Burton City Zoning Code

TITLE FIVE

Special Zoning Regulations

1161.01 NUISANCE OR NOXIOUS CONDITIONS PROHIBITED; SAFEGUARDS.

No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness; electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises provided that any use permitted or not expressly prohibited by the Zoning Ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits and tolerances at the following points of observation:

(a) In any “R”, “B-1" and “B-2" Districts, twenty-five feet from the establishment or use, or at the lot line if closer to the establishment or use.

(b) In “M” Districts: at the boundary or boundaries of the District or at any point within an adjacent “R” District.

(Ord. 914. Passed 11-8-66.)

1161.02 ELIMINATION OF OBJECTIONABLE ELEMENTS.

The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a zoning certificate, shall require the submission of written statements and plans by an architect or engineer licensed by the State, indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

(Ord. 914. Passed 11-8-66.)

1162.01 DEFINITIONS.

(a) Outdoor Wood Furnace: Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An Outdoor Wood Furnace may also be referred to as an Outdoor Wood Boiler or Outdoor Wood-fired Hydronic Heater.

(b) Chimney: Flue or flues that carries off exhaust from an Outdoor Wood Furnace firebox or burn chamber.

(c) EPA OWHH Phase 1 Program: EPA OWHH (Outdoor Wood-fired Hydronic Heater Program) Phase 1 Program administered by the United States Environmental Protection Agency.

(d) EPA OWHH Phase 1 Program Qualified Model: An Outdoor Wood Furnace that has been EPA OWHH Phase 1 Program qualified. The model has met the EPA OWHH Phase 1 emission level and has the proper qualifying label and hangtag.

(e) Existing Outdoor Wood Furnace: An Outdoor Wood Furnace that was purchased and installed prior to the effective date of this chapter.

(f) Natural Wood: Wood, which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.

(g) New Outdoor Wood Furnace: An Outdoor Wood Furnace that is first installed, established or constructed after the effective date of this chapter.

(Ord. 2176-08. Passed 2-23-09.)

1162.02 REGULATIONS FOR OUTDOOR WOOD FURNACES.

(a) Any Outdoor Wood Furnace installed and operated within the Village must be an EPA OWHH Phase 1 Program Qualified Model as defined in Section 1162.01(d) hereof.

(b) No person shall, from the effective date of this chapter, construct, install, establish, operate or maintain an Outdoor Wood Furnace other than in compliance with the applicable sections of this chapter.

(c) No person shall, from the effective date of this chapter operate an Outdoor Wood Furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this chapter.

(d) All new Outdoor Wood Furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this chapter. In the event of a conflict, the requirements of this chapter shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.

(e) No Outdoor Wood Furnace may be installed and/or operated until a permit has been issued by the Village's Zoning Inspector. The owner of the property seeking to install an Outdoor Wood Furnace must fill out an application, present a site plan of the property showing the proposed location where the Outdoor Wood Furnace is to be installed, and pay the permit fee set forth in Section 1113.05(a) for "other structures". The owner of any new Outdoor Wood Furnace shall produce the manufacturer's owner's manual or installation instructions to the Zoning Inspector to review prior to installation.

(f) All Outdoor Wood Furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, ANSI or other applicable safety standards.

(g) The use of an Outdoor Wood Furnace remains subject to the requirements of Chapter 1161 of the Village's Zoning Code.

(Ord. 2176-08. Passed 2-23-09.)

1162.03 SUBSTANTIVE REQUIREMENTS.

Outdoor Wood Furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:

(a) Fuel burned in any new or existing Outdoor Wood Furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup.

(b) The following fuels are strictly prohibited in new or existing Outdoor Wood Furnaces:

(1) Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.

(2) Rubbish or garbage, including but not limited to food wastes, food packaging, food wraps.

(3) Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

(4) Rubber including tires or other synthetic rubber-like products.

(5) Newspaper, cardboard, or any paper with ink or dye products.

(6) Any other items not specifically allowed by the manufacturer or this provision.

(1) An Outdoor Wood Furnace may only be installed in the back yard of the lot for the structure being serviced. Outdoor Wood Furnaces shall not be permitted in a side yard or a front yard.

(2) An Outdoor Wood Furnace shall be installed on a solid base, such as a concrete pad or similar material, with a depth of at least four inches (4").

(3) The Outdoor Wood Furnace shall be located at least fifteen feet (15') from the property line.

(4) The Outdoor Wood Furnace shall be located on the property in compliance with manufacturer's recommendations and or testing and listing requirements for clearance to combustible materials.

(d) Chimney Height.

(1) The chimney of any Outdoor Wood Furnace shall be at least ten feet (10') high. In the event the chimney is within twenty-five feet (25') of any residence or other occupied structure that is not served by the Outdoor Wood Furnace, then the chimney shall be at least twelve feet (12') high.

(e) Outdoor Wood Furnaces may only be operated during October through March.

(Ord. 2176-08. Passed 2-23-09.)

1162.04 APPEALS.

Appeals from any actions, decisions, or rulings in the enforcement of this chapter or for a variance from the strict application of the specific requirements of this chapter may be made to the Board of Zoning Appeals pursuant to Chapter 1117 of the Village's Zoning Code.

(Ord. 2176-08. Passed 2-23-09.)

1162.05 VIOLATIONS AND PENALTIES.

Any person who shall violate any provision of this chapter shall be subject to the penalties set forth in Section 1113.99 of the Village's Zoning Code.

(Ord. 2176-08. Passed 2-23-09.)

1163.01 PURPOSE AND FINDINGS.

(a) Purpose. It is the purpose of this chapter to designate areas where Sexually Oriented Businesses may be located in order to promote the health, safety, morals, and general welfare of the citizens of the Village, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of Sexually Oriented Businesses within the Village. The provisions of this amendment do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this amendment to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this amendment to condone or legitimize the distribution of obscene material.

(b) Findings. There is substantial evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities.

(Ord. 2130-06. Passed 5-15-06.)

1163.02 DEFINITIONS.

(a) “Adult arcade” means any place to which the public is permitted or invited where either or both:

(1) Motion picture machines, projectors, video or laser disc players, or

(2) Other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time, and where the images shown and/or live entertainment presented are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(b) “Adult books”, “Adult novelty store” or “Adult video store” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas": or

(2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas.”

(c) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features any of the following:

(1) Persons who appear in a "state of nudity" or "state of semi-nudity";

(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(3) Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or

(4) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(d) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or other photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(e) “Adult theater” means a theater, concert hall, auditorium, or other commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

(f) “Covering” means any clothing or wearing apparel, including opaque pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.

(g) “Establishment”means and includes any of the following:

(1) The opening or commencement of any Sexually Oriented Business as a new business;

(2) The conversion of an existing business, whether or not a Sexually Oriented Business, to any Sexually Oriented Business;

(3) The addition(s) of any Sexually Oriented Business to any other existing Sexually Oriented Business; or

(4) The relocation of any Sexually Oriented Business.

(h) “Nude model studio” means any place where a person who appears seminude or who displays specified anatomical areas provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Nude Model Studio shall not include:

(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.

(2) A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3) An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi- nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.

(i) “Nudity” or a “State of nudity” or “Nude”means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic area with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering: exposing to view male genitals in a discernibly turgid state even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.

(j) “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.

(k) “Principal business purpose” means forty percent (40%) or more of the stock in trade of the business offered for sale or rental for consideration measured as a percentage of either the total linear feet of merchandise for sale or rental for consideration on display or the gross receipts of merchandise for sale or rental for consideration whichever is the greater.

(l) “Seminudity” or “seminude condition” or “Seminude” means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the male or female buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.

(m) “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

(1) Physical contact including wrestling or tumbling between persons of the opposite sex; or

(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.

(n) “Sexually Oriented Business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.

(o) “Specified anatomical areas” means:

(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

(p) “Specified sexual activities” means any of the following:

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

(2) Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

(3) Excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.

(q) “Substantial enlargement” of a Sexually Oriented business means the increase in floor area(s) occupied by the business by more than twenty-five percent (25%), of the floor area existing on the date this amendment takes effect.

(Ord. 2130-06. Passed 5-15-06.)

1163.03 CLASSIFICATIONS.

Sexually Oriented Businesses are classified as follows:

(a) Adult arcades;

(b) Adult bookstores, adult novelty stores, or adult video stores; adult cabarets;

(d) Adult theaters;

(e) Nude model studios; and

(f) Sexual encounter centers.

(Ord. 2130-06. Passed 5-15-06.)

1163.04 LOCATION.

(a) Sexually Oriented Businesses shall be classified as a conditional use and may be located only in accordance with the conditions contained below.

(b) Sexually Oriented Businesses may be located only in those areas that are zoned as an M-2 District.

(1) A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

(2) A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities. For purposes of determining the distance of 800 feet provided hereinabove, a school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

(3) A boundary of a residential district as defined in the Zoning Resolution;

(4) A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar publicly- owned land within the Village under the control, operation, or management of either the Village or some other public entity;

(5) A private entity the mission or purpose of which is dedicated towards children and families;

(6) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.

(d) No Sexually Oriented Business may be established within 800 feet of any permanent structure devoted to a residential use as defined in the Zoning Resolution.

(e) No Sexually Oriented Business may be established, operated or enlarged within 800 feet of another Sexually Oriented Business.

(f) Not more than one Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing a Sexually Oriented business may not be increased.

(g) For the purpose of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a Sexually Oriented Business is conducted, to the nearest portion of the building or structure of a use listed in this section.

(h) For purposes of this section, the distance between any two Sexually Oriented Businesses shall be measured in a straight line, without regard to the intervening structures or objects, from the portion of the building or structure in which each business is located.

(Ord. 2130-06. Passed 5-15-06.)

1163.05 REGULATIONS.

(a) Lot and associated area requirements for Sexually Oriented Businesses are those specified for the M-1, M-2, and M-3 Districts in Section 1139.02.

(b) Parking requirements for a Sexually Oriented Business are governed by the provisions contained in Chapter 1143.

(Ord. 2130-06. Passed 5-15-06.)

1163.06 SIGN REGULATIONS.

(a) All signs shall be "wall signs" as defined in Section 1169.03(b)(1), with a maximum allowable sign area of 35 feet and shall comply with the remaining standards specified in Chapter 1169.

(b) No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk or street in front of the building.

(Ord. 2130-06. Passed 5-15-06.)

1163.07 HOURS OF OPERATION.

As part of the conditional use review process, the Village of Burton will determine reasonable and appropriate hours of operation for any business falling under this chapter.

(Ord. 2130-06. Passed 5-15-06.)

1163.08 SEVERABILITY.

(a) If any section, subsection, or clause of this amendment shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.

(b) All amendments or parts of amendments in conflict with the provisions of this amendment are hereby repealed.

(Ord. 2130-06. Passed 5-15-06.)

1165.01 TRAILERS.

One trailer, coach or house trailer may be used as a temporary residence on a lot upon which a dwelling is being erected but such use shall not exceed one year. The parking of a trailer, other than a utility, construction or vacation trailer for more than twenty-four hours, but in no case to exceed thirty days in one calendar year, outside of an enclosed garage or another accessory building shall be permissible only after the Zoning Inspector has issued a zoning certificate, provided that in all cases no living quarters shall be maintained where such trailer is parked or stored.

(Ord. 1124-77. Passed 8-18-77.)

1165.02 MOTELS AND MOTOR HOTELS.

Motels or motor hotels shall comply with the sanitary regulations prescribed by the County health authorities, the regulations of the Building Code and as may otherwise be required by law and in addition shall comply with the following regulations:

(a) Any lot to be used for a motel shall not be less than one acre in area and shall contain not less than 2,000 square feet per sleeping unit. All buildings and structures shall be distant at least fifty feet from the rear lot line and at least twenty- five feet from the front and side lot lines. The buildings and structures on the lot shall not occupy in the aggregate more than twenty-five percent (25%) of the area of the lot.

(b) All areas not used for access, parking, circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

(Ord. 914. Passed 11-8-66.)

1166.01 BED AND BREAKFAST (HOMESTAY).

Operators of Bed and Breakfast (Homestay) businesses shall comply with the sanitary regulations prescribed by the County health authorities, the regulations of the applicable building code and as otherwise maybe required by law. In addition the following specific regulations shall apply

(a) The bed and breakfast (Homestay) is subordinate and incidental to the main residential use of the building.

(b) Individual guests are prohibited from staying at a particular bed and breakfast establishment for more than thirty (30) days consecutively.

(d) Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

(e) No exterior alterations other than an announcement sign and those required by law to ensure the safety of the structure shall be made. The announcement sign shall be no larger than three (3) square feet and may attached to the wall or hung parallel to and within the porch if any.

(f) The homestay operation shall not use more than fifty (50%) of the floor area of the principal residence. Common areas such as the kitchens are not included in this calculation.

(g) Parking shall be provided in accordance with section 1143.02 and shall include one space per guest room.
(Ord. 2307-16. Passed 10-24-16.)

1166.99 PENALTY.

Any violation of this chapter shall be subject to the penalty provision set forth in Section 1113.99.

(Ord. 2307-16. Passed 10-24-16.)

1169.01 STATEMENT OF PURPOSE.

The purpose of this chapter is to promote communication and the identification of homes and businesses through attractive and well-maintained signage. This chapter establishes reasonable guidelines for the number, dimensions, and locations of signs with the intent of preserving the character and quality of the districts of the Village of Burton.

(Ord. 2172-08. Passed 2-23-09.)

1169.02 PERMITS, FEES, INSPECTIONS.

(a) A sign permit issued by the Zoning Inspector shall be required prior to the erection, display, relocation, or alteration of any sign except as otherwise provided in this chapter. When any sign is erected, displayed, relocated, or altered prior to obtaining a permit, the required fees shall be doubled but the payment of such double fees shall not relieve any person from complying with other provisions of this code or from other penalties prescribed by law.

(b) No sign permit issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in action to abate an unlawful sign.

(c) Signs shall be inspected by the Zoning Inspector for compliance with all applicable codes. (Ord. 2172-08. Passed 2-23-09.)

1169.03 GENERAL REGULATIONS.

(a) Every sign shall be located on the same lot as the business or use to which such sign pertains, provided, however, that entrance and exit signs may be located off-site provided said signs are located on drives providing direct access to the lot and parking area of the business to which they pertain.

(b) No signs, except those erected and maintained by public agencies for purposes of traffic control, shall be erected in the public right-of-way, including on any tree lawn. No sign shall be constructed or located so as to conflict with traffic control signals.

(d) A sign affixed to a building shall not extend more than 18 inches beyond the vertical plane of the building wall. Roof mounted signs shall not extend above the building roof line.

(e) Illumination:

(1) Illumination used on, for, or in any sign shall not be so arranged or used in a manner causing annoying reflection or glare. No signs shall be illuminated by flashing or moving lighting; however, Electronic Message Centers shall not be considered as flashing or moving signs.

(2) No sign in a residential district shall be illuminated.

(3) Electronic Message Centers are not to be used as wall signs in any district.

(4) When Electronic Message Centers are utilized, each message or copy shall remain fixed for at least eight seconds and when a message changes it shall be accomplished in three seconds or less, without the use of distracting graphics. Any lighting used in an Electronic Message Center shall be of such low intensity or brilliance so as to not impair the vision of the driver of any motor vehicle or to interfere with the operation of a motor vehicle by any driver.

(Ord. 2172-08. Passed 2-23-09.)

1169.04 RESIDENTIAL DISTRICTS.

TYPE OF SIGN	MAX. AREA PER SIGN	MINIMUM SETBACK		MAXIMUM HEIGHT	OTHER COMMENTS
		FRONT	SIDE
(1) Sale, rent or lease	4 s.f.	10’	10’	6’	No permit required. ONE SIGN PER LOT
(2) Residence identification, single family and duplex	4 s.f.	10’	10’	6’	No permit required.
(3) Subdivisions and multi-family residence identification	20 s.f.	10’	10’	6’	Perpetual maintenance agreement may be required.
(4) Permitted non- residential uses in residential districts
A. Free-standing	20 s.f.	15’	10’	8’	Only one per institution. Planning Commission approval required.
B. Wall	20 s.f.	See General Regulations 1169.03(d)		6’	Shall be located on the front wall for purpose of identification, may not be used for advertisement of products.

(Ord. 2172-08. Passed 2-23-09.)

1169.05 COMMERCIAL, SPECIAL AND INDUSTRIAL DISTRICTS.

(a) GENERAL REGULATIONS: Total sign area for each lot shall not exceed two and one-half (2.5) square feet of signage per lineal foot of front wall. Total sign area shall be the total of the area of all signs located on the lot. Each lot shall be limited to one free-standing exclusive of entrance and exit signs.

TYPE SIGN	BUILDING FRONTAGE (feet)	MAX. AREA PER SIGN (Sq. ft.)	MINIMUM SETBACK		MAXIMUM HEIGHT	ADDITIONAL RESTRICTIONS
TYPE SIGN	BUILDING FRONTAGE (feet)	MAX. AREA PER SIGN (Sq. ft.)	FRONT	SIDE	MAXIMUM HEIGHT	ADDITIONAL RESTRICTIONS
(b) SIGN TYPES:
(1) Free-standing	Under 15	25	15’	5’	8’	Maximum area of a free-standing Electronic Message Center sign is 20 s.f.
	15-19	30
	20-24	35
	25-29	40
	30-34	45
	35-39	50
	40-49	55
	50-59	60
	60-69	65
	70 and over	75
(2) Wall	Under 15	25	N/A	N/A	N/A	Shall be displayed on the front wall enclosing the business or use to which such sign pertains. See Section 1169.07 for design requirements for multi-tenant commercial buildings.
	15-19	30
	20-24	35
	25-29	40
	30-34	45
	35-39	50
	40-49	55
	50-59	60
	60-69	65
	70 and over	75
(3) Sidewall	N/A	30	N/A	0	20’	No more than two (2) side wall signs may be displayed per lot, facing in opposite directions, and mounted on side walls (side walls being walls most nearly perpendicular to the street on which the structure has frontage), provided that the owner of such signs shall waive the right to erect or maintain any free-standing sign during such time as the sidewall sign shall exist.
(4) Permanent window signs	N/A	40% of window pane area	N/A	N/A	N/A	The use of exposed inert gas lighting shall be considered a permanent window sign. Exposed inert gas lighting in a permanent window sign, or permanent window signs in conjunction with temporary window signs, may not occupy more than 40% of the window pane area. Window trim with said lighting shall be considered as occupying 100% of window pane area. Refer to Section 1169.08(e) on the use of temporary window signs.

(Ord. 2172-08. Passed 2-23-09.)

1169.06 MISCELLANEOUS SIGNS.

(a) Entrance and Exit Signs. All parking lots may have entrance and exit signs. Such signs shall be limited to the words "entrance, in, exit, out shipping, receiving and parking" or other similar directional words specifically permitted by the Zoning Inspector and may also have arrows or other appropriate directional indicators. Corporate names, logos, or other non-directional identification may occupy a maximum area equal to twenty-five percent (25%) of the sign face. Such signs shall neither exceed five square feet (5 sq. ft.) in area nor forty-two inches (42") in height, nor be located closer than three feet (3') to any property line or right-of-way.

(b) Changing Signs. Automatic signs (with messages changed by electrical or electronic alteration of light patterns) including Electronic Message Centers and manual changeable copy signs (with messages changed by placement and removal of letters and numbers) may be erected in commercial districts only and the messages shall be limited to the products and/or services offered for sale at the business premises. Chalkboards shall not be permitted. Property owners erecting Electronic Message Centers and automatic changing signs waive the right to erect any temporary signs on their property. Electronic Message Centers are prohibited from lots and parcels within or contiguous to the Historic District.

(c) Service Station Signs. Service stations may be permitted up to eighteen (18) additional square feet on a freestanding sign solely for the purpose of identifying fuel prices.

(d) Industrial Park Signs. Industrial subdivisions containing five (5) or more lots shall be permitted one free-standing sign identifying the Industrial Park. Such signs shall be located at the main entrance of the subdivision to which they refer and shall meet the area, height and set back requirements for free-standing signs as set forth in Section 1169.05(l).

(e) Multi-Tenant Industrial Buildings. Tenants of multi-tenant industrial buildings who occupy units that do not have an entrance on tile front wall of the building shall be permitted a wall identification sign at the entrance to their unit not to exceed 20 square feet in area. Such signs shall conform to the requirements of wall signs set forth in Section 1169.05(2) and shall comply with the requirements for total signage per lot as set forth in Section 1169.05.

(f) Multi-tenant commercial buildings that have main unit entrances located on a wall other than the front wall shall be permitted wall identification signs at the entrance to such units. Signage shall only be permitted on the unit which the sign advertises. No signage shall be permitted on walls that do not have main unit entrances unless they comply with the provision of subsection 1169.05(3) for sidewall signs. The sign area permitted for individual unit wall signs for multi-tenant commercial buildings is calculated based on the unit front wall width.

(g) When signage is incorporated into illuminated awnings and canopies, the entire canopy, length and height shall be considered a sign, not just the lettering or diagrams.

(Ord. 2172-08. Passed 2-23-09.)

1169.07 SIGN DESIGN REQUIREMENTS.

(a) Single Tenant Commercial Buildings. Freestanding signs shall be designed to be a compatible material, design and color with the building it is advertising. Notwithstanding the foregoing, the Planning Commission shall not be required to approve any such sign in the Historic District which already requires review and approval from the Historic District Architectural Review Board.

(b) Multi-Tenant Commercial Buildings.

(1) Wall signs on commercial buildings with two or more stories, or a parcel or development with two or more buildings associated with it shall be substantially similar in design and color. Notwithstanding the foregoing, the Planning Commission shall not be required to approve any such sign in the Historic District which already requires review and approval from the Historic District Architectural Review Board.

(2) Freestanding signs shall be designed to be a compatible material, design and color with the shopping center or multi-tenant building it advertises. Notwithstanding the foregoing, the Planning Commission shall not be required to approve any such sign in the Historic District which already requires review and approval from the Historic District Architectural Review Board. (Ord. 2195-10. Passed 4-12-10.)

1169.08 TEMPORARY SIGNS.

GENERAL. Temporary signs not in conflict with the purpose or regulations of this chapter may be displayed after obtaining a sign permit, unless the specific subsection provides no permit is required.

(a) Special Event Signs. A business may use temporary banners, signs, or posters constructed of paper, fabric, plastic, nylon or similar flexible material advertising special events or sales which may be displayed for not more than four two-week periods per year. Such signs shall conform to all requirements for total site signage set forth in Section 1169.05(A), such signs shall not exceed 40 square feet in area, shall not be illuminated, and shall be set back a minimum of one (1) yard from the edge of the sidewalk. For properties without a sidewalk, such sign shall be place a minimum of fifteen (15') feet from the edge of the road. (Ord. 2172-08. Passed 2-23-09.)

(b) Construction Signs.

(1) Commercial and industrial districts: Temporary signs identifying future occupants, architects, engineers, developers, or contractors engaged in construction of any subdivision or individual site may be displayed in the industrial and commercial districts after Planning Commission approval and during the period of construction. Such signs shall conform to the setback and height requirements for free-standing signs as set forth in Section 1169.05. Said signs shall not exceed 32 square feet in area and shall not be illuminated.

(2) Residential districts: Temporary signs identifying architects, engineers, developers or contractors engaged in construction may be displayed in a residential district during the period of construction, but not to exceed one (1) year. Such signs shall only be permitted on lots for which a building permit has been issued and shall conform to the setback and height requirements set forth in Section 1169.04. Said signs shall not exceed 20 square feet in area, and shall not be illuminated.

(Ord. 2233-11. Passed 12-12-11.)

(c) Residential Subdivision Development Signs. Temporary signs identifying and advertising residential subdivision developments may be displayed as permitted by the Planning Commission, except that such signs shall not exceed 36 square feet in area. Such signs may be displayed for a period of one year or to the end of development, whichever comes first unless otherwise extended by the Planning Commission for good cause shown. Such signs shall be located at least 15 feet from any street right-of-way and 5 feet from any property boundary line.

(d) Window Signs. Temporary window signs may be displayed in commercial districts provided that total window signage does not exceed 40% of the window pane area as set forth in Section 1169.05(b)(4).

(e) Political Signs. A political sign shall be any sign concerning any candidate, political party, issue, levy referendum, or other matter whatsoever eligible to be voted upon in any general, primary, or special election; or any sign advocating any type of political action. Political signs shall be non-illuminated, a maximum area of eight (8) square feet per face, a maximum height of three (3) feet, and a minimum setback of twenty (20) feet from the edge of the paved portion of the roadway. No political sign shall be posted on trees or utility poles. There shall be a limit of one (1) political sign per candidate or issue per lot and no permit shall be required for such signs.

(f) Public/Religious Signs. Public/religious institution signs shall be non-illuminated, maximum area of twenty (20) square feet per face, a maximum height of six (6) feet, a minimum setback of one (1) yard from the edge of the sidewalk and ten (10) feet from the side yard. For properties without a sidewalk, such signs shall be placed a minimum of fifteen (15') feet from the edge of the road. There shall be a limit of one (1) public/religious institution sign per institution, which may be displayed for a maximum period of twenty-one (21) days. No such signs shall be erected until an application is filed. Such signs shall be removed within five (5) days after the event. If not removed, the Zoning Inspector shall cause the same to be removed. Signs erected for 24 hours or less require no permit, however, shall observe the sitting requirements of this section.

Banners for events which are open to the public and conducted by a not-for- profit organization shall not exceed 50 sq. ft. and may be displayed on private property with the owner's permission. Permit and length of display shall be treated the same as Signs under this section.

(g) Employment, for Sale, for Rent or for Lease Signs. Temporary signs may be displayed for the purposes of advertising the hiring of employees and/or for the sale, rent or lease of buildings, tenant space, and property in the commercial and industrial districts. Freestanding signs shall be limited to 20 sq. ft. in area, a maximum height of six feet, shall be set back a minimum of one (1) yard from the edge of the sidewalk and shall not be illuminated. For properties without a sidewalk, such signs shall be placed fifteen (15') feet from the edge of the road. Only one temporary freestanding sign is permitted per lot. Temporary front wall signs shall not exceed 20 sq. ft. The use of banners or posters constructed of paper, fabric, plastic, nylon or similar flexible fabric shall not be permitted as wall or freestanding signs. Such signs shall be removed within two (2) weeks after the purpose of the sign is fulfilled. No permit is required.

(h) Garage Sales/Yard Sales. The owner of residential property may use temporary banners, signs, or posters constructed of paper, fabric, plastic, nylon or similar flexible material advertising a garage sale, yard sale, barn sale, or the like for a maximum of four days at a time up to four times per calendar year. Such signs shall only be placed on the property where the sale is taking place or on other property where permission has been granted by the owner of such property. No such signs shall be placed in a tree lawn, public right of way, or on any area of public property without first receiving the permission of the Village.

(Ord. 2172-08. Passed 2-23-09.)

1169.09 NONCONFORMING SIGNS.

Signs for which a permit was issued by the Village made non-conforming by the adoption of the Code shall not be enlarged, structurally altered or reconstructed unless designed and arranged in compliance with this Code. Such signs shall further be subject to all regulations for non-conforming structures established by Chapter 1131.05. Normal maintenance such as painting, cleaning or minor repair is permitted.

(Ord. 2172-08. Passed 2-23-09.)

1169.10 SIGNS AFFECTED BY CHANGES IN GRADE.

(a) Where governmental action causes alteration of an existing road grade and as a consequence thereof, diminishes the visibility from said roadway of identification or advertising signs of abutting commercial or industrial uses, the Board of Building and Zoning Appeals may authorize replacement of said signs to be at variance with the existing standards as set forth in this Chapter.

(b) In considering requests hereunder, the Board of Building and Zoning Appeals shall consider the impact on adjoining properties and the safety of users of adjoining roadways. The Board of Building and Zoning Appeals may establish such conditions and standards for approval as it deems necessary or appropriate to preserve the intent of this Chapter.

(Ord. 2172-08. Passed 2-23-09.)

1169.99 PENALTY.

(a) In the event of a violation of this Chapter, the Zoning Inspector or other Village official will provide the property owner with written notice of the violation along with the ability to cure the violation within a reasonable period of time as determined by the Village under the circumstances. In the event the violation is not cured then the Village will enforce a penalty pursuant to subsections (b) and (c) hereof.

(b) Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than fifty dollars ($50.00).

(c) Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. 2172-08. Passed 2-23-09.)

1171.01 PURPOSE.

The purpose of this chapter is to provide standards for the keeping of domesticated poultry in areas not zoned for agricultural use. It is intended to enable residents to keep a small number of female poultry animals on a noncommercial basis while creating standards and requirements that ensure that domesticated poultry do not adversely impact the neighborhood surrounding the property on which the poultry is kept.

(Ord. 2224-11. Passed 7-11-11.)

1171.02 PERMIT REQUIRED.

(a) A permit is required for the keeping of any domesticated poultry. The permit is personal to the permittee and may not be assigned. The fee for a permit to keep poultry is ten dollars ($10.00).

(b) An applicant for a permit to keep poultry must demonstrate compliance with the criteria and standards in this chapter in order to obtain a permit.

(c) The application for a permit shall be submitted to the Village Zoning Inspector and the Village Administrative Assistant.

(Ord. 2224-11. Passed 7-11-11.)

1171.03 LOCATION, NUMBER AND TYPE OF POULTRY ALLOWED.

(a) For purposes of this section, poultry shall only be permitted on single family residential lots. Poultry is not permitted on lots used for multi-family housing or commercial purposes.

(b) The maximum number of poultry animals allowed is six (6) per lot.

(d) For the purposes of this chapter Poultry is defined as domesticated chickens of any species and domesticated ducks.

(Ord. 2224-11. Passed 7-11-11.)

1171.04 NON-COMMERCIAL USE ONLY.

Poultry shall be kept for personal use only; no person shall sell eggs or engage in poultry breeding or fertilizer production for commercial purposes.

(Ord. 2224-11. Passed 7-11-11.)

1171.05 ENCLOSURES.

(a) Poultry must be kept in an enclosure, or fenced area (chicken pen) at all times during daylight hours. Enclosures must be clean, dry, and odor-free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact. The chicken pen must provide adequate sun and shade and must be impermeable to rodents, wild birds, and predators, including dogs and cats. It shall be constructed with sturdy wire fencing buried at least 12" in the ground or securely wrapped on all sides and the bottom. The pen must be covered with wire, aviary netting, or solid roofing.

(b) Poultry shall be secured within a henhouse during non-daylight hours. The structure shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird-proof wire of less than one (1) inch openings. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse must be well-maintained.

(c) Henhouses, enclosures, and fenced areas for poultry shall be kept at least twenty feet (20') from all property lines and at least fifty feet (50') from any neighboring house or commercial building.

(d) Henhouses, enclosures and fenced areas for poultry shall only be located in rear yards. (Ord. 2224-11. Passed 7-11-11.)

1171.06 ODOR AND NOISE IMPACTS.

(a) Odors from poultry, manure, or other poultry-related substances shall not be perceptible at the property boundaries.

(b) Perceptible noise from poultry shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity.

(Ord, 2224-11. Passed 7-11-11.)

1171.07 LIGHTING.

Only motion-activated lighting may be used to light the exterior of the henhouse.

(Ord. 2224-11. Passed 7-11-11.)

1171.08 FEED AND WATER.

Poultry must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators.

(Ord. 2224-11. Passed 7-11-11.)

1171.09 WASTE STORAGE AND REMOVAL.

Provision must be made for the storage and removal of manure. All stored manure shall be covered by a fully enclosed container or compost bin. No more than one, twenty (20) gallon container of manure shall be stored on any one property housing poultry. All other manure shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.

(Ord. 2224-11. Passed 7-11-11.)

1171.10 VIOLATION.

Each violation of this chapter shall be subject to a twenty-five dollar ($25.00) fine; each day a violation continues shall constitute a separate offense.

(Ord. 2224-11. Passed 7-11-11.)

1171.11 ENFORCEMENT.

(a) Any violation of this chapter may be enforceable by injunction or other action available by law.

(b) Any violation of this ordinance shall be grounds for an order from the Village to remove the poultry and the poultry-related structures. Village of Burton Police Department, or the Village of Burton Zoning Inspector may order the removal of the poultry upon a determination that the poultry pose a health risk. If any poultry animal dies, it must be disposed of promptly in a sanitary manner.

(Ord. 2224-11. Passed 7-11-11.)

1171.12 SEPARABILITY.

In the event that any section, subsection or portion of this chapter shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this chapter.

(Ord. 2224-11. Passed 7-11-11.)

1173.01 PRELIMINARY PLAN.

The owner of a tract of land located in a "R-1" or "R-2" district who proposes to develop such property for more than one single-family or more than one two family dwelling, and whose proposed development would not otherwise require compliance with the Village Subdivision Regulations, shall submit to the Planning Commission for its review, a preliminary plan for the use and development of such land. Any such proposal for more than one single-family dwelling shall be designated a "community development project".

(Ord. 1508-88. Passed 5-16-88.)

1173.02 REVIEW OF PLAN.

In accepting such a plan for review, the Planning Commission must be satisfied that the proponents of the development project are financially able to carry out the project; that they intend to start construction within one year of the approval of the project or of the effective date of any necessary change in zoning, whichever is later; and intend to complete the development within a specified time acceptable to the Commission. The Commission may require a financial statement or such other evidence as may be necessary to ascertain the financial standing of the proponents and may require signed statements indicating the proponents will comply with all the requirements of this section.

(Ord. 914. Passed 11-8-66.)

1173.03 DUTIES OF PLANNING COMMISSION.

It shall be the duty of the Planning Commission to investigate and ascertain whether the location, size and other characteristics of the site in the proposed plan comply with the following conditions:

(a) That the proposed project is consonant with the comprehensive plan of the Village;

(b) That it will not adversely affect neighboring property;

(d) That the project is at a location where traffic congestion does not exist at present on the streets to be utilized in conjunction therewith, and where such congestion will not likely be created as a result of the project;

(e) That the plan of the project provides for integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer as well as from the stand point of the adjoining or surrounding existing or potential developments.

(Ord. 914. Passed 11-8-66.)

1173.04 REQUIREMENTS AND STANDARDS.

The Planning Commission shall take into account that it is increasingly difficult to forecast the various conditions and factors that may be encountered in sizable developments, and that certain latitude, flexibility and freedom in the execution of the design and layout of the project should be suggested or otherwise permitted by the Commission so as to encourage the developer to adjust the streets to irregular topography; to take advantage of topography in order to utilize the natural surface drainage; to economize in the construction of sewers and storm drainage facilities; to reduce the amount of grading and thus minimize destruction of trees and topsoil; to adjust the layout to geographical and cultural limitations; such as property ownership lines; and among other things to create architectural variation in the development as well as attractive and usable buildings and building sites. In doing so, the Commission shall be further guided by the following requirements and standards:

(a) Permitted uses shall be only those as specified in the "R" District in which located;

(b) Building height requirement shall be the same as in the "R" District involved;

(c) The average of the lot areas per family or dwelling unit shall not be reduced more than ten percent (10%) of the specified area requirements or standards for the district in which located. The front yard, the frontage, the width, depth, side or rear yard shall not be reduced by more than twenty percent (20%) of the specified minimum for the district in which located when necessitated by topographical or geographical considerations or due to the layout, location and specifications for connection to public sanitary sewers and/or water systems within the Village. In no case shall the overall density exceed the amount permitted for the district in which the property is located;

(d) Service drives and other service facilities shall be located entirely within the project site;

(e) The plans shall provide for such suitable street improvement or widening as may be necessary to facilitate the circulation of vehicular traffic; installation of adequate storm drainage; the appropriate extension of public utilities, including sanitary sewers, storm drainage, and water mains along street frontage; and suitable screen planting and landscaping;

(f) The developer shall provide a minimum of one acre, exclusive of rights of way, of land which shall be held contiguously and of such condition and shape as to be usable for recreation, whether active or passive, for each ten acres or fraction thereof devoted to the development. In addition, the developer shall provide additional land for recreational use equal to the same percentage of total acreage as that percentage exceeds ten percent (10%) variance for reduction of the frontage requirements that would otherwise be required for the district in which the property is located. Such land shall be in addition to that contained in lots or within the road rights of way, and such open space devoted to recreational use shall not include any land within a right of way and such land shall be held and conveyed to a homeowner's association incorporated under the laws of the State for the benefit of the owners of building sites which are within the development and the developer shall incorporate into the protective covenants and/or deed restrictions a clause requiring each owner of a building site to be a member of the homeowner's association and further providing in the protective covenants and/or deed restrictions that the association shall hold title to such open space which shall be used for recreation purposes only whether passive or active. No structures other than those incidental to the recreational use of the open space shall be permitted on the open space. The developer shall further provide in the deed restrictions and/or protective covenants that each owner of a building site as a member of the homeowner's association shall be required to maintain and preserve land set aside as open space for recreational purposes, and provide for enforcement by the Village, developer or homeowners. In the event such open space exceeds three acres in contiguous area, at the option of the Village, the developer may set aside at no cost to the Village such open space if accepted by the Village;

(g) In order for the Commission to better determine that the development meets all requirements, the developer shall furnish an overall plan of the entire tract showing topography, roads, lot lines, lot areas, easements, encumbrances and other relevant data submitted in accordance with the Subdivision Regulations to the Planning Commission with the addition of the location of individual houses, structures, areas of shrubs and/or trees of one foot diameter or more, existing contours, the location of all water courses and existing or proposed drainage ways or easements and proposed grading;

(h) Upon determination by the Commission that the proposed development project as shown by the preliminary plan thereof conforms to the requirements of all applicable provisions of this chapter, the proponent shall prepare and submit a final development plan. Such plan shall incorporate any changes or modifications required by the Commission, and shall present all protective covenants and/or deed restrictions showing ownership of the open space and an incorporated homeowner's association with the obligation of the association to maintain and preserve the open space to be set aside for recreational purposes and such language will be subject to approval of the Commission;

(i) The Commission shall hold a public hearing following the procedure for notice of such hearing and following the procedure at the hearing as is required of the Zoning Board of Appeals in Section 1117.03.

(Ord. 1247-82. Passed 1-6-82.)

1177.01 TEMPORARY BUILDINGS.

Temporary buildings used in conjunction with construction work only may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(Ord. 914. Passed 11-8-66.)

1177.02 HOSPITALS; SANITARIUMS; NURSING HOMES.

Hospitals, sanitariums, rest homes or nursing homes for other than insane or mental cases, may be permitted as conditional uses in residential districts provided that any such use shall have a lot area of at least five acres and a minimum frontage of 500 feet with access to at least one major or collector thoroughfare. Any such use caring for contagious diseases shall have at least one acre in lot area per bed in addition to the other requirements set forth herein. (Ord. 914. Passed 11-8-66.)

1177.03 PRIVATE GARAGES.

Private garages designed or used for the storage of motor vehicles owned and/or used by the occupants of a residence in any "R" District shall be accessory to and located on the same lot as the residence. Not more than one of the vehicles may be a commercial vehicle of not more than two ton capacity.

(Ord. 914. Passed 11-8-66.)

1181.01 CONFORMANCE REQUIRED.

On interior landlocked properties which have all or the major portion of buildable land area lying behind existing developed property, no use, building or structure shall be permitted which does not conform to the district regulations in which the premises are located.

(Ord. 914. Passed 11-8-66.)

1181.02 DESIGN.

Such development as may be permitted shall be designed in such a manner as to allow a future sale of individual structures and the land on which such structures are built to be sold only in conformance with the lot use regulations of the district; or deed restrictions shall be such that the entire property shall always remain under a single ownership.

(Ord. 914. Passed 11-8-66.)

1181.03 RIGHT OF WAY; IMPROVEMENTS.

No interior landlocked property may be built upon, except where an access drive entering the property from a public street has at least seventy-five percent (75%) of the required right-of- way width and meets the minimum pavement width requirement and is improved with the required surface and underground improvements as set forth in the Village Subdivision Regulations.

(Ord. 914. Passed 11-8-66.)

1185.01 REVIEW OF PLANS REQUIRED.

(a) Whenever the owner (or other qualified applicant) proposes to develop a lot(s) in an R-3 or R-4 zoning district for any of the uses described below, and such proposed development would not otherwise be subject to compliance with the Village’s Subdivision Rules and Regulations, such applicant shall first submit to the Planning Commission for its review and approval plans for the use and development of such lot(s). Such plans shall be in conformity with the requirements of Section 1185.04.

(b) The uses requiring such Planning Commission approval prior to a zoning permit being issued are as follows:

(1) More than one single family dwelling, on an individual lot, whether designed for Condominium use or not.

(2) More than one two-family dwelling, on a single lot, whether designed for Condominium use or not.

(3) Any multi-family dwelling(s), on a single lot, whether designed for Condominium use or not. (R-3 District only.)

(c) Development of either an individual single-family dwelling on a single lot, or an individual two-family dwelling on a single lot, in an R-3 or R-4 District shall not come within the purview of this chapter.

(Ord. 1856-95. Passed 11-20-95.)

1185.02 FINANCIAL DATA; TIME LIMITATIONS.

In accepting such a plan for review, the Planning Commission must be satisfied that the proponents of the development project are financially able to carry out the project; that they intend to start construction within one year of the approval of the project or of the effective date of any necessary change or variance in zoning whichever is later; and intend to complete the development within a specified time acceptable to the Commission. The Commission may require a financial statement or such other evidence as may be necessary to ascertain the financial standing of proponents and may require signed statements indicating the proponents will comply with all the requirements of the Zoning Ordinance.

(Ord. 1307-84. Passed 2-20-84.)

1185.03 INVESTIGATIONS BY PLANNING COMMISSION.

The Planning Commission shall investigate and ascertain that the plans for the development comply with the following conditions. These conditions must be complied with by the applicant in order to receive a zoning permit to develop the property for any of the uses described in Section 1185.01(b)(1), (2) and (3).

(a) Permitted uses shall be only those uses as specified in the “R” District in which the proposed use is located.

(b) That it will not unreasonably adversely affect neighboring property.

(c) That the plan of the project provides for integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer as well as from the standpoint of the adjoining or surrounding existing or potential developments.

(d) That the proposed use may be accommodated by the Village’s water and sewer utilities.

(Ord. 1856-95. Passed 11-20-95.)

1185.04 REQUIREMENTS AND STANDARDS.

In addition to the standards set forth in Section 1185.03, the Planning Commission shall review and approve plans for the uses described in paragraphs (a), (b) and (c) of Section 1185.01 in accordance with the following standards, guidelines, procedures and related forms.

(Ord. 1856-95. Passed 11-20-95.)

(a) The owner of the proposed development shall submit a preliminary plat, which preliminary plat shall comply in all respects with the requirements of Section 3.04 and related Form S-2 of the Village Subdivision Regulations.

(b) The owner of the development shall submit an improvement plan in full conformity with the requirements of Section 3.05 of the Subdivision Regulations and related Form S-3 therein.

(c) The owner of the proposed development shall submit a final plat conforming with all the requirements of Section 3.06 of the Subdivision Regulations and related Form S-4 of the Subdivision Regulations, with the single exception being the elimination of any and all provisions of Section 3.06 permitting a final plat to be filed without first complying with preliminary plat procedure, which requirements are set out in Section 3.06 and related Form S-4(A). It is the specific intent herein that the owner of the proposed development shall not have the option of eliminating the required preliminary plat stage in processing his final plat and therefore any and all references to this procedure and to related Form S-4(A) are not available to the owner.

(d) The owner of the proposed development shall comply with the dedication standards of Section 3.07 of the Subdivision Regulations and related Form S-5.

(e) The owner of the proposed development shall comply with or be subject to, the following additional provisions of the Subdivision Regulations and any related provisions referred to therein: Section 3.08(b) through (g) requiring guarantees, deposits, insurance, performance and maintenance bonds, etc.; Section 3.12 relating to variances and variance procedure; Section 3.15 relating to penalties; Section 4.02(a) through (f) dealing with natural features; Section 4.03(a) through (h) covering streets and other matters; Section 4.04 dealing with blocks and their arrangement, size and location; Section 4.06 relating to open space; Section 4.07 relating to easements; Section 5.01 and 5.02 dealing with required improvements and standards together with all related appendix matters and forms referenced by any Section herein to specifically include Forms S-6 and

S-7. (Ord. 1307-84. Passed 2-20-84.)

1185.05 DEED RESTRICTIONS.

Whenever in the opinion of the Planning Commission deed restrictions are necessary for appropriate development of the property, any development set forth in paragraphs (a), (b) or (c) of Section 1185.01 may be subject to deed restrictions which, in the opinion of the Solicitor, require the entire project to be devoted to the development for density purposes and which shall prohibit resale of any common or open area. Such restrictions are not intended to deny the right of the proponent of the development to sell the entire project or to place the property in condominium ownership; it shall, however, be the intention of this Section to deny future use of any portion of the project for other uses or projects not directly related to the project which proponent seeks approval for and is the subject of the plans submitted for approval to the Planning Commission.

(Ord. 1856-95. Passed 11-20-95.)

1185.06 CONDOMINIUM DECLARATIONS AND BYLAWS.

Whenever the proposed project for review under this chapter involves a condominium project, then the applicant shall also be required to attach to the plans submitted for approval, condominium declarations and bylaws which shall be so written and designed as to insure compliance with all Village ordinances, rules and regulations, and to insure for future maintenance and preservation of all improvements, drives, walks, utilities, common areas and open spaces. The Planning Commission shall have jurisdiction to approve said declarations and bylaws prior to issuance of a zoning permit.

(Ord. 1856-95. Passed 11-20-95.)

1189.01 REVIEW OF PLANS REQUIRED.

The owner of a tract of land in an "M-3" District shall submit to the Planning Commission for its review and approval plans for the use and development of Industrial Park facilities prior to the actual development of land for such use. No such development of any land in an "M-3" District shall commence until the Commission shall review and approve the plans for such usage in accordance with the provisions of the Zoning Ordinance and the Subdivision Regulations.

(Ord. 1307-84. Passed 2-20-84.)

1189.02 FINANCIAL DATA; TIME LIMITATIONS.

In accepting such a plan for review, the Planning Commission must be satisfied that the proponents of the development project are financially able to carry out the project; that they intend to start construction within one year of the approval of the project or the effective date of any necessary change or variance in zoning, whichever is later; and intend to complete the development within a specified time acceptable to the Commission. The Commission may require a financial statement or such other evidence as may be necessary to ascertain the financial standing of proponents and the required signed statements indicating the proponents will comply with all the requirements of the Zoning Ordinance.

(Ord. 1307-84. Passed 2-20-84.)

1189.03 PURPOSE.

The purpose of the "M-3" Industrial Park District is to provide a protective zone for a park-like development of industry that is based on the performance of an industry as well as on the type of industry. In order to secure this type of development, the various regulations herein described in this chapter must be met. These regulations are established in order to provide a long term beneficial operating environment for industry; for the protection of industry from the encroachment of commercial and residential uses adverse to the operation and expansion of such industry; to protect industries within the district from the adverse effect of other incompatible industries; and, at the same time, to reduce to a minimum the impact of industries on surrounding nonindustrial land uses; to lessen traffic congestion; to protect the health and safety of the residents or workers in the area; to prevent detrimental effects to the use or development of adjacent properties or the general neighborhood; and to promote the health, safety, morals, comfort and welfare of the present and future inhabitants of the Village.

(Ord. 1307-84. Passed 2-20-84.)

1189.04 COMPLIANCE REQUIRED; VIOLATIONS.

Continued compliance with standards established in this chapter is required and enforcement of continued compliance of these performance standards shall be enforced by the Zoning Inspector and/or Planning Commission. Any violation of these standards, either before or after development commences shall be terminated immediately upon notice from the Zoning Inspector and/or Planning Commission and any violation shall be cause for denial of a zoning permit, building permit, or any equitable relief that the Village may seek and may also be subject to fines as more fully set forth in the Zoning Ordinance.

(Ord. 1307-84. Passed 2-20-84.)

1189.05 INVESTIGATIONS BY PLANNING COMMISSION.

The Planning Commission shall investigate and ascertain if the plans for the development comply with the following conditions. Such conditions must be complied with by the applicant in order to receive a zoning permit to develop their property for an Industrial Park District or to construct any facility or structure within the "M-3" Industrial Park District:

(a) That the proposed project is consonant with the Comprehensive Plan of the Village;

(b) That it will not adversely affect neighboring property;

(Ord. 1307-84. Passed 2-20-84.)

1189.06 REQUIREMENTS AND STANDARDS.

The Planning Commission shall review and approve plans for the development of an Industrial Park District or uses or structures within an Industrial Park District if the plans for the development are processed in accordance with the standards and procedures set forth in this chapter and additionally processed in full conformity with the requirements, standards and guidelines set forth in the following sections and related forms of the Subdivision Regulations of the Village:

(a) The owner of the proposed development shall submit a preliminary plat, which preliminary plat shall comply in all respects with the requirements of Sections 3.04 and related Form S-2 of the Subdivision Regulations.

(b) The owner of the development shall submit an improvement plan in full conformity with the requirements of Section 3.05 of the Subdivision Regulations and related Form S-3 therein.

(d) The owner of the proposed development shall comply with the dedication standards of Section 3.07 of the Subdivision Regulations and related Form S-5.

(e) The owner of the proposed development shall comply with or be subject to, the following additional provisions of the Subdivision Regulations and any related provisions referred to therein: Section 3.08(b) through (g) requiring guarantees, deposits, insurance, performance and maintenance bonds, etc.; Section 3.12 relating to variances and variance procedure; Section 3.15 relating to penalties; Section 4.02(a) through (f) dealing with natural features; Section 4.03(a) through (h) covering streets and other matters; Section 4.04 dealing with blocks and their arrangement, size and location; Section 4.07 relating to easements; Section 5.01 and 5.02 dealing with required improvements and standards together with all related appendix matters and forms referenced by any Section herein to specifically include Forms S-6 and S-7.

(f) Open space shall be provided in which there shall be room for either active or passive recreation and/or park-like settings in a contiguous area consisting of at least 20,000 square feet for each five acres set aside for development in a "M-3" District.

(g) No land or building in an "M-3" District which shall be used or occupied for any permitted use shall be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazards; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other substance, condition or element in such amount as to adversely affect the surrounding area premises, referred to herein as "dangerous or objectionable element"; provided that any use permitted by the Zoning Ordinance may be undertaken and maintained in the "M-3" District if it conforms to the regulations of this chapter and this subsection limiting dangerous and objectionable elements at the specified point or points as a determination of their existence.

The determination of the existence of any dangerous and objectionable elements shall be made at:

(1) The point or points where such elements shall be most apparent for fire and explosion hazards, for radioactivity and electrical disturbances, for smoke and other forms of air pollution.

(2) The property lines of the use creating such elements for noise, vibration, glare or odors.

(h) All activities involving, and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. The burning of waste materials in open fires is prohibited. The relevant provisions of State and local laws and regulations shall also apply.

(i) No activity shall be permitted which emits dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. All applicable federal regulations shall be complied with.

(j) At the points of measurement specified in subsection (g) hereof, the maximum sound pressure level radiated in each standard octave band by any use or facility, other than temporary construction work, shall not exceed the value of the octave band lying within the several frequency limits given in Table 1 after applying the corrections shown in Table 2. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming with standards prescribed by the American Standards Association, Inc., New York, New York (American Standards Sound Level Meters for the measurements of noise and other sounds, 224.3-1944, American Standards Association, Inc., New York, New York and American Standards Specification for an Octave Band Filter, set for Analysis of Noise and other Sounds, 224.10 1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.)

TABLE 1

Frequency Ranges Containing Standard Octave Bands and Cycles Per Second	Octave Band Sound Pressure Levels in Decibels re 0.0002 dyne/cm
20 - 75	65
75 - 150	55
150 - 300	50
300 - 600	45
600 - 1200	40
1200 - 2400	40
above 2400	35

If the noise is not smooth and continuous and is not radiated between the hours 10:00 p.m. and 7:00 a.m. one or more of the corrections in Table 2 shall be applied to the octave band levels given in Table 1.

TABLE 2

Type of Location of Operation or Character of Noise	Correction in Decibels
Daytime operation only	5
Noise source operates less than (apply one of these corrections only):
20% of any one hour	5
5% of any one hour	10
Noise of impulsive character (hammering, etc.)	-5
Noise of periodic character (hum, screech, etc.)	-5
Property is located in "M-3" District and is not within 200 feet of any "R" District	10

(k) No vibration shall be permitted which is detectable without instruments at the points of measurements specified in subsection (g) hereof.

(l) No direct or sky reflected glare, shall be permitted, whether from floodlights or from-high temperature processes such as combustion or welding or otherwise, so as to be visible to points of measurement specified in subsection (g) hereof. This restriction shall not apply to signs otherwise permitted by provisions of the Zoning Ordinance.

(m) No omission shall be permitted from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than number 2 on the Powers Miscro Ringelmann Chart, published by McGraw-Hill Publishing Co. ,Inc. and copyright, 1954 (being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines) except that visible

gray smoke of a shade equal to Number 3 on the Chart may be emitted for four minutes in any thirty minutes.

(n) No omission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable to property line of the particular business establishment or if there is one business use within the Industrial Park at the property line of the Industrial Park, in which they are omitted, without instruments.

(o) No omission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animal, vegetation or other forms of property or which can cause any excessive soiling. (Ord. 1307-84. Passed 2-20-84.)

1189.07 DEED RESTRICTIONS.

Deed declarations and restrictions, required to be attached to the plans submitted by the proponent, shall be so written and designed as to insure compliance with all Village ordinances, rules and regulations, and to insure for the future maintenance and preservation of all improvements, drives, walks, utilities, common areas and open spaces.

(Ord. 1307-84. Passed 2-20-84.)

1193.01 REGULATIONS.

(a) All towers including radio antennas, microwave towers and dishes, communication structures and other such towers, but excluding towers which are part of a wireless communications facility as defined in subsection (b) hereof, shall be subject to the following regulations:

(1) All towers shall have a maximum height of fifty feet from ground elevation.

(2) Any freestanding antenna or tower over thirty-five feet in height must be anchored in a concrete footer with a minimum depth of four feet and a minimum cubic content of not less than one cubic yard.

(3) Any antenna or tower, whether freestanding or attached to a residence building, must be constructed of material strong enough to withstand wind forces of at least eighty miles per hour. The material and construction shall be approved by the Planning Commission for strength, construction and durability. Standards of construction and safety established by any recognized radio association or Federal Communications Commission regulation may be considered by the Planning Commission.

(4) If guy wires are used, they shall be sufficiently visible to prevent accident or injury to any person.

(5) The plans for installation of any antenna or tower shall be submitted to the Planning Commission in order that unsightly or cumbersome structures shall not be erected.

(b) Wireless Telecommunications Facility.

(1) Definitions.

A. “Collocation” means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.

B. “Lattice tower” means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

C. “Monopole” means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

D. “Open space” means land devoted to conservation or recreational purposes and/or land designed by a municipality to remain undeveloped (may be specified on a zoning map).

E. “Telecommunication” means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

F. “Wireless telecommunications antenna” means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur ratio operators are excluded from this definition.

G. “Wireless telecommunications equipment shelter” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

H. “Wireless telecommunications facility” means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

I. “Wireless telecommunications tower” means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.

(2) A wireless telecommunications facility which includes a tower may be permitted as a conditional use in an M-1, M-2, or M-3 Industrial District or, if the applicant satisfies the requirements of subsections (b)(3) and (b)(6) set forth below, in any B-1 Central Business District, B-2 Highway Business District, or S-1 Special District. In order to be considered for review in any of the above-described zoning districts, the applicant must prove that a newly constructed tower is necessary in that opportunities for collocation on an existing tower is not feasible, as set forth in subsection (b)(4)E. below.

(3) In applying for a permit for a wireless telecommunications facility on any property in a B-1, B-2, or S-1 district, the applicant must present substantial evidence as to why it is not feasible to locate in an Industrial zone. Applicant must demonstrate it has exhausted all reasonable efforts to locate in an Industrial zone prior to being approved in a B-1, B-2, or S-1 zone.

(4) The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located.

A. When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale not less than 1 inch is equal to 100 feet shall be submitted. This plot shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.

B. Security fencing eight feet in height shall surround the tower, equipment shelter and any guide wires, either completely or individually as determined by the Planning Commission.

C. The following buffer plantings may be located around the perimeter of the security fence as deemed appropriate by the Planning Commission:

1. An evergreen screen shall be planted that exists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum.

D. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

E. Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contact and provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant's letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.

F. Any application to locate an antenna on a building or structure that is listed on an historical register, or is in an historic district shall be subject to review by the Council, in addition to the Planning Commission.

G. The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).

H. No advertising is permitted anywhere on the facility, with the exception of identification signage.

I. All providers utilizing towers shall present a report to the Zoning Inspector notifying him of any tower facility located in the Municipality whose use will be discontinued and the date this use will cease. If any time the use of any facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. If this facility is abandoned it shall be presumed to be a nuisance affecting or endangering surrounding property values, and being detrimental to the public health, safety, convenience, comfort, and general welfare of the community and shall be abated. The Zoning Inspector shall then give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his last known address, or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within 60 days either by placing the facility in operation in accordance with this Code, adapting and using the facility for another permitted business use, or by razing the facility. Upon failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Inspector shall take such action as may be necessary to abate said nuisance. If reactivation or dismantling does not occur, the Municipality may remove or contract to have removed the facility and assess the owner/operator the cost. If said owner/operator fails within 30 days to reimburse the Village such costs, the bond or cash deposit required under subsection (b)(6)D. below may be utilized.

J. No tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between 150 feet and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.

K. “No Trespassing” signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.

L. Applicant will provide evidence of legal access to the tower site thereby maintaining this access regardless of other developments that may take place on the site.

M. Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.

N. Underground equipment shelters are encouraged especially in nonindustrial districts, and may be requested by the Planning Commission.

(5) Wireless Telecommunications Facilities proposed for industrial and business districts are subject to the following additional conditions:

A. Sole use on a lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:

1. Yard requirements:

Tower. The minimum distance to any single-family or two-family residential use or district lot line shall be 300 feet.

Equipment Shelter. Shall meet all minimum setbacks/yard requirements for the district.

2. Maximum Height:

Tower - 200 feet (includes antenna).

Equipment Shelter. Shall not exceed maximum height for buildings within the district.

3. Maximum size of equipment shelter:

300 square feet for a single shelter or, if there is more than one, 750 total square feet

B. Combined with another use. A wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions:

1. The existing use on the property may be any permitted use in the district or any lawful non-conforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a non-conforming use.

2. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).

3. Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (and guide wires, if used), the equipment shelter, security fencing and buffer planting.

4. Minimum yard requirements:

Tower. The minimum distance to any single family or two-family residential use or district lot line shall be 300 feet.

Equipment shelter. Shall comply with the minimum set back requirements for the primary lot.

5. Access. The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

6. Maximum height:

Tower. 200 feet (includes antenna).

Equipment shelter. Shall not exceed the maximum height for buildings within the district.

7. Maximum size of equipment shelter:

300 square feet for a single shelter, or, if there is more than one, 750 square feet.

C. Combined with an existing structure. Where possible an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:

1. Maximum height. Twenty feet or twenty percent (20%) of the building height above the existing building or structure, whichever is greater.

2. If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:

a. The minimum setback requirements for the subject zoning district.

b. A buffer yard may be planted in accordance with subsection (b)(4)C.1.

c. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

d. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

(6) Criteria for a conditional use. In order to be considered for a review, the applicant must prove that a newly-constructed tower is necessary and that opportunities for collocation on an existing tower is not feasible. The following steps must also be taken for the application to be considered for review in this category:

A. The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.

B. The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant's service area. There shall be an explanation of why a tower and this proposed site is technically necessary.

C. Where the telecommunications facility is located on the property with another principal use, the applicant shall present documentation that the owner of the property is granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.

D. As a condition of approval, the Planning Commission shall establish the amount of a bond, with a surety company approved by the Village's Solicitor, or cash deposit, in an amount to be determined by the Planning Commission which shall be intended to guarantee the cost of the removal of the wireless telecommunications facility in the event the facility is declared abandoned by the Zoning Inspector pursuant to subsection (b)(4)I. hereof.

CODIFIED ORDINANCES OF BURTON