Centerburg City Zoning Code
CHAPTER 1111
General Development Standards
1111.01 LOT AND PRINCIPAL BUILDING REGULATIONS.
(a) Minimum Lot Area and Width.
(1) Measurements.
A. The area of a lot includes the total horizontal surface area within the lot's boundaries (lot lines).
B. Unless otherwise stated, the lot width is the distance between the side lot lines measured along the minimum front yard setback line.
C. Minimum lot depth shall be measured as the shortest distance between the front lot line and the rear lot line.
(2) Lot Area, Lot Width, and Lot Depth Requirements.
A. Table 1111-1 establishes the minimum lot area, lot width, and lot depth requirements for individual zoning districts unless otherwise specifically stated in this code.
B. Where no minimum lot area, lot width, or lot depth is established, such lots shall be of a size large enough to allow for all proposed buildings and required setbacks, off- street parking, and all landscaping and screening requirements established in this code.
C. Minimum lot areas and lot widths in a planned development shall be as established in the planned development approval process.
Table 1111-1: Minimum Lot Area and Lot Width Requirements | ||||
District | Minimum Lot Area (Square Feet) | Minimum Lot Width for Corner Lots (Feet) [1] | Minimum Lot Width for All Other Lot Types (Feet) | Minimum Lot Depth (Feet) |
ER | 40,000 | 170 [2] | 150 [2] | 150 |
R-1 | 10,000 | 100 | 80 | 125 |
R-2 | 8,000 | 85 | 65 | 120 |
R-3 | 5,445 per dwelling unit | 100 | 100 | 150 |
CC | None | None | None | None |
VC | None | None | None | None |
RO | 8,000 | 85 | 65 | 120 |
ID | None | None | None | None |
P-1 | 8,000 | 85 | 65 | 120 |
NOTES: [1] This width is only required for one (1) street frontage. All other street frontage shall have a minimum lot width as required for other lot types. [2] The lots shall have a minimum of sixty (60) feet frontage along a publicly dedicated right-of-way. | ||||
(b) Minimum Setbacks and Yards.
(1) Setbacks and Yards Required for Buildings.
A. Where required, a yard for any structure shall be located on the same lot as the structure and shall not include any yard from an adjacent lot or any common spaces established as part of a PD or subdivision.
B. While a yard is defined as an open area, certain projections may be permitted in required yards as specified in below.
C. Where the term "required" is used before any yard type, that required yard shall be the area of the yard between the applicable lot line and the required yard setback distance from the applicable lot line, regardless of the presence of a building.
(2) Measurements and Exceptions.
A. Setbacks refer to the measurements from base of a structure and the property line (lot line) of the lot on which the structure is located. Setbacks shall not contain any structure except when in conformance with this code.
B. A setback shall not be reduced in any manner to less than the required dimensions for the district in which it is located, and a setback of less than the required dimensions shall not be further reduced in any manner unless otherwise noted in this code (e.g., nonconforming structures or by variances).
C. Setbacks from lot lines abutting an alley shall meet the appropriate side or rear yard setback for the applicable district.
(3) Projections into Required Yards.
A. Every part of a required yard shall be open to the sky and unobstructed except:
i. As otherwise provided in this section;
iii. For landscaping, parking and circulation, and signs as allowed in this code; and
B. Any permanent architectural projections, including but not limited to, open structures such as porches, decks, bay windows, fireplaces, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which such projections are attached and shall not project into the required minimum setbacks for front, side or rear yards unless specifically allowed as part of an attached porch, patio, or deck.
C. Determination of Yards and Setbacks
i. The Zoning Administrator shall have the authority to determine where the required yards and setbacks shall be applied and located in accordance with the provisions of this chapter.
ii. Where there is an instance of a lot configuration not addressed in the next sections (e.g., interior, corner, panhandle, etc.), or where there is an atypical building orientation on any lot, the Zoning Administrator shall have the authority to make a determination regarding where front, rear, and side yard setbacks are required.
(4) Lot Configurations and Rules for Setbacks and Yards.
A. Regular Lots.
i. Unless otherwise stated, the required minimum front yard setback shall be measured from the street right-of-way or, where a right-of-way is not identified, the front lot line.
ii. The lot line located directly behind the rear of the structure shall be the rear lot line and the rear yard setback shall be applied.
iii. An alley shall not be considered a street for the purposes of determining a regular lot. Alleys may be located along what is the side lot line or rear lot line of a regular lot without changing the required setbacks.
iv. All other lot lines shall be considered the side lot line and the side yard setback shall be applied.
Figure 1111-A: Typical setback and yard locations for an regular lot.
B. Corner Lots. Lots that have street frontage on two intersecting streets shall be considered a corner lot, subject to the following:
i. Where a lot is considered a corner lot, the required minimum front yard setback shall be provided on all lot lines that abut a street.
ii. The lot line that runs parallel with the front facade of the building, on the rear of the lot, shall be the rear lot line and the minimum rear yard setback shall be applied from such lot line.
iii. All other lot lines shall be a side lot line and the minimum side yard setback shall be applied from such lot lines.
iv. An alley shall not be considered a street for the purposes of determining a corner lot. Alleys may be located along what is the side lot line or rear lot line of a corner lot without changing the required setbacks.
v. Such setbacks and yard locations shall apply, regardless of the orientation of the building. The Zoning Administrator shall have the authority to determine the application of setbacks and where the yards are located based on the orientation of the building on the corner lot.
Figure 1111-B: Typical setback and yard locations for a corner lot.
C. Double Frontage (Through) Lots. Double frontage lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Double frontage lots shall be subject to the following regulations:
i. Where a lot is considered a double frontage (through lot) lot, the required minimum front yard setback shall be provided on all lot lines that abut a street.
Figure 1111-C: Typical setback and yard locations for a double frontage (through) lot.
ii. The remaining lot lines not abutting a public road right-of-way shall be considered as side yards and shall have the required minimum side yard setback provided for each side lot line.
iii. For the purposes of allowing accessory uses and fences, which are allowed in a rear yard, the yard that is located to the rear of the principal building shall be considered the rear yard and the setbacks of Section 1111.01(b), shall apply to all accessory uses or structures. Such accessory uses or structures shall not be permitted in the required front yard areas adjacent to each street.
iv. Where alleys exist in the Village, any lots that have frontage along the alley shall not be considered a double frontage (through) lot and shall either be regulated as an regular lot or corner lot depending on the location of the subject lot within the block.
D. Panhandle (Flag) Lots. Panhandle lots (flag) lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Panhandle (flag) lots shall be subject to the following regulations:
i. Panhandle (flag) lots shall not be used to avoid the construction of a street.
ii. The area of the "panhandle" portion of the lot connecting the lot to the public street shall not be included in the area of the lot for the purposes of determining compliance with the required minimum lot area for the district in which the lot is located.
iii. The stacking of panhandle (flag) lots shall be prohibited. See Figure 1111-D.
Figure 1111-D: The above illustration shows the stacking of panhandle lots, which is prohibited.
iv. The panhandle shall have a minimum width of ten (10) feet along the entire width of the panhandle. The maximum width shall be forty (40) feet and anything with a width of forty (40) feet or greater shall be consider an interior, corner, or double frontage lot as may be applicable.
v. No structures, except for fences and landscaping walls allowed by this code, shall be permitted in the panhandle portion of the lot.
vi. The minimum front yard setback requirement shall be measured from the lot line that creates the rear lot line of the adjacent lot as illustrated in Figure 1111-E.
Figure 1111-E: Typical setback and yard locations for a panhandle lot.
E. Cul-de-Sac or Curved-Street Lot.
i. For a cul-de-sac lot or a lot abutting a curved street, the front-yard setback shall follow the curve of the front property line (lot line).
ii. On a cul-de-sac roadway, knuckle, or eyebrow, the required street frontage shall be required and measured at the street right-of-way on the curve of the cul-de-sac, knuckle, or eyebrow.
Figure 1111-F: Typical setback and yard locations for a curved street or cul-de-sac.
(5) Minimum Setback Requirements.
B. Table 1111-2 establishes the minimum setback requirements for principal buildings in all zoning districts.
C. Additional setbacks may be required to accommodate landscaping and buffering in accordance with Chapter 1113: Landscaping and Screening.
Table 1111-2: Setback Requirements | ||||
District | Setback Requirements (Feet) | |||
Minimum Front Yard from Arterial Street | Minimum Front Yard from All Other Streets | Minimum Side Yard (Each Side) | Minimum Rear Yard | |
ER | 60 | 50 | 20 | 50 |
R-1 | 40 | 30 | 10 | 30 |
R-2 | 40 | 30 | 8 | 30 |
R-3 | 40 | 30 | 20 [1] | 25 |
Table 1111-2: Setback Requirements | ||||
District | Setback Requirements (Feet) | |||
Minimum Front Yard from Arterial Street | Minimum Front Yard from All Other Streets | Minimum Side Yard (Each Side) | Minimum Rear Yard | |
CC | 40 | 30 | None [2] | 15 |
VC | 0 [3] | None | None | None |
RO | 40 | 30 | 8 | 30 |
ID | 40 | 30 | 15 [4] | 15 [4] |
P-1 | 40 | 30 | 8 | 30 |
NOTES: [1] The side yard setback shall be twenty (20) feet for principal building walls with no doors or windows. For principal building walls with windows and doors facing the side yard, the minimum side yard setback shall be equal to the height of the building, or twenty-five (25) feet, whichever is greater. [2] The minimum side yard setback shall be fifteen (15) feet if the side lot line is adjacent to a lot in a residential district. [3] All buildings shall be built to the back of the sidewalk. The setback line can be waived or modified by the Planning Commission for special design features such as arcades or special window details through a conditional use approval. [4] The minimum side and rear yard setback shall be fifty (50) feet if the side or rear lot line, as applicable, is adjacent to a lot in a residential district. | ||||
(c) Minimum Building Separation in the R-3 District.
(1) If there are two or more buildings located on a single lot in the R-3 District, the minimum distance between opposite walls shall be ten (10) feet for facing walls with no windows or doors.
(2) If any one or both of the walls facing each other have windows or other wall openings, the minimum distance between walls shall be equal to the height of the taller building.
(d) Maximum Building Height.
(1) Measurement.
A. Building height shall be measured from average elevation of the finished grade to the highest point on the roof, regardless of roof type, excluding minor architectural features, roof embellishments, or chimney extensions.
B. The finished grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating primarily undertaken for the purpose of locating or increasing the height of a structure, including signs. The filling of a hole or depression to create an average grade the same level as that surrounding the hole or depression is permitted, provided such filling is allowed by other ordinances.
Figure 1111-G: Measurement of building or structure height
(2) Exceptions to Height Limits. The maximum height limits established in this code shall not apply to:
A. Spires, belfries, cupolas and domes, monuments, chimneys, towers, transmission towers, and other permitted mechanical appurtenances located upon or constructed as an integral part of the principal building for all nonresidential uses as may be authorized by the Planning Commission; and
B. Governmentally-owned freestanding water tanks, transmission towers, and flag poles.
(3) Maximum Height Standards.
A. Table 1111-3 establishes the maximum building height for principal buildings.
B. The maximum height of accessory structures is established in Section 1109.01.
Table 1111-3: Maximum Height of Principal Building | |
District | Maximum Height |
ER | 35 Feet |
R-1 | 35 Feet |
R-2 | 35 Feet |
R-3 | 35 Feet |
CC | 40 Feet |
VC | 40 Feet |
RO | 35 Feet |
ID | 40 Feet |
P-1 | 40 Feet |
(e) Minimum Floor Area for Dwelling Units in the R-1 and R-2 Zoning Districts.
(1) Calculation.
A. The minimum floor area of a dwelling unit shall include all finished and habitable spaces including the basement floor area when more than one-half of the basement height is above the finished lot grade level at the front of the building.
B. Garages, outdoor patios, porches, or decks, and accessory buildings shall not be included in the minimum floor area of a dwelling.
C. The requirements shall not apply to hospitals, nursing homes, or similar types of residential uses that are institutional in nature.
(2) Minimum Floor Area Requirements.
A. Each building that contains a single dwelling unit or two dwelling units shall have a minimum width of at least twenty-two (22) feet at any one point and a minimum length of at least twenty-two (22) feet at any one point.
B. There shall be a minimum floor area for each dwelling unit that complies with Table 1111-4.
Table 1111-4: Minimum Floor Area Requirements | |
Dwelling Unit Type | Minimum Floor Area Required per Dwelling Unit |
Single-Family Dwelling Unit | 900 |
Two-Family Dwelling Unit | 750 |
Multi-Family Dwelling Unit | 500 |
(f) Maximum Lot Coverage.
(1) Measurement. Where used, lot coverage is that portion of a lot, or a specified yard, which when viewed directly above, which would be covered by buildings, structures, and impervious pavement areas. Decks, pervious paver blocks, and other materials that are designed with adequate openings to allow stormwater to pass through the material into the ground shall not count as an impervious surface. The Zoning Administrator shall have the final determination of what are considered buildings and the total coverage that is considered impervious surfaces.
(2) Maximum Lot Coverage Standards. Table 1111-5 establishes the maximum lot coverage for all buildings on an individual lot within the applicable district.
Table 1111-5: Maximum Lot Coverage | |
District | Maximum Lot Coverage |
ER | 50 percent |
R-1 and R-2 | 35 Percent |
R-3 | 50 Percent |
CC | 80 Percent |
VC | Not Applicable |
RO | 35 Percent |
ID | 85 Percent |
P-1 | 75 Percent |
(g) Building Orientation.
(1) The main entrance of any principal building shall be oriented toward a public street.
(2) For corner lots, a principal building may be oriented toward the intersection of the two streets.
(h) Utilities. In all zoning districts except the ER District, all lots shall be served by utilities as required by Village Ordinance 0-08-05A.
(Ord. 2023-16. Passed 6-5-23.)
1111.02 GENERAL LOT REQUIREMENTS.
The following shall apply to all lots:
(a) Provisions for storm drainage shall be adequate to protect the public and owners of surrounding land.
(b) Trash and litter shall be controlled and stored in container systems which are located and enclosed in a manner to screen them from view.
(Ord. 2023-16. Passed 6-5-23.)
1111.03 FENCES, LANDSCAPING WALLS, AND HEDGES.
(a) Zoning Certificate Required.
(1) The installation of any fence or landscaping wall shall require the approval of a zoning certificate unless specifically exempted from the certificate requirement in this code.
(2) Zoning certificates are not required for repairs of existing fences or landscaping walls. However, such work or structures are still subject to the applicable standards of this section. The replacement of an existing, conforming fence or landscaping wall with a similar fence or landscaping wall shall not require a zoning certificate.
(3) Replacement of nonconforming fences or landscaping walls shall be subject to Section 1111.03(g).
(4) A zoning certificate shall not be required for short sections of fencing or landscaping walls that are designed as an architectural feature or utilized for decorative purposes and are not intended to enclose an area of land. Such sections shall not exceed twenty-five (25) feet in length and shall comply with the vision clearance requirements of this code.
(5) Hedges, shrubbery, trees, bushes and plantings shall be excluded from classification as fences but shall:
A. Be planted in a manner that the trunk of the hedge is located a minimum of one-foot from the lot line; and
C. Where trimming is required to maintain intersection visibility, and such trimming is not done within ten (10) days after notice by the Zoning Administrator, the employees of the Village shall enter upon the property and trim the shrubbery, hedges or trees at the expense of the property owner. Any shrub, hedge or tree found to be located upon public property may be removed by the Village at any time.
D. Hedges shall not be planted in a row to imitate a fence or landscaping wall unless approved in the same manner as a fence or landscaping wall in accordance with this section.
(b) General Requirements.
(1) Unless a specific distinction is made in this section, any regulation that applies to fences shall apply to landscaping walls and vice versa.
(2) All fences and landscaping walls shall be subject to the intersection visibility requirements of Section 1111.04.
(3) All fences and landscaping walls, and any related supporting structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences or landscaping walls on adjoining properties.
(4) A zoning certificate shall be required for each property on which a fence or landscaping wall is installed when a connection of existing fences or landscaping walls is proposed on two (2) different properties. Such applications shall also include signatures of both property owners to document the agreement of such connection.
(5) Fences or landscaping walls are permitted along property lines provided only one fence or landscaping wall is located on the lot line.
(6) The smooth finished side of the fence or landscaping wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two similarly finished sides, either side may face the adjacent property.
(7) Posts, poles, or other mechanisms used to secure the fence to the ground or support the fence shall be located on the inside of the fence (i.e., located on the property of the applicant).
(8) All diagonal or supporting members shall face the property on which the fence or landscaping wall is constructed.
(9) All fences and landscaping walls shall be maintained in a neat and orderly manner.
(10) Landscaping walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require the written permission from the applicable utility company. Without such permission, the fences are subject to removal without notice by utility companies or the Village when work is being done in the utility easements. Fences shall not be placed in any Village easement unless the plat specifically permits the placement of such fence. The Village of Centerburg is not responsible for the determination of easements on private properties.
(11) Replacement of fences removed by the Village or utility company shall be at the property owner's expense.
(12) Fences and landscaping walls shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or storm water drainage in any zoning district. Solid fences and landscaping walls shall be designed to direct water to drainage channels or other outlets to eliminate the possibility of the accumulation of water behind the landscaping wall.
(13) It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or landscaping wall does not deviate from the plans as approved by the Zoning Administrator issuing the zoning certificate, and that the fence does not encroach on another lot or existing easement. The issuance of the zoning certificate and any inspection by the Village shall not be construed to mean that the Village has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on him or her herein.
(c) Prohibited Fences.
(1) No person shall erect or maintain anywhere in the Village a fence or landscaping wall equipped with or having barbed wire, spikes, sharp points, or any similar device except in the ID and P-I Districts for the purposes of security.
(2) No person shall erect or maintain anywhere in the Village a fence or landscaping wall that has an electrical charge.
(d) Measurement.
(1) The maximum fence or landscaping wall height shall be measured from the lowest point within three feet on either side of the fence to the top most portion of the fence between posts. See Figure 1111-H. The structure posts, finials, or other decorative architectural details may exceed the maximum height allowed in this section by up to six inches.
Figure 1111-H: Illustration of the measurement of the height of a fence based on the grade.
(2) Fencing or landscaping walls should follow the natural contour of the land on which it is located. See Figure 1111-I.
Figure 1111-I: This illustrates how fencing is measured along a natural contour.
(3) A fence may be erected on top of a landscaping wall but the combined height of the fence and landscaping wall shall not exceed the heights specified within this section for a fence or landscaping wall. Fences or landscaping walls located on top of a retaining wall shall be measured from the top of the finished grade at the top of the retaining wall.
(e) Front Yard Fences and Landscaping Walls.
(1) The maximum height of a fence or landscaping wall, or combination thereof, in any front yard shall be thirty (30) inches.
(f) Side and Rear Yard Fences and Landscaping Walls.
(1) The maximum height of a fence or landscaping wall, or combination thereof, in any side or rear yard in the shall be six (6) feet.
(g) Nonconforming Fences and Landscaping Walls.
(1) Where a nonconforming fence or landscaping wall is to be maintained or repaired, such nonconforming fence or landscaping wall may continue to exist. Repair or maintenance shall include any general maintenance of a fence or landscaping wall while still in place or a portion of a fence or landscaping wall may be removed temporarily for repair or maintenance work provided the same fence or landscaping wall is replaced in the same position.
(2) If fifty percent (50%) or more of the length of a nonconforming fence or landscaping wall is to be removed and replaced, even as part of maintenance, such replacement shall conform with the requirements of this code and shall require the issuance of a new zoning certificate. Such fifty percent (50%) shall be the aggregate over the course of time, following the effective date of this code, so that full, conforming replacement, shall be required once fifty percent (50%) of the length has been removed, no matter if done as a whole or partially over time.
(Ord. 2023-16. Passed 6-5-23.)
1111.04 INTERSECTION VISIBILITY.
Development proposed adjacent to any public or private street, in every district, shall be designed to provide a clear visibility area for pedestrian and traffic safety.
(a) A traffic safety visibility triangle area, which may include private property and/or public right-of- way, is a triangle area defined by measuring thirty (30) feet from the intersection of the extension of the front and side street curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property. See Figure 1111-J.
Figure 1111-J: Traffic intersection visibility triangle for intersecting streets.
(b) For intersections of streets and driveways, the traffic intersection visibility area shall be created by measuring twenty-five (25) feet from the edge of the driveway along the street and twenty (20) feet along the driveway, perpendicular from the street. See Figure 1111-K.
Figure 1111-K: Traffic intersection visibility triangle for driveway and street intersections.
(c) No structure, sign, or landscape element shall exceed thirty-six (36) inches in height, measured from the top of the curb, within the traffic safety visibility area, unless approved by the Zoning Administrator.
(d) An exception to this requirement shall be for existing trees where the canopy is trimmed to a minimum of eight feet above grade.
(e) This requirement shall not apply to lots in the VC District or lots with single-family or two- family dwellings but any driveways associated with such uses should be designed with sufficient visibility clearance to ensure safety for traffic and pedestrians. (Ord. 2023-16. Passed 6-5-23.)
1111.05 OUTDOOR LIGHTING.
(a) Purpose. The purpose of this outdoor lighting section is to regulate outdoor lighting in order to reduce or prevent light pollution and to minimize lighting impacts on surrounding properties. This means to the extent reasonably possible the reduction or prevention of glare and light trespass, the conservation of energy, and promotion of safety and security.
(b) Applicability.
(1) All outdoor lighting fixtures shall be subject to review as part of this section unless exempted, below.
(2) A photometric plan showing the following shall be submitted as part of any site plan review application where any new light fixtures are being proposed on a site.
(3) Exemptions.
A. All outdoor lighting fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas lamps are exempt from the requirements of this section.
B. Lighting installed by the Village of Centerburg, Knox County, or the State of Ohio within a right-of-way shall be exempt.
C. All temporary emergency lighting needed by the police, fire department, other emergency service vehicles, and public service vehicles, as well as all luminaries on vehicles that are travelling on a roadway or driveway, shall be exempt from the requirements of this section including flashing or blinking lights.
D. Street lights shall be exempt from the provisions of this section.
(c) General Provisions Applicable to All Districts and Development.
(1) Outdoor lighting shall be installed in a manner to deflect from adjacent residential developments.
(2) All outdoor lighting for residential and nonresidential uses shall be located, screened, or shielded so adjacent lots located in residential districts or recorded subdivisions are not directly illuminated. Shielding may also be required for high intensity light fixtures to prevent glare to adjacent uses, public rights-of-way, and drives. Perimeter lighting, when adjoining residential districts or recorded subdivisions, shall be by shielded fixtures to prevent light trespass onto adjacent properties.
(3) No outdoor lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of drivers, pedestrians or adjacent properties. Shields and/or filters are required for light fixtures with high intensity and glare potential.
(4) No light shall be directed at a public right of way.
(d) Lighting Standards for Residential Uses. The following standards shall apply to single-family and two-family dwellings:
(1) There shall be a maximum height of eight feet from the finished grade adjacent to the base of the light fixture to the top most point of the fixture for any freestanding light fixtures on a lot with a single-family dwelling or two-family dwelling.
(2) The light bulb on such fixtures shall not produce more than 1,600 lumens.
(e) Lighting Standards for All Other Uses. The following standards shall apply to all development except for lots with a single-family and two-family dwellings:
(1) Prohibited Lights.
A. Search lights, beacons, laser source lights, or any similar high-intensity or flashing lights are prohibited, except in emergencies by police and/or fire department personnel.
B. No open lights, such as strings of light bulbs, shall be permitted. This prohibition shall not include holiday lighting or those used for decorative purposes over outdoor patios, seating areas, or similar places of gathering.
(2) Type of Fixtures.
A. All light fixtures shall be full cut-off type fixtures except for decorative light fixtures. See Figure 1111-L.
B. Decorative light fixtures shall not flash or otherwise create a sense of motion.
C. Non-cutoff lighting may only be used for decorative purposes when located adjacent to the building.
Figure 1111-L: Illustration of cutoff lighting versus non-cutoff lighting
(3) Height of Fixtures.
A. In all districts, the maximum height of any non-cutoff light fixture used for decorative purposes shall be twelve (12) feet.
B. All cut-off outdoor lighting shall be designed, located, and mounted with the maximum height as follows:
i. The maximum height of light fixtures in any residential zoning district districts shall be fifteen (15) feet.
ii. The maximum height of light fixtures in all nonresidential and special zoning district shall be twenty-eight (28) feet.
iii. The maximum height for residential uses or areas in a planned development shall be fifteen (15) feet while the maximum height for nonresidential uses shall be twenty-eight (28) feet.
C. In no case shall the height of light fixtures exceed the maximum permitted building height within the applicable zoning district.
D. Lighting located under canopies shall be flush mounted or recessed within the canopy.
E. Height shall be measured from the finished grade adjacent to the base of the light fixture to the top most point of the fixture.
(4) Building-Mounted Lighting Standards.
A. Lighting may be mounted to a building facade only at entrances, loading/service locations, or for the purpose of accent lighting.
B. Exposed light bulbs are prohibited. The light fixtures shall be a total cutoff fixture but may direct lighting upward or downward.
C. No colored or flashing lights shall be used to light the exterior of buildings.
D. In no case shall a light fixture mounted on a structure be mounted at a height where the fixture will exceed the height of the roofline.
(5) Illumination.
A. There shall be a maximum illumination of 0.5 footcandles at the lot line in all residential districts and for any nonresidential use that abuts a lot in a residential zoning district or lot occupied by an existing residential use.
B. Light levels shall be measured in foot-candles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.
C. Measurements shall be taken at the property line, along a horizontal plane at a height of three and one-half (3.5) feet above the ground.
D. The illumination across any nonresidential property shall be designed so as to not create excessively dark spots that may create safety issues.
E. All applicants for new development or redevelopment are strongly encouraged to use components that reduce light pollution including, but not limited to, automatic shut-off of fixtures, auto-dimming to adjust lighting based on ambient lighting, and the use of as little lighting as necessary without creating safety issues.
(6) Modifications. Should any exterior light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Zoning Administrator for approval, together with adequate information to assure compliance with this section, which must be received prior to substitution. (Ord. 2023-16. Passed 6-5-23.)
1111.06 DEMOLITION.
(a) Applicability.
(1) The provisions of this section shall apply whenever buildings or other structures that have a total footprint of 750 square feet or more are demolished, in whole or in part.
(2) All work of demolition of buildings or other structures, or parts thereof, shall be in conformity with the provisions of this section and in conformity with accepted safe practice.
(b) Zoning Certificate Required.
(1) Any demolition of buildings or structures subject to this section shall require the issuance of a zoning certificate.
(2) The zoning certificate, when approved, shall authorize the start of demolition in accordance with the approved certificate.
(3) Approval of the zoning certificate for demolition does not constitute Village acknowledgment that utilities have been terminated, or acknowledgement of the proposed methods or safety of such demolition. The applicant shall be responsible for ensuring that the utilities have been shut off and that protections are in place to ensure the safety of people performing the demolition as well as people and property on the subject property and adjacent to the property.
(4) The zoning certificate for demolition shall be valid for six months following the date of approval. If demolition does not begin within six months, the zoning certificate shall be deemed voided and any future demolition will require the issuance of a new zoning certificate.
(c) Demolition Requirements.
(1) After demolition, the building lot must be cleared of all debris resulting from the demolition. The removal of any existing footers or slabs is also required.
(2) If new construction is not to begin within thirty (30) days following demolition, the lot must be restored to an acceptable condition, as determined by the Zoning Administrator. This may include, but is not limited to backfilling, seeding, mulching or grading.
(3) A bond, sufficient to cover the cost of incomplete demolition, restoration, may be required until improvements have been made to the satisfaction of the Zoning Administrator, at which time the bond may be released. The Village Administrator may waive the bond requirement when proceeding in accordance with the procedure allowed under ORC Section 3926.86(C).
(4) Incomplete demolition shall mean where demolition has commenced within the six-month timeframe after approval of the zoning certificate but where demolition was halted before all of the demolition was completed. The Zoning Administrator may grant a three-month time expansion to complete demolition if just cause is given by the applicant and the building or structure is determined to be stable and does not pose any danger to the public.
(Ord. 2023-16. Passed 6-5-23.)
1111.07 NUISANCE CONTROL.
(a) Nuisance Control Required. No person, whether the owner, lessee, agent, tenant or other person or entity having charge or care of land in the Village, shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance outside of any building within the Village. These requirements are not intended to restrict any use permitted by this code provided all regulations pertaining to that use are followed.
(b) Public Nuisance Defined. As used in this code, a public nuisance shall mean any act, structure, thing, occupation or use of property which shall be of such a nature and shall continue for such length of time as to do any of the following:
(1) Substantially annoy, injure or endanger the public health or safety of the public;
(2) Cause conditions which adversely affect the legitimate use and enjoyment of surrounding areas; or
(3) Unlawfully and/or substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.
(c) Illustrative Enumeration. Public nuisances shall include but not be limited to the following acts, conduct, omissions, conditions or things:
(1) The breeding or care of cattle, horses, swine, llamas, chickens, or other such non-domestic animals except where permitted;
(2) Accumulation of large piles of natural materials (sticks, leaves, logs)
(3) The parking of a number of vehicles (including motorcycles, boats, and RVs) that obstructs traffic or unreasonably uses available parking in the vicinity;
(4) Any accumulation of garbage, refuse, rubbish, trash, junk or accumulation of metals, plumbing fixtures, appliances, auto parts, lumber, furniture, clothing, household items or other materials, such as to create an unsightly appearance or in a manner in which flies, mosquitos, disease-carrying insects, rodents, or other vermin may breed or may reasonably be expected to breed;
(5) Abandoned unlicensed or inoperable motor vehicles and equipment including inoperable, disabled, obsolete, cannibalized and/or incomplete contractor equipment, construction equipment or farming equipment;
(6) Any concentration of building materials including concrete, wood, steel or masonry which are not suitable for building construction, alterations or repairs, and which are in open places;
(7) Any improper or inadequate drainage on property which causes flooding, interferes with the use of, or endangers in any way the streets, sidewalks, parks or other Village-owned property of any kind; or any unauthorized condition which blocks, hinders or obstructs, in any way, the natural flow of branches, streams, creeks, surface waters, ditches or drains; or any collection of water not dedicated as a wetland for which no adequate natural drainage is provided and which is or is known to become a nuisance and a menace to health; or any storm water retention or impoundment device which is operating improperly;
(8) Any use of property, substances or things within the Village, emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches extremely repulsive to the physical sense of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village;
(9) All outdoor lighting that is not shaded or inwardly directed so that no direct lighting is cast upon adjacent property. All outdoor recreational/ sports facility lighting will be reviewed for compliance with regard to the intent to minimize the impact of light trespass and glare on all surrounding properties and public rights-of-way;
(10) Such other actions, conduct, omissions, conditions or things defined or specified in the Codified Ordinances as nuisances or as public nuisances;
(11) Any well, hole or similar excavation which is left uncovered or in such a condition as to constitute a hazard to any child or any person coming on the premises where it is located;
(12) Any accumulation of materials, structure or condition which is capable of being a fire hazard or contributes to the spread of fire in the sole discretion of the Fire Chief; or
(13) Any other condition specifically declared by ordinance to be a danger to the public health, safety, morals, and general welfare of inhabitants of the Village and public nuisance by Village Council.
(d) Filing Complaints, Inspections.
(1) All complaints alleging the existence of a public nuisance shall be filed with the Zoning Administrator.
(2) The Zoning Administrator shall promptly inspect the premises or cause them to be inspected and shall make a written report of the findings of the inspection. Whenever practical, photographs of the premises shall be attached to the written report. The Zoning Administrator shall keep all such written reports on file in accordance with the Village's records retention policy.
(e) Notice to Abate.
(1) Upon determining that a public nuisance exists on a property and that there is a great and immediate danger to the public health and safety, the Zoning Administrator shall cause written notice to be served upon the owners, in accordance with this Section 1111.07(e).
(2) The notice shall state the nature of the nuisance by identifying the conditions and may cite relevant code provisions, and further state that unless such nuisance is so abated or removed, the cost thereof will be charged to the owner, occupant or person causing, permitting or maintaining the nuisance and such cost shall be a lien on the real property where the nuisance was abated or removed.
(3) Such notice shall also state that the failure of such owner, occupant or person to abate the nuisance shall be deemed an implied consent for the Village to abate or remove such nuisance.
(4) If the public nuisance does not constitute a great and immediate danger to the public health, safety or welfare, the Zoning Administrator may serve the owner or occupant of such premises or the person in whose name such real estate was last billed for property tax purposes a notice to demand the abatement or removal of the violation within fifteen (15) days of the date set forth in the notice. Service may be had by certified mail or personal service; or by posting the notice on the property and mailing the notice by first class mail.
(5) The notice to abate shall contain a statement as to the right to request an opinion and the date and time upon which such right shall expire.
(f) Request for Opinion.
(1) The property owner, lessee, agent, tenant, or person having charge or care of the subject land may appeal the determination of nuisance to the Planning Commission as provided in Section 1103.14.
(2) The written appeal must be made within the time period in which to abate the nuisance stated in the notice. This appeal must be submitted, in writing, and shall describe the reasons why the property is not a nuisance. The Planning Commission may extend the time in which the nuisance must be abated, determine that a nuisance does not or no longer exists, or that the nuisance must be abated within the time period set out in the notice or immediately if the period set out in the notice has run. Provided, however, that if the nuisance was determined to be an emergency and that the opportunity for an appeal was not available due to the short period of time to abate the nuisance, an appeal may be heard after the abatement of the nuisance by the Village. In that event, the Planning Commission may determine that the appellant is not liable for the costs, or that, upon good cause shown, a lien shall not be filed by the Village upon the property.
(g) Procedure When Owner Fails to Comply.
(1) The Zoning Administrator may determine that the public nuisance for which a notice has been issued under Section 1111.07(e) constitutes a public nuisance pursuant to Section 1111.07(b) and that the person having charge or care of the land has failed to comply with the notice within the time specified in the notice.
(2) The Zoning Administrator or his designee may cause the abatement of such public nuisance by use of Village force and equipment or by the hiring of private contractors. The reasonable cost thereof shall be a lien on the real property where the nuisance was abated or removed less any monies accruing to the Village from disposal of abated nuisances.
(3) See Section 1111.07(i), below related to the payment of costs and the procedure for the placement of a lien on the property.
(h) Statement of Cost. Upon completion of abatement of the nuisance, the Zoning Administrator shall determine the cost of abatement and shall cause a statement thereof to be mailed to the owner of the land. Such statement of costs shall include:
(1) Village equipment charge;
(2) Village equipment operator charge;
(3) Equipment transportation charge;
(4) Administration and supervision charge;
(5) Removal charge;
(6) Contractual charges;
(7) Permit and inspection fees; and
(8) Any attorneys' fees or other costs.
(i) Payment of Cost.
(1) The owner shall pay such costs as are charged in accordance with this section to the Clerk-Treasurer within thirty (30) days after the statement of charges has been mailed to the owner at the address of record in the office of the County Treasurer.
(2) Such payments shall be credited to the appropriation from which such cost was paid by the Village.
(3) If the charge is not paid within thirty (30) days after mailing, the Clerk-Treasurer shall certify the charges for services as provided in Section 1111.07(g) to the County Auditor, together with a proper description of the premises.
(4) Such amounts shall be entered upon the tax duplication, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the Village with the General Fund pursuant to Ohio R.C. 731.54. (Ord. 2023-16. Passed 6-5-23.)
1111.08 SPECIAL FLOOD HAZARD AREAS (SFH).
(a) Purpose. It is the purpose of this section to promote and provide for the proper use and development of lands subject to periodic flooding and to encourage the development of such lands in a manner that will promote the public health, safety and general welfare of the residents of the Village. The intent of this section is to secure safety from flooding, minimize flood damage to persons and property, minimize public expenditures for flood relief and flood control projects, and to reduce the height and violence of floods insofar as such are caused by any natural or artificial obstruction. In order to accomplish its purposes, this section includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to flooding, or which result in damaging increases in erosion, in flood heights or in flood water velocity;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of the floodplain, watercourse channels and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling the filling, grading, dredging and other development which may increase flood damage; and
(5) Preventing or regulating the creation of floodway obstructions or encroachments which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(b) Basis for Establishing the Floodplain. To secure this degree of safety from flooding and damages of flooding, the objectives of this section are to assure the retention of sufficient natural floodway area to convey flood flows; to designate a minimum flood protection elevation; to reduce the height and violence of floods insofar as such are increased by any encroachment or flood obstruction:
(1) The floodplain constitutes two (2) special flood hazard areas which are hereby established for and effective in the floodway and floodway fringe of the Village and which shall be subject to the regulations of this section. The floodway and the floodway fringe areas are detailed on the flood profile and Flood Insurance Rate Map (FIRM) contained in the Flood Insurance Study and are subject to the provisions of this section.
(2) These two areas distinguish between:
A. The hazards to life and property associated with that portion of the floodplain required to carry and discharge the waters of a base flood (the floodway area) and
B. The remaining portion of the floodplain that is subject to inundation during a base flood (the floodway fringe area).
(3) The regulations of this section shall be construed as being supplementary to the regulations imposed on the same lands by virtue of the land being part of a zoning district. It is not intended by this section to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this section. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
(4) It shall be the intent of this section to use the most current data available for identifying the floodplain, floodway, and floodway fringe. Such data may be supplied by the Ohio Department of Natural Resources, Federal Emergency Management Agency or an approved technical institute or governmental agency. Consideration shall be given to an engineer-certified specific site survey and study which presents detailed elevation information which is not otherwise available.
(c) Delineation Of Floodway and Floodway Fringe Areas.
(1) The selection of the floodway area shall be based on the principle that the area chosen for the floodway must be sufficient to carry the waters of the base flood without increasing the water surface elevation of that flood more than one-half foot at any point within the watercourse or an affected watercourse reach. This floodway area designation is established on the Flood Insurance Rate Map (FIRM).
(2) The landward boundary of the floodway fringe area shall be that of the base flood. The channelward boundary of the floodway fringe area shall be that of the abutting floodway.
(d) Availability of Maps Delineating the Floodplain.
(1) The Village shall make available and maintain information as to the floodplain which will provide descriptive data delineating the floodway and floodway fringe area boundaries along the major watercourses within the Village by which the location of individual properties can be determined in relation to the floodplain.
(2) Where a watercourse meanders through or extensively borders a given subdivision or other parcel of land resulting in varying flood elevations, the highest flood elevation affecting a given parcel of land may be used to determine a flood protection elevation for the entire parcel or subdivision.
(e) Permitted Uses in the Floodway.
(1) Within a floodway area, no buildings or structures shall be used and no buildings or structures shall be erected, constructed, altered, or enlarged for any purpose and no premises shall be used which are arranged, intended or designed to be used for other than one of the following uses as permitted by the underlying zoning district.
A. Agricultural use;
B. Public or private recreational use;
C. Public or private water-oriented facility for recreational or navigational use and water measuring and control device; or
D. Public utility such as an underground culvert or pipe, street or railroad not requiring fill, and watercourse-crossing bridge or transmission line above the flood protection elevations.
(2) No building, alteration of an existing building, structure or other encroachment, whether public or private, shall be permitted in the floodway which acting alone or in combination with existing or reasonably anticipated uses would impair the designated floodway's ability to carry and discharge the water resulting from the base flood.
(3) No structure associated with use listed in Subsection 1111.08(e)(1) hereof, including the supporting members of bridges and other public facilities crossing a watercourse, shall be permitted unless an engineering analysis by a registered engineer demonstrates that encroachment will not result in any increase in the water surface elevation during the base flood.
(4) Any building expansion or structure in addition to being floodproofed in accordance with Section 1111.08(k) shall meet the following requirements:
A. Have a low flood damage potential;
B. Be located on the site outside the floodway whenever possible;
C. Be aligned so as to minimize its potential as an obstruction to the flow of water;
D. Minimize the barrier effect of appurtenant works such as fences and landscaping walls; and
E. Maintain the terrain.
(f) Prohibited Uses in the Floodway.
(1) Within the floodway no building, structure, or premises shall be used, and no building or structure shall be erected which is designed to be used for overnight accommodations by human habitants.
(2) Any alteration of the floodway terrain through the shifting, addition or removal of material acting alone or in combination with other reasonably anticipated alterations would impair the designated floodway's ability to carry and discharge the waters resulting from the base flood is prohibited. The applicant shall provide an engineering analysis performed in accordance with standard engineering practices for any proposed alteration of the floodway terrain.
(g) Permitted Uses in the Floodway Fringe.
(1) Any use expressly permitted by the underlying zoning district is also permitted in the floodway fringe.
(2) Any building, structure, or premises located on any portion of any parcel that is within, or partially within, the floodway fringe shall be erected, arranged or designed to be used as specified by the underlying zoning district and in accordance with the following specifications.
A. Residential.
i. Each residential building or alteration of an existing residential building shall be elevated such that the lowest floor, including the basement, cellar, or crawl space, is equal to or above the flood protection elevation for the site.
ii. A residential building shall have a means of ingress and egress to land outside the floodplain that is above the flood protection elevation and substantial enough for both pedestrian and vehicular access during a base flood.
B. Commercial, Manufacturing, and Other Nonresidential Uses.
i. New construction of, or substantial improvement to, any building, structure or appurtenant work shall be elevated as provided for in Subsection 1111.08(g)(2)A hereof, or, together with attendant utility and sanitary facilities, shall be floodproofed as provided in Section 1111.08(k) to a point at or above the flood protection elevation.
ii. Accessory land uses such as yards, railroad tracks and parking lots may be at lower elevations.
C. Public Streets. Public streets shall be at a point equal to or above the flood protection elevation, or in developed areas shall meet the maximum elevation already established.
D. Railroads, Transmission Lines, Pipes, Well Fields and Related Facilities Protection to a point equal to or above the flood protection elevation shall be provided where failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area.
E. Storage Of Material. Material that, in time of flooding, is buoyant, flammable, explosive or could be injurious to human, animal or plant life shall be stored at or above the flood protection elevation, floodproofed or protected by structural measures consistent with the standards set forth in Section 1111.08(k).
F. Utilities.
i. Any new or replacement water supply system or sanitary sewage system shall be designed to minimize or eliminate infiltration of flood waters into the system.
ii. Any new or replacement sanitary sewage system shall also be designed to minimize discharge from the system into flood waters.
iii. An on-site waste disposal system shall be located so as to avoid impairment or contamination during flooding.
(h) Prohibited Uses in the Floodway Fringe.
(1) Within the floodway fringe area, no building, structure, or premises shall be used and no building or structure shall be erected in such a manner as to result in an encroachment into the floodway.
(2) Landfill is prohibited in the floodway fringe unless associated with a specific site development the extent of which shall be fully detailed on the zoning certificate application and the certificate issued therefor.
(i) Zoning Certificate Required for Development in the Floodplain. Within the floodplain, no building or structure shall be erected, constructed, altered, or enlarged and no development or use shall occur except upon the issuance of a zoning certificate.
(1) Application for a zoning certificate shall be made to the Zoning Administrator in accordance with Section 1103.13: Zoning Certificate.
(2) Decision on the Zoning Certificate.
A. The Zoning Administrator shall not issue a zoning certificate until:
i. It has been determined that sites affected by the floodplain as designated by the Flood Insurance Study meet all the provision of this section; or
ii. In unnumbered A zones where FEMA has not provided data, the Village Administrator has determined based on data supplied by the applicant's engineer or architect that the proposed development will not adversely affect the flood-carrying capacity of the area of special flood hazard. "Adversely affect" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one-half foot at any point. The Village Administrator may require additional engineering data as part of the application in order to make such a determination.
B. Review all applications to assure that all necessary permits have been received from those federal, state and local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining any additional permit that are necessary from other federal, state, or local agencies.
C. The Zoning Administrator shall have the authority to make interpretations, where needed, as to the exact location of the boundaries of special flood hazards when there appears to be a conflict between a mapped boundary and actual field conditions. Where a map boundary and elevation disagree, the elevations delineated in the flood elevation profile shall prevail. The applicant may appeal the interpretation in accordance with Section 1103.14: Appeals to the Planning Commission.
(j) Variances.
(1) Applications for variances from the development standards of this section shall be filed for determination by the Planning Commission pursuant to Section 1103.12.
(2) No variance shall be granted unless the Planning Commission determines the application complies with Section 1103.12(c), and below.
(3) No variance shall be granted from the provisions of this section by the Planning Commission until it has considered all the following:
A. The danger that materials may be swept onto other land to the injury of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed development to flood damage and the effect of such damage on the owner;
D. The importance of the services provided by the proposed development to the Village;
E. The necessity to the development of a waterfront location, where applicable;
F. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
G. The compatibility of the proposed use with existing and anticipated development;
H. The relationship of the proposed use to adopted plans and floodplain management program for that area;
I. The safety of access for vehicles to the property in times of flood;
J. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges; and
L. Whether the land proposed to be developed consists of less than one-half acre and is contiguous to and surrounded by lots with existing structures constructed below the base flood level. The granting of variances is more appropriate for such small tracts than for larger tracts.
(4) No variance shall be granted by the Planning Commission where the variance will result in increased flood heights, additional threats to public safety, extraordinary public expense or nuisances.
(5) The Planning Commission shall grant the minimum variance from development standards of the section necessary to grant relief to the applicant consistent with the flood hazard to the area.
(6) No variance shall be granted by the Planning Commission for land located within any designated floodway where the variance will result in any increase in flood levels during the base flood discharge.
(7) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(k) Development Standards for Flood Hazard Reduction. The following development standards apply to all areas within the floodway fringe.
(1) Anchoring.
A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. All manufactured homes not otherwise regulated by the ORC pertaining to manufactured home parks shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(2) Construction Materials and Methods.
A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(3) Utilities.
A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
C. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4) Subdivision Proposals.
A. All subdivision proposals, including manufactured home subdivision, shall be consistent with the need to minimize flood damage.
B. All subdivision proposals, including manufactured home subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
C. All subdivision proposals, including manufactured home subdivisions, shall have adequate drainage provided to reduce exposure to flood damage.
D. All subdivision proposals, including manufactured home subdivisions, shall meet the specific standards of Section 1111.08(k)(9).
(5) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
(6) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:
A. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the standards of this subsection.
(7) Manufactured Home Standards. The following standards shall apply to all new and substantially improved manufactured homes not subject to the manufactured home requirements of Ohio R.C. 3733.01.
B. Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation.
(8) Enclosures Below the Lowest Floor.
A. The following standards apply to all new and substantially improved residential and nonresidential structures which are elevated to the base flood elevation using pilings, columns or posts. Fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall:
i. Be certified by a registered professional engineer or architect; or
ii. Must meet or exceed the following criteria:
a) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
b) The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other openings provided that they permit the automatic entry and exit of floodwaters.
B. Any enclosure which meets these criteria shall be considered as having met the requirements of Section 1111.08(k)(1).
(9) Subdivisions and Large Developments. In all areas of special flood hazard where base flood elevation data have not been provided in accordance with Section 1111.08(b) or 1111.08(l)(2), the following standards apply to all subdivision proposals, including manufactured home subdivisions, and other proposed developments containing at least fifty lots or five acres (whichever is less):
A. The applicant shall provide base flood elevation data performed in accordance with standard engineering practices;
B. If Section 1111.08(k)(9)A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
(l) General Provisions.
(1) Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section does not create liability on the part of the Village, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(2) Use of Other Base Flood Elevation and Floodway Data. Areas of special flood hazard where base flood elevation data have not been provided by the Federal Emergency Management Agency in accordance with Section 1111.08(b), are designated as Zone A on the community's Flood Insurance Rate Map. Within these areas, the Zoning Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data obtained under the provisions of Section 1111.08(l)(2), in order to administer the provisions of this section.
(3) Alteration of Watercourses. The Village Administrator shall notify all adjacent communities and the Ohio Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse, submit evidence of such notification to the Federal Emergency Management Agency and require that maintenance is provided within the altered or relocated portion of a watercourse so that its flood-carrying capacity is not diminished.
(4) Reports of Variances Granted. The Village Administrator shall report any variances granted from the development standards of this section to the Federal Emergency Management Agency upon its request.
(Ord. 2023-16. Passed 6-5-23.)
1111.09 SOURCE WATER PROTECTION STANDARDS.
(a) Purpose. The purpose of the source water protection standards is to safeguard the public health, safety and welfare of the persons and property in the Village of Centerburg by protecting the ground water that serves as the Village's source of drinking water. The source water protection standards are intended to provide for the protection of the water supply into the future, maintain the natural aquifer recharging ability, reduce the potential for contamination of the water supply, and heighten awareness of the need to protect the Village's water supply. The regulations of this section are for the purpose of protecting the Village's potable water supply from contamination from existing and future potential pollution sources through the regulation of the use of those substances which could pose a threat to the Village's existing and future wellheads and the surrounding aquifer.
(b) Determination of Applicability.
(1) This section applies to any use, structure, storage, activity or operation by a facility within a 300-foot radius of the Village's wells, which are maintained by the Village as a drinking water source. Any use, change in use or occupancy, construction, grading, structural relocation, alteration, addition or demolition shall be in conformance with the provisions of this code. Property owners, facility operators, and occupants shall comply with all applicable Federal, state and local regulations in addition to this code. Where other applicable regulations are in conflict with this section, the more restrictive provision shall apply.
(2) It shall be the responsibility of any person owning real property or owning or operating a business within the Village of Centerburg to make a determination of the applicability of this section as it pertains to the property or business or operation, and failure to do so shall not excuse any violations of this section.
(c) Basis for Establishing the Source Water Protection Standards. The basis for establishing the source water protection standards was the guidance received from the Ohio Environmental Protection Agency, including but not limited to the February 2003 Drinking Water Source Assessment for the Village of Centerburg on file at the Village office with the Village Clerk.
(d) Applicability Across Lot Lines. Where the applicability of the source water protection standards bisects a parcel of land, only the portion of the parcel within the 300-foot radius from the well shall be considered as being subject to these standards unless the Zoning Administrator or Planning Commission makes the determination that the property needs to be monitored for potential adverse impacts on the source waters that this chapter is intended to protect. Factors that shall be taken into consideration when such determinations are made include, but are not limited to, the amount of area within and outside of the radius, the size and shape of the parcel, access to the parcel, the degree to which the parcel may be subdivided, environmental features of the parcel, the proposed use of the parcel, and the ability to develop the parcel using that portion outside of the radius.
(e) Allowed Uses. Except as otherwise prohibited by this section, permitted uses and conditional uses shall be those of the applicable zoning district. The development standards of the applicable zoning district shall apply to sites within the 300-foot radius. Where a conflict exists between the standards of the applicable zoning district and this section, the standards of this section shall apply.
(f) Special Uses, Prohibited Uses, and Nonconforming Uses. The special uses within the 300-foot radius shall be those of the applicable zoning districts subject to any more restrictive regulations of this section.
(1) Sanitary landfills, drywells and the filling in of land with demolition debris or other non-approved matter, and junkyards, are prohibited.
(2) Commercial or other facilities for the washing of vehicles or equipment shall be permitted only if the wastewater from such facilities is entirely channeled into the sanitary sewer system.
(3) Wastewater treatment plant discharges are permitted when subject to discharge limitations prescribed by the appropriate state and national regulatory agencies.
(4) If a nonconforming use of any land, building or structure is discontinued for six (6) months or more, any further use shall be in conformity with the 300-foot radius.
(g) Groundwater Protection Standards.
(1) Use, storage, handling and/or production of regulated or hazardous substances in conjunction with permitted and conditional uses in this district shall be limited as to each use, to:
A. The aggregate of regulated or hazardous substances in use, storage, handling and/or production may not exceed twenty (20) gallons or 160 pounds at any time.
B. The total use, storage, handling and/or production of regulated or hazardous substances may not exceed fifty (50) gallons or 400 pounds in any twelve (12)-month period.
(2) Storage of fuel and lubricants is prohibited except for regulated substances that are an integral component of and stored on individual vehicles or equipment that are used specifically and solely for the operation of the equipment in which the substances are contained.
(3) No substitutions of a non-conforming use shall be permitted which results in an increase of the Hazardous Potential Ranking System on a parcel within this district. If the Hazardous Potential Ranking decreases for a non-conforming use for a period of twelve months or more, the non-conforming right to the higher Hazardous Potential Ranking shall be deemed to have been lost through non-use for that period of time.
(4) Heating fuels for residential use in tanks having a capacity of 500 gallons or less are exempt from this code.
(h) Hazard Potential Ranking System For Nonconforming Uses.
(1) Any existing uses legally storing, handling using and/or producing regulated or hazardous substances in amounts equal to or less than the requirements under Section 1111.09(g) are considered conforming uses and this section does not apply. Any new use or change of uses shall maintain the conforming status of the property.
(2) Existing nonconforming uses shall be permitted to maintain the reported maximum quantity for each reportable regulated or hazardous substance, as determined by peak business cycle. Existing uses and maximum quantities, in combination with a hazard potential rating shall run with the land and be administered in conformance with all other applicable nonconforming provisions of this code.
(3) In order to assess the risk for potential groundwater contamination, a hazard ranking has been developed for various activities categorized by their Standard Industrial Classification (SIC) code. This ranking is based on the kind of materials commonly associated with each use looking only at the most critical hydrologic factors. This ranking, published and updated regularly by the USEPA, is hereby incorporated by reference.
(i) Regulated Materials Activity Inventory.
(1) Except as provided in Section 1111.09(g)(2) through 1111.09(g)(4), any owner or occupant of any land in the 300-foot radius established in this section at the effective date of the section, shall file a Regulated Substance Activity Inventory Report with the Zoning Administrator. Said report shall be filed within 180 days of the effective date of this section and at twelve (12)-month intervals thereafter.
(2) Except as provided in Section 1111.09(f)(2) through 1111.09(f)(4), any new owner or occupant of any land in the 300-foot radius established in this section shall file a Regulated Substance Activity Report prior to receipt of a certificate of occupancy and at twelve (12)-month intervals following the date of occupancy. For purposes of this section, new shall be defined as subsequent to the effective date of this section.
(3) Where a person owns, operates or occupies more than one location, Regulated Substances Activity Reports shall be made for each location.
(4) Agricultural uses shall file a Regulated Substance Activity Report within 180 days after the effective date of this section and at twelve (12)-month intervals thereafter. Regulated Substance Activity Reports for agricultural uses shall include total annual on-site application of regulated substances for the reporting property.
(j) Regulated or Hazardous Materials. The materials, chemicals or substances regulated by this chapter, and particularly restricted by Section 1111.09(g), are listed and published under the authority of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Title III of the Superfund Amendments and Reauthorization Act (SARA), and the Emergency Planning and Community Right to Know Act of 1986, which list as are currently in effect and may be revised, are hereby adopted by reference. Said regulated or hazardous materials, include but are not limited to:
(1) Petroleum or petroleum-based liquid products;
(2) Antifreeze, transmission fluids, brake fluids and coolants;
(3) Solvents (raw or spent), alcohols, hydrocarbons, and ketones;
(4) Inks, pigments, printing and photography chemicals;
(5) Paints, primers, thinners, stains, wood preservatives, varnishes, and cleaning compounds;
(6) Industrial and commercial cleaning supplies, drain cleaners, and sanitizers;
(7) Pesticides, herbicides, bactericides, algaecides and fertilizers;
(8) Acids and Bases with pH of two (2) or less or greater than twelve (12);
(9) Aqueous metals; and
(10) The materials, chemicals or substances regulated by this chapter, and particularly restricted by Section 1166.06, are listed and published under the authority of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Title III of the Superfund Amendments and Reauthorization Act (SARA), and the Emergency Planning and Community Right to Know Act of 1986, which list(s) as are currently in effect and may be revised, are hereby adopted by reference.
(Ord. 2023-16. Passed 6-5-23.)