in excess of their designed capacity. Sufficient heat shall be supplied in all rooms to maintain an inside temperature of not less than seventy (70) degrees Fahrenheit whenever the outside temperature falls below fifty (50) degrees Fahrenheit. Such inside temperature shall be measured in the approximate center of each room approximately three (3) feet above the floor.
(15) Each child day care center shall be adequately supplied with hot and cold water and toilet facilities within the building. There shall be a minimum of one (1) toilet for each ten (10) children using any child day care center.
(16) All portions of every room used for child day care purposes shall be kept in a clean, sanitary and healthful condition, free from dangerous or noxious substances of any kind or any conditions that may be harmful to the children.
(17) The common use of washcloths, towels, bed linens, combs, toothbrushes, hair brushes, drinking cups, or other utensils by the children is prohibited in any child day care center.
(18) No child day care center shall be open between the hours of 8:00 p.m. and 6:00 a.m., unless the Planning Commission provides an exception to this requirement. In no case shall any child remain at the center longer than twelve (12) hours on any given day.
(19) The outdoor activity area shall not be located closer than fifty (50) feet to any adjacent boundary line of a Residence zoning district.
(20) The location and design of the facility shall provide for the protection of the children from the traffic, noise, and other hazards of the area.
(n) Distribution and Fulfillment Centers.
(1) The minimum lot area shall be 40,000 square feet.
(2) All aspects of operations, buildings, and structures shall maintain a minimum setback of 150 feet from Residence zoning district boundaries.
(3) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust, and visual protection for all operations. At a minimum, a fifty (50) foot buffer yard shall be provided adjacent to any public street. It shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet.
(o) Drive-thru Facilities/Freestanding Drive-thru Facility.
(1) All drive-thru facilities shall have a minimum lot area of one (1) acre and a minimum lot width of 100 feet.
(2) All drive-through facilities including stacking lanes and loudspeaker systems shall be setback a minimum of 100 feet from a Residence district boundary line.
(3) Traffic study: A traffic impact analysis addressing both on-site and off-site traffic and circulation impacts may be required by the Planning Commission. A registered professional engineer experienced and qualified in traffic engineering shall prepare the traffic impact study at the expense of the applicant.
(4) Stacking spaces and lanes.
A. Drive-through establishments shall provide a minimum of six (6) stacking spaces (within the site) before the transaction window or area. An additional space shall also be provided adjacent to the transaction window or area.
B. Each stacking space shall be a minimum of twenty (20) feet in length and ten (10) feet in width along straight portions. Stacking spaces and stacking lanes shall be a minimum of twelve (12) feet in width along curved segments. Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with the use of one or more of the following: striping, curbing, landscaping, and the use of alternative paving materials or raised medians.
C. Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent public streets. The circulation shall separate drive-through traffic from site circulation traffic, not impede or impair access into or out of parking spaces, minimize conflicts between pedestrian and vehicular traffic by physical and visual separation between pedestrian ways and stacking lanes and driveways, or at the crossing of the two.
D. Stacking lanes shall not interfere with required loading and trash storage areas nor impede or impair vehicular movement within stacking lanes. If said separate stacking lane is curbed, an emergency by-pass or exit shall be provided.
E. Access to and egress from all stacking lanes shall be made within the parking lot and not directly to or from a public right-of-way. Stacking lanes shall be integrated from the site circulation pattern.
(5) Any changes in the approved development/drive-through plan or in the activity to be conducted on the site shall be submitted to the Planning Commission for review and approval.
(6) Drive-through facilities are prohibited from operating in a manner that results in vehicular stacking that interferes with a public right-of-way.
(7) Loudspeaker systems shall be approved as part of the conditional use and shall not create a nuisance for adjacent properties.
(8) On a corner lot, the location of access drives to the street shall be placed as far from the intersection as possible and shall be limited to no more than one access drive per street frontage.
(9) The Planning Commission may limit the hours of operation of a drive-thru facility as a condition of approval for the Conditional Use Certificate. In evaluating this provision, the Planning Commission shall consider the proximity of Residence zoning districts, schools, places of worship, and parks/playgrounds.
(10) In addition to the provisions specified above, the following findings must be made for the granting of an approval for a drive-through facility:
A. That the use will not substantially increase vehicular traffic on streets in a Residence zoning district.
B. That the use will not substantially lessen the usability of adjacent or nearby commercially zoned property or commercial use by interfering with pedestrian traffic;
C. That the use will not create increased traffic hazards to pedestrians; and,
D. That the site will be adequate in size and shape to accommodate said use and to accommodate all setbacks, yards, walls, parking, screening, buffering, landscaping, and other requirements.
(p) Dwelling Unit, Multifamily. See Multifamily Dwelling Unit.
(q) Home Improvement Center.
(1) The minimum lot area shall be 40,000 square feet.
(2) All aspects of operations, buildings, and structures, excluding off-street parking facilities, shall maintain a minimum setback of 100 feet from Residence zoning district boundaries.
(3) Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area
(r) Indoor Commercial Recreation. See Commercial Recreation, Indoor.
(s) Manufacturing, Light.
(1) The minimum lot area shall be 40,000 square feet.
(2) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust, and visual protection for all operations. At a minimum, a fifty (50) foot buffer yard shall be provided adjacent to any Residence zoning district. It shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. The evergreen shrubs shall be three (3) feet when planted. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center.
(3) The facility shall be designed and operated so as not to produce odors, gas, dust, or any other atmospheric pollutant detrimental to the health, safety, or general welfare of persons living or working in the surrounding area. The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard shall not be permitted.
(4) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial/industrial uses.
(5) Applicant must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with regarding to traffic circulation, parking, and appearance.
(6) Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.
(7) There shall be no outside activities conducted or outside storage.
(t) Micro-Production of Alcohol. See Brewpub.
(u) Motor Vehicle Sales and Leasing.
(1) Motor vehicle sales and leasing facilities are prohibited on lots that have road frontage on Aurora and Miles Roads.
(2) A service garage, leasing department, and other activities customarily incidental to a motor vehicle sales and leasing facility shall be permitted as accessory to the sale of motor vehicles provided the activities are conducted entirely in an enclosed building.
(3) Only repair of automobiles customarily associated with motor vehicle sales and leasing shall be permitted and shall be conducted inside a suitable building.
(4) No inoperable or unlicensed vehicles, which are not displayed for sale, shall be stored or parked outside for more than forty-eight (48) hours.
(5) Motor vehicles displayed for sale or lease shall be parked on a hard surface that complies with the minimum parking setbacks in the applicable zoning district.
(6) Vehicle parking areas, vehicle storage areas, maneuvering lanes, and access ways to public streets shall be designed to prevent interference with the safe and convenient movement of vehicular and pedestrian traffic on the site and adjacent public rights-of-way.
(v) Multifamily Dwelling.
(1) The principal orientation of all the multifamily buildings shall be the public street on which the lot has frontage. There shall be at least one entrance, for each building facing the street, and the principal windows of the multifamily units shall also face this public street.
(2) Vehicular entrances to the multifamily development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood.
(3) All accessory structures shall be located behind the rear building line of the multifamily dwellings.
(w) Office–Administrative/Professional. In the Industrial District, an administrative/professional office shall only be permitted when part of a multi-use development or when such use does not occupy the majority of the gross floor area in a stand-alone building or development.
(x) Office Warehouse/Flex Space.
(1) In the General Business District, the maximum gross square footage of such use shall be 50,000 square feet.
(2) No exterior odor, dust, noise, or other impacts shall be produced as a result of the use. On the Development Plan application, the applicant shall list all proposed uses as well as the square footage devoted to each use. If requested by the Planning Commission, the applicant shall provide documentation certifying that proposed uses will have no adverse, external impacts.
(y) Public Governmental Facility; Library; Park.
(1) The minimum lot area shall be 40,000 square feet.
(2) No outdoor activity or recreational area shall be permitted unless the lot area is two (2) acres or more.
(3) When adjacent to any boundary line of an R-S, R-1, and R-2 District, the minimum side and rear setback for principal and accessory buildings shall be fifty (50) feet.
(4) Outdoor recreational areas shall be not located in the front yard. The minimum setback from side and rear lot lines for all outdoor recreation areas shall be fifty (50) feet measured from the edge of the recreation area including any associated seating areas.
(5) Exterior lighting shall be compatible with the surrounding neighborhood and development.
(z) Public Maintenance/Transportation Facilities and Operation Yards.
(1) The minimum lot size shall be one and one-half (1.5) acres, and the minimum lot width shall be 100 feet.
(2) The minimum setback for principal and accessory structures abutting a Residence district boundary line shall be seventy-five (75) feet.
(3) Such facilities shall be limited to those that are essential for the distribution of services to the local area.
(4) Exterior lighting shall be compatible with the surrounding neighborhood and development.
(5) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust, and visual protection for all operations. At a minimum, a fifty (50) foot buffer yard shall be provided adjacent to any public street and any Residence zoning district. It shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6) feet. The evergreen shrubs shall be three (3) feet when planted. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center.
(aa) Public Safety Facility.
(1) The minimum lot size shall be one and one-half (1.5) acres, and the minimum lot width shall be 100 feet.
(2) The minimum side and rear setback for principal and accessory structures shall be thirty (30) feet. The minimum setback for principal and accessory structures abutting a Residence district boundary line shall be seventy-five (75) feet.
(3) Such facilities shall be limited to those that are essential for the distribution of safety services to the local area.
(4) Exterior lighting shall be compatible with the surrounding neighborhood and development.
(bb) Research and Development Facility.
(1) The principal activities of the use shall occur completely within an enclosed building.
(2) Where the site is adjacent to a Residence zoning district boundary line, hours of operation may be restricted by the Planning Commission.
(3) No exterior odor, dust, noise, or other impacts shall be produced as a result of the use. The Planning Commission may impose additional noise reduction measures, including landscaping and sound barriers, to minimize noise and to maintain the prevailing noise levels of permitted uses in the zoning district.
(cc) Retail Establishment. Retail sales to the public shall be permitted with industrial uses listed in Schedule 1159.02 (d) upon the following conditions:
(1) No more than twenty percent (20%) of the floor space of the industrial uses shall be devoted to retail sales to the public.
(2) The sale of goods or items to the public through retail sales shall be goods solely manufactured or normally warehoused in the primary part of the building.
(3) No additional separate signs for the retail portion of the operation shall be permitted and, under no circumstances, shall the maximum sign area permitted under the Zoning Code be exceeded or increased to permit on site advertisement of the retail sales portion of the business.
(4) All other restrictions and requirements for businesses in the Industrial District shall be applicable to the portion of the business used for retail sales.
(dd) Second-hand Establishment.
(1) Second-hand Establishment shall not be located closer than 500 feet from another Second-hand Establishment.
(2) Any designated collection area for receiving goods and merchandise shall be located on the side or rear of the building. Such collection area shall be noticed to prohibit depositing of goods when the store is closed.
(ee) Self-storage Facility, Indoor. Only Indoor Self-storage Facilities that existed prior to April 18, 2023 shall be permitted. New Indoor Self-storage Facilities and the conversion of existing buildings that existed as of April 18, 2023 is prohibited. Existing facilities shall comply with the following requirements.
(1) The standard leases for rental of a self-storage units shall include clauses prohibiting the following:
A. The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.
B. The self-storage unit shall be used only for dead storage.
C. No activities, such as the sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials shall be conducted from the self-storage units.
(2) The Fire Department shall be provided 24-hour access to the grounds. A lockbox or similar mechanism shall be provided for the Fire Department’s use.
(3) All storage shall be within a completely enclosed building. The outdoor storage of inventory, materials, vehicles, merchandise or other personal property is prohibited.
(4) Ornamental fencing is permitted and encouraged in the front of the building. No fence shall be topped with barbed wire or sharp edged materials.
(5) Indoor Self-storage facilities that existed as of April 18, 2023 shall only expand or enlarge in conformance with the following:
A. No storage unit door opening shall face a Residence Zoning District. The Planning Commission may grant an exception this regulation due to the shape of the parcel, the location of surrounding structures and utilities, the location of access points and other similar conditions. If the Commission grants such an exception, a 20-foot buffer yard shall be installed along the Residence Zoning District boundary in which a 6-foot masonry wall shall be constructed.
B. The Development Plan shall indicate the orientation of the buildings and the number and size of storage units.
C. The size of each storage unit shall not exceed 500 square feet.
(ff) Self-storage Facility, Outdoor. Only Outdoor Self-storage Facilities that existed prior to April 18, 2023 shall be permitted. New Outdoor Self-Storage Facilities are prohibited. Existing facilities shall comply with the following requirements.
(1) Vehicles, trailers, and equipment parked or stored outside shall be on an impervious surface, such as asphalt or concrete. The area surrounding the parked or stored vehicles, trailers and equipment shall be maintained and kept nuisance free pursuant to all applicable City ordinances, codes, standards, and regulations.
(2) The repainting, rebuilding, overhauling or dismantling of a vehicle or equipment or the storage of tires, motor, body or other parts is prohibited.
(gg) Truck Terminals.
(1) The minimum lot size shall be three (3) acres, and the minimum lot width shall be 200 feet.
(2) Where the site is adjacent to a Residence zoning district, hours of operation may be restricted by the Planning Commission.
(3) When the site is adjacent to a Residence zoning District, the minimum side and rear setback for principal and accessory structures shall be 100 feet.
(4) The facility shall be located on an arterial street.
(5) All vehicular access shall be provided via the arterial street and shall be designed so as not to create an interference with traffic on surrounding public streets.
(6) All truck parking, waiting, loading, unloading, and stacking areas shall comply with the principal building setbacks for the district in which the facility is located or the requirements in this sub-section, whichever is greater.
(7) All repair operations shall be conducted inside a principal or accessory building.
(8) To minimize noise, the Planning Commission may require noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(hh) Warehouses. Warehouses shall only be permitted in non-residential buildings existing prior to April 18, 2023. The construction of new warehouses is prohibited after April 18, 2023.
(ii) Wastewater Treatment Facility.
(1) The minimum lot size shall be five (5) acres.
(2) Fences and walls, in excess of six (6) feet in height, shall be setback from every public street right of way line a distance no less than twelve (12) feet and shall be setback from every other property line a distance of no less than ten (10) feet.
(3) Storage of materials shall be within a completely enclosed building.
(4) Wastewater Treatment Facilities, as measured from the outermost edge of the facility and its exterior operations, shall be located a minimum of seventy-five (75) feet from any residentially used property.
(5) Except as required in sub-section (4) above, the minimum side and rear setback for principal and accessory structures shall be thirty (30) feet
(6) Existing natural or manmade barriers at the site shall be provided as protection and screening against noise, dust and visual protection for all operations. At a minimum a fifty (50) foot buffer yard shall be provided adjacent to any public street and any Residence zoning district boundary line. It shall be planted with large and small evergreen trees and one row of evergreen shrubs. The large evergreen trees shall be at least six (6) feet in height when planted and allowed to grow to a minimum of ten (10) feet. The small evergreen trees shall be at least four (4) feet in height when planted and permitted to grow to a minimum of six (6 )feet. The evergreen shrubs shall be three (3) feet when planted. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center.
(Ord. 2023-029. Passed 4-18-23.)
1173.01 PROHIBITION OF LANDING HELICOPTER OTHER THAN AT HELIPORT OR HELISTOP.
No person shall land, discharge, load or take-off in a helicopter or by other steep gradient aircraft at any place within the City except at a heliport or helistop, the location and construction of which has been approved by the Director of Public Safety and which conforms to the specifications and requirements of this chapter.
(Ord. 72-13. Passed 7-11-72.)
1173.02 MINIMUM SPECIFICATIONS.
In addition to aviation and structural requirements which may be imposed by proper authority, heliports and helistops, where permitted, shall comply with the following requirements:
(a) Hard-Surfaced Areas. Every location approved or used as a heliport or helistop shall consist of a hard-surfaced area, free of dust and gravel, not less than 125 feet by 125 feet in size when located on the ground, or not less than sixty (60) feet by sixty (60) feet when located on a level rooftop or elevated platform, which area shall be set aside for exclusive use for such purposes, free of trees, wires and other obstructions, and enclosed by a fence at least three (3) feet in height, and so located as not to obstruct the glide angle of aircraft using such hard-surfaced areas.
(b) Approach Paths. At least two approach paths free and clear of obstructions shall be available to such heliport and helistop, having a width of at least 1,000 feet at a distance of 1,000 feet from the heliport or helistop, and at 500 feet of elevation, and tapering down to the width of the heliport or helistop. No approach path shall be used and no helicopter or other steep gradient aircraft shall be flown at an elevation of less than 500 feet over a residence building, school or other public building, or closer than 200 feet to any other building, structure, tree or public highway.
(c) Helistops. No fueling, repairing or maintenance of helicopters or other steep gradient aircraft shall be performed at a helistop, except in case of emergency, and no fuel shall be stored.
(Ord. 72-13. Passed 7-11-72.)
1173.03 ROOFTOP OR ELEVATED HELIPORT OR HELISTOP.
In addition to aviation and structural requirements which may be imposed by proper authority, and to other regulations contained in this chapter, every rooftop or platform heliport and helistop shall be constructed in accordance with the following minimum specifications:
(a) Material used for a rooftop or elevated heliport or helistop shall be of noncombustible material with a fire resistance rating of not less than two (2) hours.
(b) No opening or openings in the roof or platform shall be permitted in the immediate landing area.
(c) At least two approved means of egress, remote from each other, shall be provided from each rooftop landing area. Such egress shall be protected by doors having a Class B rating. All means of ingress and egress shall be identified and illuminated.
(d) The landing area and all openings shall be diked or curbed to a height of at least four (4) inches so as to confine fuel spillage to its confines.
(e) Fire extinguishing systems consisting of chemical portable extinguishers, building standpipe systems, or another source of water supply, and at least two hose stations remote from each other, shall be provided subject to detailed specifications and approval of the Fire Chief.
(f) An auxiliary pole station at or in close proximity to the landing pad, or a master or street box fire alarm directed to the Fire Division of the City shall be installed and maintained in good working order.
(g) Separate drains for the heliport or helistop shall be provided so that no gasoline or flammable liquids will be permitted to drain into a sewage system. Flammable liquid separators shall be provided.
(h) “No Smoking” signs shall be installed on the roof or platform.
(Ord. 72-13. Passed 7-11-72.)
1173.04 SUBMISSION OF PLANS.
Every person, firm or corporation intending to establish and use a heliport or helistop within the City shall first submit plans for approval to the Director of Public Safety, consisting of the following:
(a) A statement as to the intended use of the heliport or helistop, whether public or private, commercial or otherwise, the identity and financial responsibility of the management, frequency of flights and size and manufacture of equipment intended to be used;
(b) A plan of the proposed site showing dimensions of the entire usable areas, dimensions of actual landing and take-off areas, all obstructions within 1,000 feet of the heliport or helistop, indicating their heights, and drawings of flight and approach paths within 1,000 feet of the heliport or helistop;
(c) A report by a professional engineer approved by the Building Commissioner showing that the roof structure or platform is designated to support concentrated loads on any one square foot equivalent to three-fourths gross weight of the largest helicopter or steep gradient aircraft to be accommodated.
(Ord. 72-13. Passed 7-11-72.)
1173.05 APPROVAL OF HELIPORT OR HELISTOP,
No approval of plans and operations shall be given for such proposed heliport or helistop unless the Director of Public Safety is satisfied that all provisions of this chapter and other provisions of the Codified Ordinances and other pertinent ordinances and regulations will be complied with, that the public safety will be protected, and that the use and enjoyment of neighboring property will not be adversely affected. Every such approval shall be subject to:
(a) Continuing compliance with the provisions of this chapter and with applicable Federal Aviation Agency regulations;
(b) The prohibition of smoking within the heliport or helistop area; and
(c) The right and authority of the Director of Public Safety to cancel such approval and prohibit the use of such heliport or helistop for noncompliance with the provisions of this chapter, or F.A.A. regulations, or for any other reasonable cause or ground, based upon the protection of the public safety, health or welfare.
(Ord. 72-13. Passed 7-11-72.)
1175.01 AUTHORIZED CONSTRUCTION.
Storm shelters intended to provide protection to human life during periods of danger to human life from storms, nuclear fallout, air raids or other emergencies, may be constructed, erected and maintained in any district as a principal or accessory use, subject to all yard and area requirements applicable in the district where located.
(Ord. 72-13. Passed 7-11-72.)
1175.02 LOCATION AND YARD ENCROACHMENTS.
Storm shelters may be contained in other structures or may be constructed separately. In Residence Districts, storm shelters may occupy any area or yard which may be occupied by a principal or accessory building. If entirely underground, storm shelters may be constructed within any yard, including front yards, which otherwise are required by this Zoning Code to be kept and maintained free from buildings and structures, provided that no part of such underground shelter projects above the average grade of such yard, including ventilating devices, and provided that no entrance or exit opens into such yard.
(Ord. 72-13. Passed 7-11-72.)
1175.03 JOINT SHELTERS.
The Board of Zoning Appeals may authorize as a conditional use, construction of joint shelters by one or more property owners. In authorizing such joint shelters, the Board may modify or waive the side and rear yard requirements on the lot or lots directly involved in the construction of the joint shelter, provided that all applicable yard requirements are met where the lot involved in the joint shelter abuts property not included in the project.
(Ord. 72-13. Passed 7-11-72.)
1179.01 INTENT.
The purpose of this Chapter is to promote the public health, safety, and welfare through the provision of standards for existing and proposed signs of all types. More specifically, this Chapter is intended to:
(a) Enhance and protect the physical appearance of the community.
(b) Promote and maintain visually attractive residential, commercial, and industrial districts by reducing visual clutter and preventing blight characterized by oversized, overcrowded, abandoned, obsolete, and/or dilapidated signs.
(c) Ensure that signs are located and designed to reduce distraction and confusion as factors that may contribute to traffic congestion and accidents and thereby maintain a safe and orderly pedestrian and vehicular environment.
(d) Prevent obstructions of sight distance at the intersection of streets, alleys, or driveways.
(e) Prevent poorly constructed or painted signs and signs that are located or posted in an unsafe manner and minimize the risk of damage and injuries from signs that are structurally unsafe.
(f) Provide review procedures that enable the City to evaluate thoroughly the appropriateness of a sign to a specific site or building and its surroundings.
(g) Prohibit all signs not expressly permitted by this Chapter.
(h) Provide residents and businesses with an effective means of communication and wayfinding.
(i) Achieve an appropriate balance between signs as a means of communication and reducing the distractions caused by signs.
(j) Promote economic development.
(Ord. 2024-052. Passed 6-18-24.)
1179.02 CLASSIFICATION OF SIGNS.
For the purposes of this Chapter, signs shall be classified and defined by physical design or structure and function or purpose as follows:
(a) Physical Characteristics.
(1) Abandoned Sign: A sign that identifies or advertises a business, lessor, service, owner, product, or activity no longer conducted on the premises for ninety (90) consecutive days, and/or for which no legal owner or proprietor is found on the premises.
(2) Animated Sign: A sign, which uses movement or change of lighting to depict action or to create a special effect or scene.
(3) Banner Sign: A sign made with fabric, plastic, paper, or similar light weight material with no frame. National and state flags and the official flag of any organization, institution, or business shall not be considered banners.
(4) Billboard: A sign erected as a fixed structure elevated from the ground by at least eight and one-half feet (between the bottom of the display area of the billboard and the ground), which does not exceed a maximum height of seventy feet and which is wholly independent of any building side or roof top for support.
(5) Building Marker: Letters, words, or insignia cut into the building surface, or otherwise permanently mounted on the building, at the time of construction with the name or address of the building, date of construction, or to convey a memorial or similar message.
(6) Canopy or Awning Sign: A sign on or attached to the awning, canopy, or other fabric, plastic, or structural protective cover over a door entrance or window.
(7) Changeable Copy Sign: A sign on which the message or graphics is not permanently affixed to the structure, framing, or background and is designed to be periodically replaced or covered manually or by mechanical devices. Examples are a bulletin board and an announcement board.
(8) Electronic Message Center. An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an EMC. EMCs typically use light emitting diodes (LEDs) as a lighting source.
(9) Face of Sign: The area of a sign on which the copy is placed.
(10) Feather Sign: A sign with a flexible or rigid pole to which one side of a flexible fabric, generally in the shape of a feather or similar shape, is attached, and which is used for the primary purpose of advertising or attention-getting by the public display of visually communicative images. Such banners are also known and sold under names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," "teardrop banners," and others. This definition includes functionally similar display devices. See Figure 1.
Figure 1 Feather Sign
(11) Festoons: A string of ribbons, tinsel, small flags, pinwheels, or the like.
(12) Flashing Sign: A sign, other than a changeable copy sign or animated sign, which contains an intermittent or sequential flashing light source, used primarily to attract attention.
(13) Freestanding Sign: A sign supported by one or more uprights, posts, columns, or vertical structures or supports affixed to the ground and not attached to any part of the building. See Figure 4.
(14) Ground Sign: A freestanding sign, other than a pole sign, that is placed upon or supported by the ground independently of any other structure on a monument or pedestal structure. See Figure 2.
Figure 2 - Ground Sign
(15) Illuminated Sign: A sign with an artificial light source which internally or externally illuminates the sign.
(16) Marquee Sign: A sign attached to or supported by a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building.
(17) Menu Board: A sign, usually used by a restaurant, which is either mounted to the building, or located near the building alongside a driving or stacking lane. A "menu board" shall not be counted as a sign under Chapter 1179 so long as it complies with the following requirements:
A. It is constructed as an accessory use to a "drive-up service window" or "drive-thru facility";
B. The menu board does not face the municipal right-of-way but faces a side or rear property line;
C. No more than two (2) menu boards for each "drive-thru service window" are permitted; and,
D. It complies with all other requirements, as applicable, for a wall sign or freestanding sign as set forth in this Chapter.
(18) Nonconforming Sign: A sign which was erected legally but that no longer complies with current sign restrictions and regulations.
(19) Pole Sign: A permanent freestanding sign that is affixed, attached, or erected on a pole or poles. See Figure 3.
Figure 3 - Pole Sign
(20) Portable Sign: A sign that is designed to be transported on wheels, skids, a bench, runners, brackets or has a frame to which wheels, skids, runners, brackets or similar mechanical devices are or Figure 3 - Pole Sign can be attached.
(21) Projecting Sign: A sign, other than a flat wall sign, which is attached to and projects more than twelve (12) inches from a building wall or other structure. See Figure 4.
(22) Roof Sign: A sign erected on, above or over the roof of a building.
(23) Rotating Sign: A sign, or any portion thereof, which moves in a revolving or similar manner.
(24) Wall Sign: A sign on the surface or on the outside wall of any building, or erected parallel thereto, which does not extend more than twelve (12) inches therefrom and which does not project above the roofline or beyond the corner of the building. See Figure 4.
(25) Window Sign: A sign that is attached to, affixed to, painted on, or located within two (2) feet inside of a window and exposed to public view outside of the building. See Figure 4.
(b) Function.
(1) Building Sign: A sign attached to any part of a building including but not limited to wall, awning, canopy, marquee, and projecting signs.
(2) Incidental Instructional Sign: A sign or signs that support and facilitate traffic flow and safety needs and otherwise support the operational convenience for the benefit of facility owner or tenant and the customers alike. Such signs may be any type freestanding sign.
(3) Sign, pedestrian: A sign near or at street/sidewalk level that is oriented and scaled to the pedestrian, rather than the motorist. Such sign typically has two hinged boards or faces which can be placed on the ground.
(4) Temporary Sign: A sign that is designed to be used only temporarily and is not permanently, or intended to be permanently, attached to a building, structure or on the ground.
Illustration from A Planners Dictionary. Edited by Michael Davidson and Fay Dolnick
Figure 4 - Illustration of Types of Signs
(Ord. 2024-052. Passed 6-18-24.)
1179.03 GENERAL DEFINITIONS.
For the purposes of this Zoning Code, the following general definitions shall apply:
(a) "Approved combustible material" means wood or materials not more combustible than wood, and approved combustible plastics.
(b) "Approved combustible plastics" means only those plastics which, when tested in accordance with the American Society for Testing Materials standard method for test for flammability of plastics over 0.050 inch in thickness (D635-77), burn no faster than 2.5 inches per minute in sheets of 0.060 inch thickness.
(c) "Electrical sign" means any sign which has characters, letters, figures, designs, faces, backgrounds or outlines illuminated by incandescent or fluorescent lamps or luminous tubes as part of the sign proper, these light sources being either external or internal.
(d) "Dilapidation" means 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.
(e) "Display surface" means the entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.
(f) "Structure" means the supports, uprights, bracing and framework for the sign or outdoor display.
(g) "Structural trim" means the molding, battens, cappings, nailing strips, latticing, platforms and letters, figures, characters or representations in cut-out or irregular form which are attached to the sign structure.
(Ord. 2024-052. Passed 6-18-24.)
1179.04 APPLICATION OF SIGN REGULATIONS.
The regulations contained in this Chapter shall apply to all signs in the City of Bedford Heights.
(a) Signs shall be erected, established, painted, altered, reconstructed, moved or maintained, in whole or part, in accordance with the standards, procedures, exemptions, type, design, size, location, illumination and other provisions set forth in this Chapter and in accordance with other applicable codes and regulations of the City.
(b) Architectural features that are either part of the building or structure are not considered signs and are exempt from these regulations. Architectural features include any construction attending to, but not an integral part of the sign, and which may consist of landscaping, building or structural forms that enhance the site in general. An architectural feature means ornamentation or decorative elements attached to, incorporated into, or projection from the exterior of a building. Architectural features include, but are not limited to, doors, windows columns, cornices, eaves, gutters, belt courses, sills, lintels pediments, bay windows, chimneys, trim details and decorative ornaments.
(c) Noninterference with Other Codes. The provisions of this Chapter shall not amend or in any way interfere with any other code, rule or regulation governing traffic or other signs erected by public authority within the City.
(d) Signs Prohibited within Public Right-of-Way. No signs, other than traffic or other signs erected by public authority within the City, shall be permitted to be erected within the public right-of-way. Any unauthorized signs erected or placed within the public right-of-way are hereby declared to be public nuisances and may be abated as such by the City. The Director of Public Service and/or the Building Official of the City or their authorized agents or any City police officer are hereby authorized to remove and destroy any such unauthorized signs so erected within the public right- of-way.
(e) The following signs and displays are exempt from the regulations of this Chapter:
(1) Public Signs. A public regulation and information sign, municipal, and traffic signs, and a sign displaying a public notice or warning required by federal, state, or local law, ordinance, or regulation;
(2) Flags of any nation or government;
(3) Decorations pertaining to religious or secular holidays when displayed during the appropriate time of the year.
(4) Signs conforming to the Ohio Manual of Uniform Traffic Control Devices and other government signs for traffic control, public safety and other regulatory purposes.
(5) Any sign in a building, not attached to a window or door that is not legible from a distance of more than three (3) feet beyond the building in which such sign is located.
(6) Any outdoor sign that is not in any way visible from any adjacent public right-of-way or from any adjacent property.
(Ord. 2024-052. Passed 6-18-24.)
1179.05 COMPUTATIONS AND RULES OF MEASUREMENT.
The following regulations shall control the computation and measurement of sign area, sign
height, and building frontage:
(a) Determining Sign Area.
(1) Sign area shall include the face of the entire display area of the sign. Sign area shall not include the structural support unless such structural support is an integral part of the sign design.
(2) For a sign that is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of no more than three geometric shapes that encompasses the entire background or frame. Any protrusions beyond the area of less than five percent (5%) of the total sign area shall be exempt.
(3) For a sign comprised of individual letters, figures, or elements on a wall or similar surface of a building or structure, or on a regular or irregular shaped freestanding sign, the area of the sign shall be the area of up to three geometric shapes that encompasses the perimeter of the area on which all elements of the sign display are located. Any protrusions beyond the area of less than five percent (5%) of the total sign area shall be exempt. See Figure 5 - Calculation of Open Space and Area of Minor Protrusion.
Figure 5 - Calculation of Open Space & Area of Minor Protrusion
(4) For ground signs and projecting signs:
A. The sign area shall be computed by the measurement of one of the faces as prescribed above when two identical display faces are joined parallel to each other and are within two (2) feet of each other. See Figure 6.
B. No more than two (2) display faces shall be permitted for one (1) sign.
Figure 6 - Calculation of Sign Area
(b) Determining Sign Height. The height of a sign shall be measured from the average grade at the base of the sign or support structure to the top of the sign or support structure, whichever is highest. Decorative caps on top of the support posts shall not be included in the total sign height provided they do not exceed nine (9) inches in height. The height of a ground sign on an earthen mound shall be measured from the average site grade at the perimeter of the mounded area.
(c) Determining Building and Tenant Space Frontage. For the purposes of these sign regulations, the length of the building wall that faces a public street, that faces a parking lot, or that contains a public entrance to the uses therein shall be considered the building frontage as provided below:
(1) Each building frontage shall be entitled to the sign area permitted in this Chapter.
(2) The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.
(3) In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.
(4) For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a tenant space. The building frontage for a tenant space shall be the distance as measured between the centerlines of each party wall bordering the tenant space.
(5) The primary frontage is the wall with the main public entrance to a building or tenant space. A site/building shall have secondary frontage when any of the following site/building characteristics are present: (See Figure 7a and 7b.)
A. The subject site is located on a corner lot; or
B. The primary parking area is not located adjacent to a public street; or
C. The building or unit has exterior walls with public entrances that do not face the public street.
(6) When a site has primary and secondary frontage, as defined in subsection 1179.05(c)(5), the applicant shall determine, for signage purposes, which wall shall be the primary building frontage and which wall(s) shall be the secondary building frontage. A business shall have only one wall with primary building frontage. Any business and/or building shall be limited to two (2) secondary frontages.
(d) Determining Window Area. The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of these regulations, a single glass window shall be all of the glass area that has less than six (6) inches of separation from other glass areas. For the purposes of determining window area for ground floor occupants, the ground floor shall only include the glass area to a height of fifteen (15) feet above the elevation of the first floor of the building.
(e) Determining Sign Setbacks. The required setbacks for any ground sign shall apply to all elements of the sign, including its frame and base.
Illustration of Primary and Secondary Frontage
Figure 7a - Multi-Tenant Building
Figure 7b - Single Tenant Building
Ord. 2024-052. Passed 6-18-24.)
1179.06 SIGNS IN NON-RESIDENCE DISTRICTS.
Signs in Non-Residence districts, except the Trailer Park District, shall conform to the
standards set forth in this Section.
(a) Maximum Number and Area of Permanent Signs Attached to Buildings. A permanent sign attached to buildings shall conform to the maximum number and area limitations set forth in Schedule 1179.06(a).
Schedule 1179.06(a) Building Signs for the Primary Frontage | ||||||
Type of Sign | Maximum Area of Wall Signs, Awnings, and Canopies | |||||
TCOD | NRC | GB | SC-1 | LIO | I | |
(1) Wall, awning, canopy and marquee (a) | 2 sq. ft. per linear ft. of building or tenant space frontage, as applicable | 2 sq. ft. per linear ft. of building or tenant space frontage, as applicable | 2 sq. ft. per linear ft. of building or tenant space frontage, as applicable | 3 sq. ft. per linear ft. of building or tenant space frontage, as applicable | 2 sq. per linear ft. of building or tenant space frontage, as applicable | 3 sq. ft. per linear ft. of building or tenant space frontage, as applicable |
(2) Projecting | See Section 1179.06 (b)(3) | NP | NP | |||
(3) Incidental Instructional Signs (b) | Maximum Area = 4 sq. ft. | |||||
(4) Window Signs | 25% of window area | |||||
(a) The number of signs is not limited to a specific number. A building is permitted to have any number provided the total area of all signs does not exceed the maximum area allocation. (b) Incidental Instructional signs shall be permitted in addition to all other signs when they are of such size and location that satisfy the intended instructional, way-finding purpose. Incidental instructional signs shall be permitted pursuant to Schedule 1179.06(a) and may include the name of the business and logos. NP = Not Permitted | ||||||
(b) Building Signs. A building sign permitted in Schedule 1179.06(a) shall be erected in compliance with the following additional regulations.
(1) Sign Bonuses for Large Building Setbacks. The maximum allowable area for a building sign may be increased· by twenty-five percent (25%) for each 100 feet of building setback where the building is visible from the street and located more than 100 feet from the street on which the building fronts. The sign bonus allowed herein shall not exceed two hundred percent (200%) of the maximum allowable area.
(2) Sign bonuses for Corner Lots and Side and Rear Entrances. The maximum allowable area for building signs shall be increased above the allowable area set forth in Schedule 1179.06(a) when the following conditions apply:
A. Additional area shall be permitted when a building has a secondary frontage.
B. The sign area for signs on each secondary building frontage may be no greater than sixty percent (60%) of the sign area permitted for the primary frontage.
C. At the applicant's discretion, some or all of the sign area permitted for the primary frontage may be transferred to a secondary frontage. The resulting total area on the secondary frontage shall not exceed the maximum sign area permitted for the primary frontage. The election to transfer primary frontage sign area to secondary frontage shall be made in the sign application.
(3) Projecting Signs. In addition to the permitted sign area set forth in Schedule 1179.06(a), one projecting sign per tenant space when all of the following conditions are met:
A. Projecting signs shall be limited to not more than one sign for each establishment or business unit. Such signs shall be attached to the wall and shall not extend above any parapet wall.
B. Projecting signs shall be constructed of noncombustible materials, provided, however, that facings, letters, figures, decorations and structural trim thereof may be made of approved combustible materials.
C. Projecting signs may have letters, panels or ornaments of porcelain enamel, glass, approved combustible plastics, or other hard materials.
D. Projecting signs shall be supported by a decorative bracket attached to walls of buildings with through bolts, expansion bolts or another equally secure method, and shall be braced and held firmly in place. All such supports shall be attached to walls of buildings with expansion bolts or an equivalent method.
E. Projecting signs shall have a maximum area of twelve (12) square feet. The maximum width shall be three (3') feet; the maximum height shall be four (4') feet.
F. All projecting signs shall have a minimum clearance of eight (8') feet from grade to the bottom of the sign unless the projecting sign is located above a landscaped area or other area where pedestrian traffic beneath the sign is not permitted. Projecting signs shall have a maximum height of fourteen (14') feet from grade to the top of the projecting sign or structural support whichever is highest.
G. No portion of a projecting sign, including its frame or support, shall extend more than four (4') feet from the building wall to which it is attached.
(4) Wall Signs. Wall signs shall be located within the primary or secondary frontage of the advertised tenant space. The width of a wall sign shall not exceed ninety percent (90%) of the width of the tenant space. At least five percent (5%) on each end shall remain open and unoccupied. A letter, number or character, logo, or pictorial matter shall not exceed four (4') feet in height.
Permanent Freestanding Signs(f) | |||||
Maximum Number | Maximum Sign Area | Maximum Sign Height | Minimum Setback from ROW | Minimum Setback from Side Lot Line (c) | |
(1) Primary Ground Sign(a) | |||||
A. TCOD | 1 per lot (b) | 40 sq. ft. (d) | 6 ft. | 10 feet | 5 ft. |
B. NRC | 1 per lot (b) | 40 sq. ft. (d) | 6 ft. | 10 feet | 5 ft. |
C. GB | 1 per lot (b) | 40 sq. ft. (d) | 6 ft. | 10 feet | 5 ft. |
D. SC-1 | 1 per lot (b) | 75 sq. ft. (d) | 15 ft. | 10 feet | 5 ft. |
E. LIO | 1 per lot (b) | 50 sq. ft. (d) | 6 ft. | 10 feet | 5 ft. |
F. I Industrial District | 1 per lot (b) | 50 sq. ft. (d) | 6 ft. | 10 feet | 5 ft. |
(2) Pedestrian Sign | 1 per tenant space | 12 sq. ft. | 4 ft. | NA | NA |
(3) Incidental Instructional Signs(e) | Maximum Height – 4 feet | ||||
Maximum Area – 4 sq. ft. | |||||
(a) Not permitted on the site when the building is setback less than 10 feet from the street right-of-way. (b) Except as otherwise permitted in Section 1179.06 (c) (2) for lots that have 400 feet or more of street frontage. (c) Except that when a side lot line coincides with a Residence District boundary line, then the minimum setback shall be 25 feet. (d) Plus 1 sq. ft. for every 5 ft. of lot frontage >200 ft. Notwithstanding any provision of this Section, the area of any ground sign shall not exceed 75 square feet. (e) Incidental Instructional signs shall be permitted in addition to all other signs when they are of such size and location that satisfy the intended instructional, way-finding purpose. Incidental instructional signs shall be permitted pursuant to Schedule 1179.06(c) and may include the name of the business and logos. (f) Only ground signs are permitted. The Planning Commission may permit other types of freestanding signs per sub-section 1179.12 (c). If the Planning Commission permits other types of freestanding signs, such signs shall comply with the standards for ground signs. NA – Not applicable | |||||
(c) Permanent Freestanding Signs. Permanent freestanding signs in Non-Residence districts, except the Trailer Park District, shall comply with the following regulations.
(1) Maximum Number, Area and Height, Minimum Setback of Permanent Freestanding signs. Permanent freestanding signs shall comply with Schedule 1179.06(c).
(2) Additional Ground Signs for Large Lots. The number of ground signs on large lots (lots with at least 400 feet of frontage on one street) may be increased as follows. The allowable sign area permitted by this Section may be distributed to one or more freestanding sign(s) for each 200 feet of lot frontage. (For example, a lot with 400 feet of frontage would be permitted to have two ground signs. See Figure 8. The total area of all ground signs along the same street frontage shall comply with Schedule 1179.06(c).
Figure 8
Illustration of Additional Freestanding Signs for Large Lots
 | Lot with 400 feet of frontage Number of ground signs permitted = 2 400 ft./200 = 2 signs |
(3) Signs on Lots with Multiple Public Street Frontages. For a lot with frontage on multiple public streets, each street frontage shall be considered and calculated separately. The allowable sign area permitted by this Section may be divided among one or more ground sign(s) for each 200 feet of lot frontage. The total area of all freestanding signs shall comply with Schedule 1179.06(c). Two (2) signs may be aggregated into a single sign provided that the area of a ground sign face shall not exceed seventy-five (75) square feet.
(4) Minimum Separation of Ground Sign. Ground signs on a single lot shall be separated by a minimum of 200 feet, as measured along the street right-of-way line. For corner lots, both sides of the intersection shall be used to measure the distance of separation.
(5) Minimum Sign Setback from Intersection. On corner lots, ground signs shall comply with the minimum sign setback from both street rights-of-way, as set forth in Schedule 1179.06(c).
(6) Landscaping. Ground signs shall be erected in a landscaped area and not on sidewalks, drives or in parking lots. Neither the landscaping nor the freestanding sign shall obstruct the view of vehicles entering or exiting the property.
(7) Multi-Occupant Facilities. When a ground sign is permitted on a site that has more than one occupant, the property owner shall designate which occupants shall be identified on the sign area.
(8) Pedestrian Signs. Pedestrian signs shall be allowed in all Non-Residence Districts except the Trailer Park District pursuant to Schedule 1179.06(c). The sign shall be placed adjacent to the building. The pedestrian sign shall be removed at the close of each business day.
(d) Electronic Message Center/Changeable Copy Signs.
(1) Changeable copy signs may be utilized on any permitted sign.
(2) Electronic message centers (EMCs) are prohibited in the Residence Districts.
(3) Electronic message centers shall only be permitted in conformance with the following regulations:
A. Electronic message centers shall only be permitted in the General Business District, Northfield Road Commercial District - Tier 1 and 2, Industrial District, and the Light Industrial/Office District.
B. Setback from Residence Districts. The leading edge of the sign shall be a minimum distance of 100 feet from an abutting Residence District boundary.
C. Orientation. When located within 150 feet of a residentially-used lot in a Residence District, all parts of the electronic changeable copy sign shall be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on such residential lot.
D. An electronic message center shall only be permitted on a ground sign whose sign area is in conformance with the permitted areas in Schedule 1179.06(c), provided it shall not exceed twenty-five percent (25%) of the total sign area of the ground sign.
E. Electronic Message Center Illumination. The brightness ofthe EMC's illuminance shall not exceed 0.3 foot-candles above the ambient light level in accordance with the following procedure:
i. The illuminance of an EMC shall be measured with an illuminance meter set to measure foot candles accurate to at least two (2) decimals.
ii. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color-capable EMC, or a solid message for a single-color EMC.
iii. All measurements shall be taken as close as practical to a perpendicular plane of the sign at the distance determined by the following formula : The square root of the Area of Sign in Sq. Ft x 100.
All permitted EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination is programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3- foot candle measurements.
Each EMC sign shall be operated with monitoring and methods in place that shall either turn off the display, or show a full black image on the display, in the event of a malfunction that affects more than fifty percent (50%) of the EMC sign face.
F. EMC signs shall have a minimum display time of eight (8) seconds. The transition time between messages and/or message frames is limited to three (3) seconds. Transitions may employ fade, dissolve, and or other transition effects. The following EMC display features and functions are prohibited: continuous scrolling and/or traveling, flashing, spinning, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.
G. Audio Prohibited. EMCs shall not utilize audio devices to create sound.
H. Electronic Message Center signs shall be subject to approval by the Planning Commission and City Council.
(e) Temporary Signs in Non-Residence Districts. The following regulations for temporary signs in Non-Residence districts, excluding the Trailer Park District, supplement and are in addition to the maximum sign area and other regulations set forth in Section 1179.06 (a)- (d).
(1) Setbacks: All temporary freestanding signs shall be located no closer than five (5) feet from the street right-of-way line and ten (10) feet from a side lot line, unless specifically regulated otherwise.
(2) Illumination: Temporary signs shall not be illuminated.
(3) Number and Size: One temporary sign shall be permitted per developed nonresidential property. Maximum size for a freestanding sign is sixteen (16) square feet and the maximum size for a temporary sign attached to a building is forty (40) square feet. The maximum height for a freestanding temporary sign is six (6) feet.
(4) One additional temporary sign may be located on a property during active construction authorized by a Zoning Permit as long as the sign does not exceed thirty-two (32) square feet.
(5) One temporary sign shall be permitted per undeveloped property. Maximum size for a freestanding sign is sixteen (16) square feet. The maximum height for a freestanding temporary sign is six (6) feet.
(6) No temporary sign shall be erected so as to prevent free ingress to, or egress from, any door, window, fire escape or ventilating equipment, nor shall any sign be attached to any standpipe or fire escape. Except as otherwise permitted in this Zoning Code, no temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare or be placed or project over any wall openings.
(7) Temporary Inflatable Signs. Temporary inflatable signs announcing special business events such as sales or new business announcements or special City events on City property approved by the Mayor shall be permitted in accordance with a Sign Permit to be issued in accordance with the following regulations:
A. The company that installs inflatable signs must be a properly licensed contractor in the City.
B. Construction, erection, safety, and maintenance of all inflatable signs shall be in accordance with the Building Code and State regulations, including the BOCA National Fire Prevention Code and the Ohio Basic Building Code.
C. Inflatable signs shall be secured in an approved manner so as not to encroach upon the air rights of adjoining properties, and no inflatable sign shall exceed thirty (30) feet in height, measured from the mounting level.
D. Inflatable signs shall not be installed below or within ten (10) feet horizontally of any electrical conductors, phone conductors, CATV conductors, fire alarm conductors, or any other similar installations.
E. The inflatable structure shall be ground-mounted or attached to supports and guy wires ground-mounted or securely attached to the building roof. No inflatable structure will be permitted to be secured to any mechanical equipment, parapet walls or other items normally found on the roof of a structure.
F. The location of the inflatable structure shall not create a nuisance to adjacent or surrounding properties.
G. A building permit is required for each inflatable sign to be erected. At the time of permit application, a sealed drawing of the inflatable sign and the subject property, showing the elevation, location and means of attachment, shall be submitted with a photograph or drawing depicting the sign. In addition, a fee, as set forth in Section 1329.09(d), shall be required for each permit.
H. Each applicant who uses an inflatable sign is limited to no more than four (4) times per calendar year (January 1 - December 31) with a limit of up to twenty-eight (28) total days per year.
I. The duration of each inflatable display will not exceed twenty- eight (28) consecutive days. The maximum length of each permit shall be one (1) week.
J. No inflatable sign shall be permitted within a quarter mile radius of another inflatable sign (whether located within or outside the City).
K. Signage on the inflatable sign shall be limited to no more than two (2) lines of copy, and all such signs shall advertise only for activities on the premises where the inflatable sign is located.
L. Sexually explicit or otherwise morally objectionable designs or copy shall be prohibited.
(8) Temporary Signs Allowed during Major Road Construction Projects. A business fronting on a street or road that is undergoing long-term construction shall be permitted additional temporary signage in accordance with the following regulations:
A. Temporary construction signs shall be directional in nature and shall be limited to the name of the business, a logo or graphic, and such directional information as "entrance", "exit", or arrows. No advertising shall be permitted on such temporary construction signs.
B. Temporary construction signs shall not exceed sixteen (16) square feet in size.
C. All temporary construction signs shall be constructed out of durable materials, such as plywood or sheet metal. Such signs shall not be constructed of cardboard or other papers.
D. All temporary construction signs shall be maintained in good condition during the construction period. Damaged signs must be immediately repaired or removed.
E. Temporary construction signs are permitted in the parking area of the business or in the public rights-of-way, provided they do not interfere with traffic or construction.
F. Temporary construction signs shall not block the public sidewalk or obstruct vehicle sight distance or interfere with road construction .
G. Temporary construction signs must be removed when traffic flow is restored to normal.
H. Permits are required for temporary construction signs permitted by this subsection (e)(8), but permit fees shall be waived . A sketch or drawing of the type of sign and location must be attached to the application for such a permit.
I. Height of a Freestanding Sign. The height of the lowest member of any sign which is not integral with a wall surface shall not be less than eight and one-half (8-1/2) feet above any sidewalk or other pedestrian way and not less than fourteen (14) feet if over or within eighteen (18) inches of the vertical projection of a pavement used for vehicular traffic. The maximum height of such sign shall not exceed twenty (20) feet.
(Ord. 2024-052. Passed 6-18-24.)
1179.07 SIGNS IN RESIDENCE DISTRICTS.
Signs for all residential uses and for non-residential uses in the Residence District as well as signs in the Trailer Park District shall comply with the regulations set forth in this Section.
(a) Sign Standards. Signs for all residential uses and for non-residential uses in Residence Districts shall be limited in number, area, height and setback based on the type of use, as set forth in Schedule 1179.07(a).
Permanent Signs in Residence and Trailer Park Districts | ||||
Type | Maximum Number Permitted | Maximum Area Per Sign | Regulations for Ground Signs | |
Maximum Height | Min Setback from ROW | |||
(1) Signs for One-Family Detached | ||||
A. Wall Sign | 1/DU | 2 sq. ft. | NA | NA |
B. Ground sign for Residential Subdivision | 1/development | 16 sq. ft. | 4 ft. | 10 ft. |
(2) Multi-Family and Town Houses | ||||
A. Wall Sign | 1 | 16 sq. ft. | NA | NA |
B. Ground sign | 1/development | 16 sq. ft. | 4 ft. | 10 ft. |
(3) Non-residential Uses/Conditional Uses/Senior Residence and Trailer Park Districts | ||||
A. Wall Sign | 1 | 16 sq. ft. | NA | NA |
B. Ground sign | 1 | 16 sq. ft. | 6 ft. | 10 ft. |
DU = Dwelling Unit NA = Not Applicable | ||||
(b) Supplemental Regulations for Permanent Ground Signs.
(1) Ground signs shall be erected in a landscaped area and not on sidewalks, drives, or in parking lots.
(2) No part of a ground sign, the wall or entry feature on which it is mounted, or the landscaping sha ll obstruct the view of vehicles entering or exiting the property.
(3) For non-residential uses, a maximum of eighty percent (80%) of the sign area may be devoted to changeable copy. The changeable copy shall not be changed more than once per day.
(c) Supplemental Regulations for Temporary Signs. Temporary signs are permitted in
Residence Districts subject to the fo llowing provisions:
(1) Temporary signs associated with one-family detached dwellings and townhouses shall not be illuminated and shall comply with the requirements in Schedule 1179.07(c)(1).
Temporary Signs for One-family Detached Dwellings and Townhouses | |
Requirement | |
A. Total of All Temporary Signs at any One Time | Maximum of 16 sq. ft. per lot or parcel |
B. Number of Signs | Unlimited except that the total area shall not exceed 16 sq. ft. |
C. Maximum Height of Freestanding Temporary Signs | 4 feet |
(2) Temporary Signs for non-residential uses in the Residence Districts and in the Multifamily and Senior Residence Districts shall not be illuminated and shall comply with the requirements in Schedule 1179.07(c)(2).
Temporary Signs for Non-residential Uses, Multi-family and Senior Residence Districts | |
Requirement | |
A. Total of All Temporary Signs at any One Time | Maximum of 20 sq. ft. |
B. Number of Signs | Unlimited except that the total area shall not exceed 20 sq. ft. |
C. Maximum Height of Freestanding Temporary Signs | 6 feet |
(3) Setbacks. All temporary freestanding signs shall be located no closer than five (5) feet from the street right-of-way line and ten (10) feet from a side lot line, unless specifically regulated otherwise.
(4) One additional temporary sign may be located on a property in the Residence and Trailer Park Districts during active construction on the property authorized by a Zoning Permit as long as the sign does not exceed twelve (12) square feet and is less than six (6) feet in height.
(Ord. 2024-052. Passed 6-18-24.)
1179.08 PROHIBITED SIGNS.
All signs not expressly permitted in this Chapter are prohibited. The Board of Zoning
Appeals has no jurisdiction to grant a variance to permit prohibited signs, but the Planning
Commission may consider pursuant to Section 1179.12(c). Prohibited signs include but are not limited to the following:
(a) A sign on or over any public sidewalk, street, or other public property or within any public easement or right-of-way except as otherwise permitted in this Code.
(b) Roof Signs;
(c) Billboards;
(d) Flashing, moving, blinker, racer type, intermittent, rotating, moving, animated, or revolving signs, whirligig devices, and tethered balloons, pennants, ribbons, streamers, spinners, exposed light bulbs, strings of lights not permanently mounted to a rigid Sign Regulations background, and other similar types of attention-getting devices, except as provided in Section 1179.06(e)(8);
(e) Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification or advertising purposes;
(f) Signs mounted on mobile platforms or trailers, with either fixed or movable letters, lighted or unlighted.
(g) Pole signs, except Incidental Instructional signs as provided for in this Chapter.
(h) Temporary signs placed in the public right-of-way not installed by a government agency for public safety, notification, or identification except as permitted by this Chapter.
(i) Feather signs.
(j) Signs attached to natural vegetation.
(Ord. 2024-052. Passed 6-18-24.)
1179.09 DESIGN STANDARDS.
In addition to ensuring compliance with the size requirements of these regulations, the Zoning Inspector and Planning Commission, when the Commission evaluates Sign Concept Plans,
shall consider the proposed general design arrangement and placement of the sign according to the
following criteria:
(a) The lettering shall be large enough to be easily read but not overly large or out of scale with the building or site.
(b) The sign should be consolidated into a minimum number of elements.
(c) The ratio between the message and the background shall permit easy recognition of the message.
(d) The size, style, and location of the sign shall be appropriate to the activity of the site.
(e) The sign shall be designed and placed to enhance the architecture of the building.
(f) Signs shall be designed with a limited number and harmonious use of colors.
(g) Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block.
(h) Incidental Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.
(i) Signs shall be located to maintain safe and orderly pedestrian and vehicular circulation. (Ord. 2024-052. Passed 6-18-24.)
1179.10 SIGN ILLUMINATION, CONSTRUCTION, AND MAINTENANCE STANDARDS; PROHIBITIONS.
(a) Illumination. Illuminated signs shall meet the following requirements:
(1) Light sources shall be shielded from all adjacent buildings and streets.
(2) Light sources to illuminate signs shall not be of excessive brightness or cause glare hazardous to pedestrians or automobile drivers on the roadways or be objectionable to adjacent residential districts. The colors red or green, either in direct illumination or reflection, shall not be used where they may interfere with Sign Regulations the sight lines of a traffic signal. Flashing, moving, or intermittent illumination and outline lighting shall not be permitted.
(3) Signs in the Residence districts shall not be illuminated, except for permanent, ground signs.
(b) Construction Standards.
(1) The construction, erection, safety, and maintenance of all signs shall comply with all applicable building codes.
(2) Signs shall be constructed of noncombustible materials, provided, however, that facings, letters, figures, decorations and structural trim thereof may be made of approved combustible materials.
(3) A sign shall be constructed in a good and workmanlike manner. Awnings, canopies, marquees, projecting signs, and sign structures more than six (6) feet in height, shall be designed by a registered professional engineer to support the applicable design loads as specified in Ohio Administrative Code (OAC) 4101:1-16 (Structural Design).
(4) A sign shall be located and secured in a manner to insure the safety of pedestrians and motorists.
(5) Permanent signs shall be fabricated with durable materials.
(6) Electrical signs and permanent signs involving structural requirements of the building code shall be installed, repa ired, altered, and serviced only by a contractor licensed to perform such tasks.
(7) No sign shall obstruct architectural trim or feature of a building including but not limited to a column or an arch; ventilating system; window; door; fire escape or window or door leading thereto; balcony, platform, stairway, ladder, vent, or any means of entry or exit. No sign shall be attached in any form, shape, or manner to a fire escape.
(8) No sign shall be attached to a utility pole, tree, trash receptacle, bench, or other structure not intended or approved as a sign support.
(9) Temporary signs shall be durable, weather-resistant, and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
(10) No sign shall be erected in a public right-of-way, or at the intersection of any streets, which obstructs free and clear vision; or at any location where, by reason of its position, shape or color, the sign may interfere with, obstruct the view of, or be confused with any traffic control sign, signal or device; or which includes the words "STOP", "LOOK", "DANGER" or any other like word, phrase, symbol or character which may be confused with a traffic or warning sign.
(11) Unless regulated otherwise in the Traffic Code, signs shall not be erected so as to obstruct traffic control light, signs at street intersections, sight lines within street lines or signals at railroad grade crossings.
(c) Maintenance. All signs shall be maintained in good repair in accordance with the following:
(1) The property owner, occupant, tenant and/or sign applicant shall maintain a sign so the sign content is visible, the sign is operable and the sign is in good repair, structurally sound and secure; and shall continue to comply with all building code requirements.
(2) If the Building Official determines that a sign is unsafe, insecure, or a public nuisance, the property owner, occupant, tenant and/or sign applicant shall be given written notice by the Building Official. Within forty-eight (48) hours of such notification, the violation shall be corrected or the sign removed. If the violation is not remedied within forty-eight (48) hours, the sign may be removed or repaired by the City to comply with these regulations at the expense of the owner, tenant and/or sign applicant of the premises upon which the sign is located. The Building Official may remove without notice any sign that creates an immediate danger to persons or property.
(3) The Building Official may order any sign to be painted or refurbished to keep the sign in a neat and safe condition. All sign supports, guys, braces, and anchors shall be maintained in a safe condition.
(d) Abandoned Signs and Failure to Maintain. An abandoned sign which fails to serve the purpose for which it was intended or a sign not properly maintained shall be removed by the owner, occupant, tenant and/or sign applicant within ten (10) business days after receipt of written notice by the Building Official. The sign area shall be replaced by a neutral, single background color panel or similar cover. If the sign is comprised of individually raised letters, the letters shall be removed and any holes in the building's facade shall be repaired. The Building Official is authorized to commence legal action for an order to remove the sign. All expenses incurred by the City to remove the sign shall be paid by the owner of the property on which the sign is located.
(e) Signs erected in violation of the Code shall be removed by the owner, tenant, occupant and/or sign applicant, or person having the beneficial use of the building, structure, or land upon which such sign is located, within ten (10) business days after receipt of written notice by the Building Official. Upon failure to remove the sign pursuant to such order, the Building Official is hereby authorized to commence legal action for an order to remove the sign. All expenses incurred by the City to remove the sign shall be paid by the owner of the property on which the sign is located.
(f) Prohibited Advertising. No sign advertising for promoting cigarettes or other tobacco products, alcoholic beverages and sexually-related materials shall be placed within 1,000
feet of the boundaries of any school premises or school building or on any billboard located within the City. The words "school", "school premises" and "school building" shall have the same meanings as set forth in Ohio R.C. 2925.01(Q), (R) and (S).
(Ord. 2024-052. Passed 6-18-24.)
1179.11 NONCONFORMING SIGNS.
(a) Maintenance of Nonconforming Signs. A nonconforming sign and the supports thereof shall be maintained in good condition pursuant to Section 1179.10(c), Maintenance.
(b) Alteration and Removal of Nonconforming Signs.
(1) Nonconforming signs shall be removed and any subsequent modification or replacement, excluding maintenance pursuant to this Chapter, shall conform to all requirements of this Chapter:
A. When fifty percent (50%) or more of the market value of the sign has been destroyed or taken down; or,
B. When the use which the nonconforming sign is accessory to is vacant for ninety (90) consecutive days.
Fifteen (15) years from the date of adoption of this Chapter, nonconforming pole signs shall be removed, unless an extension is granted by the Planning Commission as set forth in subsection (c) herein or the pole sign is permitted pursuant to Section 1179.12(c).
(2) A nonconforming sign shall not be altered, modified, or reconstructed other than to comply with this Chapter except:
A. When the existing use has new ownership, which results in a change in the name of the use or business on the property; and,
B. Pursuant to this subsection, the nonconforming sign may be changed only by replacing a sign panel or by repainting a sign face.
(3) A nonconforming sign shall immediately lose its legal nonconforming status and thereafter must be brought into conformance with this Chapter or removed whenever alterations to a nonconforming sign changes the structure or framing or the nonconforming sign is relocated.
(c) Extension of Time to Comply. The Planning Commission may extend the time for removal of a nonconforming pole sign as required by Section 1179.11(b)(2) for a period which is the lesser of the remaining depreciable life of the nonconforming sign or five (5) years. In determining the depreciable life of a nonconforming sign, the Commission may consider the depreciable life determined by the owner of such sign, but may also consider other standard accounting principles. In evaluating the extension of the deadline for removal or compliance of a nonconforming sign, the Planning Commission shall consider the following factors:
(1) The cost of the sign and the length of time the sign has been in place;
(2) The current life expectancy of the sign and its salvage value, if any;
(3) The length of the current tenant lease or expected occupancy in relation to the compliance deadline;
(4) The factors that cause the sign to be nonconforming and not in compliance with the requirements of this Chapter; and,
(5) The factors that cause the sign to be consistent with the purposes of this Chapter. (Ord. 2024-052. Passed 6-18-24.)
1179.12 ADMINISTRATIVE PROVISIONS.
(a) Compliance with this Section. No person shall erect, locate, move, alter, or replace a sign or cause a sign to be erected, moved, altered or replaced, except in compliance with this Chapter.
(b) Sign Concept Plan. For multi-tenant buildings and development projects with multiple buildings, the Planning Commission may approve the location, size, color, and style of
tenant signs when the Planning Commission reviews the development plans for new buildings. When evaluating sign concept plans, the Planning Commission shall consider the criteria in Section 1179.09. Whenever the Planning Commission has approved a sign concept plan, the Zoning Inspector shall require that subsequent tenant signage complies therewith.
(c) A proposed sign that is not in compliance with the requirements in this Chapter may be reviewed by the Planning Commission as a Conditional Use pursuant to Chapter 1137. When considering deviation from the sign requirements herein, the Planning Commission may approve such sign when it determines that:
(1) The size and scale of the sign is appropriate for the size of the building and the proportion of the build ing (panel, fascia, wall, and other arch itectural features) and/or lot on which the sign will be placed.
(2) The proposed sign is the minimum relief necessary to assure it is visible to the intended viewers, typically passing motorists.
(3) The additional sign, additional sign area, alternative location, sign type, and/or the design will not adversely impact the adjacent residential areas, or otherwise compromise any other public interests.
(d) Application, Administrative Review, and Approval of Signage Proposals.
(1) A sign permit application shall be reviewed administratively by the Building Official for compliance with the design criteria, construction standards, maintenance, and all other applicable regulations in th is Chapter.
(2) A Sign Permit shall expire one (1) year after the date of issuance if the sign has not been installed.
(3) The Building Official may approve a minor alteration to an existing Sign Permit without requiring the submittal, review, and approval of a new Sign Permit application.
(4) Upon approval of a Sign Permit Application, the Building Official shall issue a Sign Permit.
(e) Application for Permit; Specifications; Bond or Insurance.
(1) A permit shall be required for all permanent and temporary signs as follows:
A. Districts. In the Residence Districts, if the sign exceeds four (4) square feet in total area; in all other districts, if the sign exceeds eight (8) square feet in total area; for temporary signs in Non-Residence Districts, all signs regardless of size.
B. Form and Content. Applications for a Sign Permits to erect, place, paint or alter a sign shall be made by the owner or lessee of the property upon which a sign is proposed and submitted on forms furnished by the Building Official. The applications shall be made separately from any other Zoning or Building permit. The fee shall be established by separate ordinance. Each application shall be accompanied by drawings to scale showing the design and layout proposed, including the total area of the sign and the size, character and color of letters, lines and symbols, and showing the method of illumination, if any, and the exact location of the sign in relation to the building and property.
C. Specifications. Details and specifications for construction, erection, and attachments shall be as required by the Building Code.
(2) Bond or Insurance.
A. No person, firm, or corporation shall install, erect or maintain any sign or medium of display or advertising, electric or otherwise, exceeding twenty-five (25) square feet in area, until such person, firm or corporation has filed with the Building Official a surety bond in the sum of ten thousand dollars ($10,000). Such bond shall be subject to the approval of the Director of Law and shall be conditioned upon the installation and erection of signs in accordance with the ordinances of the City and the laws of Ohio. It shall also provide for the indemnification of the City for any and all damages or liability which may accrue against it by reason of faulty installation, erection, demolition, repair, removal or defects in, or collapse of, any sign for a period of one (1) year after erection and for such period of time that such a sign is maintained or serviced by or under the direction of the maker of such bond. Such bond shall further provide for the indemnification of any person, firm or corporation who shall, while upon public property or in any public place, incur damage for which the principal named in the bond is legally liable.
B. In lieu of executing and filing a bond under this section, the applicant may file with the Clerk-Treasurer a certificate of an insurance company duly authorized to do business in Ohio certifying that there is in effect an insurance policy in an amount equal to the penal sum required if a bond were filed, insuring the applicant and the City against any and all claims for personal injury or damage to property that in any way result from such a sign or marquee. The certificate shall also state that the policy shall not be canceled or in any manner amended, changed or altered without giving the Clerk-Treasurer five (5) days written notice thereof. All of the provisions of the ordinances of the City and of this section shall be applicable to any certificate filed in accordance with the provisions hereof.
(f) Status of Prior Violations. A violation of the sign regulations in effect upon the adoption of this Chapter shall continue, unless in compliance with this Chapter, and penalties and enforcement remedies available to the City shall continue in full force and effect. The City may continue to pursue imposition and collection of penalties for the violations that occurred prior to the effective date of this Chapter.
(Ord. 2024-052. Passed 6-18-24.)
1179.99 PENALTY.
Anyone violating this chapter is subject to a penalty of two hundred fifty dollars ($250.00) per day for each violation.
(Ord. 2024-052. Passed 6-18-24.)
1181.01 INTENT.
Off street parking and loading requirements and regulations are established in order to achieve, among other things, the following purposes:
(a) To provide regulations that assure sufficient number of off-street parking spaces, in proportion to the need of each use to:
(1) To relieve congestion on streets to allow more fully the movement of vehicular traffic;
(2) To lessen vehicular movement in the vicinity of intensive pedestrian traffic and thereby promote safety and convenience;
(3) To protect adjoining residential neighborhoods from excessive non-residential on-street parking; and,
(4) To promote general convenience, welfare, and prosperity of developments which depend upon off-street parking facilities.
(b) To provide for accommodation of vehicles in a functionally and aesthetically satisfactory manner and to minimize external effects on adjacent land uses.
(c) To allow flexibility in addressing vehicle parking and access issues.
(Ord. 2023-029. Passed 4-18-23.)
1181.02 PARKING FACILITIES REQUIRED.
(a) Accessory off street parking facilities, including access driveways, shall be provided prior to the occupancy of a building or use. Facilities shall be provided for the entire building or use in accordance with the regulations in this Chapter whenever:
(1) A building is constructed or a new use is established; or
(2) An existing building is altered or there is an increase in the number of dwelling units, seating capacity, floor area of a building, or employees; or,
(3) The use of an existing building is changed to a use that requires more off-street parking facilities.
(b) The Zoning Inspector is authorized to waive a requirement for additional parking spaces relating to the construction of a minor accessory building or minor building addition when such construction is within the limits prescribed by Section 1131.09, Minor Alterations Approved by the Zoning Inspector.
(Ord. 2023-029. Passed 4-18-23.)
1181.03 CONTINUATION AND EXPANSION OF EXISTING PARKING FACILITIES.
(a) Expansion of Existing Facilities. When an existing parking lot or loading area is increased in area by thirty-three percent (33%) or more, the entire parking lot or loading area shall conform to the current requirements for paving, storm water management, and landscaping.
(b) Alterations to Existing Facilities. Alterations or repairs may be made to any existing parking lot or loading area without requiring the existing facility to comply with the current requirements of this Zoning Code. Alterations or repairs shall conform to the applicable requirements set forth herein.
(c) Existing Off-Street Parking Facilities. All existing off-street parking facilities, or those required as accessory to a use of a proposed or altered building, shall continue unobstructed in operation, shall not be used for automobile service or repair or the overnight storage of commercial motor vehicles or equipment and shall not be reduced below the required size as long as the main or principal use remains, unless an equivalent number of spaces is provided for such use in another approved location.
(Ord. 2023-029. Passed 4-18-23.)
1181.04 UNITS OF MEASURE.
In computing the number of parking spaces required by this Code, the following rules shall apply. Some parking requirement reductions are permissible pursuant to this Chapter:
(a) Floor Area. Floor area means, in the case of offices, merchandising, retail, or service types of uses, the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. Any areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise, for show windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities, or for dressing rooms, fitting or alteration rooms, may be excluded, subject to approval by the Planning Commission.
(b) Seats. Seat means the number of seating units installed or indicated on plans for places of assembly, or one seat for each twenty-four (24) lineal inches of benches or pews or the capacity shall be determined as one seat for each twenty (20) square feet of gross floor area of the assembly room.
(c) Employees. Employees means the maximum number of employees on duty on the premises at one time.
(d) Fractional Unit. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.
(e) Parking for Mixed Uses. When a building or group of buildings contains two (2) or more uses, normally operating during the same hours, the number of parking spaces for each use shall be computed separately. The total spaces provided shall not be less than the sum of the spaces required for each use, except as otherwise provided for in this Chapter.
(f) Parking Requirements for Uses Not Specified.
(1) When the off-street parking requirements for a use are not specifically defined herein, the parking facilities for such use shall be determined by the Zoning Inspector based on the standard most similar to the proposed use.
(2) Appeal by the applicant of a decision by the Zoning Inspector according to this Section and deemed to be too restrictive may be reviewed by the Planning Commission at a regular meeting.
(Ord. 2023-029. Passed 4-18-23.)
1181.05 SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES.
The number of off-street parking spaces required shall be as set forth in the following Schedule:
Schedule 1181.05 Required Off-Street Parking Spaces | |
Principal Building or Use | Minimum Parking Requirement (a), (b) |
(a) Residential | |
(1) Dwelling unit(s) above non-residential use | 1 space per dwelling unit |
(2) Multifamily dwelling | 1 garage plus 1 open parking space per dwelling unit |
(3) Rooming house, rented rooms | 1 space per roomer plus 1 space for resident family |
(4) Single and two-family dwellings | 1 garage per dwelling unit |
(5) Town houses | 1½ spaces per dwelling unit |
Required Off-Street Parking Spaces | |
Principal Building or Use | Minimum Parking Requirement (a), (b) |
(b) Governmental/Community Facilities | |
(1) Cemetery | 0.75 space per employee + 1 space per 4 persons at design capacity of any chapel |
(2) Congregate care facility/nursing home/ assisted living facility | 1 space for each 6 beds, plus 1 space for every 3 employees |
(3) Day Care Center, Adult or Child | 1 space per employee |
(4) Elementary and Junior/Middle Schools | 1 space per classroom plus 1 space for every 4 seats in the largest auditorium or assembly room |
(5) Government Facilities, other than municipal | To be established by the Planning Commission(b) |
(6) High school | 1 space for every teacher, employee and administrator, plus 1 space per 7 students, plus 1 space for every 4 seats in the largest auditorium or sports arena |
(7) Hospital | 1 space per 2 beds |
(8) Cultural Institution; Museums; Library and similar use | 1 space for each 400 square feet of public floor area |
(9) Meeting Hall and similar uses | 1 space per 4 persons at design capacity |
(10) Place of worship | 1 space per each 4 seats in the auditorium or assembly rooms |
(11) Public buildings, municipal including public safety facilities | 1 space per each full-time employee plus 1 space for each 6 seats in assembly rooms |
(12) School (Public/Private) college/ university | 1 space per 4 students (based on the maximum number of students at design capacity) plus 2 spaces for each 3 employees |
(c) Office, Business & Professional Services | |
(1) Banking; Financial Institutions | 1 space per 350 square feet of floor area |
(2) Conference Center | 1 space per 4 seats in the assembly rooms plus other use requirements |
Required Off-Street Parking Spaces | |
Principal Building or Use | Minimum Parking Requirement (a), (b) |
(3) Funeral Home, Mortuary | 1 space per 30 sq. ft. of assembly rooms, or 1 space for each 4 seats, whichever requires the greater number of spaces |
(4) Medical/Dental Clinic; Urgent Care | 5 spaces per doctor and/or dentist |
(5) Office - administrative/ professional | 1 space per 350 square feet of floor area |
(6) Office – medical/dental | 1 space per 250 square feet of floor area |
(7) Vocational, Trade, or Technical School | 1 space for every instructor, employee and administrator, plus 1 space for every 2 students |
(d) Retail/Entertainment/Personal Services | |
(1) Animal Boarding/Kennel; Animal Grooming/ Animal Day Care | 1 per 1,000 square feet of floor area |
(2) Animal Hospital/Veterinarian Office | 1 space per 400 square feet of floor area, plus 1 space for every 2 employees |
(3) Artist Studio | 1 space per employee, plus 1 space per 500 square feet of floor area |
(4) Assembly hall | 1 space per 4 persons at design capacity |
(5) Beauty salons and barber shops | 2 spaces per beauty or barber chair |
(6) Bowling alley | 5 spaces per alley |
(7) Brewpub | 1 space per 50 square feet of floor area or 1 space per 2 seats, whichever requires the greater number of spaces plus 1 space per 2,000 sf of floor area of production area |
(8) Contractor’s facility | 1 per employee, plus 1 space per 700 square feet of floor area |
(9) Golf course and driving ranges | 1 space for each 2 employees and participants on premises during peak period |
(10)Health club | 1 space per 300 square feet of exercise area, including locker and equipment rooms |
Required Off-Street Parking Spaces | |
Principal Building or Use | Minimum Parking Requirement (a), (b) |
(11) Indoor commercial recreation | 1 space per 3 persons based on maximum occupancy load of entertainment areas |
(12) Membership club | 1 space per 4 persons at design capacity plus other use requirements |
(13) Micro-production of alcohol | 1 parking space per 500 square feet of industrial/manufacturing floor area, 1 parking space per 300 square feet of retail/restaurant floor area, and 1 parking space per 350 square feet of office floor area |
(14) Retail establishment; Personal services; Antique establishment; Experiential retail establishment | 1 space per 300 square feet of floor area |
(15) Restaurant, indoor (including bars & taverns) | 1 space per 100 square feet of floor area or 1 parking spaces for every 5 persons of maximum occupancy, whichever requires the least number of spaces plus 1 space for each delivery vehicle |
(16) Restaurant, outdoor seating | For the first 500 square feet of outdoor seating area, no additional parking spaces. Beyond 500 square feet, one space per 50 square feet of floor area or 1 space per 2 seats, whichever requires the greater number of spaces |
(17) School, specialty/personal instruction | 2 spaces per classroom, plus 1 space for every 5 students at design capacity |
(18) Theaters and other places of assembly | 1 space per 4 seats in the building |
(e) Vehicles and Equipment | |
(1) Automobile fueling station | 2 spaces per pump plus other use requirements |
(2) Automobile service stations | 2 spaces per service bay, plus 1 space for every employee, but never less than 5 spaces |
(3) Car wash | 2 spaces per wash bay |
Required Off-Street Parking Spaces | |
Principal Building or Use | Minimum Parking Requirement (a), (b) |
(4) Sales and service of construction equipment, buses, farm machinery, recreational vehicles and other large equipment | 1 space per 400 square feet of floor area of sales room, plus 1 space for each service stall in the service room and 1 space per employee |
(5) Automobile and equipment major repair; Automobile repair, minor | 2 spaces per service bay, plus 1 space for every employee, but never less than 5 spaces |
(6) Motor Vehicle Sales and Leasing | 1 space per 400 square feet of floor area of sales room, plus 1 space for each auto service stall in the service room and 1 space per employee |
(f) Storage, Warehousing, Distribution | |
(1) Distribution and Fulfillment Centers | 1 space for every 2 employees |
(2) Self-Storage Indoor & Outdoor/Mini Storage | When an on-site leasing or project office is provided, 1 parking space for each 100 storage units. When no on site office is provided, no spaces are required. Required parking spaces shall not be rented, leased, or used as vehicle storage areas |
(3) Transportation Services; Warehouses, Similar Storage Establishments, Parcel Delivery Stations | 1 space for every 2 employees |
(4) Wholesale Establishments | 1 space for every 2 employees + 1 space for every 500 square feet of showroom space, when applicable |
(g) Industrial | |
(1) Artisan industrial | 1 space per 2 employees plus other use requirements |
(2) Brewery, Winery, or Distillery Production Facility | 1 space per 2 employees |
(3) Cleaning Establishments - laundries, dyeing, dry cleaning, carpet cleaning, towel supply | 1 space per 2 employees |
Required Off-Street Parking Spaces | |
Principal Building or Use | Minimum Parking Requirement (a), (b) |
(4) Fabrication and assembly operations | 1 space per 2 employees |
(5) Food and Drink Preparation | 1 space per 2 employees |
(6) Light manufacturing uses | 1 space per 2 employees |
(7) Office Warehouse/Flex space | 1 space per 2 employees |
(8) Printing and publishing | 1 space per 2 employees |
(9) Research and development facilities | 1 space per 400 square feet of floor area |
(10) Shops and Offices of Contractors | 1 space per 2 employees |
(11) Wholesale establishments | 1 space for each 3 employees |
(12) All Other Industrial Facilities | 1 space per 2 employees |
(h) Other | |
(1) Trailer parks | 1 space for each lot to be occupied by a mobile home or travel trailer plus 1 additional space for each 4 such lots |
Notes to Schedule 1181.05 (a) A minimum of five (5) spaces is required for each facility other than one-family detached dwellings. (b) For a specific building or use not scheduled above, the Planning Commission shall apply the unit of measurement of the above schedule deemed to be most similar to the proposed building or use based on requirements for similar uses, location of proposed use, surrounding land uses, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information. | |
(Ord. 2023-029. Passed 4-18-23.)
1181.06 MODIFICATION OF REQUIRED OFF-STREET PARKING SPACES.
Off-street parking requirements may be reduced as provided for in this Section.
(a) The Planning Commission may approve a reduction in required parking spaces by up to twenty percent (20%) as a conditional use in accordance with the procedures set forth in Chapter 1137, when the applicant demonstrates in a parking assessment, prepared by a traffic consultant in accordance with Section 1181.06 (c) or in parking data from comparable sites provided that:
(1) The use of transportation demand management programs and/or special characteristics of the customer, client, employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to the minimum City parking requirements; and,
(2) The reduction in parking will not burden other available parking facilities in the area or negatively impact adjacent uses.
(b) In the NRC – Tier 2 District, 3000 square feet of gross floor area shall be exempt from the minimum Required Off-Street Parking Spaces in Schedule 1181.05.
(c) The parking assessment shall include a description of the use and its anticipated relationship to, and impact on, the surrounding community. At a minimum, the assessment shall include the following:
(1) The nature of the proposed uses, activities and events that will be accommodated.
(2) The maximum design capacity of the facility.
(3) The anticipated pattern of use, including peak hours.
(4) The estimated traffic generation and parking demand, including the estimated number of parking spaces required at peak capacity.
(5) The number of parking spaces required according to Schedule 1181.05 compared to the number of spaces proposed.
(6) The current supply and utilization of parking spaces in the immediate area.
(7) How any available spaces meet the needs of the proposed use.
(8) Suggested parking management solutions to address any anticipated discrepancy between the number of parking spaces available and anticipated parking demand.
(Ord. 2023-029. Passed 4-18-23.)
1181.07 DEFERRED CONSTRUCTION OF REQUIRED SPACES.
If the number of parking spaces required by this Chapter for a non-residential use is substantially larger than the number anticipated by the applicant and the applicant submits a parking assessment in conformance with sub-section 1181.06 (c) that provides sufficient evidence to support the reduced parking needs, a development plan may be approved with an allowance for the construction of a lesser number of parking spaces provided that:
(a) The total number of parking spaces initially constructed shall not be less than seventy percent (70%) of the spaces required this Chapter.
(b) Suitable areas are reserved for the construction of the balance of the required spaces in the event such spaces become necessary, and such areas are shown on the development plan in locations and with landscaping in full compliance with this Zoning Code.
(c) The Planning Commission, upon reevaluation of the project's parking needs, may determine that some or all of the required parking spaces be constructed, and shall notify the property owner of such determination.
(d) Additional parking, if determined to be necessary, shall be constructed according to the approved development plan.
(Ord. 2023-029. Passed 4-18-23.)
1181.08 ALLOWANCE FOR SHARED PARKING FOR NON-RESIDENTIAL USES.
Two or more non-residential uses may share a parking facility without providing the minimum number of on-site required spaces for each use, when parking spaces are provided in compliance with all the requirements of this Section.
(a) The minimum required number of parking spaces for the combined uses may be reduced by twenty percent (20%) for shared parking when hours of operation overlap.
(b) When the hours of operation DO NOT overlap, the parking facility to be shared shall contain the largest number of minimum required spaces for the uses sharing the lot.
(c) The parking facility to be shared shall be owned by the owner of one of the uses, leased for a twenty (20)-year minimum term or through a permanent easement by the owners of the uses being served. A lease or easement shall be approved by the City’s Law Director and the Planning Commission.
(d) Parking spaces to be shared shall not be reserved on a twenty-four (24) hour basis for a specific person, individual, or use.
(e) Handicap parking spaces shall not be shared, unless the uses are adjacent to the handicap spaces and no inconvenience to the users of the spaces would result.
(f) Loading spaces shall not be shared.
(g) A proposed change in the use of a structure that shares a parking facility requires approval by the Zoning Inspector after a finding that adequate parking will be available.
(Ord. 2023-029. Passed 4-18-23.)
1181.09 LOCATION OF PARKING FACILITIES; ALLOWANCE FOR OFF-SITE PARKING.
In addition to specific requirements contained in each zoning district regulation, the location of off street parking facilities shall further be regulated as follows:
(a) Single-Family Residential Buildings. For single-family residential buildings, not including townhouses, parking facilities shall be located on the same lot as the dwelling. Except for driveways and turnouts or turnarounds meeting the definition found in Chapter 1123 herein, paved areas that may be used for parking shall not be located within the front yard or where a building is not permitted. No parking shall be permitted on allowed paved turnouts or turnarounds. One truck not exceeding three-fourths (¾) of a ton in rated capacity may be stored only in a garage, provided such truck is used solely by the occupant.
(b) Other than Single-Family Residential Buildings. Accessory parking facilities shall be located on the same lot as the buildings or use being served, except as provided in subsection (c).
(c) Except for multifamily buildings, uses shall provide at least fifty percent (50%) of the required parking spaces on the site. The Planning Commission may grant an exception to this requirement after considering:
(1) The proximity of the proposed parking area to the use served;
(2) The ease and safety of access between the proposed parking area and the use served;
(3) The use to be served by the off-site parking; and,
(4) The hours of operation of the use to be served by the off-site parking.
(d) Allowance for Off-site Parking. Off-site parking spaces shall be provided pursuant to the following:
(1) Off-site spaces shall be within 800 feet walking distance, measured along the pedestrian route to a building entrance or use. Safe and convenient pedestrian access, such as a sidewalk or path, shall exist or be provided from the structure or use to the parking lot. Appropriate safety measures shall be provided if the pedestrian must cross an arterial street.
(2) Contiguous lots providing off-street parking for more than one use shall provide sufficient parking spaces to comply with the combined total parking requirements for all uses unless an allowance for shared parking is granted under Section 1181.08.
(3) The off-site lot may be located in another non-residential zoning district than the structure or use it serves.
(4) The lot used as an off-site parking facility shall be owned or leased for at least a twenty (20)-year term or acquired through a permanent easement by the owner of the use being served. The City’s Law Director and the Planning Commission shall approve the lease or easement. If a Conditional Use Certificate limits the term of the use, then the term of the lease agreement for parking may be limited accordingly. At the expiration of the term of a lease or extensions thereof, the owner shall provide other suitable parking with sufficient parking spaces or end the use that required the parking.
(5) The number of the off-site parking spaces shall not be reduced, unless other sufficient parking spaces are provided by the owner of the use. The Zoning Inspector's approval is required prior to changing the approved parking plan.
(6) All required handicapped parking spaces for a use shall be located on-site.
(7) All required loading spaces shall be located on-site.
(8) An existing non-conforming parking lot used under this Section as off-site parking shall be landscaped, paved, and striped according to the standards of this Chapter and the Zoning Code.
(e) General Requirements.
(1) All required off street parking spaces shall have direct access to an aisle or driveway without the need to move another vehicle, except as otherwise specifically permitted in this Zoning Code.
(2) Parking in Designated Areas Only. A vehicle customarily or seasonally parked shall be parked only in a parking area specifically constructed for such purpose and shall not be parked on tree lawns on the lot, sidewalks, yards, or other landscaped areas or areas required to be landscaped.
(Ord. 2023-029. Passed 4-18-23.)
1181.10 PARKING AND LOADING ACCESS.
(a) Where a Lot Does Not Abut on a Public or Private Right-of-Way. There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive not less than ten (10) feet in width in the case of a dwelling, and not less than twenty (20) feet in width in all other cases, leading to the parking or storage area or loading or unloading spaces required hereunder in such manner as to secure the most appropriate development of the property in question.
(b) Backing into Public Streets. No parking area shall be permitted unless it is arranged that vehicles are not forced to back into any public street.
(c) Width of Access Driveways. The width of driveways, except for single-family dwellings, shall conform with the dimensions in Schedule 1181.10.
Schedule 1181.10 Width of Access Driveways(a),(b),(c) | ||
Minimum (feet) | Maximum (feet) | |
One-lane | 10 | 12 |
Two-lane | 18 | 24 |
Three-lane | 27 | 34 |
(a) The radius of the edge of the driveway apron shall be at least fifteen (15) feet so that a vehicle may enter from or exit onto the curb lane without obstructing vehicles in other traffic lanes. (b) The width of driveways for single-family dwellings shall be a minimum of nine (9) feet wide and a maximum of the width of the garage or, if no garage, a maximum of twenty (20) feet wide. (c) The location and width of access driveway regulations shall also apply to driveways for drive-thru facilities, fee parking lots, and public parking lots. | ||
(d) Additional Regulations.
(1) The location, width, and number of entrances and exit driveways to accessory parking facilities, except for single-family dwellings, shall be located in such a manner as to interfere as little as possible with the use of adjacent residential property and the flow of traffic on adjacent streets. For parking areas having a capacity of ten (10) or more vehicles, the centerline of a driveway apron shall be located not less than thirty-five (35) feet from the nearest intersecting street line and such driveway aprons shall be spaced at not less than 120-foot intervals measured on the centerline of the driveways.
(2) Parking areas having a capacity of twenty (20) spaces or less shall have at least one single-lane driveway; those having a capacity of more than twenty (20) vehicles shall have two one-lane driveways or at least one two-lane driveway. No entrance or exit driveway shall exceed three lanes in width.
(Ord. 2023-029. Passed 4-18-23.)
1181.11 PARKING SPACES FOR PERSONS WITH DISABILITIES.
In compliance with the Americans with Disabilities Act (ADA) of 1990, all new construction and alterations to places of public accommodation and commercial facilities shall provide parking spaces that are designed and constructed to be readily accessible to persons with disabilities.
(Ord. 2023-029. Passed 4-18-23.)
1181.12 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.
Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile or trailer sales lot, shall be developed and maintained in accordance with the following requirements:
(a) Pavement, Grading Etc. All parking areas and access driveways, except for single-family dwellings, shall be constructed of concrete asphalt pavement. Parking areas shall be graded to provide drainage so that injury will not be caused to adjacent properties and so that water will not drain across a public sidewalk. Parking areas having a capacity of ten (10) or more automobiles shall provide bumper guards or curbs around the parking areas to prevent vehicles projecting into required yards and to define parking areas.
(b) Single-Family Dwellings. Driveways for single-family dwellings, not including town houses, to the extent located within street lines, shall be constructed of concrete or asphalt pavement.
(c) Illumination of Parking Areas. All parking areas and driveways, except those for single-family dwellings, shall be thoroughly illuminated during the night season to protect the public safety. Such illumination shall be so designed and located that light sources are shielded from adjoining Residence districts and streets and shall not be of excessive brightness or cause a glare hazardous to pedestrians or drivers. Such illumination shall conform to Section 1187.10.
(d) Open parking may be allowed in any side or rear yard, provided that there is an open and continuous access around the entire building of not less than ten (10) feet for fire protection purposes, which will not be blocked by any parking spaces whatsoever, and provided further, that such parking area shall not extend into the minimum required side or rear setback without a special permit from the Building Commissioner.
(e) No commercial motor vehicle may occupy space in a parking area for multifamily dwellings and town houses, except to make deliveries or pickups.
(f) Interconnected Drives. The Planning Commission may require off street parking areas serving adjacent business establishments to be interconnected by drives designed and constructed for safety and convenience.
(g) Maintenance. All parking areas, waiting spaces, and loading spaces shall be maintained to keep it free from rubbish, paper, and other loose particles. Signs, markers or other devices used to direct traffic movement and the location of parking and loading spaces shall be maintained to be visible. Walls, trees, shrubbery, and the parking lot surface, shall be maintained in good condition. The property owner shall maintain parking lots and loading areas in good condition and repair to provide a continuous, hard, dustless surface, properly drained, and free of obstructions.
(Ord. 2023-029. Passed 4-18-23.)
1181.13 OFF-STREET LOADING SPACE.
Loading and unloading facilities shall be provided prior to occupancy of a non-residential building hereafter erected, altered, or to be occupied by a new user, and shall be maintained while the building is occupied, unless equivalent facilities are provided as provided by the regulations of this Chapter.
(a) Authority of the Planning Commission. The Planning Commission may waive the requirement for a loading and unloading facility based on the nature of the proposed use or the practical difficulties of adding such facilities to an existing building.
(b) When Required. In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space plus one additional loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 20,000 square feet. Where the floor area of the building exceeds 100,000 square feet, the total number of off-street loading spaces shall be determined by the Planning Commission.
(c) Maintenance. The facilities shall be maintained as long as such building is occupied and shall continue unobstructed and not be used for repair or servicing of motor vehicles. Space required and allocated for off-street parking shall not be allocated or used to satisfy the space requirements for off-street loading.
(d) Location. All required loading spaces shall be located on the same lot as the use served and arranged so that a public street or sidewalk will not be occupied during the loading or unloading process. Such spaces may be open or enclosed. They shall be located in conformance with the standards in the applicable zoning district.
(e) Access. Each required off-street loading space shall be designed for direct access to a street or alley in a manner so as to cause the least possible interference with traffic movements on the street. All open off-street loading spaces and driveways shall be provided with surface improvements as required for parking areas.
(f) Dimensions. A required off-street loading space shall be at least twelve (12) feet wide by at least twenty-five (25) feet in length for buildings less than 20,000 square feet of gross floor area and each required loading space for a building of 20,000 square feet or more of floor area shall be not less than twelve (12) feet wide by fifty (50) feet in length. Each space shall have a vertical clearance of at least fourteen (14) feet. The above areas shall be exclusive of aisle and maneuvering space.
(g) Exceptions. Uses for which off-street loading facilities are otherwise required but which are located in buildings of less than 5,000 square feet of gross floor area shall be provided with a receiving platform or facilities adjacent to a service drive or other open space on the same lot.
(Ord. 2023-029. Passed 4-18-23.)
1181.14 PARKING LOT LANDSCAPING AND SCREENING.
Parking areas shall be landscaped, screened, and buffered in conformance with Chapter 1187, Landscaping, Screening, and Lighting Regulations.
(Ord. 2023-029. Passed 4-18-23.)
1181.15 NONCONFORMING PARKING FACILITIES.
A building or use existing lawfully on the effective date of the Zoning Code, or an amendment thereto, which does not comply with the off-street parking regulations, may continue the use. If an existing building is altered or a use is changed or substituted, then additional off-street parking spaces shall be provided as required by this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1181.16 SUBMISSION TO PLANNING COMMISSION.
Detailed drawings of the location, width, and number of entrance and exit driveways to necessary parking facilities shall be submitted to the Planning Commission for approval pursuant to Chapter 1131, Development Plan Review Procedures, except that such drawings shall not be required for one-family dwellings. Such drawings shall show the number of spaces and locations, dimensions and descriptions of all features enumerated in this chapter or as required elsewhere in this Zoning Code. The Commission may require, in addition to those enumerated, further structural or landscape features such as bumper guards, curbs, walls, fences, shrubs, ground cover or hedges to further the intent and purposes of this Zoning Code. The Commission, in addition, shall recommend such changes in location, width and number of driveways as it determines, with the advice of the City Engineer, to be necessary to eliminate any potential traffic hazards.
(Ord. 2023-029. Passed 4-18-23.)
1183.01 GENERAL REQUIREMENTS.
No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radiation or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element, in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area (referred to herein as “dangerous or objectionable elements”,); provided that any use permitted or not expressly prohibited by this Zoning Code may be undertaken and maintained if it conforms to the regulations of this chapter limiting dangerous and objectionable elements at the point of the determination of their existence.
(Ord. 72-13. Passed 7-11-72.)
1183.02 NONCONFORMING USES.
Certain uses established before the effective date of this Zoning Code (Ordinance 72-13, passed July 11, 1972) and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by the Board of Zoning Appeals.
(Ord. 72-13. Passed 7-11-72.)
1183.03 LOCATIONS WHERE DETERMINATIONS ARE TO BE MADE FOR ENFORCEMENT OF PERFORMANCE STANDARDS.
The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent, provided, however, that the measurements necessary for enforcement of performance standards shall be taken at different points in different districts in relation to the establishment or use creating the element being measured, as follows:
(a) In Any Residence District, Trailer Park District, Office District, Community Business District and Local Retail District. Twenty-five (25) feet from the establishment or use, or at the lot line of the use if closer to the establishment or use;
(b) In Any Road Side Service District or Industrial District. At the closest boundary of the district, or at any point within an adjacent Residence, Trailer Park, Office, Community Business or Local Retail District.
(Ord. 72-13. Passed 7-11-72.)
1183.04 EXISTING AND NEW USES.
(a) Performance Standards; Review. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Board of Zoning Appeals shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to Council. In the event that the Board concurs in the allegation that there exist or are likely to be created such dangerous or objectionable elements, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practicable means of remedying such condition.
(b) Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Board may approve, partially approve or disapprove the measure recommended therein and instruct the Building Commissioner to proceed with the enforcement of such measures in accordance with the provisions of Chapter 1131.
(c) Cost of Investigation, Etc. The City shall bear the costs of the various tests, consultant fees or other investigations which are required herein, provided that the owner of the property under investigation shall reimburse the City for all such expenses in the event that operation or use of such property is found to be in violation of the provisions of this chapter by the Board, or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within thirty days from the date of the final Board ruling or court judgment.
(d) Continual Compliance. Any use authorized under the provisions of this chapter shall comply continually therewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.
(Ord. 72-13. Passed 7-11-72.)
1183.05 ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS.
Except for private garages, all other buildings designed and intended for accessory uses shall conform to the following requirements:
(a) The maximum height shall be eight (8) feet for a flat roof and eleven (11) feet for a gabled, hip, mansard or gambrel roof.
(b) The floor area of accessory buildings shall not exceed one hundred twenty (20) square feet.
(c) Not more than one accessory building, other than a private garage, shall be permitted on any residential lot located in an R-S, Residential Suburban District, R-l, One-Family Low Density Residence District, or an R-2, One-Family Medium Density Residence District.
(Ord. 82-108. Passed 7-6-82.)
(d) (1) All accessory buildings hereinafter constructed shall have a four (4)-inch thick concrete pad.
(2) All accessory buildings including garages having roofs over 250 square feet in area shall be required to have gutters and downspouts to be tied into a storm sewer, where available.
(Ord. 91-25. Passed 4-16-91.)
1185.01 GENERAL PROVISIONS.
In any R-3 Multifamily Residence District, the owner or owners of a tract of land containing not less than eight acres, and in any SR Senior Residence District, the owner or owners of a tract of land containing not less than six and one-half acres may submit to the Planning Commission for its review, a preliminary plan for the use and development of such tract of land for a residential community development project, provided it meets the regulations set forth in this chapter and other applicable sections of this Zoning Code.
(Ord. 2007-076. Passed 5-21-06.)
1185.02 INTENT.
The intent and purpose of this chapter are to provide a voluntary alternative procedure which maximizes the utilization of land primarily for the benefit, use and enjoyment of existing and future residents of the area and of the City, by encouraging open space and common recreational areas and facilities as environmental and functional benefits furnished in lieu of large individual lots, and by providing a variety of residential and related uses which are planned and developed as a total, integrated unit.
(Ord. 2007-076. Passed 5-21-07.)
1185.03 REFERRAL FOR REVIEW AND REPORTS.
Upon receipt of a preliminary plan, as set forth herein, the Secretary of the Planning Commission shall transmit for review and report a copy of such preliminary plan to the Board of Architectural Review, which shall, within thirty days, furnish to the Commission its report upon its jurisdiction, in accordance with the provisions of Chapter 1131.
(Ord. 2007-076. Passed 5-21-07.)
1185.04 FINDINGS OF COMMISSION.
In accepting such a plan for review, the Planning Commission must be satisfied that the proponents of the development project are financially able to carry out the project; that they intend to start construction within one year of the approval by Council of the project or of the effective date of any necessary change in zoning, whichever is later; and that they intend to complete the development within a reasonable time as determined by the Commission.
(Ord. 2007-076. Passed 5-21-07.)
1185.05 COMMISSION TO INVESTIGATE.
It shall be the duty of the Planning Commission to investigate and ascertain whether the location, size and other characteristics of the site in the proposed plan comply with the following conditions:
(a) Compliance with City Plan and Zoning Code. That the proposed project is consonant with the Comprehensive Master Plan for Bedford Heights, and with the intent and purposes of this Zoning Code.
(b) No Adverse Effects. That it will not adversely affect neighboring property.
(c) No Traffic Congestion. That the project is at a location where traffic congestion does not exist at present on the streets to be utilized in conjunction therewith, and where such congestion will not likely be created as a result of the project.
(d) Off-Street Parking and Service Facilities. That off-street parking facilities for single-family dwellings shall be as required and regulated in the R-S Residential Suburban District, for town houses as required and regulated in the R-4 Town House Residence District, for multifamily dwellings as required and regulated in the R-3 Multifamily Residence District, and for senior residences as required and regulated in the SR Senior Residence District, provided that all are subject to the provisions of Chapter 1181. Service drives and other service facilities shall be located entirely within the project site.
(e) Integrated Design. That the plan for the entire project provides for integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient.
(Ord. 2007-076. Passed 5-21-07.)
1185.06 COMMUNITY DEVELOPMENT PROJECTS; REQUIREMENTS AND STANDARDS.
The Planning Commission shall be guided by the following requirements and standards:
(a) Permitted Uses. Permitted uses shall include single-family detached dwellings, town houses and those residential and accessory uses as may be permitted outright or conditionally in the R-3 Multifamily Residence District or SR Senior Residence District, including condominium, co-operative, individual, attached or detached cluster homes on platted lots, Municipal or any other type of ownership and as regulated therein, except as modified herein.
(b) Required Yards, Setbacks, Lot Sizes, Frontage Requirements and Lot Area Per Family. For single-family dwellings the same shall be as regulated in the R-2 One-Family Medium Density Residence District; for town houses, as regulated in the R-4 Town House Residence District; for multifamily dwellings, as regulated in the R-3 Multifamily Residence District; and for senior residences, as regulated in the SR Senior Residence District, all subject to Chapter 1195, provided that each required yard, setback, lot size, frontage requirement and lot area per family may be decreased upon the determination by the Commission that the spirit and intent of this chapter are complied with, and provided, further, that where any lots adjoin a major highway or railroad, or a nonresidential area, the Commission may require that such lots have at least the minimum size prescribed for the district in which they would normally be permitted.
(c) Height Regulations. Height regulations may be waived for the community development project, provided that the spirit and intent of this chapter are complied with in the total development plan, as determined by the Commission.
(d) Recreation Facilities. Two thousand (2,000) square feet for the first fifty (50) dwelling units plus thirty (30) square feet for each additional dwelling unit in excess of fifty (50) for any one community development project shall be set aside for a recreation, education or conservation (open greenspace) area for the residents, which areas shall be set aside in a manner approved by the Director of Law. The locations, sizes, shapes and other aspects of such open spaces shall be subject to approval by the Planning Commission, provided that the above requirements for the provision of recreation may be modified, but not waived, by the Commission, where, in its opinion, adequate public recreation areas are available nearby, or where justified in view of the availability of suitable yard space or the type of occupancy the dwelling units are designed to accommodate.
(e) Access. Every dwelling unit shall have access to either a public street, walkway or other area dedicated to common use.
(f) Privacy. Each development shall provide reasonable visual and acoustical privacy for dwelling units by the use of fences, insulation, walks, barriers and landscaping, as appropriate, intended for the protection and aesthetic enhancement of property, the privacy of its occupants, the screening of objectionable views or uses and a reduction in the noise level. High-rise buildings shall be located in such a manner as to dissipate any adverse impact on adjoining low-rise buildings. Structures located on the perimeter of the total development shall be well screened in a manner approved by the Commission.
(g) Signs. Signs shall be subject to the provisions of Chapter 1179, provided that applicable regulations pertaining to the R-S Residential Suburban District, the R-3 Multifamily Residence District and the R-4 Town House Residence District are met.
(h) Interior Streets. The minimum roadway width of interior one-way streets with parking permitted on one side shall be twenty-four (24) feet. The minimum roadway width of two-way streets with parking permitted on one side shall be twenty-eight (28) feet. The minimum width of two-way streets without parking permitted shall be twenty (20) feet. Such streets shall be paved according to City specifications for residential streets and maintained in good condition, provided that all interior streets shall be lighted at night, and provided, further, that they shall be so arranged as to permit the Fire Division apparatus to approach to within a reasonable distance of each dwelling unit, such reasonable distance to be determined by the Fire Chief. Sidewalks complying with City specifications shall be installed on both sides of each interior street and a minimum easement or dedicated right of way of sixty (60) feet shall be provided for the construction, installation and maintenance of utilities.
(i) Street Names and Signs. All streets within the community development project shall be named and appropriate signs erected in accordance with City regulations.
(j) Increase in Total Number of Dwelling Units not to be Permitted. If the Commission finds that any of the following conditions would be created by an increase in the total number of dwelling units proposed in the community development project, in accordance with the provisions of subsections (b) and (c) hereof, it may limit the increase in the number of dwelling units permitted by an amount sufficient to avoid the creation of any of the following conditions:
(1) Inconvenient or unsafe access to the development;
(2) Traffic congestion in streets adjoining the community development project;
(3) An excessive burden imposed on parks, recreational areas, schools and other public facilities which serve or are proposed to serve the community development project.
(k) Utilities. Whenever reasonably possible, all community development projects shall provide for underground installations of all utilities, including electricity and telephone, in both public ways and private extensions thereof. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of the City.
(Ord. 2007-076. Passed 5-21-07.)
1185.07 FINAL PLAN.
(a) In General. Upon determination by the Planning Commission that the proposed development project as shown in the preliminary plan thereof conforms to the requirements of all applicable provisions of this Zoning Code, the proponents shall prepare and submit a final development plan which plan shall incorporate any changes or modifications required or suggested by the Commission.
(b) Subdivision Review. It is the intent of this chapter that subdivision review under the Subdivision Regulations be carried out as an integral part of the review of a community development project under this chapter. The plans required to be submitted under Section 1185.01 and this section must be submitted in a form satisfying requirements of the Subdivision Regulations for the preliminary and final plan approvals, provided that if any provision of this chapter or any applicable chapter or section of this Zoning Code conflicts with any provision of the Subdivision Regulations, the more restrictive or detailed requirements shall be met, unless specifically waived or altered by the Planning Commission.
(Ord. 2007-076. Passed 5-21-07.)
1185.08 SUBMISSION TO COUNCIL.
Such final development plan shall be submitted to Council by the Planning Commission together with its report and recommendations.
(Ord. 2007-076. Passed 5-21-07.)
1185.09 COUNCIL ACTION.
Council may modify the plan of the project consistent with the intent and purposes to be served by the provisions of this chapter and other provisions of this Zoning Code. Minor modifications and adjustments or rearrangements of such plan may be authorized by the Planning Commission after approval and adoption by Council.
(Ord. 2007-076. Passed 5-21-07.)
1185.10 FAILURE TO BEGIN COMMUNITY DEVELOPMENT PROJECT.
If no construction has begun in the community development project within one year from the approval of the community development project, such approval shall lapse and be of no further effect. The Planning Commission, for good cause, may extend for a period of one year the time for beginning construction.
(Ord. 2007-076. Passed 5-21-07.)
1185.11 VIOLATIONS.
Whenever the Planning Commission finds, in the case of any approved community development project, that any of the terms, conditions or restrictions upon which such approval was granted are not being complied with, the Commission may rescind and revoke such approval. Notice thereof shall be given by the Director of Law to the applicant who submitted the plans for the community development project to the Commission. Violation of a community development project, as approved, shall constitute a violation of this Zoning Code.
(Ord. 2007-076. Passed 5-21-07.)
DWELLING GROUPS/CLUSTER DEVELOPMENTS
1185.12 GENERAL PROVISIONS.
In any R-1 One-Family Low Density Residence District, the owner or developer of a tract of land containing a minimum of five acres having a minimum frontage of seventy-five (75) feet on an existing duly dedicated public street may submit to the Planning Commission for its review, a preliminary development plan for the use and development of such tract of land for a group of two (2) or more detached or attached single-family dwellings or a combination of both as indicated herein as a cluster development, provided it meets the regulations set forth in this chapter and other applicable sections of this Zoning Code.
The preliminary development plan shall include:
(a) Topography at two-foot contour intervals of the proposed development area, including property lines, easements, street rights of way and structures, trees and landscape features existing thereon, together with a certificate by a registered engineer or surveyor of the gross area of the development in acres and square feet;
(b) The proposed vehicular and pedestrian traffic patterns, including the proposed location of public and private streets and the location of off-street parking and service areas;
(c) The proposed assignment of use, including detached single-family lots and/or single-family cluster areas, and subdivisions of all land, including private land and common land, with a certificate by a registered engineer or surveyor of the gross area of each use of the development area in acres and square feet;
(d) The proposed forms of covenants running with the land, deed restrictions (including those with respect to the use of the common land), restrictions or easements proposed to be recorded and covenants proposed for maintenance, and homeowner association bylaws; and
(e) Such other relevant information as the Commission may require.
(Ord. 2007-076. Passed 5-21-07.)
1185.13 INTENT.
The intent and purpose of this portion of this chapter are to provide a voluntary alternative procedure which maximizes the utilization of land primarily for the benefit, use and enjoyment of existing and future residents of the area and of the City by encouraging flexibility and more attractive arrangements of single-family residences and their accessory uses and greater utilization of open spaces. This cluster concept is intended to encourage the use of free and irregular yard patterns between dwellings and without uniform relation to the street system.
(Ord. 2007-076. Passed 5-21-07.)
1185.14 REFERRAL FOR REVIEW AND REPORTS.
Referral of the preliminary plan for review by the Architectural Board of Review and reports shall be as set forth in Section 1185.03 of this chapter. The Commission shall also transmit a copy of the preliminary plan to the City Engineer, Police Chief and Fire Chief for their review, report and recommendations. A copy of all covenants, restrictions and easements to be recorded and covenants for maintenance of common areas and homeowner association bylaws shall be submitted to the Director of Law for his review and recommendation.
(Ord. 2007-076. Passed 5-21-07.)
1185.141 DEFINITIONS.
(a) "Front of structure" means the maximum projection of the front side of the dwelling structure including the garage facing the public street, a private roadway servicing more than two (2) dwellings or a common court containing an access driveway or roadway.
(b) "Side of structure" means the extreme end of the dwelling and attached garage structure generally at right angles to the front of the dwelling structure.
(c) "Rear of structure" means the extreme rear side of the dwelling and attached garage structure opposite and generally parallel to the front of the structure.
(d) "Roadway" means a public or private vehicular paved area used for access to two (2) or more family dwelling structures, primarily used for vehicular traffic.
(Ord. 2007-076. Passed 5-21-07.)
1185.15 FINDINGS OF COMMISSION.
(Ord. 2007-076. Passed 5-21-07.)
1185.16 COMMISSION TO INVESTIGATE.
It shall be the duty of the Planning Commission to investigate and ascertain whether the location, size and other characteristics of the site in the proposed plan comply with the following conditions:
(a) Compliance with City Plan and Zoning Code. That the proposed dwelling group is consonant with the Comprehensive Bedford Heights Master Plan and with the intent and purposes of this Zoning Code.
(b) Minimum Tract or Lot. That the area of the tract or lot on which the dwelling group is to be erected contains a minimum of five acres and is at least twenty percent (20%) greater than the aggregate of the minimum lot areas otherwise required for the individual dwellings in the group. That the tract or lot have a minimum frontage of seventy-five (75) feet on an existing dedicated street.
(c) No Adverse Affects. That it will not adversely affect neighboring property.
(d) No Traffic Congestion. That traffic congestion on the streets to be utilized in conjunction therewith will not likely be created as a result of the dwelling group.
(e) Off-Street Parking and Service Facilities. That off-street parking facilities for single-family dwellings shall be as required and regulated in the R-S Residential Suburban District, subject to the provisions of Chapter 1181 of the Zoning Code. Service drives and other service facilities shall be located entirely within the tract or lot.
(f) Integrated Design. That the plan for the entire group of dwellings provides for integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading facilities, landscaping and such other features and facilities as may be necessary to make the dwelling group attractive and efficient.
(Ord. 2007-076. Passed 5-21-07.)
1185.17 DWELLING GROUPS, REQUIREMENTS AND STANDARDS.
The Planning Commission shall be guided by the following requirements and standards.
(a) Permitted Uses. Except as modified in this chapter, each dwelling group in any R-1 One-Family Low Density Residence District shall consist of two (2) or more detached or attached single-family dwellings or a combination of both, complying with all other requirements for the district in which it is to be located except as otherwise indicated herein, and including accessory uses permitted and as regulated in the R-S Residential Suburban District. "Attached dwellings" for purposes of this chapter shall be defined as no more than two (2) contiguous single-family dwellings attached by a common garage firewall only.
(b) Standards. The use and area, frontage, depth, living area, height and yard regulations provided for in Chapter 1143 for R-1, One-Family Low-Density Residence Districts shall be applicable to this section of this chapter, except as modified below:
(1) Area, frontage, depth and living area requirements. The area, frontage and depth of the dwelling lots or locations within the cluster areas may vary, but the average area per dwelling unit shall be not less than 11,250 square feet excluding the dedicated public right of way which serves the development, but including the private roadway areas within the development. Each dwelling shall front either on a roadway or other permanent public open space at least fifty (50) feet wide, or on a common yard or outer court. The minimum one-family dwelling area shall not be less than 1600 square feet per dwelling unit as stated for dwellings in R-1 One-Family Low-Density Residence Districts.
(2) Height requirements. The height regulations shall be the same as permitted in R-S Residential Suburban Districts.
(3) Yard requirements. The following minimum requirements shall apply:
A. Front yards. Front yard setbacks shall be not less than fifty (50) feet from a public dedicated street line.
B. Yards and open spaces.
Minimum Dimensions of Building and Lot Relationship Yards (ft.) Front, side or rear of structure to a dedicated road right of way 45 Front of structure to a front of structure 80 Front, side or rear of structure to the center line of a private roadway of the development 35 Minimum length of driveway from center line of access road to garage door shall not be less than 40 ft. 40 Front, side or rear of structure to a required walkway or sidewalk 25 Front of structure to a side or rear of structure 80 Side of structure to a side of structure or to a cluster development perimeter property line 20 Rear of structure to a side of structure or to a cluster development perimeter property line 30 Rear or side of structure to a property line within the cluster development but not closer to structures as stated 8 |
(c) Access Road; Distance. Each dwelling in the dwelling group shall be within eighty (80) feet of a paved private access roadway or drive, having a paved roadway width of at least twenty (20) feet and a minimum pavement thickness of eight (8) inch asphaltic concrete or seven (7) inch reinforced Portland cement concrete pavement meeting the City Engineer's standards on which no parking shall be permitted and providing vehicular access from a public street, provided that such private access roadway or drive shall be within 600 feet, measured along the route of vehicular access from a public street and, provided further, that an adequate turnaround with a minimum outside radius of forty (40) feet shall be constructed where applicable. The minimum length of access driveway to each dwelling shall not be less than forty (40) feet, as measured from the center line of the public or private access roadway or drive to the face of the garage door. Each dwelling unit shall be accessible to service and emergency vehicles in a manner acceptable to the City Engineer and the Safety Director. The preservation and maintenance of all private drives and utilities on private land must be assured by firm commitment of the abutting or common owners through documents recorded in the office of the Cuyahoga County Recorder or in such other form as is approved by the Director of Law.
(Ord. 2007-076. Passed 5-21-07.)
1185.18 COMPLIANCE; OTHER ORDINANCE REQUIREMENTS.
Except as modified in this portion of this chapter, each dwelling group shall conform to all the requirements as set forth in this Zoning Code for the district in which it is located.
(Ord. 2007-076. Passed 5-21-07.)
1185.19 UTILITIES.
Whenever readily possible, all dwelling groups shall provide for underground installations of all utilities, including electricity and telephone, in both public ways and private extensions thereof. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of the City. The developer of a cluster area shall submit to the City Engineer for his approval the detailed design of all improvements of the cluster area, to include the pavement, storm and sanitary sewers, water mains, sidewalks and electric, gas, cable and telephone lines.
(Ord. 2007-076. Passed 5-21-07.)
1185.20 FINAL PLAN.
The final subdivision plan shall contain and be accompanied by the following:
(a) A plat of the development area showing the street right of way, subdivided and common land areas reserved for single-family cluster use and easements in accordance with the requirements of the subdivision regulations, which shall be in form for recording;
(b) Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination, grading and all other site features of the development area or that portion of the development area to be developed and designed in accordance with the subdivision regulations and other applicable laws and regulations;
(c) A detailed landscape plan showing all existing site features, recreation facilities and landscape treatment of all common open space areas within the development area; and
(d) The final form of covenants running with the land, deed restrictions (including the use of common land), covenants, restrictions or easements to be recorded, declaration of covenants, restrictions and bylaws of a homeowners association and its incorporation, declaration of common ownership of land and other restrictions, if any, for maintenance.
(Ord. 2007-076. Passed 5-21-07.)
1185.21 SITE PLAN.
The developer of any parcel of land previously approved for cluster development shall prepare a detailed site plan to include the following:
(a) The number, location, arrangement and architectural design of all dwelling units;
(b) The proposed use of all private and common land;
(c) The location and arrangement of all dedicated and private vehicular and pedestrian accessways;
(d) The number and arrangement of all open parking and service areas;
(e) The location of all utilities; and
(f) The landscape treatment of the cluster area.
The cluster site plan shall be transmitted to the City Engineer, Police Chief and Fire Chief for their review, report and recommendations. A copy of all covenants, restrictions and easements to be recorded and covenants for maintenance of common areas, and homeowner association bylaws shall be submitted to the Director of Law for his approval. The Planning Commission shall evaluate these reports and shall act to approve, disapprove or modify the cluster area site plan and submit the same to Council for approval.
Upon approval of the site plan by Council, a zoning certificate for the erection of the dwelling group may be authorized and issued by the Building Commissioner in conformity with the applicable regulations and ordinances of the City.
(Ord. 2007-076. Passed 5-21-07.)
1185.22 FAILURE TO BEGIN DWELLING GROUP.
If no construction has begun on the dwelling group lot or tract within one year from approval of the dwelling group plan, such approval shall lapse and be of no further effect. The Planning Commission, for good cause, may extend for a period of one year the time for beginning construction.
(Ord. 2007-076. Passed 5-21-07.)
1185.23 VIOLATIONS.
Whenever the Planning Commission finds, in the case of any dwelling group, that any of the terms, conditions or restrictions upon which such approval was granted are not being complied with, the Planning Commission may rescind and revoke such approval. Notice thereof shall be given by the Director of Law to the applicant who submitted the plans for the dwelling group to the Planning Commission. Any violation of a dwelling group, as approved, shall constitute a violation of this Zoning Code.
(Ord. 2007-076. Passed 5-21-07.)
VARIANCES AND EXCEPTIONS
1185.24 VARIANCES AND EXCEPTIONS TO CHAPTER 1185.
(a) The Planning Commission may vary the requirements of this Chapter in the same manner as set forth for variances to the Subdivision Regulations under Chapter 1109 where the Commission finds the development is large enough to constitute a more or less self-contained neighborhood to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions which, in the judgement of the Commission, make adequate provision for all essential community requirements provided the same do not impair the intent and purposes of this Chapter and the Zoning Code.
(b) The Planning Commission may also relax the requirements of this Chapter and grant relief through variances and exceptions to the requirements of this Chapter in the same manner as set forth for variances and exceptions to the Subdivision Regulations under Chapter 1109 in particular cases where the developer can show that, by reason of exceptional topographical and other physical conditions, strict compliance with any requirement of the Chapter would cause practical difficulty or exceptional and undue hardship, so as to relieve such difficulty or hardship and provided the Commission finds that such variance or exception can be accomplished without detriment to the public good and without impairing the intent and purposes of this Chapter and the Zoning Code or the desirable general development of the neighborhood and the community.
(Ord. 2007-076. Passed 5-21-07.)
1187.01 PURPOSE.
The preservation of existing trees and vegetation and the planting of new trees and vegetation can significantly add to the quality of the physical environment of the City of Bedford Heights. The regulations in this Chapter are designed to foster development that will improve the appearance and character of the City and promote the health, safety, and welfare of the community by:
(a) Requiring the proper utilization of landscaping and screening as a buffer between certain land uses to reduce the noise, glare, and the visual clutter associated with parking and service areas.
(b) Requiring landscaping in the interior and along the perimeter of vehicular use areas to break up large expanses of pavement and reduce reflected heat and glare.
(c) Controlling the installation of exterior lighting fixtures to prevent light pollution in the forms of light trespass and glare and to preserve, protect, and enhance the character of the City and the lawful nighttime use and enjoyment of property located within the City.
(d) Improving the appearance of off-street parking areas and vehicular use areas and properties abutting public rights-of-way.
(e) Providing areas of permeable surfaces in order to:
(1) Allow the infiltration of surface water into groundwater resources;
(2) Reduce the quantity of storm water discharge, thereby reducing the hazards of flooding and aiding in the control of erosion and storm water runoff;
(3) Preserve air quality through the preservation and replacement of trees and significant vegetation removed in the course of development; and,
(4) Improve the quality of storm water discharge.
(f) Establishing minimum standards for the quality and appearance of plant material in the community landscape.
(g) Providing physiologically, psychologically, sociologically, and aesthetically necessary counterpoints to the man-made environment.
(h) Promoting the aesthetic character valued by the residents of the City of Bedford Heights.
(i) Increasing a diverse, healthy tree canopy throughout the City of Bedford Heights.
(Ord. 2023-029. Passed 4-18-23.)
1187.02 SCOPE OF APPLICATION.
(a) The provisions of this Chapter shall apply to:
(1) New Development. New development on vacant land that requires the approval of a development plan and issuance of a Zoning Permit or building permit. The required landscaping shall be shown on plans submitted as part of the development plan application.
(2) Existing Sites. No building, structure, or vehicular use area shall be constructed or expanded unless the minimum landscaping required by the provisions of this Chapter is provided on the property to the extent of its alteration or expansion. In the case of a substantial expansion, the entire site must be brought into compliance with the minimum requirements of this Chapter, or to the maximum extent practicable as determined by the Planning Commission. An alteration or expansion of an existing property is generally considered substantial when:
A. The square footage of an expansion exceeds thirty-three percent (33%) of the gross floor area of the existing building.
B. The square footage of the vehicular use area expansion exceeds thirty-three percent (33%) of the total existing vehicular use area.
C. The land area of the developed portion of the zoning lot is increased by thirty three percent (33%) or more.
(b) One-family detached dwellings and two-family dwellings are exempt from the requirements of this Chapter.
(c) The requirements of this Chapter are minimum landscaping requirements. Nothing herein shall prevent a developer from proposing and the City from approving, more extensive landscaping.
(Ord. 2023-029. Passed 4-18-23.)
1187.03 FLEXIBILITY.
The standards and criteria in this Chapter establish the City's objectives and landscaping intensity expected. The Planning Commission may exercise discretion and flexibility with respect to the placement and arrangement of the required elements to ensure that the objectives of the zoning district and the proposed development or redevelopment are satisfied.
(Ord. 2023-029. Passed 4-18-23.)
1187.04 LANDSCAPING ALONG STREET FRONTAGE.
All areas within the required building and parking setback adjacent to a street right-of-way as well as the front or corner lot setbacks, excluding driveway openings, shall be landscaped as required below. The following minimum plant materials shall be provided and maintained on all lots or developments:
(a) Three (3) deciduous trees shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances. Large deciduous trees shall be used for setback areas that have minimum dimensions of twenty-five (25) feet for both length and width. Small deciduous trees shall be used for smaller setback areas.
(b) Twenty (20) shrubs shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.
(c) All areas not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment.
(d) Trees and shrubs may be aggregated appropriately.
(e) The size and type of trees and shrubs proposed for street frontage landscaping proposed shall be suitable for the size of the landscaped setback area. Whenever the building setback is five (5) feet or less, these requirements shall not apply.
(Ord. 2023-029. Passed 4-18-23.)
1187.05 SCREENING AND LANDSCAPING OF PARKING LOTS.
(a) Screening Along Public Streets. In addition to the requirements of Section 1187.04, whenever a parking area of five (5) spaces or more is adjacent to and within forty (40) feet of a public street, a continuous ten (10) foot wide landscape area shall be provided and maintained between the parking area and the street right-of-way line. The screening shall be a combination of a berm, ornamental fence, or a decorative brick wall and low-level landscaping that provides a visual screen.
(1) Walls, and fences shall have a minimum height of three (3) feet, measured from the highest finished grade of the parking area and a maximum opaqueness of fifty percent (50%).
(2) Shrubs with a minimum height of thirty (30) inches shall be placed to effectively obscure a minimum of fifty percent (50%) of the parking area.
(3) Landscaping and screening shall be located parallel to and within five (5) feet of the edge of the parking lot.
(b) Perimeter Landscaping Requirements. Perimeter landscaping shall be required along any side of a parking lot that abuts adjoining property that is not a right-of-way. A landscaped strip, which is the depth of the minimum parking setback set forth in this Zoning Code for the district in which the lot is located, except as otherwise regulated in Chapter 1171, Specific-Use Regulations, shall be located between the parking area and the abutting property lines. One large deciduous or two small deciduous trees for each forty (40) lineal feet shall be planted in the landscape strip. A wall, fence, or walkway may be constructed along the edge of the landscaped strip. This section shall not apply where planting is required for screening pursuant to Section 1187.06, Buffering and Screening between Districts and Uses or when shared parking areas on adjacent parcels is provided.
(c) Interior Parking Lot Landscaping: Islands, Peninsulas, and Bumpouts. Interior landscaping of parking lots shall be provided in accordance with the following requirements.
(1) Parking lots designed to accommodate thirty (30) or more vehicles shall provide a minimum of five percent (5%) of interior landscaping, reasonably distributed throughout the parking lot to define major circulation aisles and driving lanes and to provide visual and climatic relief from broad expanses of pavement.
(2) The area of a parking lot includes the vehicular use area within the perimeter of the parking lot, landscaped islands, parking spaces and circulation aisles. Circulation aisles with no parking spaces or landscaped islands located on either side are not included. See Figure 1, Parking Lot Interior Calculation.
Figure 1.
Parking Lot Interior Calculation
(3) Interior landscaped areas shall be dispersed so as to define aisles and break up the expanse of paving. Landscaped peninsulas and bumpouts that are designed as extensions from the perimeter landscaping areas shall also be considered as interior landscaping area, but shall not count as perimeter landscaping area.
(4) Each interior landscaped area shall be no less than 100 square feet. The minimum width for each area shall be ten (10) feet. In all cases, the minimum distance from a tree to the back of curb shall be four (4) feet.
(5) Within the landscaped areas, there shall be provided one (1) deciduous tree for every ten (10) parking spaces, and each interior landscape area shall have at least one (1) deciduous tree. Where a landscape area is equal to the width and length of two parking spaces, a minimum of two (2) large deciduous trees shall be provided.
(6) Shrubs or low, spreading plant materials may be planted within the required landscaped islands provided there is no impairment to the visibility of motorists or pedestrians.
(7) To encourage the required landscaped areas to be properly dispersed, an individual landscape area shall not exceed 350 square feet, unless approved by the Planning Commission per subsection (c)(8) below or as otherwise permitted for herein.
(8) If the application of the interior landscape requirement significantly limits the function of the building site, the Planning Commission has authority to permit consolidation and relocation of the landscaped areas on the building site.
(Ord. 2023-029. Passed 4-18-23.)
1187.06 BUFFERING AND SCREENING BETWEEN DISTRICTS AND USES.
(a) Intent. The purpose of this Section is to establish provisions for a visually opaque screen or buffer between incompatible uses and to reduce the effects of glare from automobile headlights, noise, and other activities on a lot that may disturb the owners and occupants of the abutting lot.
(b) Screening. Screening shall be of such nature and density that it will screen the activities on the lot from view of a first story window at normal level on an abutting lot.
(c) When Required. A buffer yard and screening shall be required when:
(1) A lot in the Non-Residence and Other Districts abuts a residential use;
(2) A lot in the Non-Residence and Other Districts abuts the R-S, R-1A, R-1, R-2 Districts;
(4) Required by the regulations in the Non-Residence and Other Districts.
(d) Width of Buffer Yard. The width of the buffer yard shall be equal to ten (10) feet.
(e) Location. The buffer yard shall be located entirely within the higher intensity zoning district or use. The buffer yard may be placed in the lower intensity zoning district or partially within both zoning districts if the lots on both sides of the zoning district line and the entire buffer yard width have common ownership. A permanent easement over any portion of the buffer yard not within the higher intensity zoning district shall be approved by the Law Director and filed for record in the Office of the Recorder of Cuyahoga County.
(f) Buffer Yard Abutting an Adjacent Political Subdivision. When a property line abuts an adjacent political subdivision, the Planning Commission shall determine the screening and buffering required along that property line after consideration of the zoning classification and land use of the adjacent property. The requirements shall not exceed the municipal requirements for property within the City of Bedford Heights with a similar use and zoning classification.
(g) Screening. When the natural vegetation within the required buffer yard does not form a solid, continuous, visual screen or is less than six (6) feet in height along the entire length of the common boundary at the time of occupancy, screening shall be installed in compliance with the following provisions unless more stringent requirements are imposed in Chapter 1171 or the Zoning District Regulations.
(1) Screening Materials. Screening design and plantings shall be compatible with the existing and proposed land use and character of the surrounding land, structures and development. Screening within the buffer yard shall include of one (1) or more of the following:
A. A dense vegetative planting of trees or shrubs of a variety that provide effective screenings in winter and summer. Trees or shrubs shall be planted in a staggered planting pattern, spaced to form a solid, continuous visual screen within one (1) year after the initial installation. The minimum spacing of the trees shall be dependent on the species.
B. Non-living opaque structures, such as a solid masonry wall, that is compatible with the principal structure or a solid wood fence together with a landscaped area at least ten (10) feet wide. For solid fences, fences shall be designed, constructed, and finished so that the supporting members face the property owner of the fence and they shall be maintained in good condition, be structurally sound, and attractively finished at all times.
C. An ornamental fence with openings through which light and air may pass and a landscaped area at least ten (10) feet wide. Chain link fence is prohibited.
D. A landscaped mound or berm at least seven (7) feet wide, with a slope no more than a 3:1. Where the mound or berm is to be mowed, the maximum permitted slope is 4:1.
(2) Installation of Screening. Continuous screening shall be installed at the time of occupancy. Vehicular or pedestrian access through the screen may be necessary.
(3) Height of Screening. The height of screening shall comply with the following:
A. Visual screening by walls, fences, or mounds in combination with vegetation, fences or walls, shall be a minimum of six (6) feet high measured from the natural grade.
B. Visual screening shall not exceed a height of three (3) feet when it is located within a front yard or within twenty-five (25) feet of a parking lot, drive, or driveway entrance.
C. Visual screening by vegetation only shall be a minimum of six (6) feet high, measured from the natural grade. The required height shall be achieved no later than 1 year after the initial installation.
(h) Modifications to Buffering and Screening Requirements. A requirement of a buffer yard shall be applied equally to all similarly situated properties. The Planning Commission is authorized to modify the above buffering and screening requirements if:
(1) Natural land characteristics, such as topography or existing vegetation on the proposed building site, achieve the same screening requirement of this Section; or
(2) Innovative landscaping or architectural design is proposed on the building site to achieve an equivalent screening and buffering effect; or
(3) The required screening and landscaping will not provide visual screening at maturity due to the topography of the site, the location of the improvements on the site, or the topography of adjacent and surrounding sites; or
(4) The Planning Commission is persuaded that it is highly improbable that the abutting property will be developed for residential purposes.
(Ord. 2023-029. Passed 4-18-23.)
1187.07 SCREENING OF ACCESSORY USES AND STRUCTURES.
(a) Trash Collection Areas.
(1) Trash or garbage collection areas shall be enclosed on all sides by a solid wall or fence and a solid gate at least one (1) foot higher than the refuse containers in the collection area but not less than six (6) feet in height. The solid wall or solid fence shall screen the view of the collection area from adjacent properties and visibility from the street. The wall or fence shall be constructed of wood, brick, decorative concrete, split face block, stone, or a synthetic material manufactured to look like the approved material. See Figure 2, Examples of Appropriate Trash Collection Screening.
(2) Screening material placed around trash or garbage collection area, shall be protected to prevent damage to the screening when the trash containers are moved, emptied, or removed. Curbing, if required for protection shall be at least one foot from the screening material.
Figure 2.
Examples of Appropriate Trash Collection Area Screening
(b) Ground mounted Mechanical Equipment. Ground mounted mechanical equipment shall be screened with evergreen plant material so the equipment is completely obscured from view within four (4) years.
(c) Outdoor Storage and Loading Areas. Pursuant to the provisions in this Zoning Code, permitted loading areas, outdoor storage of goods, supplies, equipment or vehicles used in the operation of use, shall be enclosed with a solid fence or wall and solid gates. The wall or fence shall be high enough to conceal all operations and materials from the view of an observer standing at the grade level of an abutting lot or a public street, but in no case shall the wall or fence be less than six (6) feet in height. The wall or fence shall be constructed of wood, brick, decorative concrete, split face block, stone, or a synthetic material manufactured to look like the approved material. See Figure 3, Example of Screening Outdoor Storage.
Figure 3.
Example of Screening Outdoor Storage
(d) Landscaping. No interior landscaping shall be required within an area screened for accessory uses.
(Ord. 2023-029. Passed 4-18-23.)
1187.08 GENERAL LANDSCAPING REQUIREMENTS.
Areas within the setbacks of the lot and not covered by structures shall be landscaped with grass, trees, shrubbery or other appropriate ground cover or landscaping material. Landscaping material shall be well maintained, free of weeds, and in good and healthy condition.
(a) Installation. All plant materials shall be living plants and when provided in order to comply with this Chapter shall meet the minimum size requirements in Schedule 1187.08, or according to industry standards.
Minimum Size Requirements for Plant Materials | |
Plant Type | Minimum Size at Time of Planting |
(1) Large Deciduous Trees | 1 3/4-inch DBH with a clear trunk height of 6 feet |
(2) Small Deciduous Trees | 1.5-inch DBH with a clear trunk height of 5 feet |
(3) Evergreen Trees | 6 feet in height |
(4) Shrubs | 2 feet in height |
DBH = Diameter at Breast Height | |
(b) Planting Arrangement. Trees and shrubs shall be arranged to create varied and attractive views. The plant material selected should provide a variety of color and seasonal interest displayed throughout the year.
(c) Screening. All screening and buffer yards shall be free of advertising and signs, except for Incidental Instructional Signs.
(d) Parking. Vehicle parking shall not be permitted in landscaped areas.
(e) Pedestrian Movement. Landscaping materials shall not be placed where they will prevent pedestrian movement unless planted to create a pedestrian barrier.
(f) Damage to Public Works. Plant material shall not interfere with or cause damage to underground utility lines, public roadways, or other public works.
(g) Maintenance. The lot owner shall maintain landscaping in good condition and keep plants healthy and thriving by following best practices for watering, fertilizing, mulching and weeding, in order to present a neat and orderly appearance. Landscape areas shall be free from refuse and debris. No plant material required herein shall be removed unless replaced with like kind and size. Prior to removal, a revised landscape plan shall be submitted to the Zoning Inspector for review and approval pursuant to Section 1131.09, Minor Alternations Approved by Zoning Inspector.
(h) Vehicular Encroachment on Landscaping Islands. For parking areas with ten (10) or more parking spaces, concrete curbs or other wheel stops shall be provided to assure that vehicles overhang into landscape areas no more than two and five-tenths (2.5) feet.
(i) Continuing Maintenance. The property owner is responsible for maintaining and replacing when necessary plants and materials shown on the approved development plan for a non-residential project.
(j) Ground Cover. The property owner is required to maintain vegetative or other effective ground cover to prevent soil erosion.
(Ord. 2023-029. Passed 4-18-23.)
1187.09 APPROVAL PROCESS FOR REQUIRED LANDSCAPING, FENCES, AND WALLS.
(a) The location of landscaping, fences, or walls required to fulfill the standards and criteria of this Chapter shall be reviewed and approved as part of a development plan pursuant to Chapter 1131, Development Plan Review Procedures.
(b) When a fence, wall, or landscaping is proposed at a separate time from any other development for new construction, additions or site renovation, a fence; wall; or landscaping may be approved administratively by the Zoning Inspector when the Zoning Inspector determines that the proposal:
(1) Complies with the requirements of this Chapter, other applicable provisions in this Zoning Code, and Chapter 1197 of the General Code of Ordinances;
(2) Is consistent with any previously approved plan;
(3) Is compatible with the current site development if there is no approved plan; and,
(4) Will have a minimal adverse impact to the surrounding areas.
(Ord. 2023-029. Passed 4-18-23.)
1187.10 LIGHTING REGULATIONS.
The purpose of this Section is to control the installation of exterior lighting fixtures to prevent light pollution in the forms of light trespass and glare and to preserve, protect, and enhance the character of the City.
(a) Lighting shall be controlled to prevent direct lighting into the sky or on neighboring properties. Examples of methods to accomplish this directive include the use of fully shielded cut off fixtures, directing light fixtures downward rather than upward, or shielding the light to reduce light emission from the fixture so it cannot be seen at a reasonable distance.
(b) Only fully shielded cut off style light fixtures shall be permitted for security or to illuminate walkways, roadways, equipment yards, or parking lots. See Figure 4.
Figure 4.
Full cut-off lighting directs light down
and to the sides.
(c) Flashing, rotating, moving, and digital lights are prohibited.
(d) An outdoor light fixture shall not exceed a maximum height of thirty (30) feet measured from the finish grade established not closer than fifteen (15) feet from the pole.
(e) The illumination level at the property line of a parcel adjacent to a residence shall not exceed one-foot candle power.
(f) In addition to the requirements set forth in this Section, outdoor light fixtures shall be installed in conformity with all other applicable provisions of the codified ordinances of the City of Bedford Heights, Ohio.
(g) An outdoor light fixture used to illuminate a sign or recreational facility or for decorative effects, such as building, landscape, or recreational field illumination, shall be equipped with an automatic timing device and shielded and focused to reduce light shining into the sky or upon neighboring properties.
(h) An outdoor light fixture installed and maintained upon private property within all zoning districts shall be turned off between 11:00 pm and sunrise, except when used for security purposes or to illuminate walkways and roadways.
(i) An illuminated sign for commercial purposes shall be turned off between 11:00 pm and sunrise, except that signs may be illuminated while the business facility is open to the public.
(Ord. 2023-029. Passed 4-18-23.)
1189.01 PURPOSE.
The purpose of this chapter is to present minimum post sizes and footer dimensions and to set forth other design standards for the installation of antenna structures. Use of these guidelines and of these configurations does not imply responsibility of the City toward adequate design of any particular installation, or toward any damage caused from failure of any particular installation.
(Ord. 85-179. Passed 4-15-86.)
1189.02 STORAGE, PLACEMENT AND SCREENING OF ANTENNA.
(a) No antenna shall be installed, maintained or stored within the City unless there has been compliance with the provisions of this chapter. The approval of the Planning Commission shall be required before installation of antenna structures over five (5) feet in length or diameter. Installation of any Direct Satellite Signal, Citizens Band Radio or Television antenna less than five (5) feet in length or diameter may be approved by the Building Commissioner without any application fee being required as long as the same meets the applicable requirements contained in this chapter.
(Ord. 96-035. Passed 5-7-96.)
(b) Any person seeking to install, maintain or store an antenna shall submit the following to the Building Division:
(1) An application form which must include the following information:
A. Name(s), address and phone number of owner(s) of property;
B. Name of occupant of property;
C. Name, address and phone number of contractor or other person permitted to erect the antenna; and
D. Name, address and phone number of person who will be construction contractor pursuant to regulations of the City.
(2) Plot plan of property showing:
A. Exact location for the antenna;
B. Location of all existing buildings on the property; and
C. Description of type of antenna proposed.
(3) Three sets of construction plans, specifications and elevations of proposed location with sufficient detail to show method of assembly and construction. Plans must also show:
A. Name(s) and address(es) of property owner(s); and
B. Name(s) and address(es) of the plans and specifications preparer(s).
(4) A screening plan for the antenna which shall set forth the size, quality and quantity of the proposed screening.
(Ord. 2005-141. Passed 10-18-05.)
(c) Plans must meet all engineering practices and conform to the City Building Code. (Ord. 85-179. Passed 4-15-86.)
(d) Each applicant shall pay to the Building Division a fee of twenty-five dollars ($25.00) to cover the cost of administration of this section and any required inspection.
(Ord. 2005-141. Passed 10-18-05.)
(e) Location of Antenna.
(1) No antenna shall be erected in any front or side yard or within twenty (20) feet of any lot line.
(2) No antenna of five (5) feet or greater in size shall be erected on the rooftop of any residential building. Antenna under five (5) feet in size shall not extend more than five (5) feet above the ridge line of the roof upon which it is mounted.
(3) No antenna shall be linked to receivers which are not located on the same lot or premises as the antenna in any R-1, R-2 and R-3 zoning districts.
(4) No configuration shall be attached to, installed on or supported by any wall, building or adjacent structure that is not capable of supporting the loads which would be transferred to it, unless such wall, building or adjacent structure has been designed and/or analyzed to be capable of supporting these loads according to applicable building codes. Such design and analysis shall be submitted to the City for review and approval.
(f) Antenna Support Structures.
(1) Only hot-dipped, galvanized carbon steel construction, or equal thereto, shall be allowed.
(2) Only a concrete base or caissons, depending on soil conditions, shall be employed in line with grade. The top three (3) feet of the concrete foundation shall be formed by use of a tubular form as approved by the Building Commissioner.
(3) The structure shall be designed to withstand wind force of up to ninety (90) miles per hour in a manner conforming with good engineering practices. The applicant shall file with the permit application, drawings and published manufacturer's specifications to establish that the antenna, once erected, will withstand a wind force of up to ninety (90) miles per hour.
(4) Any driving motor shall be limited to 110V maximum power design and be encased in protective guards.
(5) If guy lines are to be used, they must be confined within a screened area.
(6) All wiring must adhere to the National Electrical Code.
(7) Minimum post sizes for free standing single posts shall be as follows:
POST HGT. ABOVE GRD. (ft.) | ANTENNA DIAMETER (ft.) | ||||
6 | 8 | 9 | 10 | 12 | |
5 6 7 8 9 10 11 12 | 3-1/2" 40S 4" 40S 4" 40S 4" 80S 4" 80S 6" 40S 6" 40S 6" 40S | 4" 80S 6" 40S 6" 40S 6" 40S 6" 40S 6" 40S 6" 80S * | 6" 40S 6" 40S 6" 40S 6" 40S 6" 80S 6" 80S * * | 6" 40S 6" 40S 6" 80S 6" 80S 6" 80S 8" 40S * * | 6" 80S 6" 80S 8" 40S 8" 40S 8" 40S * * * |
* Top elevation of antenna diameter size exceeds City's maximum height requirement.
(8) Minimum standard pipe dimensions shall be as follows:
SIZE | OD (Inch) | ID (Inch) | THICKNESS (Inch) |
3-1/2" 40S 4" 40S 4" 80S 6" 40S 6" 80S 8" 40S | 4.000 4.500 4.500 6.625 6.625 8.625 | 3.548 4.026 3.826 6.065 5.761 7.981 | 0.226 0.237 0.337 0.280 0.432 0.322 |
(9) Minimum footer depths for free-standing single posts shall be as follows:
Antenna Diam. Size (ft.) | Footer Diam. (ft.) | POST HEIGHT ABOVE GRADE (FT.) | |||||||
5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | ||
6 | 2.0 2.5 3.0 3.5 | 3.5 3.5 -- -- | 3.5 3.5 -- -- | 3.5 3.5 -- -- | 4.0 3.5 -- -- | 4.0 3.5 -- -- | 4.0 3.5 3.5 -- | 4.5 4.0 3.5 -- | 4.5 4.0 3.5 -- |
8 | 2.0 2.5 3.0 3.5 | 4.5 4.0 -- -- | 4.5 4.0 4.0 -- | 5.0 4.5 4.0 -- | 5.0 4.5 4.0 -- | 5.5 5.0 4.5 -- | 5.5 5.0 4.5 -- | 6.0 5.0 5.0 -- | * * * * |
9 | 2.0 2.5 3.0 3.5 | 5.0 4.5 4.0 -- | 5.5 4.5 4.0 -- | 5.5 5.0 4.5 -- | 6.0 5.0 4.5 -- | 6.0 5.5 5.0 -- | 6.5 5.5 5.0 -- | * * * * | * * * * |
10 | 2.0 2.5 3.0 3.5 | 5.5 5.0 4.5 -- | 6.0 5.5 5.0 -- | 6.5 5.5 5.0 -- | 6.5 6.0 5.5 -- | 7.0 6.0 5.5 -- | 7.5 6.5 6.0 5.5 | * * * * | * * * * |
12 | 2.0 2.5 3.0 3.5 | 7.0 6.0 5.5 -- | 7.5 6.5 6.0 -- | 8.0 7.0 6.0 5.5 | 8.5 7.5 6.5 6.0 | 8.5 7.5 7.0 6.5 | * * * * | * * * * | * * * * |
** Footer must bear on solid soil, rock or suitable material.
* Top elevation of dish exceeds City's maximum height requirement.
NOTE: Blank indicates unacceptable footer diameter for recommended post size.
(10) Cubic yards of concrete for the indicated footer dimensions shall be in accordance with the following table:
FOOTER DEPTH (Ft.) | FOOT DIAMETER (Ft.) | |||
2.0 | 2.5 | 3.0 | 3.5 | |
3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0 8.5 | 0.41 0.47 0.52 0.58 0.64 0.70 0.76 0.81 0.87 0.93 0.99 | 0.64 0.73 0.82 0.91 1.00 1.09 1.18 1.27 1.36 1.45 1.55 | 0.92 1.05 1.18 1.31 1.44 1.57 1.70 1.83 1.96 2.09 2.23 | 1.25 1.43 1.60 1.78 1.96 2.14 2.32 2.49 2.67 2.85 3.03 |
(Ord. 85-179. Passed 4-15-86.)
(11) For any design configuration proposed which does not conform to the above standards for post sizes, post dimensions and footer dimensions, the applicant shall submit to the Building Division for review and approval design plans and engineering analysis indicating the structure to be capable of supporting the loads according to the applicable building codes.
(Ord. 2005-141. Passed 10-18-05.)
(g) Size.
(1) The maximum diameter of any antenna shall not exceed twelve (12) feet in any R-1, R-2 and R-3 zoning district except tower, ground-mounted antenna which shall be governed by subsection (h) hereof.
(2) The maximum diameter of any antenna in any commercial, industrial or business district or for use in connection with schools, church building, hospital, apartment building or multiple unit dwelling complex shall not exceed five meters except tower, ground-mounted antenna which shall be governed by subsection (h) hereof.
(h) Height. The maximum height of any antenna structure shall not exceed fifteen (15) feet from natural grade level in any R-1, R-2 or R-3 zoning district and shall not exceed twenty-three (3) feet in any other zoning district and shall comply with all other provisions of this code unless such antenna is a tower, ground-mounted antenna in which case the antenna tower's maximum height shall not exceed fifty-five (55) feet in any residential zoning district and 100 feet in commercial and industrial districts in which case the tower must be entered and abutting the rear of a building.
(i) Screening and Aesthetics.
(1) The Planning Commission shall determine the adequacy of screening and the effect on surrounding properties based upon the screening plan submitted by the applicant and upon these factors:
A. Location of screened area.
B. Impairment of line of vision from contiguous residences.
C. Size, quality and quantity of screening. (Walls, fences and plantings considered.)
D. Objections from neighbors.
(2) No lettering, numerals, symbols, pictorial signs or designs shall be permitted on any surface of the antenna.
(j) Notice of Contiguous Property Owners.
(1) At least fourteen days before the Planning Commission is to review the screening plan and proposal of the applicant, notices shall be sent to all owners of contiguous properties advising them of the date and time of such Planning Commission meeting and of their right to express their approval or disapproval thereat.
(2) Notice of the Planning Commission's determination and approval or disapproval shall be given within fourteen days after the date of the determination to the applicant and those contiguous property owners who attended the Planning Commission meeting in which the antenna proposal and screening plan were presented.
(k) Appeals. The Planning Commission's determination shall be appealable by the applicant or a contiguous property owner to the Board of Zoning and Building Code Appeals for a period of thirty days after receipt of notice of the Planning Commission's determination in accordance with the provisions of Chapter 1133.
(l) Exemption. Those persons installing roof-mounted antenna of less than five (5) feet in size are exempt from the application fee and screening and aesthetics requirements found in subsections (d) and (i) hereof.
(Ord. 85-179. Passed 4-15-86.)
(m) Review and Recommendations by the City Engineer. Each application for an antenna structure shall be reviewed by the City Engineer who shall make recommendations to the Planning Commission concerning any conflicts between subsections (f) and (g) of this section and the antenna manufacturer's specifications. The Planning Commission may approve applications based upon such conflicting antenna manufacturer's specifications upon the recommendation of the City Engineer.
(Ord. 94-187. Passed 12-6-94.)
1190.01 DEFINITIONS.
(a) “Telecommunication” means the technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.
(b) “Wireless telecommumcations antenna” means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission
excluding amateur radio operator's antenna.
(c) “Wireless telecommunications equipment building” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications
facility is housed.
(d) “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 land-based telephone lines.
(e) “Wireless telecommunications tower” means a monopole structure intended to support equipment used to transmit and/or receive telecommunications signals.
(f) “Residential lot line” means the lot line of any lot presently in use as or zoned residential.
(Ord. 97-013. Passed 4-1-97.)
1190.02 INTENT.
Wireless telecommunications facilities are permitted as conditional uses in a variety of zoning districts contingent upon a number of specific conditions and requirements being met. These criteria are in place in an attempt to minimize an adverse health, safety, public welfare or visual impact through buffering, siting, design and construction, and reducing the need for new towers.
(Ord. 97-013. Passed 4-1-97.)
1190.03 CRITERIA FOR A CONDITIONAL USE.
A wireless telecommunications facility may be permitted as a conditional use in a commercial or industrial district. In order to be considered for review, the applicant needs to 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:
(a) The applicant shall demonstrate that the height of the tower is the minimum necessary for operation.
(b) The applicant shall present documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this chapter for wireless telecommunications towers.
(c) The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.
(d) The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
(e) The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to service the applicant's service area. If the facility includes a tower there shall be an explanation of why other nearby structures, if any, cannot be used to support the antenna.
(f) 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 for the proposed facility and that the vehicular access is provided to the facility.
(g) The facility must meet electromagnetic emissions standards established by the FCC.
(h) The facility is not permitted in residential districts.
(i) 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 thirty 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.
(Ord. 97-013. Passed 4-1-97.)
1190.04 USE REGULATIONS; GENERAL.
(a) A plot plan including all building uses within 500 feet shall be required at a scale not less than one inch is equal to 100 feet.
(b) The location of the tower and equipment building shall comply with all natural resource protection standards established in this chapter, including floodplain, wetlands and steep slope regulations.
(c) A security fence eight (8) feet in height shall completely surround the tower, equipment building and any guy wires.
(d) Buffer plantings shall be located around the perimeter of the security fence as follows:
(1) An evergreen screen shall be planted at a minimum of four (4) feet in height that consists of either a hedge, planted three (3) feet on center maximum, or a row of evergreen trees planted five (5) feet on center maximum.
(2) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(e) A report prepared by a licensed professional engineer shall be included with the
submitted application and shall contain the height, design, proof of compliance with nationally accepted structural standards and a description of the tower's capacity, including the number and types of antennas it can accommodate.
(f) A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the Municipality to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.
(g) Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour and shall be exclusively monopole in design.
(h) An antenna may not be located on a building or structure that is listed on an historic register, or is in an historic district or on any residential dwelling.
(i) 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).
(j) No advertising is permitted anywhere on the facility.
(k) If at any time the use of the facility is discontinued for 180 days, a designated local official may declare the facility abandoned. The facility's owner/operator will be contacted 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 conditional use permit will expire on the 361st day. (Ord. 97-013. Passed 4-1-97.)
(1) All towers above 100 feet shall be artificially lighted. In addition, all FAA regulations addressing safety marking and obstruction lighting shall be followed when necessary. Security lighting around the equipment shelter is permitted.
(Ord. 98-085. Passed 5-19-98.)
(m) Warning signs shall be posted around the facility with an emergency telephone number of who to contact in the event of an emergency.
(n) The facility owner/operator shall present a maintenance plan in which they will be responsible for the upkeep of the site.
(o) A permanent easement to the tower site must be provided thereby maintaining access regardless of other developments that may take place on the site.
(p) A Conditional Use Permit must be approved by the City Planning Commission with a subsequent Building Permit issued by the Building Commissioner.
(Ord. 97-013. Passed 4-1-97.)
1190.05 USE REGULATIONS; NONRESIDENTIAL DISTRICTS.
A wireless telecommunications facility is permitted in the following zoning districts - industrial, commercial and institutional (as determined by the municipality) subject to the following conditions:
(a) Combined with Another Use. A wireless telecommunications facility is permitted on a property with an existing use, or on a vacant parcel subject to the following conditions:
(1) 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.
(2) The cellular telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for a periodic maintenance.
(3) Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment building, security fence and buffer planting. If the title to the land on which the wireless telecommunications facility is located is conveyed to the owner of the telecommunications facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the district.
(4) Minimum yard requirements.
Tower: The minimum distance to school/day care center/public park/residential lot line shall be 300 feet.
Equipment Building: Shall comply with the minimum setback requirements for the primary lot.
(5) Access. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
(6) Maximum height.
Tower: 160 feet (includes antenna)
Equipment Building: Shall comply with the maximum building height for the district.
(7) Maximum size of equipment building. 750 square feet, or the maximum square footage allowable for an "accessory" structure, whichever is the most stringent.
(b) 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:
(1) Maximum height. Twenty (20) feet or twenty percent (20%) of the building height above the existing building or structure, whichever is greater.
(2) If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:
A. The minimum setback requirements for the subject zoning district.
B. An eight-foot high security fence with barbed wire on top shall surround the building.
D. Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
(3) Elevations of existing and proposed structures showing width, depth, height of the telecommunications facility and the statistical use data on the antenna and support structure shall be presented.
(Ord. 97-013. Passed 4-1-97.)