Botkins City Zoning Code

SUPPLEMENTAL DISTRICT

REGULATIONS

§ 153.055 INTENT.

The purpose of supplemental district regulations is to set specific conditions for various uses, classifications of uses or areas wherein problems may occur, in order to alleviate or preclude such problems, and to promote the harmonious exercise of property rights without conflict.

(Ord. 03-04, passed - -2002)

§ 153.056 ACCESSORY STRUCTURES.

(A) It is the purpose of this Zoning Code to regulate accessory structures in order to promote public health, safety and welfare. It is the intent of these sections to permit such uses to be established and maintained in a manner which makes them compatible with principal uses and harmonious with uses upon adjacent properties.

(B) Except as otherwise provided in this Zoning Code, an accessory use or structure shall be permitted in association with a principal use or structure provided that:

(1) It shall be 50% or less of the gross floor area of the principal structure in lots of five acres or more;

(2) It shall not contain or be used as a dwelling unit and shall not be located in the front or side yard of any lot;

(3) It shall not exceed 18 feet in height and not exceed height of the primary structure except in lots of five acres or more where the height shall not exceed 35 feet; and

(4) It shall meet all yard requirements of the principal use, except the structure shall be no closer than five feet to the side and rear lot lines, no closer than five feet from a recorded easement, and no closer than ten feet to the principal structure.

(1) Sheds/utility buildings less than or equal to 150 square feet;

(2) Roof-mounted satellite dishes; and

(3) Radio/television antennas.

(Ord. 03-04, passed - -2002)

§ 153.057 SATELLITE DISH ANTENNA REGULATIONS.

Satellite dish antennas shall be permitted as an accessory structure in all zone districts and are subject to requirements as follows:

(A) Ground-mounted satellite dishes installed in residential districts shall be limited to rear yard areas of the rearward portion of the lot or parcel;

(B) Setbacks for all satellite dish installations shall be a minimum of ten feet from any property line, a minimum of 15 feet from public rights-of-way and of a sufficient safe distance from all overhead and/or underground power lines as determined by the Village Administrator;

(C) Roof-mounted satellite dishes shall be limited to a maximum diameter of six feet or less and such installations shall be located on the rearward portion of the roof as viewed from the front yard. Roof installations shall be mounted in accordance with manufacturer’s recommendations and be properly secured to prevent damage from wind and snow loads;

(D) All satellite dish antennas shall be properly grounded, resistant to lightning strikes and meet all National Electrical Code requirements;

(E) All satellite dish antenna systems shall be non-corrosive, designed, engineered, and permanently installed to withstand wind and snow loads specified by the Ohio Basic Building Code;

(F) Maximum diameter of any satellite dish shall not exceed 12 feet;

(G) Maximum overall height for ground-mounted satellite dish antenna systems shall not exceed 15 feet;

(H) Placement of satellite dish antenna systems within any easement shall be prohibited; and

(I) A building/zoning permit shall be required prior to installation of any satellite dish antenna system. Installation instructions, sketches, site plans or other documents shall be submitted in accordance with the Village Administrator’s requirements, for the purpose of verification of each of the provisions of this section. Small satellite dishes under six feet in diameter may be placed anywhere on the property with the minimum height clearance of seven feet and do not require a building/zoning permit.

(Ord. 03-04, passed - -2002)

§ 153.058 RADIO AND TELEVISION ANTENNA REGULATIONS.

Radio and television antennas shall be permitted as an accessory structure in all zone districts and are subject to requirements as follows.

(A) Ground-mounted antenna systems installed in residential districts shall be limited to side and rear yard areas except for guy wires and antenna elements.

(B) Setbacks for all antenna system installations shall be a minimum of five feet from any property line, a minimum of 15 feet from public rights-of-way and of a sufficient safe distance from all overhead and/or underground power lines as determined by the Zoning Administrator. Placement of antenna systems within an easement shall be prohibited.

(C) Roof-mounted antenna systems shall be located on the rearward portion of the roof as viewed from the front yard and shall be limited to a maximum height of 15 feet above the highest roof peak. Roof installations shall be mounted in accordance with manufacturer’s recommendations and be properly secured to prevent damage from wind and snow loads.

(D) Ground-mounted antenna systems in residential and commercial districts shall not exceed a maximum overall height of 60 feet. Maximum overall height for ground-mounted TV antenna systems shall not exceed 15 feet above the highest roof peak of the principal structure or 60 feet total, whichever is least.

(E) All antenna systems shall be properly grounded, resistant to lightning strikes and meet all National Electrical Code requirements.

(F) All antenna systems shall be non-corrosive, designed, engineered, and permanently installed to withstand wind and snow loads specified by the Ohio Basic Building Code.

(Ord. 03-04, passed - -2002)

§ 153.059 BUFFER AND TRANSITION BETWEEN RESIDENTIAL/COMMERCIAL AND RESIDENTIAL/INDUSTRIAL ZONED PROPERTIES.

(A) Under those circumstances where the development of either a single-family residential project is proposed to occur adjacent to or abutting property zoned and/or used for industrial or commercial purposes, or in the case where an industrial or commercial project is proposed to occur adjacent to or abutting property zoned or used for single-family residential purposes, the owner or developer of the project must undertake improvements to provide for the creation of a suitable transition and buffer between the non-compatible uses. The purpose of the buffer is to obscure non-compatible uses and diminish the impact that the industrial or commercial activity may have on the environment found in the single-family residential area. It is intended to protect the interest of the existing or future occupant of the residential area. This requirement would only be triggered when new development occurs; it does not apply to existing conditions.

(B) The following provisions shall apply with respect to screening.

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

(a) A visual barrier to partially or completely obstruct the view of structures or activities;

(b) An acoustic screen to aid in absorbing or deflecting noise; or

(2) Screening may consist of one of the following, or a combination of two or more, as determined by the Village Administrator or Board of Zoning Appeals, in the event of an appeal, variance, or conditional use:

(a) A solid masonry wall;

(b) A solidly constructed decorative fence;

(d) A dense vegetative planting; or

(e) A landscaped mounding.

(3) Height of screening shall be in accordance with the following.

(a) Visual screening walls, fences, plantings or mounds shall be a minimum of six feet high in order to accomplish the desired screening effect, except in required front and side yards where the maximum height shall not be greater than three and one-half feet. Fences in front yards are not permitted to be solid fences. Plantings shall be minimum of four feet in height at the time of planting.

(b) A dense vegetative planting with a minimum height of four feet at planting and a mature height of at least six feet or greater, or a solidly constructed decorative fence, shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent land zoned for residential uses, except for the portion of such boundary located within a required front yard.

(4) Screening for purposes of absorbing or deflecting noise shall have a depth of at least 15 feet of dense planting or a solid masonry wall in combination with decorative plantings. The height shall be adequate to absorb noise as determined by Village Administrator in relation to the nature of the use.

(5) Whenever required screening is adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles.

(6) All screening shall be trimmed, maintained in good condition and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

(7) The installation of the buffer and transition area must not interfere with existing storm water drainage flow patterns or utilities which may be located within easement areas, unless suitable measures are undertaken to alleviate problems that might be caused by the installation of the buffer.

(8) The buffer must commence on the lot line between the subject properties, unless precluded by insurmountable problems posed by the location of utilities or easements, on the property which is subject to development. If insurmountable conditions prohibit the commencement of the buffer and transition area on the property line, the commencement shall occur in an area as close as possible to the common lot line. The Village Administrator may permit the installation of the obscuring wall on the opposite side of an alley, street or right-of-way when mutually agreeable to the affected property owners.

(9) Outdoor storage of materials is not permitted in residential districts. Outdoor storage of material shall be allowed in non-residential districts; provided that such materials are enclosed and secured, and in no case shall such materials be stored higher than six feet in height. All storage and service areas shall be screened from view from the perimeter of the site with fencing and/or view-obscuring landscaping not to exceed six feet from the ground. Said fencing or landscaping shall be maintained in good condition by the owner.

(Ord. 03-04, passed - -2002)

§ 153.060 PRINCIPAL BUILDING PER LOT.

Only one principal building shall be permitted on each lot in any zoning district, subject to the provisions established in each district. However, in all districts permitting commercial or industrial uses, it is permissible to erect more than one principal building devoted to such commercial or industrial use on the same lot. The development of planned unit developments, as well as approved site plans, shall also be exempt from this provision.

(Ord. 03-04, passed - -2002)

§ 153.061 REQUIRED REFUSE COLLECTION AREAS.

The refuse collection areas provided by all multi-family residential, commercial, and industrial uses for the collection of trash, garbage, and other refuse shall be enclosed on three sides by a solid wall, fence, or shrubbery of at least five feet in height, unless within an enclosed building or structure. Provisions shall be made for regular and adequate vehicular access to such areas for collection purposes, as determined necessary by the Village Administrator. Storage areas of proper density in residential districts shall utilize such additional screening as required in this Zoning Code.

(Ord. 03-04, passed - -2002)

§ 153.062 FENCES, WALLS AND HEDGES.

In order to protect and screen property, prevent unintended access to commercial and industrial sites, provide security and privacy to property owners, provide a physical and visual barrier between different land uses, define property lines, and improve the overall aesthetic appearance of a lot, the following standards shall apply to all zoning districts.

(A) A fence, wall, hedge, or other barrier may be located in the rear or side yard in any district, provided the following.

(1) In residential districts, the height of the fence, wall or barrier shall not exceed six feet above the ground except when surrounding a tennis court, where it shall not exceed ten feet in height, excluding post height. Hedges shall not exceed eight feet in height.

(2) In non-residential districts, the height of the fence, wall, hedge or barrier shall not exceed ten feet above the ground, excluding post height.

(3) A fence, wall, hedge or other barrier may not be located in any utility easement.

(4) On corner lots, fences, walls or hedges which obstruct visibility may not exceed three feet in height along the lot lines abutting the street.

(B) Special requirements for placing a fence, wall, hedge or other barrier in a front yard in any district are as follows.

(1) The fence, wall, hedge or barrier shall be ornamental in nature, meaning it does not enclose the yard, does not have a gate and is clearly intended to decorate the yard rather than to contain it.

(2) The fence, wall, hedge or barrier shall not exceed three and one-half feet above the ground, excluding posts.

(3) The fence, wall, hedge or barrier shall not be located closer than three feet to the lot line along the street frontage nor shall it be located in the required sight triangle of corner lots.

(D) All fence installation or modification requires a building/zoning permit.

(Ord. 03-04, passed - -2002)

§ 153.063 PROJECTIONS INTO REQUIRED YARDS.

(A) Chimneys, flues, sills, pilasters and other similar features may project into a required side yard a maximum of 12 inches. Roof overhangs may extend into a required side yard, a maximum of 12 inches.

(B) No structure may project into a required front yard. However, steps, not porches, may extend from the dwelling into the required front yard a maximum of ten feet.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.064 VISIBILITY AT INTERSECTIONS.

Vision clearance/sight triangle as defined in this Zoning Code is required on all corner lots at the street corner. The Village Administrator is hereby empowered to cause all obstructions to be removed in the interest of public safety.

(Ord. 03-04, passed - -2002)

§ 153.065 TEMPORARY USES.

(A) The following regulations are necessary to govern certain uses which are of a non-permanent nature. For such uses requiring a temporary use permit, at least seven days before the instigation of such use, an application for a temporary use permit shall be made to the Village Administrator, which shall contain a graphic description of the property to be used, a description of the proposed use, and a site plan, with sufficient information to determine the yard, setback, parking, and sanitary facility requirements for the proposed temporary use.

(B) Temporary uses of public land are exempt from the requirements of this section.

(C) The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located.

(1) Real estate sales offices, which shall contain no living accommodations, shall be permitted within any district for any new subdivision for a period of one year, except that two extensions not to exceed six months each may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein, or upon the expiration of the temporary use permit, whichever occurs first.

(2) Temporary buildings, offices, and equipment and storage facilities required in conjunction with construction activity may be permitted within any district for a period of one year, except that six-month extensions may be granted if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction or upon expiration of the temporary use permit, whichever occurs first.

(3) Temporary sales and services may be permitted within parking areas within any commercial district. A building/zoning permit valid for a period not to exceed four consecutive days shall only be issued three times within any 12-month period to any individual or organization. The application for the temporary use permit shall be accompanied by written permission of the property owners and shall be prominently displayed at the site. The Village Administrator shall not issue a permit for such temporary use if he or she determines that it encroaches upon more than 25% of the required parking area.

(4) Temporary retail sales and services, such as the sale of plants, flowers, arts and crafts, farm produce, or similar items on lots other than parking lots, including any lot on which an existing business is operating or on which a business is vacated, may be permitted for any for-profit individuals or organizations in any commercial district. A temporary use permit valid for a period not to exceed two consecutive days shall only be issued three separate times for any particular lot within any 12-month period, and not more than one permit may be issued at the same time for any lot. The applicant must submit a current vendor’s license or transient vendor’s license, and a written statement from the property owner giving permission for such use. This section shall not be interpreted to prohibit any such use in any case where a valid covenant or deed restriction specifically authorizes such use. In any case, the temporary use permit shall be prominently displayed at the site.

(5) Garage sales, which for the purposes of this section shall include yard sales, barn sales and similar activities, may be permitted within any district in which dwellings are permitted. Any individual or family may conduct two such sales within any 12-month period upon the property at which he or she reside for a period not to exceed three consecutive days without obtaining a temporary use permit, so long as the provisions of this Zoning Code pertaining to signs and parking are observed. Garage sale permits shall only be issued to groups of families, neighborhood organizations, and community organizations two times within any 12-month period and shall not exceed a period of three consecutive days, so long as the provisions of this Zoning Code pertaining to signs and parking are observed.

(Ord. 03-04, passed - -2002)

§ 153.066 SWIMMING POOLS/PONDS.

Swimming pools or ponds in excess of 30 inches in depth shall comply with the following requirements:

(A) The swimming pool/pond is intended to be used and is used solely for the enjoyment of the occupants of the property on which it is located and their guests;

(B) The swimming pool/pond may be located anywhere on the premises except in required side or front yards; provided that it shall not be located closer than five feet to any rear or side rear property line or easement and/or directly under any type of electrical wiring;

(C) The swimming pool/pond, or the entire property upon which it is located, shall be walled or fenced in such a manner as to prevent uncontrolled access by children from the street and from adjacent properties. Fence shall be at least six feet in height, and it shall be maintained in good condition with a self-closing, latching gate and lock. Aboveground pools that have integral fences or railings and have a swing up securing/locking ladder is acceptable in lieu of fence; and

(D) All swimming pools/ponds require a building/zoning permit.

(Ord. 03-04, passed - -2002)

§ 153.067 HOME OCCUPATIONS.

(A) Home occupations are accessory uses in the R-1, R-2 and R-3 Districts.

(B) Only members of the immediate family occupying such dwelling shall be employed in such occupation.

(C) The use of the dwelling unit for the home occupation shall be clearly subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor of the principal structure shall be used in conducting the home occupation.

(D) There shall be no change in the outside appearance of the building or premises, or other visible evidence of conducting the home occupation other than one sign, not exceeding four square feet in area, non-illuminated, and mounted flat against the wall of the building.

(E) No electrical or mechanical equipment shall be used except such as may be used for domestic or household purposes. In addition, electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuation in line voltage outside the dwelling unit or which creates noise not normally associated with residential uses shall be prohibited.

(F) No offensive noise, vibration, smoke, or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effect shall be produced therein or therefrom.

(G) No additional parking demand shall be created.

(H) Examples of prohibited home occupations include, but are not limited to, the following:

(1) Appliance repair;

(2) Light assembly, manufacturing or fabricating;

(3) Motor vehicle repair, painting or body work, including reupholstery, detailing or washing;

(4) Small engine repair, lawn and garden equipment repair;

(5) Veterinary offices and kennels; and

(6) Warehousing of any type; and welding or machine shop.

(I) All owners of home occupations shall register for village income tax.

(J) No home occupations shall be conducted in any accessory building.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.068 RESIDENTIAL DESIGN AND APPEARANCE STANDARDS.

Single-family, two-family and multi-family residential dwellings, whether of modular or site-built construction, shall comply with the following design and appearance standards.

(A) The structure shall be installed upon and properly attached to a foundation system that provides adequate support of the structure’s vertical and horizontal loads, and transfers these and other imposed forces, without failure, from the structure to the undisturbed ground below the frost line.

(B) Minimum roof pitch requirements entailing a four-inch vertical rise for each 12 inches of horizontal run.

(C) Roofing material shall be either wood shingle, wood shake, synthetic or composite shingle, ceramic tile, concrete tile, asphalt, or fiberglass shingle (no corrugated metal or corrugated fiberglass).

(D) Exterior siding shall be one or a combination of materials such as brick, stone, stucco, clapboard or clapboard-simulated vinyl or metal, wood shingles, shakes, or similar material (no smooth, ribbed, or corrugated metal, fiberglass, or plastic); siding must extend to the ground level, or to the top of the foundation when a solid concrete or masonry perimeter foundation is used.

(E) Structure size shall be a minimum width of 25 feet.

(F) Attached enclosed garages with overhead doors for single-family and two-family residences for each dwelling are required on all new structures.

(Ord. 03-04, passed - -2002)

§ 153.069 ADULT ENTERTAINMENT FACILITIES.

(A) Intent. The intent of this Zoning Code is to regulate adult uses, also known as sexually-oriented businesses, through the application of uniform zoning and licensing requirements to promote the health, safety, morals, and general welfare of the citizens of the village and to establish reasonable and uniform regulations for the operation of sexually-oriented businesses with the goal of reducing or eliminating the adverse secondary effects associated with sexually-oriented businesses. It is not the intent of this Zoning Code to limit or restrict the content of communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this Zoning Code to restrict or deny access by adults to materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT USES, SEXUALLY-ORIENTED BUSINESSES or ADULT ENTERTAINMENT FACILITY. Businesses defined as below.

(a) ADULT BOOK STORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which devotes a significant portion of its interior business or advertising (25% or more of its retail floor space) to the sale or rental, for any form of consideration, or any one or more of the following:

1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, DVD, CD-ROM, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical area as defined herein; or

2. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.

(b) ADULT CABARET. A night club, bar, restaurant or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude or semi-nude; live performances which are characterized by the exposure of specified anatomical area or by specified sexual activities, or films, motion pictures, video cassettes, DVD, CD-ROM, slides, or other photographic reproductions which are characterized by the exposure of specified anatomical area or by specified sexual activities.

(c) ADULT MOTEL. A motel, hotel or similar commercial establishment which offers public accommodation, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, DVD, CD-ROM, slide or other photographic reproductions which are characterized by the exposure of specified anatomical area or by specified sexual activities.

(d) ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, DVD, CD-ROM, slide or similar photographic reproductions which are characterized by the exposure of specified anatomical area or by specified sexual activities are shown for any form of consideration.

(e) ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons, who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical area or by specified sexual activities.

(f) ESCORT AGENCY. A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for any form of consideration.

(g) MASSAGE PARLOR. Any place where, for any form of consideration, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or, where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. This definition shall not include the practice of massage in any licensed hospital, nor by any licensed hospital, licensed physician, chiropractor or osteopathy; nor by any nurse or technician working under the supervision of a license physician, chiropractor, or osteopath; nor by any trainers for amateur, semi-professional, or professional athlete or athletic team or school athletic program; nor by any license massage therapist licensed in the state pursuant to R.C. § 4731.15.

(h) NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of nudity or displays specified anatomical area is provided for any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted.

(i) SEXUAL ENCOUNTER ESTABLISHMENT. A commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where people may congregate, associate, or consort for the purpose of sexually specified activities or the exposure of specified anatomical areas or activities where one of more of the persons is in a state of nudity. This definition shall not include an establishment where a medical practitioner, psychiatrist or similar professional persons licensed by the state engages in medically approved and recognized sexual therapy.

EMPLOYEE. A person who works or performs in and/or for a sexually-oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business.

ESCORT. A person, who, for any form of consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESTABLISHMENT. Any of the following:

(a) The opening or commencement of any sexually-oriented business as a new business;

(b) The conversion of an existing business, whether or not a sexually-oriented business, to any of the sexually-oriented businesses defined in this Zoning Code;

(c) The addition of any of the sexually-oriented businesses defined in this Zoning Code to any other existing sexually-oriented business; or

(d) The relocation of any such sexually-oriented business.

NUDITY or STATE OF NUDITY. The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering; or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

OPAQUE. Not allowing visibility through.

OPERATOR. The owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.

PERMITTED OR LICENSED PREMISES. Any premises that requires a license and/or permit and that is classified as a sexually-oriented business.

PERMITTEE and/or LICENSEE. A person in whose name a permit and/or license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

PROTECTED USES. The uses listed below.

(a) RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

(b) RESIDENTIAL DISTRICT OR USE. A single-family, duplex, townhouse, multiple-family, retirement or nursing home, or mobile home park.

(c) SCHOOL. Any public or private educational facility, including but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. SCHOOL includes the school grounds, but does not include any facilities used primarily for another purpose and only incidentally as a SCHOOL.

SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernable turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES.

(a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;

(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(d) Human genitals in a state of sexual stimulation or arousal.

SPECIFIED CRIMINAL ACTS. Sexual crimes against children, sexual abuse, rape, gross sexual imposition and other crimes connected with sexually-oriented businesses including, but not limited, to distribution of obscenity or other material harmful to minors, pandering, prostitution, tax violations in connection with a sexually-oriented business, or acts prohibited by R.C. §§ 2907.24, 2907.241 or 2907.25.

SUBSTANTIAL ENLARGEMENT OF A SEXUALLY-ORIENTED BUSINESS. Increase in the floor area occupied by the business by more than 15%, as the floor area exists as of the adoption of this Zoning Code.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY-ORIENTED BUSINESS.

(a) The sale, lease or sublease of the business;

(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

(c) The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

(1) Adult uses shall be established only in zoning districts where they are primarily permitted.

(2) A sexually-oriented business lawfully operating as a conforming use is not rendered non-conforming by the subsequent location of a protected use within 1,000 feet of the sexually-oriented business unless its permit and/or license has expired or been revoked.

(D) Permit required.

(1) No sexually-oriented business shall be permitted to operate without a valid sexually-oriented business permit issued by the village. Operation of such a business without a permit is a misdemeanor.

(2) The Village Administrator and Police Chief are jointly responsible for granting, denying, revoking, renewing, suspending and canceling permits for proposed or existing sexually-oriented businesses. To be approved, applications must comply with all the locational and zoning requirements of the village.

(3) Applications must be made on a form provided by the village. Applicants must provide an original and two copies of a sworn application which must contain the following information and documents:

(a) If the applicant is:

1. An individual; the individual’s legal name, aliases and proof of age over 18 by birth certificate or driver’s license, and Social Security number;

2. A partnership; the complete name, all partner’s names and a copy of any partnership agreement; or

3. A corporation; its complete name, date of corporation; names of all officers, directors and stockholders owning 10% or more of the shares, name and address of its registered agent, and evidence of good standing under state law.

(b) The name of the sexually-oriented business if different from the applicant’s name and any registration documents;

(c) Whether the applicant or other individual(s) named in the application has been convicted of a misdemeanor criminal act within the five years immediately preceding the application date, or any felony regardless of the date of conviction, and, if so, the act involved and the date and place of the conviction;

(d) Whether the applicant or other individual(s) named in the application has had a sexually-oriented business permit revoked, suspended, or denied and the name of the business, the municipality or county of occurrence, and the date on which the permit was suspended, revoked, or denied;

(e) Whether the applicant or other individual(s) named in the application held any other sexually-oriented business permits and the names and locations of all other such businesses;

(f) The proposed location of the business, including a legal description of the property, street address and telephone number;

(g) The business and residential addresses and telephone numbers of the applicant and other individuals named in the application. If the applicant or other individual(s) named in the application has been at his, her or its current address for less than five years, then all business and residential addresses of each individual for five years prior to the date of application must be included and the dates he or she was at each address indicated.

(h) The driver’s license number, Social Security number, tax identification number, and recent photograph of the applicant and other individual(s) named in the application;

(i) A current certificate and straight line drawing prepared by a registered land surveyor depicting the property lines of the proposed business and the property lines of any existing protected use within 1,000 feet of the proposed business. A protected use is established if it is in existence at the time the application is submitted;

(j) The application must be signed by the individual applicant and all individual(s) named in the application; and

(k) A signed release indicating the applicants understanding that the village, county, and state criminal records checks, going back five years before the date of the application, will be performed for the applicant and all individual(s) named in the application.

(4) Applicants are under a continuing duty to promptly update their application information. Failure to do so within 30 days of the date of a change in application information shall be grounds for permit suspension.

(5) If the Village Administrator learns an applicant has improperly completed the permit application, the Administrator shall promptly notify the applicant and allow ten days for correction.

(6) A $100 non-refundable application fee is due at the time the applicant files an application.

(7) Concurrent with obtaining a permit to operate a sexually-oriented business, the applicant shall obtain certification that the proposed location complies with the location requirements of this Zoning Code.

(8) The possession of other types of state or village permits and/or licenses, including a liquor license, does not exempt an applicant from the requirement of obtaining a sexually-oriented business permit.

(9) By filing an application, the applicant shall be deemed to have consented to the provisions of this Zoning Code and to the investigation of the application by the Village Administrator and his or her designees.

(10) The applicant is required to provide the village with the names of all employees required to be licensed by this Zoning Code. This obligation continues even after a permit is granted or renewed.

(11) A sexually-oriented business permit may be renewed annually upon written application, subject to payment of the annual permit fee and that the permit holder is still in conformance with the permit requirements.

(E) Application investigation process. Upon receipt of an application, the village shall investigate to determine if the requirements of this Zoning Code have been met.

(F) Issuance of permit.

(1) An application shall be granted or denied within 60 days from the date of its proper filing.

(2) Grant of application for permit:

(a) An application shall be granted if the requirements of this Zoning Code are met.

(b) The permit shall state on its face the name of the person or persons to whom it is granted and the address of the sexually-oriented business and the permit expiration date. The permit shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so it can be read at any time.

(3) Denial of application for permit:

(a) An application for permit may be denied for any of the following reasons:

1. An applicant or any individual named in the application is under 18 years of age;

2. An applicant or any individual named in the application is overdue on the payment of taxes, fees, fines or penalties assessed by the village in relation to a sexually-oriented business;

3. An applicant has failed to provide information as required by this Zoning Code or has supplied false information;

4. The $100 application fee has not been paid;

5. The proposed business does not comply with the requirements of this Zoning Code to be 1,000 feet from a protected use;

6. To grant the application would violate a statute, ordinance or court order;

7. The applicant has a permit under this Zoning Code which has been revoked or suspended;

8. The applicant has been convicted of a specified criminal act with the time limitation stated; and

9. An applicant has in his/her employ an employee who does not have a valid license as required by this Zoning Code.

(b) Applicants shall be promptly notified of an application denial and the reason(s) for denial.

(G) Annual permit fee. The annual fee for a sexually-oriented business is $850.

(H) Inspection. Representatives of the Police Department shall be permitted to enter a sexually-oriented business to determine compliance with the requirements of this Zoning Code at any time it is occupied or open for business. Failure to allow inspection is unlawful and is a misdemeanor.

(I) Expiration of permit. Each permit shall expire one year from the date of issuance and may be renewed by making an application at least 60 days before the expiration date, but no sooner than 90 days before the expiration date. If a renewal is denied, a new permit shall not be issued for one year from the date of denial. If the basis for denial has been corrected and at least 90 days have elapsed from the date the denial became final, a new permit may be granted.

(J) Suspension of permit. A permit to operate a sexually-oriented business may be suspended until the violation causing the suspension has been corrected; provided the period is not to exceed 30 days, if a permittee or an employee of a permittee:

(1) Violates or is not in compliance with this Zoning Code;

(2) Works at the sexually-oriented business while under the influence of alcohol or of a controlled substance;

(3) Refuses to allow an inspection of the sexually-oriented business in accordance with this Zoning Code;

(4) Permits gambling on the premises of the sexually-oriented business;

(5) Transfers the sexually-oriented business permit to another in violation of this Zoning Code; or

(6) Employs a person without a valid employee license as required by this Zoning Code.

(K) Revocation of permit.

(1) A permit to operate a sexually-oriented business shall be revoked upon a determination that either a permit is to be suspended for a second time within a 12-month period or that a permittee or an employee of a permittee:

(a) Gave false or misleading information on the permit application which enhanced the permittee’s opportunity to obtain a permit;

(b) Allowed the possession, sale or use of a controlled substance on the premises;

(d) Operated the business while under permit suspension;

(e) Has been convicted of a specified criminal act for which the time period required has not elapsed;

(f) Committed a specified criminal act on the permitted premises on one or more occasions within a 12-month period while employed by the permit holder;

(g) Has been convicted of tax violations for taxes or fees related to a sexually-oriented business;

(h) Allowed any act of sexual intercourse, sexual conduct or any other specified sexual activities to occur in or on the permitted premises; or

(i) Operated more than one sexually-oriented business under one roof.

(2) A permit shall be revoked for one year and a permittee shall not receive any other permits for any other sexually-oriented businesses during the one year revocation period. If the basis for revocation is corrected, the applicant may be granted a new permit if at least 90 days have elapsed since the date the revocation became effective.

(L) Judicial review of permit denial, suspension or revocation. An applicant or permittee may seek review of a denial of an application, denial of a renewal of an application, suspension or revocation of a permit through the Village Council. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek review of the administrative decision in the County Court of Common Pleas.

(M) Transfer of a permit.

(1) A permittee shall not operate a sexually-oriented business at any place other than the address designated in the application for permit.

(2) A permittee shall not transfer a permit to another person unless that person:

(a) Obtains an amendment to the permit upon the satisfactory completion of an application; and

(b) Pays a transfer fee of 20% of the annual permit fee.

(3) A permit may not be transferred when the permittee has been notified that suspension or revocation proceedings have been brought against the permittee.

(4) A permit shall not be transferred to another location.

(5) Any transfer attempted in violation of this Zoning Code is void and will revoke the permit.

(N) Sexually-oriented business employee license.

(1) All employees of a sexually-oriented business are required to obtain a sexually-oriented business employee license (employee license). Each applicant shall pay a permit fee of $25 to cover reasonable administrative costs.

(2) On a form provided by the village, the applicant shall provide his or her:

(a) Name, including any stage names or aliases;

(b) Age, birth date and birthplace;

(d) Height, weight and hair and eye color;

(e) State driver’s license or identification number and Social Security number;

(f) Proof of minimum age of 18;

(g) A color photograph and fingerprints on a form provided by the village;

(h) A statement detailing the license or permit history of the applicant for the previous five years including information as to whether a permit had ever been denied, revoked or suspended; the reason for such action; the date of such action; and the jurisdiction in which such action occurred;

(i) Information as to whether the applicant has been convicted of a specified criminal act and the date, place, jurisdiction and nature of such conviction; and

(j) A signed release indicating the applicant’s understanding that village, county and state criminal records checks, going back five years before the date of the application, will be performed for the applicant.

(3) The application review shall be completed within 15 days of filing. The employee license shall be issued unless the village finds that:

(a) The applicant knowingly made a false, misleading or fraudulent statement of material fact;

(b) The applicant is under 18 years of age;

(d) The license is to be used in a business prohibited by this Zoning Code or other state or local law; or

(e) The applicant has had an employee license revoked within two years of the date of the current application.

(4) An employee license may be renewed annually upon written application subject to the payment of a $10 renewal fee and a finding that the applicant is still in conformance with the application requirements.

(O) Operation of sexually-oriented businesses. A person commits a misdemeanor if he or she operates or causes to be operated a sexually-oriented business:

(1) In any matter except as provided under this Zoning Code;

(2) Within 1,000 feet of any protected use;

(3) Within 500 feet of any other sexually-oriented business;

(4) In the same building as an existing sexually-oriented business, or causes the substantial enlargement of any sexually-oriented business;

(5) Without a valid permit as required by this Zoning Code; or

(6) In any zoning district other than I (Industrial).

(P) Minors prohibited. A person commits a misdemeanor if he or she operates or causes to be operated a sexually-oriented business and knowingly or with reasonable cause to know, permits, suffers or allows:

(1) A person under 18 years of age to be admitted, remain, or purchase goods or services at the business premises without the specific consent of a parent or guardian; or

(2) A person under 18 years of age to be employed at the premises.

(Q) Advertising and lighting regulations. A person commits a misdemeanor if he or she operates or causes to be operated a sexually-oriented business and:

(1) Advertises the presentation of any activity prohibited by this Zoning Code or other local or state regulation;

(2) Displays or exhibits the materials and performances in advertising which is visible outside the premises except for advertising showing the existence or location of a sexually-oriented business;

(3) Allows any portion of the interior premises to be visible from outside the establishment; or

(4) Fails to illuminate the premise entries and off-street parking areas from dusk until closing with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and walkways.

(R) Hours of operation. A person commits a misdemeanor if he or she operates or causes to be operated a sexually-oriented business and allows the business to remain open, or to permit any employee to engage in a performance, solicit a performance, make a sale, provide a service or solicit a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day. Any employee who engages in the above activity also commits a misdemeanor.

(S) Nudity prohibited. Public nudity is prohibited in sexually-oriented businesses. Any sexually-oriented business which is found in violation of this Zoning Code shall have its permit suspended in addition to any other penalty provided by law.

(T) Criminal penalties for the operation of a sexually-oriented business without a valid permit. In addition to the criminal penalties found in other sections of this Zoning Code, it shall be unlawful and a person commits a misdemeanor if he or she operates or causes to be operated a sexually-oriented business and knows or should know that the business does not have a sexually-oriented business permit or has a permit which has expired or which has been suspended or revoked.

(U) Exemptions.

(1) It is a defense to prosecution for violation of this Zoning Code that a person appearing in a state of nudity did so in a modeling class operated:

(a) By a college, junior college, or university supported in whole or in part by taxation;

(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college junior college, or university supported entirely or partly by taxation; or

1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

2. Where, in order to participate in a class a student must enroll at least three days in advance of the class; and

3. Where no more than one nude model is permitted at a time.

(2) It is a defense to prosecution that an employee of a sexually-oriented business exposed any specified anatomical area during the bona fide use of a rest room or dressing room accessibly only to employees.

(V) Immunity from prosecution. The village, Police Department and all other village offices, agents, and employees charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually-oriented business while acting within the scope of authority conferred by this Zoning Code.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.070 MOBILE HOMES ON INDIVIDUAL PARCELS (LOTS).

It is the intent of this Zoning Code that no mobile home shall be permitted in any zoning district other than in R-3 as a conditional use in a mobile home park, except those which exist in other districts prior to the enactment of this Zoning Code. Mobile homes which are in place on individual parcels (lots) at the enactment of this Zoning Code may continue; provided the following conditions are met.

(A) An existing mobile home is a vehicle or mobile structure more than 40 feet long, on wheels, skids, rollers, or blocks, designed to be pulled, pushed, or carried by motor vehicle on a highway, and designed for living as a one-family dwelling, complete and ready for occupancy as such except for minor and incidental packing and assembly operations, location on permanent foundations, connections to utilities, and the like.

(B) (1) An existing mobile home may be replaced by a newer mobile home of the same or larger size as long as the minimum zoning lot requirements of the district in which it is located are met.

(2) If in so replacing the existing mobile home, it is not physically possible to meet the minimum zoning lot requirements of this Zoning Code, the replacement will be permitted as long as the yard setbacks of the existing mobile home being replaced are maintained. In no way shall the non-conforming yard setbacks be decreased.

(C) If an existing mobile home is removed from said individual parcel (lot) for a period of three months or longer, the use of the parcel (lot) reverts to that for which that district is zoned, and no mobile home will be permitted thereafter.

(D) The Planning Commission may approve the establishment of a mobile home park on application which shall be accomplished by a detailed plan that includes sanitary and water facilities and other data as required. Should the Planning Commission approve such mobile home park, mobile homes may thereafter be located there in conformance to the application as approved using the criteria listed below (see § 153.136).

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.071 BED AND BREAKFAST INNS.

Bed and breakfast inns may be approved when the following conditions are met.

(A) The applicant shall provide a site plan showing the lot proposed to contain the bed and breakfast inn, existing structures, proposed improvements, parking, signage, and screening and a floor plan indicting the proposed operations.

(B) The bed and breakfast inn shall maintain a register listing the name, address, phone number and dates of stay of all paying guests. The registry shall be made available for inspection by the village.

(D) There shall be no change in the outside appearance of the building or lot or other visible evidence of the conduct of the bed and breakfast inn that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a single-family dwelling.

(E) Signage shall be permitted as non-illuminated, not to exceed four feet square and not to be placed above the first story and as indicated in §§ 153.170 through 153.182.

(F) One off-street parking space shall be provided for every guestroom in addition to the off-street parking otherwise required for a one-family dwelling. All off-street parking shall be screened in accordance with §§ 153.150 through 153.159. Off-street parking for guests may be double-stacked. On-street parking on public rights-of-way (where permitted) adjacent to the lot may be counted to reduce the number of parking spaces required.

(G) No kitchen facilities within individual rooms. No kitchen or cooking facilities shall be permitted within the individual guestrooms.

(H) The percentage of structure occupied by the bed and breakfast inn shall be no more than 50% of the gross floor area of the single-family dwelling may be occupied by the inn.

(I) Rental of the bed and breakfast inn for special gatherings such as wedding receptions and parties shall be prohibited.

(J) The applicant shall submit the proposed bed and breakfast inn to the County Community Development Department for review and a written certificate of occupancy shall be presented to the Village Administrator prior to the issuance of a building/zoning permit.

(K) The plans for the proposed bed and breakfast inn shall be reviewed by Fire Chief, and a building/zoning permit shall not be issued by the Village Administrator until the Fire Chief has inspected the bed and breakfast inn.

(L) The applicant shall submit the proposed bed and breakfast inn to the County Health Department for review.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.072 AUTOMOBILE WASHING FACILITIES.

(A) All washing activities shall be carried on within an enclosed building, except for entrance and exit doors which may be left open during the hours of operation.

(B) The minimum site size shall be 15,000 square feet, with no less than 100 feet of frontage.

(C) Automobile washing structures shall be located at least 50 feet from any adjoining residential property and shall be no closer than ten feet from side property lines.

(D) Vacuuming or steam cleaning equipment may be located outside a building, but shall not be placed closer than 50 feet to any adjacent residential property and at least 20 feet from a public right-of-way.

(E) Water or residue from the washing process shall not be allowed to drain from the site containing such establishment.

(F) All parking and access drives shall be hard-surfaced and dust-free.

(G) The following waiting and parking requirements shall be minimum requirements.

(1) A minimum of six off-street waiting spaces shall be provided for every bay of a self-service washing facility, and a minimum of ten off-street waiting spaces shall be provided for every bay with automatic or assembly-line type washing facilities. Waiting spaces shall not block or otherwise interfere with site circulation patterns.

(2) A minimum of two parking spaces shall be provided at the exit end of each washing bay for drying and hand finishing of vehicles.

(3) One parking space for each regular employee of the premises with a minimum of two employee parking spaces for the site.

(H) A solid fence, wall or evergreen shrubbery at least six feet in height shall be required when an automobile washing facility is adjacent to a residential district or adjacent to any residential property.

(I) Access shall only be from arterial or commercial collector streets to which the automobile washing facility shall adjoin. Alleys shall not be used for access to or from an automobile washing facility, nor shall alleys be used for maneuvering, waiting or parking purposes.

(Ord. 03-04, passed - -2002)

§ 153.073 WIRELESS TELECOMMUNICATIONS FACILITIES.

(A) Intent. The intent of this Zoning Code is to regulate the placement, construction, and modification of facilities and their support structures in order to promote and protect the public health, safety, and welfare, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Miami Valley Region. Specifically, the purposes of this section are:

(1) To direct the location of various types of towers and facilities into appropriate areas of the village;

(2) To protect residential areas and land uses from potential adverse impacts of towers and facilities;

(3) To minimize adverse visual impacts of towers and facilities through careful design, siting, landscaping and innovative camouflaging techniques;

(4) To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers;

(5) To avoid potential damage to adjacent properties caused by towers and facilities by ensuring such structures are soundly-designed, constructed and modified; are appropriately maintained; and are fully removed; and

(6) To the greatest extent feasible, ensure that towers and facilities are compatible with surrounding land uses and natural settings.

(B) Applicability. All towers, antenna support structures and facilities, any portion of which are located within the village, are subject to this Zoning Code. Except as provided herein, any use being made of an existing tower or antenna support structure on the effective date of this Zoning Code shall be deemed a non-conforming structure and allowed to continue, even if in conflict with the terms of this Zoning Code. Any tower site that has received approval in the form of a building/zoning permit issued by the village, but has not yet been constructed or located, shall be considered a non-conforming structure so long as such approval is current and not expired.

(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANTENNA. Any panel, whip, dish or other apparatus designed for communications through the sending and/or receiving of electromagnetic waves, excluding any support structure other than brackets.

ANTENNA SUPPORT STRUCTURE. Any building or other structure other than a tower which can be used for location of facilities.

CELLULAR COMMUNICATION SERVICES. Personal communications accessed by means of cellular equipment and services.

CELLULAR OR WIRELESS COMMUNICATIONS ANTENNA. Any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services, and ground-wired communications systems including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whips and equipment utilized to serve personal communication services.

CELLULAR OR WIRELESS COMMUNICATIONS SITE. Any tract of land, lot, or parcel that contains the cellular or wireless communications tower, antenna, support structure(s), parking, and any other uses associated with and ancillary to cellular or wireless communications transmission.

CELLULAR OR WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. Any building or structure accessory to, but necessary for the proper functioning of the cellular or wireless communications antenna or tower.

CELLULAR OR WIRELESS COMMUNICATIONS TOWER. Any freestanding structure used to support a cellular or wireless communications antenna.

CELLULAR OR WIRELESS COMMUNICATIONS TOWER; HEIGHT OF. The height of the structure, measured from the base to its top and including any antenna located thereon.

WIRELESS TELECOMMUNICATION FACILITY (FACILITY). Any cables, towers, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person or entity seeks to locate or have installed upon a tower antenna support structure. However, the term WIRELESS TELECOMMUNICATIONS FACILITIES shall not include:

(a) Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial;

(b) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category; or

(D) Standards applicable to all wireless telecommunication facilities.

(1) Construction standards. All facilities and support structures shall be certified by an engineer licensed in the state to be structurally-sound and, at a minimum, in conformance with the Ohio Basic Building Code.

(2) Natural resource protection standards. The location of the facility shall comply with all natural resource protection standards established either in this Zoning Code or in other applicable regulations, including those for floodplains, wetlands, groundwater protection and steep slopes.

(3) Historic or architectural standards compliance. Any application to locate a facility on or in a close proximity of a building or structure that is listed on a federal, state, or local historic register, or is in an historic district established by the village, shall be subject to review by the Planning Commission to ensure architectural and design standards are maintained.

(4) Color and appearance. All facilities shall be painted a non-contrasting gray or similar color minimizing their visibility, unless otherwise required by the Federal Communications Commission, Federal Aviation Administration, and/or by historical or architectural standards imposed by village ordinance. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the village.

(5) Advertising prohibited. No advertising is permitted anywhere upon or attached to the facility.

(6) Artificial lighting restricted. No facility shall be artificially lit except as required by the Federal Communication Commission and/or Federal Aviation Administration. The minimum amount of illumination shall be used to reduce glare to the surrounding neighborhood.

(7) Abandonment. All cellular or wireless communication towers shall be subject to the abandonment requirements set forth in division (G) of this section.

(8) Security enclosure required. All towers and equipment shelters shall be enclosed either completely or individually as determined by the village. All co-locators on the site, as well as village representatives and authorized employees, shall have reasonable access to the facility site. No fencing shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.

(9) Existing vegetation and buffer plants. Existing vegetation (trees, shrubs and the like) shall be preserved to the maximum extent possible. Buffer plants shall be located around the perimeter of the security enclosure as deemed appropriate by the village. An evergreen screen may be required around the perimeter of the property in lieu of such buffer plants.

(10) Access control and emergency contact. No trespassing signs shall be posted around the facility, along with a telephone number of who to contact in the event of an emergency.

(11) Maintenance. Any owner/operator of property used as a facility shall maintain such property and all structures in good condition, free from trash, litter, outdoor storage, weeds and other debris.

(12) Co-location. All facilities shall be subject to the co-location requirements set forth in division (E) of this section.

(E) Co-location requirement.

(1) Potential public sites. In order to encourage the location of a facility on publicly-owned property, the village shall undertake an identification of publicly-owned properties that the village determines are suitable for such use. The village shall regularly update such identification and make the results of such available to the public.

(2) Exemption of proof of co-location availability. Persons locating a facility upon a publicly-owned property identified as eligible for siting shall be exempted from the requirements herein regarding presentation of proof that co-location is not available. However, persons locating on such public sites shall continue to be subject to the requirements concerning co-location design (see below).

(3) Co-location design required. No new tower shall be constructed in the village unless such tower is capable of accommodating at least one additional facility owned by another party.

(4) Technically suitable space. Authorization for a tower shall be issued only if there is not a technically-suitable space reasonably available on an existing tower or structure within the geographic area to be served.

(5) Application requirements. With the permit application, the applicant shall list the location of every tower, building or structure within a reasonable proximity that could support the proposed antenna. The applicant must demonstrate that a technically-suitable location is not reasonably available on an existing tower, building or structure within such area. If another communication tower owned by another party within such area is technically suitable, applicant must show that a commercially-reasonable offer was made to the owner of such tower to co-locate an antenna on a tower owned by the applicant on reciprocal terms within the village, and the offer was not accepted. If such co-location offer has not been attempted by the applicant, then such other tower is presumed to be reasonably available.

(F) Location of wireless telecommunication facilities. Facilities shall be permitted only in areas of the village designated as an Industrial District. Such use shall be conditional, subject to the approval of the Planning Commission in accordance with procedures established by the zoning ordinance and this Zoning Code. Facilities are permitted as a conditional use subject to the requirements below.

(1) Tower.

(a) Maximum height. The maximum height of such tower shall be less than the distance of such tower from the nearest property line of any incorporated lands.

(b) Equipment shelter. The minimum setback and yard requirements set forth in the Zoning Code shall apply for equipment shelters, antenna support structures, and cellular or wireless support structures, and such shelter or structures shall not be located above ground in any required front or side yard.

(2) Antenna. A cellular or wireless telecommunications antenna that is mounted to an existing communications tower (whether said tower is for cellular purposes or not), smoke stack, water tower, or other tall structure, shall be permitted as a right in an Industrial District. Cellular or wireless telecommunications antenna may also be located on the top of Industrial District buildings which are at least 50 feet in height.

(3) Proximity to residential districts. Cellular or wireless telecommunications sites or facilities shall not be located in any residential zoning district including the R-1, R-2 and R-3 Districts, nor shall they be located any closer to these residential zoning districts according to the following:

(a) Cellular or wireless communication towers less than 100 feet in height shall be located no closer than 500 feet to any residential zoning district or use;

(b) Cellular or wireless communication towers less than 150 feet in height shall be located no closer than 750 feet to any residential zoning district or use; and

(c) Cellular or wireless communication towers 150 feet in height or greater shall be located no closer than 1,000 feet to any residential zoning district or use.

(4) Conditional use standards concerning placement. In addition to the applicable standards enumerated in division (D) of this section, the following requirements shall apply to all conditionally-permitted cellular or wireless communication antennas and towers.

(a) The cellular or wireless telecommunications company shall be required to demonstrate, using the latest technological evidence, that the antenna or tower must be placed where it is proposed in order to satisfy its necessary function in the company’s grid system.

(b) If the cellular or wireless communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), the company is required to demonstrate that it has contacted the owners of all nearby tall structures within a one-mile radius of the proposed site, asked for permission to install the cellular or wireless communications antennas on those structures, and was denied for reasons other than economic ones. Tall structures shall include, but are not limited to, smoke stacks, water towers, buildings over 50 feet in height, antenna support structures of other cellular, or wireless telecommunication companies, other communication towers and roadway lighting poles.

(c) The village may deny the application to construct a new cellular or wireless communications tower if it determines that the applicant has not made a good faith effort to mount the antenna on existing structures.

(d) The applicant shall demonstrate that the antenna/tower is the minimum height required to function satisfactorily. No antenna/tower that is taller than the minimum height shall be approved.

(G) Abandonment of wireless communication facilities.

(1) Required notification. All providers utilizing towers shall present a report to the village notifying it of any tower facility located in the village whose use will be discontinued and the date this use will cease. Such a report shall be filed with the village 30 days prior to the cessation date. If at any time the use of the facility is discontinued for 180 days, the Zoning Administrator may declare the facility abandoned. The 180-day period excludes any dormancy period between construction and the initial use of the facility. The owner/operator of the facility will receive written notice from the Zoning Administrator and be instructed to either reactivate use of the facility or commence to dismantle and remove the facility within 60 days from the mailing of the notice. If use is not reactivated or dismantling is not commenced (or is commenced in a manner less than diligent), the Zoning Administrator reserves the right to have the facility removed and assess the owner/operator the costs.

(2) Required notice to owner. The village must provide the tower owner/operator a 30-day notice and an opportunity to be heard before the Board of Zoning Appeals before initiating such action. After such notice has been provided, the village shall have the authority to initiate proceedings to order the dismantling and/or demolition of the tower and all appurtenances.

(3) Right to public hearing by owner/operator. The village shall provide the tower owner/operator with the right to a public hearing before the Board of Zoning Appeals, which public hearing shall follow the 30-day notice noted above. All interested parties shall be allowed an opportunity to be heard at the public hearing.

(4) Order of demolition. After a public hearing is held, the village may order the abatement or demolition of the tower. The village may require licensee to pay for all expenses necessary to acquire or demolish the tower.

(H) Application and review requirements. All applications for facilities, including towers, shall include the following.

(1) Site plan.

(a) A full site plan shall be required for all proposed cellular or wireless telecommunications sites at a scale of 1" = 100', indicating, as a minimum, the following:

1. The total area of the site;

2. The existing zoning of the property in question and all adjacent;

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

4. Existing topography with a maximum of five-foot contour intervals;

5. The proposed finished grade of development shown by contours not exceeding five-foot intervals;

6. The location of all existing buildings and structures and the proposed location of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, heights, and where applicable, the gross floor area of the buildings;

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

8. All existing and proposed sidewalks and open areas on the site;

9. The location of all proposed fences, screening and walls;

10. The location of all existing and proposed streets;

11. All existing and proposed utilities including types and grades;

12. The schedule of any phasing of the project;

13. A written statement by the cellular or wireless telecommunications company as to the visual and aesthetic impacts of the proposed cellular or wireless communications tower on all adjacent residential zoning districts;

14. The cellular or wireless telecommunication company must demonstrate to the village that it is licensed by the Federal Communications Commission; and

15. Any other information as may be required by the Planning Commission to determine conformance with the zoning ordinance.

(b) Upon submission of a complete application for site plan review to the Zoning Administrator, the application shall be transmitted to the Planning Commission where they shall review the site plan to determine if it meets the purpose and requirements as established in this section, the requirements of the zoning district where the proposed cellular or wireless telecommunications site is located, and any other applicable sections of the Zoning Code.

(c) The Planning Commission shall act upon all site plans within 35 days after the receipt of the complete application from the Zoning Administrator. The Planning Commission may approve, disapprove or approve with modification the site plan as submitted. Within the said 35-day period, a majority of the members of the Planning Commission present at a meeting thereof may vote to extend the said period of time, not to exceed an additional 60 days.

(2) Denial of application. Any decision to deny a request to place, construct, or modify a Facility and/or tower shall be in writing and supported by evidence contained in a written record.