Note: The graphic examples of a portion of the fences defined in section 1185.01 of this chapter are designed to be for illustrative and example purposes only, and are not designed to be a complete listing or depiction of all fences and fence types referenced in this chapter. These examples have been adopted by reference. Please refer to Ordinance No. 3943, passed March 19, 2002.

(a)

A parcel of land may be subdivided into two or more parcels, provided all lots resulting from such division shall conform to the relevant lot area and width regulations of the district in which it is located, unless the Board of Zoning Appeals grants the applicant a variance in accordance with the provisions contained in section 1197.11 of this chapter. A lot of record which conformed to the provisions of this Zoning Code and which was owned separately from adjoining lots on the effective date of this Code (Ordinance 2042, passed December 20, 1972) or an amendment thereafter which affected its conformity, shall not be reduced in any manner which would make it nonconforming.

(b)

The lot area or any part thereof required for a dwelling or other use shall not be considered as providing any part of the required lot area for another dwelling or use.

('64 Code, § 1171.11; Ord. 2042, passed 12-20-72; Am. Ord. 3317, passed 10-5-93)

The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a required yard for any other existing building on the same or on an adjacent lot. A yard shall not be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building, and a yard of less than the required dimensions shall not be further reduced in any manner. Every required yard shall be open and unobstructed from the ground upward except for accessory buildings as set forth in section 1151.34 and permitted projections as set forth in section 1151.39.

('64 Code, § 1171.12; Ord. 2042, passed 12-20-72)

Where side yards are narrower than required for the district in which the building and lot are located and which was owned separately from all other tracts of land on the effective date of this Code (Ordinance 2042, passed December 20, 1972) or any amendment thereto, and is still so owned, the building may be maintained or altered but may not be enlarged in width unless the total width of the side yards complies with these regulations.

('64 Code, § 1171.13; Ord. 2042, passed 12-20-72)

Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of nonconforming buildings, land and uses are hereby established in order to achieve, among others, the following purposes:

(a)

To permit the continuance but control of nonconformity so as to minimize any adverse affect on the adjoining properties and development;

(b)

To regulate their maintenance, repair and extension;

(c)

To permit changes in degree of nonconformity only to a more restrictive classification;

(d)

To restrict their rebuilding if substantially destroyed;

(e)

To require their permanent discontinuance if not operated for certain periods; and

(f)

To require conformity if it is discontinued, and to bring about eventual conformity in accordance with the objectives of the Master Plan of the city.

('64 Code, § 1173.01; Ord. 2042, passed 12-20-72)

Nonconforming lot means a lot of record which does not comply with the area or width of lot regulations of the district in which it is located on the effective date of this Zoning Code (Ordinance 2042, passed December 20, 1972) or any amendment thereto which made it a nonconforming lot may be used as follows:

(a)

Building on lot. If occupied by a building, such building may be maintained, repaired or altered, provided, however, the building may not be enlarged in floor area unless the depth of front yard, total width of side yards and the rear yard regulations are complied with.

(b)

Vacant lot. If vacant, the lot may be used only as a site for the uses permitted in the district in which it is located provided that:

(1)

No adjoining unsubdivided lot or parcel of land was owned by the same owner on the effective date of this Zoning Code (December 20, 1972).

(2)

All yards and other regulations of this Zoning Code, except the lot area and lot width regulations, shall be complied with.

(c)

Variance. If replatting of adjoining nonconforming lots cannot be effected reasonably without resulting in an average lot width less than the minimum required for the district, the regulations may be modified as a variance to permit lots of less width, but not more than ten percent (10%) less than required in the district in which the subdivision is located.

('64 Code, § 1173.02; Ord. 2042, passed 12-20-72; Am. Ord. 2116, passed 8-20-74)

Nonconforming building means a building or other structure existing lawfully at the time this Zoning Code (Ordinance 2042, passed December 20, 1972) or any subsequent amendment thereto, became effective but which does not conform as to dimensions, area and width of lot, width of yards, percent of land coverage, or height of building, or as to design, designed or intended for a use not permitted or compatible with the type of structure, or other regulations of the district in which it is located. A nonconforming building may be continued as follows:

(a)

Maintenance and repair. A building nonconforming as to dimensions and/or design may be continued to be used and normal repairs and improvements may be made. For the purpose of this Code, normal repairs includes the ordinary maintenance of a building or structure and the replacement of equipment which are required for safety of operation, and the replacement or substitutions of machinery or equipment. It shall not include the replacement of structural parts in any building nonconforming as to design except when required by law to restore the structure to a safe condition, or to make the building or use conforming.

(b)

Additions. A building nonconforming as to dimensions, as defined above, may be added to or enlarged, provided the additions are made to conform to the area, yard and height regulations of the district in which it is located.

(c)

Moving. A building nonconforming as to dimension and/or design may be moved in whole or in part to any other location on the lot or to another lot, provided every portion of such building so moved is made to conform to all regulations of the district in which it is to be located.

(d)

Restoration of damaged building. If a nonconforming building is damaged or destroyed by any means to the extent of 50 percent or less of its reproduction value, those portions so destroyed or damaged may be restored but to not more than its former size, provided such restoration is completed within a period of one year from the date of damage or destruction. If such a building is occupied by a nonconforming use prior to damage such use may be re-established.

(1)

If a building nonconforming as to dimension only is damaged or destroyed more than 50 percent of its reproduction value, it may only be restored or rebuilt in conformance with all the yard, percent of coverage and height regulations of the district in which it is located.

(2)

If a building nonconforming as to design is damaged or destroyed more than 50 percent of its reproduction value, no repairing or reconstruction shall be made unless every portion of the building is made to conform to regulations of the district in which the building is located and it may be occupied only by a conforming use.

(3)

Determination of the reproduction value shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the city and the third to be selected by the mutual consent of the two parties.

(e)

Discontinuance of use. If any nonconforming building or portion thereof is not occupied by a use for a continuous period of at least six months, the nonconforming building, or nonconforming portion thereof, shall be reconstructed to comply with this Zoning Code.

('64 Code, § 1173.03; Ord. 2042, passed 12-20-72; Am. Ord. 3850, passed 1-16-01)

Nonconforming use of a building means the use of a building existing lawfully at the time this Zoning Code (Ordinance 2042, passed December 20, 1972) or any amendment thereto became effective, but which did not conform to the use, advertising sign, parking or loading regulations of the district in which it is located. Any nonconforming use of a building may be continued only under the following conditions:

(a)

Change of use. The nonconforming use of a building may be changed only to a conforming use. It may be changed to a use classified as a more restricted use, if approved by the Planning Commission after a public hearing. Thereafter, it shall not be changed back to the former nonconforming use. For this purpose, the districts shall be considered as ranked in order of most to least restrictive, as set forth in section 1135.01.

(b)

Expansion of use. The nonconforming use of part of a building may only be expanded or extended throughout the floor on which such use prevailed at the time such use became nonconforming, and no change or structural alterations shall be made except if such changes and the use thereof comply with this Zoning Code.

(c)

Discontinuance of use. If any nonconforming use within a building or portion thereof is discontinued for a continuous period of six months, any future use of such building or portion thereof so discontinued shall comply with this Zoning Code.

(d)

Nonconforming signs. A nonconforming sign shall be regulated as set forth in section 1187.22 and hereinafter any lawful nonconforming sign may be maintained and structural or electrical parts may be repaired or restored to a safe condition only if required by law. Otherwise, a nonconforming sign shall not be altered or moved unless it is made to comply with this Zoning Code, and if any sign or part thereof is damaged, destroyed to more than 50 percent of its reproduction value or taken down it shall not be rebuilt or relocated unless made to comply with the regulations of the district in which it is located.

Any sign, including its structural and supporting members, nonconforming under this Zoning Code shall be discontinued within five years after the date of enactment of this Code (Ordinance 2042, passed December 20, 1972).

(e)

Nonconforming parking facilities. A building or use existing lawfully at the time this Zoning Code (Ordinance 2042, passed December 20, 1972) or any amendment thereto, became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided, however, any parking spaces that may be provided thereafter shall comply with the regulations set forth in chapter 1183. Furthermore, if the existing building is altered so that there is an increase in the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accordance with all provisions of Chapter 1183.

(f)

Nonconforming use; performance standards. Any use established and conforming before the effective date of this Zoning Code (Ordinance 2042, passed December 20, 1972) and nonconforming as to one or more of the performance standards established for research and industrial operations in section 1157.11 shall be required to conform thereto within two years.

('64 Code, § 1173.04; Ord. 2042, passed 12-20-72; Am. Ord. 3850, passed 1-16-01)

Nonconforming use of land means any lot or parcel of land, nonconforming as to use or dimension existing lawfully at the time this Zoning Code (Ordinance 2042, passed December 20, 1972) or any amendment thereto became effective but which does not conform with the use and/or dimension regulations of the district in which it is located. Any nonconforming use of land may be continued under the following conditions:

(a)

Change of use. The nonconforming use of land shall not be changed except to any other use which complies with this Zoning Code.

(b)

Expansion of use. The use of a lot or part thereof nonconforming as to use shall not be expanded or extended.

(c)

Discontinuance of use. If any lot or part thereof nonconforming as to use is discontinued for a continuous period of at least six months, any future use of such lot or part thereof shall comply with the use regulations of this Zoning Code.

('64 Code, § 1173.05; Ord. 2042, passed 12-20-72; Am. Ord. 3850, passed 1-16-01)

Overhead communication, electric power and street lighting wires, conduit or cables and transformer systems shall be nonconforming under this Zoning Code, and may be relocated, repaired or rebuilt only in accordance with chapter 1119 of the Subdivision Regulations and section 1175.09 of this Zoning Code.

('64 Code, § 1173.06; Ord. 2042, passed 12-20-72)

The foregoing provisions of this chapter shall also apply to buildings, structures, land or other uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments made to this Zoning Code.

('64 Code, § 1173.07; Ord. 2042, passed 12-20-72)

Soil, sand or gravel shall not be stripped or removed in any district, except excess soil, sand or gravel resulting from excavations or grading operations in connection with the construction or alteration or a building or other improvement for which a building permit has been issued, and only in accord with the requirements of section 1175.05.

('64 Code, § 1175.01; Ord. 2042, passed 12-20-72)

(a)

No building or structure shall be erected within any area herein described as a drainage course. For the purpose of this Zoning Code, a drainage course shall include any area such as drainage channels, streams and creeks, designed or intended for use for drainage purposes as shown in a recorded subdivision.

(b)

No filling of land or excavation of land shall be permitted within a drainage course, or on any lands within 100 feet, or more than 100 feet when so designated on the Zone Map, of the center line of such drainage course, except upon issuance of a certificate by the City Engineer that such filling, drainage detainment, dam or artificial lake will not obstruct the flow of water or otherwise reduce the water-carrying capacity of such drainage course or impair the design and character of such drainage course.

('64 Code, § 1175.03; Ord. 2042, passed 12-20-72)

(a)

Purpose and procedures. Every person, firm or corporation who proposes to:

(1)

Improve land by the construction or erection of a building or by structures of any kind, or by the construction, installation and maintenance of a sanitary and/or storm sewers, or by any other type of improvement to land; or

(2)

Change the contours of land by grading, excavating; or

(3)

Remove, destroy or change the natural topsoil, vegetation or trees, hereinafter these described purposes shall be referred to as improvements, shall submit to the Building Commission preliminary plans, including maps generally describing the proposed improvements. Upon finding that erosion, sediment control or measures to protect, improve or control change to vegetation or trees are not necessary, the commissioner shall grant the necessary permit. In the event that the commissioner finds that the proposed improvements may result in erosion, siltation and/or change of vegetation or trees of the site or adjoining property or property in the immediate area, he shall, within three days of receipt of such plans and maps, inform such person, firm or corporation, of his findings, and that such person, firm or corporation shall submit to the Planning Commission three copies of plans, consisting of maps and a description of the premises, setting forth the proposed improvements, together with the report of the Cuyahoga Soil and Water Conservation District, hereinafter referred to as the Conservation District, providing for erosion and sediment control measures.

(b)

Report and plans. The report and plans required by this section shall include but not be restricted to the following matters:

(1)

The areas of the described premises that may be exposed at any one time.

(2)

The type of temporary vegetation and/or mulching to be used to protect exposed areas of the described premises during:

A.

The construction of any type of improvements thereon; or

B.

Changes being made in the contours thereof; or

C.

In removal or destruction of topsoil.

(3)

The locations, construction and maintenance of sediment basins, or other control measures to be constructed and maintained on the described premises.

(4)

Description of existing natural or permanent vegetation and plant material, including specific varieties and approximate height and trunk size of trees, and their spacing or distribution.

(5)

Description of all natural or permanent vegetation, plant material and trees proposed to be altered, destroyed, removed, affected or influenced by changes in grades, soils, elevations, drainage or other actions.

(6)

The type of permanent and final vegetation and structures to be planted and installed on the described premises and the time within which such vegetation and structures are to be planted and installed, including:

A.

Individual and mass plantings with true scientific names;

B.

Size of the plant material of the initial planting; and

C.

Spacing of the plants.

(7)

Description of the type of the soil comprising the described premises and the physical properties of each type.

(8)

Description of the soil comprising the area immediately adjacent and within the general vicinity of the described premises, and the physical properties thereof.

(c)

Submission of report. The report submitted to the Planning Commission pursuant to this section, shall incorporate the appropriate recommendations of the Conservation District, provided, however, if any of the recommendations of the Conservation District are not incorporated into the submitted plans, the person, firm or corporation, or its agent, shall set forth the reason for not incorporating any of the Conservation District recommendations.

(d)

Supplemental regulations.

(1)

Any trees planted as street trees shall have a minimum seven-foot branching height.

(2)

No newly planted street trees shall be less than two-inch caliper.

(3)

Approval must be granted as per procedures of section 1191.10 before removing or destroying any live trees of more than four-inch caliper from undeveloped areas, undeveloped areas of lots and/or for preparation of a building or development site. The conditions under which approval may be granted shall be replacement with trees of similar or larger size, or substantial planting or revegetation determined by the commission or Building Commissioner to be effective in controlling erosion, sedimentation, ground water protection and runoff.

(4)

Except where unavoidable, grading for building site preparation, street and sidewalk construction and utilities construction shall be prohibited.

(5)

Grading and building site preparation shall employ the principle of no more than half-cut and/or half-fill where permitted, and where soils, geological and other conditions permit.

(6)

A bond and agreement with the city shall be furnished as per the requirements of § 1119.15 covering the purchase, installation and maintenance of all trees and landscape plantings required for development and building sites through two growing seasons. Release of bond shall be contingent upon final inspection and acceptance by the Building Commissioner not more than 30 days before the end of the two-year period and following written notice to the commissioner requesting inspection. At the time of inspection, all trees and landscape planting shall be in a thriving and uniform condition.

(e)

Commission action. Within five days from the date the plan required in this section has been submitted to the Planning Commission, it shall rule whether a public hearing shall be held to hear the proponents of the proposed improvement. If the commission should so rule, one copy of the plan shall be made available to the general public for its inspection, and within 30 days from the date of submission of the plan, the commission shall conduct a public hearing and make its recommendations to Council. If a public hearing is deemed not to be necessary, the commission shall make its findings and recommendations to Council within 14 days from receipt of the plan.

(f)

Council action. Upon approval by Council of the plan as submitted, or amended, the Building Commissioner shall issue the necessary permits and immediately thereafter, file one copy of such plan, as approved by Council, with the Conservation District. The commissioner shall be responsible for the administration of such approved plan, as approved by Council, and if he finds that any of the provisions of the approved plan are not being complied with or performed, the permit shall be revoked until such time as he is assured that steps have been taken to comply with each of the provisions of the plan.

('64 Code, § 1175.05; Ord. 2042, passed 12-20-72)

(a)

Permitted buildings and uses. Temporary structures or trailers may be permitted in any district if such are deemed necessary for construction operations of the main and accessory buildings for the area for which a building permit has been issued, provided:

(1)

Such structures or trailers shall be limited to offices, yards and buildings for the storage of building materials, equipment and workshops for prefabricating building components;

(2)

The operations and activities carried on within such structures or trailers shall not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations, electrical disturbances or glare to a greater extent than normal in a Residential District that is being developed;

(3)

The hours of operation shall be restricted to the hours between 8:00 a.m. to 6:00 p.m. and the concentration of vehicles attracted to the premises in connection with such use will not be more hazardous than normal traffic in a Residential District that is being developed;

(4)

All temporary structures or trailers shall be located at least 100 feet from the nearest occupied residential dwelling;

(5)

All structures and yard storage areas shall be enclosed by a fence; and

(6)

A conditional use permit has been applied for such temporary structures or trailers and approved along with special conditions that may be required in accordance with the provisions of section 1191.10.

(b)

Removal of structures. All temporary structures, trailers and construction material shall be removed within 30 days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.

('64 Code, § 1175.07; Ord. 2042, passed 12-20-72)

(a)

Public utility uses and distributing equipment for a public utility, if essential in a district, shall be permitted in any Zoning District.

(b)

All new or relocated communication, electric power and street lighting wires, conduit or cables and transformers shall be installed underground in accordance with the standards required in Administrative Order No. 72 and other applicable regulations of the Public Utilities Commission of Ohio and as may be further specified in chapters 1119 and 1173 and other applicable sections of this Zoning Code.

(c)

Where such public utility uses are proposed to be located across unplatted lands, such uses may be allowed subject to the issuance of conditional use permits in accordance with the provisions of section 1191.10.

(d)

The regulations herein governing lot size shall not apply to any lot designed or intended for a public utility and public service use when such lot size shall be deemed appropriate for such use by the Planning Commission, provided, however, that all structures shall be so located as to conform with the minimum yard dimensions set forth for a building in the district in which the structure is located.

('64 Code, § 1175.09; Ord. 2042, passed 12-20-72)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Clearcutting means the removal of trees and other vegetation from a site in preparation of the development of same.

Timbering, logging or commercial cutting means the cutting of trees bearing a trunk diameter of not less than nine inches measured at a distance of 14 inches above ground level.

('64 Code, § 1176.01; Ord. 2580, passed 4-20-82)

No property owner, lessee, agent, employee, corporation or person shall offer for sale, sell, cut, timber, log or clearcut any trees from any property located within the city without first obtaining a permit from the Building Commissioner. This chapter shall only be applicable to the commercial timbering, cutting, clearcutting and/or selling of trees.

('64 Code, § 1176.02; Ord. 2580, passed 4-20-82) Penalty, see § 1176.99

The application for such permit shall be in writing and shall set forth and be accompanied by the following:

(a)

The name and address of each owner of the premises upon which the timbering operation shall occur.

(b)

The name and address of the party who shall undertake the timbering operation.

(c)

A detailed plan or sketch of the area to be timbered or clearcut.

(d)

A legal description of the property.

(e)

A topographical survey map of the property.

(f)

A detailed plan outlining erosion control measures, sedimentation control, clean-up procedures and after care.

(g)

A nonrefundable certified check in the amount of $250.00.

(h)

A cash or surety bond in the form as approved by the Law Director, in favor of the city, in the amount of $25,000.00.

('64 Code, § 1176.03; Ord. 2580, passed 4-20-82; Am. Ord. 3504, passed 5-21-96)

The conditions under which permits shall be issued under this chapter are as follows:

(a)

The Building Commissioner shall be required to submit the detailed plan and sketch, and the application for the permit to the United States Department of Agriculture, Soil and Conservation Service for their review, and request from them a report and recommendation as to the potential risks and necessary protections against soil erosion, stream siltation and the necessary after-care measures to be undertaken; and such recommendations from the Soil and Conservation Service shall be attached to the permit, if granted, and the entity undertaking the timbering of trees shall comply with the recommendations contained therein.

(b)

The Building Commissioner shall not issue a permit in any case where such timbering of trees would result in undue erosion or undue stream siltation or where contiguous or adjacent properties would be adversely affected.

(c)

The Building Commissioner shall not issue a permit unless and until adequate assurance is furnished by the applicant that in the event a permit is granted and such timbering is done, all of the cordwood, branches, brush, rubble and refuse resulting therefrom shall be removed from the premises or cut up, chipped or mulched and placed on the forest floor in such a way that no fire hazard shall result therefrom.

(d)

The Building Commissioner shall not issue a permit for clearcutting operations unless there has been compliance with the provisions contained in chapter 1175 and adopted by reference in chapter 1331 of the codified ordinances of the city.

(e)

The Building Commissioner shall, if a permit is granted, specify the hours of operation that timbering may be conducted, designate the streets, if any, the applicant may use to haul timber on and provide for such other controls such as the prevention of mud on streets so as to ensure a clean and safe timbering operation.

(f)

The Building Commissioner shall attach any additional conditions to the permit, if granted, which are reasonable and protect the general health, peace, safety and welfare of the citizens of the city.

('64 Code, § 1176.04; Ord. 2580, passed 4-20-82) Penalty, see § 1176.99

(a)

The bond specified in subsection 1176.03(h) shall be signed by the owner of the premises upon which the timbering is to be conducted and each of the persons or other legal entitles with whom arrangements have been made for the timbering of trees.

(b)

The bond shall not be returned or released until such time as all provisions of this chapter and all conditions of the permit have been satisfactorily complied with, including but not limited to clean-up operations and erosion control measures.

('64 Code, § 1176.05; Ord. 2580, passed 4-20-82)

(a)

Any person or partnership violating any of the provisions of this chapter shall be guilty of a misdemeanor of the third degree.

(b)

Any company or corporation violating any of the provisions of this chapter shall be fined not more than $3,000.00.

(c)

A separate offense shall be deemed committed on each day during or on which a violation of this chapter occurs or continues.

('64 Code, § 1176.99; Ord. 2580, passed 4-20-82)

The purpose of the regulations contained in this chapter is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of illicit discharges to the municipal separate storm sewer system (MS4). This chapter establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process as required by the Ohio Environmental Protection Agency (Ohio EPA). The objectives of this chapter are as follows:

(a)

To prohibit illicit discharges and illegal connections to the MS4.

(b)

To establish legal authority to carry out inspections, monitoring procedures, and enforcement actions necessary to ensure compliance with this chapter.

(Ord. 4301, passed 3-6-07)

This chapter shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the MS4 and on any lands in the city, except for those discharges generated by the activities detailed in subsections 1177.07(a)(1) to (a)(3).

(Ord. 4301, passed 3-6-07)

The words and terms used in this chapter, unless otherwise expressly stated, shall have the following meaning:

Best management practices (BMPS) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Community means the City of Brecksville, its designated representatives, boards, and commissions.

Environmental Protection Agency or United States Environmental Protection Agency (USEPA) means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.

Floatable material means in general this term means any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.

Hazardous material means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illicit discharge means as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in section 1177.07.

Illegal connection means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.

Municipal separate storm sewer system (MS4) means as defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

(1)

Owned or operated by a state, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over sewage, industrial wastes, including special districts under state law such as a Sewer District, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States;

(2)

Designed or used for collecting or conveying storm water;

(3)

Which is not a combined sewer; and

(4)

Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.

National Pollutant Discharge Elimination System (NPDES) storm water discharge permit means a permit issued by the EPA (or by a state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Off-lot discharging home sewage treatment system means a system designed to treat home sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.

Owner/operator means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.

Pollutant means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, nonhazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.

Storm water means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Wastewater means the spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.

(Ord. 4301, passed 3-6-07)

Compliance with the provisions of this chapter shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this chapter are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.

(Ord. 4301, passed 3-6-07)

(a)

Where any provision contained in this chapter is in conflict with other provisions of law or ordinance, the most restrictive provision, as determined by the city, shall prevail.

(b)

If any clause, section, or provision contained in this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

(c)

This chapter shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such a nuisance.

(d)

Failure of the city to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the city, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

(Ord. 4301, passed 3-6-07)

The city shall administer, implement, and enforce the provisions of this chapter. The city may contract with the Cuyahoga County Board of Health to conduct inspections and monitoring and to assist with enforcement actions related to this chapter.

(Ord. 4301, passed 3-6-07)

(a)

Prohibition of illicit discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:

(1)

Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharges or flows from fire fighting activities. These discharges are exempt until such time as they are determined by the city to be significant contributors of pollutants to the MS4.

(2)

Discharges specified in writing by the city as being necessary to protect public health and safety.

(3)

Discharges from off-lot household sewage treatment systems permitted by the Cuyahoga County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29-02(6) until such time as the Ohio Environmental Protection Agency issues a NPDES permitting mechanism for residential one, two, or three family dwellings. These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Cuyahoga County Board of Health.

(4)

In compliance with the city Storm Water Management Program, discharges from all off-lot household sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency. When such permit coverage is available, discharges from off-lot discharging household sewage treatment systems will no longer be exempt from the requirements of this chapter.

(b)

Prohibition of illegal connections. The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.

(1)

This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(2)

A person is considered to be in violation of this chapter if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.

(Ord. 4301, passed 3-6-07)

Cross reference— Penalty, see § 1177.99

(a)

Establishment of an illicit discharge and illegal connection monitoring program. The city shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls and home sewage treatment systems; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.

(b)

Inspection of residential, commercial, industrial, or institutional facilities.

(1)

The city shall be permitted to enter and inspect facilities subject to this chapter as often as may be necessary to determine compliance with this chapter.

(2)

The city shall have the right to set up at facilities subject to this chapter such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by the city.

(3)

The city shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator's expense. All devices used to measure storm water flow and quality shall be calibrated by the city to ensure their accuracy.

(4)

Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility's owner/operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.

(5)

Unreasonable delays in allowing the city access to a facility subject to this chapter for the purposes of illicit discharge inspection is a violation of this chapter.

(6)

If the city is refused access to any part of the facility from which storm water is discharged, and the city demonstrates probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the public health, safety, and welfare, the city may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.

(7)

Any costs associated with these inspections shall be assessed to the facility owner/operator.

(Ord. 4301, passed 3-6-07)

Cross reference— Penalty, see § 1177.99

(a)

Notice of violation. When the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written notice of violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require the following actions:

(1)

The performance of monitoring, analyses, and reporting;

(2)

The elimination of illicit discharges or illegal connections;

(3)

That violating discharges, practices, or operations cease and desist;

(4)

The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and/or

(5)

The implementation of source control or treatment BMPs.

(b)

If abatement of a violation and/or restoration of affected property is required, the notice of violation shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.

(c)

Any person receiving a notice of violation must meet compliance standards within the time established in the notice of violation.

(d)

Administrative hearing. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, the city shall schedule an administrative hearing to be conducted before the Director of Public Safety to determine reasons for noncompliance and to determine the next enforcement activity against the owner/operator of the facility. Notice of the administrative hearing shall be hand delivered and/or sent registered mail to the owner/operator of the facility.

(e)

Appeal to the Board of Zoning Appeals. The Board of Zoning Appeals may grant a variance to the regulations contained in this chapter as provided herein. In granting a variance under this chapter, the Board of Zoning Appeals, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this chapter.

(1)

Procedures for variances and appeals. Any applicant seeking a variance to the conditions imposed under this chapter or an appeal to an administrative decision made under this chapter, other than a decision by the Board of Zoning Appeals, may apply to or appeal to the Board of Zoning Appeals. The following conditions shall apply:

A.

When filing an application for an appeal to the Board of Zoning Appeals from any orders, decisions, and determinations by the Building Commissioner, City Engineer and any other city administrative officer, board or commission, with respect to the application or enforcement of the provisions contained in this chapter, the applicant shall file a notice of appeal specifying the grounds therefor with the Building Department within ten days of the Building Commissioner's, City Engineer's or any other city administrative officer, board or commission's order, decision or determination. Upon determining that the application is complete and upon receipt of the required fee as provided by City Council for appeals to the Board of Zoning Appeals, the Building Department shall transmit to the Board of Zoning Appeals the application and a transcript constituting the record from which the order, decision or determination subject to appeal was based. This matter shall be placed before the Board of Zoning Appeals and heard in accordance with the provisions contained in chapter 1197 of the Zoning Code.

B.

Applications for appeals or variances made under these regulations shall contain the following information:

1.

The name, address, and telephone number of the applicant;

2.

Proof of ownership or authorization to represent the owner/operator of the facility;

3.

The location of the facility, including street address and permanent parcel number;

4.

A description of the administrative order, decision or determination being appealed or the conditions of the regulation from which a variance is sought.

C.

Applications for variances or appeals of administrative orders, decisions or determinations shall not be resubmitted to the Board of Zoning Appeals unless, prior to the decision being made by the Board of Zoning Appeals, the applicant shows the Board of Zoning Appeals newly discovered evidence that could not have been presented with the original submission. The Board of Zoning Appeals may, at its sole and complete discretion, re-hear an appeal only if it finds specific evidence of a substantial change in circumstances of the same property has occurred since the time of the original submission.

D.

All other procedures for the hearing and deciding of applications for variances or appeals not covered by this section shall be in accordance with the provisions contained in chapter 1197 of the Zoning Code.

E.

A decision by the Board of Zoning Appeals in response to an application for a variance request or an appeal of an administrative order, decision or determination filed pursuant to this chapter shall be final.

(f)

Injunctive relief. It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this chapter or fail to comply with an order of the Cuyahoga County Board of Health pursuant to R.C. § 3709.211. If a owner/operator has violated or continues to violate the provisions of this chapter, the city may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.

(Ord. 4301, passed 3-6-07)

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of the city to seek cumulative remedies.

(Ord. 4301, passed 3-6-07)

In addition to all of the remedies and enforcement procedures contained in this chapter, any person, firm, partnership, corporation, unincorporated association or other legal entity who shall violate any provision of this chapter shall be guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed on each day during or on which a continuing violation occurs.

(Ord. 4301, passed 3-6-07)

(a)

A planned development area (PDA) is a conditional use permitted in all one-family residential Zoning Districts pursuant to the schedule established in section 1151.04. In addition, planned development areas shall conform to the standards and regulations of this chapter, the procedures of chapter 1195, and the provisions of the district regulations in which the planned development area is located, unless the regulation has been otherwise altered pursuant to this chapter.

(b)

Planned development area shall be an area of development of a singularly planned project under one organization. Approval of a planned development area as a conditional use shall be requested by the organization responsible for the project; however, the planned development area may exist as a number of separate entities or a single consolidated entity. The planned development area shall be initially designed such that its construction, marketing and operation is feasible as a complete unit without dependence on any subsequent unit or section. A planned development area may be extended or amended with approval of the commission and Council in accordance with the procedures for PDAs in chapter 1195, provided it is developed in harmony with the balance of the development or group of contiguous planned development areas.

(c)

Regulations for a planned development area contained in this chapter permit departure from the strict application of some standard provisions, such as dwelling density, yard requirements, lot areas, and street and sidewalk design, in order to encourage ingenuity and imagination in the planning, design and construction of proposed developments, yet provide guidelines to assure a project is in keeping with the general land use intent and densities established in this Zoning Code or in any other adopted land use policy, including the city's Master Plan.

(Ord. 3443, approved by voters 11-7-95)

The purpose of this chapter is to encourage a comprehensive and planned approach to unified and coordinated project development by:

(a)

Encouraging the utilization of planning criteria to permit a more flexible arrangement of buildings and related open space; to preserve and utilize topography, other site features and natural resources; to provide creative and coordinated designs and environment; and to maximize the utilization of land for the benefit, use, enjoyment and safety of present and future residents.

(b)

Protecting the safety of landowners and the public by permitting design flexibility that allows a development to be adapted to the natural environment. By so doing, the possibility of landslides and the need for creating severe grades and escarpments by cut and fill, padding or terracing of building sites will be decreased.

(c)

Controlling aesthetics without overly infringing on design freedom.

(d)

Providing development density and land use incentives to aid in insuring the best possible development and preservation of the city's natural features, open space and other landmarks, so that they will be unified with the surrounding area.

(e)

Encouraging the retention of natural topographic features such as drainage swales, streams, slopes, ridge lines, rock outcroppings, vistas, natural plant formations and trees to preserve and enhance the beauty of the landscape;

(f)

Providing a system of criteria and policy sufficiently flexible so as to attain the benefits of development planning and, at the same time, limit the latitude of discretion so that a neighborhood may be certain as to the type of developments it may expect to have approved.

(g)

Providing measures to prevent the loss of soil from areas during and after development. By so doing, erosion will be prevented which may block streets, culverts and storm sewers; fill pools, impoundments and stream channels; upset the biodynamic cycle of streams both mechanically and chemically to limit usage of water and kill marine life and cause flooding which contributes to personal harm and property damage.

(h)

Providing a safe means of ingress and egress for vehicular and pedestrian traffic while at the same time minimizing the scarring effects of hillside street construction.

(Ord. 3443, approved by voters 11-7-95)

(a)

Planned development areas which have been established as conditional uses in accordance with the schedule established in section 1151.04 shall be limited to the primary uses, community and support facilities, and accessory uses set forth in the schedule established in division (c) below.

(b)

Community support facilities shall be permitted only in conjunction with the primary activities in the planned development areas, as may be determined and approved by the Planning Commission.

(c)

Schedule of permitted uses:

(Ord. 3443, approved by voters 11-7-95)

Minimum site area and maximum permitted densities for a planned development area shall conform to the schedule established in division (e) below.

(a)

Minimum site area. The gross area of a tract of land proposed as a planned development shall be not less than the minimum number of acres set forth in the schedule established in division (e) below for the district in which the planned development is located.

(b)

Ownership. The entire tract of land to be developed for a planned development shall be considered one zoning lot, and shall be in one ownership or, if in several ownerships, the application shall be filed jointly by all the owners of the properties included in the project. Further subdivision of land within the planned development may be permitted in accordance with the requirements and procedures of chapters 1121 and 1195. Any such subdivision of land including the proposed dimensions between buildings and between buildings and any subdivided lot lines shall be shown on the preliminary development plan.

(c)

Maximum permitted density. The gross maximum residential density of a planned development shall not exceed the permitted number of dwelling units per acre set forth in the schedule established in division (e) below for the district in which the planned development is located. However, the maximum number of units may not always be achievable in compliance with chapter 1179 because of the size, shape, or topography of the site or any other characteristics of the proposal. The total number of dwelling units permitted shall be calculated by multiplying the total land area by the number of dwelling units permitted per acre. Land area within public street rights-of-way existing at the time the development plan is submitted shall not be included in the total land area. However, any land area for local street rights-of-way proposed as part of the planned development may be included in determining the permitted density.

(d)

Maximum units on any one acre. The number of dwelling units on a single acre shall not exceed the density set forth in the schedule established in division (e) below. The number of dwelling units on a single acre shall be determined by applying an imaginary square, approximately 209 feet by 209 feet, in any location on the site.

(e)

Schedule of minimum site area and maximum permitted density for planned development areas:

(Ord. 3443, approved by voters 11-7-95)

(a)

Private yards. Each dwelling unit shall have its own private yard of limited common outdoor living area contiguous to the dwelling unit at its own entrance and differentiated for that residence by approved patios, decks, screens, walls and landscaped plantings.

(b)

Development boundaries. All buildings and accessory uses including parking areas shall comply with the setback standards set forth in the schedule established in division (f) below.

(c)

Building spacing. In order to ensure adequate privacy for each dwelling unit, site design for the location of and spacing between buildings in a planned development shall be consistent with the objectives of this chapter and shall conform to the building spacing requirements set forth below. In addition to the maximum number of units on any one acre set forth in the schedule established in subsection 1179.04(e), the minimum spacing between buildings shall be determined by the types of walls facing each other and shall be the greater of distances required below.

(1)

When both of the two walls facing each other contain no windows or patios or decks, the two dwellings shall be separated by a minimum of 15 feet.

(2)

When one or both of the walls facing each other contain windows other than primary windows of living areas, the two dwellings shall be separated by a minimum of 30 feet.

(3)

When one or both of the walls facing each other contain primary windows of living areas or patios or decks, the two dwellings shall be separated by a minimum of 50 feet.

(4)

For the purposes of this section, the following terms shall be defined as follows:

Living areas shall include living rooms, family rooms, great rooms, bedrooms and dining rooms.

Primary window means any window in a living space having a sill height of 60 inches or less above the floor.

(5)

The Planning Commission may consider the use of vision obscuring landscaping or other site, building or design feature provided between the mutually visible spaces as providing adequate privacy for each dwelling unit.

(d)

Building setbacks from interior streets and drives. Dwellings shall be set back a minimum of 25 feet from proposed local public street rights-of-way and the pavement of proposed private streets and driveways serving four or more units.

(e)

Maximum number of units attached. One-family attached dwellings shall be developed in sequences of not more than four dwelling units in an R-16 or R-8 District, provided:

(1)

The horizontal length of such sequences of attached units shall not exceed 50 feet in an unbroken plane without an offset of ten feet.

(2)

The average width of each attached unit shall be not less than 25 feet.

(f)

Schedule of minimum building and parking setbacks from development boundaries and streets for planned development areas:

(Ord. 3443, approved by voters 11-7-95)

In a planned development, separately owned parcels for one-family detached dwelling units shall comply with the following:

(a)

Any ownership arrangement, including fee simple lots, condominiums, and zero lot line parcels, shall comply with the spacing requirements of section 1179.05. Within any such sublot, the applicant shall depict the maximum parameters or building envelope which indicates where the buildings shall be located and demonstrates that such building locations will be in compliance with the spacing requirements of section 1179.05. Alternatively, if such building locations are not depicted on any such sublots, the Planning Commission may establish on the preliminary plan the appropriate minimum front, side and rear yard dimensions for each lot.

(b)

The private yard provided for in subsection 1179.05(a) shall not be required to be included within any individually owned parcel.

(c)

Any land area not delineated for individual ownership shall be considered to be common land, the ownership, management and maintenance of which shall be clearly set forth in the covenants and restrictions of the homeowners association or similar organizational structure, and subject to review and acceptance by the Law Director and approved by Council.

(Ord. 3443, approved by voters 11-7-95)

The common open space, wherever possible, shall consist of interconnected areas throughout the development adjacent to all dwelling units, shall be of an area large enough to be suitable for the intended purposes of the area, and:

(a)

A minimum of 20 percent of a planned development area shall be permanently preserved as common open space. Of all required open space, a minimum of 50 percent (or the equivalent of one acre for every ten acres in the proposed planned development area) shall have a slope less than 15 percent, be of such suitable size and shape, and be available for and designed for active and passive recreation purposes.

(b)

Private yards, street rights-of-way, private drives, center island of streets, parking areas, required setbacks between the project boundary lines and buildings or parking areas, minimum spacing between buildings, landscaping in parking lots, and areas required for accessory uses shall not be included in determining the area of the minimum open space required. Land dedicated to public purpose and accepted by the city may, if recommended by the Planning Commission and approved by Council, be considered as part of the required open space.

(c)

The continued maintenance and use for the purposes intended for the minimum required open space shall be assured through legally enforceable reservations and restrictions prepared by the applicant, reviewed and accepted by the Law Director, and approved by Council with the final development plan.

(Ord. 3443, approved by voters 11-7-95)

(a)

Required number of off-street parking spaces. Parking shall be provided in accordance with the schedule established in section 1183.05, for uses which are permitted, provided that required parking for each dwelling shall be located within 100 feet of the unit served. Parking spaces for uses outside the planned development area or for continuation of uses on parcels adjacent to the planned development shall not be permitted.

(b)

Visitor parking required. In addition to the requirements of section 1183.05, additional off-street visitor parking may be required by the Planning Commission when the commission determines that the public and private streets are not suitable for occasional on-street parking and/or that the private driveways accommodate less than three vehicles per dwelling unit.

(c)

Regulations for parking spaces.

(1)

Parking spaces with associated access driveways shall be designed according to the standards for designing parking areas in section 1183.04.

(2)

Automobile parking areas and access driveways shall be screened from adjoining property by the planting of substantially solid evergreen shrubbery or the construction of a decorative fence or wall as deemed suitable by the commission. Landscape islands and planting areas shall be designed so that no unbroken row of parking contains more than eight parking spaces.

(3)

Private streets and driveways shall have clear access to dedicated streets and shall be owned and maintained by the owners' association, the developer or others in a condition and under terms acceptable to the city by written agreement.

(d)

Street and sidewalk regulations. All public and private streets shall be built to standards and specifications set by the city. The standards of chapters 1117 and 1119 shall apply unless expressly modified by changes recommended by the City Engineer, the Planning Commission and approved by Council.

(1)

The minimum curb radius of cul-de-sacs shall be not less than 45 feet, and provided that in all cases the minimum street right-of-way radius around the end of a cul-de-sac shall be ten feet larger than the pavement curb radius. A squared right-of-way around a cul-de-sac is permitted. Planting areas shall be prohibited in cul-de-sacs which have a radius less than the standard requirements of the Subdivision Regulations.

(2)

Where street grades exceed 5 percent, where rights-of-way and pavement widths below the standard requirements of the Subdivision Regulations are permitted, or where the maintenance of safety and convenience is improved, on-street parking lanes shall be prohibited unless specifically approved by the commission. In such areas the Commission may require the intermittent widening of streets for parking and turnarounds or off-street parking areas to be provided.

(e)

Access to public streets. No more than 32 dwelling units shall be located off one access to a public street.

(Ord. 3443, approved by voters 11-7-95)

In addition to the applicable planning criteria set forth in this Zoning Code, the planning and design of development areas shall take into account the following factors:

(a)

Development areas. The areas allowed for building development shall lie outside of the flood plain, possess stable soil structure and consist of area with slopes of less than 15 percent gradient and which, through approved limited regrading, are physically suited for building development.

(b)

Topography and natural features. Site planning shall be designed to take advantage of the topography of the land in order to utilize the natural contours, and to minimize destruction of trees and topsoil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create variations in the arrangements of buildings, open spaces and site features. It is intended that a program for preserving and quickly recreating an attractive landscape environment be a part of any development. Natural wooded areas shall be preserved to the greatest extent possible.

(c)

Landscaping. All development and common open space shall be landscaped according to an overall coordinated plan, utilizing evergreen type whenever possible. Plantings, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances.

(d)

Grading. Grading for building site preparation, street and sidewalk, and utilities construction shall be minimized and limited. Grading plans shall conform to the provisions of chapters 1119 and 1175, and other requirements as may be determined necessary to carry out the intent of this chapter and other ordinances. Grading design shall employ the principle of half-cut and half-fill where soils, geological and other conditions permit rather than all cut or all fill. Grading requirements may be modified if recommended by the City Engineer, the commission and approved by Council.

(e)

Location of dwelling units. No dwelling unit shall front on arterial or collector streets. All dwelling units, wherever possible, shall front on cul-de-sacs, one-way or loop streets, or be off of courts or private streets as may be permitted.

(f)

Development layout. Dwelling units shall be grouped or clustered so as to break up the development arrangement, maximize privacy, collect and maximize the common open space and promote the individual character and coordinated layout of each lot, cluster and grouping. Streets and cul-de-sacs shall be laid out so as to utilize natural contours and discourage through and high speed traffic, except on collector or arterial streets.

(g)

Vehicular circulation. The circulation system and parking facilities shall be designed to fully accommodate the automobile with safety and efficiency without permitting it to dominate and destroy the form of the area. If developments have driveway access to arterial and collector streets, such driveways shall be placed at locations where the traffic can be controlled and operated effectively with the minimum interference with the capacity and flow of the existing streets.

(h)

Pedestrian circulation. An interconnecting walkway system shall be designed to promote easy and direct barrier free access, using accepted criteria, to all areas of the development in a carefully conceived total service plan. Wherever possible, the vehicular and pedestrian circulation patterns shall be completely separate and independent of one another.

(i)

Alignments. Street, sidewalk, and utility alignment shall be parallel to contours, in valleys or on ridges where possible, in common open areas as permitted by the commission. In areas served by private drives or cul-de-sac streets, a four foot concave dished surface of concrete or other approved materials may serve as a walkway and as a storm drainage channel if recommended by the City Engineer, the commission and approved by Council.

(j)

Solid waste storage and disposal. All solid waste rubbish, garbage and receptacles shall be stored in enclosed buildings acceptable to and regulated by the city.

(Ord. 3443, approved by voters 11-7-95)

Planned development area plans shall be submitted and approved under the procedures and requirements for approval in chapter 1195 and procedures for issuing conditional use permits in section 1191.10.

(a)

Additional standards. Additional development requirements formulated to achieve the objectives of the PDA may be established at the time the PDA development plan is reviewed. Any dimensional specifications adopted with such plan shall become binding land use requirements for the proposed planned development.

(b)

Modifications to standards. The Planning Commission may consider a development plan which varies from the strict standards of this chapter and act upon the proposed application as if in compliance with this chapter if the Planning Commission determines that the proposed development substantially complies with the specific requirements, purposes, intent and basic objectives of this chapter, and that through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives or other features, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements.

(Ord. 3443, approved by voters 11-7-95)

(a)

In order to carry out the purposes of this Zoning Code, the city is hereby divided into Height Districts which are either related to the Use District enumerated elsewhere in this Code, or are designated on the Zone Map by symbols and boundaries.

(b)

Main and accessory buildings shall be erected, altered, moved or maintained only in accordance with the maximum height of building regulations established for each Height District.

('64 Code, § 1181.01; Ord. 2042, passed 12-20-72)

(a)

The height of any main building or structure in a Class One Height District shall not exceed 30 feet, except that not more than ten percent of the ground floor area may have a height not exceeding 40 feet, except as provided below. In a R-30 District, residential dwellings shall not exceed 30 feet in height except that not more than 20 percent of the ground floor area may have a height not exceeding 40 feet. In a R-40 District, residential dwellings shall not exceed 30 feet in height except that not more than 25 percent of the ground floor area may have a height not exceeding 40 feet. In a R-60 District, residential dwellings shall not exceed 30 feet in height except that not more than 30 percent of the ground floor area may have a height not exceeding 40 feet.

(b)

The height of any accessory building shall not exceed 15 feet.

(c)

All dormers, stairwells, elevator shafts, air conditioning units or other similar structures or equipment extending above the roof line of a building shall be provided with a solid cover with design conforming to the architectural style and materials of the building, and shall extend no more than ten feet above the height of the building.

('64 Code, § 1181.11; Ord. 2042, passed 12-20-72; Am. Ord. 4185, passed 7-5-05)

(a)

The height of any main building or structure in a Class Two Height District shall not exceed 50 feet, except that not more than 20 percent of the ground floor area may have a height not exceeding 60 feet.

(b)

The height of any accessory building shall not exceed 20 feet.

(c)

All dormers, stairwells, elevator shafts, air conditioning units or other similar structures or equipment extending above the roof line of a building shall be provided with a solid cover with design conforming to the architectural style and materials of the building, and shall extend no more than ten feet above the height of the building.

('64 Code, § 1181.13; Ord. 2042, passed 12-20-72)

(a)

The height of any main building or structure in a Class Three Height District shall not exceed 80 feet except that not more than 20 percent of the ground floor area may have a height not exceeding 90 feet.

(b)

The height of any accessory building shall not exceed 15 feet.

(c)

All dormers, stairwells, elevator shafts, air conditioning units or other similar structures or equipment extending above the roof line of a building shall be provided with a solid cover with design conforming to the architectural style and materials of the building, and shall extend no more than ten feet above the height of the building.

('64 Code, § 1181.15; Ord. 2042, passed 12-20-72)

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

(a)

To relieve congestion so the streets can be utilized more fully for movement of vehicular traffic;

(b)

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

(c)

To protect adjoining residential neighborhoods from on-street parking;

(d)

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

(e)

For such purposes as to provide regulations and standards for accessory off-street parking and loading facilities in accordance with the objectives of the Master Plan of the city.

('64 Code, § 1183.01; Ord. 2042, passed 12-20-72)

(a)

Accessory off-street parking and loading facilities shall be provided as a condition precedent to occupancy of all residential, institutional, recreational, places of assembly, business, office, research, production, service and industrial uses in conformance with the provisions of this chapter:

(1)

Whenever a building is constructed or a new use established;

(2)

Whenever an existing building is altered and there is an increase of the number of dwelling units, seating capacity, the floor areas of the building; and

(3)

Whenever the use of an existing building is changed to a more intensive use which requires more off-street parking facilities, except certain nonconforming uses may continue as provided in subsection 1173.04(e).

(b)

This Zoning Code shall be construed as encouraging the voluntary establishment of accessory off-street parking and loading facilities to serve an existing use of land or buildings, provided that there is adherence to the regulations herein controlling the location, capacity, design and operation of such facilities.

('64 Code, § 1183.02; Ord. 2042, passed 12-20-72)

For the purpose of determining the off-street parking and loading facilities required as accessory to a use, definitions and standards for measurement are established as follows:

Employees means wherever the parking requirement is based on employees, means the maximum number of employees on duty on the premises at one time.

Floor area, for determining parking requirements, means the total area of all the floors of the building used by the principal activity as enumerated in the schedule, section 1183.05, measured from the exterior faces of the building. Basement areas or other floors, or parts thereof, designed, arranged or used exclusively for storage or similar uses, may be excluded from the floor area if approved by the Planning Commission.

Gross floor area, for determining loading requirements, means the total floor area used for the main and accessory activities, and storage areas of the building served.

Off-street loading space means an open space or enclosed area as part of a building, directly accessible to a public street and available whenever needed for the loading or unloading of goods and products to the main use.

Off-street parking facility means an open or enclosed area (garage) directly accessible from a public street for parking of automobiles of owners, occupants, employees, customers or tenants of the main use. Each space shall be directly accessible from a drive or aisle, and not less than ten feet wide by 20 feet long, exclusive of all drives, aisles, ramps and turning space, except parking areas operated by an attendant and parking areas for one and two-family dwellings, may be less than the above size if approved by the commission.

Seating capacity means the number of seating units installed or indicated on plans for places for assembly. Where not indicated on plans it shall be assumed that a fixed seating unit will occupy seven square feet of floor area exclusive of all aisles or areas used for assembly. For areas without fixed seating, it shall be assumed that a seating unit will occupy 15 square feet of floor area.

('64 Code, § 1183.03; Ord. 2042, passed 12-20-72; Am. Ord. 2303, approved by voters 6-6-78)

(a)

Application for providing facilities. An application for a permit to construct a building or parking area, or for a certificate of occupancy for a change in use of land or a building shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area and loading facilities to be provided in compliance with the provisions of this Zoning Code.

(b)

Determination of required parking facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the section on measurement units to the various categories and uses in the Schedule of Parking Requirements and any other applicable provisions of this Code. The computation shall be based on the total area of the various functions and activities, including consideration of number of employees and all of the types of functions such as office, assembly, recreation, education, and the like, for a given category where applicable. Modification to the number of spaces determined as a result of these computations, may be approved by the Planning Commission pursuant to section 1183.06. Where the computations result in fractional space in excess of one-half, it shall be counted as one additional space.

(c)

See the following standards for designing parking areas.

Standards for designing parking areas.

Scale 1" = 30.0'

All parking spaces are 10.0' by 20.0'

One-way traffic 45° parking

Two-way traffic 45° parking

One-way traffic 60° parking

Two-way traffic 60° parking

One- or two-way traffic 90° parking

(d)

Perimeter parking areas may be paved to a depth of 18 feet where curbing is provided to limit car overhang to two feet over the nonpaved area provided the two foot overhang area is not included in the required yard setback area. Where cars are parked against raised sidewalks, the parking area may be paved to a depth of 18 feet if the sidewalk width is extended two feet to allow for the car overhang of the sidewalk. Site plans shall indicate the total parking stall dimensions including any overhang area.

('64 Code, § 1183.04; Ord. 2042, passed 12-20-72; Am. Ord. 2303, approved by voters 6-6-78; Am. Ord. 3824, passed 8-1-00)

A building occupied by one use shall provide the off-street parking spaces as required for that use. A building or group of buildings, occupied by two or more types of functions or uses operating normally during the same hours, shall provide spaces required for each function and use except as may be modified by section 1183.06.

Accessory off-street parking facilities shall be provided in quantities not less than set forth in the following schedule:

('64 Code, § 1183.05; Ord. 2303, approved by voters 6-6-78; Am. Ord. 2430, passed 5-15-79; Am. Ord. 3195, passed 2-4-92)

(a)

Public facilities available. The required spaces as determined by the schedule in section 1183.05 and standards may be modified by the Planning Commission in business areas where free parking areas or publicly owned parking areas are readily accessible and where land is not available for development of accessory off-street parking as required herein.

(b)

Joint use of parking facilities. Institutions, places of amusement or assembly may make arrangements with adjacent business establishments which normally have different hours of operation for sharing up to, but not more than 50 percent of their requirements in adjacent parking areas which are accessory to such business uses, provided, however, where there is a sharing of facilities by different owners or tenants, there shall be a deed, lease agreement or easement covering a period of time as may be required by the commission, and provided further that, should any of the uses be changed or the facilities discontinued, then the required spaces for the use or uses remaining shall be provided elsewhere as a condition precedent to the use of such building or buildings.

(c)

Excessive parking requirements. Wherever the parking requirements based on functions and uses, area and seating, based on the schedule of parking requirements can be shown by the applicant to result in an excessive number of parking spaces, the commission may recommend a reduction of spaces up to the number that are excessive. The Planning Commission shall make their determination on reduced required parking, based on a written request and documentation submitted by the applicant.

(d)

Reduction of enclosed garages for new multiple family developments. The commission may recommend to Council a reduction in the required number of enclosed garages in exchange for outdoor parking spaces when either:

(1)

The proposed development has included sufficient supplemental landscaping both along the periphery of the site to screen parking from adjacent property, and in the parking areas to effectively reduce the visual impact of large parking areas; or

(2)

The site has unique topographic features which achieve the landscaping objectives.

This section does not reduce the total sum of the open and enclosed parking spaces which shall be provided for new multiple family development.

(e)

Reserved area for future parking requirement. Whenever the Commission recommends the construction of a lesser number of spaces than the required number of spaces from the schedule of parking requirements, pursuant to this section, the commission shall require that all of the area needed to accommodate the additional number of parking spaces to make up the total parking requirement be reserved as open areas on the site. Such reserved parking shall be in addition to all required yards and shall be indicated on drawings as reserved area for future parking requirement.

('64 Code, § 1183.06; Ord. 2042, passed 12-20-72; Am. Ord. 2303, approved by voters 6-6-78)

Off-street parking and loading facilities accessory to an existing use on the effective date of this Zoning Code (Ordinance 2042, passed December 20, 1972) and those required as accessory to a use created or a building constructed or altered thereafter, shall be continued and maintained in operation, and shall not be used for automobile sales, service, repair of motor vehicles or other outdoor uses and shall not be reduced below the requirements during the period that the main use is maintained unless an equivalent number of spaces shall be provided for such use in another approved location.

('64 Code, § 1183.07; Ord. 2303, approved by voters 6-6-78)

Accessory parking facilities shall be provided at locations as set forth in this chapter except as may be regulated or modified by the provisions in other chapters of the Planning and Zoning Code.

(a)

Residential Districts. Enclosed and/or open parking facilities as required, shall be located on the same lot as the dwelling unit to which they are accessory; in addition, in Group and Apartment Dwelling Districts, the parking facilities shall be located within a walking distance of 200 feet of the building entrance of the dwelling unit to be served.

The total number of open accessory parking spaces provided for any dwelling shall not exceed the spaces required by more than 50 percent unless permitted as a conditional use.

(b)

Institutional, amusement and assembly uses, business and office uses. Parking facilities shall be located on the same lot as the institution, place of amusement or assembly, business or office. However, parking on an adjoining lot may be permitted pursuant to subsection 1183.06(b). The commission shall determine that such parking on the adjoining lot is so located to conveniently meet the needs of the building to be served. Evidence of the applicant's right to use such parking spaces during nonconflicting normal hours of use shall be submitted to the commission.

(c)

Industrial Districts and uses. Parking facilities shall be located on the same lot as the use.

('64 Code, § 1183.08; Ord. 2303, approved by voters 6-6-78)

Drive-thru establishments and other establishments which, by their nature, create lines of customers waiting to be served within automobiles shall provide off-street stacking spaces, on the same lot as the use, in addition to the required number of parking spaces specified in schedule 1183.05, in accordance with the following:

(a)

Minimum number of stacking spaces.

(1)

Establishments serving and/or selling food and/or drinks—Ten stacking spaces.

(2)

Automatic car wash facilities where a chain conveyor or other similar method is used to move the vehicle through the structure—Ten stacking spaces.

(3)

Facilities with service windows or service entrances such as banks, ticket booths, and other similar facilities—Six stacking spaces.

(4)

Gasoline stations: Per accessible side of a gasoline pump island—Two stacking spaces.

(b)

Vehicles prohibited within the public right-of-way. In any case, vehicles shall not be permitted to wait within the public right-of-way for service at such drive-in or drive-thru facilities.

(c)

Waiting space dimensions. Each off-street stacking space shall have an area not less than 144 square feet (measuring eight feet by 18 feet) exclusive of access drives and parking aisles and shall not interfere with parking or circulation.

(Ord. 3741, passed 7-20-99)

Parking areas and access driveways shall be designed, constructed, altered, graded and maintained as follows:

(a)

Grading and pavement. Parking areas and access driveways shall be so graded and drained so as to dispose of all surface water, and drainage shall not be allowed to flow across a public sidewalk or onto adjacent properties. The areas and driveways shall be improved with concrete, asphaltic pavement, or other hard, permanent surface as may be approved by the Building Commissioner and City Engineer. All grading, pavement and construction shall be in accordance with the standards established by the City Engineer.

(b)

Design of parking lots. Parking areas shall be appropriately designed and developed, as required by the Planning Commission, with landscaped areas, pedestrian walkways and planted island reasonably distributed throughout so as to interrupt the expense of paved areas. The parking areas shall meet the following requirements, except as otherwise approved by the Planning Commission and approved by Council:

(1)

Islands, walkways and landscaped areas shall have a minimum dimension of ten feet.

(2)

Every landscaped area shall be planted with a large or medium sized permitted street tree as defined in chapter 915, and according to the planting instructions contained in that chapter.

(3)

Parking areas shall be designed so as to have no more than 20 cars in an unobstructed line of sight without an intervening landscaped island.

(4)

Not less than ten percent of the land area within the parking area shall be developed as landscaping planting areas. This requirement may be modified by the Planning Commission for parking areas containing less than 100 parking spaces.

(5)

Parking areas with existing specimen trees of 18 inches of D.B.H. or greater, as defined in chapter 915, shall be designed to accommodate the preservation of these trees with islands adequate to protect the tree and root system unless otherwise approved by the City Arborist.

(c)

Signs. Signs located on or related to parking areas shall be limited to those indicating instructions for parking or safety.

(d)

Wheel blocks. Wherever a parking area extends to a property line or sidewalk, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line or blocking the sidewalk.

(e)

Striping. All parking areas with a capacity over 12 vehicles shall be striped to indicate the parking stalls.

(f)

Maintenance. The owner of the property used for parking and/or loading shall maintain such area in good condition without holes, free of all dust, trash and other debris.

('64 Code, § 1183.15; Ord. 2042, passed 12-20-72; Am. Ord. 2303, approved by voters 6-6-78; Am. Ord. 3741, passed 7-20-99; Am. Ord. 3824, passed 8-1-00; Am. Ord. 4228, passed 12-20-05)

(a)

Parking areas shall be illuminated wherever necessary to protect the public safety. Such illumination shall not be less than one-quarter of one lumen per square foot of parking area.

(b)

Lighting fixtures shall be so designed and located as to directly illuminate the specific area only, and not reflect rays of light beyond the lot line. Direct illumination on adjoining Residential Districts and streets is prohibited. The intensity of all lighting shall not have excessive brightness or cause a glare hazardous to pedestrians and auto drivers and shall otherwise conform to standards designated by the commission.

('64 Code, § 1183.16; Ord. 2303, approved by voters 6-6-78)

The location, width and number of entrance and exit driveways serving accessory parking facilities (other than those required for detached and semi-detached dwellings), including waiting spaces for lines to drive-in windows, pick-up and control stations, ticket booths and similar facilities, fee parking lots and public and accessory parking lots shall conform to the following regulations.

(a)

Design of driveways. All such driveways shall be designed to minimize interference with the use of adjacent property, pedestrian movement and the flow of traffic on the streets to which they connect.

(b)

Distance between driveways and intersection streets.

(1)

The minimum distance from the nearest edge of a driveway and the right-of-way of the intersecting arterial or collector street (as designated on the Zoning Map), measured along the property line or extension thereof, shall not be less than 60 feet.

(2)

The minimum distance from the nearest edge of a driveway and the right-of-way line of a local street (as designated on the Zoning Map), measured along the property line or extension thereof, shall not be less than 40 feet.

(c)

Distance between two driveways along arterial streets.

(1)

For lots of record, the minimum distance between the centerlines of any two two-way driveways or a pair of one-way driveways connected to an existing or proposed arterial street (as designated on the Zoning Map of the city), shall not be less than 200 feet, provided that any lot of record which, on the effective date of this section has a frontage less than 200 feet, may, at the option of the commission, be permitted one two-way driveway or a pair of one-way access drives. Where appropriate, the Planning Commission may require common driveways for two or more adjacent parcels in order to achieve the objectives of this section.

(2)

Any subdivision proposed which would create one or more lots of record with frontages less than 200 feet, shall not be approved unless an agreement, deed restriction or other legal conveyance, acceptable to the commission, is duly recorded as a part of the subdivision to assure that any subsequent development on the two or more separate parcels shall be carried out in conformance to this section.

(d)

Entrance or exit driveways. Entrance or exit driveways shall not exceed three lanes in width and shall be designed so that all vehicles can be driven forward into the street. The width of such driveways, measured at the street property lines, shall conform with the following schedule:

If both entrance and exit traffic is to be accompanied by four or more lanes adjacent to each other, such entrance lanes shall be separated from exit lanes by a median divider which shall have a minimum width of five feet and be appropriately landscaped or other separation acceptable to the commission. The angle of intersection between the driveway and the street shall be between 70 and 90 degrees. The radii of the edge of the driveway apron shall be at least 25 feet, unless under special circumstances, and when recommended by the Planning Commission, such driveway radii may be reduced to not less than 15 feet.

(e)

Drive-in windows. Each drive-in window, pickup and control station, ticket booth and similar facility shall provide spaces in a waiting line to accommodate at least six vehicles on the lot occupied by the facility.

('64 Code, § 1183.17; Ord. 2303, approved by voters 6-6-78)

Accessory loading and unloading facilities shall be provided as a condition precedent to occupancy of all business, service and industrial buildings hereafter erected and altered to such uses and shall be maintained so long as such building is occupied or unless equivalent facilities are provided in conformance with the regulations of this chapter.

(a)

Allocation of use. Space required and allocated for any off-street loading shall not, while so allocated be used to satisfy the space requirements for off-street parking. An off-street loading space shall not be used for repairing or servicing of motor vehicles, and shall be available for its designated purpose when needed.

(b)

Location of facility. All required accessory loading berths shall be related to the building and use to be served so that no part of the truck shall project into a public street, sidewalk or off-street parking area during the loading or unloading process. A required loading space shall not be located in a required front yard, or a required side or rear yard if adjoining a Residential District or a street. If the loading space is enclosed it may be located in a side or rear yard if approved by the Planning Commission.

(c)

Access-driveways. Each required off-street loading space shall be designed for direct vehicular access by means of a driveway or driveways to a public street in a manner set forth in section 1183.17.

(d)

Improvements. All accessory off-street loading spaces shall be improved as required for parking areas as set forth in section 1183.15.

(e)

Minimum size criteria. Each required off-street loading space for buildings less than 20,000 square feet in gross floor area shall be at least ten feet wide by at least 25 feet in length. Each required loading space for a building of 20,000 square feet or more of floor area shall be not less than 14 feet wide by 50 feet in length. The above areas shall be exclusive of the maneuvering space, and each space shall have a vertical clearance of at least 14 feet.

(f)

Schedule of required loading facilities. Buildings of less than 5,000 square feet of floor area shall be provided with receiving platforms or other commensurate facilities and buildings of 5,000 square feet or more shall be provided with accessory off-street loading spaces as required herein:

(g)

Excessive facilities. Wherever the schedule for loading facilities is shown to result in excessive size or number of loading facilities for a building or group of buildings by virtue of the size of the facilities or the design thereof, reduced requirements can be recommended by the Commission.

('64 Code, § 1183.20; Ord. 2042, passed 12-20-72; Am. Ord. 2303, approved by voters 6-6-78)

(a)

Detailed drawings of accessory off-street parking and loading facilities shall be submitted in accordance with all the provisions of this chapter for review by the Planning Commission.

(b)

The commission may require structural or landscape features such as bumper guards, curbs, walls, fences, shrubs, ground cover or hedges to further carry out the objectives of the Master Plan and of this Zoning Code before the application is approved and a building permit or certificate of occupancy may be issued.

('64 Code, § 1183.25; Ord. 2042, passed 12-20-72)

The following terms shall have the following definitions and meanings for the purposes of this chapter and for the Brecksville Planning, Zoning and Building Codes:

Barbed wire fence means a fence made with metal wire having sharp points or barbs along its length.

Brick, stone or other masonry fence or wall means an open fence or solid wall constructed of brick, stones or other masonry substance.

Chain link fence means a fence usually made of metal consisting of loops of wire interconnected in a series of joined links.

Commercial area means any areas of the city zoned for business, industrial or parking use, including areas zoned OB, LB, SC, CS, MS, OL, MD and AP as provided for in section 1135.01 of the Code.

Electric fence means a fence or other structure included in which or attached to which is any device or object which emits or produces an electric charge, impulse or shock when the fence or structure comes in contact with any other object, person, animal or thing, or which causes or may cause burns to any person or animal.

Fence means any structure composed of wood, steel, vinyl, simulated wood, wood products or other material erected in such a manner and positioned as to enclose or partially enclose any premises or any part of any premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers or other vegetation when erected in such position to enclose any premises or any part of any premises shall be included within the definition of the word "fence."

Fence height means the maximum height between any two adjacent fence posts or other supporting structures, measured from ground level to the top of the fencing material or any decorative feature placed thereon.

Open ornamental fence means a fence, usually made of wood, constructed for its beauty or decorative effect. Open ornamental fences include the following:

(1)

Split rail fence or post and rail fence means a fence constructed of narrow whole or split wooden timbers, placed horizontally between upright supporting posts.

(2)

Post and board fence or paddock or corral means a fence constructed of wooden boards placed horizontally between upright supporting posts or placed into slotted posts.

(3)

Picket fence means an open fence made of upright poles or slats. The size of the slat and the spacing between the slats shall be subject to the following:

Privacy fence means a fence to inhibit public view and provide seclusion and, when viewed at right angles, having more than 50 percent of the area of its vertical plane, the area within a rectangular outline enclosing all parts of the fence in its vertical plane, closed to light or air. Privacy fences include the following:

(1)

Stockade fence or palisade fence means a fence constructed with a row of large, pointed stakes placed upright and against each other, having more than 50 percent of the area of its vertical plane closed to light or air.

(2)

Solid board means a fence constructed with a row of boards placed upright and against each other, having more than 50 percent of the area of its vertical plane closed to light or air.

(3)

Board on board fence or shadow box fence means a fence constructed with a row of boards placed upright on opposite sides of a supporting beam. The individual boards on the same side of the supporting beam shall be separated by a distance that equals or is less than the width of the board. The fence shall have more than 50 percent of the area of its vertical plane closed to light or air.

(4)

Basket weave fence or woven fence means a fence made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a plaited basket.

(5)

Louver fence or ventilating fence means a fence made of a series of slats placed at an angle or position so as to provide passage of air but to deflect light perpendicular to its vertical plane.

Residential area means any areas of the city zoned for residential use or community facilities use, including areas zoned R-60, R-40, R-30, R-20, R-16, R-8, R-A and C-F as provided for in section 1135.01 of the Code.

Wrought iron fence means a fence constructed of wrought iron, or other metal manufactured to look like wrought iron slats which come to a point or other decorative feature which are mounted upright on the sides of supporting horizontal beams between supporting posts.

(Ord. 3943, passed 3-19-02)

(a)

Chain link, board on board, picket, split rail, post and rail, post and board, paddock, corral, wrought iron, open ornamental and basket weave fences shall be permitted in residential areas as regulated in this chapter. In addition, decorative brick or stone walls may be permitted in residential areas as regulated in this chapter.

(b)

Chain link, louver, board on board, wrought iron, open ornamental and basket weave fences shall be permitted in commercial areas as regulated in this chapter. In addition, brick, stone or other masonry walls, as recommended by the Planning Commission and approved by Council may be permitted in commercial areas as regulated in this chapter.

(c)

Electric and barbed wire fences shall be prohibited in all areas of the city except an electrified fence may be permitted upon land consisting of at least five acres, wherein a working farm is being operated. The type, construction and location of such electrified fencing shall be as approved by the Building Commissioner.

(d)

Any other type of fence, wall or other similar structure not specifically permitted by this section to be in a residential or commercial area is prohibited.

(Ord. 3943, passed 3-19-02)

Cross reference— Penalty, see § 1185.99

(a)

Interior lots. Fences and walls on interior lots within residential areas may be permitted within one foot of any rear lot line or side lot line to the front building line to a height not to exceed four feet from the existing grade. No fences or walls may extend into the front yard beyond the building setback line.

(b)

Corner lots. Fences and walls within residential areas, where the rear or side yard abuts a street are prohibited, except that a split rail or post and rail fence may be located within one foot of the side or rear property line which abuts a street, to a height not to exceed three feet above the existing grade.

(c)

Commercial lots. Fences and walls within commercial areas may be permitted within one foot of any rear lot line or side lot line to the front building line to a height not to exceed six feet from the existing grade. No fences or walls may extend into the front yard beyond the building setback line unless otherwise recommended by the Planning Commission and approved by Council.

(Ord. 3943, passed 3-19-02)

(a)

Fences shall be installed so that the finished side is to the adjacent property owner's view. All posts and structural members shall be on the side facing the fence owner's property.

(b)

Fencing shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the existing contour of the ground as far as is practical. Adjustments for grade shall occur at the bottom of the fence. Where adjustments for grade changes are severe enough to require stepping, a minimum of eight feet of uniform fence run shall be maintained prior to each step.

(c)

Where an adjacent lot owner has already installed a fence along a property line an additional fence will not be permitted. If an adjacent lot owner's fence does not border the entire property line, a new section of fence compatible with the existing fence may be installed along that portion of the property line. If the installation leaves gaps, connection to the existing fence may be made with the owner's permission.

(Ord. 3943, passed 3-19-02)

Cross reference— Penalty, see § 1185.99

The following specifications shall apply to the materials and construction of wood, wood product, simulated wood and vinyl fences:

(a)

Posts and framing. Post spacing shall not exceed eight feet. All post holes should be a minimum of 38 inches deep for all fences. All terminal, corner and gate posts should be set 38 inches deep.

(b)

Post holes should be at least four inches larger in diameter than the largest dimension of the post. All terminal, corner and gate posts should be set in concrete.

(c)

Fences up to five feet shall have a minimum of two rails (stringers) top and bottom. Fences over five feet shall have a third rail at center height. Stringers shall be 2" x 4" minimum (nominal).

(d)

Materials. All materials used in wood fencing should be either:

(1)

Naturally rot resistant wood (such as Cedar);

(2)

A wood pressure treated for rot-resistance;

(3)

A wood product or simulated wood material which is designed to be rot and weather resistant; or

(4)

Be vinyl coated or thoroughly coated with a paint or protective coating immediately on installation.

(e)

Fasteners. Fasteners shall be made of a nonrusting, noncorrosive material or coated to resist rusting. Nails shall be long enough to penetrate the receiving member twice the thickness of the thinner member but not less than one and one-half inches.

(f)

Cover boards shall be one-half inch minimum thickness.

(g)

The tops of the cover boards may be cut to many different designs such as dog ear (corners cut off at 45 degree angles), gothic (two arc-shaped cuts that meet in the center to form a graceful point), standard point (boards cut to a point with 45 degree angles), or domed or rounded top (where the top is cut to a half circle). There are many shapes and styles that may be custom cut at specific request. Post tops may also be cut to several decorative shapes such as pyramid, gothic, domed and chamfered. Also, shaped terminals may be screwed onto the tops of posts.

(Ord. 3943, passed 3-19-02)

Cross reference— Penalty, see § 1185.99

The following specifications shall apply to the materials and construction of chain link fences:

(a)

Structural members.

(1)

Posts. Post spacing shall not exceed ten feet. Posts shall be set in concrete. Diameter of holes shall be four times the largest cross section of the post.

(2)

Depth. Depth shall be a minimum of 38 inches for all fences.

(3)

Top rail. A top rail shall be used for all chain link fences. Top rail shall be continuous between terminals and shall be swedged or sleeved. Top rail shall be supported at all posts. At corners and terminals, rail shall be connected by means of a rail end fitting.

(4)

Dimensions of structural members.

(5)

Fabric. The selvage edge of wire fabric shall be either knuckled or twisted. The fabric shall be installed with only a knuckled edge at the top. Rolls of wire fabric shall be joined by weaving a single picket into the ends of rolls to form a continuous mesh. Fabric shall be fastened to line posts at intervals not exceeding 15 inches. Fabric shall be fastened to top rail at intervals not exceeding 24 inches. Tension bars shall be used at all terminal, corner and gate posts. Fabric shall be tightened to provide a smooth, uniform appearance free from sag.

(Ord. 3943, passed 3-19-02)

Cross reference— Penalty, see § 1185.99

All permitted fences and walls shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between the fence or wall and the property line shall be well maintained by the property owner at all times. All permitted fences, and walls if applicable, shall be designed, constructed and finished so that the supporting members face the property of the owner of the fence and the finished side of the fence or wall faces the adjacent property.

(Ord. 3943, passed 3-19-02)

Cross reference— Penalty, see § 1185.99

Prior to the construction or replacement of any fences or walls, a permit shall first be obtained from the Building Department upon forms as prescribed by the Building Commissioner. No permit to erect any fence shall be issued by the Building Commissioner without the applicant first presenting the Building Commissioner with a survey of the parcel of land sought to be enclosed by the fence, or in the alternative, a written agreement among all persons of interest, contiguous to such parcel of land being enclosed expressing their agreement and consent to the location of such fence upon the applicant's parcel of land. The fee for such permit shall be in accordance with the schedule of fees contained in chapter 1314 of the Building Code. No permit shall be required for the installation of temporary snow fencing as provided in subsection 1185.09(c).

(Ord. 3943, passed 3-19-02)

(a)

Fences required for certain types of swimming pools shall be regulated in accordance with section 1323.03 of the Code.

(b)

Fences or walls required for trash enclosures shall be regulated in accordance with subsections 1151.33(d), 1153.31(d), 1153.31(g) and 1157.29(h)(i) of the Code.

(c)

Temporary snow fences not exceeding 48 inches in height may be erected without a permit between December 1st of any year and the following March 31st for the purpose of controlling snow drifting. Snow fences may extend beyond or be located in front of the building setback line not more than one-half the distance between the building setback line and the corresponding street public right-of-way. On corner lots, snow fences may not be located so as to obstruct site lines of the traffic on the adjacent streets. In any event snow fences shall not be erected or located that would:

(1)

Hinder access to the residence or building by vehicles and personnel responding to a fire, police or medical emergency; or

(2)

Cause snow to accumulate in a manner which would encroach upon or block any public right-of-way including sidewalks, hinder operation of city snow removal equipment, block access to or cause damage to adjacent properties or create a sight line hazard from any public right-of-way or private drive.

(Ord. 3943, passed 3-19-02)

Cross reference— Penalty, see § 1185.99

Any person, firm, corporation or other entity who violates any provision of this chapter shall be deemed guilty of a misdemeanor of the fourth degree.

(Ord. 3943, passed 3-19-02)

The purpose of this chapter is to preserve and protect the public health and safety and to promote the orderly land use and development of the city. Specifically it is the intent of this chapter to do the following:

(a)

Regulate the placement, construction and alteration of small wind energy systems and solar energy systems, as defined herein, throughout the city to protect and promote the health, safety and welfare of the city's residents and to promote and protect the economic vitality of the city and to protect property values.

(b)

Minimize the visual impacts of small wind energy systems and solar energy systems through careful design, placement and screening.

(c)

Accommodate the growing need for small wind energy systems and solar energy systems.

(d)

Avoid potential damage to adjacent properties from the failure of small wind energy systems and solar energy systems through proper engineering and the proper installation of these systems including the prudent locating of tower structures used in small wind energy systems.

(e)

To the greatest extent feasible, provide that proposed small wind energy system and solar energy systems shall be designed in harmony with the natural setting and the surrounding development pattern as well as to the highest industry standards.

(f)

Establish criteria designed to minimize adverse health, safety, public welfare and visual impacts through the location, design and construction of the small wind energy system or the solar energy system and through the use of buffering requirements.

(Ord. 4501, passed 8-18-09; Am. Ord. 4567, passed 6-1-10)

The following definitions pertain to the general installation of small wind energy systems and solar energy systems:

Hub height means the distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.

Lot means A distinct permanent parcel, identified as such by permanent parcel number upon the public record.

Monopole or windmill tower means A support structure on which the rotor, turbine and accessory equipment are mounted, erected for small wind energy system purposes, and securely anchored to a foundation.

Owner means The individual, entity and/or property owner that intends to own and operate the small wind energy system or solar energy system in accordance with this chapter. Should the property owner be different than the owner or entity who intends to own and operate the small wind energy system or solar energy system, the property owner shall provide written consent and submit this consent at the time of application for approval.

Small wind energy system means A wind energy conversion system consisting of a turbine, a tower, and associated control or conversion electronics which is intended to primarily reduce consumption of utility power. A small wind energy system shall not exceed a rated capacity of ten kWh.

Solar energy systems means A renewable energy system that converts solar energy into a useable electrical energy, heats water or produces hot air or similar function through the use of solar collectors which:

(1)

Is used to generate electricity;

(2)

Has a nameplate capacity of 100 kilowatts or less.

Solar energy systems include solar panels and/or generator and all associated equipment, including any lines, pumps, mounting brackets, framing, base, foundation, structural support, wire(s), batteries or other components necessary to fully utilize the collection of solar energy.

Total height means, in relation to solar energy systems, the vertical distance from the ground to the maximum height of the apparatus and all associated equipment of the solar energy system at its highest point.

Tower height means the vertical component of a wind energy system that elevates the wind turbine generator and attached blades above the ground. Tower height shall be measured from the ground level to the blade extended at its highest point or to the top of the tower, whichever is highest.

(Ord. 4501, passed 8-18-09; Am. Ord. 4567, passed 6-1-10)

(a)

No person shall cause, allow or maintain the use of a small wind energy system or a solar energy system without first having obtained a permit from the Building Department. Application for a permit shall be made to the Building Commissioner on forms provided by the Building Commissioner. Fees collected with regard to this permit shall be as set forth in this chapter.

(b)

A small wind energy system is permitted within the city subject to the following:

(1)

Minimum lot area is at least five acres.

(2)

One small wind energy system tower per lot.

(3)

Minimum yard requirements for all small wind energy system:

A.

The minimum distance to any lot line, overhead electrical and communication lines from the small wind energy system structure, shall be not less than one and one-half times of its tower height.

B.

The minimum distance from the small wind energy system structure to any inhabited dwelling shall not be less than 300 feet.

C.

No small wind energy system shall be located in any front or side yard.

D.

The tower height shall be limited to 60 feet for a small wind energy system, and shall be in compliance with all applicable FAA regulations. Minimum height from the base of the tower to the lowest part of the blade tip or rotor system shall be 12 feet.

E.

The design of the small wind energy system or tower shall be of a monopole or freestanding design without guy wires. The monopole shall be designed to withstand sustained winds of at least 80 miles per hour with one-half inch of icing and designed and stamped by a professional engineer.

F.

Sound levels of small wind energy systems shall not exceed 45 dBa, as measured at the closest neighboring inhabited dwelling. This maximum sound level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

G.

Small wind energy systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the small wind energy system.

H.

All electrical interconnection or distribution lines shall be underground and comply with all applicable Building Codes and public utility requirements.

I.

The small wind energy system shall have a capacity of not more than ten kilowatts maximum power.

J.

No small wind energy system shall be installed until written evidence has been provided to the Building Commissioner that the applicable utility company has been notified of the property owner's intent to install an interconnected, customer owned, generator and has approved this installation. Off-grid systems shall be exempt from this requirement.

K.

A small wind energy system may be permitted in any interstate highway right-of-way pursuant to the provisions as set forth in this chapter.

(c)

A solar energy system is permitted within the city subject to the following:

(1)

Solar panels shall be permitted as a rooftop installation in any residential Zoning District. The roof mounted solar energy equipment shall not exceed the maximum building height for the residential Zoning District where it is located, and shall be installed in compliance with the applicable Building Code and manufacture installation specifications. Solar panels installed in a roof-top configuration are limited to the portion of the roof which faces the rear yard or in an alternate location which has been approved in accordance with the provisions of section 1186.06. In addition, the roof mounted solar energy equipment must be installed within the actual boundaries or edges of the roof area, cannot overhang any portion of the edge of the roof, shall follow the existing roof pitch and shall not extend more than 12 inches above the surface of the roof.

(2)

Ground mounted solar energy equipment shall not be permitted.

(3)

Rooftop installations must not interfere with any roof penetrations (e.g., plumbing, vents, chimneys) or operation of plumbing fixtures protruding from the rooftop level as required by the applicable Building Codes.

(4)

All electrical interconnection or distribution lines shall be underground and comply with all applicable Building Codes and public utility requirements.

(5)

No solar energy system shall be installed until written evidence has been provided to the Building Commissioner that the applicable utility company has been notified of the property owner's intent to install an interconnected, customer owned, generator and has approved this installation. Off-grid systems shall be exempt from this requirement.

(6)

Labeling requirements. A minimum of one sign shall be posted near ground level on the interconnection cabinet warning of high voltage. In addition, the following information shall be posted on a label or labels on the interconnection cabinet of the solar energy system:

A.

The maximum power output of the system.

B.

Nominal voltage and maximum current.

C.

Manufacturer's name, address and telephone number, serial number and model number.

D.

Emergency and normal shutdown procedures.

E.

Should the solar energy system interconnection cabinet be located on the inside of a structure, a sign notifying the existence of a solar energy system shall be placed on the outside of the building, near the electrical and/or gas meter in order to notify emergency personnel of the solar energy system.

(7)

One solar energy system per lot.

(d)

Outdoor storage. Outdoor storage of any supplies or equipment related to the use of the small wind energy system or a solar energy system is prohibited.

(e)

Advertising. No flags, streamers, decorations, advertising signs of any kind or nature whatsoever shall be permitted on any small wind energy system and/or tower, or upon any portion of a solar energy system.

(Ord. 4501, passed 8-18-09; Am. Ord. 4567, passed 6-1-10; Am. Ord. 5252, passed 6-4-19)

Cross reference— Penalty, see § 1186.99

(a)

The following requirements apply to all small wind energy systems.

(b)

Any person desiring to install a small wind energy system shall apply for a permit from the Building Department and the application shall include the following:

(1)

The name, address, and telephone number of the applicant.

(2)

A site plan, at a scale of not less than one inch equal to 100 feet, prepared by a professional land surveyor or professional engineer indicating the proposed small wind energy system location, property identification by tax map and parcel, property lines, acreage and Zoning District designation of the parcel to be served by the small wind energy system, separation distances between the small wind energy system and all buildings and outbuildings on the site, and all neighboring buildings and outbuildings within 300 feet, together with identification of all roads adjacent to the site.

(3)

Elevations of the site to scale showing the height, design and configuration of the small wind energy system and the height and distance to all existing structures, buildings, electrical lines and property lines.

(4)

Standard drawings and an engineering analysis of the small wind energy system's tower, including weight capacity.

(5)

A standard foundation and anchor design along with soil conditions and specifications for the soil conditions at the site.

(6)

Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system; including, the name and address of the manufacturer, model and serial number.

(7)

A line drawing showing the electrical components of the small wind energy system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(8)

Emergency and normal shutdown procedures.

(9)

An affidavit or similar evidence of agreement between the property owner and the small wind energy system owner or operator demonstrating that the system owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the small wind energy system.

(10)

Other relevant studies, reports, certifications and approval as may be reasonably requested by the Building Commissioner to ensure compliance with this chapter and any other applicable law, rule or regulation.

(11)

The fees as established pursuant to sections 1186.06 and 1186.07.

(c)

Any person desiring to install a solar energy system shall apply for a permit from the Building Department and the application shall include the following:

(1)

The name, address, and telephone number of the applicant;

(2)

Property lines and physical dimensions of the lot upon which the system is to be placed;

(3)

Location, dimension (including height) and types of existing major structures on the lot;

(4)

Location, dimension, and type of the proposed solar energy system;

(5)

The right-of-way of any public road that is contiguous with the lot;

(6)

The location of any overhead utility lines which traverse the lot;

(7)

Manufacturer solar energy system specification/cut sheets certified by a licensed Ohio engineer, including the name of the manufacturer and model of the solar energy system;

(8)

A line drawing showing the electrical components of the solar energy system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code;

(9)

Notification of utility company for interconnection purposes;

(10)

A scaled 3-D rendering from all directions as seen from the public right-of-way and adjacent properties and structures.

(11)

Other relevant studies, reports, certifications and approval as may be reasonably requested by the Building Commissioner to ensure compliance with this chapter and any other applicable law, rule or regulation; and

(12)

The fees as established pursuant to sections 1186.06 and 1186.07.

(Ord. 4501, passed 8-18-09; Am. Ord. 4567, passed 6-1-10; Am. Ord. 5252, passed 6-4-19; Am. Ord. 5297, passed 2-4-20)

(a)

The Building Commissioner shall forward the application and drawings for either the small wind energy system or the solar energy system to the Planning Commission for its review and recommendation. In addition to reviewing the applications and accompanying documents, the Planning Commission shall determine the following:

(1)

There is no other location on the site for the proposed small wind energy system or the solar energy system which would result in a less conspicuous or more aesthetically pleasing installation.

(2)

The tower part of the small wind energy system is painted or otherwise colored using the best technology available to blend with the surrounding environmental characteristics and to make such tower the least obtrusive as possible. In addition, the tower's finish shall be rust-resistant and nonreflective. The design of the solar energy system shall, to the extent reasonably possible, including rooftop installations, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.

(3)

The wind turbines portion of the small wind energy system is a nonobtrusive color such as white, off-white or gray.

(4)

The small wind energy system shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

(b)

In addition, the Planning Commission may recommend any type of screening, whether natural or otherwise, to minimize the visual and aesthetic impact the proposed small wind energy system or the solar energy system will have on neighboring properties.

(c)

Upon completion of its review and determinations, the Planning Commission shall make its recommendation of approval or disapproval of the application for either the small wind energy system or the solar energy system to the City Council. City Council may accept the recommendation of the Planning Commission, accept with modifications the recommendation of the Planning Commission or reject the recommendation of the Planning Commission. Upon City Council approving the application, the Building Commissioner shall issue a permit for the installation of the small wind energy system or the solar energy system consistent with the approved plans.

(Ord. 4501, passed 8-18-09; Am. Ord. 4567, passed 6-1-10)

(a)

The Planning Commission may recommend for approval to City Council deviations from the specific requirements contained in this chapter. The specific reasons and rationale for the deviations from Code requirements shall be documented in the commission's minutes and report to Council.

(b)

Any applicant for a permit for either a small wind energy system or a solar energy system who desires to deviate from any of the regulations contained in this chapter shall make application to the Planning Commission for such deviation. The application shall be on forms as provided by the Building Commissioner. The applicant shall pay a fee in the amount of $50.00 to defray administrative and publication costs associated with the request for a deviation. This fee shall be in addition to any other permit fee required in the Codified Ordinances of the city, including but limited to section 1186.07. The application for a deviation shall be administered as follows:

(1)

A public hearing shall be held on any application for a deviation pending before the Planning Commission involving a deviation from the provisions contained in this chapter. Public hearings shall be held after at least ten days prior notice thereof has been published once in any publication having general circulation within the city.

(2)

Deviations from the regulations contained in this chapter may be recommended for approval by the Planning Commission, if the commission finds that:

A.

Strict application or enforcement of the regulations contained in this chapter imposes an unnecessary hardship upon the applicant because of conditions unique or peculiar to the premises upon which the small wind energy system or solar energy system is to be located or is currently located, which conditions are not common to other properties and were not voluntarily created by the property owner, any occupant thereof or any predecessor in interest.

B.

Denial of the requested deviation will unnecessarily deprive the owner or occupant of a substantial property right without thereby promoting the public health, safety or welfare.

C.

The deviation requested would be in general harmony with the purpose and intent of the regulations contained in this chapter.

(3)

All deviations granted by the Planning Commission shall be subject to review and approval by a majority vote of all members of Council before becoming effective. All decisions of City Council concerning a request for a deviation shall be final.

(4)

Unless the small wind energy system or solar energy system for which a deviation has been approved is constructed or is under substantial construction within six months from the date a permit has been issued, the deviation or deviations shall automatically expire and become null and void upon the expiration of the six-month period.

(Ord. 4567, passed 6-1-10)

(a)

The applicant shall submit the following fees with each application for either a small wind energy system or a solar energy system:

(b)

Any physical modification to an existing permitted small wind energy system or solar energy system that materially alters the size, type and number of wind turbines for small wind energy systems or other equipment for either system shall require re-application and approval as set forth in this chapter for original approval. Like-kind replacements of a small wind energy system or solar energy system as determined by the Building Commissioner shall not require review or recommendation by the Planning Commission but shall comply with all other provisions set forth in this chapter as is required for an original application.

(Ord. 4501, passed 8-18-09; Am. Ord. 4567, passed 6-1-10)

(a)

Small wind energy systems shall be designed so as to not be climbable up to 15 feet above ground surface.

(b)

All access doors to small wind energy systems and its electrical equipment shall be locked or fenced, as appropriate and consistent with the Building Codes of the city, to prevent entry by nonauthorized persons.

(Ord. 4501, passed 8-18-09; Am. Ord. 4567, passed 6-1-10)

Cross reference— Penalty, see § 1186.99

(a)

If the property upon which a small wind energy system or solar energy system is located is sold or otherwise transferred, the seller or conveyor of such premises shall cause the small wind energy system or solar energy system to be dismantled completely, including all support structures and appurtenances, and removed from the property. However, if the purchase contract or other means of conveyance provides specifically for the wind turbine facility or solar energy system to remain in place for use by the successive possessor of the property, then this provision shall not apply.

(b)

In the event the small wind energy system or solar energy system is in any way abandoned, placed out of service for more than six months, neglected or becomes dilapidated, unsightly or in a state of disrepair, the owner or occupier of the lot upon which such small wind energy system or solar energy system is located shall cause the small wind energy system or solar energy system to be dismantled completely, including all support structures and appurtenances, and removed from the property.

(c)

The owner and any subsequent purchaser or transferee of a small wind energy system shall be required to post and maintain a surety bond, or other form of guarantee as approved by the Director of Law, in an amount as reasonably determined by the Building Commissioner which is equal to the cost of removing a small wind energy system in the event the owner or occupier of the property fails to so do as required in this chapter.

(Ord. 4501, passed 8-18-09; Am. Ord. 4567, passed 6-1-10; Am. Ord. 5252, passed 6-4-19)

Cross reference— Penalty, see § 1186.99

Notwithstanding any other provision contained in this chapter, any small wind energy system or solar energy system located on property owned by the city is exempted from any provision of this chapter.

(Ord. 4501, passed 8-18-09; Am. Ord. 4567, passed 6-1-10)

Whoever violates any provision contained in this chapter shall be deemed guilty of a misdemeanor of the fourth degree.

(Ord. 4501, passed 8-18-09; Am. Ord. 4567, passed 6-1-10)

Regulations are hereby established to promote the general health, safety and welfare of residents of the city and maintain high property values through the regulation of type, design, size, location and maintenance of signs in order to achieve the following:

(a)

To promote and maintain high quality Residential Districts and attractive public facilities;

(b)

To provide for appropriate signs for identifying businesses by relating the size, type and design of signs to the type, size and nature of the establishment;

(c)

To control the location, design and size of all signs so that they will be aesthetically harmonious with their surrounding areas;

(d)

To provide a safe environment by eliminating any conflict between advertising or identification signs and traffic- control signs which would be hazardous to the safety of the public;

(e)

To regulate temporary signs and prohibit undesirable impacts on property values and neighborhood character;

(f)

In Business Districts, to provide for appropriate signs for advertising goods or services rendered in keeping with the type of establishment involved; and

(g)

Reduce sign clutter.

In establishing objectives (a) through (g) of this section, the city has determined that, without adequate regulation and design standards, oversized and poorly designed signs are a nuisance. As the appearance of the city is marred by the oversized and poorly designed signs, both business and residential property values are adversely affected. Therefore, the number of such signs ought to be reduced and signs permitted shall conform to the standards of this Code in order to reduce these effects. All signs not conforming with the provisions of this section are declared a nuisance. It is further declared that the regulations contained in this section are the minimum regulations necessary to abate the nuisance(s) and to achieve the purposes of this Code.

('64 Code, § 1187.01; Ord. 3062, passed 1-16-90; Ord. 5433, passed 9-21-21)

(a)

Signs shall be designed, erected, altered, reconstructed, repaired, moved and maintained in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.

(b)

The construction, erection, safety and maintenance of all signs shall be in accordance with the city Building Code.

(c)

The provisions of this chapter shall not amend the other codes, rules or regulations governing traffic signs within the city.

(d)

In addition to the regulations set forth in this chapter, signs within the Towne Centre boundaries shall also be subject to any special provisions, restrictions or criteria approved by Council for the Towne Centre area.

('64 Code, § 1187.02; Ord. 3062, passed 1-16-90)

Sign means any display, figure, painting, drawing, placard, poster or other device visible from a public way, which is designed, intended or used to convey a message or direct attention to a building, person, institution, organization, activity, place, object or product.

(a)

Permanent and temporary signs.

(1)

Permanent signs means a sign designed for use for an extended period of time, in which the construction material and support structure is intended for permanent installation, for which a permit is required by this Code.

A.

Billboard means one which directs attention to a specific business, product, service, entertainment or other activity sold, offered or conducted elsewhere than upon the same lot on which the sign is located.

B.

Bulletin board means an announcement sign which directs attention to and is located on the lot which is the subject of such sign.

C.

Directional sign means one indicating the direction pedestrian or vehicular traffic is requested to move on that location, and does not include any business identification information.

D.

Identification sign means one indicating the name and address of a building, development, public or semi-public facility, business, office or industrial establishment. Such signs may also include the names of tenants, general types of goods sold, or services rendered; however, the listing of specific goods or services, brand names, prices, sales or telephone numbers shall not be permitted.

E.

Information sign means one which presents miscellaneous information intended to serve the public. Typical signs present travel information, vehicle service, weather, time, historic and scenic sites, recreation facilities, and the like. An informational sign may be permitted in any district upon approval by the Planning Commission. "Open" illuminated signs may be permitted only in Business Districts.

F.

Nameplate means one which indicates the name, address or profession of a person or persons occupying a building or unit of a building.

G.

Handicapped parking means a sign indicating a parking area reserved for a vehicle exhibiting a state issued disabled persons parking permit or license plate. The sign shall be: eye level, blue with the standard white profile of a wheelchair and occupant in the center. The sign may also include the warning statement "Unauthorized vehicles will be towed away at the owners expense."

H.

Directory sign means one which lists names of tenants or organizations in a building. This sign may be combined with another permitted type of sign.

I.

Address sign means one consisting of numbers identifying a property or building unit address. A sign permit is required when the height of address numbers are proposed to be in excess of 12 inches.

(2)

Temporary sign means a sign designed for use for a limited period of time in which the construction material and support structure is not intended for permanent installation, and for which no permit is required by this Code.

A.

In order to be classified as a temporary sign, the sign's construction materials are limited to paper, wood, fabric, or other temporary material, and whose support structure is secured into the ground with a depth of not to exceed six inches, using wire gauge, wood stakes, or metal stakes not more than one-half inch diameter.

B.

A temporary sign includes a sign consisting of a single four inch by four inch treated wooden post with a wooden crossmember from which a sign is hung. Such temporary sign is secured into the ground with a depth not to exceed 12 inches.

C.

A temporary sign includes a piece of cloth, plastic, vinyl, or similar flexible material, typically a geometric shape, attached to a structure by more than one edge to limit its movement.

D.

A temporary sign includes an A-Frame sign composed of two boards hinged at the top, which rests upon the ground.

(b)

Permanent signs by structural type.

(1)

Awning sign means one painted, attached, embossed or affixed to a permanent or retractable awning.

(2)

Canopy sign means one painted, embossed, affixed or attached to the soffit or fascia of a canopy, covered entrance or under a walkway, or to a permanent awning or marquee and not projecting beyond the edges of same.

(3)

Ground sign means one free standing with not more than two faces which has a supporting base designed as an integral part of the sign resting on the ground.

(4)

Pole sign means one free-standing with one or not more than two faces, which is supported wholly by a pole or poles designed to allow pedestrian or vehicular access thereunder.

(5)

Projecting sign means one erected on the outside wall of a building and projecting out at a 90 degree angle.

(6)

Roof sign means one erected partly or completely on or over the roof of any building or over any portion of the building covered by roofing materials or which serves to shed rainwater.

(7)

Wall or panel sign means one integral with the face of an exterior wall of a building or attached to the wall or parallel with the wall.

(8)

Window sign means a permanent or temporary sign painted on or attached or affixed to the interior or exterior surface of windows or doors of a building or any interior sign within three feet of windows or doors.

(9)

Changeable copy sign means one where the message or graphics is not permanently affixed and may be periodically replaced, or covered over.

(c)

Permanent signs by sign face type. For the purpose of establishing sign face area measurement standards, all permanent signs are defined by sign face type as follows:

(1)

Panel sign means one whose information is displayed on a generally flat surface. Such panel may be either a structural object or a portion of the surface of a structure.

(2)

Nonpanel sign means one consisting of letters or characters which are individually attached to or painted on a building wall, window, door or other structural element not designed or differentiated as a sign panel.

(3)

Three-dimensional object sign means one which takes the form of a three-dimensional object, such as a sphere, and also including any sign with three or more sides used as sign panels.

(d)

Unit of a building. As used in this chapter in the determination of maximum sign face area, the term building unit refers to a space occupying a portion of the ground floor of a building, containing an entrance from the building exterior, and separated from other such spaces by a party wall or walls.

('64 Code, § 1187.03; Ord. 3062, passed 1-16-90; Am. Ord. 3352, passed 6-7-94; Am. Ord. 3740, passed 7-6-99; Am. Ord. 5433, passed 9-21-21)

(a)

Permanent sign face area, sign height and sign location, as regulated in this chapter, shall be measured according to the following standards.

(1)

Measurement of sign face area. For the sign types defined in subsection 1187.03(d), sign face area shall be measured as follows:

A.

Panel signs. Area shall be measured to include the entire enclosed surface area. The area of both sides of double-sided signs shall be included in the measurement.

B.

Nonpanel signs. Area shall be measured to include the surface area of the smallest single rectangle completely enclosing all of the letters or characters of the sign.

C.

Three-dimensional object signs. Area shall be measured to include all surface area which forms a part of the message conveyed by a sign. Such measurement, along with necessary calculations, shall be submitted by the applicant with the application.

(2)

Measurement of building and lot frontage.

A.

Building frontage. The frontage of a building shall be the width of the facade which faces the principal street in a Business District, the Planning Commission may allow, as additional building frontage, the width of other facades of the building which contain the public entrances and faces the required parking areas. If a building is divided into units, the building unit frontage shall be the width of that unit, as measured from the party wall centerlines. Buildings located adjacent to a freeway shall not be considered to have frontage on the freeway for sign area calculations and for signage location purposes.

B.

Lot frontage. The frontage of a lot shall be the number of lineal feet the lot abuts on the principal street.

(b)

Sign height. The height of signs supported from the ground shall be measured from the base of the sign at its point of attachment to the ground to its topmost element. However, if such sign is attached to a wall or other human-made base, including a graded earth mound, the sign height shall be measured from the grade of the general area.

(c)

Sign location. In determining the location of signs in relation to lot lines (including district and street lines), distances shall be measured from the vertical projection of the lot line (LL) or street right-of-way (ROW) to the closest point on the sign.

('64 Code, § 1187.04; Ord. 3062, passed 1-16-90; Am. Ord. 3352, passed 6-7-94; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

In order to facilitate legibility of information, traffic safety, and economic vitality, permanent signs shall be of professional quality, designed in a manner compatible with the character and style of the buildings on which they are located, adjoining buildings and neighboring signs. Signs shall be structurally sound and located so as to pose no safety hazard.

(a)

Style and color. A sign shall be generally consistent throughout the particular building or block involved and the color of signs shall be compatible with the color of the building facade, and other existing signs. No more than four compatible colors may be used on any sign (including the sign face and base).

(b)

Lettering. The lettering on a sign shall be large enough to be easily and safely read from the normal visual location. However, the lettering shall not be overly large or out of scale with the building. An excessive amount of information that could create a potential safety hazard shall not be permitted.

(c)

Materials. Signs shall be fabricated on and of materials of good quality, good weathering and durability and complimentary to their building. Outdoor signs and display structures, including the supporting structure and all parts, shall be of noncombustible material when required by the Building Code.

(d)

Illumination.

(1)

External. External illumination may be permitted when direct rays from external light sources to illuminate signs have adequate shielding to prevent these rays from shining around or underneath the signs or onto adjacent residential buildings and streets and shall not be of high intensity or brightness so as to cause glare hazardous to pedestrians or auto drivers or so as to cause reasonable objection from adjacent buildings. External illumination may be from the front or rear of the sign.

(2)

Internal. Internal illumination may be permitted only on free-standing ground identification signs located only in Business Districts and Industrial Districts provided the illumination is limited to business logo or individual letters of a business name and shall exclude all background areas of the sign face. "Open" signs which are located in Business Districts may be illuminated.

(e)

Movement restrictions. No sign shall revolve, rotate, whirl, spin, flash or otherwise make use of motion to attract attention, except to perform a public service function such as indicating time or temperature.

(f)

Relation to traffic devices. Signs visible from the sight lines along a street shall not contain an arrow or words such as "stop," "go," "slow," and the like; and the movement, content, coloring or manner of illumination shall not resemble traffic-control signs or signals.

('64 Code, § 1187.05; Ord. 3062, passed 1-16-90; Am. Ord. 3352, passed 6-7-94; Am. Ord. 3740, passed 7-6-99; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

Permanent signs, as permitted, shall be located and sized according to the standards set forth in this section and the individual Zoning Districts.

(a)

Location.

(1)

Corner lots. No sign shall be allowed on a lot within a triangle formed between points on the front and side street right-of-way lines within 20 feet from their intersection.

(2)

Signs over pedestrian or vehicular ways. The lowest member of these signs shall not be less than eight feet above the finished grade of a pedestrian way. If located over a pavement used for vehicular traffic, the signs shall be not less than 15 feet above the finished pavement and at least one foot away from the vertical projection of the edge of the pavement.

(3)

Relation to traffic devices. Signs shall not be erected so as to obstruct sight lines of pedestrians or motorists along any public way, from traffic-control devices, street name signs at intersections, or signals at railroad grade crossings.

(4)

Relation to openings. Signs shall not project over or obstruct the required-windows or doors of any building, fire escape or interfere with other safety provisions.

(5)

Street right-of-way and public land. No signs shall be located in street rights-of-way and/or public lands except for municipal and governmental signs.

(b)

Dimension limitations.

(1)

Ground sign. Sign height shall not exceed six feet in Industrial Districts and five feet in all other districts including a supporting base from the average ground level except as otherwise specifically permitted in this chapter. Architectural elements approved by the Planning Commission may exceed these height limitations by one foot.

(2)

Wall or panel signs. These signs shall not project more than one foot from the building wall to which it is attached and shall not project above the building wall.

('64 Code, § 1187.06; Ord. 3062, passed 1-16-90; Am. Ord. 3740, passed 7-6-99; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

The following types of signs are not permitted in any Zoning District.

(a)

Advertising signs on vehicles, such as parked trucks or trailers on private or public property visible from a public street which has attached thereto or located thereon any sign or advertising device for the basic purpose of directing attention to products, business activity, sold on the premises upon which such vehicle is located except those on commercial delivery and service vehicles provided the signs are limited to the display of business name, address, phone number and do not exceed five square feet per sign. The signs are further limited to one sign per side of vehicle not to exceed three signs.

(b)

Billboards as defined in subsection 1187.03(a)(1)A.

(c)

Flashing, animated or moving signs of any sort, including revolving signs except as defined in subsection 1187.05(e).

(d)

Gas filled balloons, search lights, pennants, positive air pressure bags, or streamers for or associated with advertising purposes.

(e)

Pole signs, as defined in subsection 1187.03(b)(4).

(f)

Roof signs, as defined in subsection 1187.03(b)(6).

(g)

Signs on street right-of-way and public lands including any curb, sidewalk, post, pole, hydrant, bridge, wall, tree or other surface located on public property except as may be permitted in subsection 1187.06(a)(5).

(h)

Traffic related devices, as defined in subsection 1187.05(f).

(i)

Internally illuminated window signs, except information signs as defined in subsection 1187.03(a)(1)E.

(j)

Free standing signs, located along freeways as defined in section 301.15 of the Codified Ordinances of the city, designed to be visible to freeway traffic.

(k)

Changeable copy signs — With the exception of bulletin board signs permitted in community facilities uses.

(l)

Signs not specifically permitted by district under sections 1187.08 through 1187.12.

('64 Code, § 1187.07; Ord. 3062, passed 1-16-90; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

Signs in Residential Districts shall be designed, erected, altered, relocated and maintained in accordance with the regulations as provided in this chapter. For community facilities uses located in Residential Districts, the regulations of section 1187.11 shall apply.

(a)

Schedule of residential signs permitted by use and structural type.

^* Wall includes windows and doors.

(b)

Schedule of Residential Signs Regulations. Signs as permitted shall conform to the number, area, height, locations and any other requirements of this chapter.

(1)

The total area of any single sign face shall not exceed ten square feet and shall not include structural elements lying outside the sign perimeter.

(2)

Each temporary sign height shall not exceed four feet, (except temporary signs described in subsection 1187.03(a)(2)B., which shall not exceed five feet), including a supporting base from the average ground level, and shall be apart and separated by at least 24 inches from any other sign.

(3)

Temporary signs shall not be illuminated, and shall be placed in a manner so as to prevent being displaced by weather conditions.

(4)

Temporary signs may only be erected on a property with the property owner's permission.

(5)

Temporary signs shall be placed at least ten feet from the public right-of-way, 15 feet from side lot line, and not posted in the public right-of-way, tree lawns located in the right-of-way, or any property owned or leased by the city, the state, or United States of America, or any other public entity.

(6)

Temporary signs placed in the public right-of-way, tree lawns located in the right-of-way, or any property owned or leased by the city, the state, or United States of America, or any other public entity, shall be removed by the Building Department, Police Department and/or Service Department and stored at the Service Department complex for a minimum of 72 hours and shall thereafter be destroyed.

(c)

Special provisions.

(1)

Identification sign illumination may be permitted as approved by the Planning Commission.

(2)

Development identification signs shall be located within an easement area dedicated for that sign and such easement shall be depicted on the development plat. The homeowners association bylaws or other covenants and deed restrictions shall include provisions for the maintenance of the sign.

('64 Code, § 1187.08; Ord. 3062, passed 1-16-90; Am. Ord. 3740, passed 7-6-99; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

Permanent signs in Business Districts shall be designed, erected, altered, relocated and maintained in accordance with the regulations as provided in this chapter. For community facilities uses located in Business Districts, the regulations of section 1187.11 shall apply. For temporary signs located in Business Districts, the regulations of subsections 1187.08(b)(1), (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) shall apply.

(a)

Schedule of business signs permitted by use and structural type.

All Districts: Office Buildings, Local Business, Shopping Center, Commercial Service, and Motor Service, and Office Park.

Identification: Ground, canopy, and window (wall except in Office Districts).

Directional: Ground, wall.

(b)

Measurement standards for maximum sign area. The maximum (total) area of all permanent signs permitted for a building or building unit to which the signs are accessory, shall be related to the building and building unit width. Maximum sign face area (square feet) shall be determined according to the measurement standards of section 1187.04 and the formulas below where "W" is the front age width of the building.

(1)

Maximum sign area per building. Maximum permanent sign area (square feet) for all permitted signs for a building is based on "W" the frontage width (feet) of the building as follows:

(2)

Maximum building or building unit exterior sign area. The maximum permanent sign face area allowed on the exterior frontage of the building and each building unit shall be determined by the formula: (Building or building unit frontage width) W x 0.75. Window or projecting signs are not included in this measurement.

(3)

Maximum sign area per building unit. The maximum allowable area (square feet) of all permanent signs for an individual unit of a building shall be a direct percentage of that building unites frontage width to the building total frontage width of the maximum sign area of the building from subsection 1187.09(b)(1).

(c)

Schedule of business sign regulations. Signs as permitted shall conform to the number, area, height, location and any other requirements of this chapter:

(d)

Special provisions.

(1)

Uses within enclosed mall or arcade. Uses (building units) with entrances located only within an "enclosed" hall or arcade are not counted in the computation of the maximum permitted sign area per building.

(2)

Uses (building units) above the ground floor. Signs for business or other uses (building units) above the ground floor of a building are not covered by the sign regulations of subsections 1187.09(a) through 1187.09(c). However, each external facing building unit above the ground floor shall be entitled to one identification wall or window sign not exceeding three square feet in area. Such wall sign shall be located on an inside wall either on the upper floor or on an entrance to the upper floor.

(3)

Multi-unit building service entrances. Multi-unit building service entrances, may be identified by the business name and address on a permanent nameplate not exceeding two square feet in single face sign area located on or near the service entrance. The service entrance signs shall be permitted in addition to the signs listed in subsection 1187.09(c). The area shall be permitted in addition to the maximum permanent sign area of § 1187.09(b)(1).

(4)

Gasoline and automobile service stations. Such signs shall conform to the district regulations in which they are located, except as permitted below.

A.

All gasoline and service stations shall be permitted one free-standing permanent identification sign for and on each street the station fronts on.

B.

Maximum sign face area, for each sign displaying only the price of gasoline and diesel fuel is four square feet per fuel type. No more than two fuel price signs shall be permitted per street frontage. Sign face area for price signs shall be part of the identification sign requirement. No other specific goods price signs are permitted.

C.

Where building main frontage is less than 40 percent of maximum lot width, the maximum sign face area permitted may be increased up to 25 percent by the Planning Commission.

D.

Permanent information signs at fuel pumps and service islands are permitted. Such signs shall be limited to the display of information regarding the type of service provided and other information essential in directing and instructing the motoring public, as approved by the Planning Commission.

(5)

Open space uses. For purposes of this section, an open space use shall be any use permitted in a Business District for which the width at the main or principal building represents 20 percent or less of the main frontage of its lot. For such uses, maximum sign face area for all permanent signs shall be determined by the frontage of the lot x 0.5. However, maximum sign face area shall not exceed 150 square feet for a lot.

(6)

Projection sign. A projection identification my be permitted in lieu of a permitted wall or window identification sign. Projections shall not extend more than three feet from the face of a building and less than eight feet above the finished grade of a sidewalk. Maximum single sign face area shall not exceed nine square feet. The Planning Commission may allow additional projection identification signs designed solely for pedestrian traffic and not exceeding 1.5 square feet per sign.

(7)

Identification sign.

A.

Wall identification signs on the frontage of a building may include up to 25 percent of its area listing the general type of goods sold or services rendered except in Office Districts.

B.

Individual business identification signs in an area containing more than one building or in a multi-business unit building, where permitted, shall be limited to wall signs attached to the building or unit thereof, except as specifically permitted in subsection 1187.09(d)(7)C.

C.

Ground identification signs for multi-business unit buildings may include names of individual businesses when:

1.

The height of letters in the development/building name and addresses are larger than the individual business names and occupy at least 20 percent of the sign area.

2.

Height of letters in the names of the individual businesses are at least four inches. The style of all lettering shall be the same.

3.

An area (provision for "lease/rental information") may be designated as a permanent part of the sign. An additional three square feet of sign area may be allowed specifically for lease/rental information.

4.

Changes of individual business names on the sign may be permitted by the Building Commissioner under the same conditions as the existing sign. The height, style and color of letters for the replacement business name shall be the same as those previously approved for the sign.

(8)

Awnings signs. The name of the business may be placed in a space not exceeding eight inches in height located on the front and side portions of the awning and signage on an awning shall be considered as part of the total signage allowed.

(9)

Multiple streets. Buildings or building units having a facade fronting on a second street are permitted signs and sign face area for that second street in addition to that otherwise permitted by regulations of this chapter. The additional sign face area shall be based on the building or unit secondary frontage, but shall not exceed 30 percent of the maximum sign face area permitted. The number of additional signs by use and structural type shall not exceed the number of signs otherwise permitted for the primary street.

(10)

Office building and office park.

A.

Building identification signs shall be permitted only over the main entrances of the building.

B.

Individual tenant identification signs shall be permitted only on the ground identifying the building and address. Multiple tenant building ground identification signs, if used for tenant identification, shall be designed to incorporate the individual tenant names.

(11)

Signs not requiring a permit. The following signs may be displayed without permit provided the signs are professionally designed and displayed according to the established criteria:

A.

Temporary signs may be displayed as window signs without permit provided the following criteria are met:

1.

Total signs displayed do not exceed 25 percent of the total window area of a building elevation.

2.

Each sign is limited to a maximum area of five square feet.

3.

Total signs displayed for each building unit, including both temporary and permanent signs, is limited to a maximum of two signs or one sign per eight feet of lineal window frontage, whichever is greater.

4.

A permit is required to display a sign longer than 60 days.

5.

Business identification is not permitted as part of the sale sign.

B.

Signs displayed days and hours of operation. Each building unit shall be allowed one sign displaying days and hours of operation not exceeding 1.5 square feet to be located on the door to the main entrance or window area adjacent to the main entrance.

C.

Business address. Each building shall be allowed to display its numerical mailing address not exceeding 1.5 square feet to be displayed in one location on either the door to the main entrance or secured to the wall or window above the main entrance.

D.

Nonilluminated open or closed signs. Each building unit shall be allowed to display an "open" or "closed" nonilluminated sign not exceeding 2.0 square feet in the window area.

(12)

Directory multi-tenant signs may be permitted in addition to other signage within the total allowable signage area for the development. The size and location shall be approved by the Planning Commission.

(13)

Illuminated "open" signs. An illuminated "open" sign shall be permitted to be located on the inside of a window of the business which it serves and be limited to one square foot in total area and one color.

('64 Code, § 1187.09; Ord. 3062, passed 1-16-90; Am. Ord. 3352, passed 6-7-94; Am. Ord. 3740, passed 7-6-99; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

Permanent signs in Office Laboratory and Manufacturing Distribution Districts shall be designed, erected, altered, moved and maintained in accordance with the provisions as contained in this chapter. For temporary signs located in Industrial Districts, the regulations of subsections 1187.08(b)(1), (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) shall apply.

(a)

Schedule of industrial signs permitted by use and structural type.

Districts: Office Laboratory, and Manufacturing Distribution.

Identification: Ground, wall, canopy.

Directional: Ground, wall.

(b)

Measurement standards for maximum sign area. The maximum (total) area of all permanent signs permitted for each building or building unit shall be related to the building and building unit width and shall be determined according to the measurement standards of section 1187.04 and the formulas below.

(1)

Maximum sign area per building. Maximum sign area in square feet for all permitted signs for a building is based on "W" the front age width in feet of the building as follows:

Office-Laboratory and Manufacturing-Distribution: "W" x 1

(2)

Maximum building or building unit exterior sign area. The maximum permanent sign face area (square feet) allowed on the exterior frontage of the building or the frontage (entrance) for each building unit shall be determined by the formula:

Building or building unit (frontage entrance) width: x 0.5

(c)

Schedule of industrial sign regulations. Signs as permitted shall conform to the number, area, height, location and any other requirements of this chapter:

(d)

Special provision.

(1)

Industrial park or multi-building developments. In addition to the signs permitted in this section, one ground identification sign may be permitted for an industrial park planned development or unified multi-building development of three or more industrial buildings serviced by an interior industrial street. This sign shall only identify the name and address of the industrial park or multi-building development. Maximum single face area shall not exceed 40 square feet and maximum height shall be six feet. This sign shall be located at the vehicular entrance to the industrial park or multi-building development and shall be set back a minimum of 25 feet from the right-of-way and side lot line.

(2)

Multi-unit building service entrances. Multi-unit building service entrances may be identified by the business name and address on a permanent nameplate not exceeding two square feet in single sign face area located on or near the service entrance. The service entrance signs and area shall be permitted in addition to the area and signs listed in subsections 1187.10(b) and 1187.10(c) respectively.

(3)

Multi-tenant ground identification signs for multi-business unit buildings. Ground identification signs for multi-unit buildings may include names of individual businesses when:

A.

The height of letters in the development/building name and addresses are larger than the individual business names and occupy at least 20 percent of the sign area.

B.

Height of letters in the names of the individual businesses are at least five inches. The style of all lettering shall be the same.

C.

An area (provision for "lease/rental information") may be designated as a permanent part of the sign. An additional four square feet of sign area may be allowed specifically for lease/rental information.

D.

Changes of individual business names on the sign may be permitted by the Building Commissioner under the same conditions as the existing sign. The height, style and color of letters for the replacement business name shall be the same as those previously approved for the sign.

('64 Code, § 1187.10; Ord. 3062, passed 1-16-90; Am. Ord. 3352, passed 6-7-94; Am. Ord. 3740, passed 7-6-99; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

Permanent signs in Community Facilities Districts shall be designed, erected, altered, relocated, and maintained in accordance with the regulations as contained in this chapter. For temporary signs located in Community Facilities Districts, the regulations of subsections 1187.08(b)(1), (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) shall apply.

(a)

Schedule of community facilities signs permitted by use and structural type.

Identification: Ground, wall.

Bulletin Board: Ground, wall.

Directional: Ground.

(b)

Schedule of community facilities sign regulations. Signs as permitted shall conform to the number, area, height, location and any other requirements of this chapter:

(c)

Special provisions.

(1)

Additional ground identification signs. For large complexes with more than one main building or activity area, additional ground identification may be permitted by the Planning Commission.

(2)

Directional signs. The number of directional signs allowed to adequately serve the development shall be determined by the Planning Commission.

('64 Code, § 1187.11; Ord. 3062, passed 1-16-90; Am. Ord. 3352, passed 6-7-94; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

(a)

Permanent signs in Automotive Parking Districts shall be designed, erected, altered, relocated and maintained in accordance with the regulations as contained in this chapter. For temporary signs located in Automotive Parking Districts, the regulations of subsections 1187.08(b)(1), (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) shall apply.

(b)

Schedule of automotive parking sign regulations.

('64 Code, § 1187.12; Ord. 3062, passed 1-16-90; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

Application for permits to erect, place, paint, relocate or alter a sign shall be made to the Building Commissioner by the owner, lessee, developer of the property or his authorized representative for the sign. The application shall be submitted on forms furnished by the city and may be made either separately or with the application for a permit for a building. The fee shall be established by separate ordinance and paid with the application. If any work is commenced prior to the issuance of a permit and the payment of the appropriate fees, the regular fees applicable to the permit in question shall be tripled.

(a)

Permit required. A permit shall be required for all permanent and temporary signs with the exception of those signs listed in division (b) hereof, section 1187.19 and subsection 1187.09(d)(12) and expressly permitted in the Codified Ordinances.

(b)

Permit not required for temporary signs in all districts. A permit is not required for any temporary sign. However, all such signs shall be subject to the applicable regulations contained in section 1187.03, section 1187.08, and subsection 1187.09(d)(11).

(c)

Contents of permit applications. Each application shall present the information required below through use of photographs and drawings at a scale which clearly shows details and design of the sign.

(1)

The design and colored layout of each sign proposed, including the total area of all signs and the area, height, character, materials, colors and type of lettering or other symbols or individual signs. Material samples may be requested.

(2)

Photographs or drawings of the building for which the signs are proposed.

(3)

The number and types of lamps and lens material to be used in any illuminated signs and data showing that the illumination meets the standards established in subsection 1187.05(f) including rays to illuminating areas.

(4)

A dimensional site plan and building elevation showing the exact location of each sign in relation to the building and property lines. Also included shall be the dimensions of the width of the building or building unit face or faces and the lot or lots not occupied by buildings, all used for calculation purposes.

(5)

Details and specifications for construction, erection and attachment as may be required by the Building Code including the name of the sign contractor or company.

(d)

Application review. The Building Commissioner shall forward the application and drawings to the Planning Commission for review of:

(1)

Conformance with the requirements of this chapter.

(2)

Appropriateness of size, scale, shape, color and illumination in relation to building size.

(3)

Location and relationship to signs currently existing.

(4)

Conflicting applications for the same development area shall be resolved by the Planning Commission.

(e)

Application approval. In the event the application complies with the provisions of this chapter, the Planning Commission shall approve the proposed sign. Following commission approval and approval by Council when deviations are required, the Building Commissioner shall issue a sign permit.

('64 Code, § 1187.14; Ord. 3062, passed 1-16-90; Am. Ord. 3352, passed 6-7-94; Am. Ord. 3740, passed 7-6-99; Am. Ord. 4409, passed 4-15-08; Am. Ord. 4672, passed 2-21-12; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

All signs and sign structures shall be maintained in a safe and attractive condition. Signs and their supporting structures shall be repaired and painted as often as necessary to prevent rusting, peeling paint and undue fading. Signs which no longer serve the purpose for which they were intended, or which have been abandoned or are not maintained in accordance with this chapter and other applicable regulations of the city shall be removed by the last permit holder or by the city at the expense of such permit holder or property owner.

(a)

Every permanent sign or other advertising structure hereafter erected shall have a permanent identification tag located in a conspicuous place thereon, in letters not less than one inch in height, the date of erection, the permit number and the voltage of any electrical apparatus used in connection therewith.

(b)

Whenever the removal or maintenance of any permanent sign has been ordered by the Building Commissioner, the person, firm or corporation who erected such sign or on whose premises such sign or display structure has been erected, affixed or attached shall remove or maintain the sign within 48 hours after receiving such notice. In the event of noncompliance, the commissioner may remove or cause to be removed or maintained such sign at the expense of the person, firm or corporation who erected such sign, or on whose premises it was erected, affixed or attached; each such person, firm or corporation shall be individually and separately liable for the expenses incurred in the removal of such sign.

(c)

Removal of a sign shall include the sign, enclosing frame, all sign supporting members and base, unless the enclosing frame and supporting members are a structural part of the building.

(d)

Temporary signs in existence on the effective date of this section which do not comply with the provisions of this chapter, and all other signs heretofore erected or displayed without legal authorization, or as to which a legal nonconforming sign status has not been established, shall be removed within ten days after the delivery, by certified mail or personal service, of written notice by the Building Department to the owner or occupant of the premises on which such sign is located ordering removal

('64 Code, § 1187.15; Ord. 3062, passed 1-16-90; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

A sign nonconforming as to the regulations prevailing on the effective date of this chapter, to wit: _______, shall be deemed a nonconforming sign unless this chapter or a subsequent amendment thereto makes such sign conforming.

(a)

Maintenance, repair, alteration, change of use or occupant. Any lawful nonconforming sign may be maintained and the structural or electrical parts repaired or restored to a safe condition only if required by law. Otherwise, a nonconforming sign shall not be altered or moved unless it is made to comply with this chapter. If any sign or part thereof is damaged, destroyed to more than 50 percent of its reproduction value or taken down, it shall not be rebuilt or relocated unless made to comply with the regulations of the district in which it is located.

(b)

Discontinuance of use. A nonconforming sign, the use of which is discontinued for a period of 30 days or more, shall thereafter be changed to conform to the regulations of this chapter.

(c)

Conformance date. Any pole sign, as defined in this chapter, including its structural and supporting members, nonconforming under this Zoning Code and located within any Zoning District shall be discontinued. Council hereby finds and determines that such pole signs pose a threat to motorist and pedestrian traffic and the location and appearance of the signs adversely affect residential and business property values. As such these signs are hereby declared a nuisance and thus are to be removed.

('64 Code, § 1187.16; Ord. 3062, passed 1-16-90; Am. Ord. 3352, passed 6-7-94; Am. Ord. 5433, passed 9-21-21)

Cross reference— Penalty, see § 1187.99

(a)

Any sign accessory to an abandoned use shall be removed within 30 days of notification by certified mail by the Building Department for removal of that sign. A use shall be determined abandoned if it has ceased operation for at least 90 consecutive days.

(b)

Notification shall be deemed sufficient if mailed to the last known address of the owner of the sign and to the address, as shown on the records of the Cuyahoga County Recorder, of the owner of the property where the sign is located.

('64 Code, § 1187.17; Ord. 3062, passed 1-16-90)

Cross reference— Penalty, see § 1187.99

(a)

New developments. For a new development, the Planning Commission may recommend to Council for approval, deviations from the specific sign requirements of number, area, location, heights and content when included in the development plan review and approval process. The specific reasons and rationale for the deviations from code requirements shall be documented in the commission's minutes and report to Council. After approval of the deviation by Council, the approved signage shall become the permanent legal nonconforming signage for that development (See subsection 1187.15(c)). The approved signage shall become a part of the approved final development plans on file with the Building Department.

(b)

Existing developments. For existing developments which are or will undergo substantial changes in the development or in the type of operation/business in the development, the Planning Commission may recommend to Council, deviations from the specific sign requirements by the same procedures and conditions as for new developments.

(c)

Other deviations. Any applicant for a sign permit who desires to deviate from any of the regulations contained in this chapter shall make application to the Planning Commission for such deviation. The application shall be on forms as provided by the Building Commissioner. The applicant shall pay a fee in the amount of $50.00 to defray administrative and publication costs associated with the request for a deviation. This fee shall be in addition to any other permit fee required in section 1314.12 of the codified ordinances of the city. The application for a deviation shall be administered as follows:

(1)

A public hearing shall be held on any application for a deviation pending before the Planning Commission involving a deviation from the sign regulations for:

A.

Signs located within a Residential District.

B.

Signs located within 100 feet of a Residential District.

C.

Signs located less than the minimum setback required from an adjoining property.

Public hearings shall be held ten days prior notice thereof has been published once in any publication having general circulation within the city.

(2)

Deviation from the sign regulations may be granted by the Planning Commission, if the commission finds that:

A.

Strict application or enforcement of the sign regulations imposes an unnecessary hardship upon the applicant because of conditions unique or peculiar to the premises upon which the sign is to be located or is currently located, which conditions are not common to other properties and were not voluntarily created by the property owner, any occupant thereof or any predecessor in interest.

B.

Denial of the requested deviation will unnecessarily deprive the owner or occupant of a substantial property right without thereby promoting the public health, safety or welfare.

C.

The deviation requested would be in general harmony with the purpose and intent of the sign regulations contained in this chapter.

(3)

All deviations granted by the Planning Commission shall be subject to review and approval by a majority vote of all members of Council before becoming effective.

(4)

Unless the sign for which a deviation has been approved is constructed or is under substantial construction within six months from the date a sign permit has been issued, the deviation or deviations shall automatically expire and become null and void upon the expiration of the six-month period.

('64 Code, § 1187.18; Ord. 3062, passed 1-16-90; Am. Ord. 3213, passed 6-2-92; Am. Ord. 3352, passed 6-7-94)

Cross reference— Penalty, see § 1187.99

The following signage shall be exempt from these sign regulations:

(a)

Cornerstones and permanent building plaques, displaying the date of construction, building name or similar information.

(b)

Display of official public notices, the United States Flag, the State of Ohio Flag, the flag and emblem or insignia of an official governmental body, and any other flag, as defined below in (i), displayed on private property.

(c)

Holiday decorations displayed for customary periods of time.

(d)

Painted wall murals or other similar art work if approved by the Planning Commission and Council.

(e)

Signage which is not advertising and is an integral part of the original construction of vending machines, fuel pumps, or similar devices.

(f)

Street name signs.

(g)

Special signage determined by the Planning Commission to be reasonable considering the intent and regulations of this chapter.

(h)

Signage erected and/or maintained by the city for public purposes.

(i)

Flags. Flag means a piece of cloth or similar material, which is used as a symbol of something, attached to a stationary pole or structure by only one edge, and subject to movement only by reason of natural air current.

('64 Code, § 1187.19; Ord. 3062, passed 1-16-90; Am. Ord. 5433, passed 9-21-21)

If any section, subsection, division, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

('64 Code, § 1187.20; Ord. 3062, passed 1-16-90)

In the event a sign has not been installed prior to permit expiration, the approval of any sign application by the Planning Commission and any sign code deviations which may be approved by City Council along with any permit issued pursuant thereto shall expire six months from the date of the approval by the Planning Commission, the date that Council approved any requested sign code deviations or the date a sign permit is issued, which ever event occurs first. In the event work has commenced pursuant to the issuance of any sign permit within the six month period as specified above but has not been completed within such time limit, the Building Commissioner may issue an extension of time for the completion of the work not to exceed 60 days upon the showing of good cause by the permit holder.

(Ord. 3740, passed 7-6-99)

(a)

Any person, firm or corporation which shall violate any provision of this chapter, or which shall fail to obey any lawful order of the Building Commissioner made in accordance with the provisions hereof, or which shall erect, construct, alter or repair, or which has erected, constructed, altered or repaired any sign or part thereof which is not in conformity with the plans and specifications submitted to and approved by the Planning Commission or Building Commissioner in reference to which a sign permit has been issued, or fails to secure a sign permit for such work, or which violates any provision of this chapter, shall be deemed guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed on each day during or on which a continuing violation occurs.

(b)

The owner or lessees of any building, structure or premises whereon there is built, placed, erected, constructed, reconstructed or altered, any sign in violation of this chapter, and any contractor, subcontractor, or agent or employee or person retained or employed in connection therewith, and who participates in or in any manner assists in the violation of any of the provisions of this chapter, or of any ordered issued hereunder, shall be deemed guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed on each day during or on which a continuing violation occurs.

('64 Code, § 1187.99; Ord. 3310, passed 9-21-93; Am. Ord. 3488, passed 3-5-96)

The following uses are hereby prohibited in all Use Districts:

(a)

Abattoir or slaughterhouse, stockyards, meat packing plant, tannery, curing and storage of raw hides, manufacture and refining of tallow, grease and lard, handling and treatment of dead animals, hides, bones, blood, scrap, hair, glue and size, and gelatine manufacture involving recovery from fish or animal offal, soap manufacture, stock food manufacture from refuse, treatment or handling of fertilizers, except sale of fertilizers at retail, incineration or reduction of garbage, offal, dead animals or refuse, sewage disposal plant, except when controlled by the municipality.

(b)

Blast furnaces, iron works, steel works using the Bessemer or open hearth processes; coke manufacture.

(c)

Bronze powder manufacture, carbon, lampblack or graphite manufacture, celluloid or pyroxylin manufacture, or explosive or flammable cellulose or pyroxylin products manufacture, coal gas manufacture, coal tar manufacture or tar distillation, glucose or starch manufacture, disinfectant or insecticide manufacture.

(d)

Distillation of bones, coal or wood, or manufacture of any byproduct of such distillation, distillation of alcohol, distillation or manufacture of spirituous liquors, emery cloth or sandpaper manufacture.

(e)

Explosive or fireworks manufacture or the storage or loading of explosives in bulk, gas manufacture or storage, sulphurous, sulfuric, picric, nitric, hydrochloric acid manufacture, or their use or storage, except as accessory to a permitted industry, match manufacture, nitrating processes, petroleum refining, paper and pulp manufacturing by sulfide processes emitting noxious gases and odors, poison manufacture.

(f)

Gypsum, cement, plaster or plaster of Paris manufacture, lime manufacture, stone crushing plants, brick plants.

(g)

Manufacture of oiled cloth or clothing, or the impregnation of any fabric by oxidizing oils, rayon manufacture, rubber manufacture by reclaiming process, shoddy manufacture or wool scouring, tar roofing or tar waterproofing manufacture, paint or varnish manufacture, any chemical manufacture or process giving off noxious fumes, smokes, odors or vapors.

(h)

Hog feeding, except in the ordinary practice of a farm operation, handling, storage or feeding of any garbage, offal or waste, sewage or garbage disposal plant, except where controlled by the municipality.

(i)

Crematories, cemeteries, except municipal cemeteries and necessary additions thereto.

(j)

Motor freight depot, freight depot and truck terminal, including any use of any place, building or part thereof, for the purpose of receiving, reloading, assembly, rerouting or reshipment of cargo, goods, parts, merchandise or freight transported to or from the premises by motor vehicles, including trailers, shall be prohibited, and any use of any place, building or part thereof for parking space, gasoline station, service station, repair shop or other accessory services or uses operated in conjunction with any foregoing prohibited use shall not be permitted.

(k)

Tank farms, storage tanks and facilities for the storage or distribution of gaseous or liquid materials, except those normally found in conjunction with permitted retail business establishments.

(l)

Outside or trailer storage of products, materials, vehicles, supplies, equipment, machinery or wastes, unless expressly permitted and regulated within a Zoning District.

(m)

Junk or wrecking yards.

(n)

Cultivation, processing or dispensing marijuana for a medical purpose with the following definitions:

(1)

Medical marijuana means marijuana that is cultivated, processed, dispensed, tested, possessed or used for a medical purpose.

(2)

Cultivate means to grow, harvest, package and transport medical marijuana pursuant to R.C. chapter 3976.

(3)

Cultivator means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package and transport medical marijuana as permitted under R.C. chapter 3796.

(4)

Dispense means the delivery of medical marijuana to a patient or the patient's registered caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a patient who has an active patient registration with the State of Ohio Board of Pharmacy, authorizing them to receive medical marijuana.

(5)

Dispensary means an entity licensed pursuant to R.C. §§ 3796.04 and 3796.10 and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.

(6)

Plant-only processor means a cultivator that has received a license from the Ohio Department of Commerce for the limited purpose of packaging, selling and delivering finished plant material directly to a licensed dispensary for sale to a patient or caregiver.

(7)

Processor means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.

(8)

Manufacture means the process of converting harvested plant marijuana into marijuana extract by physical or chemical means for use as an ingredient in a medical marijuana product.

(9)

Medical marijuana product means a product that contains cannabinoids that has been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a registered patient, including but not limited to oils, tinctures, edibles, patches and other forms approved under division (A)(6) of R.C. § 3796.06.

(10)

Plant material means the leaves, stems, buds and flowers of the marijuana plant, and does not include seedling, seeds, clones, stalks or roots of the plant or the weight of any nonmarijuana ingredients combined with marijuana.

(o)

Cultivation, processing or dispensing adult use cannabis with the following definitions:

(1)

Adult use cannabis or cannabis or marijuana means marihuana as defined in R.C. § 3719.01.

(2)

Adult use cannabis operator means a Level I adult use cultivator, a Level II adult use cultivator, a Level III adult use cultivator, an adult use processor, and an adult use dispensary.

(3)

Adult use dispensary means a person licensed pursuant to R.C. § 3780.15, R.C. chapter 3780, and any rules promulgated thereunder to sell adult use cannabis as authorized.

(4)

Adult use processor means a person licensed pursuant R.C. § 3780.14, R.C. chapter 3780, and any rules promulgated thereunder to manufacture adult use cannabis as authorized.

(5)

Cultivate means to grow, harvest, package, and transport adult use cannabis pursuant to R.C. chapter 3780.

(6)

Dispensary means a person who has a certificate of operation to operate a dispensary pursuant to R.C. chapter 3796 and chapter 3796 of the Administrative Code.

(7)

Level I adult use cultivator means either a person who has a certificate of operation as a Level I cultivator and who is licensed pursuant to R.C. § 3780.12, R.C. chapter 3780, and any rules promulgated thereunder to cultivate adult use cannabis as authorized, or a person who is licensed as a Level I adult use cultivator pursuant to R.C. § 3780.12, R.C. chapter 3780, and any rules promulgated thereunder to cultivate adult use cannabis as authorized, and either person may operate up to 100,000 square footage of space designated as the cultivation area in the application which may be increased if a request for expansion is approved by the subsection of cannabis control.

(8)

Level II adult use cultivator means either a person who has a certificate of operation as a Level II cultivator and who is licensed pursuant to R.C. § 3780.12, R.C. chapter 3780, and any rules promulgated thereunder to cultivate adult use cannabis as authorized, or a person who is licensed as a Level II adult use cultivator pursuant to R.C. § 3780.12, R.C. chapter 3780, and any rules promulgated thereunder to cultivate adult use cannabis as authorized, and either person may operate up to 15,000 square footage of space designated as the cultivation area in the application which may be increased if a request for expansion is approved by the subsection of cannabis control.

(9)

Level III adult use cultivator means a person licensed pursuant R.C. § 3780.13, R.C. chapter 3780, and any rules promulgated thereunder to cultivate adult use cannabis as authorized.

(10)

Processor means a person who has been issued a processing certificate of operation pursuant to R.C. chapter 3796 and chapter 3796 of the Administrative Code.

('64 Code, § 1189.01; Ord. 2042, passed 12-20-72; Am. Ord. 2137, passed 1-21-75; Am. Ord. 5073, passed 5-16-17; Ord. No. 5705, § 1, 6-4-24)

The following uses are hereby prohibited in all Residential Zoning Districts:

(a)

Heliports and helistops as defined in chapter 729 of the Code.

(Ord. 3821, passed 7-18-00)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Abandoned well means any producing well which has not been operated for six months, except for mandatory shut-ins by gas purchasers, and any drilling operation that has ceased for 30 consecutive days.

Applicant means the record owner of the real property, and owner if different than the record owner and producer, it being the intent that the record owner, owner and producer shall comply with all laws and regulations and shall be treated as jointly and severally responsible for all acts performed in drilling, production and abandonment of oil and gas wells.

City means the City of Brecksville.

Contractor means any third party engaged by an owner or producer to conduct drilling, production or other operations.

Deleterious matter means any chemical, salt water, oil field brine, waste oil, waste emulsified oil, basic sediment, mud or injurious substances produced or used in the drilling, development, transportation, processing or refining of oil and gas.

Division means the Division of Oil and Gas, Department of Natural Resources for the State of Ohio.

Gas means all natural gas and other fluid hydrocarbons, not herein defined as oil, including condensate. Condensate means liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

Oil means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, but does not include hydrocarbons that were originally in a gaseous phase in the reservoir.

Oil and gas wells means all wells as defined herein for the production or extraction of oil and/or gas.

Owner means the person who has the right to drill on a tract or drilling unit and to drill onto and produce from a pool or reservoir and to appropriate the oil and gas that is produced therefrom for themselves or others.

Permittee means the person to whom is issued a permit or permits.

Person includes any person, firm, partnership, association, corporation, trust, cooperative or other type of organization.

Pollution means the contamination or detrimental alteration of the physical, chemical or biological properties of any natural surface or ground waters of the city, or the discharge of any liquid, gas or solid substance into water, on the land, or in the air as well, or as is likely to create a nuisance, or render such water or air harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other beneficial uses, or to livestock, animals or aquatic life.

Producer means the owner of a well capable of or producing oil or gas or both, or a person intending to produce oil and/or gas from a well. Production includes transmission of oil and gas within pipelines when used in this chapter.

Water means all streams, lakes, ponds, marshes, watercourses or waterways, wells, springs, drainage systems and all other bodies or accumulations of water, surface or ground, intermittent or continuous, which are contained within, flow through or border upon the city or any portion thereof.

Well means any bore hole, whether drilled or bored, for production, extraction or injection of any gas or liquid mineral, excluding potable water to be used as such, but including natural or artificial brines and oil filled waters.

('64 Code, § 1190.01; Ord. 2886, passed 5-19-87)

(a)

No person, contractor, owner or producer shall drill or cause to be drilled a well for oil or gas, or deepen an existing well for oil or gas, or carry on such development within the corporate limits of the city until the relevant provisions of this chapter have been complied with and a permit has been issued by the Building Commissioner as provided by this chapter. No permit shall be issued unless the application is accompanied by a valid gas or oil well permit issued by the division to such person, contractor, owner or producer.

(b)

For each gas and oil well to be drilled, deepened, reopened or plugged, a permit shall be obtained and the applicant shall comply with each and every regulation of this chapter and all other applicable federal, state and local law or regulation prior to the issuance of the permit, regardless of the number of permits previously issued within a drilling unit. If the Building Commissioner finds that an applicant for a permit is in violation of this chapter on any previously issued permit, he shall not issue any new permit until satisfactory evidence has been provided to him that all violations have been remedied and all fines, deposits and costs have been remitted to the city.

(c)

No permit shall be issued to drill, deepen, reopen or plug a well for oil and gas unless the proposed well is located upon a tract of land or drilling unit containing not less than 40 acres for wells 4,000 feet or deeper, and not less than 20 acres for wells less than 4,000 feet in depth. No more than one oil and gas wells shall be permitted to be drilled in any one drilling unit. No more than four contiguous lots of record which contain inhabited dwelling units shall be pooled for the purpose of creating a drilling unit and meeting minimum lot requirements.

(d)

All drilling, production and transmission operations and facilities for oil and gas shall comply with all of the requirements of this chapter, R.C. chapter 1509, Ohio Administrative Code chapter 1501, the rules of the division, all other applicable administrative regulations and laws of the state, the requirements of the Ohio and U.S. Environmental Protection Agency regulations, the National Pollution Discharge Elimination System regulations and permit provisions as applicable, the Federal Water Pollution Control Act Amendments of 1972 including but not limited to the Oil Pollution Prevention Regulations, the Safe Drinking Water Act, and applicable provisions of anti-degradation statutes and regulations of the state and federal governments, or any amendments made thereto. In case of conflict among any local, state or federal laws, the more stringent provisions shall apply.

(e)

No permit shall be assignable or transferable. Any change in ownership or operation under the permit shall require the new owner or operator to file an application for a new permit, without additional permit fees, in accordance with the regulations in this chapter. It shall be the duty of the existing permit holder to advise the Building Commissioner of any change in ownership and failure to advise shall be a violation of this chapter.

('64 Code, § 1190.02; Ord. 2886, passed 5-19-87)

Cross reference— Penalty, see § 1190.99

No person, owner, contractor or producer shall drill or cause to be drilled, deepened, reopened or plugged a well for gas or oil in the city without first obtaining a permit issued by the Building Commissioner as provided in this chapter. The fee for each such permit shall be $1,000.00. A separate application and fee shall be required for each well.

('64 Code, § 1190.03; Ord. 2886, passed 5-19-87)

Cross reference— Penalty, see § 1190.99

Every application to drill an original well, deepen an existing well or to reenter an abandoned well shall be in writing, signed by the applicant, or by a person legally authorized to sign in his behalf, and shall be accompanied by the permit fee. No application shall request a permit to drill more than one well. The application shall include the following information:

(a)

A true copy of the state permit and the state permit application as submitted to the division including all salt water disposal plans and a map prepared by a registered surveyor. The applicant shall provide a plan for the handling, storage, removal and disposal of drilling fluids and materials, salt water, frac-water, sludge and any other gas or oil field waste.

(b)

A timetable listing when site preparation is to begin, when drilling is to begin and end, when drilling equipment is to be removed, when access roads are to be installed and completed, when permanent storage tanks are to be erected, when transmission lines are to be installed, and when production is estimated to begin.

(c)

A statement providing the name and address of the land owner, well owner if different than the land owner, the producer, and all contractors.

(d)

A spill prevention plan as required under Federal Oil Pollution Prevention Regulations (40 CFR Part 112) which shall also include a schematic drawing of the loading area and measures to be taken for removal of brine and oil from storage tanks in order to confine spill age of same. The schematic drawing shall show an aerial view and a side view, indicating location of separator, tank, sump and loading area. The plan shall include the name and phone numbers of persons responsible for the prevention of spills at the facility and for containment of spills should they occur for emergency notification.

(e)

Two sets of site development plans for review by the Planning Commission, which plan, as same may be approved, shall be followed in the development of the property and which plan shall include the following features on both a map and narrative:

(1)

North arrows;

(2)

Name, address and phone number of record owner of property, applicant and driller;

(3)

A vicinity map to a convenient scale showing the following:

A.

Property lines, boundary lines of drilling unit, streets, rights-of-way, corporation lines and easements adjacent to the site;

B.

The well site; the tank battery site;

C.

Proposed permanent and construction drive locations;

D.

Piping from the well to tanks and from tanks to point of connection with existing supply line;

E.

Nearest dwelling or occupied building and nearest water well in every quadrant, which are located within a radius of 1,320 feet from the well head site, indicated by an arrow and the distance in each quadrant to the nearest dwelling, building and water well;

F.

Location, type and size of proposed piping, either above or below ground;

G.

Location of water, watercourses, tree lines, marshes, water impoundments and other significant natural or human-made features within 2,000 feet of the site; and

H.

Location of transmission lines and power shut-offs.

Any amendments to this map proposed to be made prior to the issuance of a permit shall be immediately filed with the Building Commissioner. Subsequent to the issuance of a permit, no amendments shall be made unless reviewed by the Planning Commission and approved by Council.

(4)

Enlarged details shall be provided of the well site and the tank battery site showing the following:

A.

Well appurtenances: Tanks, separators, piping valves, pits and dikes. The location of all power shut-offs along with a detailed description of the operation of same; the location of all oil or gas flow shutoffs along with a detailed description of the operation of same.

B.

Fences to be provided around both the well site and tank battery site. The fence shall be chainlink with a minimum height of eight feet with three strands of barbed wire on top. Gates shall have provision for padlocking with sufficient keys to be supplied to the city. An additional gate is to be provided at the driveway entrance, outside the right-of-way, to prevent unauthorized vehicles from entering. Details of gates are to be shown on the plan.

C.

Existing contours, with a minimum interval of two feet, shall be shown within the drilling unit delineating the area of the proposed well site, pits, storage tanks, and all other temporary or permanent fixtures associated with either drilling or production. Show spoil pile locations.

D.

Drainage structures, sized in accordance with criteria available through the City Engineer.

(5)

Details as to width and composition of proposed permanent and temporary driveways shall be provided and in accordance with the following:

A.

Permanent driveways shall have a minimum width of ten feet. The minimum requirement for driveway material to be graded, crushed aggregate of a size, and placed to a thickness, sufficient to prevent displacement under anticipated loading at the discretion of the Building Commissioner. The permanent driveway shall serve the tank site unless such permanent driveway is also required to serve the well site as may be required by the Planning Commission and Council. Positive drainage shall be maintained around this area at all times. The anticipated width and loading shall include, in each case, the heaviest and widest fire fighting equipment owned by the city.

B.

Details of the proposed temporary construction drive to provide access and a staging area for equipment and materials shall be provided. This drive shall not be less than 40 feet in width at the street, tapering to not less than 30 feet at the right-of-way, and extending from the right-of-way a minimum distance of 100 feet onto private property. It shall be constructed of a graded, crushed aggregate of a size, and placed to a thickness, to prevent displacement under anticipated loading at the discretion of the Building Commissioner. If required by the City Engineer, a properly sized culvert shall be installed at the street (minimum requirement is 12 inch diameter, 16 gauge with annular ends). Unless the temporary drive is incorporated into the permanent drive, it shall be removed along with the culvert and the area restored to its original condition when the well site is restored. Positive drainage shall be maintained around this area at all times. The anticipated width and loading shall include, in each case, the heaviest and widest fire fighting equipment owned by the city.

(6)

Typical cross-sections through diked areas around tanks; specify liners and methods of securing same. State volume of each diked area (minimum volume to be twice tank capacity). No direct discharge shall be permitted from the containment areas. The contents shall be pumped out and removed from the site along with brine or other spilled materials. All other requirements of the National Fire Code and the National Fire Protection Association shall be met and such dikes shall be maintained during the entire time of the well construction and operation.

(7)

A Restoration Plan for the restoration of land surfaces as required by R.C. § 1509.06(L) shall include restoration details. All disturbed areas are to be fine graded, seeded and mulched on completion of grading operations. Between November 1 and March 1, only mulch need be applied. After March 1, the temporary mulch shall be removed and the areas dressed, seeded and mulched. If, in the opinion of the City Engineer, due to conditions of the site, a potential for erosion and sedimentation exists, a review by the County Soil and Water Conservation District shall be required. Recommendations prompted by their review or by the Engineer shall be incorporated in the site plan. Weather permitting, restoration shall be completed within 60 days after drilling is completed.

(8)

A detailed landscape plan which shall graphically depict all above ground pipelines, tanks and other structures, as well as proposed landscaped features, including location and plant type proposed for screening purposes.

(9)

An equipment list of those items to be installed at the site by manufacturer with model number or specifications as applicable. Provide a list of all subcontractors to be employed and the work they shall perform. Provide a list of temporary equipment to be utilized during the drilling operation including complete information on the blow-out preventer.

(10)

Typical trench sections for pipelines showing depth of line, trench width and backfill, including bedding and encasement details where applicable.

(11)

Details of pits to be constructed for the temporary storage of brine and oil field waste during drilling and fracturing operations, including typical cross section, liner specifications and methods of securing same. Pits shall be constructed and lined to be water and liquid tight and shall be maintained to prevent the escape or absorption of any wastes, brines, sludges, oil, oil by-products, or other deleterious materials into the ground. During drilling, the drilling fluids and other materials in the pit shall not be permitted to exceed a level of 18 inches from the top of the pit. There shall be a minimum one-inch clay seal underneath the temporary drilling pit. The location, volume and construction of the temporary pit shall be subject to the approval of the City Engineer.

(12)

A description of the drilling procedures to be followed, including the intended depth of drilling, the method of extraction of oil and gas, and the method for abandonment of such well. Also attached shall be a list of all names and addresses of all persons, firms or other entities engaged in the process of site preparation, drilling, production, removal of brine or oil, transmission of gas, or any other activity needed for the drilling and production of gas and oil on the well under consideration for a permit.

(13)

Size, type, and interior coating (if any) specifications for tanks used in the storage of oil or brine. Tanks may not exceed ten feet in height and are to be painted a color approved by the Building Commissioner, so as not to contrast with the surrounding environment. Not more than one oil storage tank per well site shall be permitted.

(14)

Where the application is one for re-entry of an abandoned well, the application shall contain all of the information required by this section and shall provide the following:

A.

A statement of the condition of the well; and

B.

Evidence of current tests establishing the integrity of the casing strings and cementing as would be required for drilling of a new well.

(15)

Within 30 days after commencement of production, an "as-built" site development plan shall be submitted to the city for record purposes.

('64 Code, § 1190.04; Ord. 2886, passed 5-19-87)

The applicant shall submit information providing evidence that the applicant has the ability to remove all brine, drilling materials, sludge and all other deleterious materials from the site and the city and shall demonstrate to the satisfaction of Council that a brine injection well or wells are available with sufficient excess capacity to accept all brine wastes and other deleterious materials to be removed from the city and that such injection well or wells have been inspected and approved by the division. For wastes and deleterious materials that are not acceptable for injection, the applicant shall demonstrate the availability of solid or hazardous waste facilities willing to accept such wastes. No permit shall be issued until such evidence is presented, to the satisfaction of Council.

('64 Code, § 1190.05; Ord. 2886, passed 5-19-87)

Cross reference— Penalty, see § 1190.99

Prior to the issuance of a permit, the applicant shall post with the city the following funds and documents:

(a)

A $5,000 cash deposit to cover costs incurred by the city in reviewing the application by the Planning Commission, the City Engineer, a City Hydrologist, a City Geologist or Petroleum Engineer, and such other professional consultants as the Planning Commission, with the approval of Council, deems necessary, in order to determine the effect of drilling and production of oil and gas in the location specified on the health, safety and welfare of the residents of the city. Such deposit shall be made to the Finance Director and the balance, if any, of unused funds shall be returned to the applicant.

(b)

A $5,000 bond to guarantee proper maintenance and restoration of the property on which the well shall be located after completion of the drilling and the proper abandonment of the well. The Planning Commission may recommend that Council require a higher bond based on-site conditions that would require higher cost to the city for site restoration. The unused portion of the bond shall be returned after the well is abandoned and the site restored to the satisfaction of the Building Commissioner.

(c)

The applicant shall provide with his application, proof that he currently is insured to the extent of $500,000.00 per person for general liability and personal injury with an aggregate per incident limit of $2,000,000.00; and $500,000.00 for property damage to any one person with an aggregate limit of $2,000,000.00. Such insurance policies shall insure the city and any person suffering any personal injury or property damage as a result of the drilling or operation of the well. The aforementioned policies of insurance shall be in full force and effect prior to the issuance of a permit and shall continue in effect until such well is plugged or abandoned as hereinafter provided. Copies of all insurance policies, including renewals thereof, shall be filed with the Building Commissioner. Additionally, all insurance policies and bonds required hereunder shall provide that the city be provided with at least ten days written notice prior to the cancellation of any insurance or bond.

Further, by submitting an application for a permit for a gas and oil well, the applicant agrees that he shall hold harmless and indemnify the city from any and all loss, claims, demands or causes of action, including reasonable attorney's fees and costs of suit, in the event same is brought against the city as the result of any activity engaged in by the applicant or his contractors, in furtherance of the drilling, production or abandonment of any oil or gas well within the city.

('64 Code, § 1190.06; Ord. 2886, passed 5-19-87)

Cross reference— Penalty, see § 1190.99

(a)

The Building Commissioner shall refer each application to the Planning Commission which shall conduct and coordinate an investigation of all aspects of the application and supporting papers, drawing on the expertise of city officials and employees, and retaining professional consultants, with the approval of Council, for functions specified in this chapter. The commission shall conduct an investigation of the application to determine compliance or noncompliance with the provisions of this chapter along with those other matters specifically entrusted to the commission for determination by provisions contained in this chapter.

(b)

In addition, the commission shall have the right to investigate and determine whether by reason of the location of the proposed well and the character and value of the permanent improvements already erected, and the use to which the land and the surrounding area is adapted for civic purposes, or for sanitary reasons, the drilling of an oil or gas well will constitute a threat to the health, safety or welfare of the city or its residents.

(c)

The report and findings of the commission shall be made to Council together with any substantiation of such findings in adequate detail. Council may, after it determines whether there has been compliance with the provisions of this chapter, and in consideration of the report and findings of the commission, authorize the issuance of a permit, or reject the application. Should Council authorize the issuance of a permit, the Building Commissioner shall issue the permit to the applicant within ten days of the date Council has authorized it.

('64 Code, § 1190.07; Ord. 2886, passed 5-19-87)

The review of the site and the application by city officials and consultants shall include but not be limited to the following:

(a)

The City Engineer shall review the site and the site development plan and any erosion control plan to be submitted by the applicant, and all other information submitted to the Planning Commission as required by this chapter, and shall recommend to the commission whether or not the specification proposed complies with the code, and what additional conditions should be imposed, if any, in the event that the commission recommends the granting of a permit.

(b)

The Hydrologist, if retained by the city, shall review the application to determine whether the proposed well site is in a groundwater recharge area, and further review all information available to the city to determine the effect of such well on the surface and ground water of the city, and shall recommend to the commission whether or not the applicants proposal complies with this chapter, and what additional conditions should be imposed, if any, in the event that the commission recommends the granting of a permit.

(c)

The Geologist or Petroleum Engineer, if retained by the city, shall review all information submitted by the applicant, in respect to the geology of the site and surrounding area, to determine whether the proposed drilling and production methods comply with all laws and regulations and sound engineering practice, and shall recommend to the commission whether or not the applicant's proposal complies with the code, this chapter and what additional conditions should be imposed, if any, in the event the Council authorizes the granting of a permit.

('64 Code, § 1190.08; Ord. 2886, passed 5-19-87)

After a permit has been granted, the applicant shall meet with the Geologist or Petroleum Engineer, if retained by the city, to coordinate inspection of the drilling for gas and oil wells and to permit such Geologist or Petroleum Engineer, if retained by the city, to adequately advise the city as to compliance with this chapter. The Geologist or Petroleum Engineer, if retained by the city shall be responsible to inspect, and shall have authority to approve or disapprove any act or omission of the applicant concerning any health or safety matter, in furtherance of drilling, production or abandonment of any oil or gas well at any stage, and shall, if directed by the city, be present during the following stages:

(a)

He shall observe and along with the City Engineer approve the actual site for construction and drilling of the well, and the area of the well site.

(b)

He shall observe the completion of the surface hole and approve the method and amount of the cementing of the surface casing of the well.

(c)

He shall provide inspections of the well site during drilling of the remainder of the hole.

(d)

He shall be present prior to fracturing the well to approve water flow back room and spillage control, to approve the safe fracturing of the well, and shall also be present to observe flow back of frac-water during the fracturing process. All flow-back water shall be returned to the frac-tanks.

(e)

He shall provide inspections of the flow back pit during the swabbing phase after fracturing to assure spillage and contamination control, and shall approve together with the engineer (prior to drilling) pit placement and size.

(f)

He shall inspect and approve the safety aspects of tank battery and appurtenant structure construction, piping and location of equipment and inspect completed and reclaimed areas of the well construction site.

(g)

He shall inspect and approve capping or plugging of the well.

(h)

He shall inspect and approve abandonment of the well.

The applicant shall fill and level all areas excavated for temporary drilling pits within seven days after the applicant is ready to commence production, and shall restore the land to its original condition. The applicant shall remove all drilling materials, fluids and deleterious sludge from the pit and haul such materials outside the city for disposal.

The Building Commissioner or his authorized representative, shall have the authority to enter, at any time, on property where drilling is proposed, in process, or where a well is in production, for the purpose of inspecting the site, equipment and all other things needed to assure compliance with this chapter.

('64 Code, § 1190.09; Ord. 2886, passed 5-19-87)

Prior to the commencement of the drilling operation and prior to the installation of any tanks, the permit holder shall provide ingress and egress roads, to the satisfaction of the Building Commissioner, to all well and tank sites. All tank access roads shall be constructed of suitable slag, gravel, crushed stone or other road surface material, be of adequate width to allow travel by firefighting equipment, and be maintained in good condition free of mud or dust. In the event any mud is carried onto the public street, the permit holder shall immediately remove same from the street to the satisfaction of the commissioner.

('64 Code, § 1190.10; Ord. 2886, passed 5-19-87)

(a)

Fresh water wells located within 2,000 feet of any well shall be tested prior to drilling. Such testing is the responsibility of the permittee and shall be at the permittee's expense. Sample collection shall be in containers and following methods approved by the State Board of Health and tested by a state certified laboratory. Test results shall be filed with the Building Commissioner. Upon the complaint of any affected resident that any fresh water well located within a radius of 2,000 feet has been disturbed or altered, a new test, at the permittee's expense shall be taken for the presence of such deleterious materials as chlorides, calcium, sodium magnesium, potassium, iron, strontium and manganese, total dissolved solids, barium, sulfates, nitrates and nitrites, and such heavy metals as lead, mercury and cadmium. Tests shall also be made for certain volatile organic chemicals found in association with Ohio brines including benzene, toluene, xylene and ethylbenzene. This testing shall follow the same procedures as for the original test required by this section.

(b)

If in the opinion of the Hydrologist, if retained by the city, the fresh water well is proven to have been disturbed by the well or tanks, the permittee shall immediately correct the problem. Potable water, in amounts needed by the well user, shall be provided by the permittee and a new fresh water well shall be drilled immediately, to ensure an adequate potable water supply to those injured parties. If a new fresh water well is not drilled within thirty days, the permittee shall suspend drilling and production operations, and shall be fined $100.00 a day, until a new fresh water well is drilled. The fine shall be in addition to any other penalties provided herein.

('64 Code, § 1190.11; Ord. 2886, passed 5-19-87)

The following regulations shall apply during drilling and production of oil and gas wells:

(a)

All storage tanks for storage of oil, water, brine and other such elements shall be leak proof and shall be equipped with a thief hatch cover in a location satisfactory to the City Geologist or Petroleum Engineer, if retained by the city, in order to enable visual inspection of the tank which shall be kept closed at all times when not in use. Any brine storage tank manhole shall have a device securely attached across the opening of the manhole to eliminate access into the storage tank. The oil storage tank shall be equipped with a vent pipe with a safety check valve installed in the vent pipe on top of the storage tank.

(b)

The flow line from the well to the separator device shall have a pressure activated shutoff valve system to cut off the flow just prior to the opening of the safety valve on the separator. In the event that the well system utilizes a pump jack, the pump jack shall also have an automatic shutdown system, approved by the City Geologist or Petroleum Engineer, if retained by the city, to stop fluid spill if rod packing leaks. At least once each year, commencing at initial production of a well, the permittee shall test all safety valves used in the production of oil and gas to determine that they are properly functioning and shall report the same to the Building Commissioner no later than June 30 of each year. If such report is not received within 15 days of June 30, the commissioner and City Geologist or Petroleum Engineer, if retained by the city, shall inspect the premises, to determine the same, and obtain reimbursement of the cost of such inspection from the applicant or any bond or deposit of the applicant being held by the city.

(c)

Except as provided in division (b) hereof, all motor powered equipment intended for permanent use in production of wells or transmission of fluid or gas shall be operated only on electrical power. This regulation shall not apply to motors used in drilling operations or mobile service rigs at the site. Any diesel engines being utilized during the drilling stage shall have adequate mufflers to suppress sound and each drilling rig shall be provided with fire resistant soundproofing material and shall be subject to the approval of the City Geologist or Petroleum Engineer, if retained by the city. All storage tanks, separators and distribution pipes shall be based on a minimum one-inch clay seal on the surface of the ground, allowing for a lime stone base, and shall be contained by a retainer wall, with a minimum one-inch clay seal, capable of holding two and one-half times the capacity of all storage tanks. The permittee shall provide a loading area to the storage tanks with provisions for a ramp so that if any spillage occurs while removing any materials from storage tanks that spill shall go into a sump which can be pumped into a removal vehicle. Whenever the removal vehicle is at the loading area, all fluids in such sump shall be pumped into the removal vehicle. Permittee shall not permit the fluids in the sump to overflow at any time.

(d)

The maximum sound level of all operations during the drilling stage shall be 65 decibels at a distance of 350 feet not to be exceeded more than 10 percent of the time during drilling. In the event that the Building Commissioner determines that the decibel limit has been violated, he shall order the permittee to cease drilling until adequate measures are taken to reduce the decibel level equal to or less than 65 decibels at a distance of 350 feet.

(e)

During drilling of a well, beyond the surface hole, the permittee shall install a blow-out preventer, to be tested at the top of the big lime, with a remote manual preventer control, to shut down the system. The permittee or his agents shall be on-site during all phases of drilling and the permittee shall ensure that adequate and knowledgeable and experienced drillers shall be on-site during all phases of drilling.

(f)

The person or persons who shall perform the fracture of each well shall be subject to approval of the City Geologist or Petroleum Engineer, if retained by the city, who shall ensure that such person or persons are adequately experienced and shall take adequate precautions to avoid any danger to person or property. In the event that any well site, in the opinion of the City Engineer or Hydrologist, if retained by the city, is sufficiently close, to potentially adversely affect any existing pond, stream, lake or other body of surface water, the permittee shall construct diversionary ditches and devise and construct an impounding system to contain any liquids that might otherwise escape from the well site. Such ditches and impounding systems shall be constructed in a manner approved by the City Engineer.

(g)

After conclusion of the drilling stage, and upon the date when notice is required to be given to the city of the commencement of production, the permittee shall remove all drilling equipment, temporary tanks and other materials not intended to be permanently placed at the well site.

(h)

The permittee, during production of a well, shall make daily fluid level checks of all oil, gas, brine, waste and other elements removed from any well and shall also check on a daily basis the condition of all equipment. Any joint or connection under pressure and above ground which carries fluids or gases under pressure shall be inspected weekly to ensure against leakage. The permittee shall provide a written report to the Building Commissioner of any leaks or other problems encountered in the inspections.

(i)

All landscaping shall be completed within 60 days and all grading shall be completed within 14 days after drilling is completed, weather permitting which shall be determined by the Building Commissioner. The site where all permanent storage tanks and other apparatus shall be located shall be screened with natural evergreen vegetation and such vegetation, when planted, shall be at least five feet in height, with the ability to grow to at least 15 feet in height.

(j)

All storage tanks, apparatus and other equipment located above ground at a well site shall be removed and abandonment completed within 180 days after a well stops producing and the ground shall be restored, to the extent possible, to its original condition prior to the drilling of such well, within such 180-day period, weather permitting which shall be determined by the Building Commissioner.

(k)

The City Hydrologist, if retained by the city, shall, at the permittee's expense, on at least a semi-annual basis, test the nearest water well, spring and downstream surface water at locations selected by the City Hydrologist to ensure that no groundwater or surface water is being contaminated as a result of any oil and gas well operation. The Hydrologist shall submit a copy of the results of such tests to the permittee and to the Building Commissioner. In the event that such testing determines that any contamination has occurred, the permittee shall cease production until the source of contamination is located and the permittee is able to eliminate the source of contamination to the satisfaction of the City Hydrologist.

(l)

In the event a permittee at any time determines to shut-in a producing well, the permittee shall notify the Building Commissioner. The permittee shall advise the commissioner of the length of time such well shall be shut-in and when the well shall again be made productive. The commissioner upon receiving notice of the permittee's intention to shut-in the well shall inspect any well after it is shut-in to ensure that the permittee has safely shut-in the well. If the well is shut-in for more than one year, abandonment proceedings shall be commenced and completed within one month thereafter unless an extension is requested by the permittee and approved by the Planning Commission.

(m)

The permittee shall not permit any hydrocarbons or brines to enter the Sharon or Berea Sandstone formations during drilling or production of any oil and gas well.

(n)

The permittee shall be prohibited from accumulating combustible materials in the well site areas and upon order of the Fire Chief, shall remove any combustible materials that in the opinion of such city official may be hazardous. Permanent no smoking signs shall be posted at the entrance gate, on the oil storage tanks and temporary signs shall be posted at the drilling site until production commences. No person shall smoke any cigarette, cigar, pipe or other form of combustible tobacco or have any matches, open flames, or burn any other combustible materials at the well site during drilling or when handling or removing gas at the well site. The permittee shall ensure that when any welding occurs on the premises that suitable welding screens are utilized to protect any person from injury.

(o)

All artificial lighting used during drilling or production of any gas or oil well shall be designed, constructed and located in such a manner to minimize emission upon any property not within the drilling unit.

(p)

The use of nitroglycerin as an explosive shall be prohibited during any phase of drilling, fracturing, operation or production or abandonment of a gas and oil well. The permittee and any contractor shall be permitted to use an explosive other than nitroglycerin to perforate the casing and cement prior to fracturing of a well. Explosives shall not be used to otherwise increase the porosity and permeability of the subsurface and fracturing shall be through the process of hydro-fracturing unless otherwise approved by the City Geologist or Petroleum Engineer, if retained by the city.

(q)

No person shall refine or otherwise process for extraction the products of a gas and oil well except when necessary to make gas acceptable to flow through gas transmission lines and in the event that the latter becomes necessary, the permittee shall notify the Building Commissioner prior to commencement of such processing or production. Any burner unit installed in an oil storage tank shall be properly vented and monitored to ensure no excess heating within the tank while in use.

(r)

If, during drilling, the site shall be unattended at any time, and during the completion phase of drilling, when the well site area is unattended, the permittee shall take whatever necessary steps to secure the well to avoid any hazard or leakage of hydrocarbons or wastes or other elements.

(s)

All pipe and related fittings shall be equal to or better than the American Petroleum Institute Code 5-L, Grade B, and consist of prime material with standard coating. Any deviation from these standards shall be approved by the City Geologist or Petroleum Engineer prior to construction of the same at the well site. Upon completion of construction of all tanks and other apparatus to remain on the well site and laying of pipelines, the permittee shall return all disturbed public or private roads, driveways, walks or approaches to their original condition before disturbance to the satisfaction of the City Engineer. The permittee shall backfill to existing grade level in such a manner so as to prevent erosion or siltation and shall complete all of the same within 14 days after completion of installation of storage tanks and other apparatus and pipelines. All gathering and transmission pipelines shall be laid at a depth of at least three feet.

(t)

A hydrostatic test of all pipelines from the well to the separator and from the separator to transmission lines shall be performed by the permittee prior to placing such line or any section thereof into operation. A hydrostatic test, or such other test as may be approved by the City Geologist or Petroleum Engineer, if retained by the city, shall consist of a pressure not less than two times the expected maximum operating pressure and shall be recorded over a minimum period of 24 hours. In the event that any drop of pressure is noted within such 24-hour period, the line shall not be made operational until the line is capable of performing as set forth in this division.

(u)

All gas produced from wells shall be transported from the drill site by means of an underground pipeline connected directly with the producing well to the separator or treating facilities by a completely closed system without venting high pressure gas or the products of gas to the atmosphere at the production site. All oil produced from the wells on the well site may be transported from storage tanks by means of underground pipelines or by tank trucks whose holding capacity shall not exceed 100 barrels. Oil storage tanks shall be no larger than that sufficient to contain and store 210 barrels of oil (each barrel capable of holding 42 U.S. gallons). No more than one oil storage tank shall be permitted for each well site. Under no circumstances shall any gas be "flared."

(v)

In the event that the City Geologist or Petroleum Engineer, if retained by the city, determines that any drilling or production of a gas and oil well causes any sour gas, or gas or oil odor deemed to be a nuisance by the City Geologist or Petroleum Engineer, the permittee shall take all necessary steps to eliminate escape of any sour gas and where ordered by the City Geologist or Petroleum Engineer, shall provide a filter retrofitted on all storage tanks and shall ensure during production of any well that such filters are either cleaned or replaced in order to adequately suppress odor.

(w)

All waste substances such as brine or acids, produced or used in connection with drilling operations or production shall be retained in water tight receptors from which they shall be hauled for disposal outside the city within ten days after completion of drilling. No production shall commence until such removal has occurred.

(x)

No waste, sludge, water or effluent of any type, used in or resulting from drilling or production shall in any manner be dumped, emptied or drained into any storm drainage course, or storm or sanitary sewer or otherwise disposed of on the land or water of the city. Any liquid or waste, other than the water used within the contained flowback process, extracted from a well during drilling or production shall not be re-injected into the ground within the city. All such wastes and brines shall be stored in tanks and removed from the city by haulers who shall first obtain a permit from the Building Commissioner or provide evidence that they are in possession of a permit from the state for such activity and that they are covered by liability insurance. When requested by the Police Department or the commissioner, such hauler shall produce a log or receipts for the location where such wastes or brine are injected.

(y)

Should there be any leak, spill or malfunction, the permittee shall remove or cause to be removed to the satisfaction of the Building Commissioner and the Ohio Environmental Protection Agency all oil and waste materials from any public or private property affected by such spill, leak or malfunction. The permittee shall also pay for any and all damage to municipal utility services and any extraordinary expenses incurred by the city relating to the use of safety forces at an emergency caused by drilling or production operations.

(z)

Should there be any leak, spill or malfunction, the permittee shall remove or cause to be removed to the satisfaction of the Building Commissioner and the Ohio Environmental Protection Agency all oil and waste materials from any public or private property affected by such spill, leak or malfunction. The permittee shall also pay for any and all damage to municipal utility services and any extraordinary expenses incurred by the city relating to the use of safety forces at an emergency caused by drilling or production operations.

(aa)

It is the responsibility of the permittee to notify the city of any spills, leaks, explosions, fires or potential hazards immediately through the dispatcher at 526-1234 or 911 as may be applicable. Failure to notify the city shall result in a fine of $100.00 per day. A written report shall be filed with the city within 30 days, describing the problem, the reason for same, the action taken to correct or mitigate the problem and stating whether there are any long term effects anticipated. If, in the judgment of the Building Commissioner or the Fire Chief, a hazard to life or property or a fire or explosion hazard exists, he may order the immediate correction of the problem. If no action is taken in response to such order the site shall be closed down.

(bb)

The permittee shall notify the Police Department prior to moving the drilling rig onto or off the well site. Truck routes in and out of the well site shall be approved by the Planning Commission. Truck routes through the city streets shall be limited to roads that can accept the load limits. Consideration shall be given to routes that shall minimize wear on public streets within the city and which shall prevent hazards and damage to other properties within the city.

(cc)

The permittee shall be responsible for maintaining the public roads in a debris-free condition at all times and it shall be the responsibility of the permittee to cause such roads to be free of mud, debris and other materials that accumulate as a result of drilling, production, transmission, hauling or abandonment proceedings. The permittee shall also restore the streets, sidewalks and other public places which may be disturbed or damaged as a result of operations to their former conditions.

(dd)

The permittee shall not store equipment, facilities or material on a drilling unit and shall clear the area of all litter, machinery, derricks, structures and other equipment and facilities not required for the proper drilling or operation of the well.

(ee)

The permittee shall pay to the owner of any building, improvement, goods or chattels located contiguous to the drilling unit upon which the well is located, any extra cost of insurance on such building, improvement, goods or chattels which is imposed by the reason of granting a permit and the operations conducted as a consequence thereof.

(ff)

No drilling whatsoever shall be conducted during the period from February 15 through April 30. Drilling is permitted 24 hours per day, but no driller may detonate explosive devices, perform the process called fracturing, dress tools, sharpen bits, operate his forge or perform other work causing noise or disturbance before the hour of 7:00 a.m. or after the hour of 7:00 p.m. in any area where there exists an inhabited dwelling or dwellings within 1,000 feet of the drilling operation, unless the consent of all property owners or lessees within such distance is obtained in writing. In the event of an emergency affecting life or property, the Director of Public Safety may waive these time restrictions upon written request of the driller or operator. All operations shall be conducted in such a manner as to eliminate, as far as possible, dust, noise, vibration and noxious odors. Only fluid rotary type drilling rigs muffled against noise emissions shall be used in any drilling operation.

(gg)

The permittee shall provide one off-street parking space for each employee engaged in the drilling process and shall provide at least two permanent off-street parking spaces at the site where production equipment shall be located. All trucks, machinery, drilling rigs, and other equipment temporarily stored at the site for use shall be kept in a temporary fenced-in area around the well site when not in use. All extracted materials during drilling and stored at the site shall be kept within such fenced-in area.

(hh)

No person shall install or operate any drilling rig or storage tanks, nor build any related structure, nearer than 500 feet from any inhabited private dwelling house; nearer than 500 feet from any public building which may be used as a place of resort, assembly, education, entertainment, lodging, trade, manufacture, storage, traffic or occupancy by the public, nor nearer than 500 feet to any private water supply. No drilling site may be within 150 feet of any public street or railroad right-of-way. In the case of property owners who locate oil or gas wells upon their own property, such oil or gas well shall not be located nearer than 250 feet from the owner's private dwelling house.

(ii)

All gates are to be padlocked with a copy of the key given to the Building Commissioner, the Police Chief and the Fire Chief. All oil or water lines with valves extending beyond the chain link fence surrounding the storage area shall be locked and capped.

('64 Code, § 1190.12; Ord. 2886, passed 5-19-87)

Cross reference— Penalty, see § 1190.99

(a)

No person shall extend, deepen or enlarge any existing well without first obtaining a permit from the Building Commissioner. Application for such permit shall be made on forms to be prescribed by the COMMISSIONER, and such application shall be accompanied by a fee of $50.00. A separate application shall be filed for each well to be extended, deepened or enlarged. The methodology for permit approval shall be the same as for the issuance of an original permit.

(b)

No person shall use, erect or construct any drilling rig or storage tanks within 500 feet of any private dwelling house or any public building, for the purpose of extending or deepening any existing gas or oil well, except in the case of property owners who located oil or gas wells upon their own property, such oil or gas well shall not be extended or deepened nearer than 250 feet from the owner's private dwelling house. No person shall extend, deepen or enlarge any existing gas or oil well or erect any storage tanks within 150 feet of the nearest point of a dedicated portion of any street, highway or railroad right-of-way.

(c)

A permit is not required to swab, bail or remove debris from any existing gas or oil well.

('64 Code, § 1190.13; Ord. 2886, passed 5-19-87)

Cross reference— Penalty, see § 1190.99

No person shall plug or abandon a gas or oil well without first obtaining a permit from the Building Commissioner. The fee for such permit shall be $25.00. No person shall cause a gas or oil well to be abandoned without first notifying the Commissioner and the Fire Chief of the intent to abandon or plug such well. Such person, after notification, shall furnish the Commissioner a plot plan by a licensed surveyor indicating thereon the exact location of the well to be abandoned or plugged. Upon compliance with the notification and the furnishing of a plot plan, an application for a permit to abandon or plug may be obtained from the Commissioner. Additional regulations applying to the abandonment or plugging of oil or gas wells include:

(a)

All abandoned gas or oil wells shall be plugged in the manner prescribed by the division, the laws of the state, and this chapter, and shall be done under the supervision of the City Geologist or Petroleum Engineer, if retained by the city, and a representative of the division.

(b)

Any person being the owner or lessee of land, who discovers an abandoned gas or oil well, shall immediately notify the commissioner and the Fire Chief.

(c)

Any person who discovers an abandoned gas or oil well during the development of any land or the construction of any building shall immediately cease all operations until notification is given to the commissioner and the Fire Chief and the well is treated in accordance with the provisions of this chapter.

(d)

No person shall remove any casing or piping of any abandoned well until such well has been reported to the commissioner and the Fire Chief and the division. No construction shall take place near or over an abandoned gas or oil well until such well has been treated in conformity with this chapter and the laws of the state.

('64 Code, § 1190.14; Ord. 2886, passed 5-19-87)

Cross reference— Penalty, see § 1190.99

(a)

The permittee shall maintain firefighting apparatus and supplies on the drilling site as required by the Fire Department, during drilling operations and during production. Machinery, equipment and installations on the well site shall conform with requirements of the Fire Department. All electrical boxes shall be locked. A "DANGER" sign as approved by the Fire Department shall be posted at the well site, listing names and telephone numbers for emergency notification.

(b)

In order that some responsible person may be reached at any time in the event of an emergency, the name, address and telephone numbers of all persons responsible for the ownership, operation and maintenance of each drilled well, whether capped, temporarily out of production, not yet fractured and located within the city, shall be furnished to the Building Commissioner. The information shall include the street location, state permit number and name of well. The permittee shall inform the commissioner in writing as to shut-off procedures for any drilled well. The emergency information required by this division shall be prominently posted at the drilled well site.

('64 Code, § 1190.15; Ord. 2886, passed 5-19-87)

(a)

The effective period of a permit issued under this chapter, and all the rights and privileges granted under this chapter, shall not exceed 20 years from the date the permit is issued. At the end of the 20 year period, if the well is still operational and the permittee is not in violation of any provision contained in this chapter or any amendments thereto, the Building Commissioner shall renew the permit upon payment of a $25.00 fee.

(b)

Upon any transfer in ownership or interest of the oil and/or gas well, the new owner shall immediately notify the commissioner in writing of such change and shall make whatever changes and take whatever actions are necessary to make certain all required information is updated.

('64 Code, § 1190.16; Ord. 2886, passed 5-19-87)

(a)

After the issuance of a permit, the same shall terminate and become null and void without any action on the part of the city, unless within 180 days from the date of issuance actual drilling of the well has commenced. The cessation of production of oil or gas from the well after production has commenced, except for mandatory shut-in by gas purchasers, shall operate to terminate and cancel the permit, and the well shall be deemed abandoned. Thereafter, no person shall drill or operate any such well within the city without the issuance of another permit.

(b)

A permit may be revoked at any time for any violation of any provision contained in this chapter by the permittee or any successor in interest. Revocation shall be by Council upon the recommendation of the Building Commissioner or upon its own initiative, after notice of violation and a hearing is provided to the permittee.

('64 Code, § 1190.17; Ord. 2886, passed 5-19-87)

Council shall have the right to reject any application for a permit where by reason of public health, safety and the general welfare, the drilling or operation of a gas or oil well shall constitute a significant disadvantage to the city or any of its inhabitants. In the event a permit application is rejected, the permit fee shall be returned to the applicant.

('64 Code, § 1190.18; Ord. 2886, passed 5-19-87)

Anyone violating any provision contained in this chapter shall be guilty of a misdemeanor of the fourth degree. In the event of a continuous violation, each day the violation exists shall be deemed a separate occurrence.

('64 Code, § 1190.99; Ord. 2886, passed 5-19-87)