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Bellefontaine City Zoning Code

TITLE ONE

PLANNING

1101.01 ESTABLISHMENT; MEMBERSHIP.

   There is hereby established a City Planning Commission, with seven members consisting of the Mayor, the Director of Service and Safety, the President of the Board of Park Commissioners, and four residents of the City, who shall serve without compensation and who shall be appointed by the Mayor, with the approval of Council, for terms of six years each, except that the term of two of the members of the first Commission shall be for three years.

1101.02 PARTICIPATION IN COUNTY PLANNING.

   The Planning Commission is hereby authorized to participate in regional and/or County planning with the Board of County Commissioners or with other political subdivisions located in the County, for any region defined or agreed upon by the Commission.

1103.01 INTERPRETATION.

   The following rules of interpretation apply to the text of the Zoning Ordinance;
   (a)    The particular shall control the general.
   (b)    In case of any difference of meaning or implication between the text of the Zoning Ordinance and any caption or illustration, the text shall control.
   (c)    The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
   (d)    Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
   (e)    A "building" or "structure" includes any part thereof.
   (f)    The phrase "used for" includes "arranged for", "designed for", "intended for"' "maintained for", or "occupied for".
   (g)    The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
   (h)    Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or", "either...or", the conjunction shall be interpreted as follows:
      (1)    "And" indicates that all the connected items, conditions, provisions, or events shall apply.
      (2)    "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
       (3)    "Either or" indication that the connected items, conditions provisions or events shall apply singly but not in combination.
   (i)    Terms not herein defined shall have the meaning customarily assigned to them.

1103.02 DEFINITIONS.

   (1)   "Accessory use" or "accessory" means a use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as, the principal use to which it is related.
   When "accessory" is used in the text, it shall have the same meaning as accessory use.
   An accessory use includes, but is not limited to, the following:
      A.    Residential accommodations for servants and/or caretakers.
      B.    Swimming pools for the use of the occupants of a residence, or their guests.
      C.    Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure.
      D.    A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.
      E.    Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.
      F.    Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.
      G.    Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located.
      H.    Uses clearly incidental to a main use, such as but not limited to offices of an industrial or commercial complex located on the site of the commercial or industrial complex.
      I.    Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located.
      J.    Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.
      K.    Other "accessory uses" include; fences, walls, sheds, garages, parking places, decks, poles, satellite dishes, poster panels, and billboards except as otherwise required in this Ordinance an accessory use shall be a permitted use.
   (2)    "Agriculture" includes farming; ranching; aquiculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and furbearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber, pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production, provided, however that:
      A.    The operation of any such accessory uses shall be secondary to that of normal agriculture activities; and
       B.    The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.
   (3)    "Airport" means any runway, land area or other facility designed or use either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings, and open spaces.
   (4)    "Alley" or "lane" means a public or private way not more than twenty feet wide affording only secondary means of access to abutting property,
   (5)    "Alterations" means any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."
   (6)    "Apartments" means a suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
   (7)    "Apartment, efficiency" means a dwelling unit in a multi-family building, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
   (8)    "Apartment hotel" means an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
   (9)    "Apartment house". See "dwelling multi-family".
   (10)    "Appeal" means a request for a review of the Zoning Inspector's interpretation of any provision of this chapter or a request for a variance.
   (11)    "Automobile repair major" means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame or fender straightening or repair, overall painting or pawnshop and vehicle steam cleaning.
   (12)    "Automobile repair minor" means incidental body or fender work, other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity.
   (13)    "Automotive, mobile home, travel trailer, and farm implement sales" means the sale or rental of new and used motor vehicles, mobile homes, travel trailers, or farm implements, but not including repair work except incidental warranty repair of same, to be displaced and sold on the premises.
   (14)    "Automobile service station or filling station" means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises.
   (15)    "Automobile wrecking" means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicle or their parts.
   (16)    "Average recurrence interval" means the average interval in years between storm water flows of a given magnitude, or greater, over a period of time, such as 100 years.
   (17)    "Basement" means a story whose floor is more than twelve inches but not more than half of its story height below the average level of the adjoining ground as distinguished from a "cellar" which is a story more than one-half below such level. A basement, when used as a dwelling, shall be counted as a story for the purpose of height measurement, and as a half-story for purposes of side yard determination. See Section 1103.03 (a).
   (18)    "Block " means the property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest such street and railroad right of way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the Municipality.
   (19)    "Billboard or signboard" means any structure or portion thereof, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon, or any such structure or portion thereof the area of which devoted to advertising purposes, exceeds 100 square feet. The definition shall not be held to include any board, sign or surface used to display any official notices issued by any court or public office or posted by a public officer in the performance of a public duty, or bulletin boards used to display announcement of meeting to be held on premises wherein such bulletin boards are located, nor shall it be held to include a real estate sign advertising for sale or rent the property upon which it stands.
   (20)    "Board " means the Board of Zoning Appeals of the City of Bellefontaine. Ohio.
   (21)    "Boarding or lodging house" means. a dwelling or part thereof where meals and/or lodging are provided, for compensation, for five or more persons who are not transients.
   (22)    "Buffer lot" means a uniform two foot wide strip of land contiguous to an outside boundary of a proposed subdivision and across the full width of the proposed right-of-way dedication of any street that is to be extended into other lands in future planning.
   (23)    "Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.
   (24)    "Building, accessory" means a subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
   (25)    "Building Height" means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall. See Section 1103.03(b).
 
   (26)    "Building Line" means a line formed by the face of the building and for the purposes of the Zoning Ordinance, a minimum building line is the same as a front setback line. See Section 1103.03(c).
   
   (27)    "Building, principal" means a building in which is conducted the main or principal use of the lot on which said building is situated.
   (28)    "Business, convenience" means Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise, or other objectionable influences. To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities, and grocery stores, if less than 10,000 square feet in floor area. Uses in this classification tend to serve a day-to-day need in the neighborhood.
   (29)    "Business, general" means commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving day- to-day needs of the community, also supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances, and furniture; department stores; and discount stores.
   (30)    "Business, highway" means commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend to serve the motoring public. Highway business uses include, but need not be limited to, such activities as filling stations; truck and auto sales and service; restaurants and motels; and commercial recreation.
   (31)    "Business, Office Type" means Quasi-commercial uses which may often be transitional between retail business and/or manufacturing, and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting,
writing, clerical, stenographic, and drafting. Institutional office of a charitable, philanthropic, or religious or educational nature are also included in this classification.
   (32)    "Business, services" means profit making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses.
   (33)    "Business, wholesale" means business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.
   (34)    "Cellar" means a story the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or a caretaker employed on the premises. See Section 1103.03(a).
   (35)    "Cemetery" means land used or intended to be used for the burial of human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries if operated in connection with, and within the boundaries of, such cemetery.
   (36)    "Certificate of Occupancy" means a statement signed by the Building Inspector, setting forth that either a structure or zoning lot, or both, may lawfully be employed for specific uses. Such structure(s) and use shall conform to the provisions of the Zoning Ordinance.
   (37)    "Channel" means a natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.
   (38)   "Child day-care" means administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four hour day in a place or resident other than the child's own home. The following are child day-care facilities:
   (39)    "Child day-care center" mans any place in which child day-care is provided, with or without compensation, for thirteen or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation, for seven to twelve children at any one time. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted.
   (40)   "Type A family day-care home" means a permanent residence of the administrator in which child day-care is provided for four to twelve children at any one time, if nine or more children are under two years of age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted. The term "Type A family day-care home" does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
   (41)    "Type B family day-care home" means a permanent residence of the provider in which child day-care or child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at any one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and are on the premises cf the Type B home shall be counted. The term "Type B family day-care -home" does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
   (42)    "City" means the incorporated City of Bellefontaine, Logan County, Ohio.
   (43)    "Clinic" means a placed used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
   (44)    "Club" means a nonprofit association of persons who are bonafide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
   (45)    "Commercial entertainment facilities" means any profit making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges, and similar entertainment activities.
   (46)    "Commission" means the City Planning Commission of Bellefontaine, Ohio.
   (47)    "Community Facilities" means existing, planned and proposed parks, playgrounds, schools and other public lands and buildings of the municipality or county for which the regulations are in effect.
   (48)    "Comprehensive Plan" means the master plan, or any portion thereof, adopted by the City Planning Commission or Regional Planning Commission which shows the general location and extent of physical facilities, including major stress, main thoroughfares, parks, schools and other public open spaces and public building sites. Also, applicable sections of the Logan County Overall Economic Development Program (OEDP) as adopted by the council of the City of Bellefontaine, Ohio.
   (49)    "Conditional use" means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals.
   (50)    "Conditional use permit" means a permit issued by the Zoning Administrator upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
   (51)    "Condominium" means a building or group of buildings in which units are individually owned but the structure, common areas and facilities are owned on a proportional, undivided basis by all of the owners.
   (52)    "Condominium property" means and includes the land, together with all buildings, improvements, and structures thereon, all easements, rights and appurtenances belonging thereto, and all articles of personal property which have been submitted to the provisions of Ohio R. C. Chapter 5311.
   (53)    "Convalescent" or "nursing home" means a structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and medical care.
   (54)    "Council'' means the legislative body of Bellefontaine, Ohio.
   (55)    "Court" means an open unoccupied and unobstructed space, other than a yard, on the same lot within a building or group of buildings.
   (56)    "Crosswalks" means the right of way dedicated to public pedestrian use, which cut across a long block.
   (57)    "Cul-de-sac" means a dead-end street of short length having one end open to traffic and the other end terminating to a vehicular turn-around.
   (58)    "Dead end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
   (59)    "Deck" means a wooden platform, which may have sides and a canopy, attached to a dwelling with direct access from one or more levels of the dwelling.
   (60)    "Density" means a unit of measurement expressing the number of dwelling units per acre of land.
      A.    "Gross density" means the number of dwelling units per acre of the total land to be developed.
      B.    "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
   (61)    "Density bonus" means an increase in the number of allowable dwelling units per acre granted for some specific reason, such as the provision of lower-income housing, as provided for in the zoning regulations.
   (62)    "Developer" means a person, subdivider, partnership or corporation or duly authorized agent who constructs or contracts to construct improvements.
   (63)    "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures.
   (64)    "District" means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Ordinance.
   (65)    "Drive-in" means a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
   (66)    "Dwelling" means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer coach, boarding or rooming house or house trailer.
   (67)    "Dwelling unit" means space, within a dwelling, compromising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
   (68)    "Dwelling group" means a group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
   (69)    "Dwelling, single family" means a dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
   (70)    "Dwelling, two-family" means a dwelling consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
   (71)    "Dwel1ing, multi-family" means a dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi- family housing may include public housing and industrialized units.
   (72)    "Dwelling condominium" means a building or structure consisting of two or more dwelling units and having a type of land ownership under the provisions of Ohio R. C. Chapter 5311 whereby individual dwelling units may be sold and owned separately, while common areas and some outdoor areas may be owned in common.
   (73)    "Dwelling, industrialized unit" means an assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient ana when installed, constitutes a dwelling unit, except for necessary preparations for its placement, and including a modular or sectional unit but not a mobile home.
   (74)    "Dwelling, rooming house (boarding house, lodging house, dormitory)" means a dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
   (75)    "Easement" means an authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
   (76)    "Engineer" means a person licensed to practice engineering in the State of Ohio and, more specifically, a civil engineer as referred to in this chapter.
   (77)    "Elderly housing facility" means a building or buildings containing twelve or more dwelling units where occupancy is restricted to elderly persons or households. Such facilities may include emergency first aid care, day care, therapy, personal care, nursing facilities, recreational facilities, and provide for independent or semi-independent living. For the purposes of this definition, "elderly housing facility" shall not include convalescent homes, nursing homes, group residential facilities, or homes for the aged.
   (78)    "Elderly person" means any person who is sixty-two years of age or older, or any person under sixty-two years of age who is handicapped such that his physical impairments are of a long-term duration and impede his ability to live independently without a suitable housing environment.
   (79)    "Essential services" means the erection, construction, alteration or maintenance by public utilities or Municipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution system, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith but not including buildings which are necessary for the furnishing of adequate service by such utilities or Municipal departments for the general health, safety, or welfare.
   (80)    "Excavation" means any breakage of ground, except common household gardening and ground care.
   (81)    "Extra-territorial jurisdiction " means jurisdiction exercised by the City Planning Commission over all subdivisions proposed for the territory lying within three miles of the corporate limits of the City.
   (82)    "Factory-built housing" means a factory-built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. For the purposes of this Ordinance "factory-built housing" shall include the following:
      A.    "Manufactured home" means any nonself-propelled housing transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is thirty-two or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which bears a label that is built in compliance with Federal Manufactured Housing Construction and Safety Standards.
      B.    "Modular home" means factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site-built homes. Such housing may be made of one or more modular units and referred to as a "sectional".
      C.    "Mobile home" means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
"STATEMENT OF INTENT FOR "FACTORY BUILT H0USING"
Because terms for manufactured housing such as those listed in the above definition titled "Factory-Built Housing" tend to change over the years, the purpose and intent of the definition is to draw a distinction between dwellings that are produced and erected in assembly line style at the factory, from those stick-built dwellings (see definition of stick-built) in which a substantial amount of material and construction labor are brought together in final form at the foundation site. The above explanation is the spirit in which any future interpretation shall be made from this section, no matter what terms for manufactured housing are in vogue at any given time.
   (83)    "Family" means a person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel or hotel, dormitory, fraternity or sorority house, provided, however, that "family" shall not include more than four persons unrelated to each other by blood, marriage or legal adoption.
   (84)    "Farm" means the carrying on of any agricultural activity or the raising of livestock or small animal as a source of income.
   (85)    "Farm vacation enterprises (profit or non-profit)" means farms adapted for use as vacation farms, picnicking and sport areas, fishing waters, camping, scenery, and nature recreation areas; hunting areas; hunting preserves and watershed projects.
   (86)    "Federal Emergency Management Agency (FEMA)" means the agency with the overall responsibility for administering the National Flood Insurance Program.
   (87)    "Feedlot" means a relatively small, confined land area for fattening or temporarily holding chattel for shipment.
   (88)    "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
      A.   The overflow of inland or tidal waters; and/or
      B.   The unusual and rapid accumulation cr runoff oi surface waters from any source.
 
   (89)    "Flood base" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also known as the "base flood" or "100 year flood."
 
   (90)    "Flood Insurance Rate Map (FIRM) n means an official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.
 
   (91)    "Flood Insurance Study" means the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevations of the base flood.
 
   (92)    "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
 
   (93)    "Flood hazard" indicates overflow water having sufficient velocity to transport debris, to scour the surface soil or to dislodge or damage buildings. It also indicates erosion of the banks of watercourses.
 
   (99)    "Flood hazard area" means the land on the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
 
   (95)    "Flood plain" means that portion of river or creek valley adjacent to the river or creek channel which is covered with water when the river or creek overflows its banks at flood stage.
 
   (96)    "Floor Area, Residential." For the purpose of computing the minimum , allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of
walls separating two buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
 
   (97)    "Floor area, gross" (for purposes of computing parking) means the sum of the gross horizontal areas of all of a building, measured from the exterior faces of the exterior walls or from the center line of common walls separating two buildings. Gross floor area shall not include garages, attic space, terraces, breezeways, open porches and uncovered steps. See Section 1103.03(d).
 
   (98)    "Floor area, usable" means measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
 
   (99)    "Food processing" means the preparation, storage or processing of food products. Examples of these activities include bakeries, dairies, canneries, and other similar businesses.
 
   (100)    "Frontage" means all the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of a dead-end street or City boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
 
   (101)    "Garage, private" means a detached accessory building or portion of the principal building used only for the storage of self-propelled passenger vehicles or trailers by the families residing upon the premises.
 
   (102)    "Garage, public" means a principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, trailers and/or boats, and in which no service shall be . provided for remuneration.
 
   (103)    "Garage, service station" means buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, and where in addition, the following services may be rendered and sales made:
      A.    Sales and service of spark plugs, batteries and distributor parts;
      B.    Tire servicing and repair, but not recapping or regrooving.
      C.    Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease containers, wheel bearings, mirrors, and the like;
      D.    Radiator cleaning and flushing;
      E.    Radiator welding and repair;
      F.    Greasing and lubrication;
      G.    Providing and repairing fuel pumps, oil pumps and lines;
      H.    Minor servicing and repair of carburetors;
      I.    Adjusting and repairing brakes;
      J.    Minor motor adjustment not involving removal of the head or crankcase racing the motor;
      K.    Ales of cold drinks, packaged food, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principle operations;
      L.    Provisions of road maps and other informational material to customers, provision of restroom facilities;
      M.    Warranty maintenance and safety inspections.
   Uses permissible at a garage, service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.
 
   (104)    "Gasoline service station" means a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including automobile repair.
 
   (105)    "General Development Plan" or "Master Plan" means that plan adopted by the Planning Commission which includes the plan of major streets or highways .
 
   (106)    "Grade" means the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.
 
   (107)    "Group residential facility" is a community residential facility, licensed and/or approved and regulated by the State of Ohio, which provides rehabilitative or habilitative services. There are two classes of group residential facilities:
   Class I:    Any state, federal, or locally approved dwelling-or place used as a foster home for children or adults (not including nursing homes) or as a home for the care or rehabilitation of dependent or delinquent children, for the physically handicapped or disabled, or for those with mental illness or developmental disabilities. A Class I Type A group residential facility contains six or more residents, exclusive of staff. A Class I Type B group residential facility contains five or less residents, exclusive of staff.
   Class II:   Any state federal, or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional institutions; and residential rehabilitation centers for alcohol and drug abusers, provided that detoxification is expressly prohibited on such premises. A Class II Type A group residential facility contains six or more residents, exclusive of staff. A Class II Type B group residential facility contains five or less residents, exclusive of staff.
 
   (108)    "Hazardous wastes" means those substances which, singly or in combination pose a significant present or potential threat or hazard to human health or to the environment, and which, singly or in combination, require special handling, processing, or disposal, because they are or may be flammable, explosive, reactive, corrosive, toxic, infectious, carcinogenic, bioconcentrative, or persistent in nature, potentially lethal, or an irritant or strong sensitizer.
 
   (109)    "Historic area" means a district or zone designated by a local authority, state or federal government within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history, or because of their unique architectural style and scale, including materials, proportion, form and architectural detail, or because of their being a part of or related to a square, park, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical or architectural motives or purposes.
 
   (110)    "Home occupation" means an accessory use which is an activity, profession, occupation, service, craft, or revenue-enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling, and is conducted entirely within the dwelling unit without any significant adverse effect upon the surrounding neighborhood. Activities such as teaching, tutoring, tax consulting and the like shall involve not more than three receivers of such services at any one time, with the exception of certified or uncertified type B family day-care homes, which constitute a residential use and not an accessary use.
 
   (111)    "Hospital" means a building or portion thereof used for the accommodation of sick, injured or infirm persons, including sanitaria and sanitoria.
 
   (112)    "Hotel or motel and motor inn" mean building(s) in which lodging or boarding and lodging are provided and offered to the public for compensation. As such it is open to the public in contradistinction to a boarding house, rooming house, lodging house, or dormitory which is herein separately defined. These buildings do not include individual cooking on kitchen facilities.
 
   (113)    "Improvements" means any additions to the natural state of the land which increase its value or utility, including pavements, curbs, gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, landscaping and other appropriate facilities or plantings.
 
   (114)    "Industry" means the storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
   
   (115)    "Institution" means a building(s) and/or land designed to aid individuals in need of mental, therapeutic, rehabilitation counseling or other correctional services.
 
   (116)    "Inundation" means standing water or water in motion, of sufficient depth to damage property due to the mere presence of water or the disposition of silt.
 
   (117)   "Junkyard" means a place where waste and discarded or salvaged material is bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.
 
   (118)    "Kennel" means any lot or premise on which dogs, cats or other household pets are boarded, bred or exchanged for monetary compensation.
 
   (119)    "Kitchen" means any room in a building or dwelling unit which is used for cooking or the preparation of food.
 
   (120)    "Land Use Plan" means the long-range plan for the desirable use of land in the City as officially adopted and as amended from time to time by the Planning Commission, the purpose of such plan being, among other things, to serve as a guide in zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of the undeveloped land, and in the acquisition of rights of way or sites for public purposes such as streets, parks, schools and public buildings.
 
   (121)    "Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
 
   (122)    "Lot" means a parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of the Zoning Ordinance. A lot may or may not be specifically designated as such on public record.
 
   (123)    "Lot, corner" means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of the Zoning Ordinance if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
 
   (124)    "Lot, interior" means any lot other than a corner lot.
 
   (125)    "Lot, through" means any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of such lots adjacent to streets shall be considered frontal, and front yard setbacks shall be provided as required.
 
   (126)    "Lot, zoning" means a single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control.
   A zoning lot shall satisfy the Zoning Ordinance with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed with the County Recorder's Office, but may include one or more lots of record.
 
   (127)    "Lot area" means the total horizontal area with the lot lines of building including accessory buildings.
 
   (128)    "Lot coverage" means the part or percent of the lot occupied by a building including accessory buildings.
 
   (129)    "Lot depth" means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
 
   (130)   "Lot lines" means the lines bounding a lot as defined herein, and illustrated in Section 1103.03(e):
      A.    "Front lot line", in the case of an interior lot, means that line separating the lot from the street right-of-way line. In the case of a corner lot, or double frontage lot, is that line separating the lot from either street right-of-way line.
      B.    "Rear lot line"means that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.
      C.    "Side lot line" means any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
 
   (131)    "Lot of record" means a parcel of land, the dimensions of which are shown on a document, map or plate on file with the County Recorder's Office or in common use by Municipal or County Officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
 
   (132)    "Lot width" means the horizontal distance between the side lot lines, measured at the two points where the building line, or setback line intersects the side lot lines.
 
   (133)    "Lowest floor" means the lowest floor of the lowest enclosed area (including a cellar or basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor.
 
   (134)    "Main (principal) use" means the main or principal use to which the premises are devoted and the principal purpose for which the premises exist.
 
   (135)    "Maintenance and storage facilities" means land, buildings, and structures devoted primarily to the maintenance and storage of construction equipment and material.
 
   (136)    "Major thoroughfare" means an arterial street which is intended to serve as a large volume traffic way for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare parkway, freeway, expressway or equivalent term on the Major Thoroughfare Flan to identify those streets comprising the basic structure of the Major Thoroughfare Plan.
 
   (137)    "Major Thoroughfare Plan" means the comprehensive plan for the City, adopted by the City Planning Commission and indicating the general location of proposed freeways, arterials, collectors and local roadways within the corporate limits of the City and/or unincorporated areas within three miles thereof.
 
   (138)    "Manufactured home". See "Factory Built Housing."
 
   (139)    "Manufactured Home park" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent, as defined in Ohio R. C. 3733.01, over which the Public Health Council has exclusive rule making power.
 
   (140)    "Manufacturing, heavy" means manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.
 
   (141)    "Manufacturing, light" means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.
 
   (142)    "Manufacturing, extractive" means any mining, quarrying, excavating processing, storing, separating, cleaning or marketing of any mineral natural resource.
 
   (143)    "Master Plan" means the Comprehensive Community Plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the Municipality, and includes any unit or part of such plan, and any
amendment to such plan or parts thereof. Such plan may or may not be adopted by the Planning Commission and/or the Legislative Body.
 
   (144)    "Mezzanine" means an intermediate floor in any story occupying not to exceed one- third of the floor area of such story.
 
   (145)    "Mobile home" means any non-self-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of 4,500 pounds and an overall length of thirty feet, and not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974.
 
   (146)    "Mobile home, double-wide or triple-wide" means a mobile home consisting respectively of two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.
 
   (147)    "Mobile home, expandable" means a mobile home with one or more room sections that fold, collapse, or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.
   This category does not include the sub-assembly methods of construction know as pre-fab or pre-cut, in which cases some portion of the preparation or sub-assembly may be done at the factory but not erected until at the foundation site.
 
   (148)    "Mobile home park" means any site, or tract of land under single ownership, upon which two or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
 
   (149)    "Monuments" means permanent concrete or iron markers used to establish. definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
 
   (150)    "Motel." See "hotel or motel and motor inn."
 
   (151)    "Municipality" means the City of Bellefontaine, Ohio.
 
   (152)    "Net acre" means land area which excludes all street, utility and railroad rights of way and waterways.
 
   (153)    "New construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter.
 
   (154)    "Nonconforming use" means a building, structure or premises legally existing and/or used at the time of adoption of this Zoning Ordinance, or any amendment thereto, and which does not conform with the use regulations of the district in which it is located. Any such building, structure or premises conforming in respect to use but not in respect to height, area, yards or courts, or distance requirements from more restricted districts or uses, shall not be considered a nonconforming use.
 
   (155)    "Nonconformities" means lots, uses of land, structures, and uses of structures and land in combination lawfully existing at the time of enactment of this Ordinance or its amendments which do not conform to the regulations of the district or zone in which they are situated, and are therefore incompatible.
 
   (156)    "Nursery, plant materials" means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of nursery within the meaning of the Zoning Ordinance does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
 
   (157)    "Nuisance factors" means an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as: noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, passenger traffic, invasion of non-abutting street frontage by traffic.
 
   (158)    "Off-street parking lot" means a facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.
 
   (159)    "Offices" means quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses. Office business generally accommodates such occupations as administrative, professional, accounting, clerical, drafting, etc. Institutional offices of a charitable, philanthropic, financial or religious or educational nature are also included in this classification.
 
   (160)    "Open front store" means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "Open Front Store" shall not include automobile repair stations or automobile service stations.
 
   (161)    "Open spaces" means an area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included.
 
   (162)    "Overlay District" means a district described by the zoning map within which, through superimposition of a special designation, furthermore regulations and requirements apply in addition to those of the underlying districts to which such designation is added.
 
   (163)    "Out lot" means a lot included within the boundary of a recorded plot which has been set aside as a park or other land dedicated to public use or reserved to private use.
 
   (164)    "Owner" means any individual, firm, association, syndicate, co-partnership, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these Regulations.
 
   (165)    "Pad" means a building site prepared by artificial means, including grading, excavation or filling, or any combination thereof.
 
   (166)    Parking.
      A.   "Private parking area" means an open area for the same uses as a private garage.
      B.   "'Public parking area" means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
 
   (167)    "Parking space" means a permanently surfaced area of not less than 160 square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
 
   (168)    "Parking space, off-street" means for the purpose of this ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
 
   (169)    "Performance and maintenance bonds or other surety" means an agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdividers agreement and the maintenance between time of completion by developer and formal acceptance of dedication by Council or County Commissioners. Other surety may be a certified check or an approved letter of credit.
 
   (170)    "Personal services" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch and clock repair, barber shops, beauty shops and similar activities.
 
   (171)    "Planned unit development" means a large-scale development, in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre- planned environment under more flexible standard restrictions such as lot sizes and setback. The procedure for approval of such development contains requirements in addition to those of the standard subdivision. This procedure is specified in Chapter 1199.
      A.   "Plan" means the drawing on which the applicant's proposal for Planned Unit Development is presented to the City Planning Commission for approval and a recommendation to Council for final approval. This is not to be construed as the same as a "plat" as defined in the City's Subdivision Regulation.
      B.    "Preliminary development plan" means the preliminary plan drawing and supplementary information as required in Section 1199.08(b) on which the layout and design of a proposed Planned Unit Development is submitted to the City Planning Commission for consideration and approval in principle. This is not to be construed as the same as a "Preliminary Plat" as defined herein.
      C.    "Final development plan" means the final plan drawing and supplementary information as required in Section 1199.08(g) on which the applicant's plan is presented to the City Planning Commission for a recommendation to City Council for final approval. This is not to be construed as the same as a "final plat" as defined in the City's Subdivision Regulations.
 
   (172)    "Planned shopping center" means a single development consisting of 100,000 square feet or more of retail floor space.
 
   (173)    "Planning Commission" means the Planning Commission of Bellefontaine, Ohio.
 
   (174)    "Plat" means the map, drawing or chart on which the developer's plan of subdivision is presented to the City Planning Commission for approval and, after such approval, to the County Recorder for recording.
 
   (175)    "Plat, final" means the final map, drawing or chart, and supplementary information, based upon the approved preliminary plat, in which the subdivider's plan is presented to the City Planning Commission for approval and which, if approved, will be certified and submitted to the Recorder of Logan County.
 
   (176)    "Plat, preliminary" means the preliminary map, drawing or chart, and supplementary information on which the layout and design of a proposed subdivision are submitted to the City Planning Commission for consideration and tentative approval.
 
   (177)    "Printing and publishing" means any business which is engaged in the printing and/or publishing of newspapers, magazines, brochures, business cards and similar activities either for profit or non-profit.
 
   (178)    "Professional services" means any business engaged in an activity which does not include retail sales, repair or manufacturing and is normally conducted in an office. Such services may include an attorney, a doctor, a dentist, an accountant, a consultant and a designer.
 
   (179)    "Public service facility" means the erection, construction, alteration, operation or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
 
   (180)   "Public Uses' means public parks, schools, administrative and cultural buildings and structures, not include public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
 
   (181)    "Public utility" means a person, firm or corporation, municipal . department, board or commission duly authorized to furnish under Federal, State or Municipal regulations to the public gas, steam, electricity, sewage disposal, communication, telegraph, transportation, water, or storm sewer.
 
   (182)    "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway right-of-way, road, sidewalk, street, subway, tunnel viaduct, walk, bicycle path; or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
 
   (183)    "Quasi-public use" means churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
 
   (184)    "Recreation camp" means an area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
 
   (185)    "Recreation facilities" means public or private facilities that may be classified as either "extensive" or "intensive" depending upon scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land include, but need not be limited to hunting, fishing, and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums and bowling alleys.
 
   (186)    "Recreational vehicle" means a vehicle type unit primarily designed as temporary living quarters for recreational, camping, or travel use only, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, and motor home.
 
   (187)    "Recreational vehicle park" means a parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
 
   (188)    "Recreational vehicle site" means a plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.
 
   (189)    "Research activities" means research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detected outside of said building.
 
   (190)    "Residential social service facility" means a facility cr home whose primary purpose is to provide supervised room, board, and care in a residential setting to three or more residents thereof whose disabilities or status limit their ability to live independently, and secondarily for training, rehabilitation, and non-clinical services. These residents may be mentally retarded, released from State institutions, juvenile offenders, drug or alcoholic offenders, or wards of the court or welfare system. Such a facility excludes use as a clinic, nursery school, dormitory, or other similar use. Such facilities may include:
      A.   "Family home" means a " residential social service facility", licensed under Ohio R. C. 5123.19, that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than eight persons with developmental disabilities.
      B.    "Group home" means a "residential social service facility", licensed under Ohio R. C. 5123.19, that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine, but not more than sixteen persons with developmental disabilities.
 
   (191)    "Right of way" means the strip of land taken or dedicated for use as a public way. In addition to the roadway it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities and may include special features (required by the topography or treatment) as grade separation, landscaped areas, viaducts and bridges.
 
   (192)    "Roadside stand" means a temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located.
 
   (193)    "Roadway" means that portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways.
 
   (194)    "Room", for the purpose of determining lot area requirements and density in a multiple-family district, means a living room, dining room or bedroom, equal to at least seventy square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans present showing l, 2 or 3 bedroom units and including a "den", "library" or other extra room shall count such extra rooms as a bedroom for the purpose of computing density.
 
   (195)    "Sanitary landfill" means a land disposal site employing a method of disposing of solid wastes on land in a manner intended to minimize environmental hazards by spreading the solid wastes in thin layers, compacting the solid wastes to the smallest practical volume, and applying and compacting cover material daily.
 
   (196)    "Satellite signal receiver" means "dish-type satellite signal-receiving antennas", "Earth stations" or "ground stations", whether functioning as part of a basic service system, direct broadcast satellite system, or multipoint distribution service system, shall mean one, or a combination of two or more of the following:
      A.   A signal-receiving device such as a dish antenna whose purpose is to receive communications or signals from Earth-orbiting satellites or similar sources.
      B.   A low-noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer or transmit signals.
      C.   A coaxial cable whose purpose is to convey or transmit signals to a receiver.
 
   (197)    "School" means an institution of learning which offers instruction in the several branches of learning. The school may be public or private in nature as established under the statutes of the State of Ohio.
 
   (198)    "Seat" means for purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four lineal inches of benches, pews or space for loose chairs.
 
   (199)    "Setback" means a line established by the Zoning Code generally parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground, except as may be provided in such codes.
 
   (200)    "Sewers, central or group" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
 
   (201)    "Sewers, on-site" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
 
   (202)    "Shoulder" means the portion of the roadway continuous with the traveled way for the accommodations of stopped vehicles, for emergency use, and for lateral support of base and surface courses.
 
   (203)    "Sidewalk" means that portion of the road right of way, outside the roadway, which is improved for the use of pedestrian traffic.
 
   (204)    "Signs" mean any visual communication display, object, device, graphic, structure, or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote, an object, person, service, product, event, location, organization or the like, by means of letters, words, designs, colors, symbols, fixtures, images or illuminations.
 
   (205)    "Sign area" means the total exposed surface computed in square feet of the sign.
 
   (206)    "Sign, accessory" means a sign which is accessory to the principal use of the premises.
 
   (207)    "Sign, nonaccessory" means a sign which is not accessory to the principal use of the premises.
 
   (208)    "Sign, on-premises" means any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
 
   (209)    "Sign, off-premises" means any sign not related to the business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is displayed.
 
   (210)    "Sign, illuminated" means any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
 
   (211)    "Sign, lighting device" means any light; string of lights, or group of lights located or arranged so as to cast illumination on a sign.
 
   (212)    "Sign, projecting" means any sign which projects from the exterior of a building.
 
   (213)    "Solid wastes" means such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining or demolition operations, and slag and other substances which are not harmful or inimical to public health, and includes, but is not limited to, garbage, combustible and non- combustible material, street dirt, and debris. For purposes of this definition, "material from construction operations" and "material from demolition operators" are those items affixed to the structure being constructed or demolished, such as brick, stone, glass, wallboard, framing and finishing lumber, roofing materials, plumbing, plumbing fixtures, wiring and insulation material.
 
   (219)    "Special District" means a zoning district created to meet the needs of an area experiencing unusual problems, or one that is designed to meet special needs.
 
   (215)    "Stable, public" means a stable other than a private stable with a capacity for more than two horses, and carried on within an unplatted tract of land of not less than forty acres.
 
   (216)    "Stable, private" means a stable or building for the keeping of horses for the noncommercial use of the residents of the principal use and shall not include the keeping of horses for other or for commercial boarding of horses.
 
   (217)    "Start of construction" means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
 
   (218)    "Stick-built" means a way of describing any structure built from boards of lumber and other building materials, in which a substantial amount of the required material and construction labor are brought together in final form at the foundation site.
 
   (219)    "Story" means that part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than fifty percent (50%), by cubic content, is below the height level of the adjoining ground (see Basement).
 
   (220)    "Story, half" means an uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purposes of the Zoning Ordinance, the usable floor area is only that area having at least four feet clear height between floor and ceiling.
 
   (221)    "Story, first" means the lowest story or the ground story of any building, the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the first story.
 
   (222)    "Story, mezzanine" means a story which covers one- third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third cf the area of the story directly underneath the mezzanine story.
 
   (223)    "Street" means the full width of right-of-way between property lines, with a part thereof to be used for vehicular traffic and designated as follows:
      A.    "Arterial street" means a general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic usually on a continuous route.
      B.   "Collector street" means a thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
      C.    "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
      D.    "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
      E.    "Expressway" means a divided arterial highway (not a freeway) for through traffic with full or partial control of access, medians, at grade intersections, and some grade separation.
      F.    "Freeway" means a divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access.
      G.    "Local street" means a street primarily for providing access to residential or other abutting property.
      H.    "Loop street" means a type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from said arterial or collector street, nor normally more than 600 feet from each other.
      I.    "Marginal access street" means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street).
   The term "street" includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
 
   (224)    "Structure" means anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
 
   (225)    "Structural alteration" means any change in the structural members of a building, such as walls, columns, beams or girders.
 
   (226)    "Subdivider" means any individual, developer, firm, association, syndicate, co- partnership, corporation, trust or other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
 
   (227)    "Subdivision" means either:
      A.   The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres, for the purposes, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access and the sale or exchange or parcels between adjoining lot owners, where such sale or exchange does not create additional building sites shall be exempted; or,
      B.   The improvement of one or more parcels of land for residential commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; and/or the division or allocation of land as open spaces for common use by owners, occupants or leaseholders or the division or allocation of land as easements for the extension and maintenance of public sewer, water or storm drainage facilities or other public facilities.
 
   (228)    "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the appraised market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
 
   (229)    "Supply yards" means a commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
 
   (230)    "Surveyor" means any person registered to practice surveying as defined by the Surveyor's Registration Act of the State.
 
   (231)   "Swimming pool" means a pool, pond, lake, or open tank containing at least thirty inches of water at any point and maintained by the owner or manager.
      A.    "Private swimming pool": Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multifamily development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
      B.    "Community swimming pool": Operated with a charge for admission; a primary use.
 
   (232)    "Temporary use or building"means a use or building permitted by the Board of Appeals to exist during periods of construction of the rain building or use, or for special events.
 
   (233)    "Tourist home" means a building or part thereof, other than hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients (i.e., bed and breakfast).
 
   (234)    "Toxic or hazardous material" means any substance or mixture by physical characteristic such as flammability, corrosivity, toxicity, reactivity, or infectious characteristics as to pose, a significant or potential hazard to water supplies or human health if such substances were discharged to land or waters of the community or township.
 
   (235)    "Trailer including automobile trailer and trailer coach" means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade or occupation, or use as a selling or advertising device or use for storage or conveyance for tools, equipment, or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
 
   (236)    "Trailer camp" means any lot or part thereof, cr any parce1 cf land, which is used or offered as a location for two or more trailers used for any purposes set forth in subsection (235) above.
 
   (237)    "Transport terminals" means any business, structure or premises which primarily receives or distributes goods.
 
   (238)    "Use" means the principle purpose for which land or a building or structure is arranged, designed or intended or for which either land or a building or structure is, or may be, occupied or maintained.
 
   (239)    "Use first permitted in "X" District" means a use which in the sequence of successively less restricted districts occurs a permitted use for the first time in the "X" district.
 
   (240)    "Veterinary anima1 hospital or clinic" means a place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
 
   (241)    "Vicinity map" means a drawing at a reduced scale located on the preliminary plat which shows legibly, by dimension and/or other means, enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision within the City.
 
   (242)    "Wading pool" means any structure for the retention of water to be used for bathing and recreational purposes which does not exceed thirty inches in depth.
 
   (243)    "Walkway" means a public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
 
   (244)   "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
 
   (245)    "Wholesale and warehouse" means business establishments that generally store and sell commodities in large quantities or by the price to retailers, jobbers, other wholesale establishments or manufacturing establishments.
 
   (246)   "Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. See Section 1103.03(f) for more detail.
      A.    "Yard, front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
      B.    "Yard, rear" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
      C.    "Yard, side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
 
   (247)    "Zero lot line development" means an arrangement of housing on adjoining lots in which the required side yard is reduced on one side and increased on the other so that the sum of the offsets on any lot is no less than the sum of the required offsets. No building or structure shall be closer to a lot line than five feet unless it abuts the lot line and is provided with an access easement of five feet on the adjoining lot or abuts a building or structure on the adjoining lot. The offset adjacent to property not included in the zero lot line development or a street shall not be less than that required in the zoning district.
 
   (248)   " Zoning exception and variance.
      A.    Exception: An exception is a use permitted only after review of an application by the Board of Appeals or Commission other than the Administrative Official (Building Inspector), such review being necessary because the provisions of the Zoning Ordinance covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review is required by the Zoning Ordinance.
      B.    Variance: A modification of the literal provisions of the Zoning Ordinance granted when strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.
The crucial points of variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case.
      C.    The "Exception" differs from the "Variance" in several respects. An exception does not require "undue hardship" in order to be allowable. The exceptions that are found in the Zoning Ordinance appear as "special approval" by Planning Commission, Council, or Board of Appeals. These land uses could not be conveniently allocated to one zone or another, or the affects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:
         1.    They require large areas;
          2.    They are infrequent;
         3.    The sometimes create an unusual amount of traffic;
         4.    They are sometimes obnoxious or hazardous;
         5.    They are required for public safety and convenience.
 
   (249)    "Zoning Inspector" means the City Engineer or an authorized representative, appointed as such by the Mayor.
   
   (250)    "Zoning Map" means the most recent effective Zoning Map of the City cf Bellefontaine, together with all amendments subsequently adopted.
 
   (251)    "Zoning ordinance" means Ordinance No. as may be amended, comprising Chapters 1101 through 1199 of this Planning and Zoning Code.
 
   (252)    "Zoning Certificate" means a document issued by the Zoning Inspector authorizing the occupancy or use of a building or structure or the actual use of lots or land in accordance with the previously issued Zoning Permit.
 
   (253)    "Zoning Permit" means a documented issued by the zoning inspector authorizing the use of lots, structures, and the characteristics of the uses.
 

1103.03 ILLUSTRATIONS.

(a)    Basement & Cellar          (d)    Floor Area
(b)    Building height          (e)    Lots
(c)    Building line             (f)    Yards
 
BASEMENT AND CELLAR
 
 
 
 
BUILDING HEIGHT
 
 
 
 
BUILDING LINE
 
 
 
 
FLOOR AREA
 
 
 
 
INTERIOR, THROUGH AND CORNER LOTS
 
 
 
 
YARDS
 
 
 
 
 

1105.01 TITLE.

   This chapter shall be known and may be cited and referred to as the "Subdivision Regulations of the City of Bellefontaine, Ohio," and shall hereinafter be referred to as "these Regulations."

1105.02 ADMINISTRATION.

   This chapter shall be administered by the City Planning Commission.

1105.03 COMPLIANCE.

   All subdivisions of land as defined herein; whether by instrument of conveyance or otherwise, shall comply with these Subdivision Regulations and shall be platted in accordance herewith.

1105.04 MINOR SUBDIVISIONS (LOT SPLITS).

   Approval without a plat of a minor subdivision may be granted by the City Planning Commission in cooperation with the Regional Planning Commission if the proposed division of a parcel of land meets all of the following conditions:
   (a)   The proposed subdivision is located along an existing public street or road and involves no opening, widening or extension of any street or road.
   (b)   No more than five lots are involved after the original parcel has been completely subdivided.
   (c)   The proposed subdivision is not contrary to applicable subdivisions or zoning regulations.
   (d)   The property has been surveyed and a sketch and legal description of the property is submitted with the application.
   If approval is given under these provisions, the designated representative of the City Planning Commission shall, within seven working days after submission, approve such proposed divisions, and upon presentation of a conveyance for such parcel, shall stamp "Approved by the City of Bellefontaine Planning Commission; no plat required," and the designated representative of the Commission shall sign the conveyance.
 

1105.05 PREAPPLICATION MEETING REQUIRED.

   The subdivider shall meet with the City Planning Commission or its designated representative prior to submitting the preliminary plat. The purpose of this meeting is to discuss early and informally the purpose and effect of this chapter and the criteria and standards contained therein, and to familiarize the developer with the comprehensive plan, the major thoroughfare plan, the parks and public open space plan, the zoning regulations and the drainage,
sewerage and water systems for the City.
 

1105.06 PREAPPLICATION SKETCH CONTENT.

   The subdivider shall submit to the City Planning Commission a sketch plan, legibly drawn at a suitable scale and containing the proposed name of the subdivision, its location, its north point, a vicinity map, the boundaries of the subdivision and its acreage, the existing and proposed streets, the lot layout and the existing natural and man-made features, such as soil types, vegetation, general topography, existing easements, and service facilities.
 

1105.07 PRELIMINARY PLAT REQUIRED.

   After the preapplication stage, the subdivider shall submit a preliminary plat of the proposed subdivision, which shall conform with the requirements set forth in Sections 1105.09 through 1105.14 .
 

1105.08 APPLICATION FOR PRELIMINARY PLAT APPROVAL.

    An application, in writing, for the approval of the preliminary plat, together with a minimum of eight copies of the preliminary plat and the supplementary information specified in Sections 1105.09 through 1105.14 , shall be submitted to the City Planning Commission's designated representative at least fourteen days and not more than thirty days prior to the meeting of the Commission at which action is requested. The preliminary plat shall be prepared by a registered surveyor, and the supplementary information shall be prepared by a registered engineer.
 

1105.09 PRELIMINARY PLAT FORM.

   The preliminary plat shall be drawn at a scale of not less than one inch equals 100 feet and shall be one or more sheets twenty-four by thirty-six inches in size.
 

1105.10 PLAT CONTENTS.

   The preliminary plat shall contain the following information:
   (a)   The proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the City or County;
   (b)   The location by section, range and township or Virginia Military Survey (VMS);
   (c)   The name and addresses of the owner, subdivider, the professional surveyor who prepared the plat and the name and address of the engineer who supplied the supplementary information;
   (d)    The date of the survey;
   (e)    The scale of the plat, the north point and the date;
    (f)    The boundaries of the subdivision and its acreage;
   (g)   The names of adjacent subdivisions, the owners of record of adjoining parcels of unsubdivided land and the location of their boundary lines;
   (h)   The locations, widths and names of existing streets; the railroad rights of way if any; the easements; the parks; the permanent buildings; the corporation and township lines; and the location of wooded areas and other significant natural items;
   (i)   The zoning-classification of the tract and adjoining properties;
   (j)   The existing contours at an interval of not greater than two feet if the slope of the ground is fifteen percent (155) or less; and not greater than five feet where the slope is more than fifteen percent (15%).
   (k)   The existing sewers, water mains, culverts and other underground structures and the power transmission poles and lines, within and adjacent to the tract;
   (l)   The layout, names and widths of the proposed streets and easements;
    (m)    The building setback lines with dimensions;
   (n)   The layout and dimensions of all proposed utility and sewer lines, showing their connections with the existing systems shall be taken from the supplementary information prepared by the engineer;
   (o)   The layout, numbers and approximated dimensions of each lot. When lots are located on a curve or when side lot lines are not at ninety degree angles, the width at the property line shall be shown;
   (p)   The parcels of land to be reserved for public use or to be reserved by covenant for residents of the subdivision; and
   (q)   A vicinity map at a scale of not more than 600 feet to an inch, which shall be shown on, or accompany, the preliminary plat. This map shall show all existing subdivisions, roads and tract lines, together with the names of the owners of the land immediately adjoining the proposed subdivision and between it and the nearest existing thoroughfares. It shall also show the most advantageous connections between the roads in the proposed subdivision and those of the neighboring areas.
 

1105.11 SUPPLEMENTARY INFORMATION.

   The following information shall be supplied in addition to the requirements of Section 1105.10 :
   (a)   A statement of the proposed use of the lots, giving the type and number of dwelling units and the type of business or industry;
   (b)   A description of the proposed covenants and restrictions;
   (c)   A description of the proposed zoning changes;
   (d)   Typical sections and tentative profiles of streets and other related improvement. as required in Chapter 1109, shall be at a scale suitable for review as determined by the City Engineer;
   (e)   A preliminary drainage plan shall be submitted which shall contain adequate measures for control of erosion, siltation and surface water management.
   A letter which shall accompany the request for approval of the preliminary plat in which the subdivider shall state the type of sewage treatment disposal he proposes to use. If other than a treatment plant, such letter shall be accompanied by a letter from the County Health office or the Ohio Environmental Protection Agency, whichever is appropriate, stating what type of sewage disposal will be approved for the soil conditions encountered in the area of the proposed subdivision. A central sewage treatment plant and a central water system shall be constructed by the subdivider when deemed necessary by the City Planning Commission or other appropriate agency.
 

1105.12 FILING.

   The preliminary plat shall be considered official filed on the day on which it is accepted for processing by the City Planning Commission's designated representative and shall be so dated. A filing fee shall be charged in accordance with the schedule established by Council.

1105.13 PUBLIC HEARING.

   The City Planning Commission, may upon ita own initiative or upon petition by a resident or neighboring property owner, shall, prior to acting on a preliminary plat of a subdivision, hold a public hearing thereon at such time and upon such notice as the Commission may designate.
 

1105.14 APPROVAL OF PRELIMINARY PLAT.

   The City Planning Commission's designated representative shall forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendations. These shall include, at least, the City Engineer and the Logan soil and Water Conservation District. After the receipt of reports from such officials and agencies, the City Planning Commission shall determine whether the preliminary plat shall be approved, approved with modifications or disapproved. If a plat is disapproved, the reasons for such disapproval shall be stated in writing. The Commission shall act on the preliminary plat within thirty days after filing, unless such time is extended by agreement with the subdivider. When a preliminary plat has been approved by the Commission, the Chairman shall sign all copies and return one to the subdivider for compliance with final approval requirements. Approval of the preliminary plat shall not constitute approval of the final plat.
 

1105.15 CONSTRUCTION AND UTILITY PLAN REQUIREMENTS.

   Based on the preliminary plat and the required changes relating thereto, if any, the subdivider shall cause to be prepared a complete set of drawings and specifications of construction and utility plans by a registered professional engineer. All typical sections and major engineering details to be used on any particular street shall be approved in advance by the City Engineer before completion of the plans or commencement of construction. Also, see Section 1109.
 

1105.16 APPROVAL PERIOD.

   The approval of the preliminary plat shall be effective for a maximum period of twelve months unless an extension is requested in writing by the subdivider and granted in writing by the Planning Commission and shall guarantee that the terms under which the approval was granted will not be affected by changes to these Regulations.
 

1105.17 FINAL PLAT REQUIRED.

   The subdivider, having received approval of the preliminary plat of the proposed subdivision and approval of all improvements thereon, shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. The final plat will have incorporated all changes in the preliminary plat required by the City Planning Commission. Otherwise, it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time.
 

1105.18 APPLICATION FOR FINAL PLAT APPROVAL.

   An application for approval of the final plat shall be submitted on forms provided by the City Planning Commission, together with a minimum of eight copies of the plat and the supplementary information specified, shall be submitted to the City Planning Commission's designated representative at least fourteen days and not more than thirty days prior to the meeting of the Commission at which action is requested. The final plat shall be prepared by a registered surveyor and the supplementary information shall be prepared by a registered engineer.
 

1105.19 IMPROVEMENT REGULATIONS.

   The final plat shall be accompanied by a set of construction plans as required in Section 1105.15. Prior to the granting of approval of the final plat, the subdivider shall have installed the minimum required improvements or shall have furnished a performance bond, certified check or letter of credit, to the City for the amount of the estimated construction cost of the ultimate installation and initial maintenance of the improvements. Before the bond, certified check or letter of credit is accepted, it shall be approved by the City Safety-Service Director and his legal counsel. The term of the bond, certified check or letter of credit shall extend twelve months beyond the completion date of the project unless released prior thereto by the appropriate officials. A completion date shall be established by the subdivider and approved by the appropriate officials. The period of time stipulated by the City Planning Commission to make final plat improvements shall not exceed two years from the date of the final plat approval unless an extension is requested in writing by the subdivider and granted in writing by the City Planning Commission.
 

1105.20 FINAL PLAT FORM.

   The final plat shall be legibly drawn in India ink on tracing cloth or other material of equal permanence. It shall be drawn at a scale of not less than one inch equal 100 feet and shall be on one or more sheets twenty-four by thirty-six inches in size. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown.
 

1105.21 FINAL PLAT CONTENTS.

   The final plat shall contain the following information:
   (a)   The name of the subdivision, the location by section, range and township, or by V.M.S. number, the date, the north point, the graphic or bar scale and acreage;
   (b)   The names and addresses of the subdivider and the surveyor who prepared the final plat;
   (c)   The plat boundaries, based on accurate traverse, with angular and lineal dimensions. The survey must close;
   (d)   The bearings and distances to the nearest established street lines or other recognized permanent monuments;
   (e)   The parcel or lot numbers effected and the associated acreage of each parcel or lot shall be reflected on the final plat, including the nonplatted acreage of a parcel.
   (f)   The exact locations, right-of-way widths and names of all streets within and adjoining the plat and building setback lines;
   (g)   The radii, internal angles, points of curvatures, tangent bearings, lengths of arcs and lengths of bearings of chords;
   (h)   All easements and rights of way provided for public services or utilities. All plats shall contain a restriction that no structures or plantings, etc., will be permitted in the easement area;
   (i)   All lot numbers and lines with accurate dimensions in feet and hundredths. House numbers shall be shown for those in the City;
   (j)   An accurate location and description of all monuments;
   (k)   Accurate outlines of areas to be dedicated or reserved for public use or any area to be reserved for common use for all property owners;
   (l)   A list of any restrictions and covenants the subdivider intends to include in the deeds to the lots in the subdivision;
   (m)   Certification by a registered surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon exist as located and that all dimensional details are correct; and that the location of and a description of all monuments and pins as specified, have been set in accordance with Section 1109.07 .
   (n)   Notarized certification by the owner or owners of the adoption of the plat and the dedication of the streets, and other public areas.
 

1105.22 SUPPLEMENTARY INFORMATION.

   The following information shall be supplied in addition to the requirements of Section 1105.21:
   (a)   If a zoning change is involved, certification from the appropriate zoning official shall be required indicating that the change has been approved and is in effect.
   (b)   Certification shall be required showing that all required improvements have been either installed and approved by the proper officials or agencies, or that a bond or other security has been furnished assuring installation of the required improvements.
 

1105.23 FILING.

   The final plat original tracings shall be filed with the City Planning Commission not later than twelve months after the date of approval of the preliminary plat; otherwise it will be considered void unless an extension is requested by the developer and granted in writing by the Commission. A copy of the final plat thus filed shall be transmitted to the City Engineer. If found to be in full compliance with the formal provisions of this chapter, the engineer will return such plat to the Commission, together with certification of approval.
 

1105.24 APPROVAL OF FINAL PLAT.

   The City Planning Commission shall approve or disapprove the final plat within thirty days after it has been filed. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission, and a copy of such record shall be forwarded to the subdivider. The subdivider shall make the necessary corrections and resubmit the final plat within thirty days to the Commission for its final approval.
 

1105.25 TRANSMITTAL OF ORIGINAL TRACINGS COPIES.

   When the final plat has been approved by the City Planning Commission and proposed dedications have been accepted by Council or the Board of County Commissioners, the original tracings shall be returned to the subdivider for filing with the County Recorder. After filing, the tracings shall become the property of the City or County Engineer, as he case may be.
 

1105.26 PLAT RECORDING.

   (a)   Recording of Plat. No plat of any subdivision shall be recorded by the County Recorder of Logan County or have any validity until such plat has received final approval in the manner prescribed in these Regulations.
   (b)   Revision of Plat After Approval. No change, erasure, modification or revision shall be made in any plat of a subdivision after approval has been given by the City Planning Commission and endorsed in writing on the plat unless such plat is first submitted to the Commission.
   (c)   Sale of Land Within Subdivisions. No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to or exhibition or use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in this chapter. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of this chapter.
 

1105.27 SCHEDULE OF FEES, CHARGES AND EXPENSES.

   The following fees shall apply to these Subdivision Regulations:
Preliminary plat filing
$100.00 plus 1.00/lot
Construction Drawings and Inspections:
 
Streets, curbs, paving, etc.
40.00/100 lineal feet
Drainage
20.00/gross acre
Sanitary Sewer
12.00/100 lineal feet
Water Main
8.00/100 lineal feet
Final Plat Filing
100.00/plus 1.00/lot
Park Dedication Fee
400.00 per acre
 

1105.28 REQUIRED STATEMENTS AND SIGNATURES.

   (a)    The following statements shall be affixed on the subdivision plat:
 
 
DEDICATION
   KNOW ALL MEN BY THESE PRESENTS, that                                               and , proprietors of the land indicated on the accompanying plat, have authorized the platting thereof and do hereby dedicate the (streets, roads, parks) to the (public or private) use forever.
   Said buffer lot "A" is dedicated conditionally until such time as the adjacent land is subdivided and a part thereof is dedicated for the purpose of extending the public right-of-way hereon shown.
                                                                     
                                                                     
Witnesses               Proprietors
STATE OF OHIO
ss:
LOGAN COUNTY
Before me, a Notary Public in and for said County, personally came                                     ,
who acknowledge the signing of the foregoing instrument to be their voluntary act and deed for the uses and purposes therein expressed.
   IN WITNESS WHEREOF, I have hereunto set may hand and affixed my official seal
this                      day of                         , 19       .
                                               
   Notary Public
 
 
SURVEYOR'S CERTIFICATE
   The accompanying plat represents a subdivision of land in (S.T.R. or V.M.S.  No.),                               Township, City of Bellefontaine, Logan County, Ohio. The tract has an area of                    acres in streets and                      acres in lots, making a total of                      acres.
   All measurements are in feet and decimals of a foot. All measurements on curves are (chord or arc) distances.
   I hereby certify that the accompanying plat is a correct representation of (Subdivision Name) as surveyed (date) and that all monuments and iron pins as shown hereon have been set.
                                                             
            Registered Surveyor #                     
   The following paragraph shall be placed on the final plat if streets, roads, parks, etc., are dedicated to the public use:
   "The within (streets, parks, etc.) are hereby approved and accepted for public maintenance by Ordinance (Resolution) No.                       recorded in City Council's record book                      on this                 day of                                , 19          . "
                                           
Mayor
                                           
President, Bellefontaine City Council
                                           
Clerk of City Council
   (b)    The following approval and recording schedule shall be placed on the final plat:
 
Approved this           day of            , 19          ,                                  
                      Bellefontaine
                      City Engineer
Approved this             day of                , 19 ,                               
                     Chairman, City
                     Planning Commission
Transferred this                   day of                      , 19         ,                 
                         Logan County
                         Auditor
Filed for record this                   day of             , 19            , at     _m.
Recorded this          day of           , 19          in Plat Cabinet ,
Slide .
                                                              
                     Logan County Recorder

1105.29 PERFORMANCE AND MAINTENANCE BONDS.

   (a)   Performance bonds or other surety such as a certified check or letter of credit, may be required to assure the proper authorities that completion of minimum improvements will be made and that the improvements are in conformance with the standards established in these Regulations. The City Service-Safety Director, shall secure approval as to the form, sufficiency and execution of the surety from their appropriate legal counsel. The surety shall not be released until the City Engineer has certified satisfactory completion of all required minimum improvements and the dedication of land and facilities for public use has been submitted to Council. Reduction of the surety may be made, on a prorated basis, for portions that have received the engineer's certification for meeting minimum requirements and have been dedicated for public use. In no event shall a surety be reduced below twenty percent (20%) of the principal amount.
   (b)   Maintenance bonds or other surety shall be required by the City Planning Commission to assure maintenance of all improvements in the subdivision by the developer, until dedication of such improvements are formally accepted by Council. The amount of the surety shall be determined by the City Engineer and be submitted and approved in the same manner as performance bonds or other sureties. The developer shall provide for the upkeep and maintenance of all improvements, including snow removal. If there are certificates of occupancy on any street, which dedication has not been accepted, the City, may on twelve hours notice plow the street or effect emergency repairs for any improvement and charge same to developer. The maintenance surety shall be submitted for a period of at least one year after the completion of the improvements and offer of dedication for public use is made, and shall not be required longer than two years.

1105.30 VARIANCES.

   The following regulations shall govern the granting of variances:
   (a)   Where the City Planning Commission finds that extraordinary and unnecessary hardship may result from strict compliance with these Regulations due to exceptional topographic or other physical conditions, it may vary the regulation so as to relieve such hardship, provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these Regulations, or the desirable development of the neighborhood and co unity. Such variations shall not have the effect of nullifying the intent and purpose of this chapter, the master plan or the Zoning Code.
   (b)   In granting the variances or modifications, the City Planning Commission may require such conditions as will, in its judgment, secure substantially the objective of the standards of requirements so varied or modified.

1105.31 APPEAL.

   Any person who believes he has been aggrieved by these Regulations or the action of the City Planning Commission has all the rights of appeal as set forth in Ohio R.C. 711.09 or any other applicable section of the Ohio Revised Code.

1105.32 JURISDICTION.

   This Ordinance shall be applicable to all subdivisions of land within the City. The City Planning Commission shall have the power of final approval of the plats.

1105.33 RELATION TO OTHER LAWS.

   The provisions of this Ordinance shall supplement any and all laws of the State, ordinances of the City and rules and regulations promulgated under authority of such laws or ordinances related to the purpose and scope of these Regulations. Whenever the requirements of these Regulations are at variance with the requirements of any other lawfully adopted rule, regulation, resolution or ordinance, the most restrictive or that imposing the higher standard shall govern.

1105.34 AMENDMENTS.

   This chapter may be amended as required and specified in the appropriate sections of the Ohio Revised Code.

1105.35 SEPARABILITY.

   If, for any reason, any clause, sentence, paragraph, section or other part of this chapter should be decided by a court of competent jurisdiction to be invalid, such judgement shall not affect the validity of these Regulations as a whole, or any part thereof, other than the Fart so held to be invalid.

1107.01 PURPOSE.

   The regulations contained herein shall control the manner in which streets, lots and other elements of a subdivision are arranged on the land. These design controls will help insure convenient and safe streets, creation of usable lots, provision of space for public utilities and reservation of land for recreational uses. The planning of attractive and functional neighborhoods shall be promoted, minimizing the undesirable features of unplanned, haphazard growth.
 

1107.02 CONFORMITY TO DEVELOPMENT PLANS.

   The arrangement, character, width and location of all primary and secondary streets or roads shall conform with the City's Major Thoroughfare Plan. Streets or roads not contained in the aforementioned Plan shall conform to the recommendation of the City Planning Commission based upon the design standards set forth herein. In addition, no final plat of land within the area in which an existing resolution or ordinance is in effect shall be approved unless it conforms with such resolution or ordinance.

1107.03 PHYSICAL CONSIDERATIONS.

   (a)   Natural Land Use. Subdivisions should be planned to take advantage of the topography of the land to economize in the construction of drainage facilities, to reduce the amount of grading, and to minimize destruction of trees and topsoil.
   (b)   Land Suitability. If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, inadequate drainage, soil and rock formations with severe limitations for development, susceptibility to mud slides or earth slides, severe erosion potential, unfavorable topography, inadequate harmful to the health, safety or welfare of the future residents of the proposed subdivision or community; and if from investigations conduced by the public agencies concerned, it is determined that in the best interests of the public the land should not be developed for the purposed of the proposed, the Planning Commission shall not approve the land for subdivision unless adequate methods are advanced by the subdivider for solving the problem that will be created by the development of the land.

1107.04 STREET DESIGN.

   The arrangement, character, extent, width, grade and location of all streets shall conform to the Major Thoroughfare Plan of the City or subsequent amendments thereof and shall be considered in their relation to existing and planned streets, topographical conditions and public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such streets. The subdivider shall provide within the boundaries of the subdivision plat the necessary right of way for the widening, continuance or alignment of such streets in conformity with the Major Thoroughfare Plan.
   (a)   General Street Standards.
      (l)   The arrangement, character, extent and location of all streets conform to the adopted General Development Plan. The design of proposed streets shall provide for both the continuation of existing streets and access to adjacent unplatted lands so that the entire area can be served with a coordinated street system.
      (2)   Existing or projected collector streets in adjoining areas shall be continued in new subdivisions and local residential streets shall be continued to prevent dead-end streets.
      (3)   No street arrangement shall be approved that prevents convenient future access to adjoining undeveloped property.
      (4)   Local residential streets shall be designed so as not to offer direct routes to through traffic.
      (5)   Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require marginal access streets, reverse frontage with screen planting contained in nonaccess reservation along the rear property line, deep lots with rear service alleys or other such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
      (6)   Where a subdivision borders on or contains a railroad right of way or limited access highway right of way, the Planning Commission may require a street parallel to and on each side of such right of way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separation.
   (b)    Horizontal Alignment. The radius of curvature on the centerline of streets shall not be less than the following:
 
Street Classification
Minimum Radius of Curvature
Arterial
500 (feet)
Collector
300
Local
150
When there is an angle of deflection of more than one degree between the centerline tangent sections of a street, a curve of adequate radius shall connect them. Between reverse curves, a minimum tangent of 100 feet shall be introduced. Minimum horizontal visibility, measured on the centerline, shall be:
 
Street Classification
Minimum Horizontal Viability (feet)
Arterial
500
Collector
300
Local
150
   (c)    Vertical Alignment. All changes of grade shall be connected by vertical curves of a minimum length in feet equal to ten times the algebraic difference in the rate of grade for arterials and industrial streets; for collector and local streets, fifteen times. Minimum vertical visibility shall conform to the Ohio Department of Transportation's regulations in effect on the date of the approval of the preliminary plat.
   (d)   Right-of-way and Pavement Widths. The street right- of-way widths and traveled pavement width exclusive of curb and or curb and gutter shall not be less than the following:
 
Street
Classification
Right-of-way
Width (Feet)
Pavement Width (Feet)
Low & Medium Density
(R-1 & R-2)
High Density
(R-3 & Non-
Residential)
Arterial Street
80*
48
48
Collector
60*
36
36
Local
60
26
36
*Consider as minimum. To be adjusted upward in accordance with traffic needs. Where there are unusual topographical or other physical conditions, the City Planning Commission may require greater widths for rights-of-way and pavements for local streets.
** “Low, Medium and High Density Residential" refers to R-1, R-2, and R-3 Zoning Districts respectively as defined in the City's Zoning Ordinance. "Non--Residential" refers to all other districts in the Zoning Ordinance.
   (e)   Street Grades.    Street grades shall not exceed the following:
 
Street Classification
Grade (percent)
Arterial
6
Collector
8
Local
8
No street grade shall be less than six tenths of one percent without specific approval of the City or County Engineer, and in no case shall a street grade be more than three percent within 100 feet of an intersection.
   (f)   Special Street Types. The following requirements shall apply to special street types:
      (l)   Cul-de-sac streets shall not exceed 600 feet in length and shall not be less than 160 feet in length measured from the right-of-way line at the intersection to the center of the paved turn around. The closed end shall be a paved turn around having a minimum radius of forty feet to the outer pavement edge and a radius of fifty feet to the right-of-way line. the pavement shall cover all the area within the outer pavement edge.
      (2)   Permanent dead-end streets shall not be permitted. Temporary dead-end streets shall be permitted only as part of a continuing street plan and only if a temporary turnaround satisfactory to the Commission in design, maintenance and removal is provided. Dead-end streets longer than 200 feet shall not be permitted.
      (3)   Dedication of new half-streets shall not be permitted. Where a dedicated or platted half- street exists adjacent to the tract being subdivided, the other half shall be platted.
      (4)   Where a subdivision adjoins an arterial street, a marginal access street may be required to control access to the arterial from lots fronting on it. Access is controlled in the interest of public safety and to maintain the design capacity of the street system. Points of access to the arterial shall be spaced at a minimum of 1,320 feet.
   A planting strip having a minimum width of twenty feet shall be provided between the pavement of the arterial street and the pavement of the marginal access street. The minimum width of the marginal access right of way shall be thirty feet.
      (5)   Alleys shall not be approved in residential districts except where justified by extreme conditions. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate service access. When required, alleys shall have a minimum right-of-way width of twenty feet and a pavement width of twenty feet.
   (g)   Street Intersections. the following regulations shall govern the design and layout of street intersections:
      (l)   Streets shall be designed to intersect at approximately ninety degrees. Streets shall remain in the right angle of intersection for 100 feet beyond the point of intersection.
      (2)   Where a proposed subdivision abuts or contains an existing or proposed arterial street, the number of intersections with the arterial shall be kept to a minimum and shall not be located less than 1,320 feet apart, measured from center line to center line. Intersections of collector streets with collector streets shall not be located less than 200 feet apart. Intersections of any streets with arterial streets shall be located not less than 1,320 feet apart.
      (3)   Multiple intersections involving junctions of more than two streets shall be avoided.
      (4)   Four-way intersections of local streets should be avoided where possible and three-way or T- intersections should be encouraged whenever possible.
      (5)   The minimum pavement radius at intersections and the minimum right-of- way radius shall be twenty- five feet.
   (h)   Streets for Commercial Subdivisions. Streets serving business developments and accessory parking areas shall be planned to connect with arterial streets so as not to generate traffic on local streets. The intersections of driveways from parking areas with arterial or collector streets shall be 1Qcated so as to cause the least possible interference with traffic movement on the streets; shall be located not less than 100 feet from the interaction of an arterial or collector street with any other street; and shall be spaced not less than 200 feet from each other.
The Commission may require marginal access streets to provide maximum safety and convenience.
   (i)   Streets for Industrial Subdivisions. Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed onto any residential streets. The intersections of service streets from parking areas with arterial or collector streets shall be not less than 100 feet from the intersection of the arterial or collector streets and shall be not less than 100 feet from the intersection of the arterial or collector street with any other street. Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry except for severe physical conditions or if the Commission finds such extension is not in accord with the approved plan of the area.

1107.05 BLOCK DESIGN.

   (a)   Blocks. The following regulations shall govern the design and layout of blocks:
      (l)   The arrangement of blocks shall be such as to conform to the street planning criteria set forth above and shall be arranged to accommodate lots and building sites of the size and character required for the district as set forth in this chapter or in the Zoning Code and to provide for the required community facilities.
      (2)   Irregularly shaped blocks, those intended for cur-de-sacs or loop streets and those containing interior parks or playgrounds shall be approved by the Commission when properly designed and located and when the maintenance of interior public spaces is covered by agreements.
      (3)   No block shall be longer than 1,500 feet or less than 500 feet.
      (4)   Where blocks are over 900 feet in length, a crosswalk easement not less than ten feet in width at or near the halfway point may be required, if necessary, to provide proper access to schools, recreational areas, shopping centers and other facilities.

1107.06 LOTS.

   The following regulations shall govern the design and layout of lots:
   (l)   The lot arrangement and design shall be such that all lots shall provide satisfactory building sits, properly related to topography and the character of the surrounding development.
   (2)   All lots within the city shall conform to or exceed the zoning district requirements in which they are located and the use for which they are intended.
   (3)   All side lot lines shall be at approximate right angles to street lines and radial to curved street lines except where the Commission determines that a variation to this rule would provide a better layout.
   (4)   Lots with double frontage shall be avoided except, where the Commission determines that it is essential to provide separation of residential development from arterial streets.
   (5)   No corner lot shall have a width at the building line of less than seventy feet.
   (6)   Each lot shall abut on a public street and narrow reserve strips of land which are intended by the owner of a plat to prevent access to streets or the extension of sewer, water or storm drain lines from one plat to another are prohibited. Buffer lots are permitted. See definitions.
   (7)   No lots shall be formed or building permitted at the closed end of a temporary or stub-end street which would tend to prevent the appropriate extension of such road or street into an adjoining territory.

1107.07 EASEMENTS.

   Easements at least twelve feet in width along the rear lot line and ten feet in width centered along the side lot lines shall be provided where necessary for sanitary sewers, gas mains, water mains, electric lines and storm sewer. Easements shall also be provided as required by the City Planning Commission along every watercourse, drainage channel or stream within a subdivision.
All plats shall contain a restriction requiring that no structure, planting, etc. will be permitted in the easement area.

1107.08 INSTALLATION OF UTILITIES.

   All the following utility improvements shall be installed prior to street construction and shall meet the following standards:
   (l)   Water.
      A.    All subdivisions shall have public water for domestic use and fire protection. Adequate size water mains properly connected to the public water supply system shall be provided.
      B.    All necessary fire hydrants, valves and fittings shall be installed under the direction of the proper City officials.
   (2)   Storm sewer. Proper and adequate disposal of storm water shall be provided. The type, extent, location and capacity of drainage facilities shall meet the design standards established by the City Engineer. All surface drainage facilities shall connect to an adequate drainage course. Land that is subject to flooding from time to time shall be provided with such improvements as may be required to remove flooding hazards from proposed subdivision lots.
   (3)   Sanitary sewers. Sanitary sewers shall be installed in any subdivision where such sewers can be connected by means of gravity fall to existing sewer facilities. At least one lateral shall be installed to the property line of each lot platted. such laterals shall be sealed in accordance with the requirements of the City Engineer until used.
   (4)   Location. Utilities to be located in the street right of way shall be placed in the ground before any pavement is constructed in the proposed street, unless otherwise provided for by joint agreement of the City Engineer and the utility company.
   (5)   Street Lighting. When electric lines are placed underground, the subdivider or developer shall be responsible for the coat of the installation of street lighting in accordance with design standards established by the City Engineer.

1107.09 FLOOD AREAS.

   In order to protect the health, safety and general welfare of the people, the City Planning Commission shall reject any proposed subdivision located in an area subject to periodic flooding aa determined and illustrated in studies or publications by U. S. Department of Housing and Urban Development, the Ohio Department of Natural Resources or other recognized documents or authorities.
   Flood control or storm drainage facilities shall be provided as follows:
   (l)   Access to flood control or storm drainage ditches and channels shall be by means of easements. Such easements shall not be less than twelve feet in width, exclusive of the w1dth o: the ditch, or channel, and an easement of this type shall be provided on one side of a flood control or storm drainage ditch, channel, detention or retention basin or similar type facility.

1107.10 STORM WATER DETENTION.

   Detention requirements shall be based upon a 25 year storm with a 2 hour time frame. The intention here being that storm water shall not run off at any greater rate after development that it did in an undeveloped state.

1107.11 OPEN SPACES AND PUBLIC SITES.

   Where a park, playground, school or public access to water frontage which is shown on an official map or in a plan for the future use, is located in whole br in part in the proposed subdivision, or is deemed essential by the City Planning Commission, the Commission may request the dedication of such area within the subdivision. Should such dedication equal or exceed ten percent of the area to be developed, such action shall be in lieu of all other requirements relating to the purposes herein provided.
   The Commission shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses, areas of historical significance and similar irreplaceable assets.
   Every subdivider and developer of planned commercial, industrial or residential sites, except as noted above, will be required to make payment for that portion of benefits from public sites accruing to his land at the rate of four hundred dollars ($400.00) per gross acre or fraction thereof being developed. Such payments to the City shall be placed in the Park Fund to be used exclusively for capital improvements of parks and playgrounds.

1109.01 CONSTRUCTION AND UTILITY PLANS AND SPECIFICATIONS.

   (a)   Drawings showing cross sections, profiles, elevations, construction details, and specifications for all required improvements shall be prepared by a professional engineer. The construction plans shall be prepared in accordance with the standards set forth and obligated to the conditions specified in these regulations. See Section 1105.16.
   (b)   All improvements shall be constructed in conformity with the current volume of the Ohio Department of Transportation "Construction and Material Specifications".
   (c)   If it becomes necessary to modify the improvements as approved due to unforeseen circumstances, the subdivider shall inform the City Engineer in writing of the conditions requiring the modifications. Written authorization from the City Engineer, to make the required modification, must be received before proceeding with the construction of the improvement.
   (d)   At completion of the construction, and before acceptance, the subdivider shall furnish the City Engineer a set of tracings for permanent record, showing the locations, sizes and elevation of all improvements as constructed.

1109.02 PRECONSTRUCTION MEETING AND WORK SCHEDULES.

   Prior to the commencement of any project, a pre- construction meeting will be held at the City Engineer's Office. At this time, the project will be discussed in regard to procedure, materials, inspection, etc.

1109.03 INSPECTIONS.

   (a)   Responsible Official. The City Engineer shall be responsible for the inspection of all street improvements including storm, sanitary sewers, and water.
   (b)   Authority and Duties of Inspectors. Inspectors employed by the City shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter or waive any requirements of the specifications or plans; He shall be authorized to call the attention of the contractor to any failure of the work or materials to conform to the specifications and contract. He shall have the authority to reject materials which do not meet specification and contract. He shall have the authority to reject materials which do-not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the City Engineer. Periodic inspection during the installation of improvements shall be made by the Inspector to insure conformity with the approved plans and specifications as contained in the subdivider's construction agreements.
   (c)   Final Inspection. Upon completion of all the improvements the subdivider shall request in writing a final inspection by the City Engineer as required under Ohio R.C. 711.091. The Safety Service Director, City Engineer or his deputy shall make a final inspection of streets, storm sewers, water mains, sanitary sewers and monuments. Inspections shall be promptly made after request.

1109.04 CONSTRUCTION REQUIREMENTS.

   (a)   Cooperation of Subdivider and/or Contractor. The subdivider and/or contractor shall have available on the project at all times, a clearly reliable copy of all required plans and specifications. He shall cooperate with the Inspector and with other contractors in every way possible. The subdivider and/or contractor shall at all times have a competent representative acting as his agent on the project. The representative shall be capable of reading and thoroughly understanding the plans and specifications and he shall receive instructions from the Inspector. The representative shall have full authority to execute the orders or directions of the Inspector. The representative shall have full authority to execute the order or directions of the Inspector and to promptly supply such materials, tools, plant equipment and labor as may be required. The Inspector's orders should be executed without delay. A representative shall be furnished irrespective of the amount of work sublet.
   (b)   Grade Stakes. Pavement and pipe grade stakes shall be set at twenty-five foot intervals. The Inspector may ask for additional grade stakes if it is deemed necessary. Other means of line and grade may be used as approved by the City Engineer.
   (c)   Repair or Damage. Any damage done to the improvements by construction traffic, local traffic or by any other means shall be repaired or the damaged materials replaced in a satisfactory condition.
   (d)   Erosion Control. The subdivider and/or contractor shall take necessary procedures to prevent erosion and downwash of grits and sediments into adjoining properties or existing drainage facilities. No project will be released from bond from failure to comply with this regulation without cleanup and repair of damages. The City Engineer may request stoppage of work during construction if he deems it necessary to protect outside facilities, but failure to do so may not relieve owner of downstream liabilities. Final inspection requires all drainage facilities free from depositions of erosion or construction debris.
   (e)   Final Cleaning Up. Upon completion of the work and before acceptance, the subdivider and/or contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition.
   (f)   Maintenance of Improvements. The subdivider shall be responsible for the maintenance of the improvements installed and shall be responsible for providing the services necessary to guarantee access to all the occupied lots, including snow removal, until final acceptance upon recommendation by the City Engineer. The performance of such work shall be guaranteed by a maintenance bond, the amount of which shall be determined by the City Engineer and approved by the Planning Commission. The subdivider shall maintain all improvements for such periods as specified in the construction agreement, or by the City Engineer.

1109.05 SUPPLEMENTARY IMPROVEMENTS.

   Where the City Engineer determines that improvements in excess of the size needed to serve the proposed subdivision are necessary to facilitate the orderly development of nearby land which is an integral part of the neighborhood service or drainage area, the subdivider shall install all improvements required to serve his subdivision plus the additional oversized and off-site improvements required. The City shall at its opinion reimburse the subdivider for the difference in cost between the minimum standards and the oversized improvement occurring within the boundaries of the subdivision. Such improvements shall be available for connections by individual property owners and/or subdividers of adjoining land.

1109.06 AGREEMENTS AND GUARANTEES.

   All bonds and insurances required under this section shall be approved by the City Law Director and shall be deposited and remain at all times with the City Engineer.

1109.07 MONUMENTS.

   Permanent monuments shall be accurately set and established at the intersections of all outside boundary lines of the subdivision; at the intersections of those boundary lines with all street lines; at the beginning and end of all curves; at points on curves where the radius or direction changes; and at such other points as are necessary to establish definitely all lines of the plat, including all lot corners. Concrete monuments at least thirty-six inches long and at least six inches in diameter shall be used at the intersections of subdivision boundary lines; iron pin or iron pipe monuments at least three-quarters of an inch in diameter and at least thirty inches long shall be used at all other points. All permanent monuments shall be set after construction is complete.

1109.08 STREETS.

   All streets shall be graded to their full width, including side slopes, and improved in conformity with the standards given or referred to in these Regulations.

1109.09 PAVEMENT WIDTH.

   Minimum street pavement widths shall conform to the standards given in the Subdivision Design Standards, Section 1107.09.

1109.10 STREET SUBGRADE.

   The subgrade shall be free of sod, vegetative or organic matter, soft clay and other objectionable material for a depth of at least two feet below the finished surface of the subgrade. The subgrade shall be properly rolled, shaped and compacted and shall be subject to the approval of the City Engineer.

1109.11 PAVEMENT DESIGN.

   The Developer has the option of using any of the following pavement sections:
   Portland cement concrete; asphaltic concrete surface on Portland cement concrete base; full depth asphalt; asphaltic concrete on aggregate base. Thicknesses shall be designed by the developer's engineer based on traffic loads, traffic counts and the physical properties of the subgrade conditions, said design being subject to the approval of the City Engineer.

1109.12 CURBS AND GUTTERS.

   The requirement of curbs and gutters will vary according to the character of the area and the density of development. Curbs shall be required on all streets within the City. Where curbs exist on abutting properties, their extension shall be required throughout the proposed subdivision. Curbs and combined curbs and gutters shall be constructed in conformity with the current volume of "Construction and Material Specifications" of the Ohio Department of Transportation, and the standards of the City.

1109.13 WATER SUPPLY.

   The following requirements shall govern water supply provisions:
   (l)   Where a public water supply, in the determination of the City Planning Commission, is reasonably accessible or required because of pollution problems, the subdivision shall be provided with a complete water distribution-system, including a connection for each lot and fire hydrants spaced in accordance with the recommendations and requirements set forth in the Fire Protection Handbook of the National Fire Protection Association, Thirteenth Edition (1969), or such subsequent editions or amendments thereto as are currently published. Public water distribution and public well systems shall meet the requirements of the Ohio Department of Health or the Ohio Environmental Protection Agency, whichever is appropriate as cited in the Ohio Revised Code.
   (2)   Where a public water supply is not available or not required, the subdivider shall supply acceptable evidence of the availability of water. The subdivider may be required to make one or more test wells in the area to be platted if such evidence is deemed not acceptable. Copies of well logs which are obtained shall include the name and address of the well driller and shall be submitted with the plat to the City Planning Commission.
   (3)   Individual private wells shall meet the requirements of the Logan County Board of Health.

1109.14 SANITARY SEWER.

   The following requirements shall govern sanitary sewage disposal:
   (l)   All laws, regulations and guidelines set forth by the Logan County General Health District and the Ohio Environmental Protection Agency, and any future laws, regulations and guidelines deemed necessary for the protection of public health shall be followed as they become effective.
   (2)   Where an adequate public sanitary sewerage system, in the determination of the City Planning Commission, is reasonably accessible, public sanitary sewers approved by the Ohio Environmental Protection Agency shall be installed to adequately serve all lots, including lateral connections to the public system. Public sewerage system extension shall meet the requirements of the Ohio Environmental Protection Agency and City standards.
   (3)   In the event the installation of individual disposal systems shall be considered, the number of lots in a subdivision shall be governed by the following conditions:
      A.    The soil type in the subdivision;
      B.    The existing drainage conditions of the soil;
      C.    The existing surface drainage;
      D.    The absorptive ability of the soil;
      E.    The possible installation of artificial means of subsurface drainage; and
      F.    The existing topography.
   (4)   Where on-site sewage disposal facilities are to be used, each lot so served shall be of a size and shape to accommodate the necessary length of the tile field at a safe distance from, and at a lower elevation than, the proposed building(s). Such lot size and shape shall conform to the requirements of the zoning district in which they are located or the requirements of the Logan County General Health District, whichever is the more restrictive.
   (5)   Percolation tests may be required when deemed necessary. All percolation tests shall be performed in accordance with the requirements of the City Planning Commission and the County Board of Health.
 

1109.15 DRAINAGE.

   The subdivider shall construct all necessary facilities, including underground pipe, inlets, catch basins, open drainage ditches, detention and/or retention basins, as determined by the City, to provide for the adequate disposal of subsurface and surface water and maintenance of natural drainage courses. All storm drainage facilities within the subdivision shall connect to an adequate drainage outlet. Surface water discharged from the development, shall be at no greater rate, after the development than it was before the development.
   (l)   Easements for closed conduits and appurtenances thereof. An easement of not less than twenty feet in width and sufficient to contain the closed conduit shall be dedicated on the final map of the subdivision as "Drainage Easement." Drainage easements for closed conduits shall not traverse a building site and shall insofar as possible, be placed along or adjacent to lot boundary lines in a straight alignment without angle points.
   (2)   Easement along streams. Whenever any stream or important surface drainage course is located within the area being subdivided, the subdivider shall provide a permanent easement of sufficient width dedicated to the proper authority for the purpose of widening, deepening, relocating, improving or protecting the stream for drainage.

1109.16 STORM SEWERS.

   Where an adequate public storm main is available at the plat boundary, the subdivider shall construct a storm sewerage system and connect with such storm-sewerage main. If such storm sewerage systems are not accessible, drainage channels with easements of adequate width shall be provided, as determined by the City Planning Commission.
   Paved gutters or storm sewers shall be required if velocity of flow are greater than specified by the City Engineer, or if they cause destructive erosion. Storm drainage, including drain tile around basements, shall not be permitted to discharge into any sanitary sewerage facility.

1109.17 CULVERTS AND BRIDGES.

   Where natural drainage channels intersect any street right of way, it shall be the responsibility of the subdivider to have satisfactory bridges and culverts constructed. Where culverts are required, minimum requirements shall be observed as follows:
   (1)   All culverts shall extend across the entire right-of-way width of the proposed street. The cover over the culvert and its capacity shall be determined by the City Engineer. The minimum diameter of a culvert pipe shall be twelve inches. Depending on existing drainage conditions, head walls may be required.
   (2)   Driveway culverts shall have a minimum length of twenty feet. The diameter shall be subject to the determination of the City Engineer. The driveway culverts shall be laid so as to maintain the flow lines of the ditch or gutter. Head walls may be required.

1109.18 SURFACE WATER.

   Where it is necessary to make changes in the contour of any land proposed to be subdivided, developed or changed by grading, or excavating or by the removal or destruction of the natural topsoil, trees or other vegetative covering thereon, the same shall be accomplished only after the owner or his agent has submitted to the City Planning commission for approval a plan for the surface water, erosion and sedimentation control and such plan has been approved. Such plan shall incorporate the following controls: 
   (1)   All surface water shall have drainage ditch outlets of a temporary nature provided for it during construction and shall be approved by the City Engineer. No exposed area that will pond a great amount of water overnight will be permitted.
   (2)   No more than thirty percent of the total area shall be exposed at any one time during construction unless proper measures are taken to prevent erosion, siltation and sedimentation.
   (3)   No area shall be exposed any longer than necessary to recontour. Temporary vegetation and/or mulching shall then be applied for protection during the development.
   (4)   No area shall be allowed to go into the winter season without vegetative cover on critical areas as determined by the City Engineer. Such areas shall be seeded by Oct. 1.
   (5)   Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from run-off waters for land undergoing development.
   (6)   Permanent final vegetation and drainage structures shall be installed as soon as grading is completed.
   (7)   The development shall be fitted to the topography and soils so as to create the least erosion potential.
   (8)   Whenever feasible, natural vegetation shall be retained and protected.
 

1109.19 ELECTRIC, GAS, PHONE AND STREET LIGHTING.

   Where needed to serve a proposed new development, the planning and construction of such utilities shall be in conjunction with all other improvements. Such private utility improvements are the responsibility of the developer and shall be subject to review by the City Engineer, as a matter of coordination with all other improvements. No street lightening shall become the responsibility of the City until approval and acceptance of the same has been made by the City.

1109.20 SIDEWALKS.

   Concrete sidewalks having a minimum with of four feet and a minimum thickness of four inches shall be installed on both sides of all streets in new subdivisions, with a minimum of three feet of boulevard between curb and sidewalk. Where the existing or anticipated residential density of the area proposed for the subdivision is less than three dwelling units per net acre, the Planning Commission shall have the authority to waive sidewalks on one side of the street only.

1109.21 DRIVEWAYS.

   Driveways shall have a maximum grade of ten percent (10%) and a minimum width of eighteen feet for a double drive and a minimum width of ten feet for a single drive. Curb cuts for straight curbs and the flare for rolled curbs shall be three feet wider on each side than the driveway pavement. All drive approaches to the sidewalk line or front lot line where no walk is required shall have a concrete or bituminous surface. Because of severe topographic conditions, the Planning Commission shall have the authority to waive the above restrictions on a case by case basis.

1109.22 STREET NAME SIGNS.

Street name signs of a type in use throughout the City, shall be erected by
the subdivider at all intersections.

1109.23 EXTRA SIZE/EXTENSIONS.

   The utilities, pavements and other land improvements required shall be designed of extra size and/or extensions shall be provided, as may be necessary, to serve nearby land which is an integral part of the neighborhood service or drainage area, in addition to the improvements required for the development of the proposed subdivision.

1109.24 OFF-SITE EXTENSIONS.

   If streets or utilities are not available at the boundary of a proposed subdivision, and if the City Planning Commission finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties, or as a Municipal expense until some future time, the subdivider may be required, prior to approval of the final plat, to obtain necessary easements or rights of way and to construct and pay for such extensions. Such improvements shall be available for connections by subdividers of adjoining land.

1109.25 EXTENSIONS TO BOUNDARIES.

   The subdivider shall be required to extend the necessary improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land, as determined by the City Planning Commission.

1109.26 EXTENSION OF PUBLIC UTILITIES.

   Any further extension of public utilities for development purposes within the City, shall conform to and be in conformity with certain recommendations as made by the City' a consultants and taking into consideration the City's development plan.

1111.01 ENFORCEMENT.

   The provisions of the Subdivision Regulations shall be enforced by the City Engineer or by such deputies of his department as the City Engineer may delegate to enforce the provisions of these Subdivision Regulations.

1111.02 PENALTIES.

   The following penalties shall apply to the violations of these Regulations:
   (a)   Whoever violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order made pursuant thereto shall forfeit and pay not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) Such sum may be recovered with costs in a civil action brought in the Municipal Court by the legal representative of the City, in the name of the City and for the use thereof.
   (b)   A County Recorder who records a plat contrary to the provisions of these Regulations shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
   (c)   Whoever, being the owner or agent of the owner of any land within or without the City, transfers any lot, parcel or tract of such land from or in accordance with a subdivision, before such plat has been recorded in the office of the Logan County Recorder, shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
   (d)   Any person who disposes of or offers for sale or lease for a time exceeding five years any lot or any part of a lot in a subdivision before the provisions of these Regulations are complied with shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot sold or offered for sale or lease.

1112.01 PURPOSE.

   (a)   General. City Council, consistent with the mission and findings of the Downtown Bellefontaine Partnership, and being mindful of the proud history of Bellefontaine and of the importance of the downtown’s character and architectural heritage in the everyday lives of its citizens and in promoting business and economic development hereby declares as a matter of public policy that the preservation, restoration, rehabilitation, development and redevelopment of the downtown are matters of public necessity involving the health, safety and welfare of its residents and businesses.
   The purpose of this chapter, the Downtown Business Overlay District is to:
      (1)   Provide supplemental regulations or standards which are consistent with the City’s intent to guide public and private actions within the Overlay District in terms of redevelopment and re-use of existing land and structures, new development, and the preservation of the area’s historic character and architecturally significant structures. These supplemental regulations are in addition to “base” or underlying zoning district regulations applicable in the “B-2 Downtown Business District”. Whenever there is a conflict between the regulations of the underlying district those of the overlay district, the overlay district regulations will control;
      (2)   Provide a more flexible instrument, which governs development by the urban design principles and guidelines of building placement, building form and character, access and parking placement, and the availability of pedestrian amenities to establish and support a pedestrian-friendly shopping and civic center, contrary to conventional development control strictly by type of use;
      (3)   Maintain and enhance the distinctive character of the Overlay District by safeguarding the architectural integrity of the various period structures within it, and to prevent intrusions and alterations within the Overlay District that would be incompatible with the established character; and
      (4)   Provide for a means of design review for those aspects of redevelopment and new development within the Overlay District in order to ensure compatibility with the District’s character, scale, building fabric, and historic architectural elements, in an effort to achieve a more attractive and viable business and civic environment for the City’s residents and visitors.
   (b)   Objectives. The Downtown Business Overlay District is specifically designed to:
      (1)   Maintain, promote and ensure Bellefontaine’s downtown as its historic business and civic center.
      (2)   Provide for increased opportunities and land use efficiency for redevelopment, new development and business development expansion.
      (3)   Assist property owners to rehabilitate their property and receive tax credits.
      (4)   Protect property and private investment.
      (5)   Encourage a viable and compatible mix of commercial, business, office, and residential uses in the district.
      (6)   Discourage the use of property with small and isolated freestanding structures oriented primarily to automobile traffic.
      (7)   Discourage the development of building additions and new construction, which require large buildings, incompatible with the character and scale of the district.
      (8)   Maintain a continuous building form, parallel to the street, and without setbacks from the right-of-way.
      (9)   Prevent abrupt and severe differences and change in the character of development.
      (10)   Enhance the distinguishable character and scale of Bellefontaine’s City Center.
      (11)   Protect the historically significant and other contributing structures and promote their longevity as viable resources for re-use and redevelopment.
      (12)   Allow the application of performance standards to development and redevelopment so as to mitigate any adverse impacts on adjacent areas and the overall district.
      (13)   Promote public health, safety and welfare.
         (Ord. 06-2. Passed 2-28-06.)

1112.02 BOUNDARIES OF THE CITY CENTER HERITAGE OVERLAY DISTRICT.

   The Downtown Business District is an overlay district, which is superimposed upon a portion of the existing underlying “B-2 Downtown Business District”. In the Overlay District all regulations applicable to the underlying district shall remain in effect for any nonconforming use. Additionally, several uses permitted in the underlying district shall be subject to restrictions as specified.
(Ord. 06-2. Passed 2-28-06.)

1112.03 DESIGN GUIDELINES GENERALLY.

   (EDITOR’S NOTE: See Section 1112.11 for specific guildelines.)
   (a)   Within the Overlay District, the Downtown Bellefontaine Design Guidelines shall be used to direct private and public initiatives for development and redevelopment, building rehabilitation and new construction, and make sure that the improvements are integrated in the City’s character and historic fabric. The latest version of the Guidelines document shall be in effect and shall be made an integral element of the Downtown Business Overlay District regulations, requirements, procedures, and review process.
   (b)   The Design Review Board as provided in this chapter may from time to time update the Design Guidelines in order to maintain an effective set of guidelines representative of the existing and changing conditions in the area. In the case when the Design Review Board makes changes to the originally adopted Design Guidelines, and to those subsequently adopted changes, the amended Design Guidelines shall be processed according to the zoning text amendment requirements.
(Ord. 06-2. Passed 2-28-06.)

1112.04 DETERMINATION OF APPLICABILITY.

   (a)   Design Review Required. The requirements and regulations of this chapter apply to land uses within the defined boundary of the Downtown Business Overlay District. Buildings or structures which are solely used for a residential purpose and maintain their residential use as their principal use at the time of the enactment of this chapter, shall be exempted from the design review requirements as long as they maintain the residential use as the principal use. When the principal use changes to a nonresidential use, then the requirements, regulations and procedures of this chapter shall apply in their entirety to all such buildings or structures.
   Any activities involving the following must be undertaken in accordance with the requirements and review procedures and the Design Guidelines as set forth in this chapter:
      (1)   Construction of new buildings and structures;
      (2)   All exterior renovations and rehabilitations of existing buildings or structures;
      (3)   Additions and expansion of existing principal and accessory buildings or structures;
      (4)   Demolition of buildings or structures;
      (5)   Site improvements, including parking lots, driveways, vehicular and/or pedestrian access;
      (6)   Signs in accordance with this chapter and Chapter 1137 ; and
      (7)   Screening and landscaping.
   (b)   Design Review Not Required. The following projects and activities are exempt from the design review:
      (1)   Changes in occupancy not involving structural or exterior work;
      (2)   Interior work such as HVAC or plumbing, electrical wiring on an existing building or structure;
      (3)   Interior building renovations, which will not alter or affect the exterior elevations and facade of the building or structure or any architectural feature that is visible from the outside;
      (4)   Ordinary repair and maintenance which does not result in an exterior change; and
      (5)   Interior or exterior work on existing structures which are solely used for single and two-family residential purposes and maintain their residential use as their principal use at the time of the enactment of this chapter.
         (Ord. 06-2. Passed 2-28-06.)

1112.05 NONCONFORMING USES.

   Lots, structures, and uses of land that do not conform to the Overlay District regulations after the effective date of these regulations, are considered non-conforming uses and shall be regulated in accordance with the provisions of Chapter 1161 of the Zoning Code.
(Ord. 06-2. Passed 2-28-06.)

1112.06 CERTIFICATE OF APPROPRIATENESS.

   (a)   Any property owner or agent thereof proposing to erect a building or structure or conduct major renovations on any building or structure, including accessory uses, or demolish, in whole or in part, a structure in the Overlay District, shall comply with the provisions of this chapter and shall obtain a Certificate of Appropriateness from the Design Review Board, prior to the issuance of a building permit and/or zoning certificate from the Building Inspector’s Office.
   (b)   When applicable, for properties in the Overlay District, Site Plan Review by the Planning Commission as required by Chapter 1110 of the Zoning Code shall commence, unless the applicant has secured a Certificate of Appropriateness by the Design Review Board.
   (c)   In case of disapproval of an application for Certificate of Appropriateness, the Design Review Board shall briefly state its reasons therefore in writing, and it may make recommendations to the applicant with respect to appropriateness of design, arrangement of elements, textures, material, color, and the like of the improvements and/or development involved.
   (d)   Any Certificate of Appropriateness issued pursuant to this chapter and any building and/or zoning permit granted pursuant to the Certificate of Appropriateness shall expire of its own limitation twelve (12) months from the date of issuance if the work authorized thereby has not significantly commenced by the end of such twelve month period; and further, any such Certificate and permit shall also expire and become null and void if such authorized work is suspended or abandoned for a period of twelve months after being commenced.
(Ord. 06-2. Passed 2-28-06.)

1112.07 CRITERIA AND CONDITIONS FOR EVALUATING APPLICATIONS FOR CERTIFICATE OF APPROPRIATENESS.

   In considering the appropriateness of an application for any change, improvement and/or development in the Overlay District, the Design Review Board shall take into account all the unique elements and circumstances of the particular site and/or building, and their relationship with the surrounding properties and the character of the Overlay District as a whole, and shall utilize the Board to review the application and arrive at a preliminary and final decision.
   (a)   Conditions for Review and Approval. The use of the property and the proposed improvements in the Overlay District shall be in accordance with these regulations and the Site Development Plan, and a Certificate of Appropriateness shall be issued when the review has determined that the proposed development by its nature, or by reason of the controls imposed by the Design Review Board:
      (1)   It does not violate the historic integrity of the existing building as a result of changes, additions, alterations, signs and other physical improvements;
      (2)   Is not an adverse influence on any abutting or surrounding properties and on the overall character and scale of the Overlay District;
      (3)   Facilitates and encourages the maintenance and creation of the desired City Center historic fabric and urban form and does not adversely affect the envisioned predominant character in the district;
      (4)   It created a harmonious and coordinated image of the proposed building character, landscaping, signage, and lighting with the adjacent properties and the district;
      (5)   It relates effectively ingress/egress to the development to the existing street system in terms of safety and ease of access;
      (6)   Is in full compliance with the purpose of this Zoning Code and with the Overlay District;
      (7)   Furthers and conforms to the goals of the City of Bellefontaine to reestablish and maintain in the area in the Overlay District as a viable business and civic center; and
      (8)   Is designed to maximize the public interest and private benefit in a balanced manner.
   It is the responsibility of the applicant to provide adequate documentation to ensure compliance with the above and the Design Guidelines for the Overlay District.
(Ord. 06-2. Passed 2-28-06.)

1112.08 VIOLATIONS.

   Whoever constructs, reconstructs, alters, changes, or demolishes any exterior feature of any property; or whoever demolishes a building or structure in the Overlay District, or whoever maintains, changes or installs a sign in violation of the requirements of this chapter, shall be deemed in violation of this Zoning Code and such violations addressed in the Downtown Design Guidelines.
(Ord. 06-2. Passed 2-28-06.)

1112.09 APPEALS.

   Whenever the Design Review Board shall, in a final decision, disapprove an application for a Certificate of Appropriateness, the applicant for such Certificate shall have the right to appeal the Board’s decision in accordance with the provisions of Section 1105.09 of the Zoning Code.
(Ord. 06-2. Passed 2-28-06.)

1112.10 REVISIONS OF FINAL SITE DEVELOPMENT PLAN AFTER APPROVAL.

   No changes, erasures, modifications or revisions shall be made to any Site Development Plan after final approval has been given and a certificate of appropriateness has been issued unless said changes, erasures, modifications or revisions are first submitted to and approved by the Design Review Board.
(Ord. 06-2. Passed 2-28-06.)

1112.11 DOWNTOWN DESIGN GUIDELINES.

   (a)   Introduction.
      (1)   A downtown is more than a collection of buildings and much more than just another shopping center. It is the traditional center of a community; a center defined more socially than architecturally or graphically. It is a place where people doing a quick errand run into people they know and end up spending several hours. It is a place for strolling and window shopping, and watching people go by. It is a place where people live and work. It is a place where merchants know customers by face, if not by name. It is a place where parades, celebrations and sidewalk sales are held. It is a place where every citizen of our town feels at home. In short it is a place for activities of all kinds, for all people.
      (2)   The Downtown Bellefontaine Partnership (DBP) and the City of Bellefontaine have adopted these design guidelines to provide property owners with information and assistance on their buildings. These guidelines apply to planning for new construction, rehabilitation and renovation of commercial and residential facades in the defined downtown area. These guidelines will be a tool as we work together to establish our downtown as the true center of Bellefontaine. The DBP's goal is to work with property owners to develop a downtown which has character and consistency from block to block. This, in turn, will promote economic development and business expansion through new mixed-use development and help make the downtown into a thriving civic and retail center.
      (3)   The City of Bellefontaine currently enforces planning and zoning ordinances. The downtown is zoned as a B-2 district and the ordinances regulate building usage, height and frontage, in addition to lot area and setback requirements. With the creation of the Design Review Board, there is now an entity which regulates all exterior improvements in the downtown area to protect the character of our historic downtown.
      (4)   The overall approach in sound preservation guidelines is to respect the character of the historic downtown. This principle does not prevent changes to a historic building or neighborhood but does require careful planning before making repairs, alterations, undertaking demolition or designing a new structure.
      (5)   The Downtown Bellefontaine District is an "overlay" district within the Codified Ordinances of the City of Bellefontaine, Ohio. As an overlay, the designated district must follow these design guidelines as well as the regulations of B-2 classification. In any areas of conflict, the Downtown Design Ordinance supersedes the City's B-2 Ordinance.
      (6)   Before any significant changes are made to a downtown property, the owner must obtain approval from the Design Review Board. Once the applicant receives approval from the DRB they must apply for a state building permit.
 
Downtown Bellefontaine District Map
   (b)   Application of Design Guidelines. Architectural design guidelines are a very important part of maintaining the unique character of Downtown Bellefontaine. The guidelines serve as a communication tool in educating property owners and developers as to the community expectations for new construction and renovations to existing buildings.
   These architectural guidelines also serve as a guide for the DRB in reviewing applications prior to the issuance of a zoning permit by the City of Bellefontaine. Given the architectural variety and multiple uses in our downtown, the review of proposed alterations and new construction will be conducted on a case-by-case basis.
   These architectural guidelines are not meant as a check-list for "good" design. Nor are they meant to be applied in such a stringent manner as to prevent creative design alternatives. However, it is the intent of these architectural design guidelines to provide the regulatory authority to ensure that new construction and renovation of existing structures is consistent with the character-defining elements identified in these guidelines.
   (c)   Review Principles.
      (1)   These guidelines shall apply only to the exterior of buildings and to portions of existing and proposed buildings that would be visible at the pedestrian level including public rights-of-way and alleys.
      (2)   While economic costs are not a primary factor in the review process, economic costs will be considered in relation to the adherence to these guidelines.
      (3)   It is understood that a project might not meet every guideline in order to conform to the document's intent.
      (4)   It is not the intent of these guidelines to require existing buildings to be in full compliance with these guidelines. Existing buildings that contain nonconforming elements are encouraged to make alterations that will improve the overall appearance of the building. As non-conforming buildings are altered, the proposed alterations shall be in compliance with these design guidelines.
      (5)   The Design Review Board will use these guidelines to review proposed projects in a consistent, fair and equitable manner. If the board believes that a project does not meet the intent of the guidelines, the applicant may appeal to the City of Bellefontaine, Board of Zoning Appeals.
         Use the guidelines when considering:
         A.   Renovations
         B.   Additions
         C.   Demolition
         D.   Any exterior changes to your building
         E.   New downtown building projects
         F.   Sidewalk improvements
         G.   Landscaping and historic improvements
         H.   Parking and service improvements
         I.   New storefronts or lighting
   (d)   Overview of General Design Guidelines.
      (1)   The overall goals behind Design Guidelines are to:
         A.   Reduce the visual incompatibility of future construction and current buildings.
         B.   Provide for appropriate improvements, signage, amenities and street tree planting in order to achieve a coherent downtown district.
         C.   Ensure that new additions or alterations shall not detract from the overall architectural character of a property or its neighbors.
         D.   Strive to make the pedestrian environment more comfortable and secure.
      (2)   The design guidelines to be applicable in the Bellefontaine Downtown Business District are based on the "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" as adopted by the Secretary of the Interior, U.S. Department of Interior, National Parks Service. While the "Secretary's Standards" offer a good starting point for considering rehabilitation and new construction in historic areas, more detailed guidance is necessary to facilitate well-designed modifications in downtown Bellefontaine. The following guidelines pay close attention to the special building elements and patterns which are present in downtown Bellefontaine. These elements and patterns give our downtown its unique character.
 
   (e)   Design Guidelines.
      (1)   General.
         A.   If an element cannot be seen from the street or alley, DRB has no jurisdiction.
         B.   New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
      (2)   Building Materials. 
         A.   Power washing is allowed if less than 400psi pressure is used.
         B.   Mortar should be of a nature that duplicates the original used as closely as possible in appearance, texture, hardness and joint width. The original building material (whether located on primary, secondary or rear facades), shall be retained when possible. If the original material has been overlaid by such coverings as aluminum or stucco, these alterations should be removed and the original material maintained, repaired or replaced with similar materials.
         C.   New construction shall use traditional construction materials appropriate to the downtown.
         D.   Storefront and upper levels should have materials that are compatible.
      (3)   Storefronts.
         A.   Storefronts may be replaced when there is no historic integrity; however, if historic integrity is present components may be replaced only if irreparable.
         B.   Wood may be placed over glass panels on a storefront facade, only if muntins are retained, and the wood is painted a compatible color.
         C.   Porches and steps that contribute to a building's historic integrity should be retained, wherever possible. Likewise, it is not recommended to enclose porches and steps in a manner that is contrary to their intended appearance.
         D.   Storefronts shall be designed to reflect the traditional pattern of containment of space. The storefront shall be bounded by the framing storefront cornice and piers on the side and the sidewalk on the bottom.
         E.   Remodeled storefronts shall be designed to fit within the original opening.
         F.   Storefronts should provide for a recessed entry.
         G.   Storefronts shall be pedestrian oriented and consist primarily of transparent glass.
      (4)   Facade.
         A.   The height of the building must be in proportion to its width and the story-to-story height of the building must be appropriate.
         B.   The height of new buildings and additions shall relate to the surrounding contributing buildings; avoid new construction that greatly varies in height from adjacent buildings.
         C.   Where possible maintain the existing skyline created by the roofline and cornice elevation.
         D.   Corner buildings should be higher than those that are interior to the block.
         E.   Corner buildings shall be a minimum of two stories in height.
         F.   In infill construction, the facade width should fill the entire space.
         G.   Maintain the existing theme of facade and detail.
         H.   If the site is large, the mass of the facade should be broken into smaller bays to maintain a theme similar to surrounding buildings.
         I.   Themes that carry throughout the block such as window spacing, cornice height, etc., shall be incorporated in the new facade.
         J.   Storefront and display windows are encouraged in all buildings.
         K.   Building facades should have a sense of unity and balance.
         L.   Maintain the original qualities and character of the building, structure or site. The removal or alteration of any historic material or distinctive architectural feature shall be avoided.
 
         M.   Rehabilitation work should fit the character of the original building.
         N.   All buildings, structures and sites shall reflect the time of its construction. Alterations which have no historical basis shall be discouraged. Changes which may have taken place in the course of time are part of the history and development of a building, structure or site. These changes may have acquired significance in their own right, and where appropriate, this significance shall be recognized and respected.
         O.   Preserve significant ornamental elements whenever possible. Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, texture, design and other visual qualities. The composition, type of joint, size of units, placement and detailing should be appropriate for the building. Imitation or synthetic materials such as aluminum or vinyl siding, imitation stone or similar plastic materials are inappropriate. Some vinyl clad windows might be considered by the review board.
         P.   The use of contemporary design in the alteration or addition to existing structures is not discouraged when such changes do not destroy the historical, architectural or cultural character of the property.
         Q.   Buildings located on corner sites are considered anchor buildings and their building forms should reflect this designation. Anchor buildings are typically larger in scale and massing and are often more ornate than infill buildings.
 
         R.   Buildings located on a corner shall have a primary facade and a secondary facade.
         S.   The main entrance of corner buildings shall be oriented toward the primary street. Corner entrances are also encouraged.
         T.   For buildings that provide a separate upper-story entrance on the exterior facade, the street level use entrance should be the primary focus of the building facade while entrances for upper story uses shall be secondary.
         U.   Maintain the existing setbacks of adjoining properties.
 
 
      (5)   Awnings/canopies.
         A.   Storefronts are encouraged to have awnings or canopies to provide pedestrians with sun/rain protection unless the structure is physically unsuited. The overall form of the awning shall complement the character of the building and reflect the shape of the window or door opening that it covers.
         B.   Back-lit awnings/canopies are discouraged. These awnings function more as signs than a means of providing comfort and protection for the pedestrian.
         C.   Awnings on the storefront level shall not extend into the second story of the building facade.
         D.   Upper-floor awnings shall be mounted within the window opening.
         E.   Canopies shall be narrow in profile and shall not contain residential design elements such as mansard roofs or shake shingles.
         F.   Awnings and canopies should not project more than 6 feet from the lot line and must be suspended from the building.
         G.   Awnings should not cover architectural elements or span across structural bays.
         H.   No awning or canopy may extend within two (2) feet of the curb line.
         I.   All awnings and canopies shall be erected so that their lowest point is at least eight feet above the sidewalk.
         J.   One double-faced nameplate may be suspended from an awning or canopy perpendicular to the store front, provided the requirements of the sign section are met.
         K.   Each applicant must complete a statement holding the City and DBP harmless from any liability resulting from accident or injury caused by erection and maintenance of such sign(s) and must provide throughout the time that such sign(s) exist proof of insurance in the amount of one hundred thousand dollars ($100,000.00).
         L.   Existing awning framework to remain is grandfathered.
         M.   New awnings are permissible only if of matte finish fabric material, and are of compatible color. A sample of the fabric shall be presented to the Design Review Board for approval. The Design Review Board reserves the right to decline awning designs if deemed inappropriate.
         N.   Metal awnings may be replaced only if they contribute to the historic integrity of the building. No new metal awnings will be approved.
 
      (6)   Signs.  
         A.   Before any downtown business/property owner erects, constructs, reconstructs, replaces, or modifies any exterior sign on any building or structure or paints a sign on the glass of a building in a Downtown Bellefontaine District, an application must be filed with the City Engineer's office. The application will be reviewed by the Design Review Board. The application shall be accompanied by a full and accurate description of the size, attachment method, materials, color, illumination and any other items deemed necessary by the City Engineer or Design Review Board.
         B.   The Design Review Board shall make its decision within seven working days after the application was first considered by the Board at a regular or special meeting. Any rejection by the DRB shall describe the basis for such finding and the person or entity aggrieved by the decision of such Design Review Board may appeal the decision to the Board of Zoning Appeals within ten days of such Design Review Board decision.
         C.   Signs shall be constructed of high quality materials and craftsmanship. A sign must provide a finished appearance with historically appropriate texture, moldings and/or edge finishings. Sign materials must present an attractive and appropriate appearance that matches or exactly replicates historical materials such as wood, tin, iron, gilts, three dimensional letters and painted surfaces. The installation of a sign must be reversible and shall not permanently alter or damage the historic building materials and/or architectural detailing.
         D.   New signs, including replacements of existing signs, shall be permitted as follows in the Downtown Bellefontaine District:
            1.   Wall signs: One principal wall sign shall be permitted on the business establishment which it represents. One secondary wall sign is permitted where a business has frontage on another street or where there is a rear or side entrance commonly used by the public. Each sign may have a maximum area of 25 square feet unless otherwise approved by the Design Review Board.
            2.   Directory signs: Each building may have one directory sign, in addition to the above wall sign, that shall provide not more than two square feet of area for each building occupant. Directory signs shall be mounted flat against the face of the building like a wall sign.
            3.   Painted Window Signs: Professionally installed window signs may have lettering and approved logos only.
            4.   Projecting signs: special exception. One projecting sign shall be allowed for each business establishment occupying a building subject to the following conditions:
               a.   Maximum area: thirty square feet in area (double sided)
               b.   Minimum vertical clearance to grade: eight (8) feet.
               c.   Maximum horizontal projection from face of building - four (4) feet unless otherwise approved by the Board.
               d.   May not project above the roofline of the building to which it is attached.
               e.   Each applicant must complete a statement holding the City harmless from any liability resulting from accident or injury caused by erection and maintenance of such sign(s) and must provide throughout the time that such sign(s) exist proof of insurance in the amount of one hundred thousand dollars ($100,000.00).
            5.   Temporary signs including banners, pennants, streamers and balloons may be of any material but may not be used for longer than two weeks. You are not required to obtain a permit for temporary signage but it is understood that the City of Bellefontaine and the DBP will be held harmless from all liability.
            6.   One Sandwich Board may be displayed on public sidewalks on the property of the business in the Downtown Bellefontaine District, providing said temporary sign conforms to the following criteria:
               a.   Maximum sign area dimension: three(3) feet wide and four( 4) feet high for any free standing sign.
               b.   Sandwich boards must be placed to allow five feet of clear width of unobstructed sidewalk.
            7.   Banners: Outdoor decorative banners attached to utility and/or light poles promoting the City of Bellefontaine and/or its Downtown Business District are not considered temporary signs. Such banners must be of a matte finish fabric. Approval must be obtained from the City's Service Safety Director and the owner of the pole(s) prior to installation and proceeds from any sponsorship of said banners shall be a funding source toward the promotion, improvement projects or any other projects deemed appropriate by the Downtown Bellefontaine Partnership, Inc.
         E.   Prohibited Signs: Unless the design is based on a historic sign of that building, the following signage shall not be considered appropriate:
               - internally illuminated signs
               - rooftop signs
               - off premises signs or graphics
               - billboards or minibillboards
               - back-lit plastic signs
               - flashing or animated signs
               - electronic message signs
               - vinyl banners (unless temporary signage)
         F.   All signs shall conform to the sign ordinance of the City of Bellefontaine.
         G.   Existing signs of particular historic or architectural merit should be preserved.
         H.   The primary focus of signs shall be oriented toward pedestrian traffic and not vehicular traffic.
         I.   Signs identifying the name of the building, the date of construction or other historical information should be composed of materials similar to the building or of traditional plaque materials such as bronze or brass. These building identification signs should be affixed flat against the building and should not obscure architectural details elements.
         J.   Signs should be subordinate to the buildings facade. The size and scale of the sign shall be in proportion to the size and scale of the street level facade.
         K.   Storefront signs should not extend past the storefront cornice line. Storefront signs are typicarly located in the transom area and shall not extend past the storefront opening.
         L.   Signs shall reflect the overall symmetry of the building and should not cover architectural detail.
         M.   Signs for multiple storefronts within the same building should align with each other.
      (7)   Utility areas/rear entrances.
         A.   Utility areas and mechanical equipment should be designed so that they do not detract from the aesthetic appeal of the district.
         B.   The screening of exterior trash and storage areas, service yards, loading areas, transformers and air conditioning units is required. It is recommended to use the same color and/or style as the primary building.
         C.   If the utility area is separate from the building it serves, it is to be consistent with the City of Bellefontaine streetscape theme.
         D.   All roof equipment must be screened from public view if visible from the street.
         E.   Rear entrances and entrances from parking areas are encouraged. These entrances should provide sufficient architectural features to articulate the building facade.
         F.   The rear entrance should be clean and well maintained. A small sign, awnings, display windows and planter boxes can improve the appearance.
         G.   The rear entrance can be used by staff and customers alike.
      (8)   Color. 
         A.   Use historical paint colors appropriate to the downtown to ensure compatibility.
         B.   The color of buildings should complement the adjacent buildings’ colors. The color of brick or other natural building materials should dictate the color family choice. Bricks in the red and brown tones are encouraged. Buildings should use primarily earth tones with historical colors used only as minor accents. The accent colors should complement the primary color.
         C.   Colors must be appropriate to the style and period of the building's construction.
         D.   Franchise or corporate structure, logo or sign colors will be reviewed on a case by case basis for their appropriateness.
      (9)   Streetscape.
         A.   The streetscape should be uniform so that it acts to provide continuity throughout downtown.
         B.   When making improvements to private property (including the addition of benches, trash receptacles, fencing, lighting, bike racks, trash enclosures or other accessories) owners should match approved Bellefontaine styles for these elements.
         C.   When a redevelopment project disturbs existing streetscape elements those items must be replaced with approved streetscape elements.
      (10)   Lighting.
         A.   Lighting in the downtown should serve to illuminate facades, entrances and signage and provide an adequate level of personal safety while enhancing the aesthetic appeal of the buildings.
         B.   Avoid colored lighting schemes in order to achieve continuity in building lighting within the downtown.
         C.   Building and signage lighting must be indirect, with the light source(s) hidden from direct pedestrian and motorist view. For exterior sign illumination, shaded gooseneck lamps are encouraged.
      (11)   Doors and windows. The size and proportion of window and door openings of the new construction or alteration should be similar to surrounding buildings. Maintain original door and window openings. The size and location of openings are an essential part of the overall design and an important element in the building's architecture. Openings should not be altered. When windows cannot be repaired, replacements should match the style and size of the original window. Replacing the original windows with an entirely different type of window can appear out of place given the type of window commonly found on buildings of particular styles and time periods.
      (12)   Vacant lots. Lots that will remain vacant for more than 120 days shall be planted with grass and be maintained to be free of weeds, trash and vehicles.
      (13)   Non-conforming buildings.
         A.   The purpose of creating a historic district is to protect the historic building stock and encourage maintenance, repair and restoration. There are two general categories of non-conforming buildings.
            1.    Buildings that were built after 1940 and that are incompatible with the district due to scale, materials and detailing.
            2.    Older buildings that have completely lost the integrity of the original design due to substantial incompatible exterior alterations. Buildings in this category not only have been stripped of architectural details but have been completely modernized in their appearance.
         B.   Additions, alterations and rehabilitation of the above building types should either be compatible with their own style and character or should cause the building to become more compatible within the district. Non-Conforming buildings are encouraged to adhere to the Design Guidelines for all standards such as building materials, awnings, signs, color and lighting and will undergo a special review to determine appropriateness by the Design Review Board.
EXAMPLES OF ARCHITECTURAL CHARACTER IN DOWNTOWN BELLEFONTAINE
 
   (f)   Review of Building Applications and Plans.
      (1)   Application. Before any changes are made to a property in the Bellefontaine Downtown District an application must be filed with the City Engineers Office for review by the Design Review Board. The application must contain the following information:
         A.   A color photograph of the present facade of each exterior wall of the building which is proposed to be modified or of the existing landscaping, plantings, fence, or other visible exterior improvement(s) to be changed.
         B.   The name and address of the owner of the property and the building, together with the name and address of the business which occupies the structure, if any.
         C.   A detailed sketch of the proposed project, drawn as near as possible to scale.
         D.   A description of the proposed colors, proposed materials to be used, and all related information fully describing the proposed modifications and additions.
      (2)   Board Review. The Design Board shall make its decision approving, denying, or denying with proposed modifications, the application submitted to it within thirty days after the application was first considered by the Board at a regular or special meeting. Any denial shall be based upon failure to comply with the applicable design review standards and shall describe the basis for the finding of such Design Review Board of such noncompliance. Any person aggrieved by the decision of such Design Review Board may appeal the decision to the Board of Zoning Appeals within ten days of such Design Review Board decision. Such appeal shall be heard at the next regularly scheduled meeting of the Board of Zoning Appeals.
      (3)   Remedies. In case any building, structure landscaping, plantings, fence or other exterior visible improvement is in violation of the provisions of these guidelines or any Design Review granted by a Design Review Board, then, Council, the Law Director, the Zoning Inspector, or any adjacent or neighboring property owner who would be specifically damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
      (4)   Violations. No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of these Design Review Guidelines, or any amendment or supplement thereto adopted by Council.
      (5)   Penalty. Whoever violates any of the provisions of this Zoning Ordinance or any amendment or supplement thereto, shall be fined one hundred dollars ($100.00) per offense. A separate offense shall be deemed committed each day during or on which such erection, construction, reconstruction, enlargement, change, maintenance or use occurs or continues.
      (6)   Establishment, composition. There is hereby established a Design Review Board designated as the Downtown Bellefontaine Design Review Board, which shall consist of seven voting members, the majority of which shall be residents of the City and shall serve on this Board without compensation. The City Planning Commission shall designate one of its members for membership on such Board. City Council, at its first meeting of every other year, shall appoint one of its members for membership on the Board. The remaining five members of such Board shall be appointed by Downtown Bellefontaine Partnership, Inc. The City Zoning Inspector shall serve as a liaison for the City in an advisory, non-voting capacity.
      (7)   Terms.
         A.   The terms of the Planning Commission member serving on a Board shall be concurrent with that member's term on the Planning Commission. The term of the Council member shall be two years from the time of appointment, or until such person is no longer a member of City Council, whichever is shorter. The remaining members shall serve three year terms which shall be staggered according to the following schedule:
            1.   The first three members shall be appointed to serve for an initial term of one year.
            2.   The second two members shall be appointed to serve for a term of three years.
         B.   All terms shall begin on January 1st of any given year, with the exception of the first appointed members who shall begin their terms on the day of appointment, and shall continue in that position until their term expires. Members of a Board may be removed for cause by the Mayor at any time. Vacancies caused by death, resignation or otherwise shall be filled for the unexpired term in the same manner as original appointments. Vacancies shall be filled within forty-five days from the date of vacancy, unless extenuating circumstances require additional time.
      (8)   Organization and officers. The Secretary of the Design Review Committee shall perform the following duties:
         A.   Keep all meeting minutes.
         B.   Keep the calendar of meetings and events pertaining to such Board.
         C.   Keep each member apprised of meeting times, dates and agendas.
         D.   Distribute a copy of documents, drawings, and other papers for each item of business which comes before such Board.
         E.   Maintain records of and communicate all correspondence to and on behalf of such Board.
         F.   Sign any certificates or documents as ordered by a vote of such Board.
      (9)   Qualifications of members. The members of the Design Review Board shall have, to the highest extent possible, a recognized knowledge or interest in architecture and/or historic preservation and a determination to work for the overall improvement of the quality of the physical environment of the City.
         A.   The appointment of at least two Board members employed or experienced in the fields of archeology, architecture, architectural history, history, interior design, planning, law, or a related discipline is encouraged, but not required.
         B.   At least one Board member shall be an owner of a property or business in a design district in the City after such district has been designated and approved by Council.
         C.   Any Board member may possess one or more of the aforementioned qualifications.
      (10)   Purposes of Board. The purposes of the Design Review Board are to:
         A.   Protect property on which buildings and/or other improvements are constructed, installed or altered.
         B.   Maintain a high character of community development.
         C.   Protect real estate with the City from impairment or destruction of value, by regulating according to proper architectural principles the design, use of materials, finish grade lines and orientation of all new buildings, fences, landscaping, plantings, and/or other visible exterior improvements, hereafter erected or installed, and the moving, alteration, improvement, repair, adding to or razing in whole or in part of all existing buildings, fences and/or other visible exterior improvements.
   The Board shall exercise its powers and perform its duties only for the accomplishment of such purposes.
      (11)   Meetings. The Design Review Board shall call a meeting time to review received applications and to discuss its business as necessary. A majority vote of the members present shall be required to constitute a quorum.
   (g)   Conclusion. The designation of the Downtown Bellefontaine Design Guidelines will
establish the area as a locally accepted asset, worthy of protection. The preservation of existing historic buildings and settings and the promotion of harmonious new construction should be the intended focus of this document. Recognizing a historic amenity and protecting it should not be viewed as a hindrance to new construction and creative architecture. Furthermore, the protection of historic areas in other cities has proven to be a catalyst for development and an important attraction that brings more people to the area for business and shopping.
   "Compatibility" will be the primary guide for the Design Review Board when that body reviews changes in the Downtown District. The objective of the Design Review Board is to ensure the downtown’s future value as the physical representation of Bellefontaine's heritage and not to eliminate progress.
For additional information
please contact:
Downtown Bellefontaine Partnership, Inc.
Hilliker Building, 2nd. Floor
100 S. Main Street
Bellefontaine, OH 43311
937-599-2960 office
937-599-9950 fax
(Ord. 09-64. Passed 8-25-09.)

1113.01 PURPOSE AND INTENT.

    (a)   The City of Bellefontaine has adopted this Access Management Plan to deal with problems associated with traffic congestion and safety caused by construction of additional drives and/or intersecting streets along the road network.
   (b)   This Access Management Plan is based on the following principles:
      (1)   To promote public safety and minimize traffic accidents.
      (2)   To provide necessary and safe access to property.
      (3)   To allow the public to make more efficient use of existing and future roads.
   (c)   The City has adopted this Plan that considers modifications to existing roadways to provide better access management and to establish access management along all new roadways.
(Ord. 08-68. Passed 12-19-08.)

1113.02 ROAD FUNCTIONAL CATEGORIES AND CHARACTERISTICS.

    (a)   The roadways located in the City of Bellefontaine are classified according to their Functional Classification. Functional Classification is the grouping of roads, streets, and highways in a hierarchy based on the type of highway service they provide. Streets and highways do not operate independently. They are part of an interconnected network, and each one performs a service in moving traffic throughout the system. Generally, streets and highways perform two types of service. They provide either traffic mobility or land access and can be ranked in terms of the proportion of service they perform.
   (b)   The functional classification of the roadways in Bellefontaine is based on the manual, Highway Functional Classification - Concepts, Criteria and Procedures, published by the Federal Highway Administration in 1974 and revised in 1989. The streets and roads in the City each have been assigned one of the following classifications:
      (1)   Principal arterial. Functions:
         A.   Serve major activity centers, highest volume corridors, and longest trip demands;
         B.   Carry high proportion of total urban travel on minimum of mileage;
         C.   Interconnect and provide continuity for major rural corridors to accommodate trips entering and leaving urban area and between the central business district and outlying residential areas.
      (2)   Minor arterial. Functions:
         A.   Interconnect with and augment the principal arterials;
         B.   Serve trips of moderate length at a somewhat lower level of travel mobility than principal arterials;
         C.   Distribute traffic to smaller geographic areas than those served by principal arterials;
         D.   Provide more land access than principal arterials without penetrating identifiable neighborhoods;
         E.   Provide urban connections for rural collectors.
      (3)   Collector. Functions:
         A.   Serve both land access and traffic circulation in residential, and commercial/industrial areas;
         B.   Penetrate residential neighborhoods;
         C.   Distribute and channel trips between local streets and arterials.
      (4)   Local. Functions:
         A.   Provide direct access to adjacent land;
         B.   Provide access to higher systems;
         C.   Carry no through traffic movement.
            (Ord. 08-68. Passed 12-19-08.)

1113.03 POINT OF ACCESS TYPES.

   (a)   The following are the different classifications of streets and/or drives regulated:
      (1)   Proposed public streets.
      (2)   Farm or field drives that provide access to tract of land used for agricultural purposes.
      (3)   Single-family residential drives (SF-R).
      (4)   Multi-residential driveways that provide access to multiple single-family residences or to multi-family dwelling units (MR-R).
      (5)   Commercial drives that provide access to office, business, commercial or institutional building or buildings that services fewer than ten trucks per day.
      (6)   Industrial/retail drives that serves a retail center or industrial facility that services ten or more trucks per day.
   (b)   New Point of Access Locations and Spacing Requirements:
Road Classification
Arterials
Collector
Local
Access Type
Proposed Public Streets
In accordance with 1107.04 (f)(4), 1,320 feet
Minimum 500 feet
Minimum 500 feet
Field drives
In accordance with 1107.04 (f)(4), 1,320 feet
1 per field
1 per field
Single-family residential driveways
In accordance with 1107.04 (f)(4), 1,320 feet
Posted Minimum
Speed Distance
55 mph 600 ft.
45 mph 500 ft.
35 mph 250 ft.
25 mph 150 ft.
50 feet minimum, varies by zoning district
Multi-family residential driveways
In accordance with 1107.04 (f)(4), 1,320 feet
Posted Minimum
Speed Distance
55 mph 600 ft.
45 mph 500 ft.
35 mph 250 ft.
25 mph 150 ft.
70 feet minimum, may vary by zoning district
Commercial driveways
In accordance with 1107.04 (f)(4), 1,320 feet
Posted Minimum
Speed Distance
55 mph 600 ft.
45 mph 550 ft.
35 mph 250 ft.
25 mph 150 ft.
In accordance with 1107.04 (h), 200 feet
Industrial/Retail driveways
In accordance with 1107.04 (f)(4), 1,320 feet
Posted Minimum
Speed Distance
55 mph 600 ft.
45 mph 550 ft.
35 mph 250 ft.
25 mph 150 ft.
In accordance with 1107.04 (i), not listed, Recommended 200 feet.
 
(Ord. 08-68. Passed 12-19-08.)

1113.04 GENERAL REQUIREMENTS AND REGULATIONS.

      (a)   The number of driveways afforded any one site shall be minimized (the need for more than one driveway may be required to be substantiated by a Traffic Impact Study).
 
   (b)   It should be noted that these are desirable minimum distances. It is recognized that site frontage and property limits may, by necessity, alter these dimensions. At the same time, the City reserves the right to call for greater spacing distances where feasible.
 
   (c)   Driveways shall be located in accordance with applicable sight distance requirements (Stopping Sight Distance (SSD) and Intersection Sight Distance (ISD) as contained in Section 200 of the ODOT Location and Design Manual).
 
   (d)   A variance to these standards as administered by the City Engineer may be applied for to the Bellefontaine Planning Commission in accordance with the following rules:
      (1)   The request for a variance shall specify, in writing, why the variance is appropriate and necessary and shall document the unique conditions or special circumstances that make it impractical and infeasible to meet the applicable standards and/or requirements of the Access Management Plan. The documentation shall show that the applicant has considered all practical and reasonable alternatives to mitigate the unique conditions or special circumstances, that the alternatives are not feasible or practical, and that, without the variance, the applicant will be deprived of reasonable access.
      (2)   In considering a request for a variance, the City shall determine if:
         A.   The variance meets minimum applicable State, County, or City standards including geometric design, operation, and safety elements - and if the variance is shown to be beneficial to the traveling public.
         B.   The variance is not detrimental to the public health, safety, and welfare.
         C.   The variance does not degrade the planned or intended operation of the roadway system.
      (3)   A variance approval shall be consistent with the guiding principles of the Access Management Plan.
      (4)   When a variance is granted, the documentation of the reason(s) for approving the variance shall be included in the records and files pertaining to the permit.
(Ord. 08-68. Passed 12-19-08.)