Canfield City Zoning Code
TITLE SEVEN
Supplemental Zoning Standards
1149.01 SUPPLEMENTAL STANDARDS GENERALLY.
The intent and purpose of the supplementary regulations for zoning districts is to provide information, procedures and specifications concerned with the Zoning Ordinance. The various sections within this Title Seven are supplemental to the district regulations contained in Chapter 1141. (Ord. 73-44. Passed 12-18-73.)
1151.01 MINIMUM REGULATIONS.
Subsection (a) hereof comprises a list of uses which are conditionally permitted in certain zoning districts along with the specific conditions which apply to their approval, included in subsection (b) hereof. Unless otherwise specified in subsection (b) hereof, the minimum regulations for a conditionally permitted use shall be the same as the principal permitted use in the district regulations outlined in Chapter 1141.
Subsections (c) through (i) hereof contain the conditions for approval of specific conditionally permitted uses which were not included in subsections (a) and (b) hereof.
(a) Conditions for Approval of Conditionally Permitted Uses.
Conditionally Permitted Uses | Zoning District Location | Conditions for Approval |
Animal hospitals, veterinary
clinics and kennels
| B-2 | 1151.01(b)(1)C.,(5),(7) |
Automobile body shops | M-1 | 1151.01(b)(1)A.,(5),(7) |
Bed and Breakfast | R-0 | 1151.01(b)(1)(A)(2)(A), (5), (6), (7), (8) |
Building and related trades | B-2 | 1151.01(b)(5), (6), (7) |
Cemeteries | A-1 | 1151.01(b)(1)C., (2)A.,(6), (7) |
Commercial Recreation | B-2, B-3 | 1151.01(b)(1)C, (2)(A)(4),(5), (6), (7) |
Drive-in and carry-out restaurants | B-2 B-3 | 1151.01(b)(1)A., (2)B., (5),(6),(7) |
Fraternal lodges and private clubs | R/O | 1151.01(b)(1)A.,(2)A.,(5), (6), (7) |
Funeral homes and mortuaries | R/O | 1151.01(b)(1) C., (2)B., (5), (6) |
Gas and Oil Drilling | Sm M-1 | 1151.01(h) |
Human hospitals, clinics | O | 1151.01(b)(1)C.,(2)C.,(5), (6), (7) |
Motels | B-2, B-3 | 1151.01(b)(1)A.,(2)A.,(5),(6),(7) |
Nonresidential off-street parking | R/O, O, B-2,B-3 | 1151.01(b)(1)C.,(2)B.,(5), (6),(7) |
Restaurants, sit-down | O | 1151.01(b)(1)D.,(2)B.,(5), (6), (9), (10) |
Storage, inside | B-2, B-3 | 1151.01(b)(1)C., (2) A., (5), (6), (7) |
Theaters | B-1, B-3 | |
(Ord. 2001-12. Passed 3-7-01; Ord. 2010-25. Passed 5-19-10.)
(b) Specific Prior Conditions for Approval.
(1) Minimum lot area:
A. One acre
B. Three acres
C. 9,000 sq. ft.
(2) Minimum yards (feet):
Front | Side(ea.) | Rear | |
A. | 40 | 20 | 50 |
B. | 25 | 10 | 25 |
C. | 40 | 40 | 40 |
(3) Outdoor artificial lighting shall be approved by the Board of Appeals.
(4) Landscape development plan shall be submitted with application, including quantities, sizes and variations of landscaping.
(5) Twenty-five foot distance between parking area and adjacent residential use.
(6) Major street must be adequate to carry additional traffic generated by use.
(7) Two principal entrances and/or exits from major street.
(Ord. 1973-44. Passed 12-18-73.)
(1) Compliance with Subsection (b)(5)above. (Ord. 2018-16. Passed 6-20-18.)
(2) All washing facilities shall be included entirely within an enclosed building except that entrance and exit doors may be left open during the hours of operation.
(3) Vacuuming and/or steam cleaning equipment may be located outside, but shall not be placed in the front yard, a side yard facing a street or in any yard adjoining an R District.
(4) The following hard-surfaced, dust-free, off-street parking shall be provided:
A. Three waiting spaces for each car washing device or stall; or ten off-street waiting spaces for an assembly line type washing establishment where vehicles await entrance to the washing process.
B. Two employee parking spaces for every three employees.
C. Two parking spaces at the exit end of each washing bay for drying and hand finishing of vehicles.
(5) A hard-surfaced exit drive not less than forty feet in length shall be provided between the exit doors and the street.
(6) Mechanical drying equipment and/or hand drying of motor vehicles must be performed on the premises.
(7) A solid fence, wall or hedge six feet high shall be required when an automobile car wash is adjacent to an R District.
(d) Automobile Service Stations. Automobile service stations doing only minor repair work, tune-ups and other similarly related services and activities are conditionally permitted in the B-2 General Commercial District or B-3 Highway Commercial District provided they meet the requirements specified in Sections 1141.14 and 1141.15 and the following outlined conditions for approval:
(1) That the activities carried out at the station are limited to the selling, and dispensing of petroleum fuel primarily to passenger vehicles, and to such accessory uses as the sale and installation of lubricants, tires, batteries, accessories and supplies, minor repairs, and incidental washing and polishing. No outdoor dismantling, wrecking or storage of automotive vehicles, parts or accessories shall be permitted. No overnight, outdoor storage or rental of trucks, trailers or passenger vehicles shall be permitted.
(2) The applicant shall submit a site development plan with the application for a conditional use permit which satisfies the following requirements:
A. The minimum lot size shall be one-half acre.
B. The minimum frontage shall be 120 feet.
C. There shall be two separate driveways located along the frontages providing both ingress and egress to and from the property. These separate driveways shall have a minimum distance of twenty feet between them; and, shall not exceed thirty feet in width at the curbline, nor twenty-four feet in width at the property line. No such driveway shall be located closer than twenty-five feet to an adjacent property line in an R-Zoning District, nor ten feet to an adjacent property line in any other zoning district; and on corner lots shall not be located closer than thirty feet to the intersection of the right-of-way lines of the two streets.
D. All automobile service station buildings shall have a minimum front yard of sixty feet, and all gasoline pumps shall be set back a minimum distance of thirty feet from the front property line.
E. All hydraulic lifts, oil pits and all lubricants, greasing, automobile washing and repair equipment shall be enclosed entirely within the automobile service station building.
F. A fifteen foot planting area shall be provided along all street frontage, exclusive of required driveways. Such required planting areas shall be planted in grass and/or landscaped and shall be maintained in good condition by the owner.
G. The entire lot area, exclusive of the area covered by the service station building, required driveways, and all required planting areas, shall be paved. All landscaped areas shall be separated from all paved areas by a six inch high curb.
H. The light from the exterior lighting shall be so shaded, shielded or directed that the light intensity or brightness shall not be objectionable to surrounding areas.
I. A twenty-five foot wide landscaped grass buffer, planted with an evergreen hedge or evergreen shrubs at least six feet in height or a solid fence or wall shall be provided along property lines which are adjacent to an R District. The hedge and/or shrubs shall be planted not closer than twenty feet to the common property line, and the entire landscaped area shall be maintained in good condition.
J. No outdoor disassembly or repair of motor vehicles shall be permitted. Storage of rental trucks, trailers or passenger vehicles shall not be permitted in the front yard.
(e) Automobile Service Stations and Repair Garages. Automobile service stations and repair garages are conditionally permitted in the B-2 and B-3 Commercial Districts provided they meet the following outlined conditions for approval:
(1) The applicant shall submit a site development plan with the application for a conditional use permit which satisfies the following requirements:
A. The minimum lot size shall be one-half acre.
B. The minimum frontage shall be 120 feet.
C. There shall be two separate driveways located along the frontage providing both ingress and egress to and from the property. These separate driveways shall have a minimum distance of twenty feet between them; shall not exceed thirty feet in width at the curbline, nor twenty-four feet in width at the property line. No such driveway shall be located closer than twenty-five feet to an adjacent property line in an R-Zoning District, nor ten feet to an adjacent property line in any other zoning district; and on corner lots shall not be located closer than thirty feet to the intersection of the right-of-way lines of the two streets.
D. All buildings shall have a minimum front yard of sixty feet; and all gasoline pumps and other similar equipment shall be located a minimum distance of thirty feet from the front property line.
E. A fifteen foot planting area shall be provided along all street frontage(s) exclusive of required driveways. Such required planting areas shall be planted in grass and/or landscaped and shall be maintained in good condition by the owner.
F. All hydraulic lifts, oil pits and all lubricants, greasing, automobile washing and repair equipment shall be enclosed entirely within a building.
G. The entire lot area, exclusive of the area covered by the building, required driveways, and all required planting areas, shall be paved. All landscaped areas shall be separated from all paved areas by a six inch high curb.
H. The light from the exterior lighting shall be so shaded, shielded or directed that the light intensity or brightness shall not be objectionable to surrounding areas.
I. A twenty-five foot wide landscaped grass buffer, planted with an evergreen hedge or evergreen shrubs at least six feet in height shall be provided along property lines which are adjacent to an R District. The hedge and/ or shrubs shall be planted not closer than twenty feet to the common property line, and the entire landscaped area shall be maintained in good condition.
J. All signs shall be in conformance with the sign ordinance in effect at the time the conditional use permit is authorized.
K. No outdoor disassembly or repair of motor vehicles shall be permitted.
Storage of rental trucks, trailers or passenger vehicles shall not be permitted in the front yard.
(Ord. 1973-44. Passed 12-18-73.)
(g) Home Occupations. Home occupations are conditionally permitted in all residential districts, provided they meet the requirements specified in the applicable sections of Chapter 1141
, and the following outlined conditions for approval:
(1) There shall be no change in the outside appearance of the dwelling unit or other visible evidence of the home occupation on the premises.
(2) None of the activities related to the home occupation shall be permitted in any accessory building.
(3) No equipment or process shall be used in connection with the home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.
(4) No equipment or process shall be used in connection with the home occupation which creates visible or audible interference in any radio or television reception, or which causes fluctuations in line voltage off the premises.
(5) No traffic shall be generated by the operation of the home occupation which is significantly greater than the traffic volumes normally expected in the relevant neighborhood.
(6) No person or persons other than individuals residing on the premises shall conduct activities in furtherance of the home occupation.
(Ord. 1996-06. Passed 2-7-96.)
(7) The use of the dwelling unit or premises must be clearly incidental and subordinate to the use for the residential purposes by its occupants. The dwelling unit to be utilized for the home occupation must be the domicile of the applicant. For purposes of this section, domicile shall mean the residence where the applicant has their permanent home and to where, whenever absent, the applicant intends to return.
(Ord. 2005-31. Passed 11-16-05.)
(h) Resource and Mineral Extraction. Resource and mineral extraction operations are conditionally permitted in the M-1 Manufacturing District and S Special District, provided they meet the requirements specified in the following outlined conditions for approval:
(1) The applicant for a conditional use permit to operate a mineral extraction operation must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties.
(2) All equipment used in these operations shall be constructed, maintained and operated in such a manner as to eliminate so far as practical, noise, vibration or dust which would injure or annoy persons living in the vicinity.
(3) No mining, quarrying or gravel or sand extraction shall be permitted nearer than 200 feet to the boundary of the property being utilized for such use.
(4) In order to insure adequate lateral support, all sand and gravel excavations shall be located at least 100 feet from and be back filled to at least 150 feet, and all quarrying or blasting shall be located at least 200 feet from the right-of-way line of any existing or platted street, road, highway or railway, except that such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the grade of the existing or platted street, road or highway.
(5) All excavations of gravel or sand shall either be made to a water-producing depth, plus five feet or graded and/or back filled with non-noxious and nonflammable solids to assure:
A. That the excavated area will not collect and retain stagnant water; and
B. That the graded or back filled surface will create a gently rolling topography to minimize erosion by wind and rain and substantially conform with the contours of the surrounding area.
(6) The banks of all excavations that are not back filled shall be sloped to the water line at a grade of not less than two feet horizontal to one foot vertical and such banks shall be sodded or surfaced with at least six inches of suitable soil and seeded with grass. Spoil banks shall be graded to a level suiting the existing terrain and planted with trees, shrubs, legumes or grasses where vegetation is possible. Within areas subject to flooding, or high water, spoil banks shall be high enough to prevent overflow of water into the gravel pits and shall be sloped, graded, and seeded as prescribed herein.
(7) Whenever the floor of a quarry is more than five feet below the average grade of the highway, road street or land adjacent thereto, the property containing such quarry shall be completely enclosed by a barrier consisting of not less than a six foot mound of earth planted with suitable dense planting or other suitable material sufficient in either case to prevent persons from trespassing thereon or passing through. Such mound shall be located at least twenty-five feet from any street, road, highway or boundary of the quarry property.
(8) All quarrying, blasting, drilling or mining shall be carried out in a manner and on such scale as to minimize dust, noise and vibrations and to prevent adversely affecting the surrounding properties. All abandoned oil and gas wells shall be adequately capped immediately. Permanent means of closing off such wells shall be utilized at such time when the well is no longer used.
(9) When any quarrying has been completed, such excavated area shall either be left as a permanent spring-fed lake if such lake has an average depth of twenty feet or more, or the bottom floor thereof shall be leveled to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and such floor shall be covered with soil of adequate thickness for the growing of turf or other ground cover. The edge of such excavation shall be further protected by construction of a barrier consisting of not less than a six foot mound of earth planted with some type of bush, hedge or other effective screening and landscaping. All remaining areas shall be returned to original grade, planted in grass and landscaped. (Ord. 1973-44.Passed 12-18-73.)
(10) The reclamation cost shall be determined by the City Engineer: A reclamation bond must be posted prior to starting any resource or mineral extraction operations. The reclamation bond shall be 100% of reclamation cost. (Ord. 1979-62. Passed 11-20-79.)
(i) Community or Private Recreation Club Swimming Pools. Community or private recreation club swimming pools are conditionally permitted in the R-1, R-2, R-3, R-4 and R-5 Residential Districts provided that the pool is intended only for the use and enjoyment of residents of the Municipality or members of an association or club.
The applicant shall submit a site location map with the application for a conditional use permit showing that the proposed site meets the following outlined conditions for approval:
(1) The site shall contain a minimum of three acres.
(2) The site shall have adequate access from a major thoroughfare.
(3) All interior drives shall be paved and regularly maintained in good condition.
(4) The pool site, bath house, club house, tennis courts and similar structures shall be located a minimum distance of:
A. 100 feet from any highway or street frontage.
B. 100 feet from any lot in an R District.
(5) The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The wall or fence shall be at least six feet in height and maintained in good condition, with a gate and lock.
(6) A site development plan which includes information relating to the landscaping of the site and screening of parking and structures shall be submitted with the application for conditional use permit.
(Ord. 1973-44. Passed 12-18-73.)
(j) Structure Conversion to Public or Quasi Public Use for Historical Purposes. Structures in the Historical Preservation Area, as designated on the current Historical Area Map, may be used conditionally by public or quasi-public entities for historical purposes. Such uses may include, but not be limited to, museums or libraries of historic records. The following conditions shall be met before approval:
(1) The Design Review/Historic Preservation Area Review Committee shall certify, in writing, to the Planning Commission that the site/structure has historic significance.
(2) Permitted signs shall be in conformance with Chapter 1183 as in effect at the time the conditional use permit is authorized.
(3) Minimum zoning lot requirements shall be the same as the zoning district in which the structure is located.
(4) A minimum of two off-street parking spaces shall be provided. Permanent surfaced parking spaces shall be determined by the Commission based on lot size, configuration and expected use. All spaces shall be suitably lighted.
(5) Paved traffic lanes, each not less than eight feet in width, shall be provided for both ingress to and egress from the off-street parking area.
(6) Property shall have access to a major thoroughfare.
(7) A resident caretaker may be permitted.
(Ord. 1988-21. Passed 7-7-88.)
(k) Adult Oriented Businesses.
(1) Purpose and Intent. It is the purpose of these provisions to regulate the location of Adult Oriented Businesses in order to promote health, safety and morals and to establish reasonable and uniform regulations.
(2) Definitions.
A. Adult arcade: 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 other 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 bookstore, adult novelty store or adult video store: 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 is 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 of 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: A nightclub, bar, restaurant, theater, concert hall, auditorium, or other commercial establishment that regularly features:
1. Persons who appear in a state of nudity or semi-nudity;
2. Live entertainment characterized by the exposure of “specified anatomical areas” or the depiction or description of “specified sexual activities” or
3. Films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by the depiction or description of “specific sexual activities” or “specific anatomical areas”.
D. Adult motion picture theater: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
E. Adult theater: A theater, concert hall, auditorium or similar 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: Any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or makeup, or any substance designed to simulate the appearance of the anatomical area beneath it.
G. Nude model studio: A place where a person who appears semi-nude or nude, or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, 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.
H. Nudity or a State of Nudity or Nude: Exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a full 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.
I. Principal business purpose: 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 greater.
J. Semi-nudity or Seminude Condition or Seminude: 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 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.
K. Sexual encounter center: A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
1. Physical contact in the form of 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.
L. Adult oriented business: 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.
M. Specified anatomical areas:
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.
N. Specified sexual activities:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2. Sex acts, normal or perverted, 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 subsections (k)(2)N.1. and 2. hereof.
(3) Application. For the purpose of applying these regulations, the following are classified as Adult Oriented Businesses:
A. Adult Arcades;
B. Adult Bookstores, Adult Novelty Stores, or Adult Video Stores;
C. Adult Cabarets;
D. Adult Motion Picture Theaters;
E. Adult Theaters;
F. Nude Model Studios; and
G. Sexual Encounter Centers.
(4) Permitted Locations. Adult Oriented Businesses may be conditionally permitted as provided in Section 1141.15, subject to the following restrictions and limitations:
A. No Adult Oriented Business shall be established within 1,000 feet of a church, synagogue, temple or other place used primarily for religious worship;
B. No Adult Oriented Business shall be established within 1,000 feet of a public or private educational facility, including but not limited to nursery schools, preschools, kindergartens, elementary schools, middle schools, high schools, vocational schools, special education facilities and colleges.
C. No Adult Oriented Business shall be established within 1,000 feet of a public park or recreation area, publicly owned open space, or private recreation facility regularly used for community or publicly sponsored recreation activities.
D. No Adult Oriented Business shall be established within 1,000 feet of another Adult Oriented Business.
For purposes of this subsection, measurements shall be made in a straight line from the nearest edge or portion of the building containing or proposed to contain, the Adult Oriented Business, to the nearest property line of the premises of the use, or uses listed herein, without regard to paths of travel or intervening structures or obstructions.
(5) Product and Activity Displays. All activities associated with an Adult Oriented Business shall be conducted entirely within a completely enclosed building. No products, merchandise, displays or activities shall be placed or conducted outside of the building or in such a manner as to be visible from off the premises.
(Ord. 2009-63. Passed 12-16-09.)
(l) Wind Energy Systems.
(1) This subsection (l) is intended to establish minimum requirements for small wind energy systems, commercial wind energy systems and towers as defined herein.
(2) Definitions.
A. “Total height” means the distance measured from ground level to the blade extended at its highest point or to the top of the tower, whichever is the highest.
B. “Small wind energy system” means a wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, or similar device, which will be used primarily to reduce on-site consumption of utility power or to create usable energy from wind. A small wind energy system shall not exceed a rated capacity of 50kWh.
C. “Windmill rotor” means that portion of the windmill which includes the blades, hub and shaft.
D. “Windmill tower” means the supporting structure on which the rotor, turbine and accessory equipment are mounted.
E. “Commercial wind energy system” means a wind energy conversion system consisting of more than one wind turbine and tower, a wind energy conversion system which will be used primarily for off-site consumption of power or a wind energy system in excess of 50 kWh.
(3) Applicability. The requirements of this chapter shall apply to all small wind energy systems, commercial wind energy systems or windmill towers proposed after the effective date of this chapter. Any system that has been installed, but not used for two consecutive years, may not be subsequently used without meeting the requirements of this chapter. No pre-existing system shall be altered in any manner that would increase the degree of non-conformity with the requirements of this chapter and no alterations shall be made to a non-conforming, pre-existing system during its life which exceeds fifty percent (50%) of its fair market value. If such system is destroyed or damaged to the extent of more than fifty percent (50%) of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this chapter.
(4) Small wind energy system requirements.
A. Permissible locations. A small wind energy system is permitted in the following zoning districts: R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-PUD and R/O.
B. Minimum lot size. No small wind energy system shall be erected on any lot less than one acre in size.
C. Total height. For property sizes between one acre and two acres, the total height of any tower shall not exceed 60 feet. For property sizes between two and five acres, the total height shall not exceed 80 feet. For property sizes greater than five acres, the total height shall not exceed 100 feet.
D. Location. No small wind energy system shall be located in any front or side yard. No part of any small wind energy system shall be located on a roof or other structure.
E. Setbacks.
1. Property lines. A small wind energy system or tower shall be set back from the nearest property line, public road right- of-way and communication and electrical line not less than 1 times its total height.
2. Inhabited structures. A small wind energy system, or tower shall be set back from the nearest inhabited building not less than 1 times its total height.
F. Design standards.
1. Monopole or freestanding design. The design of the small wind energy system or tower shall be of a monopole or freestanding design without guy wires.
2. Minimum blade height. The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 30 feet above any structure within 100 feet from the tower.
3. Access. No tower shall have a climbing apparatus within 15 feet of the ground. All access doors or access ways to towers and electrical equipment shall be able to be locked.
4. Noise. No small wind energy system shall exceed 60 dBA as measured at the nearest property line or 50 dBA as measured at the nearest neighboring inhabitable building.
5. Visual appearance. Small wind energy and/or tower systems shall be finished in a rust-resistant, non-obtrusive finish and color that is nonreflective. No small wind energy system or tower shall be lighted unless required by the FAA. No flags, streamers, decorations or advertising signs of any wind or nature whatsoever shall be permitted on any small wind energy system and/or tower.
6. Electrical interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.
7. Signal interference. No small wind energy system or tower shall cause permanent and material interference with television or other communication signals.
8. Over-speed controls. Every small wind energy system shall be equipped with both manual and automatic over-speed controls.
G. Permit applications. Application for a small wind energy system and/or tower shall include the following information:
1. Site plan to scale showing the location of the proposed small wind energy system and/or tower and the locations of all existing buildings, structures and property lines, along with distances.
2. Elevations of the site to scale showing the height, design and configuration of the small wind energy system and the height and distance to all existing structures, buildings, electrical lines and property lines.
3. Standard drawings and an engineering analysis of the systems tower, including weight capacity.
4. A standard foundation as approved by the City Engineer and anchor design along with soil conditions and specifications for the soil conditions at the site.
5. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system; including, the name and address of the manufacturer, model and serial number.
6. Emergency and normal shutdown procedures.
7. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.
8. Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator, unless the system will not be connected to the electricity grid.
(5) Commercial wind energy system requirements.
A. Permissible locations. A commercial wind energy system may be permitted as a conditional use in the following zoning districts: M- 1, S, B-2, B-3 and O.
B. Minimum lot size. No commercial wind energy system shall be erected on any parcel less than 10 acres in size.
C. Total height. The total height of a commercial wind energy system shall not exceed 150 feet.
D. Setbacks.
1. Property lines. A commercial wind energy system shall be set back from the nearest property line and public road right- of-way not less than 500 feet and shall not be located in either a front or side yard.
2. Location. No commercial wind energy system shall be located within 500 feet of a platted subdivision, park, church, school or playground. No part of any commercial wind energy system shall be located on a roof or other structure.
3. Inhabited structures. A commercial wind energy system shall be set back from the nearest inhabitable building, power line or communication line, not less than 1.5 times its total heights.
E. Design standards. A commercial wind energy system shall comply with the design standards set forth in subsection (l)(4)F.1. through 8. hereof.
F. Permit applications. A commercial wind energy system shall comply with the permit application requirements set forth in subparagraphs 1. through 8. of Section 1151.01(l)(4)G.
G. Multiple wind energy systems. More than one tower shall not be permitted without specific approval by the Planning Commission.
(6) Non-use.
A. Any small wind energy system, commercial wind energy system or tower which complies with the terms of this chapter which is not used for one year, excluding repairs, shall be removed within the immediately following six months. Failure to remove the system shall be deemed a violation of this chapter.
B. Any small wind energy or commercial wind energy system which is non-conforming and which is not used for one year, excluding repairs, shall be removed within the immediately following six months. Failure to remove the system shall be deemed a violation of this chapter.
(7) Additional regulatory compliance. Nothing contained in this chapter shall eliminate the requirement to comply with regulations imposed by federal or state laws including, but not limited to, those established by the Ohio Power Siting Board, the Public Utilities Commission of Ohio or any successor agencies.
(Ord. 2010-25. Passed 5-19-10.)
(m) The outside display of retail merchandise for sale is conditionally permitted in B-3 zoning districts provided that the use meets the following conditions for approval:
(1) The display of retail merchandise for sale may only be of products sold by a business operating a retail establishment on the subject lot.
(2) The area of the exterior display must be at least one hundred feet (100') from the front of the retail establishment offering the merchandise and setback at least 50 ft. from the right-of-way.
(3) No signage shall be permitted as part of the outside retail display.
(4) The exterior retail display must be in a permitted parking area and such parking area must be at least one (1) acre; 43,560 square feet.
(5) No storage of any other kind shall occur within the retail display area.
(6) A fence must be permanently installed around the perimeter of the exterior retail display area. Such fence must comply with Section 1169.01 of this Ordinance.
(7) The retail display area must not exceed 1,600 square feet.
(Ord. 2019-29. Passed 6-19-19.)
(n) Electric vehicle ("EV") charging stations for public use shall be permitted uses in B1, B-2, B-3 and R/O zoning districts and shall comply with the standards in this section.
(1) Exclusive Use. Except when located in conjunction with single-family residences, areas of lots containing electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only and for no other use.
(2) Signage. Each electric vehicle charging station shall be posted with signage indicating the use is only for electric vehicle charging purposes. Signage shall comply with Chapter 1183 and shall include items required by applicable state or federal law. Directional signs conveniently located to guide motorists to the charging stations are also permitted in accordance with Chapter 1183.
(3) Accessibility. The design and construction of electric vehicle charging stations shall provide for one (1) accessible station for each twelve (12) stations. Accessible charging stations shall comply with all state and federal requirements.
(4) Lighting. Adequate site lighting shall be provided, which shall also comply with all other applicable lighting requirements in this Part 11.
(5) Equipment. Equipment for electric vehicle charging stations shall comply with the following standards:
A. Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging station shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.
B. Charging station outlets and connectors shall be no less than thirty-six (36) inches or no higher than forty-eight (48) inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.
C. Equipment shall be protected by wheel stops or concrete-filled bollards.
(6) Required Postings. The following information shall be posted at all electric vehicle charging stations:
A. Voltage and amperage levels;
B. Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;
C. Usage fees;
D. Safety information;
E. Contact information for reporting when the equipment is not operating or other problems.
(7) Setback Requirements. EV charging stations shall be set back at least twenty-five (25) feet from the front right of way.
(8) Submission of Plans. Plans for EV charging stations shall be submitted for approval to the Zoning Inspector and the Canfield Joint Fire District prior to construction.
(9) Applicable Laws. Plans, construction and the operation and maintenance of EV charging stations shall comply with all applicable state and federal laws and regulations. (Ord. 2023-47. Passed 12-20-23.)
1151.02 REVOCATION OF CONDITIONAL USE PERMIT.
A Conditional Use Permit may be revoked for failure to comply with the conditions for approval contained herein, or the conditions otherwise imposed by the City at the time of the initial application as follows:
(a) The Zoning Inspector shall notify the property owner of the specific conditions for approval which are not satisfied and that the property owner has thirty (30) days to satisfy the required conditions of approval.
(b) The property owner shall have thirty (30) days to comply with the requirements delineated in the notification from the Zoning Inspector.
(c) If the property owner fails to comply with the requirements delineated by the Zoning Inspector, the Planning and Zoning Commission, shall set the matter for a public hearing by the Board of Zoning Appeals and notify the affected property owner. Notice thereof shall be given by the Secretary of the Planning and Zoning Commission not less than twenty (20) days prior to the date of the public hearing by publishing a notice in a newspaper of general circulation in the Municipality. Notice shall also be given within twenty (20) days to the parties having proprietary interest in the land located within 200 feet of the subject property. Failure to notify any person, other than the subject property owner, shall in no way affect the validity of any action taken.
(d) The Board of Zoning Appeals shall conduct the public hearing within thirty (30) days thereafter and, if it finds that the conditions for approval are not satisfied, it shall promptly notify the property owner of the revocation of the subject conditional use permit which revocation shall be effective immediately.
(Ord. 2014-42. Passed 9-17-14.)
1153.01 STANDARDS.
Unless otherwise specified herein, the standards for lot area, height and yard requirements, lot coverage, density, off-street parking, landscaping and screening for a proposed R-5 Development shall be governed by the standards and requirements specified in Chapter 1141. Where a proposed project is located within the jurisdiction of the D-Design Area, or Historical Area as shown on the Design Area Map or Historical Area Map, the review process and approval of the development plan shall also include certification in writing by the Design Committee, as specified in Chapter 1129.
(Ord. 1973-44. Passed 12-18-73.)
1153.02 BUILDING PERMITS.
Before any building permits may be authorized and issued for construction within an R-5 Residential District, the owner/developer shall submit a site development plan for the proposed development to the Planning Commission for their review and approval.
(Ord. 1973-44. Passed 12-18-73.)
1153.03 REQUIRED CONTENTS OF THE SITE DEVELOPMENT PLAN.
Prior to preparing and submitting the site development plan to the Planning Commission, the owner/developer is encouraged to discuss the proposal with the Zoning Inspector and/or Commission on an informal basis. The site development plan shall include the following information:
(a) Boundaries of the tract to be developed.
(b) Base mapping of the tract showing the physical features, such as topography, drainage ways, water bodies, trees over four inch caliper trunk measured four feet above the ground, and all species native or indigenous to the area.
(c) Highways and streets in the vicinity of the tract, and the ingress and egress to the tract.
(d) Location and type of units to be developed; location of open space and recreation areas; location of required off-street parking.
(e) Proposed density of development.
(f) Proposed treatment of existing topography, drainage ways and tree cover.
(g) Circulation system, drives, parking, access to development, etc.
(h) Plans for the type of buildings, including required garages, to be constructed within the development, including elevations and floor plans.
(i) Landscaping plans for the development.
(j) Time schedule for the proposed development. (Ord. 1973-44. Passed 12-18-73.)
1153.04 PLANNING COMMISSION ACTION.
Approval of the site development plan shall require a favorable vote of the majority of the membership of the Planning Commission. Such approval shall constitute the authorization to apply for zoning permits and develop the approved project within the R-5 Zoning District for which the site development plan approval was granted, in accordance with the site development plan details and time schedule. In taking action, the Commission may deny the approval, or may approve the development plan subject to specific required modifications.
(a) The secretary of the Commission shall notify the Zoning Inspector of the decision of the Commission. Such notification shall be in writing.
(b) The Inspector shall satisfy that all requirements have been met, including site development plan approval and shall issue the zoning certificate for the approved development based on the approved site development plan which shall be filed with the Office of the Inspector.
(c) Any change or deviation from the approved site development plan must be reviewed and approved by the Commission in accordance with the provisions specified herein.
(Ord. 1973-44. Passed 12-18-73.)
1155.01 PURPOSE.
The Planned Unit Development District establishes a permissive zoning procedure for the development of new tracts of residential development on a planned unit basis in accordance with an overall development plan. The intent is to be flexible in the regulation of the basic land planning and to encourage imaginative site planning that provides both a variety of dwelling types and usable common open space as an integral part of the development.
(Ord. 1992-30. Passed 8-4-92.)
1155.02 PERMITTED USES.
Permitted uses in the R-PUD District shall include:
(a) Residential uses, including single-family dwellings, townhouses, two-family dwellings, three or four family dwellings and multiple family dwellings.
(b) Churches, schools.
(c) Outdoor recreation facilities, including golf courses, private swimming pools and private recreation clubs.
(Ord. 1992-30. Passed 8-4-92.)
1155.03 RELATION TO ZONING ORDINANCE.
Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this Zoning Ordinance or other ordinances of the City, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this Zoning Ordinance.
(Ord. 1992-30. Passed 8-4-92.)
1155.04 MINIMUM PUD SIZE.
A parcel shall be at least five acres in size to be developed as a planned unit development.
(Ord. 1992-30. Passed 8-4-92.)
1155.05 DENSITY AND MAXIMUM HEIGHT REGULATIONS.
(a) The following minimum and maximum requirements shall be observed:
Land Use | Density (Not to Exceed) Units Per Residential Acre | Maximum Height (feet) |
Single-Family | 4 | 35 |
Two-family | 5 | 35 |
3-4 Family Buildings | 6 | 35 |
Multifamily | 7 | 35 |
Churches | 35 | |
Schools |
Diversion of dwellings is encouraged.
(b) For determining density as shown in the above table, "residential acre" does not include main access drives or common open space.
(c) No three or four family or multifamily dwellings may be built within 100 feet of an R-1, R-2 or R-3 District.
(Ord. 1992-30. Passed 8-4-92.)
1155.06 BUILDING SIZE REQUIREMENTS.
Minimum floor areas per dwelling unit are as follows:
(a) Single-Family Dwellings | Square Feet |
One story with basement | 1,400 |
One story without basement | 1,400 |
More than one story, with basement | 1,600 |
More than one story, without basement | 1,700 |
(b) Two-Family Dwellings. | |
Ground Floor with basement | 1,000 |
One-story without basement | 1,100 |
More than one story | 1,300 |
(c) Three-four Family Dwellings. | |
One bedroom | 850 |
Two bedrooms | 950 |
Three or more bedrooms | 1,100 |
(d) Multiple-Family Dwellings. | |
Efficiency apartment | 850 |
One bedroom | 850 |
Two bedrooms | 950 |
Three or more bedrooms | 1,100 |
(Ord. 1992-30. Passed 8-4-92.)
1155.07 REQUIRED COMMON OPEN SPACE.
There shall be reserved, within the tract to be developed on a planned unit basis, a minimum land area of twenty percent (20%) of the entire tract for use as common open space. Driveways, parking areas and turf or landscaped areas which are exclusively associated with specific dwelling units shall not be computed as part of the required open space. This common open space shall not consist of isolated or fragmented pieces of land which would serve no useful purpose. Included in this common open space may be such uses as pedestrian walkways, sidewalks, parkland, open areas, drainage ways, swimming pools, golf courses, clubhouses, tennis courts and other lands of essentially open character, exclusive of off-street parking areas. Ownership of this common open space shall be transferred to a legal entity and proper legal documents necessary for such transfer or dedication shall be prepared by the owner/developer of the tract of land and approved by Council.
(Ord. 1992-30. Passed 8-4-92.)
1155.08 INFORMAL CONSULTATIONS.
Before formal submission of the zone change request and preliminary PUD plan, the owner/developer shall be required to engage in consultations with the Zoning Inspector, City departmental representatives and the chairperson of the Planning Commission. These consultations are intended to familiarize the owner/developer with the PUD process and the City's general expectations concerning the specific parcel. The owner/developer shall be encouraged to provide initial planning concepts for departmental staff review. No statement or representation during the informal consultation shall be binding upon the Planning Commission or Council.
(Ord. 1992-30. Passed 8-4-92.)
1155.09 INFORMAL SUBMISSION OF PRELIMINARY PUD PLAN.
The owner/developer shall, after consultation with the Zoning Inspector and departmental representatives, make an informal presentation of the preliminary PUD plan to the Planning Commission. The owner shall attend a Commission meeting in order to discuss the plan. Eight copies of the preliminary PUD plan shall be submitted to the Commission no later than fifteen (15) working days prior to the next meeting and shall include the following items:
(a) Boundaries of the tract to be developed on a planned unit basis.
(b) Base mapping of the tract showing the physical features, such as topography, drainage ways, water bodies, vegetation and existing land uses.
(c) Highways and streets in the vicinity of the tract and the ingress and egress to the tract.
(d) Location of different general land use areas proposed to be developed.
(e) Proposed density levels of each residential area (units per acre); total overall density.
(f) Proposed treatment of existing topography, drainage ways, tree cover and proposed storm water management plan.
(g) Proposed general location of major vehicular circulation, showing how this circulation pattern relates to the major thoroughfare plan.
(h) Proposed arrangement of required open space, location of schools, parks and other community facility sites.
(i) Time schedule of projected development.
Within thirty (30) days of the information presentation, the Commission shall provide to the owner/developer a report of comments and concerns regarding the preliminary PUD plan. This report is intended to provide the owner/developer with the information needed to improve the proposal's chances for a favorable recommendation by the Commission.
(Ord. 1992-30. Passed 8-4-92.)
1155.10 FORMAL SUBMISSION OF PRELIMINARY PUD PLAN AND ZONE CHANGE REQUEST.
(a) The owner/developer shall consider the suggestions made by the Planning Commission. After making changes as he/she feels appropriate, the owner/developer shall formally submit the preliminary PUD plan (eight copies) and the zone change request to the Zoning Inspector at least fifteen (15) working days prior to the next meeting. The preliminary PUD plan shall be placed on the agenda for the next regular meeting of the Commission. The Zoning Inspector shall develop the appropriate legislation for the first reading of the zone change request ordinance for the next regular council meeting. The zone change request shall include all of the information normally required under Section 1131.03
(b) The formal submission shall be accompanied by a non-refundable fee of two thousand dollars ($2,000.00) plus ten dollars ($10.00) per dwelling unit in the entire PUD to cover administrative costs and plan review costs by the City Engineer.
(Ord. 1992-30. Passed 8-4-92.)
1155.11 COUNCIL REFERRAL TO PLANNING COMMISSION.
Immediately after the first reading by Council, the zone change request shall be referred to the Planning Commission for recommendation.
(Ord. 1992-30. Passed 8-4-92.)
1155.12 PLANNING COMMISSION CONSIDERATION.
The Planning Commission shall consider the following factors in making its recommendation to Council:
(a) That the R-PUD District is in conformance with the Comprehensive Plan.
(b) That each individual stage of development shall not exceed the maximum density proposed for the planned unit development landholding as a whole.
(c) That the use proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts.
(d) That the areas proposed shall be used only for residential purposes and the usual accessory uses such as garages, storage space, parks, recreation sites, open spaces and community purposes, including churches and schools.
(e) That the internal private streets that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated in the major thoroughfare plan.
(f) That the minimum common open space area has been designated and shall be duly transferred to a legal entity as herein provided.
(g) That the preliminary PUD plan is consistent with the intent and purpose of this Zoning Ordinance, to promote public health, safety and general welfare of the residents of the Municipality.
(Ord. 1992-30. Passed 8-4-92.)
(h) Whether or not curbing is appropriate.
1155.13 PLANNING COMMISSION RECOMMENDATION.
Within thirty days from the date of Council referral, the Secretary of the Planning Commission shall provide a written recommendation to Council regarding the preliminary PUD plan and zone change request. In this recommendation, the Commission may by motion:
(a) Recommend approval of the preliminary PUD plan and zone change request.
(b) Recommend approval with certain modifications, revisions or restrictions.
(c) Recommend disapproval of the preliminary PUD plan and zone change request.
(Ord. 1992-30. Passed 8-4-92.)
1155.14 COUNCIL PUBLIC HEARING.
Within thirty days of the receipt of the Planning Commission recommendation, Council shall hold a public hearing on the preliminary PUD plan and zone change request. Notice of the hearing shall be published at least fifteen days prior to the hearing date. Hearing notice requirements shall follow the rules established in Section 4.13 of the Charter.
(Ord. 1992-30. Passed 8-4-92.)
1155.15 COUNCIL ACTION.
Within thirty (30) days after the hearing date, Council shall take action regarding the preliminary PUD plan and zone change request. In considering the PUD proposal, Council shall evaluate those same factors considered by the Planning Commission in Section 1155.12.
If the Commission recommends approval of the PUD, approval by Council requires only three-fifths majority vote. If Council adds or deletes modifications or limitations and thus changes the preliminary plan approved by the Commission, passage requires a three-fifths majority vote of Council.
If the Commission recommends disapproval of the PUD, passage by Council requires a three-fifths majority.
Approval of the preliminary PUD plan and zone change request shall be limited to the general acceptability of the land uses proposed, the general arrangement of the development and the interrelationship of uses and the density level. The approval does not endorse precise locations of uses, exact parcel configuration or engineering feasibility. Approval of the preliminary PUD plan and zone change request shall constitute the creation of a separate R-PUD District. The R-PUD District is applicable only to the specific approved preliminary PUD plan. Any new preliminary PUD plan or any major changes to the approved plan shall require reconsideration by the Commission and by Council.
At the time of adopting any ordinance establishing an R-PUD District, Council shall make appropriate arrangements with the owner/developer which will ensure the accomplishment of the public improvements and reservation of the common open space as shown on the approved preliminary PUD plan.
(Ord. 1992-30. Passed 8-4-92.)
1155.16 FINAL PUD PLAN SUBMITTAL.
The owner/developer shall submit a final PUD plan to the Planning Commission within one year of Council's approval of the PUD zone change. If no final PUD plan is submitted within one year, the PUD zone change shall become null and void and the property shall revert to its former zoning classification.
(Ord. 1992-30. Passed 8-4-92.)
1155.17 REQUIRED CONTENTS OF THE FINAL PUD PLAN.
Once the R-PUD Zoning District and the preliminary PUD plan have been approved by Council, the owner/developer shall proceed with the preparation of the detailed final PUD plan. The detailed final PUD plan shall be reviewed and approved by the Planning Commission and Council prior to the issuance of any zoning certificate by the Zoning Inspector. When the individual stage being reviewed is located within the D-Design Area or Historical Area as shown on the Design Area Map or Historical Area Map, the Design Review Committee and/or Historical Preservation Area Review Committee shall participate in the review process with the Commission.
The detailed final PUD plan shall be prepared for the owner/developer and shall bear the original signature and/or original seal of the professionally competent professional engineer, architect or landscape architect; shall be in accordance with the approved preliminary PUD plan; and shall include the following:
(a) Survey of the tract to be developed showing existing physical features, general topography, drainage ways and tree cover and streets, easements and utility lines.
(b) Detailed site plans showing lot lines, building outlines, off-street parking spaces, pedestrian walkway and vehicular circulation.
(c) Preliminary building plans, including floor plans and exterior elevations.
(d) Landscaping plans including quantity, size and varieties of landscaping.
(e) Specific detailed engineering plans, including site grading, street improvements, drainage and utility improvements, and extensions as necessary.
(f) All necessary legal documentation relating to the organization of the legal entity created for the purpose of maintaining the required common open space included within the planned unit development.
(g) Copies of any restrictive covenants that are to be recorded.
After submittal, the Commission may make suggestions to the owner/developer regarding modifications which would improve the likelihood of approval of the final PUD plan. The owner/developer may modify the final PUD plan before a final action is taken by the Commission. The owner/developer may withdraw the submission of the final PUD plan if additional time is needed for the modifications.
(Ord. 1992-30. Passed 8-4-92.)
1155.18 PLANNING COMMISSION AUTHORITY ON THE FINAL PUD PLAN.
The Planning Commission has the authority to approve the final PUD plan only if the final PUD plan is in conformance with the preliminary PUD plan approved by Council. Additional factors to be considered by the Commission shall include:
(a) That the proposed detailed final PUD plan for the individual section of the overall R-PUD District is in conformance with the approved preliminary PUD plan and the Comprehensive Plan map and text of the Municipality.
(b) That each individual stage of the planned unit development can exist as an independent planned unit development which is capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that such objective can be obtained.
(c) That any part of the planned unit development not used for structures, parking and loading areas or streets, shall be landscaped or otherwise improved, or if approved by the Commission, left in its natural state.
(d) That any exception from the standard requirements of this Zoning Ordinance is warranted by the design and amenities incorporated in the detailed final PUD plan, in accordance with the adopted policy of the Commission and Council.
(e) That the internal private streets proposed are suitable and adequate to accommodate the anticipated traffic within and through the development.
(f) That the detailed final PUD plan is consistent with the intent and purpose of this Zoning Ordinance to promote public health, safety and general welfare of the residents of the Municipality.
(Ord. 1992-30. Passed 8-4-92.)
1155.19 MAJOR CHANGES.
The Planning Commission may not approve the final PUD plan if it is determined that the final plan includes major changes from the preliminary PUD plan. Major changes shall include, but are not limited to:
(a) An increase in overall density.
(b) Changes in the outside boundaries of the planned unit development landholding.
(c) Changes in the location or amount of land designated for specific land uses, including open space.
(d) Changes in the internal private street locations or alignments.
(Ord. 1992-30. Passed 8-4-92.)
1155.20 PLANNING COMMISSION ACTION ON THE FINAL PUD PLAN.
Within forty-five days of the formal submittal of the final PUD plan, the Planning Commission shall, by motion, make a decision regarding the final PUD plan. In making this decision, the Commission shall, by motion, determine that either:
(a) The final PUD plan is in basic conformance with the Preliminary PUD plan and meets the requirements of Section 1155.18 and is approved.
(b) The final PUD plan includes major changes from the preliminary PUD plan or otherwise fails to meet the requirements of Section 1155.19 and is disapproved. In its written response to the owner/developer, the Commission shall identify the major changes or other problems in question. The owner/developer may revise the final PUD plan to bring it into conformance with the approved preliminary PUD plan and formally resubmit it for reconsideration by the Commission.
(Ord. 1992-30. Passed 8-4-92.)
1155.21 APPEAL OF A PLANNING COMMISSION DETERMINATION ON A FINAL PUD PLAN.
If the Planning Commission disapproves the final PUD plan, the owner/developer may submit a written appeal of the Commission's decision to Council. Approval of the final PUD plan by Council shall require a majority vote thereof. However, Council may not approve a final PUD plan which includes a major change as defined in Section 1155.19.
(Ord. 1992-30. Passed 8-4-92.)
1155.22 SUBDIVISION REGULATIONS APPLICATION.
All planned unit developments are subject to the Subdivision Regulations of the City. All subdivisions within approved R-PUD Districts shall be reviewed and approved by the Planning Commission to determine that the subdivision meets all requirements and is in conformance with the approved final PUD plan.
A sub-divider's agreement shall be fully executed before the final PUD plan is approved by Council. As a part of the sub-divider's agreement, the sub-divider shall submit a subdivision bond or an irrevocable special letter of credit (See Appendix E of the Subdivision Regulations) whichever shall be required by the City Manager and the City Engineer based on the total estimated costs, as determined by the City Engineer, of the required public improvements.
The City by and through Council, reserves the right to reject any subdivision bond or irrevocable special letter of credit which it determines to be unacceptable.
(Ord. 1992-30. Passed 8-4-92.)
1155.23 TYPICAL SECTION PRIVATE DRIVE.
The R-PUD Regulations are hereby amended to include the “Typical Section R-PUD Private Drive” dated 10-10-02 (attached to original Ordinance 2003-02.)
(Ord. 2003-02. Passed 1-2-03.)
1155.24 CRITERIA FOR CITY OWNERSHIP AND MAINTENANCE OF UTILITIES.
Upon (i) approval of the Final PUD Plan pursuant to 115.20, (ii) the construction of water and sanitary sewer utilities within the PUD in accordance with 115.22, (iii) receipt of certified as-built drawings of the installed water, sanitary, and stormwater infrastructure, (iv) execution of a Post-Construction Best Management Practice Inspection & Maintenance Agreement pursuant to the City Ordinances and Subdivision Regulations, (v) compliance with all requirements of the executed Subdividers Agreement, (vi) a recommendation by the City Engineer, and (vii) Council approval, the City shall own and maintain such utilities within the PUD. Notwithstanding the above, the City shall not be required to accept ownership of or maintenance responsibilities of any water or sanitary pump station. (Ord. 2022-57. Passed 12-21-22.)
1156.01 PURPOSE.
The Industrial Planned Unit Development District establishes a permissive zoning procedure for the development of new tracts of industrial development on a planned unit basis in accordance with an overall development plan. The intent is to be flexible in the regulation of the basic land planning, to encourage a high degree of coordinated development upon well-landscaped premises. Particular attention is devoted to design of the periphery of the development with the objective of achieving compatibility with existing and planned uses in the vicinity.
(Ord. 2003-01. Passed 1-2-03.)
1156.02 PERMITTED USES.
Permitted Uses are manufacturing and industrial uses, warehousing and distribution facilities, building materials, sales and storage yards, and similar uses which will have minimum adverse effect on their surroundings and comply with the intent of this Zoning District.
(Ord. 2003-01. Passed 1-2-03.)
1156.03 RELATION TO ZONING ORDINANCE.
Whenever there is a conflict or difference between the provisions of this chapter and those of the subdivision regulations or other chapters of this Zoning Ordinance or other ordinances of the City, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this Zoning Ordinance
(Ord. 2003-01. Passed 1-2-03.)
1156.04 MINIMUM I-PUD SIZE.
A parcel shall be at least five (5) acres in size to be developed as an Industrial Planned Unit Development.
(Ord. 2003-01. Passed 1-2-03.)
1156.05 DENSITY AND OPEN SPACE REQUIREMENTS.
Land use density shall be subject to the approval of the Planning and Zoning Commission with the following limitations:
(a) The impervious surface coverage shall not exceed eighty percent (80%) of the total site including right of ways.
(b) The Building Volume to Land Area (Building Volume Ratio) shall not exceed eight (8). Building Volume Ratio equals the volume of all buildings divided by the entire area of the development.
(Ord. 2003-01. Passed 1-2-03.)
1156.06 BUILDING ARRANGEMENT.
The I-PUD shall be developed in park-like surroundings utilizing trees as buffers to effectively screen lighting, parking areas, loading areas, docks and/or outdoor storage of raw materials or products. Thoroughfares shall be kept to a minimum in order to reduce through traffic. (Ord. 2003-01. Passed 1-2-03.)
1156.07 MINIMUM AREA, FRONTAGE, HEIGHT AND SETBACK REQUIREMENTS.
(a) Minimum area frontage and setback requirements may be varied to allow flexibility subject to the approval by the Planning and Zoning Commission. However, a minimum setback requirement of one hundred (100) feet from residential districts and parks shall be required.
(b) Minimum spacing shall also be subject to Planning and Zoning Commission approval and Applicable Fire Code regulations and requirements.
(c) No structure shall exceed thirty-five (35) feet in height. However, upon certification from the Cardinal Joint Fire District and subsequent approval by the Planning and Zoning Commission, a structure(s) may be allowed up to fifty (50) feet in height.
(Ord. 2003-01. Passed 1-2-03.)
1156.08 PERIMETER SCREENING.
(a) When any Industrial Planned Development is located adjacent to any Residential District, a minimum width of twenty (20) feet along the exterior property line shall be retained in natural woods or planting, or maintained with a dense planting of evergreens not less than six (6) feet apart on center and four (4) feet in height at the time of planting. The Planning and Zoning Commission may approve alternate screening if it determines that such screening meets the intent of this requirement.
(b) Outdoor storage areas or containers holding stored material or equipment, including trans and process waste, shall be effectively screened from adjoining properties, streets and other public areas. (Ord. 2003-01. Passed 1-2-03.)
1156.09 ILLUMINATION.
Security lighting shall be provided at all building entrances and at any other locations susceptible to forcible entry. All lighting shall be installed as to reflect light away from adjoining properties.
(Ord. 2003-01. Passed 1-2-03.)
1156.10 OFF-STREET PARKING AND LOADING/DRIVE REQUIREMENTS.
(a) Access by fire and other emergency vehicles shall not be impeded. Industrial and manufacturing plants and establishments shall have a minimum of one (1) parking space for every one thousand (1,000) square feet of floor area, plus one (1) parking space for every two (2) employees on combined work shift. Warehouses and distribution establishments shall have one (1) parking space for every five thousand (5,000) square feet of floor area plus one (1) parking space for every two (2) employees on combined work shifts. Each use shall also have one (1) loading space per each ten thousand (10,000) square feet of floor area.
(b) Private driveways within the I-PUD shall be installed in accordance with Appendix “A”. (Ord. 2003-01. Passed 1-2-03.)
1156.11 SIGNS.
(a) Permanent Signs.
(1) Location. The following types of signs shall be permitted in shopping centers, office or business complexes and multiple business buildings, subject to the provisions specified in these sign regulations.
A. Free-standing signs must be located a minimum of five (5) feet from the property line.
B. Wall signs.
C. Marquee signs.
(2) Maximum number.
A. One free-standing sign having not more than two individual sign faces, shall be permitted within a shopping center or office or business complex and multiple business building development to serve all of the businesses within such development.
B. The maximum number of wall signs and marquee signs permitted within a shopping center or office complex development shall be limited by the number of establishments located within the development. One wall sign and one marquee sign having not more than two individual sign faces shall be permitted per establishment.
(3) Maximum size.
A. The maximum permitted sign area of a free-standing sign shall be 150 square feet and in no case shall any individual sign contain more than seventy-five square feet per sign face.
B. The maximum permitted sign area of the wall sign permitted per business shall not exceed two square feet of sign area per lineal foot of width of the building or part of the building occupied by the establishment. Width shall be measured along the building face which is nearest parallel to the street line. In the case of a corner lot or location, either frontage may be used in determining the maximum permitted sign area.
C. The maximum permitted sign area of the marquee sign permitted per establishment shall be four square feet and in no case shall any individual sign contain more than two square feet per sign face.
(4) Maximum height.
A. No free-standing sign shall exceed thirty feet in height. No free- standing sign shall extend without support more than eight feet horizontally, nor within five feet of the right-of-way edge of the street next to which it is located or placed. Where a free-standing sign is located within a paved area which may be subject to vehicular or pedestrian traffic, the sign shall be:
1. Situated so as to not duly obstruct normal traffic or pathways; and
2. Have its bottom edge either within two feet of grade, or not less than nine feet above grade to provide adequate and safe clearance.
No free-standing sign shall have its supporting structure located closer than fifty feet from any R-1, R-1A, R-2, R-3, R-4, R-5,
R-PUD or R-MHP Zoning District.
B. The top edge of a wall sign shall not extend above the building on or to which it is painted, attached or supported.
(b) Temporary Signs. Construction signs, political signs, real estate signs, and religious, charitable and civic organization signs where permitted in all zoning districts shall be considered as temporary signs and shall only be permitted subject to the provisions specified in these regulations.
Construction signs. Construction signs shall be permitted in any location where current, on-going construction projects are in progress.
(1) Construction signs shall not be illuminated.
(2) One construction sign having not more than two individual sign faces shall be permitted per construction site.
(Ord. 2003-01. Passed 1-2-03.)
1156.12 INFORMAL CONSULTATIONS.
Before formal submission of the zone change request and preliminary I-PUD plan, the owner/developer shall be required to engage in consultations with the Zoning Inspector, City department representatives and the chairperson of the Planning Commission. These consultations are intended to familiarize the owner/developer with the I-PUD process and the City's general expectations concerning the specific parcel. The owner/developer shall be encouraged to provide initial planning concepts for departmental staff review. No statement or representation during the information consultation shall be binding upon the Planning Commission or Council.
(Ord. 2003-01. Passed 1-2-03.)
1156.13 INFORMAL SUBMISSION OF PRELIMINARY I-PUD PLAN.
The owner/developer shall, after consultation with the Zoning Inspector and departmental representatives, make an informal presentation of the preliminary I-PUD plan to the Planning Commission. The owner shall attend a Commission meeting in order to discuss the plan. Eight copies of the preliminary PUD plan shall be submitted to the Commission no later than fifteen (15) working days prior to the next meeting and shall include the following items:
(a) Boundaries of the tract to be developed on a planned unit basis.
(b) Base mapping of the tract showing the physical features, such as topography drainage ways, water bodies, vegetation and existing land uses.
(c) Highways and streets in the vicinity of the tract and the ingress and egress to the tract.
(d) Proposed density levels of each residential area (units per acre); total overall density.
(e) Proposed treatment of existing topography, drainage ways, tree cover and proposed storm water management plan.
(f) Proposed general location of major vehicular circulation, showing how this circulation pattern relates to the major thoroughfare plan.
(g) Proposed arrangement of required open space.
(h) Time schedule of projected development.
Within thirty (30) days of the information presentation, the Commission shall provide to the owner/developer a report of comments and concerns regarding the preliminary PUD plan. This report is intended to provide the owner/developer with the information needed to improve the proposal's chances for a favorable recommendation by the Commission.
(Ord. 2003-01. Passed 1-2-03.)
1156.14 FORMAL SUBMISSION OF PRELIMINARY I-PUD PLAN AND ZONE CHANGE REQUEST.
(a) The owner/developer shall consider the suggestions made by the Planning Commission. After making the appropriate changes, the owner/developer shall formally submit the preliminary I-PUD plan (eight copies) and the zone change request to the Zoning Inspector at least fifteen (15) working days prior to the next meeting. The preliminary I-PUD plan shall be placed on the agenda for the next regular meeting of the Commission. The Zoning Inspector shall develop the appropriate legislation for the first reading of the zone change request ordinance for the next regular Council meeting. The zone change request shall include all of the information normally required under Section 1131.03.
(b) The format submission shall be accompanied by a non-refundable fee of two thousand dollars ($2,000) to cover administrative costs and plan review costs by the City Engineer. (Ord. 2003-01. Passed 1-2-03.)
1156.15 COUNCIL REFERRAL TO PLANNING COMMISSION.
Immediately after the first reading by Council, the zone change request shall be referred to the Planning Commission for recommendation.
(Ord. 2003-01. Passed 1-2-03.)
1156.16 PLANNING COMMISSION CONSIDERATION.
The Planning Commission shall consider the following factors in making its recommendation to Council:
(a) That the I-PUD District is in conformance with the Comprehensive Plan.
(b) That each individual stage of development shall not exceed the maximum density proposed for the planned unit development landholding as a whole.
(c) That the use proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts.
(d) That the areas proposed shall be used only for industrial purposes and the usual accessory areas.
(e) That the internal private drives that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated in the major thoroughfare plan and be able to withstand anticipated loads.
(f) That the minimum common open space area has been designated and shall be duly transferred to a legal entity as herein provided.
(g) That the preliminary I-PUD plan is consistent with the intent and purpose of this Zoning Ordinance, to promote public health, safety and general welfare of the residents of the Municipality.
(h) Whether or not curbing is appropriate.
(Ord. 2003-01. Passed 1-2-03.)
1156.17 PLANNING COMMISSION RECOMMENDATION.
Within thirty days from the date of Council referral, the Secretary of the Planning Commission shall provide a written recommendation to Council regarding the preliminary I-PUD plan and zone change request. In this recommendation, the Commission may by motion:
(a) Recommend approval of the preliminary I-PUD plan and zone change request.
(b) Recommend approval with certain modifications, revisions or restrictions.
(c) Recommend disapproval of the preliminary I-PUD plan and zone change request.
(Ord. 2003-01. Passed 1-2-03.)
1156.18 COUNCIL PUBLIC HEARING.
Within thirty days of the receipt of the Planning Commission recommendation, Council shall hold a public hearing on the preliminary PUD plan and zone change request. Notice of the hearing shall be published at least fifteen days prior to the hearing date. Hearing notice requirements shall follow the rules established in Section 4.13 of the Charter of the City of Canfield. (Ord. 2003-01. Passed 1-2-03.)
1156.19 COUNCIL ACTION.
Within thirty (30) days after the hearing date, Council shall take action regarding the preliminary I-PUD plan and zone change request. In considering the I-PUD proposal, Council shall evaluate those same factors considered by the Planning Commission in Section 1155.12.
If the Commission recommends approval of the I-PUD, approval by Council requires only three-fifths majority vote. If Council adds or deletes modifications or limitations and thus changes the preliminary plan approved by the Commission, passage requires a three-fifths majority vote of Council.
If the Commission recommends disapproval of the I-PUD, passage by Council requires four-fifths majority.
Approval of the preliminary I-PUD plan and zone change request shall be limited to the general acceptability of the land uses proposed, the general arrangement of the development and the interrelationship of uses and the density level. The approval does not endorse precise locations of uses, exact parcel configuration or engineering feasibility. Approval of the preliminary I-PUD plan and zone change request shall constitute the creation of a separate I-PUD District. The I-PUD District is applicable only to the specific approved preliminary I-PUD plan. Any new preliminary I-PUD plan or any major changes to the approved plan shall require reconsideration by the Commission and by Council.
At the time of adopting any ordinance establishing an R-PUD District, Council shall make appropriate arrangements with the owner/developer which will ensure the accomplishment of the public improvements and reservation of the common open space as shown on the approved preliminary I-PUD plan.
(Ord. 2003-01. Passed 1-2-03.)
1156.20 FINAL I-PUD PLAN SUBMITTAL.
The owner/developer shall submit a final I-PUD plan to the Planning Commission within one year of Council's approval of the I-PUD zone change. If no final I-PUD plan is submitted within one year, the I-PUD zone change shall become null and void and the property shall revert to its former zoning classification.
(Ord. 2003-01. Passed 1-2-03.)
1156.21 REQUIRED CONTENTS OF THE FINAL I-PUD PLAN.
Once the I-PUD Zoning District and the preliminary PUD plan have been approved by Council, the owner/developer shall proceed with the preparation of the detailed final I-PUD plan. The detailed final I-PUD plan shall be reviewed and approved by the Planning Commission and Council prior to the issuance of any zoning certificate by the Zoning Inspector. When the individual stage being reviewed is located within the D-Design Area or Historical Area as shown on the Design Area Map, the Design Review Committee and/or Historical Preservation Area Review Committee shall participate in the review process with the Commission.
The detailed final I-PUD plan shall be prepared for the owner/developer and shall bear the original signature, and/or original seal of the professionally competent professional engineer, architect or landscape architect; shall be in accordance with the approved preliminary I-PUD plan; and shall include the following:
(a) Survey of the tract to be developed showing existing physical features, general topography, drainage ways and tree cover and streets, easements and utility lines.
(b) Detailed site plans showing lot lines, building outlines, off-street parking spaces, pedestrian walkways and vehicular circulation.
(c) Preliminary building plans, including floor plans and exterior elevations.
(d) Landscaping plans including quantity, size and varieties of landscaping.
(e) Specific detailed engineering plans, including site grading, street improvements, drainage and utility improvements, and extensions as necessary.
(f) All necessary legal documentation relating to the organization of the legal entity created for the purpose of maintaining the required common open space included within the planned unit development.
(g) Copies of any restrictive covenants that are to be recorded.
After submittal the Commission may make suggestions to the owner/developer regarding modifications which would improve the likelihood of approval of the final I-PUD plan. The owner/developer may modify the final I-PUD plan before a final action is taken by the Commission. The owner/developer may withdraw the submission of the final I-PUD plan if additional time is needed for the modifications.
(Ord. 2003-01. Passed 1-2-03.)
1156.22 PLANNING COMMISSION AUTHORITY ON THE FINAL I-PUD PLAN.
The Planning Commission has the authority to approve the final I-PUD plan only if the final I-PUD plan is in conformance with the preliminary I-PUD plan approved by Council. Additional factors to be considered by the Commission shall include:
(a) That the proposed detailed final I-PUD plan for the individual section of the overall I-PUD District is in conformance with the approved preliminary I-PUD plan and the Comprehensive Plan map and text of the Municipality.
(b) That each individual stage of the planned unit development can exist as an independent planned unit development which is capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective can be obtained.
(c) That any part of the planned unit development not used for structures, parking and loading areas or streets, shall be grassed, landscaped or otherwise improved, or if approved by the Commission, left in its natural state.
(d) That any exception from the standard requirements of this Zoning Ordinance is warranted by the design and amenities incorporated in the detailed final I-PUD plan, in accordance with the adopted policy of the Commission and Council.
(e) That the internal private drives proposed are suitable and adequate to accommodate the anticipated traffic within and through the development.
(f) That the detailed final I-PUD plan is consistent with the intent and purpose of this Zoning Ordinance to promote public health, safety and general welfare of the residents of the Municipality
(Ord. 2003-01. Passed 1-2-03.)
1156.23 MAJOR CHANGES.
The Planning Commission may not approve the final I-PUD plan if it is determined that the final plan includes major changes from the preliminary I-PUD plan. Major changes shall include, but are not limited to:
(a) An increase in overall density.
(b) Changes in the outside boundaries of the planned unit development landholding.
(c) Changes in the location or amount of land designated for specific land uses, including open space.
(d) Changes in the internal private street locations or alignments.
(Ord. 2003-01. Passed 1-2-03.)
1156.24 PLANNING COMMISSION ACTION ON THE FINAL I-PUD PLAN.
Within forty-five days of the formal submittal of the final I-PUD plan, the Planning Commission shall, by motion, make a decision regarding the final I-PUD plan. In making this decision, the Commission shall, by motion, determine that either:
(a) The final I-PUD plan is in basic conformance with the Preliminary I-PUD plan and meets the requirements of Section 1156.22 and is approved
(b) The final I-PUD plan includes major changes from the preliminary I-PUD plan or otherwise fails to meet the requirements of Section 1156.23 and is disapproved. In its written response to the owner/developer, the Commission shall identify the major changes or other problems in question. The owner/developer may revise the final I-PUD plan to bring it into conformance with the approved preliminary I-PUD plan and formally resubmit it for reconsideration by the Commission.
(Ord. 2003-01. Passed 1-2-03.)
1156.25 APPEAL OF A PLANNING COMMISSION DETERMINATION ON A FINAL I-PUD PLAN.
If the Planning Commission disapproves the final I-PUD plan, the owner/developer may submit a written appeal of the Commission's decision to Council. Approval of the final I-PUD plat by Council shall require a majority vote thereof. However, Council may not approve a final I-PUD plan which includes a major change as defined in Section 1156.23.
(Ord. 2003-01. Passed 1-2-03.)
1156.26 SUBDIVISION REGULATIONS APPLICATION.
All planned unit developments are subject to the Subdivision Regulations of the City. All subdivisions within approved I-PUD Districts shall be reviewed and approved by the Planning Commission to determine that the subdivision meets all requirements and is in conformance with the approved final I-PUD plan.
A subdivider’s agreement shall be fully executed before the final I-PUD plan is approved by Council. As a part of the subdivider's agreement, the subdivider shall submit a subdivision bond or an irrevocable special letter of credit (See Appendix E of the Subdivision Regulations) whichever shall be required by the City Manager and the City Engineer based on the total estimated costs, as determined by the City Engineer, of the required public improvements.
The City by and through Council, reserves the right to reject any subdivision bond or irrevocable special letter of credit which it determines to be unacceptable.
(Ord. 2003-01. Passed 1-2-03.)
1157.01 GENERAL PROVISIONS.
(a) The standards and procedures for the approval of an R-MHP mobile home park development plan are specified in Section 1141.10 and as provided in this chapter.
(b) No person may apply for a zoning certificate and building permit for a Mobile Home Park without first obtaining approval from the Ohio Environmental Protection Agency.
(c) Mobile homes, travel trailers, boats and house vehicles shall not be used as living quarters, except that mobile homes may be occupied within a mobile home park.
(d) Any mobile home in a mobile home park must be permanently affixed to the ground. No person shall occupy or sleep in any mobile home unless they meet the requirements of this chapter, and those stated in Section 1141.10.
(Ord. 1973-44. Passed 12-18-73.)
1157.02 REQUIREMENTS AND FILING PROCEDURES FOR MOBILE HOME PARKS.
The owner/developer shall file a mobile home park plan for proposed mobile home park with the Planning Commission. The mobile home park plan shall include and specify the information required in this chapter and in Section 1141.10 and shall contain the following text and map information:
(a) The proposed location, site size, total number of mobile home sites to be developed, the production schedule for the development.
(b) Proposed location, size and use of the nonresidential portions of the tract, including usable open space, parklands, playgrounds and other areas and spaces, including their suggested ownership.
(c) Proposed provisions for water, sanitary sewer, surface drainage and fire protection facilities, including engineering feasibility studies or other pertinent information.
(d) Proposed traffic circulation pattern, including location of private streets, walks and other access-ways showing their relationship to existing streets and topographic features.
(e) Information on the use or re-use of existing features such as topography, drainage- ways, tree cover, structures, streets and easements.
(f) Names and addresses of the owners of all properties lying within 200 feet of any part of the R-MHP tract proposed for development approval.
(g) Deed restrictions, covenants, easements and encumbrances to be used to control the use, development and/or maintenance of the zoning tract.
(Ord. 1973-44. Passed 12-18-73.)
1157.03 DESIGN STANDARDS.
The tract of land to be developed as a mobile home park shall contain a minimum of fifteen acres, and shall be served by public water and sanitary sewers.
Before a mobile home park may be occupied, it shall be a condition that at least one-third percent of the mobile home lots be completed and ready for occupancy, which completion shall include, but not be limited to, the installation of all roadways and drives, sidewalks, lighting, public utilities, service and management buildings serving the sites to be occupied. Before any site may be occupied, all facilities required for serving the site with emergency vehicles shall be completed.
(a) Lot Size. Every mobile home hereafter placed in a mobile home park shall be on a space or lot having an area of not less than 10,890 square feet; and every mobile home park shall contain a density of not more than six mobile homes per gross acre.
(b) Lot Covering. Each mobile home dwelling, including accessory buildings, garages and porches, shall not cover more than forty percent of the area of the mobile home space or lot on which it is placed.
(c) Placement. Every mobile home placed on a mobile home space or lot shall front upon an interior drive within the mobile home park.
(d) Floor Area. Every mobile home dwelling hereafter placed upon a mobile home space or lot shall have a total ground floor area of not less than 1,200 square feet measured from the outside exterior walls including utility rooms, but excluding open porches, breezeways and garages.
(e) Height. No mobile home, accessory or related use shall exceed one story or fifteen feet in height.
(f) Yard Requirements. No mobile home shall be placed on a mobile home space or lot unless the following yards are provided and maintained in connection with such mobile home dwellings:
(1) Front yard. Each mobile home space or lot shall have a front yard of not less than fifty feet.
(2) Side yard. Each mobile home space or lot shall have a side yard on each side of not less than fifteen feet, except for corner spaces or lots which shall be not less than twenty feet.
(3) Rear yard. Each mobile home space or lot shall have a rear yard of not less than twenty feet.
(g) Streets, Sidewalks and Parking.
(1) Every mobile home park shall provide a main entrance drive not less than thirty-six feet wide. All other drives shall be of a width and design necessary for the use required as determined by the Municipal Engineer, except that no drive shall have a usable travel width less than twenty-four feet.
(2) All drives shall be protected at the edges by curbs, gutters or other suitable edging as necessary to provide for the stabilization of the pavement and adequate drainage.
(3) All mobile home space or lots shall abut a driveway.
(4) Every mobile home park shall contain common walkways not less than three feet wide where pedestrian traffic is concentrated for the safety and convenience of the pedestrian. Driveways, not including walks, shall be graded in such manner that walks can be added later. Individual walks from each mobile home stand to its paved parking shall also be provided.
(5) Within the boundary of each mobile home space or lot there shall be two paved parking spaces not closer than three feet to the mobile home dwelling, nor closer than ten feet from any mobile home dwelling on an adjoining space or lot.
(h) Utility Requirements.
(1) Water. Every mobile home park shall be served by public water.
(2) Fire protection. For fire protection purposes, there shall be domestic water under adequate pressure in standard fire hydrants approved by the Municipal Engineer, which hydrants shall be located within 500 feet of every mobile home space or lot within the mobile home park.
(3) Sanitary Sewers. Every mobile home park shall be served by the Municipal sanitary sewerage system.
(4) Storm drainage. Adequate storm drainage for each mobile home lot shall be provided.
(5) Refuse collection. Where refuse collection is not provided by the Municipality, carried out on an individual lot basis, there shall be refuse disposal receptacles located within 200 feet of each mobile home space or lot. The type, size and location of such receptacles shall be approved by the Municipality.
(6) Petroleum gas or fuel. When petroleum gas or fuel is used in the mobile home park, the containers for such gas or fuel shall be the container approved by the Municipality.
(7) Fuel oil supply. When fuel oil systems are used, they shall be installed and maintained in accordance with applicable state and local codes and regulations. All fuel oil storage containers, barrels, tanks or cylinders and piping to the mobile homes shall be securely fastened in place and protected against physical damage.
(8) Natural gas system. When natural gas piping systems are used, they shall be installed underground in accordance with applicable codes and regulations and public utility standards. Each mobile home lot provided with piped natural gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved method to prevent accidental discharge of gas when the outlet is not in use.
(i) Mobile Home Stand and Skirts. Each mobile home dwelling shall be placed on and have its four corners supported by and anchored to a concrete foundation designed to carry the load placed thereon. Rigid skirts designed to screen and seal the space between the mobile home and its concrete foundation shall be installed within sixty days from the time that the mobile home is placed on the space or lot.
(j) Communal Facilities. In all mobile home parks, the following facilities shall be provided and available to residents:
(1) Management and maintenance offices including storage facilities for groundskeeping equipment.
(2) Laundry and drying facilities in a permanent structure which shall be in a convenient, accessible location.
(3) Safe, usable, conveniently located recreation area or areas shall be located in each mobile home park, and shall comprise an area equal to eight percent of the gross area of the mobile home park tract,
(k) Peripheral Buffer. All mobile home park tracts which are adjacent to an R, R/O or A-1 Zoning District shall provide a fifty foot wide planting strip which extends along all outside boundaries contiguous to the R, R/O or A-1 Zoning District. The strips shall be planted with trees and shrubs that will provide a dense screen at all times, and shall be maintained in good condition by the owner.
(Ord. 1973-44. Passed 12-18-73.)
1157.04 CONDITIONS OF APPROVAL.
The basis for the approval of a mobile home park application shall be:
(a) That the proposed development is consistent in all respects with the purpose, intent and applicable standards of this Zoning Ordinance.
(b) That the proposed development meets all the minimum requirements specified in Section 1157.03.
(c) That the proposed development is in conformity with the comprehensive plan or portion thereof as it may apply.
(d) That the proposed development advances the general welfare of the Municipality and the immediate vicinity.
(e) That the design character and improved site arrangement justify the location and size proposed in the development.
(f) That the utilities to serve the proposed development have been approved by the Municipality and the Ohio Environmental Protection Agency.
(g) The development plan approval shall be for a period of one year to allow construction to be substantially started in accordance with the mobile home park plan, with evidence that construction will be completed within a reasonable length of time. Unless construction, as described, is initiated within the one year time limit the approval shall be voided and all the land shall revert to the last previous zoning district, except when an application for a time extension has been submitted and approved by the Planning Commission.
(h) The Commission, upon making an affirmative finding with regard to the above criteria, may authorize the Zoning Inspector to issue a zoning certificate to the owner/developer. The Inspector must subsequently determine that all the required improvements have been installed prior to permitting the mobile home park to be occupied. (Ord. 1973-44. Passed 12-18-73.)
1159.01 ARCHITECTURAL CHARACTER REQUIREMENTS.
(a) The main building of an institutional or commercial use shall have an architectural character consistent with its public nature and with the existing historic architecture in the Design Review District. It shall be easily distinguished from residential buildings.
(b) The architecture of a commercial building may not act as a recognizable logo for a national corporation or franchise. The building architecture is deemed to be a “logo” when the specific business occupying the proposed building could still be easily identified if all the allowable signs were to be removed. (Ord. 2018-28. Passed 8-15-18.)
1159.02 REQUIREMENTS.
The following criteria shall be applied to all areas included within areas under the jurisdiction of the D-Design Area as shown on the Design District Map.
(a) Structures and uses of land in any D-Design Area shall be harmonious in their construction and architectural treatment, thus preserving the same or a similar aesthetic character throughout the zone.
(b) The relationship of a proposed structure to existing structures or uses of land and the relationship to plantings and the protection of existing trees or other planting or monuments shall be of primary consideration.
(c) Where signs may be a normal feature required within a D-Design Area, these identifications, business or other signs shall be included within the design considerations and shall harmoniously blend into the overall resulting character of the zone.
(d) Unless otherwise approved, utilities shall be concealed underground.
(e) Where a D-Design Area is related to an existing or proposed park, the abutting properties shall be developed in a manner which will enhance and maintain the park-like appearance of the zone. (Ord. 1973-44. Passed 12-18-73.)
1159.03 PROCEDURE.
The procedures to be applied in the D-Design Area are stated in Chapter 1129.
(Ord. 1973-44. Passed 12-18-73.)
1161.01 GENERAL REQUIREMENTS.
(a) All buildings, structures and uses shall provide off-street parking and/or off-street loading facilities on the same lot, in accordance with the provisions specified in this Zoning Ordinance, and all applicants for a zoning certificate, application for development plan approval (R-5, three to four family or multiple family residential development; R-PUD planned unit developments) or conditional use permit shall include with their application a plot plan drawn to scale showing the location and arrangement of any off-street parking and/or loading and required planting trees as required by this Ordinance. In addition, the plot plan shall show:
(1) North arrow;
(2) Scale;
(3) Location, dimensions and labeling of all existing driveways, buildings, paved areas, fences, roof overhangs, streets and alleys and sidewalks;
(4) Location and labeling of all fire hydrants, trees and other objects on public property along the site boundaries;
(5) Necessary profile and elevations to insure that grades and drainage are adequately handled;
(6) Location of all required planting areas and the type and location of plant materials that will be used in the landscaping of the parking lot, in accordance with the provisions specified in Section 1161.04(d).
(Ord. 1993-14. Passed 2-16-93.)
(b) At least one required parking space for each residential use must be within a garage structure with a minimum of three sides enclosed and which complements the architectural style of the residential structure it services.
(c) Except for dwellings, no off-street parking area provided hereunder shall be less than 1,050 square feet in area. Parking spaces located within a garage structure, or on a driveway, exclusive of sidewalk, driving lanes and driveway apron, may be computed as off-street parking spaces.
(d) All required off-street parking and loading areas shall be solely for the parking and loading and unloading of operable motor vehicles, of patrons, occupants or employees of such uses and are not to be used to store inoperative vehicles or for motor vehicle repair work or service of any kind, except for emergency repairs.
(e) Each required off-street parking or loading space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such space. Such aisle or driveway shall not be used for the parking of other vehicles, except that the driveway of a single family residence may be counted as one parking space.
(Ord. 1973-44. Passed 12-18-73.)
(f) All required parking spaces, loading spaces and facilities shall be located off-street on the same lot as the building or use being served, and may occupy all or any part of any required side or rear yard area except that no loading area shall be located closer than fifty feet to any lot in any R District, unless wholly enclosed within a building.
(Ord. 1993-14. Passed 2-16-93.)
(g) All open off-street parking areas shall be separated from public rights of way by a space at least five feet in width, and a six inch high curb shall be provided on the parking lot side of the five foot width. All open off-street parking areas shall be separated from the principal building by a six inch high curb so as to maintain unobstructed a three foot corridor between the building and the parked vehicle.
(h) An unobstructed cone of vision shall be provided at exits from parking lots and/or garages so that pedestrians and other vehicular traffic can be properly seen. This cone shall be determined by a point eight feet behind any sidewalk or walk area or a point twenty feet from the edge of the through roadway, whichever provides the larger field of vision. Any landscaping, fencing or walls located closer than eight feet from the nearest sidewalk line or twenty feet from the nearest roadway edge shall not exceed twenty-four inches in height along any side having a driveway exit to a street. (Ord. 1995-28. Passed 5-17-95.)
(i) The parking of a recreational vehicle, boat trailer and/or travel trailer or utility trailer in a residential area is prohibited except when:
(1) Such vehicle is intended for pleasure purposes only, and is not part of a business; and
(2) Such vehicle is uninhabited; and
(3) Such vehicle is parked in the rear or side yards; and
(4) Such vehicle is at least five feet from any adjoining property line.
However, nothing contained herein shall prohibit the parking of a recreational vehicle in violation of subsection (i)(1) to (4) hereof for a period of time not to exceed four (4) days for cleaning, loading, unloading, minor maintenance, or preparation of the recreational vehicle for recreational use or storage.
(Ord. 2021-56. Passed 11-17-21.)
(j) A property owner who has failed to comply with subsection (i) herein shall receive a notice of violation in compliance with Section 1125.04(e). The notice shall state the nature of the violation and identify the measures necessary to correct the violation. The notice shall also state that there will be no further warnings for subsequent violations, and that subsequent violations shall cause a citation to be issued and penalties to be levied in accordance with Section 1133.99. The Zoning Inspector shall not be required to comply with the notice provisions of Section 1125.04(e) for violations subsequent to the notification of a violation of subsection (i) hereof as provided for herein. (Ord. 1995-28. Passed 5-17-95.)
(k) Loading facilities shall be designed so that trucks do not back in or out of major streets or use any street for parking.
(l) Truck facilities shall include off-street parking areas for trailers awaiting pick-up or arriving after hours.
(Ord. 1973-44. Passed 12-18-73; Ord. 1995-28. Passed 5-17-95.)
(m) (1) In all zoning districts within the Municipality, no resident or property owner shall park, or allow to be parked, any vehicle upon front yard areas as defined in Section 1123.01(121). Except that parking or standing of a vehicle is permitted on a portion of a front yard that is a driveway, graded and provided with a hard surface of granulated material, asphalt, portland cement concrete, brick or decorative stone. Nothing contained herein shall alleviate other parking or standing restrictions contained in these Codified Ordinances with regard to recreational vehicles, boat trailers and/or boats, travel trailers and utility trailers.
(Ord. 2022-10. Passed 3-2-22.)
(2) A property owner who has failed to comply with subsection (m)(1) hereof shall receive a notice of violation in accordance with Section 1125.04(e). The notice shall state the nature of the violation, and identify the measures necessary to correct the violation. The notice shall also state that there will be no further warnings for subsequent violations, and that penalties will be imposed for subsequent violations. Any violation subsequent to receipt of such notice shall cause a citation to be issued and penalties to be levied in accordance with Section 1133.99. The Zoning Inspector shall not be required to comply with notice provisions of Section 1125.04(e) for violations subsequent to notification after violation of subsection (m)(1) hereof.
(Ord. 1993-55. Passed 11-3-93; Ord. 1995-28. Passed 5-17-95.)
1161.02 OFF-STREET PARKING REQUIREMENTS.
Off-street parking spaces shall be provided in all non-R zoning districts in accordance with the schedule outlined below. Requirements for any use not specified in this Ordinance shall be the same as for a similar permitted use in the particular zoning district, as determined by the Zoning Inspector.
Use
Minimum No. of Spaces Required
(a) Dwelling & Lodging Uses:
(1) One, two, three, four and
multiple-family dwellings unit
2.0 parking spaces per dwelling
(2) Housing for the elderly
1.0 parking space per dwelling unit
(3) Motels, hotels, bed and breakfast
1.2 parking space for each sleeping room plus parking spaces as required for restaurants, assembly room and related facilities
(b) Business & Commercial:
(1) Agricultural implement sales and
service
1.0 parking space for every 1,000
sq. ft. of enclosed floor area and 1.0
for every 3,000 sq. ft. open lot area
(2) Air conditioning/heating/plumbing/
roofing services
1.0 parking spaces for every business
vehicle and 1.0 parking spaces for
every 300 sq. ft. of floor area
(3) Bakery shops, furniture and
appliance stores, groceries and
supermarkets, hardware stores,
ice cream stores, indoor retail
businesses, pet shops, animal
hospitals, veterinary clinics, kennels,
repair shops, skating rinks, variety
stores
1.0 parking space for every 200 sq. ft.
of floor area for establishments having
less than 2,000 sq. ft. of floor area and
1.5 parking spaces for every 200 sq. ft.
of floor area for establishments having
more than 2,000 sq. ft. of floor area
(4) Banks and savings and loan
associations and financial
institutions
1.0 parking space for every 200 sq. ft.
of floor area plus 1.0 parking space for
every employee
(5) Equipment rental
1.0 parking space for every 1,000 sq. ft.
of floor area
(6) Funeral home or mortuary
Not less than 25 spaces with 1.0 parking
space per every 50 sq. ft. of public floor
area plus 1.0 parking spaces for every
two (2) employees and 1.0 business
vehicle parking
(7) Home occupation
1.0 additional parking space
(8) Laundromat
1.0 space for each two washing or
cleaning machines
(9) Restaurants:
A. Carry-out restaurants
1.0 parking space for every 90 sq. ft.
of floor area with a minimum of 15
spaces
B. Drive-in restaurants
1.0 parking space for every 30 sq. ft.
of floor area with a minimum of 15
spaces
C. Sit-down restaurants
1.0 parking space for every 50 sq. ft. of
floor area plus 1.0 parking space for each
employee.
(10) Automobile service stations,
repair garages, automobile,
washer
1.0 parking space for each employee
plus 2 parking spaces for each
service stall with a minimum of 6.0
parking spaces
(11) Personal Services
1.0 parking space for every 50 sq. ft. of
floor area plus 1.0 parking space for each
employee.
(12) Automobile Dealers
1.0 parking space for every 200 sq. ft. of
floor area for establishments having less
than 2,000 sq. ft. of floor area and 1.5
parking spaces for every 200 sq. ft. of
floor area for establishments having more
than 2,000 sq. ft. of floor area.
(13) Garden, landscape yard
centers, and retail greenhouses
1.0 space for every 30 sq. ft. but not
less than 20 spaces.
(14) Building and related Trades
1.0 parking space for every 200 sq. ft. of
retail space plus 1.0 parking space for
each employee.
(c) Office:
(1) Administrative business or business
Office
1.0 parking space for every 250 sq. ft.
of office space but not less than 2.0
parking spaces for every office
(d) Medical & Health:
(1) Nursing homes, shelter care homes,
rest homes, convalescent homes
1.0 parking space for every 4 beds
(2) Hospitals
1 space for each two beds plus 1 space
for each two employees and staff on
the combined major work shifts
(3) Dental clinics and offices
2 spaces for each examination or
treatment room, plus 1 space for each
dentist and other employee
(4) Medical clinics and offices
3 spaces for each examination or
treatment room, plus 1 space for each
doctor and other employee
(e) Education:
(1) Elementary and junior high schools
1.0 parking space for every 25 class
(public or private) room seats, or
1.0 parking space for every 3.5 seats in
the main auditorium, whichever is greater.
(2) High schools (public or private)
1.0 parking space for every 5 students
based upon maximum design capacity of
the building, or 1.0 parking space for
every 5 seats in the main auditorium,
whichever is greater
(3) Kindergartens
3 parking spaces for every 10 children
(4) Nursery schools and day care
centers
2 parking spaces for every 10 children
(5) Commercial Schools
1 parking space for every student based
on maximum design capacity plus 1.0
parking space for each employee
(f) Recycling, Civic and Religious:
(1) Bowling alleys
4.0 parking spaces for each bowling
alley plus such additional space as may
be required for affiliated uses
(2) Private club or lodge or assembly
halls without fixed seats; veterans,
business, civic and fraternal
organizations
1.0 parking space for every 50 sq. ft.
of floor area in the auditorium,
assembly or meeting room plus 1.0 parking
space for every 200 sq. ft. for other
floor area
(3) Auditoriums, assembly halls,
sports arenas with fixed seats
1.0 parking space for every 3.5 seats
(4) Libraries, museums, art galleries
1 space for each 300 sq. ft. of floor
area
(5) Places of public assembly including
churches, synagogues, gymnasiums
1.0 parking space for every 5 seats
(6) Recreation and amusement facilities,
community or private recreation
clubs or swimming facilities
1.0 parking space for every 5 customers
(maximum capacity) and 1.0 parking
space for every 2 employees
(7) Theaters
1.0 parking spaces for every 3.5 seats
(g) Industrial and Warehousing:
(1) Industrial and manufacturing plants
and wholesale establishments
1.0 parking space for every 300 sq. ft.
of floor area
(2) Warehouse and distribution
establishments
1.0 parking space per every 10,000
sq. ft. of floor area; plus 1.0 parking
space per every 2 employees on the
combined work shifts
(Ord. 1973-44. Passed 12-18-73.)
1161.03 OFF-STREET LOADING REQUIREMENTS.
In connection with every building or part thereof hereafter erected, except dwellings, there shall be provided, on the same lot with such buildings, off-street loading spaces or berths, for uses which customarily receive or distribute material or merchandise by vehicle. Requirements for any use not specified in this Zoning Ordinance shall be the same as for a similar permitted use in the particular zoning district, as determined by the Zoning Inspector.
If the commercial or industrial establishments are such that shipping and/or receiving goods are not an integral part of the business, the requirements listed below may be varied or waived by the Zoning Inspector.
Use
No. of Spaces Required
(a) Business and Commercial
1.0 loading space for first 10,00 sq. ft.
of floor area; and 1.0 loading space
for each additional 20,000 sq. ft. of
floor area
(b) Office:
1.0 loading space for the first 2,500-75,000
sq. ft. of floor area and 1.0 loading space
for each additional 25,000 sq. ft. of floor
area
(c) Medical and Health (hospitals,
clinics, nursing homes):
Same as Office
(d) Manufacturing, Industrial and
(1) Warehousing uses:
(2) Industrial plant
1.0 loading space per every 10,000 sq.
ft. of floor area
(3) Warehouse and wholesale
1.0 loading space per every 7,500 sq. ft.
of floor area
(Ord. 1973-44. Passed 12-18-73.)
1161.04 PARKING AND LOADING DESIGN-STANDARDS.
(a) Dimension. Each parking stall shall be a minimum size of ten feet by twenty feet exclusive of aisles, drives and obstructions. Aisles shall be twenty-four feet minimum for two-way traffic with parking on both sides and twenty feet minimum for one-way traffic with parking on one or both sides. However, where the principal structure on the lot served by the aisle way is a residential structure, aisles of twelve foot minimum for two way traffic with parking on both sides and ten foot minimum for one way traffic with parking on one or both sides shall be allowed. Head-in parking should allow three feet of car overhanging adjacent to a building or curb. Rear overhang normally amounts to four and one-half feet.
(1) In all cases, a minimum clear distance of three feet shall be provided when parking is adjacent to a building.
(2) Each off-street loading space for over the road tractor trailers shall include a twelve foot wide stall, sixty foot stall depth, sixty foot maneuvering apron and a fifteen foot vertical clearance. For City delivery trucks, a twelve foot stall width, thirty foot depth, thirty foot apron and a twelve foot vertical clearance shall be provided.
(3) Driveways having relatively high volumes of large trucks shall be provided with radii of twenty-five feet plus widths of thirty to forty feet so that entry and exit can be made without encroachment beyond the curb lane of the abutting street.
(b) Surfacing. All open parking and loading spaces, except a required parking space accessory to a single-family dwelling, shall be graded and provided with a hard surface of bituminous asphalt or Portland cement concrete. All paved areas shall be separated from all unpaved areas by six inch high curbing.
(c) Drainage. All open, off-street parking and loading areas shall be provided with adequate drainage facilities as approved by the Municipal Engineer, in order to ensure that storm water does not flow onto abutting property or abutting sidewalks in such a way or quantity that adjoining owners or users of the sidewalk would be detrimentally affected or inconvenienced.
(d) Screening and Landscaping.
(1) When any open off-street parking or loading area used for any nonresidential purpose containing more than two spaces is not separated from a residential district by a dedicated street, an effective buffer or screen, consisting of a solid wall, fence, landscaped earth mound or view- obscuring dense planting of evergreen shrubs, hedge tree-line, mass tree planting or various combinations thereof, shall be provided at the lot lines adjoining such residential district to protect the privacy of the adjoining residential uses. Such wall, fence or earth mound, shall be not less than four feet or more than six feet in height, or may be higher if necessary to provide visual privacy for the adjacent residential property owner, and shall be maintained in good condition by the owner. Exception to this height requirement occurs at the immediate exit point from the parking or loading area as shown in Section 1161.01(g).
(2) Where the principal structure served by a parking area is a residential structure, parking shall be prohibited in the front yard area. In other instances where required parking areas are developed in the front yard or along street frontage, a fifteen foot planting area shall be provided between the property line and the parking area. Such planting area shall be planted with grass or evergreen ground cover and shall be landscaped with flowers, trees and/or shrubs and be maintained in good condition by the owner. Plantings which are diseased or dead shall be removed and replaced with healthy specimens.
(3) All off-street parking or loading areas which provide parking spaces for fifteen vehicles or more shall have planting areas incorporated into their design. A minimum area equal to five percent of the total paved parking lot area shall be provided, with no individual planting area consisting of less than 200 square feet, or having a minimum dimension less than ten feet. Such areas shall be located so as to break up the visual appearance of the parking lot, and shall be shown on the plans which are submitted by the applicant for a zoning certificate, application for development plan approval or conditional use permit in accordance with the provisions specified in this Zoning Ordinance. All such planting areas shall be separated from paved areas by means of a six inch high curb.
(4) All open off-street parking or loading areas which are unusable, either for parking or for traffic, shall be landscaped with plantings of grass, flowers, shrubs and/or trees, which shall be maintained in good condition by the owner. Plantings which are diseased or dead shall be removed and replaced with healthy specimens. All tree lawns shall be landscaped and/or planted with grass, and maintained in good condition by the owner, in such a way as to clearly distinguish their separation from adjacent public streets or private drives.
(Ord. 2007-11. Passed 4-18-07.)
1161.05 PARKING OF MOBILE STORAGE UNITS.
(a) Parking of a mobile storage unit in any residential district outside of an enclosed garage or other accessory building longer than seventy-two hours shall be prohibited. The parking of a mobile storage unit for less than seventy-two hours outside of an enclosed garage or another accessory building shall be permitted only after the Zoning Inspector has been notified of such intention.
(b) A property owner who failed to comply with subsection (a) hereof shall receive a notice of violation in compliance with Section 1125.04(e). The notice shall state the nature of the violation and identify the measures necessary to correct the violation. The notice shall also state that there shall be no further warnings for subsequent violations and that any subsequent violations shall cause a citation to be issued and penalties levied in accordance with Section 1133.99. The Zoning Inspector shall not be required to comply with the notice provisions of Section 1125.04 for violations subsequent to the initial notification of a violation of subsection (a) hereof.
(c) For purposes of this section, “mobile storage unit” shall mean any device or item on wheels, skids, rollers or blocks, or which is otherwise designed to be mobile and used to store, deposit or accumulate personal property. Notwithstanding the above, “mobile storage unit” shall not include portable trash or construction debris receptacles temporarily placed on a property during construction, remodeling or reconstruction on the property.
(Ord. 2008-16. Passed 7-9-08.)
1163.01 MINIMUM STANDARDS.
The following minimum standards shall apply to all uses in the M-1 Industrial District and the B-2 General Commercial District:
(a) Fire and Explosion Hazards. All activities, including storage, involving flammable or explosive materials shall include the provision of adequate safety devices against the hazard of fire and explosion, such safety devices being standard in the industry. Burning of waste materials in open fire is prohibited at any point.
(b) Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission of air pollutants shall be permitted which violate the minimum federal requirements as enforced by the County Health Department. Dust and other airborne pollutants shall be minimized through the paving, oiling or landscaping of the lot area around any building.
(c) Glare, Heat and Exterior Light. Any operation producing intense light or heat, such as high temperature processes like combustion, welding or otherwise, shall be performed within an enclosed building and not be visible beyond any lot line bounding the property whereon the use is conducted. No exterior lighting shall be positioned so as to extend light or glare onto adjacent properties or rights of way.
(d) Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system or stream, or into the ground, of any materials of such nature or temperature that can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accord with standards approved by the Ohio Environmental Protection Agency or such other governmental agency as shall have jurisdiction of such activities.
(e) Noxious Gases. Processes and operations of permitted uses capable of dispersing gases or toxic particulates into the atmosphere shall be hooded or otherwise suitably enclosed. The emission of such toxic gases or particulate matter shall be from a stack.
(f) Vibrations. No uses shall be located and no equipment shall be installed in such a way to produce intense, earth-shaking vibrations which are discernable without instruments at the property lines of the subject premises.
(Ord. 1973-44. Passed 12-18-73.)
1165.01 REGULATIONS GENERALLY.
(a) Nonconforming uses include buildings, structures or uses which were lawfully existing prior to the adoption of this Zoning Ordinance, which are prohibited or further restricted as a result of the provisions adopted in this Ordinance.
(b) All nonconforming uses are considered by this Ordinance to be incompatible with the permitted uses of the zoning district in which the nonconforming uses are located.
(c) Nothing contained in this Ordinance shall be construed to require any changes to be made in the plans, construction, excavation or demolition, or designated use of any building, structure or use on which actual construction was lawfully begun, or for which plans were officially approved by the Municipality prior to the date of adoption of this Ordinance.
(1) Actual construction includes projects already under construction, whereby materials have been placed on the site and fastened together in a permanent manner; where excavation of a site has begun; or where demolition of a building to make way for rebuilding has begun, provided such construction, excavation or demolition and subsequent rebuilding shall be carried on diligently.
(2) Officially approved plans shall include preliminary and final subdivision plans which have been approved by the Municipality prior to the adoption of this Ordinance.
(d) All nonconforming buildings, structures or uses of land which were lawfully existing prior to the adoption of this Ordinance may be maintained and kept in repair.
(e) Any nonconforming building, structure or use of land which is superseded by a use which is permitted within the zoning district in which it is located shall thereafter be in conformance with this Ordinance, and the previous nonconforming use shall not be resumed.
(f) Any nonconforming use, building or structure which has been discontinued for a period of twelve consecutive months, or any nonconforming use of land which has been discontinued for a period of ninety consecutive days, shall not be re-continued or re-established unless it is made to conform with all of the regulations of the zoning district in which it is located.
(Ord. 1974-15. Passed 7-2-74.)
(g) Any building, structure or use of land which is devoted to a use which is not permitted by this Ordinance in the zoning district in which it is located shall not be extended, enlarged, constructed, restored, reconstructed, moved or structurally altered without approval by City Council subsequent to a recommendation by the Planning and Zoning Commission acting as the Board of Appeals; except that all nonconforming uses may be restored or reconstructed without any increase in size following destruction of less than seventy-five percent (75%) of the total structure. Destruction of more than seventy-five percent (75%) of the structure shall require City Council approval subsequent to Planning and Zoning Commission recommendation, along with Design Review Committee approval, if necessary.
(h) Any building, structure or use of land which is devoted to a use which is not permitted by this Ordinance in the zoning district in which it is located shall not be changed in use in any manner whatsoever from the specific use existing prior to the adoption of this Zoning Ordinance without approval by City Council after a recommendation by the Planning and Zoning Commission, and after a public hearing has been held by City Council, except for a change in use to a use which is permitted and in conformance with the regulations of this Ordinance.
(i) The approval provisions of subsections (g) and (h) hereof and any approval or recommendation thereunder do not alleviate the need to comply with all other design review provisions or Zoning Regulations and ordinances applicable to the property in question.
(Ord. 1994-12. Passed 3-1-94.)
1165.02 NON-CONFORMING LOTS OF RECORD.
In any zoning district in which single-family detached dwellings are permitted, a single-family dwelling and customary accessory structures may be constructed on any lot of record which existed at the time of the adoption of this Zoning Ordinance, even though such lot does not meet the minimum lot and/or frontage requirements specified for the zoning district in which the lot of record is located, providing all yard, height and other requirements are met. Adjustment of the specified yard requirements shall be obtained only through the granting of an adjustment by the Board of Appeals.
(Ord. 1973-44. Passed 12-18-73.)
1165.03 CONDITIONALLY PERMITTED USES NOT CONSIDERED NON- CONFORMING USES.
Any use of a specific property which is conditionally permitted in a zoning district in accordance with the provisions of this Zoning Ordinance shall not be considered as a nonconforming use in the zoning district to which it is conditionally permitted. Such conditionally permitted use shall be considered a conforming use on the particular lot on which it is located.
(Ord. 1973-44. Passed 12-18-73.)
1165.04 ALTERATION OF NON-CONFORMING STRUCTURES.
An owner of a non-conforming residential dwelling or accessory structure erected prior to the effective date of this Zoning Ordinance, whose use is a permitted use in the zoning district where it is located, shall be permitted to enlarge or alter the conforming portion of said dwelling or accessory structure in accordance with this Zoning Ordinance, and shall be permitted to change or alter the dwelling or accessory structure along existing building lines without any further encroachment of the non-conforming portion of said dwelling or accessory structure. This Ordinance shall not be interpreted to alleviate any requirements under Section 1165.02 which apply to non-conforming uses, whose uses are not permitted in the zoning district where they are located.
(Ord. 1994-61. Passed 11-16-94.)
1167.01 SUPPLEMENTARY YARD REQUIREMENTS.
(a) Front Yard Modifications.
(1) In any R District in which the average existing front yard setback on two or more lots located within 100 feet and in the same block as the lot in question is either less or greater than the minimum front yard requirement specified in the appropriate section of Chapter 1141, the front yard requirement shall be modified as follows:
A. The modified front yard shall not be less than the average setback of the existing front yards of the two lots immediately adjacent the lot in question, or if a corner lot, then the same as the setback on the immediately adjacent lot.
B. In no case shall any front yard be modified to require less than ten feet.
(b) Projections Into Yards. Projections into required yard areas are prohibited except as follows:
(1) Architectural features such as canopies, cornices, eaves and other similar features which may project a distance not more than four feet.
(2) Outside stairs and landings without cover projecting a distance not more than six feet, in front or rear yards, but in no case shall any such outside stair or landing project into any required side yard.
(3) Fire escapes projecting not more than five feet.
(4) Chimneys may project into a front, side or rear yard a distance not exceeding three feet; provided, however, that the aggregate width of such projection shall not exceed one-third of the length of the wall upon which they are located.
(5) Patios may project into rear yards, provided that they not be located within eight feet of the adjacent property line.
(c) Lot Modifications.
(1) On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified for the district in which they are located.
(2) On all lots having frontage on two streets which do not intersect, the minimum front yard setback specified for the district in which the lot is located shall apply to each yard with street frontage.
(Ord. 1973-44. Passed 12-18-73.)
1167.02 SUPPLEMENTARY HEIGHT REQUIREMENTS.
(a) Bulkheads, elevator penthouses, water tanks, monitors, scenery lofts, towers and monuments, provided no linear dimensions of any such structure exceeds fifty percent of the corresponding street lot line frontage, fire towers, hose towers, cooling towers, gas holders or other structures, where the manufacturing process requires more than fifty percent of the street lot line frontage; provided, however, that all such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent of the area of the lot and shall be distant not less than twenty-five feet in all parts from every lot line.
(b) Church spires, belfries, cupolas and domes, monuments, water towers, masts and aerials; parapet walls extending not more than four feet above the limiting height of the building. (Ord. 1973-44. Passed 12-18-73.)
1169.01 FENCING AND SCREENING REGULATIONS.
In all zoning Districts, no fence shall be established or maintained in a front yard higher than four feet above the established front yard grade, and no fence shall be established or maintained in a rear or side yard higher than eight feet above the established rear or side yard grade. All fences shall be located three feet inside the property owner’s lot line, unless the adjoining lot owner’s consent in writing is obtained and must be constructed with the finished or trim side of the fence facing out.
(Ord. 1995-43. Passed 8-2-95.)
1169.02 CONVERSION OF DWELLINGS.
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within the zoning district in which the new use is permitted under this Zoning Ordinance. Such conversion shall be permitted only after obtaining a certification of zoning and otherwise complying with the other provisions of this Zoning Ordinance, and only when the resulting occupancy will comply with the requirements governing new residential construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter with the chapter applying to such district.
(Ord. 1973-44. Passed 12-18-73.)
1169.03 ACCESSORY BUILDINGS.
(a) An accessory building may be erected as an integral part of a principal building, or it may be connected thereto by a breezeway or other similar structure.
(b) An accessory building may be erected detached from the principal building. No detached accessory building shall be erected in any required yard except a rear yard, and shall not occupy more than thirty-five percent (35%) of the area of the required rear yard and shall be located a minimum of five feet from lot lines. For computing the percentage of occupancy of a rear yard, as required herein, if a detached accessory building is connected to the principal building by a breezeway, the ground area of such breezeway shall be considered as a part of the accessory building and be included in the computation. (Notwithstanding the above, accessory buildings to be located on properties in excess of four (4) acres or larger (may (i) occupy no more than forty five percent (45%) of the rear yard, and (ii) must be no larger than two thousand (2,000) square feet in total size (as specifically approved by the Planning & Zoning Commission upon recommendation by the Zoning Inspector).
(c) Any accessory building, if not located in the rear yard, shall be an integral part of, or connected with, the principal building to which it is an accessory, and shall be so placed as to meet all yard requirements for a principal building of the same height and other dimensions as such accessory building. (Ord. 2023-04. Passed 2-15-23.)
1169.04 REGULATION OF SIGNAL-RECEIVING ANTENNAS.
(EDITOR’S NOTE: Former Section 1169.04 was repealed by Ordinance 1998-08, passed April 16, 1998.)
1169.05 PRIVATE RESIDENTIAL SWIMMING POOL.
(a) Definitions. "Private residential swimming pool" means a receptacle for water having a water surface area of more than one hundred square feet and a depth greater than twenty-four inches, which shall be considered to be a private swimming pool for the purpose of this section and shall be subject to the following restrictions.
(b) Location.
(1) Private residential swimming pool requirements shall be as follows:
A. No portion of a private residential swimming pool shall be located at a distance less than ten feet from any side yard lot line; and
B. No portion of a private residential swimming pool shall be located at a distance less than ten feet from any rear lot line.
(2) Constructed in rear yard only.
(3) Pumps, filters and pool water disinfecting equipment installations shall be located at a distance not less than ten feet from any side or rear lot line.
(4) Pool and appurtenant equipment shall not be permitted in the side yard between buildings.
(c) Plans.
(1) Shall accurately show dimensions and construction of pool and appurtenances and distances to lot line, building, walks and fence.
(2) Details of water supply system, drainage and water disposal systems, and all appurtenances pertaining to the swimming pool.
(d) Design and Construction.
(1) Every pool shall be constructed so that the drainage from the pool shall not be a nuisance to the adjacent property owners.
(2) Electric wiring in the pool area shall meet all the national electrical codes, and shall be followed during the construction of the pool.
(e) Fences.
(1) All in-ground swimming pools shall be completely enclosed by a fence and/or house erected along the periphery of the pool.
(2) All fence openings into the pool area enclosure shall be equipped with self-closing and self-latching devices. The fence and gate shall be not less than four feet and not over eight feet in height above ground level, commencing at grade level and extending vertically.
(3) All fences constructed and maintained in accordance with this section shall also comply with the requirements of Section 1169.01.
(4) All fences shall be kept in good repair and be maintained in safe condition.
(5) Finished or good side of fence shall be placed facing out.
(6) When an above-ground pool structure four feet or higher above grade level is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then
A. The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
B. The ladder or steps shall be surrounded by a fence which meets the requirements of subsection (e)(2) hereof.
(f) Sanitation. All private residential swimming pools shall be properly maintained, kept clean and sanitary conditions maintained. All equipment shall be maintained in a satisfactory condition and shall be of a re-circulation type in which circulation of water is maintained through the pool by pumps; the water drawn from the pool being clarified and disinfected before being returned to the pool.
(g) Permit.
(1) A zoning permit shall be required for private residential swimming pools.
(2) The cost of a permit for all private residential swimming pools shall be an amount equal to Five and No/100 Dollars ($5.00) for each One Thousand and No/100 Dollars ($1,000.00) of the total construction cost, but in no event shall the permit fee be less than twenty-five and No/100 Dollars ($25.00).
(h) Penalty. Any person, firm or corporation violating any provision of this section shall be fined not more than one hundred dollars ($100.00). Each and every day during which such
illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use
continues may be deemed a separate offense.
(Ord. 2016-20. Passed 7-13-16.)
1171.01 DEFINITIONS.
As used in this chapter, the following terms shall have the meanings provided in this section:
(a) "Applicant" means the owner/operator of a donation box or recycling bin;
(b) "Donation Box" means a box, bin, or storage container used for the collection of clothing, shoes, small household items and other miscellaneous articles of personal property intended for resale or reuse;
(c) "Recycling Bin" means a box, bin, or storage container used for the collection of materials, such as aluminum, paper, and plastic, intended for reprocessing into new materials.
Nothing contained in this Chapter shall apply to recycling bins ordinarily used for residential purposes.
(Ord. 2016-07. Passed 3-16-16.)
(Ord. 2016-07. Passed 3-16-16.)
1171.02 PERMIT REQUIRED.
(a) No one shall place or allow to be placed any donation box or recycling bin outside of a building within the City limits without first obtaining a permit to do so from the City's Zoning Department.
(b) Application for a permit shall be made through the City's Zoning Department prior to the placement of any box or bin. In addition to the application, the applicant shall submit a site plan and written permission from the property owner. The site plan should show the proposed location of the box or bin and its relationship to property lines, easements, parking areas, and any buildings located on the property. The written permission should include the property owner's name, legibly printed, dates the property is to be used, and to whom permission is being granted. The written permission shall also be signed and dated by the property owner. Once the complete application is submitted and approved, a permit shall be issued to the applicant in accordance with the regulations found below.
(c) Donation Boxes and/or recycling bins shall not require a permit if one of the following conditions exist:
(1) The box or bin is located on private property owned or controlled by the applicant and is associated with the applicant's permanent business located within a building on the same property as box or bin; or
(2) The box or bin is sponsored by or under contract with the City of Canfield and located on public property.
(d) Donation boxes that do not require a permit are still subject to the regulations found in Section 1171.03.
(e) Recycling bins that do not require a permit are still subject to the regulations found in Section 1171.04.
(Ord. 2016-07. Passed 3-16-16.)
1171.03 REGULATIONS FOR DONATION BOXES.
(a) No box shall be located in an R-1 or R-2 zoning district or within two hundred (200) feet of a one- or two-family residence.
(b) No box shall be located within one mile of an existing box.
(c) No one applicant shall have more than five (5) boxes within the City of Canfield at any given time, provided that boxes located on property owned or controlled by the applicant and that are associated with the applicant's permanent business located within a building on the same property as the box shall not be included in the five (5) box limit.
(d) No box shall be located on property that does not currently have a permanent business in operation on the same property.
(e) No portion of any box shall be located within the front or side building setback, on property owned by or dedicated to the public, or located within the sight triangle of any intersecting streets or driveways.
(f) All boxes and related vehicular and pedestrian access, parking, and maneuvering shall be located on hard-surface pavement.
(g) No required off-street parking spaces may be utilized for such box, and such shall not be located in any loading lane, driving aisle, queuing area, or handicap parking space including access lane.
(h) No box shall be larger than six (6) feet wide by six (6) feet long and stand taller than six (6) feet.
(i) All boxes shall be clearly marked with the name and phone number of the applicant and shall state whether donation is "tax deductible" or "non-tax deductible", provided;
(1) Required markings shall be in a font that is easily readable with letters being at least four (4) inches tall;
(2) Required markings shall be located on the front of each box with the front being the side where the box has an opening for donations.
(j) All items for donation shall at all times be fully maintained within the box. No accumulation of items, trash, or debris outside of box shall be allowed.
(k) All boxes shall be constructed of all-weather type material and regularly maintained (e.g. repainted/repaired) by the applicant such that they remain in a like new condition.
(l) If items, trash, or debris accumulates outside of the box or if box becomes deteriorated due to lack of proper maintenance, the box shall be considered junk and debris and the applicant will be subject to citations pursuant to the City's Commercial Property Maintenance Code and/or suspension or revocation of its permit. No permit for a donation box shall be issued or renewed to any applicant with any pending suspended permit for a donation box or to any applicant whose permit for a donation box has been revoked within the previous three (3) calendar years.
(Ord. 2016-07. Passed 3-16-16.)
1171.04 REGULATIONS FOR RECYCLING BINS.
(a) No bin shall be located in an R-1 or R-2 zoning district or within two hundred (200) feet of a one- or two-family residence.
(b) No portion of any bin shall be located within the front or side building setback, on property owned by or dedicated to the public, or located within the sight triangle of any intersecting streets or driveways, provided that bins sponsored by or under contract with the city may be located on property owned by or dedicated to the public, but in no case shall any bin be located upon any public street right-of way or street easement.
(c) There shall be only one bin or group of bins with a maximum cumulative volume of eight (8) cubic yards allowed per acre per location. Wherever such bins are placed in groups, each bin shall be separated from an adjacent bin by no more than ten (10) feet.
(d) All bins and related vehicular and pedestrian access, parking, and maneuvering shall be located on hard-surface pavement, provided that bins located in an M-1 zoning district may be allowed on a gravel or gravel equivalent surface.
(e) No required off-street parking spaces may be utilized for such bins, and such shall not be located in any loading lane, driving aisle, queuing area, or handicap parking space including access lane.
(f) Any bin or group of bins that exceed one hundred fifty (150) square feet in total area shall be screened from any adjacent street, R-1 or R-2 zoning district, or one- or two-family residence with an opaque fence or wall six (6) to eight (8) feet in height, provided that bins located in an M-1 zoning district shall not be required to be screened.
(g) All items for collection shall at all times be fully maintained within the bin. No accumulation of items, trash, or debris outside of the bin shall be allowed.
(h) All boxes shall be constructed of all-weather type material and regularly maintained (e.g. repainted/repaired) by the applicant such that they remain in a like new condition.
(i) If items, trash, or debris accumulates outside of the bin or if the bin becomes deteriorated due to lack of proper maintenance, the bin shall be considered junk and debris and the applicant will be subject to citations pursuant to the City's Commercial Property Maintenance Code, and/or suspension or revocation of permit. No permit for a recycling bin shall be issued or renewed to any applicant with any pending suspended license for a recycling bin or to any applicant whose permit for a recycling bin has been revoked within the previous three (3) calendar years.
(Ord. 2016-07. Passed 3-16-16.)
1171.05 PERMIT ISSUANCE.
1173.01 SOLAR ENERGY SYSTEMS.
Solar energy systems are a permitted accessory use in all zoning districts, subject to the requirements as set forth below. No person shall construct, erect or extend a solar energy system in any zoning district without compliance with provisions of this Chapter 1173.
(a) Height and Location. All solar energy systems must meet the following height and location requirements:
(1) No ground mounted or freestanding solar energy systems or parts thereof shall be located in front or side yards.
(2) Building or roof-mounted solar energy systems shall not extend five (5) feet above the highest roof point and no components of any solar energy system shall not exceed the maximum allowed height in any zoning district.
(3) Ground or pole-mounted solar energy systems shall only be permitted in rear yards. Ground mounted systems shall exceed five (5) feet in height, and pole mounted systems shall not exceed ten (10) feet in height when oriented at maximum tilt.
(4) All components of solar energy systems must be placed in compliance with set back requests in the applicable zoning district.
(b) Roof or Building-mounted Solar Energy Systems. The collector surface(s), mounting devices, and other components for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.
(c) Visibility. Solar energy systems in all districts shall be designed and placed to minimize visual impacts from the public right-of-way(s).
(d) Glare. All solar energy system components shall be constructed and installed in locations which minimize glare to adjacent or nearby properties.
(e) Size and Lot Coverage. The total surface areas of all solar energy system components shall not exceed twenty five percent (25%) of the total rear yard area. Ground-mounted systems shall meet all existing lot restrictions in the applicable zoning districts.
(f) Plan Approval/Permit Required. Prior to installation, a site plan illustrating the proposed system, all components, manufacturer information, installation, price and location including power lines, and evidencing compliance with all requirements herein for review must be submitted to the Zoning Inspector. A permit shall be issued upon the Zoning Inspector's satisfaction that the proposed solar energy system complies with all the requirements herein. The Permit Fee shall be as determined by City Council from time to time.
(g) Compliance with Building Code and other Regulations. All solar energy systems shall be constructed, installed and maintained in compliance with all applicable state, county and federal laws and regulations.
(h) Removal and Decommissioning. The owner, or successors in interest, shall remove all components of solar energy systems if the system ceases to perform its originally intended function for more than twelve (12) consecutive months or if the system has reached the end of its useful life or have been abandoned. The owner shall physically remove the installation no more than ninety (90) days after (i) the date of discontinued operations or (ii) notice by the City. The site shall be restored to as natural a condition as possible within three (3) months of the removal.
(i) Bond Requirement. All owners of solar energy systems shall be required to post and maintain a bond in favor of the City in an amount to be determined by the Zoning Inspector based on the estimated costs of removing the subject solar system.
(Ord. 2024-31. Passed 11-6-24.)