This Chapter 150 shall be known and cited as the “City of Bowling Green Land Use and Development Code” and may be referred to herein as the “Zoning Code.”

(Ord. 9098, passed 6-12-2023)

   This Zoning Code was adopted on June 12, 2023, with an effective date of July 12, 2023.

(Ord. 9098, passed 6-12-2023)

   No regulation contained herein shall require any change in the overall layout, plans, construction, size, or designated use of any development, structure, or part thereof, for which official approvals and required zoning permits have been granted before the enactment of this Zoning Code, and the construction of which, conforming with such plans, shall have been started prior to the effective date of this Zoning Code, or within 30 days thereafter, and completion thereof carried on in a normal manner within the subsequent 12-month period and not discontinued until completion except for reasons beyond the owner’s control.

(Ord. 9098, passed 6-12-2023)

   The purpose of this Zoning Code is to promote the public health, safety, and general welfare; to facilitate the provision of public utilities, schools, and other public requirements; to promote the preservation of historic resources; and to promote Bowling Green’s investment in building attractive, walkable, and vibrant neighborhoods.

(Ord. 9098, passed 6-12-2023)

   (A)   No structure or land shall hereafter be used or occupied, and no structure or part hereof shall hereafter be erected, constructed, reconstructed, moved, or altered unless in conformity with all the provisions of this Zoning Code and after the lawful issuance of all permits and certificates required by this Zoning Code.

   (B)   Lots created after the effective date of this Zoning Code shall comply with the requirements of this Zoning Code.

   (C)   No building, site, or structure which is within a designated Historic Overlay Zone, as defined in § 158.03(M), shall be erected or altered until a certificate of appropriateness has been granted by the Historic Preservation Commission.

   (D)   All ordinances or parts of ordinances in conflict with this Zoning Code or inconsistent with the provisions of this Zoning Code are hereby repealed to the extent necessary to give this Zoning Code full force and effect.

   (E)   The provisions of this Zoning Code are not intended to nullify, abolish, or repeal any easement, covenant, or other private agreement or restriction.

(Ord. 9098, passed 6-12-2023)

   Should any section or provision of this Zoning Code be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Zoning Code as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 9098, passed 6-12-2023)

   (A)   Whenever a defined word appears in this Zoning Code, its meaning is as defined in this Zoning Code. Words not defined in this Zoning Code are interpreted in accord with their dictionary meaning and customary usage.

   (B)   All references to other regulations or manuals shall refer to the most current version and citation for those regulations or manuals, unless expressly indicated otherwise. When the referenced regulations or documents have been repealed and not replaced by other regulations or manuals, such reference or requirement for compliance is no longer in effect.

   (C)   Illustrations, diagrams, and flowcharts are included in this Zoning Code to illustrate the intent and requirements of the text. In the case of a conflict between the text and any illustration, diagram, or flowchart, the text shall control.

   (D)   The language of this Zoning Code shall be interpreted as follows:

      (1)   The word “person” includes a firm, association, organization, partnership, trust, limited liability company, corporation, or other legal entity, as well as an individual.

      (2)   The present tense includes the future tense; the singular number includes the plural; and the plural number includes the singular in each case if the context so requires.

      (3)   The word “shall” is mandatory; the word “may” is permissive.

      (4)   The words “used” or “occupied” include the words “intended,” “designed,” “constructed,” “altered,” or “arranged” to be used or occupied.

      (5)   The word “lot” includes the words “plot,” “tract,” or “parcel.”

      (6)   The terms “standards,” “regulations,” and “requirements” are used to mandate a specific course of action or built outcome.

   (E)   Section headings are provided for ease of use and organization and shall not be interpreted as regulatory.

   (F)   Where a regulation involves two or more items, conditions, provisions, or events which are connected by a conjunction—”and,” “or,” 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 singularly or in any combination.

      (3)   “Either...or” indicates that all the connected items, conditions, provisions, or events shall apply singularly but not in combination.

   (G)   In the case of any conflict or inconsistency between two or more provisions of this Zoning Code or any other city ordinance, law, rule, or regulation, the provision which imposes the greater, higher, or more restrictive requirement or standard of performance shall control.

(Ord. 9098, passed 6-12-2023)

   Step One: Locate your property and applicable zoning district on the Zoning Map.

   Step Two: Locate the applicable zone or district regulations in Article II.

   Step Three: Determine what uses are allowed in the zone or district in Article III.

   Step Four: Determine if any generally applicable regulations apply in Article IV.

   Step Five: Determine if any nonconformities exist and how to address them in Article V.

   Step Six: Determine if any approvals are necessary and how to apply for them in Article VI.

(Ord. 9098, passed 6-12-2023)

   This article provides standards for regulating lot and building dimensions.

(Ord. 9098, passed 6-12-2023)

   (A)   Establishment of zones and districts. The zones and districts described in this article are hereby established.

   (B)   Historic Overlay Zone. The Historic Overlay Zone may, from time to time, be designated or expanded in accordance with Chapters 150 and 158.

      (1)   Effect of designation. The Historic Overlay Zone shall be applied to individually listed properties and/or historic districts. Once local historic designation is approved by City Council, the Planning Director must cause the historic designation to be shown on the official zoning map as a Historic Overlay Zone, without changing the base zone or district. Whenever there is a conflict between regulations applicable in a base zone or district and the regulations of the historic designation, the more restrictive will apply.

      (2)   Certificates of appropriateness (COA). No contractor, owner, or agent of the owner may make any alterations as defined in § 158.03(A) to any listed property or historic district unless a valid written COA has been issued by the Historic Preservation Commission. The COA procedures are listed in § 158.07.

      (3)   Standards for the treatment of historic properties. The U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties have been adopted pursuant to § 158.07. Compliance with the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties is required for all listed properties and historic districts.

      (4)   Decisions. Decisions reached by the Historic Preservation Commission will be based on the Historic Preservation Commission’s interpretation of the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties and the testimony of the applicant and other interested parties.

   (C)   Adoption of the Zoning Map. The City of Bowling Green Zoning Map is hereby adopted and incorporated into this Zoning Code by reference. Each parcel of land within the city is classified under a zone or district hereby established by and designated on the Zoning Map. The Zoning Map shall be maintained on file in the city offices and updated on the city’s official website. No changes of any kind shall be made to the Zoning Map or any part thereof except in conformity with the procedures set forth in this Zoning Code.

(Ord. 9098, passed 6-12-2023)

   (A)   Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

   (B)   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

   (C)   Boundaries indicated as approximately following city limits shall be construed as following such city limits.

   (D)   Boundaries indicated as following rail lines shall be construed to be midway between the main tracks.

   (E)   Boundaries indicated as parallel to or extensions of features listed above shall be so construed.

   (F)   Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

   (G)   Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered herein, the Planning Director or their designee shall interpret the district boundaries.

   (H)   Where the street or lot layout actually on the ground or as recorded differs from the street or lot layout on the district map, the Zoning Board of Appeals shall, after notice to property owners affected, and after public hearing, interpret the map in such a way as to carry out the intent and purpose of this Zoning Code.

   (I)   Where a zone or district boundary line divides a lot which was in single ownership at the time of passage of this Zoning Code, the Zoning Board of Appeals may permit, as a conditional use, the extension of the regulations for either portion of the lot, but not to exceed 50 feet beyond the zoning district line as drawn, into the remaining portion of the lot.

   (J)   Whenever any street, alley, or other public way is vacated by official action of City Council, the boundary line(s) of any adjacent zone or district shall extend to the centerline of the vacated street, alley, or public way.

(Ord. 9098, passed 6-12-2023)

   (A)   Structure height is the vertical distance between the average grade plane of the structure and the highest point of any flat roof or the midpoint of any pitched roof. [SH]

   (B)   The height regulations prescribed herein shall not apply to telecommunications facilities, church spires, belfries, monuments, tanks, water and fire towers, cooling towers, ornamental towers and spires, cupolas, chimneys, elevator bulkheads, smokestacks, conveyors, and flagpoles, except where the height of such structures will constitute a hazard to the safe landing and takeoff of aircraft at an established airport.

(Ord. 9098, passed 6-12-2023)

   (A)    Lot line. A lot line is a line dividing one lot from another lot or from a street or any public place.

   (B)    Front lot line. A front lot line is a lot line dividing a lot from a public or private street and is the line from which the required front setback is measured. If a lot has more than one lot line that abuts a street right-of-way, such as is the case with a corner lot, the lot may have more than one front lot line. [FLL]

   (C)   Side lot line. A side lot line is any lot line not considered a front lot line or a rear lot line. [SLL]

   (D)   Rear lot line. The rear lot line is the lot line which is most opposite the front lot line. Each lot shall have one rear lot line. [RLL]

      (1)   In the case of a corner lot with more than one front lot line, the rear lot line is the lot line which is most opposite the shortest front lot line.

      (2)   In the case of an irregular or triangular-shaped lot, the rear lot line is a line ten feet in length within the lot situated parallel to and at the maximum distance from the front lot line.

(Ord. 9098, passed 6-12-2023)

   LOT WIDTH. The lot width is the length of a lot’s shortest front lot line. [LW]

(Ord. 9098, passed 6- 12-2023)

   (A)   Lot area. The lot area is the area of a horizontal plane bounded by vertical planes extending from the lot lines of a single lot, and not including any area within the right-of-way.

   (B)   Lot coverage. Lot coverage is the percentage of the total lot area that is covered by man-made surfaces, such as principal structures; accessory structures over 100 square feet, such as patios, decks, garages, carports, and pools; and other surfaces, such as driveways, sidewalks, parking lots, and areas of gravel, pavers, or pavement; but excluding service walks.

(Ord. 9098, passed 6-12-2023)

   (A)   Front yard setback. A front yard setback is the shortest horizontal distance between a structure and the edge of the right-of-way. [FYS]

   (B)   Side yard setback. A side yard setback is the shortest horizontal distance between a structure and a side lot line of the lot. [SYS]

   (C)   Rear yard setback. A rear yard setback is the shortest horizontal distance between a structure and a rear lot line of the lot. [RYS]

   (D)   Exceptions to setbacks.

      (1)   Open or lattice-enclosed fire escapes, outside stairways, balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may extend rearward of a principal structure by up to five horizontal feet.

      (2)   Ramps built to provide wheelchair accessibility to entrances of dwellings are exempt from the setback requirements.

(Ord. 9098, passed 6-12-2023)

   (A)    Irrespective of any other provision of this Zoning Code, no building or other structure or fence or planting, of greater than two feet in height, shall be erected or maintained in any zone or district within a vision clearance triangle, except for at intersections controlled by traffic signals within the Central Business District.

   (B)   A vision clearance triangle is present at all corners of intersecting streets. Each vision clearance triangle has two sides that commence at the corner of the corner lot. Each of these two sides extends 25 feet away from the corner along each lot line. The ends of these two sides are connected with a hypotenuse, forming the third side.

   (C)   No vision clearance triangle is required for unimproved or unpaved alleys.

(Ord. 9098, passed 6-12-2023)

   (A)   Residential density. The residential density of a lot (RD) is equal to the number of dwelling units on the lot (DU) divided by the acreage of the lot (A).

      RD = DU/A

   For example, if two dwelling units are located on a lot of 0.5 acres, the residential density is equal to 2 units/0.5 acres, or four units per acre.

   (B)   Minimum residential density regulations apply to structures erected after the adoption of this Zoning Code. Minimum residential density regulations do not apply to existing structures.

(Ord. 9098, passed 6-12-2023)

   A lot within any district shall be occupied only by one principal structure unless waived by specific provisions of a district or zone.

(Ord. 9225, passed 12-2-2024)

   This article sets forth the permitted and conditionally permitted principal and accessory uses for all zones and districts.

(Ord. 9098, passed 6-12-2023)

   The Planning Director shall have the right to determine whether a use not listed herein is similar to a listed use and either permitted or conditionally permitted herein. In determining whether a use is similar, the Planning Director shall find that, in their professional opinion, the use:

   (A)   Is similar in definition or purpose to a listed use;

   (B)   Is expected to demand equal or lesser levels of government services, such as police, fire, water, sewer, and other infrastructure services than the similar listed use;

   (C)   Is expected to have an equal or lesser negative impact on public health, safety, and environmental quality than the similar listed use; and

   (D)   Is expected to cause equal or lesser transmission of noise, light, vibration, and air pollutants to neighboring properties than the similar listed use.

(Ord. 9098, passed 6-12-2023)

   The comprehensive use table included in this article describes which uses are permitted and conditionally permitted in each zone and district. Any use not expressly permitted or conditionally permitted herein and not determined by the Planning Director to be similar to a listed use, in accordance with § 150.41, shall be prohibited.

P = Permitted principal use. Review later sections of this article for use-specific standards.

C = Conditional principal use. Conditional uses must be approved according to processes outlined in § 150.99. Review later sections of this article for use-specific standards.

PA = Permitted accessory use. Review later sections of this article for use-specific standards.

(Ord. 9098, passed 6-12-2023; Ord. 9225, passed 12-2-2024; Ord. 9308, passed 10-6-2025)

   Those uses listed herein are specially regulated due to their unique nature and potential for impacts on surrounding uses. If a use is not listed in this section, no use-specific regulations apply; however, all uses must comply with the Generally Applicable Standards in Article IV.

(Ord. 9098, passed 6-12-2023)

   (A)   Accessory uses must be secondary to and customarily associated with a principal use of the lot.

   (B)   Accessory uses are permitted in any zone or district unless otherwise specified.

   (C)   A zoning permit is required for any accessory use that occupies an accessory structure of more than 100 square feet.

   (D)   An accessory use and any accessory structure in which it is conducted must be located on the same lot as the principal use with which it is associated unless a variance is granted by the Zoning Board of Appeals.

   (E)   Accessory uses and their structures include, but are not limited to:

      (1)   Accessory dwelling units;

      (2)   Car ports;

      (3)   Decks;

      (4)   Garages;

      (5)   Gazebos;

      (6)   Outdoor entertainment;

      (7)   Patios;

      (8)   Pergolas or trellises;

      (9)   Rain gardens;

      (10)   Sheds;

      (11)   Solar panels and wind turbines;

      (12)   Swimming pools, hot tubs, recreational ponds and retention ponds;

      (13)   Swing sets or play houses;

      (14)   Tennis or other sport areas;

      (15)   Outdoor storage;

      (16)   Tree houses;

      (17)   Radio or television antenna towers.

   (F)   Required setbacks for accessory uses.

      (1)   An accessory use must meet the setbacks as described in the accessory use setback table on the following page.

      (2)   Other setback requirements are as follows:

         (a)   The top of the bank of a retention pond must maintain a front yard setback of at least ten feet, a side yard setback of at least ten feet, and a rear yard setback of at least ten feet.

         (b)   Fences and gardens are not required to comply with minimum setback requirements.

         (c)   Hot tubs are not required to comply with minimum setback requirements for accessory structures.

         (d)   Patios are not required to comply with minimum setback requirements for accessory structures. Patios are required to be located a minimum of three feet from all lot lines, but cannot be located in a utility easement.

   (G)   Swimming pool, recreational pond, hot tub, and retention pond fences.

      (1)   In-ground swimming pools and recreational ponds shall be enclosed with a solid fence at least four feet high with a self-closing gate.

      (2)   Hot tubs shall be enclosed with a locking lid or cover or enclosed with a solid fence at least four feet high with a self- closing gate.

      (3)   In any district, a retention pond does not require a fence.

   (H)   The outdoor display of commercial equipment, materials, or products for sale or rent is prohibited, unless the outdoor display is set back from the front lot line(s) a distance equal to the minimum front yard setback required for that zone or district. Any sign that is part of an outdoor display shall comply with the sign standards of this Zoning Code.

   (I)   Outdoor entertainment is an accessory use of a commercial principal use.

   (J)   Specific use regulations for accessory dwelling units.

      (1)   Definition. An accessory dwelling unit is a dwelling unit that facilitates a dwelling use customarily associated with and secondary to a principal use of a lot. If a lot contains a principal dwelling and an accessory dwelling, and if such accessory dwelling is detached from the principal dwelling, the accessory dwelling shall be the dwelling with the greater setback from the front lot line.

      (2)   Purpose. This Zoning Code permits the development of accessory dwelling units with the intent to increase the supply of housing units, allow property owners to increase the economic productivity of their land, provide housing diversity that may be more financially accessible to small households, and serve as accessible housing for older adults and people with disabilities.

      (3)   Eligibility. An accessory dwelling unit may be erected in a zone or district that permits accessory dwelling units and may be erected on any lot that conforms to applicable lot standards.

      (4)   Creation. An accessory dwelling unit may be created through new construction, the conversion of an existing structure, as an addition to an existing structure, or as a conversion of a qualifying existing house during the construction of a new principal dwelling unit on the site.

      (5)   Quantity. No lot may contain more than one accessory dwelling unit.

      (6)   Occupancy and use.

         (a)   An accessory dwelling unit must conform to all building code and health code standards applicable to all dwellings.

         (b)   On any lot with an accessory dwelling unit, one of the dwelling units, either the principal dwelling unit or the accessory dwelling unit, must be occupied at least 180 days per calendar year by the owner of the lot or structure, or, in the case that the lot or structure has multiple owners or is owned by a corporation, one of the dwelling units must be occupied at least 180 days per calendar year by one of those owners or by one of the members of the corporation in ownership.

         (c)   Occupancy of an accessory dwelling unit shall be limited by § 150.60.

      (7)   Size and height.

         (a)   No accessory dwelling unit may exceed 1,200 square feet of GFA.

         (b)   If an accessory dwelling unit is detached from the principal structure, it shall not exceed 25 feet in height.

         (c)   If an accessory dwelling unit is detached from the principal structure, it shall be located in the rear yard.

      (8)   Screening. If an accessory dwelling unit is detached from the principal structure and includes living space on the ground floor, the rear yard of the lot shall be screened with six-foot-high opaque fencing where abutting any lot in a residential zone or district.

      (9)   Parking. Any off-street parking area must comply with parking area location requirements in § 150.72(A).

      (10)   Setbacks of accessory dwelling units.

         (a)   If an accessory dwelling unit is attached to a principal dwelling unit, it shall maintain setbacks applicable to principal structures in the zone or district in which it is located. If the principal structure is nonconforming with applicable setbacks, an accessory dwelling unit may be attached to the principal structure if its creation does not increase the degree of nonconformity. See Article V.

         (b)   If an accessory dwelling unit is detached from a principal structure on the lot, it shall maintain setbacks as described in the Accessory Use Setback Table for non-garage accessory structures. If an accessory dwelling unit is constructed within or above a detached garage or as a replacement of a structure formerly intended for use as a garage, it shall maintain setbacks as described in the Accessory Use Setback Table for garages.

         (c)   Building coverage. Accessory dwelling unit coverage shall be considered when calculating lot coverage.

(Ord. 9098, passed 6-12-2023; Am. Ord. 9138, passed 11-20-2023; Ord. 9225, passed 12-2-2024)

   (A)   Purpose for regulation of sexually oriented business.

      (1)   Additional regulations are imposed upon sexually-oriented businesses to: protect juveniles from harm or exposure to sexually-oriented materials; prevent the spread of communicable or sexually transmitted diseases; reduce and eliminate the negative impact that adult uses may have on property values and the character and quality of residential neighborhoods; prevent sexually-oriented businesses from diminishing or destroying the use of public facilities, particularly facilities expected to be used by children or used for religious purposes, and the like. These regulations are not adopted for the purpose of restricting or prohibiting any protected speech associated with sexually oriented business land uses. The Supreme Court and lower federal courts have recognized a number of possible secondary effects of sexually oriented businesses, including:

         (a)   Decline of character of a community’s neighborhoods and quality of life;

         (b)   Increase of crime (e.g., prostitution, drug sales);

         (c)   Spread of disease, particularly sexually transmitted diseases;

         (d)   Degeneration of the social and moral order; and

         (e)   Harm to children.

   (B)   Given the documented harmful secondary effects of sexually oriented businesses on adjacent neighborhoods and specific land uses, the following specific, reasonable and uniform regulations have been developed to protect the public health and safety of the residents of the city.

   (C)   A sexually oriented business use may not be an accessory use. No two sexually oriented business uses may be located in the same premises or on the same lot.

   (D)   The following establishments or accessory uses of an establishment shall be prohibited within the city:

      (1)   Nude model studios;

      (2)   Sexual encounter centers;

      (3)   Sexually oriented escort agencies;

      (4)   Sexually oriented spas; or

      (5)   Sexually oriented viewing booth or arcade booth facilities, each more specifically defined by this regulation.

   (E)   The following are prohibited activities in a sexually oriented business establishment:

      (1)   No employee, patron, or any other person at a sexually oriented business establishment shall perform or conduct any specified sexual activity with or for any other employee, patron, or any other person on the premises;

      (2)   No sexually oriented business establishment games, machines, tables, or implements shall be used for gambling; and

      (3)   No sexually oriented business establishment employee or other person shall accept any form of a tip or gratuity offered directly or personally by a patron or other person for entertainment performances. Any such tips or gratuities must be placed into a receptacle provided by management for receipt of such tips and gratuities or shall be placed on the stage on which the employee or other person is performing.

      (4)   No sexually oriented materials, or displays, promotions, or advertisement which display specified sexual anatomical areas or specified sexual activities, shall be displayed, distributed, or exhibited so as to be visible from the public right-of-way, or from any adjacent public or privately owned property, or by juveniles permitted within the establishment.

      (5)   All building openings, entries, windows, and doors of sexually oriented businesses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from the public right-of-way, or from adjacent public or privately owned property. For new construction, the building shall be oriented so as to minimize any possibility of viewing from any public right-of-way or any public or private property.

      (6)   No screens, loudspeakers, or sound equipment used in sexually oriented motion picture theaters (enclosed or drive-in) or other sexually oriented businesses shall be operated in such a manner as to be seen or discerned from the public right-of-way or any public or privately owned property.

   (F)   No animals, except service animals required to assist those that are differently abled, shall be permitted at any time or in any sexually oriented business establishment.

   (G)   All restrooms in a sexually oriented business establishment shall be equipped with standard toilets, sinks, and other customary lavatory facilities. No sexually oriented materials or live performances shall be provided or allowed at any time in the restrooms of a sexually oriented business establishment. Separate male and female restrooms shall be provided for and used by sexually oriented business establishment employees and patrons.

   (H)   No person shall engage in a live performance of sexually oriented material except upon a stage elevated at least 18 inches above floor level.

   (I)   All parts of the stage, or a clearly designated area thereof within which a person engages in a live performance of sexually oriented material, shall be a distance of at least six feet from all parts of a clearly designated area in which patrons may be present.

   (J)   The stage or designated area thereof shall be separated from the area in which patrons may be located by a barrier or railing the top of which is at least three feet above floor level.

   (K)   No person engaging in such live performances or patron may extend any part of their body over or beyond the barrier or railing. This requirement shall be noted in a sign affixed to the stage, barrier, or railing in such a manner to be easily visible and legible to patrons.

   (L)   Age of employees and patrons.

      (1)   No person under the age of 18 years shall be admitted to or employed by a sexually oriented cabaret or theatre;

      (2)   No person under the age of 18 years shall be allowed or permitted to purchase or receive, whether for consideration or not, any sexually oriented material or other goods or services at or from any sexually oriented business establishment; and

      (3)   No person under the age of 21 years shall be permitted to a sexually oriented business establishment that serves or otherwise provides alcoholic liquor pursuant to a liquor license.

   (M)   Sexually oriented uses shall not be located in any of the following locations:

      (1)   Within 1,000 feet of any land zoned or used for primarily residential purposes (specifically the R-1, R-2, and R-3 Zones and the PR and UR Districts), libraries, educational institutions, training facilities for persons with mental or physical disabilities, museums, religious places of worship, child day care facilities, parks, playgrounds, swimming pools, pool and billiard halls, video arcades, pinball arcades, or other public gathering places, family-oriented uses, or recreational uses established for the activities of juveniles; and

      (2)   Within 1,000 feet of any other sexually oriented business, or within 1,000 feet of any bar, tavern, or other establishment regulated by the Ohio Division of Liquor Control offering the sale of beer or intoxicating liquor for consumption on the premises in combination with live entertainment.

      (3)   For the purpose of this section, measurement shall be made in a straight line without regard to the intervening structures or objects, from the nearest point of the property line of a sexually oriented business, to the nearest property line of the protected district or premise listed above. The presence of a municipal, county, or other political subdivision boundary shall be irrelevant for the purpose of calculating and applying the distance requirements of this section.

   (N)   Exterior identification signage of sexually oriented businesses is permitted subject to the other applicable provisions of these regulations. However, no exterior signage shall include verbal or written messages, graphics, drawings, or other illustrations which publicly display specified sexual anatomical areas or specified sexual activities.

   (O)   The city shall reserve the right to review facilities established under this section after it has been in operation for a period of one year.

(Ord. 9098, passed 6-12-2023)

   (A)   Airports located partly within and partly outside of the city limits shall be subject to county airport zoning. Airports located entirely within the corporate limits shall be subject to this section.

   (B)   A site plan is required prior to the granting of a zoning permit. The required site plan shall show the location of all landing strips, runways, taxiways, and aircraft parking areas; all buildings, hangars, and terminals; all drives and parking areas and screening and planting; and all clear zones and transition zones.

   (C)   The Planning Director shall not grant a permit for the construction or operation of an airport or landing field until they have received evidence that the proposed traffic patterns will not conflict with traffic patterns of existing airports or interfere with FAA-approved instrument landing procedures.

   (D)   The Planning Director shall ensure that adequate ingress and egress, parking, and protection of adjacent property is provided.

(Ord. 9098, passed 6-12-2023)

   Outside runs or kennels must be more than 200 feet from any dwelling.

(Ord. 9098, passed 6-12-2023)

   (A)   A site plan is required prior to the issuance of a zoning permit. The required site plan drawing shall include the location of buildings, drives, pumps, underground storage tanks, signs, and screening or fences.

   (B)   No pump dispensing gasoline, diesel, kerosene, natural gas, propane or other hydrocarbon shall be located within 100 feet of any lot occupied by a dwelling. A boundary buffer as described in § 150.80 shall be provided on all lot lines adjacent to a lot occupied by a dwelling.

   (C)   A side yard setback of at least 20 feet shall be maintained.

   (D)   No permanent storage of inoperable vehicles shall be permitted on the site. Inoperable vehicles are defined in the City of Bowling Green Code of Ordinances § 70.40.

   (E)   A traffic impact study shall be prepared and reviewed in accordance with the City’s Access Management Policies and Guideline for purposes of determining access prior to the issuance of a zoning permit.

(Ord. 9098, passed 6-12-2023)

   (A)   An eight-foot-high, 100%-opaque fence shall be required to screen all activities on the property.

   (B)   No open burning, cutting, or processing is permitted.

(Ord. 9098, passed 6-12-2023)

   (A)   A bed and breakfast inn use must be subordinate to a principal use. The principal use must be a dwelling. The dwelling must be the primary residence of the property owner or proprietor.

   (B)   A live, evergreen vegetated screen shall be six feet tall at minimum and shall screen any off-street parking spaces from all adjoining properties.

   (C)   No rented bedroom shall have an independent outside entrance, except where an emergency exit is provided and such exit is only capable of opening from the inside.

   (D)   A maximum of five rented bedrooms are permitted, and all such rooms shall be located in the principal structure.

   (E)   Rented bedrooms may only be used by transient visitors and travelers and rented on a nightly, weekend, or weekly basis. No person, other than the principal resident and their family, may stay in the bed and breakfast inn for a period exceeding 120 consecutive days in a calendar year.

   (F)   All applications for bed and breakfast inn use will be reviewed by the Fire Chief or their designee to ensure that all appropriate safety regulations are met.

(Ord. 9098, passed 6-12-2023)

   (A)   The site occupied by any cemetery shall be at least ten acres in area.

   (B)   A site plan shall be required prior to the issuance of a zoning permit. The site plan shall show the location of all drives, structures, and parking so that the Planning Director shall ensure that adequate ingress, egress, and parking are provided.

(Ord. 9098, passed 6-12-2023)

   (A)   A corner store use shall not be permitted on any lot unless such lot is a corner lot.

   (B)   A corner store use shall not be conducted within any portion of a structure unless the corner store use is conducted fully within the basement or first floor of the structure.

   (C)   The portion of a structure used or intended to be used as a corner store and its ancillary uses may not exceed 1,000 square feet.

   (D)   A corner store use is limited to the following commercial uses. Such commercial use is permitted in a corner store even if the specific use is not listed as permitted or conditionally permitted in the zone or district at issue.

      (1)   Food or beverage sales for on- premises consumption.

      (2)   Food or beverage sales for off-premises consumption.

      (3)   Retail.

      (4)   Artisan manufacturing.

      (5)   Household services, such as, but not limited to, launderer, tailor, cobbler, pet groomer, salon or spa, barber, child day care provider, and repair service.

   (E)   The Planning Director, at their discretion, may allow additional commercial uses upon application.

(Ord. 9098, passed 6-12-2023)

   (A)   An 80%-opaque fence of at least four feet of height shall be installed to screen adjacent uses from view of the play areas, provided, however, that no such fencing shall be installed within any front yard setback.

   (B)   A screen of live, evergreen plantings shall be installed immediately outside of and adjacent to the required screen fence. An earthen mound of at least four feet of height may be substituted for the evergreen plantings, but the required solid fence shall not be placed on any portion of the mound.

   (C)   An enclosed recreation area, open or partially under roof, containing a minimum of 50 square feet per day-resident, shall be provided.

   (D)   Any entry drive shall follow the city’s Access Management Policies and Guidelines.

   (E)   A site plan is required prior to the issuance of a zoning permit. The required site plan shall show all drives, parking areas, building locations, recreation areas, and screening and plantings.

   (F)   The Planning Director shall ensure that adequate ingress, egress, parking, and protection of adjacent property are provided.

(Ord. 9098, passed 6-12-2023)

   (A)   A delivery distribution center shall not exceed 5,000 square feet per lot.

   (B)   A delivery distribution center within 200 feet of a dwelling use shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

(Ord. 9098, passed 6-12-2023)

   (A)   A home occupation must be accessory to the principal use of the lot as a dwelling.

   (B)   If a home occupation occupies a structure other than the principal structure on the lot, it must occupy a structure otherwise customarily associated with a principal dwelling, such as a garage or shed.

   (C)   No display or indication shall be allowed that would indicate from the exterior of the structure or the land that any uses are being made of such structure or land other than that of a dwelling with the exception that one commercial sign not exceeding one square foot in sign area may be affixed to the exterior of the structure.

   (D)   A home occupation shall not cause significant increases in traffic volumes on the street fronted by the home occupation by persons other than the persons occupying the home. For this regulation, a significant increase in traffic volume is defined as a 50% increase in vehicle trips in any four-hour period.

   (E)   A home occupation may not serve in- person customers between the hours of 10:00 p.m. and 6:00 a.m.

(Ord. 9098, passed 6-12-2023)

   (A)   The use may include an accessory retail shop for the sale of related equipment.

   (B)   Any reconstruction of an existing structure necessary to accommodate the indoor sports training facility use shall not permanently alter the structure so that it cannot be reused for industrial, office, or business purposes.

   (C)   The applicant must submit a report as part of the zoning permit application from an architect, engineer, or contractor indicating the building is suitable for use as an indoor sports training facility and any building modifications required would not preclude the structure’s reuse for industrial, office, or business purposes.

   (D)   Buildings and uses are subject to city inspections for zoning compliance.

(Ord. 9098, passed 6-12-2023)

   (A)   A mobile home park shall constitute five acres unless the development is an extension of an existing mobile home park.

   (B)   The mobile home park must have a minimum frontage, measured at the right-of-way line, on a major street of at least 200 feet.

   (C)   All interior drives and parking areas shall be asphalt or concrete and the drive approach to the public street must be a minimum of 26 feet wide, with straight curb and gutter.

   (D)   A sidewalk, built to the City Engineer’s specifications and at least five feet in width, shall be constructed alongside the public street within the right-of-way.

   (E)   The utility plan, including storm drainage, shall meet the approval of the City Engineer.

   (F)   The Access Management Committee, under the authority of the Access Management Policies and Guidelines, shall approve ingress and egress.

   (G)   The Fire Chief shall approve the locations and types of fire hydrant, and all interior drives shall be designed to accommodate the city’s fire trucks.

(Ord. 9098, passed 6-12-2023)

   (A)   The minimum lot area shall be 24,000 square feet, except in the CB, IC, C, PR, and UR Districts, where the minimum lot area shall be 12,000 square feet and where the principal structure may contain one accessory dwelling unit for the exclusive use of the mortuary’s on-call employee(s).

   (B)   A site plan is required prior to the issuance of a zoning permit. The required site plan shall show the location of all structures, drives, parking, screening or screened planting, and the interior location and size of any parlors or service rooms.

   (C)   A screening fence of at least four feet in height shall be provided for any parking area adjacent to any property occupied by a dwelling.

   (D)   No more than one sign shall be permitted. The sign may not be illuminated and may not exceed 24 square feet in sign area.

   (E)   The Access Management Committee, under the authority of the Access Management Policies and Guidelines, shall approve ingress and egress.

(Ord. 9098, passed 6-12-2023)

   (A)   The minimum lot area shall be 12,000 square feet for the first ten beds, plus 1,000 square feet for the first ten occupants, plus 1,000 square feet per additional occupant.

   (B)   An enclosed recreation area, open or partially under roof, containing a minimum of 50 square feet per bed, shall be provided.

   (C)   There shall be a minimum of 60 feet of frontage on a major street, and the frontage shall contain at least one entry drive to the site.

   (D)   The Access Management Committee, under the authority of the Access Management Policies and Guidelines, shall approve ingress and egress.

(Ord. 9098, passed 6-12-2023)

   (A)   Within each dwelling unit in a one- unit dwelling, a two-unit dwelling, or a multiple-dwelling unit, occupancy is limited according to the following table.

 

   (B)   In the Central Business District (CB), no dwelling unit of a multiple-unit dwelling may occupy any ground floor portion of a structure.

   (C)   The Access Management Committee, under the authority of the Access Management Policies and Guidelines, shall approve ingress and egress of multiple-unit dwellings.

(Ord. 9098, passed 6-12-2023)

   (A)   Outdoor storage shall be accessory to a principal use on the same lot or an adjacent lot.

   (B)   Outdoor storage areas must be set back at least the minimum required front yard setback for the zone or district in which it is located.

   (C)   Outdoor storage areas must be screened from view of residential zones or districts and any dwelling use using six-foot-high evergreen vegetation or a six-foot-high, opaque fence.

(Ord. 9098, passed 6-12-2023)

   (A)   A fence of at least four feet of height and at least 80% opacity shall be required on all property lines adjacent to a lot occupied by a dwelling.

   (B)   A site plan is required prior to the issuance of a zoning permit. The required plan shall show the location of all buildings, drives, parking areas, and fencing or screening.

(Ord. 9098, passed 6-12-2023)

   A scrap yard or junk yard must be screened from view from the right-of-way with a fence of at least eight feet in height and an opacity of at least 80%.

(Ord. 9098, passed 6-12-2023)

   (A)   The entry drive shall be in compliance with the City’s Access Management Policies and Guidelines.

   (B)   Any redevelopment of an existing structure required to accommodate the use shall not permanently alter the building so that it cannot be reused for industrial, office, or business purposes.

(Ord. 9098, passed 6-12-2023)

   Personal vehicles, such as boats and recreational vehicles, that are stored at a self-storage facility must be screened from public view with an opaque fence or wall of at least six feet in height.

(Ord. 9098, passed 6-12-2023)

   (A)   Solar panels or wind turbines shall be considered accessory uses to the principal use on the lot.

   (B)   If a solar panel or wind turbine use is the only use of a lot, and the lot is less than one acre in area and is adjacent to a lot owned by the same landowner, the solar panel or wind turbine use shall be considered accessory to the principal use of the adjacent lot under common ownership.

   (C)   All electric generating facilities connected to the City of Bowling Green’s electric system are subject to the requirements of the Board of Public Utilities and approval by the Utilities Executive Director.

(Ord. 9098, passed 6-12-2023)

   (A)   The passage of the Federal Telecommunications Act of 1996 (the “Act”) has permitted and fostered the rapid growth of wireless telecommunications services and has given rise to the concomitant need for adequate telecommunications facilities, including towers and other structures.

   (B)   Section 704(a) of the Act generally preserves the authority of local governments over decisions regarding the placement, construction, and modification of such facilities, subject to the limitations specified in the Act and incorporated in this legislation. The City of Bowling Green, by adoption of its charter on October 31, 1972 exercises its home rule authority.

   (C)   The City of Bowling Green, in order to properly address the requirements of the Act, enacted a moratorium on permits for placement, construction, and modification of such facilities until July 15, 1998.

   (D)   This local government has examined the escalating facility needs of wireless telecommunications providers in the context of addressing, in comprehensive fashion, concerns regarding the placement, construction, and modification of telecommunications facilities generally. In an effort to balance the needs of the telecommunications industry and the health, safety and general welfare of the public, the City of Bowling Green has closely examined the competing considerations relating to the placement, construction, and modification of telecommunications facilities.

   (E)   The intent of this legislation is to preserve the ability of telecommunications providers to operate facilities as necessary within the jurisdiction of this local government, while at the same time:

      (1)   Minimizing the adverse visual impacts of telecommunications towers, attachments, poles, nodes, and related facilities;

      (2)   Protecting persons and property from injury and damage; and

      (3)   Preserving and protecting natural resources and formations.

   (F)   It is not the intent of this legislation, and consistent with the provisions of the Act, nothing in this legislation shall be construed:

      (1)   To permit unreasonable discrimination among providers of functionally equivalent personal wireless services, as defined in the Act;

      (2)   To prohibit or have the effect of prohibiting the provision of personal wireless services;

      (3)   To permit action on any request for the authorization to place, construct, or modify personal wireless services facilities other than within a reasonable period of time after the request is duly filed, taking into account the nature and scope of the request;

      (4)   To permit denial of an application to place, construct, or modify personal wireless services facilities other than in writing and supported with substantial evidence contained in a written record; and

      (5)   To permit basing regulatory decisions of this nature on the environmental effects of radio frequency emissions to the extent that personal wireless services facilities comply with the regulations of the FCC concerning such emissions. The provisions of this legislation are subject to all applicable federal and state laws, rules, regulations, and orders.

   (G)   Telecommunications facilities must meet the following standards, regardless of location.

      (1)   Telecommunications facilities must be as aesthetically compatible with their environs as technically feasible and practicable under the circumstances. Each tower is required to be camouflaged, for example, by putting it inside an artificial tree, a clock tower, a church steeple, silos or a flagpole.

      (2)   Existing vegetation must be preserved as much as practicable. Any security fencing or barrier related to telecommunications facilities must be surrounded by a continuous row of hardy, evergreen hedges or trees not less than ten feet high, sufficient in height to screen adequately such fencing or barrier, and located within ten feet of the fencing or barrier. Such landscaping shall be continuously maintained and promptly restored, if necessary.

      (3)   Lights, beacons, or strobes attached to or illuminating telecommunications facilities shall be permitted only to the extent necessary to ensure safety or to comply with applicable law or regulation, and shall be designed to minimize direct light or glare onto surrounding properties.

      (4)   Signage on the site of telecommunications facilities shall be permitted only as may be required by applicable law or regulation or as specifically required or approved by the city. “No Trespassing” signs with a telephone number of whom to contact in the event of an emergency shall be required.

      (5)   The telecommunications provider is responsible for the weed and trash removal related to, and general upkeep of, its telecommunications facilities and their grounds, and for ensuring that the surfaces of such facilities are maintained in good condition, free from flaking or peeling paint and rust. Outdoor storage of equipment, supplies and vehicles related to telecommunications facilities is prohibited, except to supply emergency power to such facilities during a power outage.

      (6)   Subject to the requirements for setbacks set forth herein, telecommunications towers are to be the sole use on a lot and the minimum lot size shall be the minimum lot size allowable for the applicable zone or district. Where other types of telecommunications facilities, except telecommunications towers, are to be placed on a lot with an existing use, the minimum lot area shall be that which is necessary to accommodate the telecommunications facilities, any guy wires, any security fencing, any buffer plantings, and the like, in conjunction with such existing use.

      (7)   Where telecommunications facilities are to be placed on a lot with an existing use, such facilities must be fully automated and operationally unattended, with visits only for construction, emergencies, and periodic and necessary maintenance.

      (8)   All equipment and devices (including but not limited to cables, wires, pipes, and conduits) that service telecommunications facilities shall be located underground or within such telecommunications facilities, if technically feasible and unless otherwise required by the Ohio Basic Building Code, the National Electric Code, and/or other applicable law.

      (9)   Telecommunications towers and telecommunications attachments shall be designed to be buildable up to the maximum height permitted by this legislation, and shall be constructed in such a way as to permit at least two other telecommunications providers to co-locate their telecommunications facilities thereon when and if built to the maximum height permitted by this legislation.

      (10)   Unless otherwise specified in this legislation, the setback requirements for all telecommunications towers shall be one foot for every foot of allowable height of such telecommunications attachment when attached. Any related fencing, screening, or other barriers shall be located behind the applicable setback lines. Notwithstanding the first sentence of this division and unless otherwise specified in this legislation or permitted by the city, telecommunications towers and telecommunications attachments shall be located not less than:

         (a)   Fifty feet from the nearest public right-of-way; and

         (b)   Five hundred feet from the lot line of any school.

   (H)   Telecommunications towers must meet the following standards, regardless of location.

      (1)   The height of telecommunications towers (including antenna and approved lightning rods, if any) may not exceed 200 feet above the average grade plane of the telecommunications tower’s base.

      (2)   The color of telecommunications towers shall be non-contrasting gray or that color which best camouflages them against their surroundings, unless another color is required by applicable law or regulation.

   (I)   Telecommunications attachments must meet the following standards, regardless of location.

      (1)   The height of telecommunications attachments may not exceed the greater of 20 feet above the top of the building or 20% higher than the height of the building or structure to which it is attached. In either case, the telecommunications attachments may not exceed 200 feet in height.

      (2)   The color of telecommunications attachments shall be that which best camouflages them against their surroundings, unless another color is required by applicable law or regulation.

   (J)   Telecommunications equipment shelters must meet the following standards, regardless of location.

      (1)   The maximum size of a telecommunications equipment shelter shall be 350 square feet for one shelter on a given plot, and 750 total square feet if there is more than one shelter on a given plot.

      (2)   The maximum height of a telecommunications equipment shelter shall be the maximum building height for the applicable land use district.

      (3)   The setback requirements for all telecommunications equipment shelters shall be the setback requirements for the applicable land use district. Any related fencing, screening, or other barriers shall be located behind the applicable setback lines.

      (4)   Where telecommunications facilities are to be placed on a lot with an existing use, the service access to any telecommunications equipment shelter shall be provided by way of the circulation driveways associated with the existing use to the extent possible.

      (5)   Telecommunications equipment shelters shall not be used for offices or long-term vehicle storage.

      (6)   If telecommunications equipment shelters are initially constructed to accommodate only one user, space shall be reserved on-site to accommodate at least two other telecommunications equipment shelters in the event of co-location.

   (K)   Additional appearance-related standards applicable to non-residential districts. In addition to all standards that apply independent of location, the following standards also apply to telecommunications facilities located in non-residential districts.

      (1)   Notwithstanding any provision of this legislation to the contrary, the minimum distance from the center of the base of any telecommunications tower (or the base of any building or structure directly beneath the vertical center line of a telecommunications attachment) to any residential district shall be 190 feet.

      (2)   Notwithstanding any provision of this legislation to the contrary, if telecommunications towers are to be located in an agricultural area or a vacant lot, the minimum lot size shall be the minimum lot size required to meet all applicable setback requirements.

   (L)   Additional appearance-related standards applicable to residential districts. In addition to all standards that apply independent of location, the following standards also apply to telecommunications facilities located in residential districts.

      (1)   Where telecommunications facilities are to be placed in a residential district, they must be fully automated and unattended on a daily basis, with visits only for construction, emergencies, and periodic and necessary maintenance.

      (2)   Where telecommunications towers or telecommunications attachments are to be placed or constructed on property with a non-residential use within a residential land use district (including, but not limited to, government buildings, agricultural buildings, churches, utility buildings, and hospitals), such telecommunications towers or telecommunications attachments shall be set back from all lots occupied by dwellings by at least 100 feet.

      (3)   Telecommunications equipment shelters located in a residential district must be placed underground.

   (M)   Safety-related standards. Telecommunications facilities must meet the following standards, regardless of location.

      (1)   All telecommunications facilities must comply with all applicable laws and regulations, including but not limited to the Ohio Basic Building Code and the applicable regulations promulgated by the Federal Aviation Administration and the FCC (including radio frequency electromagnetic emissions standards) and by the Ohio Department of Transportation, and their respective successors.

      (2)   All telecommunications towers and telecommunications attachments must be soundly constructed and, including any guy wires, must be securely anchored to a foundation appropriate for the applicable soil conditions, and must be able to withstand sustained winds of at least 80 miles per hour and ice loads in accordance with the American National Standards Institute/Electronic Industry Association, Section 222-F (Annex H: Commentary on Ice Design Criteria for Communications Structures), as the same may be amended from time to time.

      (3)   Security fencing eight feet in height shall surround the telecommunications facilities (including any guy wires), or each of them, as required by applicable law or as may be determined by the appropriate unit of this local government. All outside storage of related vehicles or equipment shall be contained within the fenced area.

      (4)   Telecommunications towers and telecommunications attachments shall be fitted with anti-climbing devices.

      (5)   All telecommunications facilities must be regularly maintained as appropriate to ensure that safety is not compromised.

      (6)   No telecommunications facilities may interfere with any public safety, police, fire, ambulance, or other governmental telecommunications.

   (N)   The placement, construction, or modification of telecommunications facilities shall comply with all natural resources protection laws and regulations, including those for floodplain, wetlands, and steep slopes.

   (O)   Within areas that are technically feasible for telecommunications facilities, telecommunications facilities shall be situated in accordance with the following prioritization of location (with (1) and (a) being the most favored locations), and subject to the applicable land use regulations. In addition to all other applicable application requirements of this legislation, applications to place, construct, or modify telecommunications towers in a particular location must be accompanied by evidence demonstrating that locating such telecommunications towers in more preferable locations (as depicted in the above priority list) is not technically feasible or practicable under the circumstances.

      (1)   Permitted use.

         (a)   Co-location or attachment to non-residential structures.

         (b)   Collocated on a lot with a government services use.

      (2)   Conditional use.

         (a)   Agricultural Zone;

         (b)   Interstate Commerce District;

         (c)   Innovation and Employment Zone;

         (d)   Institutional Zone;

         (e)   Commercial Zone;

         (f)   Low Density Residential Zone;

         (g)   Medium Density Residential Zone;

         (h)   Mixed-Use Neighborhood Zone;

         (i)   Multi-Unit Residential Zone;

         (j)   University-Oriented Residential District;

         (k)   Pedestrian-Residential District;

         (l)   Central Business District;

         (m)   Gateway District.

   (P)   Applications.

      (1)   Any person or entity desiring to place, construct or modify telecommunications facilities in the jurisdiction of this local government shall be required to obtain a permit from the city. Applications seeking to place, construct, or modify telecommunications facilities on land owned by a public entity other than this local government shall, to the fullest extent permitted by law, be considered under and be subject to this legislation. In addition to any application requirement detailed elsewhere in this legislation, applications to place, construct, or modify telecommunications facilities, regardless of the proposed location thereof, must include the following.

         (a)   Technical demonstration that the telecommunications facilities are necessary and must be located where proposed in order to adequately cover the applicant’s service area. This report shall also include:

            1.   The location of all of the applicant’s existing and other planned telecommunications facilities in the jurisdiction;

            2.   The location of all other potential sites for the proposed telecommunications facilities that are technically feasible;

            3.   The location of all other telecommunications facilities where co-location is technically feasible;

            4.   The suitability of the proposed site for co-location; and

            5.   Any interference restrictions or considerations applicable to the proposed telecommunications facilities.

      (2)   The width, depth, height, color, type, specifications, capacity, functionality, and co-location potential of all proposed telecommunications facilities, certified by a state licensed professional engineer.

      (3)   Reasonably satisfactory evidence of compliance with all applicable structural, appearance, safety, and nature preservation standards set forth in this legislation and in applicable law (as certified by a state licensed professional engineer), including, but not limited to the following.

         (a)   The certification of a state licensed professional engineer as to compliance with applicable nationally accepted structural standards as published by the American National Standards Institute/Electronic Industry Association, Section 222-F (ANSI/EIA-222-F), as the same may be amended from time to time; and

         (b)   A soil report which comports with the standards of ANSI/EIA-222-F (Annex I: Geotechnical Investigations for Towers), as the same may be amended from time to time, which report shall support the foundation and anchor specifications for the telecommunications facilities (including any guy wires).

         (c)   In the event that a telecommunications tower or telecommunications attachment is proposed to be constructed, evidence that the applicant has attempted in good faith to co-locate such telecommunications tower or telecommunications attachment at all technically feasible locations on reasonable terms. Those telecommunications providers contacted by applicant for such purposes must be given at least 30 days to respond to such contact. The applicant shall agree to permit co-location on a proposed telecommunications tower or telecommunications attachment (together with associated access and parking), to the extent technically feasible (but in no event fewer than two additional antennae), on reasonable terms. The applicant shall agree that all disputes with future telecommunications providers concerning co-location and the terms and conditions of co-location shall be submitted to commercial arbitration under a system chosen by the parties in question, but if the parties are unable to agree upon such a system, then under the auspices of the Commercial Arbitration Provisions of the American Arbitration Association.

         (d)   In the event that a telecommunications tower is proposed to be constructed, evidence that a technically feasible location is not reasonably available to construct an alternative telecommunications attachment on an existing structure.

         (e)   A site plan detailing, within 300 feet of all proposed telecommunications facilities:

            1.   Existing and proposed telecommunications facilities;

            2.   Existing and proposed buildings and other man-made structures;

            3.   Existing and proposed natural features, including trees and shrubs;

            4.   Existing and proposed access easements and parking areas; and

            5.   Existing and proposed utilities to and within the site.

         (f)   A listing of lots (with property owners’ names and addresses, and uses of properties) within one-fourth mile of the proposed site, and a graphical depiction of the area within which the facilities would be visible from ground level.

         (g)   A maintenance schedule (including, at a minimum, frequency of service, equipment needs, and traffic, safety and noise impacts) acceptable to the city in light of any manufacturer’s recommended maintenance schedule or otherwise.

         (h)   Evidence of continual legal access to the telecommunications facilities (regardless of other developments that may take place at the site) for the expected duration of the use of such telecommunications facilities, and evidence of a contractual right to place, construct, or modify such telecommunications facilities on the proposed site (through a siting agreement or grant of easement or otherwise).

         (i)   The agreement of the applicant to remove the telecommunications facilities (and any associated site improvements such as access drives) within 180 days of discontinued use of or failure to use them, and to thereafter return the entire site thereof to its prior state, at the applicant’s cost. Upon such discontinued use or failure to use, and if such telecommunications facilities are not removed as aforesaid, they shall be considered abandoned and the permit to use them shall be terminated. At any time thereafter, this governmental body, or its authorized designee, may give written notice to the applicant that it intends to remove such telecommunications facilities (and related site improvements), at the applicant’s cost, no sooner than 180 days after receipt by the applicant of the notice. Within that 180-day period, applicant must be given an opportunity to either reactivate or activate such telecommunications facilities, remove them (and related site improvements) and return the site thereof to its prior state, or show good cause why such telecommunications facilities (and related site improvements) should not be removed. In the absence of such circumstances occurring within the 180-day period, this governmental body may order that such telecommunications facilities (and related site improvements) be removed and the site be returned to its prior state, at the applicant’s cost. To cover the costs of such removal upon the occurrence of such events, the applicant shall post a bond or submit to escrow a cash deposit (or otherwise as approved by the city) in a reasonably sufficient amount to be determined by the city prior to issuance of a permit. The city may require periodic evidence of the continuing force and effect, or the deposit shall remain in escrow, as the case may be, until such telecommunications facilities are removed in accordance with this legislation.

         (j)   The agreement of the applicant to indemnify and hold harmless this local government, its officers, and employees from any claims, liabilities, costs and expenses incurred on account of or resulting from the construction, operation, maintenance, or removal of the proposed telecommunications facilities.

         (k)   Proof of insurance of the following types and in the following amounts, insuring both this local government (and its elected and appointed officers, officials, agents, and employees) and the applicant pursuant to this legislation:

            1.    Comprehensive general liability insurance with limits not less than:

               a.    $1,000,000 for bodily injury or death to each person;

               b.    $1,000,000 for property damage resulting from any one accident; and

               c.    $5,000,000 for all other types of liability;

            2.   Automobile liability for owned, non-owned, and hired vehicles with a limit of $100,000 for each person and $300,000 for each accident;

            3.   Worker’s compensation insurance within statutory limits;

            4.   Employer’s liability insurance with limits of not less than $1,000,000; and

            5.    Comprehensive form premises-operations, explosions, and collapse hazard, underground hazard, and products completed hazard with limits of not less than $5,000,000. Such insurance shall be maintained until the proposed telecommunications facilities are removed in accordance with this legislation. The city may require the annual filing of a certificate of insurance evidencing the insurance amounts required herein, and evidencing that the city shall be notified by the insurer at least 30 days before any expiration or cancellation of required coverage.

         (l)   To reimburse the city for reasonable costs related to the processing of applications under this legislation, the applicant shall submit with its application a non-refundable permit fee and a deposit in amounts comporting with the schedule posted and periodically updated by the city. Reasonable fees and costs of engineers and/or other consultants used by the city to verify initial compliance with this legislation shall be deducted from the deposit, and the balance returned to the applicant upon completion of the permitting process. Application requirements may be waived or modified by the city only if:

            1.   Required by applicable law;

            2.   Deemed to be in the best interests of the community on the basis of unique circumstances; or

            3.   Deemed to be inapplicable on the basis of unique circumstances. Decisions of this local government on the application shall not be based on the environmental effects of radio frequency emissions to the extent that any proposed personal wireless services facilities (as defined in the Act) comply with FCC regulations. Applications submitted to this local government shall be acted upon within a reasonable period of time after the application is duly filed, taking into account the nature and scope of the application. Denials of applications shall be in writing and supported by evidence contained in a written record.

      (4)   A successful applicant shall commence placement, construction, or modification, as the case may be, of telecommunications facilities within 180 days of permit issuance.

      (5)   To ensure continuing compliance with this legislation, any permits issued to place, construct, or modify telecommunications facilities pursuant to this legislation are subject to annual review, and such telecommunications facilities are subject to annual inspection, by the city, at the successful applicant’s cost.

      (6)   Applicants shall covenant that they will not assign, transfer, convey, sublet, sell, mortgage, pledge, or encumber the telecommunications facilities by any other person or entity, without in each instance having first notified and obtained the approval of the city. Any person or entity to which such telecommunications facilities are assigned, transferred, conveyed, sublet, sold, mortgaged, pledged, or encumbered, or to which use of such telecommunications facilities has been allowed, shall fully be subject to the conditions of any related permit and to the provisions of this legislation.

      (7)   Upon adoption, the provisions of this legislation shall supersede any provisions of prior legislation directly in conflict therewith; otherwise, prior zoning and/or building code provisions shall remain in full force and effect.

(Ord. 9098, passed 6-12-2023)

   (A)   A lot with a dwelling use or uses may contain only one portable on-demand storage (POD) unit or similar structure per lot.

   (B)   No portable on-demand storage unit or similar structure may be located on a lot with a dwelling use for a period exceeding 31 calendar days per calendar year.

   (C)   A portable on-demand storage unit or similar structure on a lot with a dwelling use may not exceed 160 square feet.

(Ord. 9098, passed 6-12-2023)

   (A)   No tobacco or vape store may be established, operated or enlarged within one mile of another tobacco or vape store.

   (B)   A tobacco or vape store shall not be located within 1,000 feet of any school, university, public park, public library, place of religious assembly, child day care center, or other use established specifically for the activities of minors. Such distance shall be measured in a geometrically straight line, which represents the shortest distance between the property line of the space to be occupied by the proposed tobacco or vape store to the nearest property line of the school, university, public park, public library, place of religious assembly, child day care center, or other use established specifically for the activities of minors, whether located within or outside the jurisdiction of the City of Bowling Green.

   (C)   Walk-up windows, drive-through windows, outdoor storage of merchandise, or display of merchandise shall not be permitted.

   (D)   A tobacco or vape store shall post clear signage near each public entrance, which must state the legal age of purchase and that minors may not enter the premises, unless accompanied by a parent or legal guardian.

   (E)   Any signage, LED lighting, neon tubing, and/or fiber optics may occupy no more than 25% of a window’s surface area, whether located inside or outside of the window(s) and any glass portions of the door(s). No signs or lighting shall be animated or flashing. Any other signage shall be limited to the allowed signage set forth in the sign regulations of the zone or district the tobacco or vape store is located in.

   (F)   A tobacco or vape store legally in existence on the effective date of this section, which does not meet the regulations of this section, may continue to operate as a legal nonconforming use as regulated under Article V. Nonconformities. Any change or expansion of the legal nonconforming use shall require compliance with this chapter.

(Ord. 9308, passed 10-6-2025)

   (A)   A site plan is required. The required site plan shall also show the certification that the subdivision sales trailer unit meets the state building code;

   (B)   No more than five off-street parking spaces shall be placed between the subdivision sales trailer unit and the required front yard setback(s); no parking is permitted within the required side yard setback(s);

   (C)   The subdivision sales trailer unit shall comply with all setback requirements;

   (D)   The subdivision sales trailer unit shall be secured in accordance with the building code and the carriage/frame shall be totally screened from view;

   (E)   The subdivision sales trailer unit shall be located a minimum of 250 feet from the entrance to the subdivision from adjoining subdivisions or unplatted property;

   (F)   Only one sign shall be allowed, either flush mounted or ground mounted, not exceeding 16 square feet. If the sign is ground mounted, the top of the sign cannot be more than four feet above sidewalk elevation;

   (G)   The subdivision sales trailer unit shall remain in place no longer than five years from the date of recording of the first plat in the subdivision; and

   (H)   Upon removal of the subdivision sales trailer unit, the lot all foundation, off-street parking, driveways, and the like shall be removed, curb cut(s) abandoned, and the lot shall be graded and seeded to the city’s satisfaction.

(Ord. 9098, passed 6-12-2023)

   The lot occupied by the Type A family day-care home must also be occupied by the permanent residence of the administrator of the Type A family day-care home.

(Ord. 9098, passed 6-12-2023)

   All providers of child day-care services of the Type B family day-care home must reside on the lot.

(Ord. 9098, passed 6-12-2023)

      (1)   Off-street parking and its associated parking structures - including garages, parking lots, parking pads, and vehicular accessways - may not occur in a front yard, except in the following circumstances:

         (a)   The off-street parking and/or vehicular accessways are located on a lot that fronts Wooster Street or Main Street and complies with all regulations in division (D) of this section; or

         (b)   The off-street parking occurs on a driveway; or

         (c)   The off-street parking and/or vehicular accessways are located in the Interstate Commerce (IC) District or Innovation & Employment (IE) Zone and shall conform to the minimum front yard setback applicable to principal structures in the zone or district which it is located.

      (2)   If off-street parking is located on a lot that does not contain a principal structure, the off-street parking area shall be considered a principal structure and shall conform to all setbacks applicable to principal structures in the zone or district in which it is located.

      (3)   Where serving a one-unit or two-unit dwelling use, a driveway may not exceed a width of 20 feet or the width of a garage to which it leads, whichever is greater. All driveways must follow the city’s access management policies and guidelines.

      (4)   All driveways must be set back from all side and rear lot lines by at least three feet, except where a driveway adjoins a driveway of an adjacent lot. The area contained within the setback may not be paved.

      (5)   All off-street parking areas, including any vehicular accessways and any applicable parking lot perimeter landscaping strips, must be set back from all lot lines by at least three feet, except where an off-street parking area adjoins an off-street parking area of an adjacent lot.

      (1)   A planting strip between the fence and piers and the public sidewalk. (Refer to Figure 27, Figure 28, and Figure 29.)

         (a)   Fifty percent of the fence section shall include evergreen shrubs planted three feet on center. Plant size to be 15 inches height minimum at time of planting and 30 inches height maximum at maturity.

         (b)   The remainder of the frontage to be planted in deciduous shrubs or perennials planted 24 inches on center. The maximum mature plant height shall be 24 inches.

 

         (c)   The entire planting strip shall be included within a continuous hardwood mulch bed (minimum of three inches deep).

      (2)   There shall be a two foot wide overhang buffer strip between the right-of-way/back of pier and a concrete curb for any ‘head-in parking’ spaces along the buffer corridor. (Refer to Figure 27 and Figure 28.)

      (3)   A 20 foot wide planting end cap island shall be installed between the parking bay and drive access. This island shall have a minimum 15 foot radius at the intersection of the drive aisle. (Refer to Figure 27 and Figure 28.)

         (a)   Low shrubs shall be massed within the island.

         (b)   The entire island shall be mulched with hardwood mulch (minimum of three inches deep).

         (c)   The island shall contribute to any required parking island area otherwise required by this Zoning Code.

      (4)   A shade tree shall be planted every 50 feet along the entire frontage. These trees shall be planted in a ten foot wide planting island along with low shrubs. (See Figure 27 and Figure 28.)

         (a)   There shall be a maximum of five nine-foot-wide parking spaces between planting islands along the corridor frontage.

      (5)   An ornamental metal fence with limestone piers as outlined below. (See Figure 29.)

         (a)   The fence shall be a four foot industrial grade fence with four rails (two at the top and two at the bottom).

         (b)   The post shall be three inches by three inches with a 0.125-inch wall thickness and shall have a ball finial.

         (c)   There shall be rings between the top two rails.

         (d)   The bottom of the fence shall not be enclosed.

         (e)   The rails shall be one and five-eighths by one and five-eighths inches.

         (f)   The pickets shall be spaced three and three-quarter inches apart and shall have crimped tops.

         (g)   There shall be a maximum of four eight-foot panel sections (32 feet maximum) between piers. These fence sections shall be of equal lengths.

         (h)   The color of the fence shall be black.

         (i)   The limestone piers shall be two foot square and five feet tall to the top of the capstone. The stone pattern shall be Fond du Lac Kensington Blend or approved equal. Mortar joints shall be heavily raked.

         (j)   The cap shall be limestone, and consisting of one piece - the bottom portion shall be two feet, two inches square and four inches high, and the top portion shall be two feet square and four inches high with top two inches and beveled on all four sides.

         (k)   The entire assembly, including footings extending below the frost line, shall be designed by an architect or engineer.

   (E)   Paved off-street parking areas are included when calculating lot coverage. Parking lot landscaping areas are not included when calculating lot coverage.

   (F)   Any off-street parking or loading space or driveway or storage area, for its entire length and area shall be of a hard, dustless surface (asphalt, concrete, brick paving blocks, porous pavement, or porous pavers) and drained according to sound engineering practices, and approved by the City Engineer.

   (G)   Any parking area shall be maintained in a condition that provides a safe driving and walking surface.

   (H)    Parking area drive aisles that facilitate two-way travel shall be a minimum of 24 feet in width in order to accommodate fire emergency response vehicles.

   (I)    Off-street parking areas shall not discharge stormwater to adjacent properties, adjacent roadways, or storm sewer systems; all stormwater discharge from off-street parking facilities must be directed to detention basins, rain gardens, or dry wells.

   (J)   Designated parking spaces shall be marked on the surface of the parking area with paint or permanent marking materials and maintained in a clearly visible condition.

   (K)   Any parking space that (1) is associated with any use other than a one-unit or two- unit dwelling and that (2) has a front or a rear end that abuts the perimeter of the parking area (or perimeter landscaping strip) must be equipped with a wheel stop.

      (1)   Each wheel stop shall be a singular block of durable material with a maximum height of six inches and a maximum length of eight feet.

      (2)   Wheel stops are to be securely fastened to the ground and located no less than two feet from the perimeter of the parking area and no less than four feet from any structures, buildings, walls, or plant material, excluding ground cover.

   (L)   For every use, except one-unit dwellings and two-unit dwellings, accessible parking spaces shall be provided as required in the Americans with Disabilities Act Section 208 and Section 502. The Americans with Disabilities Act can be reviewed at the United States Access Board website.

   (M)    Any off-street parking space may be equipped with an electric vehicle charging station. The installation of an electric vehicle charging station does not change the principal use of a lot and shall be considered an accessory use of a parking lot, a parking structure, or a side yard or rear yard parking pad.

   (N)   All required landscaping shall be maintained in a healthy condition, replacing it when necessary and keeping it free of refuse and debris.

(Ord. 9098, passed 6-12-2023; Am. Ord. 9138, passed 11-20-2023; Ord. 9225, passed 12-2-2024)

   (A)   In all zones and districts, bicycle parking must be provided on a lot where new construction or any alteration of an existing principal structure occurs or where a parking area is newly constructed or expanded and exceeds 6,000 square feet of parking area, even if such parking area is private or for lease only. Bicycle parking shall not be required on a lot with a one-unit dwelling or a two- unit dwelling.

   (B)   Bicycle parking spaces shall be provided at a rate of one bicycle parking space per 6,000 square feet of motor vehicle parking area or fraction thereof, rounding up to the nearest whole bicycle parking space; however, not more than ten bicycle parking spaces shall be required for any lot. The access drive to a motor vehicle parking area shall not be included in the calculation of motor vehicle parking area.

   (C)   If one or more publicly installed bicycle parking space(s) is provided on the public right-of-way within 200 feet of a lot, such publicly installed bicycle parking space(s) shall contribute to the satisfaction of the minimum bicycle parking spaces required by this section for that lot.

   (D)   Bicycle parking areas shall be designed so that when fully occupied, bicycles, including bicycle trailers, shall not obstruct an adjacent sidewalk, path, or other pedestrian way.

   (E)   Bicycle parking spaces shall be located not more than 200 feet from the main entryway into the principal structure. Alternatively, bicycle parking spaces may be located inside the principal structure if information about the structure’s hours of public access are clearly posted at the location of the indoor bicycle parking spaces.

   (F)   Bicycle parking spaces should include infrastructure that allows a bicycle to be secured using a standard U-shaped bicycle lock. Such infrastructure may be comprised of a bicycle rack, an enclosed bicycle storage compartment, a keyed indoor room, or a similar structure.

      (1)   The rack or similar structure should be secured to the ground or adjacent building in a way that reduces the risk of detachment by vandals, such as by anchoring the structure in concrete or by securing it to the pavement using anti-theft-style nuts and bolts.

      (2)   The rack or similar structure must be reasonably accessible from the right-of-way by any users of the lot when maneuvering a standard bicycle. An area accessible only by steep stairwell, ladder, narrow hallway, or other confined space shall not be considered reasonably accessible while maneuvering a standard bicycle.

(Ord. 9098, passed 6-12-2023)

   The parking of buses and commercial vehicles shall conform to the city’s traffic code.

(Ord. 9098, passed 6-12-2023)

   (A)   The following requirements shall pertain to the location of loading berths:

      (1)   Loading or unloading may not interfere with, block access to, or encroach on fire and emergency vehicle lanes, sidewalks, or bike lanes.

      (2)   Loading areas must be located to the side or the rear of the building and may not be placed between the street and the building or any front facade of a building, except in the IE Innovation and Employment Zone.

   (B)   Each off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

   (C)   Loading spaces that are constructed below grade shall have a stormwater drainage system that complies with city engineering standards.

(Ord. 9098, passed 6-12-2023; Ord. 9225, passed 12-2-2024)

   (A)   The following standards apply to all new or expanded drive-through facilities, and the addition of drive-through facilities on existing properties. The addition of a new drive-through lane constitutes an expanded drive-through facility.

      (1)   No drive-through menu board, stacking space, or pick-up window may be located within 100 feet of any lot occupied by a dwelling.

      (2)   If within 200 feet of a zone or district that lists dwellings as permitted uses, drive-throughs may not operate between the hours of 1:00 a.m. and 5:00 a.m.

      (3)   Stacking space. Drive-through stacking space requirements are intended to provide for queuing of vehicles in line for drive-through services provided by an establishment where drive-throughs are permitted in this Zoning Code. This provision provides for adequate space between vehicles and ensures that queuing vehicles are not stacking into public rights-of-way or easements and causing congestion therein.

         (a)   Queuing vehicles shall be located on the lot on which the drive-through services are being provided, shall not interfere with on-site parking or circulation, and shall not interfere with the circulation of the public roadway system.

         (b)   Each drive-through must contain a minimum of five stacking spaces behind the menu board, or behind the pick-up window in the case that no menu board is provided.

         (c)   Each stacking space must be at least 20 feet in length. Each stacking space must be at least ten feet in width along straight segments and at least 12 feet in width along curved segments.

      (4)   Drive-through lanes must be visibly striped along the outside boundary of the lanes and may not interfere with off-street parking or the lanes utilized for maneuvering in and out of off-street parking spaces.

      (5)   All establishments with drive-throughs must provide a by-pass lane of at least eight feet in width whereby vehicles may exit the lot at any point without proceeding through the drive-through lane.

      (6)   There must be one trash receptacle provided per drive-through lane.

      (7)   Drive-through lanes should be designed to avoid pedestrian walkways.

   (B)   The following regulations shall apply to menu boards and directional signage within drive-through facilities:

      (1)   Menu board and directional signage within a drive-through facility does not require a zoning permit.

      (2)   A maximum of two menu boards per drive-through aisle are permitted.

      (3)   Associated directional signage that gives directions to vehicles through the parking lot and drive-through is permitted.

      (4)   Drive-through directional signs may not be larger than five square feet.

      (5)   Menu boards may not flash or have any visible bulbs or visible lighting elements.

      (6)   All menu boards must be oriented toward the drive-through aisle that they are serving.

      (7)   Drive-through speakers shall not emit outdoor music.

(Ord. 9098, passed 6-12-2023)

   Dumpsters and other solid waste storage containers may not be located closer to the street right-of-way than the principal structure on the lot, except that containers may be stored closer to the street right-of-way than the principal structure on the lot during a period within 24 hours of a solid waste pick-up.

(Ord. 9098, passed 6-12-2023)

   (A)   Except for lots in the Central Business District or the Bowling Green Gateway District which have parking areas fronting Main Street or Wooster Street and are regulated by § 150.72(D): for any new development or an expansion of an existing building by more than 20% of GFA, street trees shall be planted at a rate of one tree per 40 linear feet of frontage. A lot with less than 40 feet of frontage shall be required to plant a minimum of one street tree. Existing street trees as determined in division (B) of this section or any trees planted by the city as part of a tree fee paid by a subdivider contribute to the fulfillment of this requirement.

   (B)   The city will collect the applicable fee, as set forth in § 35.70 of the Bowling Green Code of Ordinances, for the required street tree(s). The Urban Forester will determine the type(s) and plant the street tree(s) in the city right-of-way in the proper location(s) adjacent to the applicable property address. The Urban Forester may provide an exemption to the requirement if there is not a suitable location or if existing street tree(s) can count toward the requirement, provided that:

      (1)   Existing preserved trees are greater than two inches in diameter;

      (2)   Existing vegetation is not an invasive species; and

      (3)   Existing vegetation is in good health or can reasonably be brought into good health.

(Ord. 9098, passed 6-12-2023; Ord. 9225, passed 12-2-2024)

   The following are applicable to all fences erected on all property, except as otherwise set forth herein:

   (A)   Except when fences are required by this Zoning Code for screening, a fence shall not exceed heights indicated in Table 25. When required by other provisions of this Zoning Code for screening, a fence shall be a minimum of six feet in height.

   (B)   Fence height at a given location along a fence line shall be the difference in elevation between the grade at the base of the fence and the top of the fence at that location. The grade at the base of the fence shall be the elevation of the ground surface before mounding or building-up of the ground surface, if any, occurred. If a fence occurs along a terraced portion of earth, such as a retaining wall, its height is measured from the higher ground elevation.

   (C)   No fences shall be installed in the Vision Clearance Triangle.

   (D)   Fence maintenance. All fences shall be maintained and in a safe and upright condition.

   (E)   Fence permit. Any replacement of less than 50% of the length of an existing fence shall not require a fence permit.

   (F)   All fences shall be installed so that, when a fence has a “finished,” “clean,” or “good” side, that side faces outward, toward adjacent lots; and the “unfinished” or “bad” side faces the interior of the lot. When a fence is installed on the property boundary between two lots, the “unfinished” or “bad” side shall face the lot of the landowner who is installing the fence.

   (G)   Fence regulations for swimming pools, hot tubs, and retention ponds are described in § 150.44(G).

 

(Ord. 9098, passed 6-12-2023)

   (A)   Buffers are strips of land that provide insulation between incompatible neighboring land uses. The insulation is provided in the form of vegetation, earthen mounds, or opaque fences.

   (B)   A buffer shall be provided as set forth in the Buffer Requirements by Zone or District, Table 26, for any new development or an expansion of an existing building by more than 20% of GFA. Buffer yard categories of small, large, and mounding are defined in this section.

   (C)   Buffers shall be located along the outer perimeter of the lot, parallel to and extending along 100% of the shared lot lines. Buffers may be broken where vehicle access-ways connect one lot to an adjacent lot.

   (D)   It is not required that tree or shrub plantings be evenly spaced along the buffer. Tree or shrub plantings may be clustered.

   (E)   A small buffer shall consist of a strip of land adjacent to the boundary of two zones or districts. The strip of land shall be ten feet in depth. The strip of land shall be planted with at least three canopy or evergreen trees per 100 feet of length, at least two ornamental trees per 100 feet of length, and at least ten shrubs per 100 feet of length.