Chagrin Falls City Zoning Code
TITLE FIVE
Supplemental Zoning Standards
APPENDIX A Similar Use Designations
Res. No. Date Description
1979-409 3-12-79 Townsend Reading and Learning Center, use similar to those permitted in Section 1139.03.
1984-3 2-27-84 Proposed use at 34 W. Washington St. similar to those authorized under Section 1123.03.
1984-17 7-9-84 Dog grooming salon as permitted use in Limited Industrial District, open only 5 days a week, 9:00 a.m. to 5:00 p.m., with no overnight housing of dogs or other animals.
1988-82 10-24-88 “Optometrist” as a use similar to “medical office” permitted in the Office District.
1993-22 2-22-93 Catering service as similar use to those authorized under Section 1139.02(a)(3)E. (allowed uses in Limited Industrial Zoning District).
APPENDIX B ZONING MAP CHANGES
Ord No. Date Description
1964-598 6-8-64 Sixteen acres being part of Russell Twp. Lots 18 and 19 from R-1-100 Use District to Golden Age District, No. 2 Height District.
1964-607 12-14-64 Part of Russell Twp. Lot 18, Champion Tract near North St. from Park and Institutional Use District to R-50 Use District (Single Family).
1966-651 8-16-66 Part of Orange Twp. Lot 21 in Tract 3 near Solon Rd. from R. 1.50 Use District to District B (Retail) Business District.
1966-652 8-16-66 Part of Orange Twp. Lot 21 in Tract 3 near Solon Rd. from R. 1.50 Use District to District B (Retail) Business District.
1966-653 9-20-66 Part of Solon Twp. Lot 8, Tract l, near Solon Rd. from R. 1.100 Use District to District O, Business District (Office Building).
1966-654 10-18-66 Part of Solon Twp. Lot 8, Tract 1, near Solon Rd. from R1-100 (Single Family) to RMF-25 Use District (Apartments).
1967-682 6-6-67 Parts of Gardner and Hallock's Allotment, Russell Twp., near Philomethian and Bell Sts., from L1 Use District (Limited Industrial) to B Use District (Retail Business).
1972-866 6-6-72 Northerly one-half of Sublot 79, Graves Allotment, Orange Twp., near N. Main and E. Cottage Sts., from "O" Use District (Office Building) to "B" Use District (Retail Business).
1972-886 3-6-73 Part of Sublot 78 in Graves' Subdivision, Orange Twp., near Orange and Cottage Sts. from "O" Use District (Office Building) to "B" Use District (Retail Business).
1973-907 7-10-73 Parcel of land near E. Washington St. from L. I. Use District and R-1-60 Use District (Single Family) to R-1-100 Use District (Single Family).
1974-940 10-15-74 Part of Solon Twp. Lot 8 near Hillside Ave. and Miles Rd. from R-1-60 Use District to R-1-100 Use District.
1975-961 2-18-75 Part of Orange Twp. Lots 14 and 21 near Miles Rd., along Corporate limit between Chagrin Falls and Moreland Hills from R-1-60 Use District to R-1-100 Use District.
1975-963 5-20-75 Part of Russell Twp. Lot 17 near E. Washington St. from Limited Industry Use Classification (LI) to R-1-100 Use District.
1979-1148 Approved Property located at 20 S. Franklin Street, owned by the United by Voters Methodist Church of Chagrin Falls, from Office Use (O) District 11-6-79 to Park and Institutional (PI) District. |
Ord. No. Date Description
1980-36 11-4-80 Property located at Bell and Cleveland Sts. from L-1 Use District to ASFR Use District.
1980-37 11-4-80 Property on Solon Rd., Permanent Parcel No. 932-26-002 from District O, Business District to ASFR District.
1981-10 11-3-81 Property at rear of 231 E. Washington St., Permanent Parcel No. 932-9-13, from Limited Industrial District to Residential One-Family-60 District.
1981-12 11-3-81 Permanent Parcel No. 932-21-004 from Residential One-Family-100 District to Attached Single-Family Residential District.
1982-1 2-22-92 Adopting updated Zone Map.
1986-20 11-4-86 Permanent parcel 932-19-9, at 178 E. Washington St. from Limited Industrial to Office.
1986-21 11-4-86 Permanent parcel 931-18-15, at 93-97 American St. from office to 2-Family Residential.
1986-22 11-4-86 Permanent parcels 931-18-51, 931-18-27, 931-18-26, 931-18-25, 931-18-24, 931-18-23 and 931-18-22 at 93-127 Bell St. from RMF-10 to R1-50 District.
1986-24 11-4-86 Permanent parcel 932-19-8, at 160 E. Washington St. from Limited Industrial to Office.
1986-25 11-4-86 Permanent parcel 932-6-39 at 34 W. Washington St. from Park and Institutional to Office.
1986-37 11-4-86 Permanent parcel 932-25-8, on Solon Rd. from One Family 100 (R1-100) to Park and Institutional.
1991-52 11-5-91 34 E. Orange St. (Permanent Parcels 931-13-39, 931-13-40, 931-13-41) from One Family 60 Residential (R1-60) to Parks and Institutional (PI) District.
1992-27 5-11-92 Permanent Parcel 931-1-007 from Residential to Parks and Institutional PI District.
1993-44 7-12-93 Two land parcels from the Railroad Property rezoned R1-100 and R1-50; two properties zoned Limited Industrial rezoned to permit existing limited industrial uses.
1996-49 8-12-96 Whitesburg Park from Residential (R-1-100) to Conservation District.
1996-50 8-12-96 Permanent Parcel 931-1-7 from Parks and Institutional to Conservation District.
1998-63 11-3-98 Permanent Parcel 932-19-9 (178 E. Washington St.) from Office District to Residential R1-60 District.
1999-23 4-26-99 Permanent Parcels 931-6-2, 931-6-13 and 931-6-15, from Park and Institutional to both Park/Institutional and Cluster Development.
2000-6 3-27-00 Includes new boundaries of expanded Central Shopping District as recommended by Planning and Zoning Commission; amends Zoning Map.
Ord. No. Date Description
2000-66 11-13-00 Permanent Parcels 931-22-007 and 931-23-007, from R1-100 to Conservation District.
Permanent Parcel 931-16-001 from R1-60 to Conservation District.
Permanent Parcel 932-27-003 from R1-100 to Parks and Institution District.
2000-94 1-8-01 Permanent Parcels 931-13-58 to 931-13-61 zoned Parks and Institutional District.
2001-49 8-13-01 Permanent Parcel 932-25-4 (Waste Water Treatment Plant site) from R1-60 to Parks and Institutional (PI) District.
2004-50 9-27-04 Several Permanent Parcels (Shopping Plaza) from Central Shopping to Retail Business District.
2005-56 10-24-05 Permanent Parcels 932-17-028 to 932-17-030 and 932-17-010 from Central Shopping to Retail Business District.
2019-39 8-13-19 Permanent Parcels 931-06-002, 012, 015, 025, 027 through 059 and 061 from the Park and Institutional District to the R1-C District. Permanent Parcel 931-10-005 from the R1-100 District to the Institutional District. Permanent Parcel 931-13-024 from the R1-60 District to the Institutional District. Permanent Parcel 931-13-037 through 041 from the Park and Institutional District to the Park District. Permanent Parcel 931-13-049, 058 through 063 from the Park and Institutional District to the Park District. Permanent Parcel 931-13-999 to the Park District. Permanent Parcel 931-14-012 through 015 from the Park and Institutional District to the Institutional District. Permanent Parcel 931-14-020 from the Park and Institutional District to the Park District. Permanent Parcel 931-14-023 and 026 from the Park and Institutional District to the Institutional District. Permanent Parcel 931-15-009 from the R1-60 District to the Park District. Permanent Parcel 931-15-015 from the Park and Institutional District to the Park District. Permanent Parcel 931-15-016 from the Limited Industrial, RMU and Parking Districts to the Limited Industrial District with the RMU District overlay. Permanent Parcel 931-15-018 from the Parking District to the R1-50 District. Permanent Parcel 931-15-019 from the Parking District to the Park District. Permanent Parcel 931-15-020 from the R1-50 District to the Park District. Permanent Parcel 931-15-021 from the R1-50 and Park and Institutional District to the Park District. Permanent Parcel 931-15-022 through 024 from the R1-50 District to the Park District. Permanent Parcel 931-15-031 from the Parking District to the R1-50 District. Permanent Parcel 931-17-001 from the Limited Industrial, RMU and Parking Districts to the Limited Industrial District with the RMU District overlay. Permanent Parcel 931-17-003 from the Parking District to the RMU District. Permanent Parcel 931-17-004 from the R1-100 District to the Conservation District. Permanent Parcel 932-01-014, 932-02-001 through 004 from the R1-100 and Park and Institutional District to the R1-100 District. Permanent Parcel 932-02-006 through 012 from the R1-60 District and Park and Institutional District to the R1-60 District. Permanent Parcel 932-02-025 from the R1-100 and Park and Institutional District to the R1-100 District. Permanent Parcel 932-02-031 from the R1-50 District and Park and Institutional District to the R1-50 District. Permanent Parcel 932-02-032 from the Park and Institutional District and the R1-100 District to the Park District. Permanent Parcel 932-03-005, 006, 008 and 009 from the Park and Institutional District to the Institutional District. Permanent Parcel 932-06-016 from the Park and Institutional District to the Central Shopping District. Permanent Parcel 932-06-018 from the Park and Institutional District to the Institutional District. Permanent Parcels 932-06-037 and 038 from the Central Shopping District to the Institutional District. Permanent Parcel 932-06-039 from the Office and Park and Institutional District to the Office District. Permanent Parcel 932-06-040 from the Park and Institutional District to the Institutional District to the extent parking currently exists and the balance to the Park District. Permanent Parcel 932-06-041 through 043 from the R1-60 and Park and Institutional District to the R1-60 District. Permanent Parcels 932-06-046 through 048 from the Retail Business District and Park and Institutional District to the Retail Business District. Permanent Parcel 932-06-049 from the Central Shopping District and Park and Institutional District to the Central Shopping District. Permanent Parcels 932-07-009 through 011, 932-07-014A and B from the Park and Institutional District to the Institutional District. Permanent Parcel 932-07-023 from the Park and Institutional District to the Park District. Permanent Parcels 932-08-013 and 932-10-028 from the Park and Institutional District to the Institutional District. Permanent Parcel 932-17-050 from the Parking District to the R1-50 District. Permanent Parcel 932-19-090 to the Office District. Permanent Parcels 932-20-011 and 932-21-005 from the Park and Institutional District to the Institutional District. Permanent Parcel 932-25-004 from the Park and Institutional District to the Institutional District. Permanent Parcel 932-25-008 from the Park and Institutional District to the Park District. Permanent Parcel 932-26-001 from the Park and Institutional District to the Park District to the extent that it is currently operated as a ball field and the balance into the Institutional District. Permanent Parcel 932-26-004 from the R1-100 District to the Institutional District. Permanent Parcels 932-27-001 through 003 from the Park and Institutional District to the Institutional District.
2021-19 5-24-21 1. Permanent Parcel No. 932-02-032 from the Park District to the Conservation District.
2. Permanent Parcel No. 931-12-047 from the R1-60 District to the Conservation District.
3. Permanent Parcel Nos. 931-15-015, 931-15-019, 931-15-020 and 931-15-021 from the Park District to the Conservation District.
4. Permanent Parcel No. 931-15-018 from the R1-50 District to the Conservation District.
5. Permanent Parcel Nos. 931-15-022, 931-15-023 and 931-15-024 from the Park District to the Conservation District.
1141.01 INTENT.
Off-street parking and loading requirements and regulations are established in order to achieve, among others, the following purposes:
(a) To prevent and relieve congestion on streets;
(b) To promote the safety and convenience of pedestrians by locating parking areas so as to lessen car movements in areas of congestion; and
(c) To promote the general convenience, welfare and prosperity of institutional, residential, retail business and industrial developments which depend upon off-street parking and off-street loading facilities.
(Ord. 2019-39. Passed 8-13-19.)
1141.02 OFF-STREET PARKING FACILITIES; WHEN REQUIRED.
Accessory off-street parking facilities, including access driveways, shall be determined in conformance with the schedule in Section 1141.05 for the various office, institutional, residential, retail business, industrial buildings and uses, and provided in conformance with the other provisions of this chapter as a condition precedent to the occupancy of such building or use.
(a) Central Shopping District.
(1) A change of one permitted use to another permitted use occupying the existing floor area of a building shall not require parking greater than that already provided for or allowed as a lawful non-conforming use for the previous permitted use of such building.
(2) Parking facilities shall be provided for any additional parking requirement resulting from an increase in the number of dwelling units, indoor or outdoor seating capacity, floor area or number of establishments. For purposes of this section "establishment" shall be considered a use or uses occupying a space which is defined by exclusive access and walls separating such use or uses from all other uses.
(3) Parking facilities shall be provided for the entire building whenever a new building is constructed.
(b) All Other Districts.
(1) Parking facilities shall be provided for the entire building or use whenever a building is constructed or a new use established,
(2) Parking facilities shall be provided for the entire building or use whenever the use of an existing building is changed to a use requiring more parking facilities
(3) Parking facilities shall be provided for the entire building or use wherever an existing building is altered so that there is an increase in the number of dwelling units, seating capacity, floor area or number of establishments. For purposes of this section "establishment" shall be considered a use or uses occupying a space which is defined by exclusive access and walls separating such use or uses from all other uses.
(Ord. 2019-39. Passed 8-13-19.)
1141.03 CONTINUATION OF PARKING FACILITIES.
(a) All off-street parking facilities, or those required as accessory to a use of a proposed or altered building, shall continue unobstructed in operation, shall not be used for automobile service or repair and shall not be reduced below the required size as long as the main use remains, unless an equivalent number of spaces is provided for such use in another approved location in accordance with this Planning and Zoning Code.
(b) In order to insure the continued use for automobile parking purposes of any areas established therefor, the Planning and Zoning Commission may require, before approval of same, evidence in writing that the owner or owners of the land to be included in such automobile parking areas have by covenant agreed to continue the use of such land for off-street parking accessory to the residential, institutional, business or industrial use for which such parking areas are required, such covenant first be reviewed and approved by the Law Director, to be filed among the records of Cuyahoga County, and enforceable by the Municipality.
(Ord. 2019-39. Passed 8-13-19.)
1141.04 STANDARDS AND DEFINITIONS.
For the purpose of determining accessory off-street parking requirements, definitions and standards shall be as follows:
(a) "Accessory off-street parking space" means an open or enclosed area that is not located in a dedicated right of way and that is accessible from a street or alley for parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building or use. Except for one and two-family dwellings, each space shall be not less than nine feet wide and 180 square feet in area. Unless otherwise permitted to use a drive for parking, such required parking spaces shall be exclusive of all drives, curbs and turning space. The number of spaces shall be determined from an accurate plan of the area and the regulations found in Sections 1141.04, 1141.05 and 1141.06.
(b) "Floor area" means the total area of all the floors measured from the exterior faces of the building. Where building floor area is designated as the standard for determining parking space requirements, floor area shall be the total of all floor areas of the building, excluding stairwells and elevator shafts, mechanical equipment rooms and utility rooms; provided however, that such exclusions shall not exceed fifteen percent (15%) of the total floor area.
(c) "Seat" means the number of seating units installed or indicated, or each twenty- four linear inches of benches, pews or space for loose chairs or similar seating facilities; spacing of rows shall be thirty inches on center.
(d) "Employees" means the maximum number of employees on any two successive shifts.
(e) Required Minimum Parking Spaces. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.
(f) Parking facilities serving any dwelling shall be located on the same lot as the dwelling served.
(g) No vehicle shall be parked so that any portion extends over any lot line or public sidewalk.
(h) No off-street parking space shall be located so that any portion extends over any lot line, public sidewalk or public right of way.
(Ord. 2019-39. Passed 8-13-19.)
1141.05 SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES.
Building or Use | Parking Spaces Required |
Institutional | |
Places of public assembly (including places of worship) | One space for each four seats in principal assembly room |
Libraries and museums | 10 spaces plus l additional space for each 300-sq. ft. of floor area in excess of 2,000 sq. ft. |
Primary and secondary schools (private and public) | (a) Elementary schools and kindergartens -four for each classroom; one for every four seats in auditoriums or assembly halls; and one for each additional nonteaching employee (b) High schools and middle schools - one for every ten students, or one for each teacher and employee, or one for every four seats in auditoriums, assembly areas or sports fields, whichever is greater |
Municipal, Township, County, State and Federal buildings used for administrative functions | One space per 200 sq. ft. of office floor area plus one space for each four seats in assembly rooms |
Residential | |
Detached one- or two-family dwelling | Three spaces (at least two enclosed, driveway may count as unenclosed space) per dwelling unit |
Attached single-family dwelling | Three spaces (at least two enclosed, driveway may count as unenclosed space) per dwelling unit |
Multi-family dwelling | Two spaces (at least one enclosed) per dwelling unit |
Rented rooms in one-or two-family dwelling (attached or detached) | One space per room in addition to spaces required for resident family |
Retirement Living: attached one- or two-family dwelling | Three spaces (at least two enclosed, driveway may count as unenclosed space per dwelling unit |
Retirement Living: multi-family | One space for each dwelling unit |
Building or Use | Parking Spaces Required |
Retirement Living: retirement living center building | One space for each two beds plus one space per professional staff person, plus one space for each two non-professional employees on the largest shift |
Office Building | |
Medical and dental offices | One space for each 100 sq. ft. of floor area. |
Other offices | One space per 300 sq. ft. of floor area |
Hotels | One space per guest room or unit plus one space per employee on the largest shift |
Veterinary clinic | One space per 300 sq. ft. of floor area |
Club, lodge or fraternal and service organizations | One space for each four seats in the principal assembly rooms, or one space per 50 sq. ft. of floor area in the principal assembly rooms for places of assembly without fixed seats, whichever is greater |
Funeral homes | One space per 30 sq. ft. of assembly rooms, or one space for each four seats, whichever is greater, but in no case less than twenty spaces |
Retail Business | |
Retail stores, banks, service establishments | (a) Less than 3,000 sq.ft. per unit - 10 spaces per 1,000 sq.ft. of floor area (b) 3,000 - 10,000 sq.ft. per unit - 8 spaces per 1,000 sq.ft. of floor area (c) 10,000 sq.ft. or greater - 7 spaces per 1,000 sq.ft. of floor area |
Automobile service station | One space per employee plus two spaces per service bay |
Eating places, bars, taverns | One space per 50 sq. ft. of floor area, including outdoor eating areas, or one space for each two seats, including outdoor eating areas, whichever is greater |
Indoor theater, auditorium, arena, stadium and other places of assembly | One space for each four seats in the principal assembly rooms, or one space per 50 sq. ft. of floor area in the principal assembly rooms for places of assembly without fixed seats, whichever is greater |
Building or Use | Parking Spaces Required |
Skating rink, swimming pool | One space per 50 sq. ft. of area used for skating or swimming |
Bowling alley | Six spaces per bowling lane |
Physical Fitness | One space per 100 sq. ft. of floor area where physical fitness programs are permitted |
Industrial | |
Executive offices, sales offices | One space per 300 sq. ft. floor area |
Service and storage establishments, laboratories, manufacturing plants and other uses permitted in a limited industrial district | One space per employee on the two largest successive shifts |
Other Buildings or Uses | |
For a specific building or use not scheduled above, the Planning and Zoning Commission shall apply the unit of measurement of the above schedule deemed to be most similar to the parking required by the proposed building or use. If the Planning and Zoning Commission determines that there is no listed use similar to the proposed use, the Planning and Zoning Commission may refer to the estimates of parking demand based on recommendations of the American Planning Association (APA), the Urban Land Institute (ULI) and/or the Institute of Traffic Engineers (ITE). | |
(Ord. 2019-39. Passed 8-13-19.)
1141.06 MODIFICATIONS TO SCHEDULE.
An existing building or use which does not conform to parking requirements as set forth in Section 1141.05 and where land is not available on the same lot or adjoining lot, the Planning and Zoning Commission may modify the location of parking facilities to permit such facilities within 400 feet walking distance of any customer entrance to the building or use. The Planning and Zoning Commission shall permit such facilities only if it determines that the pedestrian route between the parking area and the subject use is safe and does not necessitate unlawful trespassing, and continuous parking is available pursuant to covenants in compliance with Section 1141.03
(Ord. 2019-39. Passed 8-13-19.)
1141.07 SEPARATE OR COMBINED USE OF FACILITIES.
(a) A building containing one use shall provide the off-street parking spaces as required for the specific use.
(b) A building, or group of buildings, containing two or more uses, operating normally during the same hours, and which have different off-street parking requirements shall provide spaces for not less than the sum of the spaces required for each use.
(c) Institutions (as set forth in the schedule in Section 1141.05) may assume that up to, but not more than fifty percent (50%) of their requirements may be shared in contiguous parking areas which are accessory to business establishments and which normally have different hours of operation. Provided however, where there is a sharing of facilities by different owners, there shall be covenants in compliance with Section 1141.03 covering a period of time as may be required by the Planning and Zoning Commission and provided, further, that should any of the uses be changed or the facilities discontinued, then the required spaces for the use remaining shall be provided elsewhere as a condition precedent to the continued use of such building or buildings.
(Ord. 2019-39. Passed 8-13-19.)
1141.08 PEDESTRIAN AND MOTOR VEHICLE SAFETY.
To help insure the safety and convenience of motorists, pedestrians and shoppers within off-street parking and loading areas, the Planning Commission may require additional pedestrian and motor vehicle safety features within such parking and loading areas. Safety features which the Planning Commission may require to be installed include, but are not limited to:
(a) Raised pedestrian walkways.
(b) Crosswalks.
(c) Stop signs.
(d) Motor vehicle directional arrows.
(e) Continuous landscaped strips for pedestrian only traffic.
(Ord. 2019-39. Passed 8-13-19.)
1141.09 ACCESS DRIVES TO PARKING AREAS.
The following standards shall apply to all off-street parking spaces, except those required for one- and two-family dwellings:
(a) Off-street parking spaces shall have access to a public street or alley in such a manner that any vehicle leaving or entering the parking area into or from a public street or alley shall be traveling in a forward motion.
(b) The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the nearest streets.
(c) The centerline of the access driveways shall be at least fifty feet from the right-of- way line of the nearest intersecting street and spaced at not less than 120-foot intervals measured from the centerline of the driveways.
(d) Parking areas of more than ten spaces shall be served by a driveway or driveways with a total of at least one entrance lane and a separate exit lane.
Entrances and exits shall be limited to three lanes. The width of such entrances and exits, measured at the setback line, shall conform to the following schedule:
Width Measured in Feet | ||
Minimum | Maximum | |
One lane | 10 | 12 |
Two lanes | 20 | 24 |
Three lanes | 30 | 36 |
In all cases the radius of the edge of the apron shall be at least fifteen feet so that a car entering from the curb lane shall be perpendicular to the setback line at the driveway without obstructing vehicles in other traffic lanes.
(Ord. 2019-39. Passed 8-13-19.)
1141.10 OFF-STREET LOADING FACILITIES.
Off-street loading facilities shall be provided for all non-residential buildings hereafter erected or altered for such uses. The facilities shall be maintained as long as such building is occupied, shall continue unobstructed and not be used for repair or servicing of motor vehicles. Space required and allocated for off-street parking shall not be allocated or used to satisfy the space requirements for off-street loading, and off-street loading spaces shall not be allocated or used to satisfy the space requirements for off-street parking.
(Ord. 2019-39. Passed 8-13-19.)
1141.11 LOCATION OF LOADING SPACES.
All required loading spaces shall be located on the same lot as the use served and arranged so that a public street or sidewalk will not be occupied during the loading or unloading process. Such spaces may be open or enclosed. They shall not be located in any setback or less than fifty feet from a residential district.
(Ord. 2019-39. Passed 8-13-19.)
1141.12 SIZE OF LOADING SPACE.
(a) A required off-street loading space shall be at least twelve feet wide by at least twenty-five feet in length for buildings less than 15,000 square feet of gross floor area, and each required loading space for a building of 15,000 square feet or more of floor area shall be not less than twelve feet wide by fifty feet in length. Each space shall have a vertical clearance of at least fourteen feet. The required areas shall be exclusive of aisle and maneuvering space.
(b) Uses for which off-street loading facilities are otherwise required but which are located for buildings of less than 5,000 square feet of floor area shall be provided with a receiving platform or other facilities contiguous to a service drive or other open space on the same lot.
(Ord. 2019-39. Passed 8-13-19.)
1141.13 SCHEDULE OF LOADING SPACE REQUIREMENTS.
Building or Use | Gross Floor Area of Building | Required Number of Spaces |
Retail, Office and Institutional | 5,000 to 10,000 square feet | 1 |
10,000 to 40,000 square feet | 2 | |
40,000 to 100,000 square feet | 3 | |
each additional 50,000 sq. ft. | 1 additional space | |
Manufacturing and Industrial | Up to 40,000 square feet | 1 |
40,000 to 100,000 square feet | 2 | |
each additional 50,000 sq. ft. | 1 additional space | |
(Ord. 2019-39. Passed 8-13-19.)
1141.14 IMPROVEMENTS TO PARKING AND LOADING AREAS.
(a) All parking areas and loading areas and access driveways shall be fully improved with an asphalt, concrete or other hard surface materials approved by the Municipal Engineer. Parking areas shall be graded to provide for drainage so that injury will not be caused to adjacent properties nor will water drain across any private or public sidewalk. Appropriate bumper guards or curbs shall be provided in parking areas for three or more spaces in order to define parking spaces or limits of paved areas and to prevent vehicles from projecting into setbacks.
(b) All off-street parking areas for three or more spaces shall be marked with paint lines, curb stones or in some other manner approved by the Administrator and shall be maintained in a clearly visible condition.
(c) The Planning and Zoning Commission shall require landscape features or a fence between a parking or loading area and a side or rear lot line of a residential district. All perimeter screening including parking lot street frontage shall be a minimum of five feet wide and in accordance with Sections 1142.05 and 1142.06 of this Planning and Zoning Code.
(d) The driveways, parking area pavement, curbs and bumper guards shall be constructed in accord with standards established by the Municipal Engineer.
(Ord. 2019-39. Passed 8-13-19.)
1141.15 ILLUMINATION OF PARKING AND LOADING AREAS.
1141.16 APPROVAL OF PARKING AND LOADING PLANS.
Detailed drawings of off-street parking and loading areas, except for one and two-family dwellings shall be submitted to the Planning and Zoning Commission for approval. The drawings shall show each space, dimension of driveways, aisles and other features enumerated in this chapter. (Ord. 2019-39. Passed 8-13-19.)
1141.17 PERFORMANCE BOND REQUIRED.
The Administrator may require a performance bond for any grading, curbing, paving, striping or lighting of parking lots when the work is required under Chapter 1150 or Section 1141.14. The amount of the performance bond shall be determined by the Administrator and be in relationship to the amount of work being performed.
(Ord. 2019-39. Passed 8-13-19.)
1142.01 INTENT.
It is the intent of these regulations to achieve, among others, the following purposes.
(a) To ensure that the open areas on developed lots are attractively landscaped and maintained.
(b) To ensure that residential areas are adequately screened and buffered from adjoining nonresidential developments.
(c) To preserve attractive visual landscapes along public streets.
(Ord. 2019-39. Passed 8-13-19.)
1142.02 APPLICABILITY.
1142.03 GENERAL LANDSCAPING.
Any portion of a developed lot not used for permitted main and accessory buildings or structures shall be landscaped with vegetative ground cover, shrubs and trees in accordance with an overall landscaping plan acceptable to the Municipality. Such landscaping shall be maintained in good condition. In the development of property, existing trees and significant vegetation shall be retained wherever feasible.
(Ord. 2019-39. Passed 8-13-19.)
1142.04 STREET TREES.
(a) General. A grass-covered strip of land at least seven feet in width shall be provided and maintained contiguous to each property in a location between the sidewalk (where one exists or is proposed), and the curb or pavement edge of a contiguous public street. Such area shall be planted with trees spaced at intervals of not more than thirty-five feet on centers at an initial diameter of three inches at twelve inches above ground level.
(b) Tree Types. All tree varieties shall be from a list of approved trees kept on file in the Building Department.
(c) Private Streets. The requirement for tree plantings shall also apply to private streets in Attached Single Family, Multi-Family, Retirement Living, Residential Mixed Use and Cluster Residential Districts. However, such trees may be spaced at intervals greater than thirty-five feet, as approved by the Administrator, in order to encourage the clustering of trees.
(Ord. 2019-39. Passed 8-13-19.)
1142.05 PARKING AREAS.
(a) Perimeter Planting. A continuous landscaped strip of evergreen shrubs planted at intervals of not more than five feet on centers and at initial height of at least two feet shall be provided and maintained along any side of a parking area which is located in a setback abutting a public street. The Planning and Zoning Commission may permit alternative forms of planting if it determines that the required planting is either infeasible or not in keeping with an area's character.
(b) Interior Landscaping. Any single parking area with fifty or more spaces shall utilize at least five percent (5%) of its area for landscaping designed to interrupt the expanse of paved surface. In Attached Single Family, Multi-Family, Residential Mixed Use, and Retirement Living Residential Districts, landscaped islands shall be provided so that no row of parking exceeds eight spaces in length. (Ord. 2019-39. Passed 8-13-19.)
1142.06 PERIMETER SCREENS.
A planted area designed to screen views and noise shall be provided along certain lot lines separating uses which are not fully compatible. The location and nature of such perimeter screens shall be in accordance with the following regulations.
(a) Location of Screen. A perimeter planted screen shall be provided along the following lot lines:
(1) On the property of a Retail or other Business, Office, or Industrial District use that abuts a Residential, Park or Institutional District use.
(2) On the property of a Multi-Family Residential, Attached Single-Family, Residential Mixed Use or Retirement Living District use that abuts a R1 or R2F District use.
(3) Along the rear lot line of an Industrial District abutting a public street.
(b) Nature of Screen. The planted area shall provide a continuous visual screen to an initial height of at least eight feet. The screening effect shall be achieved in a manner deemed appropriate by the Planning and Zoning Commission. One appropriate method involves the planting of evergreen trees at intervals of not more than ten feet on centers and at an initial height of at least eight feet. Another appropriate method involves the planting of evergreen shrubs at intervals of not more than five feet on centers used either along, if sufficient in height, or as a supplement to a row of deciduous trees. Other acceptable approaches include the use of landscaped earth mounds topped by shrubbery.
(c) Exceptions. The screening requirement shall not apply where natural or man-made barriers exist which will provide permanent screening generally equivalent to that required.
(Ord. 2019-39. Passed 8-13-19.)
1142.07 UTILITY USES.
Maintenance facilities, sanitation facilities, storage facilities and utility uses including but not limited to electrical substations, telephone exchanges, communication related boxes and telephone terminal boxes located in any district except Industrial Districts shall be governed by the following landscaping and fencing regulations.
(a) Landscaping. Utility uses shall be substantially screened from view by evergreen shrubbery and/or trees, as approved by the Administrator. Such landscaping shall not be required along a lot line bordering an Industrial District.
(b) Fencing. Utility uses shall be completely enclosed by a fence or wall not less than five feet and not more than seven feet in height. The design and construction of such fences shall be approved by the Architectural Board of Review in consideration of factors of safety and visual impact on nearby uses. For uses which do not present safety hazards, the Administrator may waive the fencing requirement.
(Ord. 2019-39. Passed 8-13-19.)
1142.08 VISIBILITY AT INTERSECTIONS.
In all zoning districts, within a triangle formed by lines drawn between points on two street right-of-way lines twenty-five feet from their point of intersection, substantially unobstructed sight lines shall be maintained within a vertical height band two and one-half to six feet above curb level.
(Ord. 2019-39. Passed 8-13-19.)
1142.09 MAINTENANCE OF LANDSCAPING AND REPLACEMENT OF LANDSCAPING.
All landscaping required by this Chapter 1142 shall be maintained in good condition and, when necessary, shall be replaced with landscaping comparable to the landscaping required by the approved landscape plan in accordance with the following:
(a) Any tree, shrub, or bush, due to its condition, shall be replaced, at a minimum, with a tree, shrub, or bush that is comparable to the type and height of the tree, shrub, or bush specified for initial planting in the approved landscape plan.
(b) Any request to plant or maintain landscaping that is not comparable to the landscaping required by the approved landscape plan shall be reviewed by the Administrator and approved only if such landscaping is an improvement and enhancement, as determined by the Administrator, to the originally approved plan.
(c) The Administrator, in considering whether or not landscaping is an improvement and enhancement, shall consider the intent of Chapter 1142, the need for a visual barrier, the intent of the original landscaping plan, the adjacent properties, the current site conditions, including soil conditions and the success of a certain species growing in the area, and any other factor deemed relevant by the Administrator.
(Ord. 2019-39. Passed 8-13-19.)
1143.01 INTENT.
Sign regulations, including provisions to control the type, design, size, illumination, movement, materials, condition and location thereof, are established in order to achieve, among others, the following purposes:
(a) To protect and maintain property values;
(b) To provide for reasonable and appropriate means of communication;
(c) To protect and enhance the unique historic and aesthetic character of the Municipality;
(d) To eliminate any conflict that would be hazardous between traffic control signs and devices and signs not related to the function of traffic control;
(e) To ensure a safe and orderly pedestrian and vehicular environment;
(f) To reduce visual clutter;
(g) To promote economic development; and,
(h) To achieve an appropriate balance between visual displays as a means of communication and reducing the harms caused by such displays.
(Ord. 2019-39. Passed 8-13-19.)
1143.02 CONFORMANCE REQUIRED.
(a) Signs shall be designed, erected, altered, reconstructed, moved or maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.
(b) The construction, erection, safety and maintenance of all signs shall also comply with the provisions of the Building Code of the Municipality.
(c) The display of the flag of any governmental agency shall not be governed by the provisions of these regulations.
(Ord. 2019-39. Passed 8-13-19.)
1143.03 DEFINITIONS AND REFERENCES.
As used in this chapter, unless the context otherwise indicates:
(a) "Awning" means a projection from a building wall intended primarily for shelter or ornamentation and which can be retracted, folded or collapsed against the face of the supporting building.
(b) "Billboard" means a permanent sign directing attention to a commercial activity conducted elsewhere than upon the lot on which the sign is located.
(c) "Board" means the Board of Zoning Appeals of the Municipality as created by Article VII of the Charter.
(d) "Building unit" means a space occupying a portion of the ground floor of a building, containing an exclusive entrance from the building exterior and separated from all other ground floor spaces by a party wall or walls. For the purposes of this Chapter regulations referring to a building shall apply to a building unit if such building is divided into units.
(e) "Canopy" means a projection from a building wall intended primarily for shelter or ornamentation, and typically constructed to include a top element, or cover, and front or side overhangs.
(f) "Copy" means the letters, words, symbols or artwork displayed on a sign.
(g) "Erect" means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.
(h) "Facing" and "surface" mean the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.
(i) "Ground sign" means any sign supported by uprights or braces attached to the ground and not attached to any building.
(j) "Height" means the height above finished grade and refers only to ground (pole) signs unless otherwise indicated.
(k) "Illuminated sign" means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper.
(l) "Incidental sign" means a wall sign one (1) square foot or less in area and not illuminated, or, a ground sign two (2) square feet in area, four feet or less in height and not illuminated.
(m) "Marquee" means a projection from a building wall intended for the display of signs and secondarily, for shelter or ornamentation, and typically constructed to include a top element, or cover, and a bottom element, or soffit connected by vertical faces on three sides.
(n) "Multi-tenant building" means a nonresidential building served by a common entrance that contains multiple uses.
(o) "Permanent sign" means a sign permanently affixed or attached to the ground, a building or a structure and which cannot be removed without special handling such as removing or dismantling a foundation, fasteners, adhesives, or similar materials providing support or structural integrity for the sign.
(p) "Portable sign" means any sign other than a temporary sign which is made of durable materials, designed to be moved and is not permanently attached to any part of a building, structure, or to the ground.
(q) "Projecting sign" means any sign with two faces that extends outward at an angle from the wall to which it is attached.
(r) "Roof sign" means any sign erected, constructed and maintained wholly upon or over the roof or parapet wall of any building, with the principal support on the roof structure.
(s) "Sign" means any visual communication including but not limited to any writing, pictorial representation, mural illustration, emblem, symbol, design, drawing, banner, flag, placard, pennant, poster or other similar device that is visible from a dedicated right of way, private street, alley, sidewalk, or other public place and is used for purpose of advertisement, announcement, declaration, demonstration, identification or expression or directing attention to a person, institution, organization, business, activity, place, object or product.
(t) "Sign panel" means a structural object or portion of a structural object, including painted surfaces, designed to form a distinct background area or frame for display of a sign's copy or information. However, an architectural frame or space integral to a building's design and not differentiated from the wall by color shall not be considered a sign panel.
(u) "Temporary sign" means a sign constructed of cloth, paper, wood, metal, fabric, or other material that is not intended to be permanently installed in the ground nor permanently affixed to a building or structure and is intended for use for a limited period of time.
(v) "Wall sign" means any sign painted on, attached to, or erected against or integrated into the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall.
(w) "Window sign" means any sign lettered directly on a window or placed on the inside of a window so as to be read from the outside. The glass or clear plastic portion of an exterior door shall be considered a window for purposes of this definition.
(x) References to "zoning districts" herein refer to the districts established in Chapter 1119. (Ord. 2019-39. Passed 8-13-19.)
1143.04 SIGNS PROHIBITED.
In general, any sign that is not expressly authorized by this Chapter is prohibited. Additionally, the following specific signs are prohibited:
(a) Any sign attached to natural vegetation.
(b) Any sign that, by reason of its location, illumination, movement, shape or color, may interfere with, obstruct the view of, or be confused with, any authorized traffic control device.
(c) Any sign that shows evidence of inadequate maintenance or deterioration including peeling paint, rust, dirt, fading, damage or discoloration.
(d) Any sign located within a vision triangle of any public street intersection or intersection of a public street with a private street, alley, or driveway that has a height greater than two and one-half feet above curb level. Such vision triangle shall be formed by lines drawn between points on any two streets, or on any street and alley or driveway twenty-five (25) feet from their point of intersection.
(e) Any sign that displays flashing, scrolling or intermittent lights or lights of changing degrees of intensity.
(f) Any sign that is internally illuminated, including those signs with exposed neon tubing, signs with a light source located in the interior of the sign, or signs whose light source is attached to or near the sign in a manner that allows the light to be seen through the face of the sign.
(g) Any permanent sign placed upon or projecting over any public land, street, sidewalk or other public right-of-way, except as expressly permitted in Section 1143.06(d).
(h) Roof signs.
(i) Any sign that is painted on sidewalks or curbs.
(j) Marquee signs.
(k) Billboards.
(l) Portable signs.
(Ord. 2019-39. Passed 8-13-19.)
1143.05 PERMITS.
(a) Permit Required. A sign permit is required to erect, repair, alter, relocate or maintain any sign except those exempted in subsection (f) herein provided however, that minor repairs or maintenance of signs not involving structural changes may be undertaken without first obtaining a permit.
(b) Application for Permit. Application for sign permits shall be made upon forms provided by the Administrator and shall contain or have attached thereto the following information:
(1) The name, mailing address, e-mail address and telephone number of the applicant;
(2) The location of the building, structure or lot to which or upon which the sign is to be attached or erected;
(3) The position of the sign in relation to buildings or structures on contiguous lots;
(4) Two scale drawings, blueprints or ink, as well as a digital version in a format acceptable to the Municipality, of the plans and specifications of each sign indicating all dimensions, materials, colors, type of lettering illumination, method of construction and means of attachment to the building or ground;
(5) The name of the person erecting the sign;
(6) Written consent of the owner of the building, structure or land to which or on which the sign is to be erected;
(7) Photograph of the area of the building upon which a wall sign is to be placed;
(8) Such other information as the Administrator shall require, to show full compliance with this and all other ordinances of the Municipality;
(c) Referral of Application to Architectural Board of Review. Approval of the Architectural Board of Review shall be obtained before issuance of any permit required hereunder.
(d) Issuance of Permit. The Administrator, upon the filing of an application for a sign permit, shall examine all required plans and specifications as well as the premises upon which the sign is to be placed. If the proposed sign is in compliance with all the requirements of this chapter and all other ordinances of the Municipality, and the Architectural Board of Review has approved the sign application, the sign permit shall be issued. If the work authorized under the sign permit has not been completed within six months after date of issuance, the permit shall become null and void.
(e) Revocability of Permits. The Administrator may revoke any sign permit for noncompliance with any provisions of this chapter or misrepresentation of fact on the permit application. All rights and privileges acquired under the provisions of this chapter or any amendment hereof are mere licenses, and all sign permits shall contain this provision.
(f) Permit Exemptions. The permit provisions of this section shall not apply to the following signs; such signs, however, are still subject to the regulations provided for in this chapter:
(2) Incidental signs.
(3) Cornerstones and other similar building plaques or architectural elements permanently incorporated into a building and not exceeding two (2) square feet in total area.
(Ord. 2019-39. Passed 8-13-19.)
1143.06 NUMBER AND TYPE OF SIGNS PERMITTED: NONRESIDENTIAL DISTRICTS.
In nonresidential districts, permanent signs shall be permitted as follows:
(a) General. Unless otherwise allowed by this section, a maximum of two permanent signs shall be permitted for each building.
(1) One sign may be displayed as a ground sign.
(2) In the Central Shopping, Retail Business, and Office Districts, one sign may be displayed as a projecting sign.
(3) Any one use shall not display both a projecting sign and a ground sign.
(4) Signs that are not considered incidental signs may be illuminated by an external light source.
(b) Wall Signs.
(1) Wall signs for each building shall not exceed twelve square feet in combined area, except as permitted in Section 1143.06(c)(2) below.
(2) Wall signs which occupy a single space two feet or less in vertical dimension may extend to a width ninety percent (90%) or less of the width and length of the building or unit.
(3) Permanent window signs shall be regulated as wall signs for the purposes of this section.
(c) Ground Signs.
(1) In addition to those signs permitted in Section 1143.06(a), one additional ground sign shall be permitted for each lot with a frontage of at least 120 feet measured along the line providing principal access to the building(s) on such lot. The minimum spacing between ground signs on the same lot shall be twenty- five feet.
(2) Ground signs shall be twenty square feet or less in area and six feet or less above finished grade in height except that a ground sign located in a vision triangle of any public street intersection or intersection of a public street with a private street, alley, or driveway shall be two and one-half feet or less above curb level.
(3) Ground signs shall not be located nearer the street than the required building line nor shall such signs be located less than twenty feet from an interior side lot line. However, a ground sign which does not exceed twelve square feet in area and is situated within a landscaped area may be located as close as five feet to any street right-of-way line and ten feet to an interior side lot line. Such landscaped area shall be bounded by curbing or other effective vehicular barriers and shall be sufficient in size so that all portions of the sign are set back at least eighteen inches from its perimeter.
(d) Projecting Signs.
(1) Projecting signs shall be limited to two faces with each face twelve (12) square feet or less. However, an additional three-inch border or frame may be permitted to provide ornamental design. The maximum horizontal dimension shall be four (4) feet. The maximum vertical dimension shall be four and one-half (4 1/2) feet.
(2) The lowest point of a projecting sign or part thereof shall be at least eight feet above a sidewalk or other walkway and at least fifteen feet above a driveway or private road. Projecting signs or parts thereof shall not extend nearer than one foot to a curb line of any street. Also, projecting signs shall not extend a distance greater than two feet from the wall to which it is attached, measuring from the point of the sign nearest thereto.
(3) Erection. Projecting signs exceeding fifty pounds in weight shall not be attached to or supported by frame buildings or the wooden framework of a building. Projecting signs shall not be secured with wire, strips of wood or nails, or be hung or secured to any other sign.
(e) Awnings and Canopies. Sign copy may be painted or otherwise permanently affixed to a ground floor awning or canopy in a space not exceeding eight inches in height on the front and side portions thereof.
(f) Secondary and Rear Entrances. In addition to those signs permitted in Section 1143.06(a), buildings or units thereof with a secondary or rear customer entrance shall be permitted an additional wall or window sign six square feet or less in area. Such signs shall be located in proximity to the secondary or rear entrance.
(g) Multi-tenant buildings. In multi-tenant buildings, the allowable sign area for all tenants shall not exceed the maximum sign area computed as if there were a single tenant. The property owner shall be responsible for allocating the permitted sign area among tenants in a multi-tenant building.
(h) Upper Floor Uses. In Business Districts, any use located on the second floor of a building or above shall be permitted one permanent window sign twelve square feet or less in area. In addition to a permanent window sign, upper floor uses with an exclusive ground floor entrance may display a wall sign, two square feet or less, at such entrance.
(Ord. 2019-39. Passed 8-13-19.)
1143.07 NUMBER AND TYPES OF SIGNS PERMITTED: RESIDENTIAL DISTRICTS.
In all residential districts, permanent signs shall be permitted as follows:
(a) General.
(1) Dwelling units that are permitted in the Cluster and RMU Overlay Districts shall be deemed to be in a residential district regardless of the underlying zoning district.
(2) Signs that are not considered incidental signs may be illuminated by an external light source.
(3) Signs permitted under this section shall be twelve square feet in area or less.
(4) Ground signs permitted under this section shall be set back five feet from any street right of way and ten feet to an interior lot line. Additionally, such signs shall be four feet or less in height except that a ground sign located in a vision triangle of any public street intersection or intersection of a public street with a private street, alley, or driveway shall be two and one-half feet or less above curb level.
(b) Dwelling Units. One permanent sign shall be permitted for each dwelling unit.
(1) Each single family and two-family dwelling unit may display either a ground or wall sign. Such sign shall require no permit.
(2) Each attached single family or multi-family family dwelling unit may display a wall sign. Such sign shall require no permit.
(c) Residential Developments. Each residential development shall be permitted one sign located near the entrance to the development. Such sign shall be permitted only as a ground sign in single-family districts and only as a ground, wall, awning or canopy sign in multi-family districts.
(d) Building Signs. In multi-family developments of two or more residential buildings, each building shall be permitted one wall, awning, canopy or ground sign.
(e) Nonresidential Main Uses. One wall or ground sign may be permitted on the premises of a permitted nonresidential main use located in a residential district.
(Ord. 2019-39. Passed 8-13-19.)
1143.08 DESIGN STANDARDS.
In order to facilitate information legibility, traffic safety, general economic vitality and the preservation of unique historic resources, signs should be designed in a manner compatible with the character and style of immediate and neighboring buildings and signs.
More specifically, signs shall be designed in accordance with the following standards:
(a) Signs in Series. Signs to be seen in series shall be designed with continuity and compatibility in terms of style, materials, color, size and location.
(b) Color. The color of signs shall be compatible with the color of the building facade to which they relate.
(c) Installation. Wall signs shall be designed to fit within any given frame of the architectural space intended for signage. The installation of any sign shall not irreparably damage any building cornice, ornament or other architectural details.
(d) Lighting. Where permitted, lighting shall be in compliance with Chapter 1150 of this Planning and Zoning Code and designed and located so that light sources are shielded from creating glare in residential districts and streets and shall not be of excessive brightness or cause a glare hazardous to pedestrians or drivers.
(e) Construction. All letters, figures, characters or representations in cutout or irregular form, maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
(f) Wall Signs.
(1) Wall signs shall not be erected, relocated or maintained so as to prevent free ingress to, or egress from any door, window or fire escape.
(2) Wall signs shall not cover wholly or partially any wall opening.
(3) Wall signs shall not project beyond the ends or top of the building wall to which it is attached or be set out more than six inches from the face of the building to which it is attached.
(g) Awnings and Canopies.
(1) Awnings or canopies shall not extend beyond a point twelve inches inside the curb line of the street.
(2) All awnings and canopies shall be constructed and erected so that the lowest portion thereof is at least eight feet above the level of the sidewalk.
(3) Awnings shall be constructed of such materials as may be approved by the Architectural Board of Review provided that all frames and support shall be metal. Every awning shall be attached to and supported by the building. Posts or columns beyond building lines shall not be permitted for awnings.
(4) Canopies shall be constructed of such materials as may be approved by the Architectural Board of Review. The framework of all canopies shall be approved by the Architectural Board of Review in compliance with the Building Code.
(Ord. 2019-39. Passed 8-13-19.)
1143.09 TEMPORARY SIGNS.
Temporary signs shall be permitted only in accordance with the following regulations:
(a) General.
(1) Temporary signs shall not be illuminated.
(2) Temporary signs that show evidence of deterioration, dirt, damage, or discoloration shall be removed or replaced.
(3) Temporary signs shall be placed no closer than five feet from any right of way line or property line.
(4) The maximum height of a temporary sign shall be four feet except that a temporary sign located in a vision triangle of any public street intersection or intersection of a public street with a private street, alley, or driveway shall be two and one-half feet or less above curb level.
(b) Window Signs. Interior temporary window signs that are intended to be visible from the public right of way, private street or sidewalk may occupy no more than thirty percent (30%) of the window area. The window area of each building or unit thereof shall be measured to include all glass area of windows and doors of the front façade. Glass area covered in a relatively permanent manner by nontransparent material shall be excluded from this measurement. Wherever possible, temporary window signs shall be clustered so that relatively large portions of window area remain unobstructed.
(c) Wall and Ground Signs. Temporary wall and ground signs that are intended to be visible from the public right of way, private street or sidewalk, may be displayed in compliance with the following regulations:
(1) One sign may be posted on property during active construction authorized by a Building Permit. Such sign shall not exceed twelve square feet in area.
(2) One sign may be posted on property that is actively marketed for sale or lease. Such sign shall not exceed twelve square feet in area.
(3) An additional twelve (12) square feet of non-commercial signage may be posted on a parcel.
(Ord. 2019-39. Passed 8-13-19.)
1143.10 GENERAL PROVISIONS.
(a) Construction. Permanent signs shall be constructed of permanent materials, maintained in good condition at all times, kept free of cracked or peeling paint, rust, missing or damaged sign panels or supports, and not obscured by weeds, grass or other vegetation.
(b) Measurement Standards. The area of any sign shall be measured to include the area of the smallest single rectangle enclosing all elements of the sign, including letters, characters, designs, graphics and the space between the elements of the sign. For ground signs with the two sides in parallel, back-to-back arrangement, only one side of the sign shall be included in the measurement of the area. In determining the location of a sign in relation to lot lines, distances shall be measured from the vertical projection of the lot line to the closest point on the sign. The height of a ground sign shall be measured to the top of the sign panel. The supporting structure may extend a maximum of two feet above the sign panel.
(c) Removal of Certain Signs. When a commercial sign is not associated with an existing commercial use of the property, or in the case of non-commercial signage, when the owner abandons the use associated with the sign, such sign shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within ten days after written notification from the Administrator. Upon failure to comply with such notice within the time specified in such order, the Administrator is hereby authorized to cause removal of such sign, and any expenses incident thereto shall be paid by the owner of the building to which such sign is attached. Signs that are more than fifty years old, lawfully installed and attached to or on the same lot as a historically significant structure are considered to be of historic significance and are exempt from the requirements of this sub-section.
(d) Unsafe and Unlawful Signs. If the Administrator's inspection finds that any sign regulated herein is unsafe or insecure or is a menace to the public, or has been constructed or erected or is being maintained in violation of any of the provisions of this chapter, notice shall be given in writing by the Administrator to the permittee thereof. If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth within ten days after such notice, such sign may be removed by the Administrator at the expense of the permittee or owner of the property upon which it is located. The Administrator shall refuse to issue a permit for a sign or a building permit to any permittee or owner who refuses to pay costs so assessed. The Administrator may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice, and give written notice of the sign removal to the owner of the lot and/or use when feasible.
(e) Nonconforming Signs. Signs lawfully erected but made nonconforming by adoption of this Code or amendments thereto, are regulated by the provisions of Section 1145.03(d).
(f) Presumption of Responsibility. The owner or occupant of any premises upon which a violation of any of the provisions of this chapter is apparent or the owner of any sign placed or remaining anywhere in violation of any of the provisions of this chapter shall be deemed prima-facie responsible for the violation so evidenced and subject to the penalty provided therefor.
(g) Substitution of Noncommercial Message. Noncommercial signs may be substituted for any sign expressly permitted by this Chapter. Noncommercial signs shall be subject to the same permit requirements, restrictions on size and type, and other conditions and specifications that apply to the sign for which they are being substituted.
(Ord. 2019-39. Passed 8-13-19.)
1144.01 INTENT.
These environmental performance regulations are established in order to protect local residents and property from offensive or harmful effects resulting from conduct of various activities.
(Ord. 2019-39. Passed 8-13-19.)
1144.02 REGULATIONS.
(a) Outdoor Lighting. Outdoor lighting shall comply with Chapter 1150 of this Planning and Zoning Code.
(c) Fire, Explosive and Radioactive Hazards. Storage, handling and use of flammable and explosive material shall be conducted with adequate safeguards as set forth in the published NFPA Codes of the National Fire Protection Association and as may hereafter be amended, supplemented or replaced, and in compliance with the regulations of the U. S. Department of Labor and Industry. Storage of other materials shall comply with fire protection codes of the Municipality and all areas shall be accessible to fire-fighting equipment, Activities which emit radioactivity are prohibited.
(d) Storage. All trash and garbage and all raw materials, fuel, machinery, equipment and trucks used in the operation of a business, office or industrial use shall be enclosed within a structure or screened by a solid wall or fence sufficient to conceal all such material from residential districts and public streets when viewed by a person standing at ground level. All garbage shall be stored in air-tight, vermin-proof containers.
(e) Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to produce a nuisance, as defined in Chapter 1340 of the Codified Ordinances of the Municipality, or a health or safety hazard beyond the lot occupied by the use.
(f) Air-Borne Pollution. There shall be no emissions of noxious, toxic or corrosive fumes or gases and no emissions of dust or other particulate matter injurious to health, vegetation or property beyond the lot occupied by the use. Stack and vent emissions are further regulated in Section 1331.05 of the Building Code.
(g) Liquid Wastes. Liquid wastes or sewerage shall not be discharged into a reservoir, stream or other open body of water or into a storm or sanitary sewer until treated so that the insoluble substances, oils, grease, acids, alkalines and other chemicals in the wastes shall not exceed the amounts allowed by other codes of the Municipality.
(h) Electrical Disturbances. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
(i) Soil Removal. Soil, sand or gravel shall not be stripped or removed in nonindustrial districts except excess soil, sand or gravel resulting from excavations or grading in connection with the construction or alteration of a building or other permitted improvement of a lot. In industrial districts, no such activities shall be conducted in such a manner as to create a nuisance as defined in Chapter 1340 of the Codified Ordinances of the Municipality. Soil removal is also regulated by Chapter 1355 of the Codified Ordinances of the Municipality.
(Ord. 2019-39. Passed 8-13-19.)
1144.03 PROPOSED USES AND FACILITIES.
Except in R1 and R2F Districts, all applications for zoning certificates shall be accompanied by certification by the applicant that the proposed use can meet the performance standards set forth above, However, the Administrator may waive this requirement for applications which, in his determination, do not propose activities relevant to the above standards.
(Ord. 2019-39. Passed 8-13-19.)
1144.04 EXISTING USES AND FACILITIES,
(a) Determination of Violation. The Administrator shall investigate any purported violation of these environmental performance regulations and if there are reasonable grounds for same, may request that the Municipal Engineer or other qualified professional determine the existence and nature of such violation.
(b) Payment of Costs of Determination. The cost of engineering services incurred by the Municipality in establishing a violation shall be paid by the violator if such violation is established. If no violation is established, the cost shall be borne by the Municipality.
(c) Correction of Violation. Any use established after December 5, 1984 and subsequently found to be operating in violation of the performance standards set forth in this chapter shall correct such violations within a reasonable period of time as determined by the Administrator in accordance with Chapter 1109.07 of this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)
1145.01 INTENT.
(a) Within the districts established by this Planning and Zoning Code and amendments thereto or amendments that may later be adopted, buildings, lots and uses of buildings and land prevail which were lawful before this Code was passed or amended, but which would be prohibited under the terms of this Code or further amendments.
(b) It is the intent of this Code to permit such nonconformities to continue until they are removed although they are considered to be incompatible with the permitted uses in the districts involved.
(c) It is further the intent that nonconformities shall not be enlarged upon, expanded or extended, that nonconforming uses be changed only to a more restrictive use, and that the rebuilding of a nonconforming building, if substantially destroyed, shall be regulated in accordance with Section 1145.02(d) of this Planning and Zoning Code.
(d) Furthermore, the continuation of a lawful nonconformity shall not be construed as a reason for permitting nonconformities not specifically permitted in this Code.
(Ord. 2019-39. Passed 8-13-19.)
1145.02 NONCONFORMING BUILDINGS AND STRUCTURES.
A building or other structure existing lawfully at the time this Planning and Zoning Code became effective, but which does not currently conform as to area or width of lot, setback, yard dimensions, lot coverage, height of building or other structure, use intended or other regulations of the district in which it is located, is a lawful nonconforming building. or other structure. Such building or other structure may continue to be occupied or used so long as it remains otherwise lawful, subject to the following provisions:
(a) Maintenance and Repair. A nonconforming building or other structure may continue to be used, maintained and repaired, provided however no structural parts shall be replaced except when required by law to restore to a state of good repair or good condition, as defined in Chapter 1340 of the Codified Ordinances of the Municipality or to make the building, or other structure conform to the regulations of the district in which it is located.
(b) Additions. A nonconforming building or other structure shall not be altered, added to or enlarged unless the additions and original building or other structure are made to conform to the yard, coverage and height regulations of the district in which it is located, except a nonconforming dwelling may be altered, modernized or enlarged provided the alterations and enlargements conform to all the yard regulations and setbacks , and the existing dwelling and the proposed enlargement combined shall meet the maximum lot coverage regulations of the district in which it is located.
(c) Moving. A nonconforming building shall not be moved in whole or in part to any other location on the lot or other premises, unless every portion of such building so moved is made to conform to all regulations of the district in which it is to be located.
(d) Restoration of Damaged Building. If a nonconforming building is damaged or destroyed by any cause to the extent of fifty percent (50%) or less of its reproduction value, those portions so destroyed or damaged may be restored but to no more than its former size, provided such restoration is completed within a period of one year from date of damage or destruction. If such building is occupied by a nonconforming use prior to damage, such use may be continued. If a nonconforming building is damaged or destroyed more than fifty percent (50%) of its reproduction value, no repair or reconstruction shall be made unless every portion of the building is made to conform to regulations of the district in which the building is located and unless occupied by a conforming use. Determination of the reproduction value shall be made by majority vote of three practicing building construction contractors, one to be appointed by owner, one to be appointed by the Municipality, and the third to be selected by the mutual consent of the two parties, in the event the Municipality and the owner do not agree on the value.
(Ord. 2019-39. Passed 8-13-19.)
1145.03 NONCONFORMING USE OF BUILDINGS; NONCONFORMING ACCESSORY USES.
A use of a building existing lawfully at the time this Planning and Zoning Code became effective, but which does not conform to the use regulations, including the sign regulations, of the district in which it is located, is a nonconforming use of a building and may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) Change of Use. The nonconforming use of a building may only be changed to a conforming use. Thereafter, it shall not be changed back to the former nonconforming use. The term "change of use" shall not include changes within a single use category
(b) Expansion of Use. A nonconforming use of part of a building may only be expanded or extended throughout those parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code that made the use nonconforming, but no such use shall be extended so as to occupy any land outside such building.
(c) Discontinuance of Use. If a nonconforming use within a building or portion thereof is discontinued for a continuous period of one year, any future use of such building or portion thereof, so discontinued, shall be in conformity with the use regulations of the district in which the building is located.
(d) Nonconforming Signs. Signs lawfully erected but made nonconforming by adoption of this Planning and Zoning Code or amendments thereto, may be maintained and repaired as authorized by the Administrator to ensure attractive and safe conditions; however, such signs shall not be otherwise altered or moved unless made to comply with all regulations of Chapter 1143. Further, any sign or part thereof which is removed, except for authorized repairs or requires repairs of a cost which exceeds fifty percent (50%) of its reproduction value, shall not be rebuilt or relocated unless made to comply with all regulations of Chapter 1143. Temporary and incidental signs shall not become lawful nonconforming signs.
(e) Nonconforming Parking Facilities. A building or use existing lawfully at the time this Planning and Zoning Code or an amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. Any parking spaces that may be provided shall be in accord with the regulations and standards set forth in Chapter 1141. If an existing building is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accord with the schedule as set forth in Sections 1141.05 and 1141.13; provided, however, that if the building is located in the Central Shopping District the owner or occupant shall not be required to provide additional parking for the increased parking requirement unless it results from an increase in the floor area due to an expansion of an existing building.
(f) Nonconforming as to Performance Standards. A building or use existing lawfully at the time this Code became effective, but which is nonconforming as to one or more of the performance standards shall not be required to conform therewith except at such times that the use is changed or the building is altered.
(Ord. 2019-39. Passed 8-13-19.)
1145.04 NONCONFORMING USE OF LAND.
A vacant lot or parcel of land, nonconforming as to use or dimension (area or yard) and existing lawfully at the time this Planning and Zoning Code or amendment thereto became effective but which does not conform with the use and/or dimension regulations of the district in which it is located is a nonconforming use of land, and such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) Expansion of Use. The nonconforming use of a lot, or part thereof, shall not be expanded or extended onto other parts of the lot.
(b) Discontinuance of Use. If the nonconforming use of a lot, or part thereof, is discontinued for a continuous period of one year, any future use of such lot, or part thereof so discontinued, shall be in conformity with the use regulations of the district in which it is located.
(c) Insufficient Size. A vacant lot of record which does not comply with the area and/or width requirements of the district in which it is located on the effective date of this Planning and Zoning Code or any amendment thereto may be used as follows:
(1) Single lots. If a vacant nonconforming lot does not adjoin another lot with continuous frontage and under common ownership on the effective date of this Code or applicable amendment thereto, such lot may be developed provided that such development complies with all regulations of this Planning and Zoning Code except those pertaining to lot width and area.
(2) Lots in combination. If a vacant nonconforming lot adjoins one or more lots with continuous frontage and in common ownership on the effective date of this Code or applicable amendment thereto, such lot shall be replatted to create conforming lots as a prerequisite for development. Transfer of one or more of such lots to a third party, in order to avoid the requirements of this paragraph, shall result in a determination that the lots remain in common ownership. However, if replatting of such lots cannot be effected reasonably without resulting in an average lot width or area less than the minimum required for the district, the Planning and Zoning Commission may reduce such width and area requirements by not more than ten percent (10%).
(Ord. 2019-39. Passed 8-13-19.)
1145.05 NONCONFORMING USE DUE TO RECLASSIFICATION.
(a) The foregoing provisions of this chapter shall also apply to the buildings, structures, and or other uses hereafter becoming nonconforming as a result of reclassification of districts or of other amendments made to this Planning and Zoning Code or of future reclassification of districts or of other amendments made thereto.
(b) Buildings and uses that were conforming or lawfully existing nonconforming buildings and uses under Ordinance 1932-144 as amended and become nonconforming under this Code shall be deemed lawful nonconforming buildings and uses.
(Ord. 2019-39. Passed 8-13-19.)
1145.06 CHANGE FROM NONCONFORMING USE.
(a) A nonconforming building or use shall cease to be considered as such whenever it complies with the requirements of the district in which it is located and shall not be resumed thereafter.
(b) A proposed building conforming in all respects to the Planning and Zoning Code shall be permitted on the same zoning lot as a nonconforming building or use provided the lot area, lot width and number of parking spaces allocated to the nonconforming building or use and the proposed conforming building equal the sum of the lot area, lot width and parking spaces required for each use; and provided the distances between the conforming building and nonconforming building or use are at least equal to the distances required if the two uses were on adjacent lots; provided however, that in a one-family and two-family district only one main building shall be permitted on a zoning lot.
(Ord. 2019-39. Passed 8-13-19.)
1146.01 INTENT.
In order to maintain and enhance the distinctive historic character of the Municipality these regulations are established to achieve, among others, the following objectives:
(a) To foster a sense of community identification; and civic pride by preserving structures which reflect periods and events in the history of the community and its region;
(b) To stimulate the local economy by encouraging investment in historic resources and protecting the community assets which support current retail activity;
(c) To protect property values within the Municipality by preventing environmental changes which diminish the area's unique historic character;
(d) To recognize the importance of preserving structures that contribute to the traditional village land use pattern; and
(e) To avoid demolition of or incompatible alterations to historic structures.
(Ord. 2019-39. Passed 8-13-19.)
1146.02 APPLICABILITY.
(a) No building or other structure in the Municipality shall be erected, altered in exterior construction or appearance, enlarged, moved or demolished unless such action complies with the provisions of this chapter. Applicability of these provisions is limited to structures of historic significance and sites in proximity to such structures. See Section 1146.05 for an explanation of terms.
(b) The painting of buildings and structures shall not be governed by these regulations. For the purposes of this Chapter a structure shall include building or a portion thereof.
(Ord. 2019-39. Passed 8-13-19.)
1146.03 ADMINISTRATIVE PROCEDURES.
The following procedures are established to govern the processing of applications for building permits and other municipal authorizations in accordance with the regulations of this chapter.
(a) Mandatory Referral.
(1) As directed by Section 1109.05(b)(1), all requests for building permits shall be referred to the Architectural Board of Review for a determination of compliance with this Chapter. The Architectural Board of Review may obtain the assistance of an expert in historic architecture to assist it in determining whether a proposed project satisfies the requirements of this chapter.
(2) All requests for demolition of a structure or portion of a structure which is more than fifty (50) years old shall be accompanied by a deposit of five hundred dollars ($500.00). All requests to make an addition to or alteration of a structure or portion of a structure which is more than fifty (50) years old shall be accompanied by a deposit of three hundred dollars ($300.00). As provided below, the request shall be referred to the Architectural Board of Review with a recommendation from the Administration as to whether or not the structure is a Historically Significant Property. The Architectural Board of Review shall apply the standards set forth in Section 1146.06 hereof to determine whether or not demolition is permitted.
A. Advice of Expert on Historic Significance. When an applicant requests a permit to demolish a structure or portion thereof that is more than fifty (50) years old, the Administrator shall engage the assistance of an expert in the field of the history of architecture, who shall make a recommendation to the Architectural Board of Review regarding whether or not the structure is an Historically Significant Property, as defined by Section 1146.05 of this Chapter. The expert shall be paid out of the deposit made pursuant to paragraph (a)(2) hereof, and the remaining funds from such deposit, if any, shall be returned to the applicant.
B. Advice of Expert on Economic Feasibility. If, in reviewing a request for demolition, a majority of the Architectural Board of Review, by motion, requests the advice of an expert to assist in the analysis of determining whether or not the repair, rehabilitation or restoration of an Historically Significant Property is Economically Feasible, the Administrator shall determine whether the Municipality should engage an expert at Municipality expense, to provide such advice.
C. Advice of Expert on Additions and Alterations. When an applicant requests a permit to add to, or in any material way (other than painting) alter the exterior of, any structure that is more than fifty (50) but less than one hundred (100) years old, the Administrator shall engage the assistance of an expert in the field of the history of architecture, who shall make a recommendation to the Architectural Board of Review regarding whether or not the structure is a Historically Significant Property, as defined by Section 1146.05 of this Chapter, and whether the proposed addition or alteration is Compatible with the existing structure and other historic structures
in proximity thereto. When the structure, or a portion thereof has been determined by the Municipality to be at least 100 years old, it shall be presumed to be a Historically Significant Property and the advice of an expert shall not be required unless the Administrator needs such assistance to determine the age of the structure, or a portion thereof. The Administrator shall obtain the expert opinion to determine if the proposed material change will have an adverse effect on the Historical Significance of the structure. The expert shall be paid out of the deposit made pursuant to paragraph (a)(2) hereof, and the remaining funds from such deposit shall be returned to the applicant.
(3) Where an applicant for a building permit proposes to change the existing grade of a lot by more than three (3) inches, the Architectural Board of Review shall review, in accordance with Section 1109.05 and this Chapter 1146 of this Planning and Zoning Code, such change to ensure that the proposed building elevations and site grading are compatible with contiguous property and that the proposed building meets the standards set forth in Section 1115.04, failing which the Architectural Review Board shall deny approval of such grade change.
(b) Approval/Disapproval. The Architectural Board of Review shall either approve, approve with modification or disapprove the application in accordance with the review and approval procedures set forth in Section 1109.05. In conjunction with a motion to grant the request of the applicant, the members of the Architectural Board of Review shall identify facts which have been presented to the Architectural Board of Review which the members believe are supportive of their decision in the case. It is not sufficient for the Architectural Board of Review to identify the ultimate fact to be determined (e.g., Compatibility or Historic Significance), but the members of the Architectural Board of Review, when stating or voting on the motion to grant the request of the applicant(s), shall identify the specific facts presented in the matter before them which cause them to reach their conclusion and support their vote; if a member states facts with which a second member agrees, the second member may indicate so, generally, and/or may distinguish his or her findings relative to facts previously stated. The facts identified and agreed upon by a majority of the Architectural Board of Review shall be deemed the Conclusions of Fact of the Architectural Board of Review; provided that if no majority vote is obtained, the motion shall be deemed defeated and facts adopted by those who voted in opposition to the motion shall be deemed the Conclusions of Fact of the Architectural Board of Review.
(c) Notifications. The Architectural Board of Review shall notify the applicant in writing of the time and location of its meeting. Subsequent to that meeting, the Architectural Board of Review shall notify the applicant in writing of its determination, stating reasons for a determination of disapproval.
(d) Appeal. Any interested party may appeal the determination of the Architectural Board of Review to the Board of Zoning Appeals, in accordance with the terms of Chapter 1111 of the Codified Ordinances.
(e) Mandatory Stay of Demolition. No permit to demolish shall be issued by the Administrator for thirty (30) days following the final administrative adjudication by the Municipality, and in the event the appellate court(s) reviewing the matter issue a stay, no demolition permit shall be issued pending the final outcome of the administrative appeal.
(Ord. 2019-39. Passed 8-13-19.)
1146.04 STANDARDS OF REVIEW.
In its review of applications, the Architectural Board of Review shall:
(a) Consider the historical and architectural nature of existing buildings, signs and structures within the Municipality and the compatibility of proposed changes or proposed new buildings, signs and structures with such existing buildings, signs and structures;
(c) Follow the guidelines set forth below:
(1) Preservation of features. The distinguishing original qualities or character of a Historically Significant Property shall not be destroyed. Removal or alteration of historic material or distinctive architectural features shall be avoided.
(2) Replacement of features. Consistent with the concept of responsible property maintenance, deteriorated or damaged architectural features shall be repaired rather than replaced. In the event that the Architectural Board of Review determines that replacement of architectural features on a Historically Significant Property is necessary, the new material should closely match the material being replaced in composition, design, color, texture and other visual qualities.
(3) Compatibility. Alterations, additions and new development shall be compatible in scale, material and character with the design of the subject property and any structure more than fifty (50) years old in Proximity to the subject property. New structures may be constructed in accordance with a different architectural style than Historically Significant Properties.
(4) Contemporary design. All structures shall be recognized as products of their own time. Alterations, additions and new development which have no historical basis and which seek to create an earlier appearance shall not be required. Conversely, compatible contemporary design shall not be prohibited or discouraged except where such design would clearly detract from the architectural unity of an ensemble or group of Historically Significant Properties.
(5) Cleaning. The surface cleaning of Historically Significant Property shall be undertaken by the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be permitted.
(6) Accessory structures. Fences, walkways, street lights, and other accessory structures located in Proximity to structures more than (50) years old shall be compatible in design with the character of such properties.
(7) Signs. In addition to meeting the requirements of Chapter 1143, signs located on or in proximity to Historically Significant Properties shall be compatible in color, material, placement and character with the architectural style of such Properties.
(d) Apply the following burdens of proof when evaluating applications under this Chapter:
(1) Any person asserting that a structure is an Historically Significant Property bears the burden of proving the assertion by clear and convincing evidence; provided, that any structure which is more than one hundred (100) years old shall be presumed to be an Historically Significant Property, and any party asserting that such structure is not a Historically Significant Property shall bear the burden of proving the same by clear and convincing evidence.
(2) If new construction is proposed, the design of the new construction shall be permitted unless it is proven, by a preponderance of the evidence, that the new building is not compatible with any structure more than fifty (50) years old that is in Proximity to the proposed new building. Nothing herein shall limit the authority of the Architectural Board of Review to require a property owner to adhere to proper architectural principles in the design, use of materials, finished grade lines and orientation of the construction of the new building or to make recommendations to the applicant regarding the proposed design.
(3) If an addition to, or exterior alteration of, an existing Historically Significant Property is proposed, the applicant shall bear the burden of proving, by clear and convincing evidence, that the proposed addition or alteration is consistent with the historically significant features of the structure such that the historically significant features shall be preserved.
(4) If a party proposes the demolition of a Historically Significant Property, that party bears the burden of proving, by clear and convincing evidence, that the demolition is permissible pursuant to Section 1146.06 hereof.
(Ord. 2019-39. Passed 8-13-19.)
1146.05 DEFINITIONS.
As used in this chapter, the following terms shall have the meaning given herein:
(a) A "Historically Significant Property" means (i) any structure which is more than one hundred (100) years old, or, (ii) any structure that is fifty (50) years old and:
(1) Is listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior); or preliminarily determined by the Ohio Historic Site Preservation Advisory Board as meeting the requirements for individual listings on the National Register; or
(2) Is certified or preliminarily determined by the Ohio Historic Site Preservation Advisory Board as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Ohio Historic Site Preservation Advisory Board to qualify as a registered historic district; or
(3) Consistent with the criteria used to determine National Register eligibility, possesses one or more of the following attributes:
A. Is associated with events that have made a significant contribution to the broad patterns of Municipality history; or
B. Is associated with the lives of persons significant in the Municipality's past; or
C. Is a structure which:
1. Embodies the distinctive local characteristics of a type, period or method of construction; or
2. Represents the work of a local Master as defined herein; or
3. Possesses high artistic values; or
D. Has yielded or may be likely to yield, information important in the prehistory or history of the Municipality.
(b) "Compatible" for the purposes of this chapter means that a design does not materially and adversely impact the economic or historical value of a Historically Significant Property.
(c) "Proximity" for the purpose of determining compatibility of design pursuant to Section 1146.04 means the potential for one property, by virtue of its location, to materially and adversely affect an Historically Significant Property.
(d) "Economically Feasible" means that the costs of the necessary repair and rehabilitation of a Historically Significant Property, when combined with the market value of the land upon which the Historically Significant Property resides, do not exceed the market value of the real property after the necessary repair and rehabilitation of the Historically Significant Property has been completed, based on the reasonable expectations in the marketplace for comparably aged and constructed homes by an amount beyond what a willing and reasonably prudent buyer would agree to pay for a Historically Significant Property in that area of the Municipality.
(e) "Preservation" means the act or process of applying measures necessary to sustain the existing form, integrity and material of a Historically Significant Property.
(f) "Restoration" means the returning of a historically significant building to its original condition or to its condition at a specifically identified time in its history as it has evolved, based on supporting visual and documentary evidence and physical analysis of the property. The intent of restoration is to accurately restore the character-defining historical elements of the property to their original or selected later date appearance when it achieved its historical importance. Conjectural restoration is not acceptable.
(g) "Repair" means the fixing or mending of a building that has suffered natural or man-made damage due, for example, to wind, water, fire, vandalism or long-term failure to properly maintain it. Repair does not imply, nor does it encourage restoration, although it may become part of the process for a building undergoing restoration.
(h) "Rehabilitation" means the renovation of a building, in its present condition, for continued use, or its adaptation to a new use. To meet the Secretary of the Interior's Standards for Rehabilitation, the owner must retain the surviving historically-important, character-defining components of the building but is not required to restore it to its original historical appearance or configuration, which may have changed over the years.
(i) "Reconstruction" means the building of a replica of a structure, or portion thereof, that has been destroyed, based upon supporting visual and documentary evidence and, possibly surviving fragments. This technique is rarely used and is usually confined to archaeological sites.
(j) "Master" means a figure of generally recognized greatness in a field, a known craftsman of consummate skill, or an anonymous craftsman whose work is distinguishable from others by its characteristic style and quality. The property must express a particular phase in the development of the master's career, an aspect of the master's work, or a particular idea or theme in the master's craft.
(Ord. 2019-39. Passed 8-13-19.)
1146.06 DEMOLITION AND MOVING.
(a) Demolition Prohibited; Exceptions. The demolition of a Historically Significant Property shall not be permitted unless one of the following conditions exist:
(1) Demolition has been ordered by the Administrator for public safety because of an unsafe or dangerous condition that constitutes an emergency.
(2) The owner demonstrates that the Historically Significant Property is either not habitable or otherwise not safe; or the Repair or Rehabilitation of the structure is not Economically Feasible and the property's condition did not result from damage which has been purposefully caused to the property, or allowed to occur due to the neglect of the owner or previous owners with the likely intention of making the Repair or Rehabilitation of the structure not Economically Feasible. No permit to demolish will be permitted under this paragraph (a)(2) or (3) hereof unless the owner or owner's representative obtains final approval from the Architectural Board of Review for the structure(s) which will replace the structure to be demolished.
(3) The owner demonstrates to the satisfaction of the Architectural Board of Review that denial of the demolition is inconsistent with a legitimate interest in the health, safety and welfare of the Municipality.
(4) The demolition request is for an inappropriate addition or a portion of a structure that is not historically significant, and, the demolition will not adversely affect those parts of the structure that are found to be a Historically Significant Property as determined by the Architectural Board of Review.
(b) Moving. No Historically Significant Property may be moved from its current location unless the Architectural Board of Review determines that the moving of the structure will not materially and adversely impact the historical character of the structures more than 50 years old in Proximity.
(Ord. 2019-39. Passed 8-13-19.)
(a) Nothing in this chapter shall be construed to prevent or delay the reconstruction, alteration or demolition of a structure or feature which has been ordered by the Administrator upon certification of an unsafe condition constituting an emergency.
(b) Similarly, nothing in this chapter shall be construed to govern or restrict routine maintenance activities, which do not represent alterations in exterior appearance.
(c) The owner of any structure, even if vacant and uninhabited, shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration. This provision shall be in addition to all other applicable provisions of the Building Code.
(Ord. 2019-39. Passed 8-13-19.)
1146.08 SUPPLEMENTAL REGULATIONS.
Design Guidelines relating to the responsibilities and duties of the Architectural Board of Review based on the foundation of the Charter and Codified Ordinances of the Municipality were adopted by the Municipality on October 10, 2005. For additional design regulations for specific uses or zoning districts refer to the following among others:
(h) Modification of side yard setback requirements in the Office District as set forth in Section 1135.04(c)(2).
(i) Modification of side yard setback requirements in the Retail Business District as set forth in Section 1137.04(c)(2).
(j) Design regulations for canopies at automobile service stations in the Retail Business District as set forth in Section 1137.05(b)(3).
(k) Modification of side yard setback requirements in the Central Shopping District as set forth in Section 1138.04.
(Ord. 2019-39. Passed 8-13-19.)
1148.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these regulations:
(a) To regulate the location, height and overall general characteristics of fencing, walls, hedges, or any combination thereof within the front, side or rear yards of any property within the Municipality;
(b) To maintain an orderly appearance and reduce any negative impact upon other properties where such fencing, walls, or hedges are visible.
(c) To prohibit fence, wall or hedge placement at heights or locations which interfere with clear visibility of vehicular and pedestrian traffic on adjacent streets, alleys, or sidewalks.
(d) To preserve and protect public health, safety and welfare by regulating retaining walls and minimizing their impact on contiguous property.
(Ord. 2019-39. Passed 8-13-19.)
1148.02 DEFINITIONS AND REFERENCES.
As used in this chapter, unless the context otherwise indicates:
(a) "Fence" means a barrier open to light and air which is constructed of non-living materials in order to enclose, screen, or secure property, or, a means of designating a property boundary.
(b) "Hedge" means an evergreen or deciduous landscape barrier consisting of a continuous, dense planting of shrubs which have several small stems from the ground or small branches near the ground.
(c) "Retaining wall" means a solid barrier which is constructed of stone or masonry which functions to resist a lateral load from a mass of earth or other material.
(d) "Wall" means a solid barrier which is constructed of wood, masonry or other non-living materials in order to enclose, screen, or secure property, or, a means of designating a property boundary. A solid fence is considered a wall.
(Ord. 2019-39. Passed 8-13-19.)
1148.03 GENERAL PROVISIONS.
Fences, walls, and hedges shall be permitted in front, side, or rear yards subject to the following limitations and requirements:
(a) Construction. Fences and walls must be of uniform design and constructed of durable materials, maintained in good condition, and not permitted to become dilapidated.
(b) Appearance. The unfinished side, supporting rails, and posts of any fence shall face the interior of the property of the owner, and, the finished side of the fence shall face contiguous property. Fences which exceed two feet in height above natural grade shall be designed with a surface at least twenty five percent (25%) open to light and air throughout its area.
(c) Location.
(1) Any fence designed with a surface at least twenty-five percent (25%) open to light and air throughout its area may be located on a property line.
(2) Any wall, any hedge, or, a fence designed with a surface of less than twenty-five percent (25%) open to light and air throughout its area, may be located no less than three feet from a property line.
(3) (EDITOR’S NOTE: Former subsection (c)(3) was repealed by Ordinance 2020-10, passed March 9, 2020.)
(d) Prohibited fences, walls and hedges.
(1) Fences charged with electrical current.
(3) Retaining walls constructed of plain concrete masonry unit blocks without aesthetic additive such as exposed aggregate or thoroughly blended coloration.
(e) Proximity to Historic Structures. Fences located in proximity to historically significant properties shall be Compatible in design with the character of such properties.
(f) Utility Uses. Utility uses shall be completely enclosed by a fence or wall not less than five feet and not more than seven feet in height. Such fences shall be opaque. The design and construction of such fences shall be approved by the Architectural Board of Review in consideration of factors of safety and visual impact on nearby uses. For uses which do not present safety hazards, the Administrator may waive the fencing requirement.
(g) Exceptions. The requirements of this chapter shall not apply to a hedge which is planted as a perimeter screen under the landscaping regulations set forth in Section 1142.06.
(Ord. 2019-39. Passed 8-13-19; Ord. 2020-10. Passed 3-9-20.)
1148.04 PERMITS.
(a) Permit Required. No person shall erect any fence, wall, or retaining wall without first obtaining a building permit and making payment of the fee required by Section 1309.14 of the Building Code.
(b) Survey Required. If documentation of the property line locations is not conclusive, the Administrator may require a professional survey to identify such locations prior to issuing a permit. (Ord. 2019-39. Passed 8-13-19.)
1148.05 FENCES, WALLS, AND HEDGES PERMITTED: RESIDENTIAL DISTRICTS.
(a) Front Yards. Fences, walls and hedges shall not exceed three and one-half feet in height above finished grade. However, fences, walls and hedges shall be permitted to a greater height in the front yard along a side lot line which adjoins a business or industrial district if approved by the Planning and Zoning Commission and a determination is made that the fence, wall or hedge will comply with subsection (c)
(b) Side and Rear Yards. Fences, walls and hedges shall not exceed six feet in height, except as required for tennis courts in subsection (d)(2) hereof or utility fences as permitted in Section 1148.03(b).
(c) Corner Lots. The installation of a fence, wall or combination thereof shall not create a visibility or safety concern for vehicular or pedestrian movement. Within a triangle formed by lines drawn between points on the two street lines of a corner lot twenty-five feet from their intersection, substantially unobstructed sight lines must be maintained within a vertical height band of two and one-half feet to six feet above curb level.
(d) Recreational Uses.
(1) Swimming pools. Any swimming pool in which water may collect to a depth in excess of one and one-half (1-1/2) feet shall be enclosed by a wall or fence not less than five (5) feet in height. Such fence shall be constructed so that the horizontal members are on the pool side of the enclosure and vertical members shall not be spaced more than four (4) inches apart. The bottom horizontal member shall be four (4) inches or less from the ground. A building or existing wall may be used as part of the enclosure. All gates providing access to the pool or pool area shall be of self-closing and self-latching construction with the latch at least five (5) feet from ground level, shall be designed to permit locking and shall be kept locked when the pool is not in actual use or is unattended.
(2) Tennis courts. Tennis courts shall be enclosed by a metal chain link or mesh fence at least nine feet in height but no more than twelve feet in height above finished grade.
(Ord. 2019-39. Passed 8-13-19; Ord. 2019-56. Passed 11-25-19.)
1148.06 FENCES, WALLS, ND HEDGES PERMITTED: NON-RESIDENTIAL DISTRICTS.
(a) Height. Fences, walls, and hedges shall not exceed eight feet in height. Any fence, wall, or hedge which restricts the visibility along a traveled right-of-way, shall be located subject to the approval of the Planning and Zoning Commission.
(b) Limited Industrial District. In the Limited Industrial District, the placement of not more than three strands of barbed wire shall be permitted on top of a fence other than a barbed wire fence, provided such strands are not less than sixty inches from the ground.
(d) Recreational Uses.
(1) Swimming pools. Any swimming pool in which water may collect to a depth in excess of one and one-half (1-1/2) feet shall be enclosed by a wall or fence not less than six (6) feet in height. Such fence shall be constructed so that the horizontal members are on the pool side of the enclosure and vertical members shall not be spaced more than four (4) inches apart. The bottom horizontal member shall be four (4) inches or less from the ground. A building or existing wall may be used as part of the enclosure. All gates providing access to the pool or pool area shall be of self-closing and self-latching construction with the latch at least four (4) feet from ground level, shall be designed to permit locking and shall be kept locked when the pool is not in actual use or is unattended.
(2) Tennis courts. Tennis courts shall be enclosed by a metal chain link or mesh fence at least nine feet in height but no more than twelve feet in height above finished grade.
(Ord. 2019-39. Passed 8-13-19; Ord. 2019-56. Passed 3-9-20.)
1148.07 RETAINING WALLS.
(a) A retaining wall may be constructed on property where topographic conditions warrant or where necessary to retain fill or cut slopes.
(b) In addition to the permit requirements of Section 1148.04, all retaining walls over three (3) feet in height shall require the submission of plans and specifications for approval by the Municipal Engineer. Such plans shall be prepared by a professional engineer.
(c) Retaining walls shall be set back from any property line a minimum of three (3) feet plus one (1) foot for every foot of wall height greater than three (3) feet.
(d) The height of a retaining wall shall be measured vertically from the finished grade of the lower side of the wall to the highest point at the top of the wall.
(e) Retaining walls exceeding three (3) feet in height shall have a hedge, fence or rail at the top edge of the wall.
(f) Retaining walls shall not restrict access to utilities, impede the normal flow of storm water, cross open drainage channels, or be located over an access easement.
(g) Retaining walls shall be maintained by the owner in good repair at all times.
(h) Walls greater than six (6) feet in height or in excess of one-hundred (100) square feet shall be subject to review by the Architectural Review Board. The design and construction of such walls shall be approved by the Architectural Board of Review in consideration of factors of safety and visual impact on nearby uses.
(Ord. 2019-39. Passed 8-13-19.)
1149.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these regulations to provide for the placement of wireless telecommunication facilities to achieve the following objectives:
(a) To minimize adverse health, safety, welfare, and visual impacts through the buffering, siting and design of such facilities.
(b) To encourage the sharing of sites among users to minimize the number of towers within the Municipality.
(c) To require the prompt removal of obsolete or vacated facilities.
(d) To exclude from these regulations those installations and systems used by amateur radio operators.
(Ord. 2019-39. Passed 8-13-19.)
1149.02 DEFINITIONS.
(a) "Collocation" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(b) "Lattice tower" means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
(c) "Monopole" means a vertical support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(d) "Open space" means land devoted to conservation or recreational purposes and/or land designated to remain undeveloped.
(e) "Telecommunication" means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
(f) "Wireless telecommunications antenna" means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(g) "Wireless telecommunications equipment shelter" means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(h) "Wireless telecommunications facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(i) "Wireless telecommunications tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
(Ord. 2019-39. Passed 8-13-19.)
1149.03 ADMINISTRATIVE PROCEDURES.
In addition to the requirements of Chapter 1109, the following procedures are established to govern the processing of applications for placement and operation of wireless telecommunication facilities as regulated in this chapter.
(a) When a wireless telecommunications facility is proposed, the applicant shall submit:
(1) A plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility.
(2) Detailed plans including photographs of the proposed site, and complete structure elevations and a perspective view showing the tower from all contiguous property lines or lot lines.
(3) Evidence of legal access to the tower site thereby maintaining this access regardless of other developments that may take place on the site.
(4) A landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
(5) Documentation demonstrating that the telecommunications tower must be sited in the proposed location and that it is technically necessary.
(6) Evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within thirty days. The applicant's letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.
(7) A statement describing anticipated maintenance needs, including frequency of service, equipment needs, and traffic, safety, or noise impacts of such maintenance.
(8) Aerial photos and/or renderings may augment the plot plan.
(9) Evidence that demonstrates the applicant's ability to furnish a financial guarantee for the estimated amount of removal of the facility. Such guarantees may be in the form of a performance or surety bond, a certified check, or any other type of surety approved by the Municipality.
(10) The operator of a wireless telecommunications facility shall, at all times, maintain liability insurance with such amounts and types of coverage as deemed necessary by the Law Director with the Municipality named as additional insured. Evidence of such insurance, which shall be renewed annually, shall be kept on file with the Municipality. The Municipality may require increases in the monetary limits every five years based on inflation, experience in judgments for damages in tort cases, and new types of coverages when made available to the wireless telecommunications industry, or to cover those amounts and types of coverages a wireless telecommunications tower owner in Cuyahoga County customarily requires carriers to provide for the owner's benefit.
(b) The Administrator may waive any of the above requirements which he determines to be inapplicable in specific instances.
(c) In addition to the Review and Approval Procedures set forth in Section 1109.05, an application for the placement of a wireless telecommunication shall be subject to the following:
(1) Upon receiving the completed application, the Planning and Zoning Commission shall hold a public hearing. Such application request shall be posted on the Municipality's website at least thirty days prior to the date of the hearing. Notice of the hearing shall also be mailed, by first class mail, at least fifteen days before the hearing date, to owners of property within 300 feet of the subject property. The addresses of such owner shall be obtained from the addresses appearing on the County Auditor's tax list or the County Treasurer's mailing list. The failure to mail notice to owners whose names do not appear on such lists, as well as the failure of delivery of such notice, shall not invalidate any subsequent Planning and Zoning Commission action. The mailed and website notification shall set forth the time and place of the public hearing and a summary of the proposed application. During the thirty days preceding the hearing, a copy of the application shall be on file for public inspection in the office of the Clerk of Council.
(2) Following the public hearing, the Planning and Zoning Commission may adopt the proposal by a majority vote of those appointed to the Planning and Zoning Commission.
(3) Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be made within a reasonable time and in writing and supported by substantial evidence contained in a written record of the proceedings of the Planning and Zoning Commission and the Secretary of the Planning and Zoning Commission shall deliver such decision contemporaneously with issuing such written decision to the applicant upon rendering the final decision.
(4) The notice and hearing requirement may be waived by the Administrator for applications for construction of a new antenna on an existing structure which do not require the construction of a new tower or associated facilities.
(d) The Planning and Zoning Commission may refer a pending application to one or more expert consultants qualified to advise whether a proposed wireless telecommunication facility conforms to the standards of this chapter. Based on such information, the Planning and Zoning Commission, based on substantial evidence, and within a reasonable time, may approve or deny the application, or may require modification of the proposed facility. The applicant shall pay all fees for services of the expert consultant deemed reasonable and necessary by the Planning and Zoning Commission. (Ord. 2019-39. Passed 8-13-19.)
1149.04 GENERAL REQUIREMENTS.
The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located.
(a) Wireless telecommunications facilities that include towers must be located in a non- residential district unless the applicant presents substantial evidence as to why it is not technically feasible or why a location in a residential district is technically mandated. Every effort must be made by the applicant to find the least intrusive location so as to minimize impact on the residential community.
(b) A wireless telecommunications facility is permitted on a property with an existing use which may be any permitted use in the district or any lawful nonconforming use and need not be affiliated with the wireless telecommunications provider. The facility will not be considered an addition to the structure or value of a nonconforming use.
(c) Where technically feasible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building.
(d) Underground equipment shelters are encouraged and may be mandated by the Planning and Zoning Commission where technically feasible.
(e) The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
(f) No tower shall be artificially lighted except to assure safety or as required by the FAA. Security lighting around the equipment shelter is permitted.
(g) "No Trespassing" signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency. The number, size and placement of such signs shall be determined by the Administrator.
(h) Underground utility wiring to the site and from the tower to any service or ancillary structures shall be required if technically feasible.
(i) The wireless telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic and necessary maintenance or repairs.
(j) Equipment, mobile or immobile, not used in direct support of the facility shall not be stored or parked on the site except in connection with a repair or maintenance being made to the installation.
(k) No supporting wires or cables shall encroach upon any minimum setback requirements.
(l) Existing vegetation, primarily trees and shrubs, shall be preserved to the maximum extent possible.
(Ord. 2019-39. Passed 8-13-19.)
1149.05 MINIMUM AREA, HEIGHT AND DESIGN REQUIREMENTS.
Wireless telecommunications facilities are subject to the following conditions:
(a) Minimum Lot Size. The area needed to accommodate the tower (and guy wires, if used), the equipment shelter, security fencing, buffer planting, and minimum yard requirements.
(b) Minimum Yard Requirements.
(1) Tower. The minimum setback for the applicable zoning district, except that the minimum distance to any single family or two family residential use lot line or residential district lot line shall be 300 feet.
(2) Equipment shelter. The minimum setback for the applicable zoning district.
(c) Maximum Height.
(1) Tower. 150 feet including antenna.
(2) Equipment shelter. 15 feet above finished grade.
(3) Antenna attached to existing building or structure. 20 feet or 20% of the building height above the existing building or structure, whichever is less.
(d) Maximum Size of Equipment Shelter. 300 square feet for a single shelter, or, if there is more than one, 750 total square feet for all shelters. The Planning and Zoning Commission may require that providers utilize a single shelter or construct multiple shelters so that they share common walls with each shelter having a separate outside entrance.
(e) Access. Provided along the circulation driveways of the existing use without interfering with the parking or vehicular circulation for the main use if present.
(Ord. 2019-39. Passed 8-13-19.)
1149.06 ABANDONMENT.
All providers utilizing towers shall present a report to the Administrator notifying them of any tower facility located in the Municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, the Administrator may declare the facility abandoned. This excludes any dormancy period between construction and the initial use of the facility. The facility's owner/operator will receive written notice from the Administrator and will be instructed to either reactivate the facility's use within 180 days or dismantle and remove the facility. If reactivation or dismantling does not timely occur, the Municipality may remove or will contract to have removed the tower facility and related structures and equipment at the owner/operator's cost. If the owner/operator does not pay for removal, the Municipality shall have a lien on the tower facility and related equipment and structures until paid and may record the lien with the Cuyahoga County Recorder.
(Ord. 2019-39. Passed 8-13-19.)
1149.07 SUPPLEMENTAL REGULATIONS.
(c) Any application to locate an antenna on a building or structure that is listed on an historic register, or is in an historic district shall be subject to review by the Architectural Board of Review in accordance with Chapter 1146, Historic Preservation Regulations.
(d) No advertising is permitted anywhere on the facility with the exception of incidental signs as permitted by Chapter 1143, Signs.
(Ord. 2019-39. Passed 8-13-19.)
1150.01 PURPOSE AND INTENT.
It is the intent of this Planning and Zoning Code to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures and lighting systems shall be designed, constructed, and installed to (i) control glare, (ii) prevent light trespass, (iii) minimize obtrusive light, and (iv) conserve energy while maintaining safety, security and productivity.
(Ord. 2019-39. Passed 8-13-19.)
1150.02 DEFINITIONS.
(a) Cut-off Angle (of a luminaire) - the angle, measured up from the nadir, between the vertical axis and the first line of site at which the bare source is not visible.
(b) Director Light - light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
(c) Foot Candle - a unit of illuminance equal to one lumen per square foot or 10.76 Lux.
(d) Flood or Spotlight - any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
(e) Full Cut-off or Fully-Shielded Luminaire - a luminaire constructed or shielded in such a manner that all light emitted by the luminaire, either directly from the lamp or indirectly from the luminaire, is projected below the horizontal plane through the luminaire's lowest light emitting part as certified by the manufacturer.
(f) Glare - light emitting from a luminaire with an intensity great enough to cause annoyance, discomfort, or loss of visual performance and visibility.
(g) HID Light Source - means a lamp which utilizes a small gas arc discharge or "high intensity discharge" as the light emitter. Examples of HID light sources are mercury, metal halide and high-pressure sodium lamps.
(h) Light Trespass- the unwanted shining of direct light produced by a luminaire beyond the boundaries of the property on which it is located, also meaning light that is of an intrusive and objectionable nature.
(i) Lumen - the unit measure of light flux or light output from lamps and luminaires.
(j) Luminaire - a complete lighting unit typically consisting of all electrical and mechanical parts necessary for operation including a lamp, ballast (in the case of discharge lamps), optical assembly and enclosure.
(k) Lux - the SI unit of illuminance. One lux is one (1) lumen per square meter and approximately 0.1 foot-candles.
(l) Maximum Mean Average Lux - the maximum average lux level on a surface based upon the average lumen output of a lamp over its life. Average lumen output over the life of the lamp is typically about 75% of new lamp lumen output.
(m) Temporary Outdoor Lighting - lighting that is applied temporarily for construction, safety, seasonal events, or public events.
(Ord. 2019-39. Passed 8-13-19.)
1150.03 GENERAL REQUIREMENTS.
(a) Outdoor lighting fixtures installed in all zoning districts other than the Parks, Conservation and all residential districts, after the effective date of this Chapter 1150, shall comply with the following:
(1) Lighting Plans. Full lighting plans shall be required prior to the installation of any lighting improvements or fixtures. Lighting plans shall show the following:
A. The location and height above grade of the luminaires.
B. The wattage and type of each light source such as incandescent, fluorescent, metal halide, etc.
C. The general type and appearance of each luminaire such as lantern, globe, floodlight, full-cutoff area luminaire, wall pack, downlight, etc.
D. Calculated or manufacturer-rated numerical values of total light output (lumens) of the luminaire or luminaires and the light output above a horizontal plane through the optical center of the luminaire if the light output per lamp is greater than allowed by this regulation.
E. A 2-D or 3-D photometric model that quantifies calculated light output on the property and demonstrates compliance with the regulation.
F. Building walls to be illuminated by wall mounted or facade-mounted luminaires including relevant building elevations showing the location of the luminaires, their aiming direction and aiming angle (if directional), the portions of the building walls to be illuminated, and their color.
(2) Where used for safety or security purposes, only fully shielded luminaires shall be utilized.
(3) The cut-off angle or placement of all luminaires will be such that the level of lighting shall not exceed 11 1ux at any property line measured by meter line of sight to any luminaire. Other than light incidental to fully shielded lighting, no direct light will be allowed to trespass onto other properties.
(4) Island canopy ceiling fixtures shall be recessed so that direct light cannot radiate onto adjacent properties or roadways.
(5) With the exception of flag lighting, ground level signs, any decorative lighting mounted as shielded sconces (emitting a maximum of 3,000 lumens each) on building side walls, no lighting may be pointed in an upward direction.
(6) All non-residential lighting will be designed to provide average lux levels at ground level in keeping with the recommended averages published in RP-33 Lighting for Exterior Environments and RP-20 Light for Parking Facilities by the IESNA (Illuminating Engineering Society of North America), and all institutional, industrial and business district lighting will be designed to achieve no more than a maximum mean average equal to 200% of recommended averages or maximums. Average lux levels in excess of 300% of recommended averages or maximum at ground level will be in non-conformance with this Chapter. Parking lot lighting shall not exceed more than a maximum mean average of 50 lux at ground level.
(7) All outdoor light pole fixtures shall not be taller than the buildings it serves or 30 feet, whichever is shorter.
(b) Outdoor lighting fixtures installed in the Conservation, Parks, and all residential districts after the effective date of this Chapter shall comply with the following:
(1) All HID lighting (including mercury vapor) will have full cut-off fixtures or be shielded to prevent the trespass of glare from direct light onto adjacent properties.
(2) All exterior lighting shall be designed and installed to avoid glare and light trespass on adjoining properties and public rights of way.
(3) The total light output of all exterior lighting shall not exceed 75,000 lumens. Total lumens shall be calculated by adding the manufacturer initial lumen rating for each lamp type to obtain a total lumen value.
(4) Wall or Facade Mounted Lighting. Wall mounted fixtures and/or facade mounted luminaires shall be used solely for illuminating entrances and walkways and shall not be used or designed for building architectural illumination.
(5) Driveway Lighting. Driveway and parking area lighting shall be limited to low- mounted luminaires only. Low-mounted lighting is defined as lighting where the optical center of the luminaire is no more than 2 feet above driveway grade.
A. If lanterns or unshielded luminaires utilizing clear, diffusing or prismatic lenses are installed, the incandescent lamp wattage is limited to 25 watts per enclosure or the equivalent light output for other light sources.
B. If fully-shielded luminaires are installed, the incandescent lamp wattage is limited to 40 watts per enclosure or the equivalent light output for other light sources.
C. The maximum incandescent wattage allowed per linear foot of driveway for lighting is 0.75 watts or the equivalent light output for other light sources.
(6) Area Lighting. Floodlights and spotlights may be permitted for the purpose of illuminating tennis courts or other permitted outdoor uses or activities in compliance with the following:
A Luminaires shall be mounted at 30 feet or less measured from the optical center of the luminaire to grade directly beneath the luminaire.
B. Lamp wattage is limited to 90 watts of incandescent or halogen incandescent reflector ("PAR") type lamps or equivalent per socket and no more than three sockets per mounting location.
C. The lighting shall be designed and operated to provide the minimum and no more than 1.5 times the minimum maintained illumination values recommended for the application by the Illuminating Engineering Society of North America as expressed in the IESNA Lighting Handbook (current edition) or current Recommended Practice for the application.
D. Such lighting shall not be operated between midnight and 9:00 a.m.
(7) Landscape Lighting. Landscape lighting is defined as lighting installed and arranged to primarily illuminate "softscape" such as bushes, trees, vines, shrubs and flowers or "hardscape" such as terraces, fences, bridges, walls (non-building), sculpture, water features, ornaments, and formed earth shapes. Landscape lighting may be automatically or manually switched provided that the operating period extends only from dusk to midnight.
(8) Street Address, Identification Signs. Street address, identification signs, and entrance features may be illuminated internally or externally, provided that lamp wattage is limited to 30 watts of incandescent or the equivalent light output using other types of light sources.
(c) The Architectural Board of Review may authorize specific exemptions when the Board determines that there will be no adverse impact resulting from the lighting and that such lighting is consistent with the spirit and intent of this Chapter.
(Ord. 2019-39. Passed 8-13-19.)
1150.04 EXEMPTIONS.
(a) Kerosene, propane, battery and natural gas lamps.
(b) All low voltage lighting rated at twenty-four volts or less.
(c) Decorative outdoor lighting fixtures with bulbs that do not exceed twenty-five (25) watts, installed seasonally for one period not exceeding forty-five (45) days during any calendar year, are exempt from the requirements of this Chapter.
(d) Temporary construction or emergency lighting is exempt from the requirements of this Section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.
(e) All outdoor lighting fixtures existing and legally installed prior to the effective date of this Chapter shall be exempt from the requirements of this Chapter. When existing lighting fixtures become inoperative, their replacements are subject to the provisions of this Chapter.
(f) Special Event lighting for events otherwise approved by the Municipality.
(g) Municipal lighting.
(Ord. 2019-39. Passed 8-13-19.)
1150.05 PROHIBITED LIGHTING.
This Section identifies lighting applications which cause glare, decrease visibility, produce unattractive lighting environments or excessive light trespass or light pollution. These applications are prohibited.
(a) Unshielded Light Sources. This type of lighting is prohibited except as described herein.
(b) Changing Lights. Lights which flash, move, blink, flicker, vary in intensity or change color are prohibited from being installed on buildings or grounds except for temporary exemptions described herein.
(c) Types of Lamps. Mercury and low pressure sodium (LPS) discharge lamps are prohibited because of their poor color qualities.
(d) Architectural Lighting. Linear lighting such as "rope" light or high-voltage (neon) tubing is prohibited.
(Ord. 2019-39. Passed 8-13-19.)
1150.06 NONCONFORMANCE.
There shall be no change in use or lamp type, or any replacement or structural alteration made, without conforming to all applicable requirements of this Chapter.
(Ord. 2019-39. Passed 8-13-19.)
1151.01 INTENT.
In addition to the applicable provisions stated in Section 1105.03, it is the intent of these regulations to achieve the following objectives:
(a) Limit impact of land uses on rivers in order to preserve and conserve the quality, purity, clarity and free-flowing condition of streams;
(b) Maintain natural water temperatures, preserve aquatic and terrestrial plant and animal habitat;
(c) Prevent erosion of stream banks, lessen the level of siltation of stream waters; and
(d) Preserve valuable water resources in the interest of present and future generations.
(Ord. 2019-39. Passed 8-13-19.)
1151.02 ESTABLISHMENT OF BUFFER AREA SETBACK AND BOUNDARY.
The buffer area setback shall be maintained along both sides of stream channels which have a mean surface width at normal low water of at least ten feet or greater and wetlands as defined by the Army Corps of Engineers and the United States Environmental Protection Agency (E.P.A.). The minimum boundary of the buffer area setback shall be set at 120 feet in a horizontal plane outward from the normal low water mark of the stream channel. It shall be preserved in its natural state and shall be adjusted outward to include sensitive areas such as steep slopes, wetlands and wooded areas contiguous to the stream.
(Ord. 2019-39. Passed 8-13-19.)
1151.03 PERMITTED USES.
Use or activities shall not significantly affect the natural quality of the area and are limited to the following:
(a) Passive recreational uses such as hiking, fishing, etc.
(b) Only damaged or diseased trees or those that the Administrator has determined to be in imminent danger of being uprooted or falling in or along the stream may be removed. The stump and root structure of trees on the stream bank shall be left in place to retard bank erosion.
(Ord. 2019-39. Passed 8-13-19.)
1151.04 SUPPLEMENTAL REGULATIONS.
(a) The buffer area setback described above shall be overlays to the existing underlying districts as shown on the official Zoning Map of the Municipality, and as such, the provisions for the riparian buffer area setbacks shall serve as a supplement to the underlying district provisions.
(b) Where there happens to be any conflict between the provisions or requirements of any buffer area and those of any underlying district, the more restrictive provisions and/or those pertaining to the flood plain buffer area setback shall apply.
(c) In the event any provision concerning a flood plain buffer area setback is declared inapplicable as a result of any legislative or administrative actions, or judicial declaration, the basic underlying district provision shall remain applicable.
(Ord. 2019-39. Passed 8-13-19.)
1152.01 INTENT.
Whereas the hillside areas of the Municipality differ from the Municipality's flatlands, hillsides necessitate different provisions for their development and their protection. The Hillside Protection Regulations are established to achieve, among others, the following objectives:
(a) To permit development on hillside areas while conserving and promoting the public health, safety, convenience and general welfare by minimizing disruption to slope stability, water run-off and soil erosion problems incurred in adjustment of the topography to meet development needs;
(b) To use generally accepted design, landscape architecture, architecture, civil engineering, and geotechnical engineering to preserve, enhance and promote the existing and future safety of hillside areas;
(c) To preserve and enhance the natural beauty of the landscape by encouraging the maximum retention of natural topographic features such as natural drainage swales, streams, slope ridge lines, rock outcroppings, vistas from and of the hillsides, trees and other natural plant formations and to retain the sense of identity and image that the hillside areas now impart to the Municipality;
(d) To maximize the natural environmental value of hillside areas as well as their scenic beauty and to protect public and private property owners from the potential damage to human life and safety and property damage that could be caused by increased hillside instability;
(e) To assure access to properties that have hillside areas by emergency, police and fire vehicles and personnel to protect persons and property; and,
(f) To preserve and protect the unique scenic resources and scenic river habitats in the Municipality.
(Ord. 2019-39. Passed 8-13-19.)
1152.02 DEFINITIONS.
(a) "Average percent slope."
Average percent slope "S" is computed by the formula:
S = 0.00229 I L
A
where S = Average percent slope
I = Contour interval, in feet*
L = Summation of length of contours, in feet
A = Area in acres of parcel being considered
* Calculations of average percent slope should be based upon accurate topographic surveys using a contour interval no greater than ten feet and a horizontal map scale of 1": 200' or larger. The area of the zoning lot shall be used in this calculation.
(a) "Cut" means a portion of land surface or areas from which the earth has been removed or will be removed by excavation; the depth below the original ground surface or excavating surface.
(b) "Earth moving" means any excavating, cutting or filling, or any stockpiling thereof.
(c) "Erosion" means the general process whereby soils are detached and moved by the flow of surface or subsurface water, wind, ice and gravity.
(d) "Excavating" means removing of soil or other materials by any means whatsoever from water or land on or beneath the surface thereof or beneath the land surface, whether exposed or submerged.
(e) "Fill" means depositing of soil, rock or other materials by other than natural means.
(f) "Finished grade" means the final grade or elevation of the ground surface after grading is completed.
(g) "Geotechnical Engineer" means a Registered Professional Engineer in the State of Ohio with training in geotechnical engineering and experience in slope stability analysis and stabilization methods.
(h) "Grade" means the degree of rise or descent of a sloping surface.
(i) "Grading" means any excavating, cutting or filling, stockpiling of land or earth or combination thereof, including the conditions resulting from any of the above.
(j) "Hillside area" includes land in all zoning districts in the Municipality with an average percent slope of twelve percent (12%) or greater and any area contiguous to such a slope within a distance of one times the height of the slope.
(k) "Hillside control measures" means all of the planning work and control that is required and specified by this chapter.
(l) "Impervious surface" means roads, buildings and structures as defined in Section 1107.05 of the Planning and Zoning Code, tennis courts, roofs, driveways, sidewalks, pools, patios, pool decks, decks, parking lots and other similar surfaces.
(m) "Natural ground surface" means the ground surface in its original state before any grading, excavation or filling.
(n) "Natural vegetation" means plant materials which are indigenous to the area and exist on a site prior to any construction or earth moving activity.
(o) "Owner/developer/builder" means an individual, firm, association, syndicate, limited liability company, limited liability partnership, partnership or corporation having sufficient proprietary interest to seek development of land.
(p) "Run-off" means the part of precipitation which flows over land without filtering into the soil.
(q) "Undisturbed" means that portion of the parcel to be developed which will not be regraded, have any vegetation removed from or have any impervious surface constructed on or over as specified in this chapter.
(Ord. 2019-39. Passed 8-13-19.)
1152.03 PROCEDURES.
Upon the filing of a request for approval of a building permit, grade plan approval or subdivision, the Administrator shall use the following procedures to determine whether the proposed action is governed by provisions of this chapter and whether a hillside protection permit is required for a parcel or part of a parcel.
(a) The average percent slope shall be calculated, and this information shall be supplied by the applicant at the time of filing of the application with the Municipality.
(b) The application shall be reviewed by the Municipal Engineer who shall then notify the Administrator if a hillside protection permit is required.
(c) If a hillside protection permit is required, the owner/developer shall be required to include hillside control measures with grading, hydrological and landscaping plans as specified in Section 1152.04.These plans shall be submitted to the Municipal Engineer for approval.
(d) If it is determined by the Administrator that the action is governed by these provisions, then a hillside protection permit shall be required before a building permit or subdivision permit is issued to the owner or developer by the Municipality. A hillside protection permit shall be issued in phases as determined by the Administrator and the Municipal Engineer before the next phase permit will be issued.
(Ord. 2019-39. Passed 8-13-19.)
1152.04 REQUIRED HILLSIDE CONTROL MEASURES, STANDARDS AND PLANS.
The owner/developer shall comply with the following provisions:
(a) Pre-Construction Record. A photographic record shall be filed with the Administrator prior to any building, grading or clearing activity on the parcel to be developed. This record shall completely depict the pre-development condition of the parcel in sufficient detail to enable the Administrator to evaluate compliance with these regulations during and following completion of construction activities under these regulations. The Administrator shall have the authority to request additional photographs of pre-development conditions of the parcel being developed to satisfy the intent of this section when in his opinion such additional records are required.
(b) Geotechnical Report. When deemed necessary by the Municipal Engineer, a geotechnical report by a qualified geotechnical engineer that addresses all factors pertinent to site stability, both present and future, will be required by the Municipal, and shall include the following:
(1) Present stability evaluation. An evaluation of the present stability of the site, based on field exploration that may include test borings and lab testing and stability analysis.
(2) Future stability evaluation. An evaluation of the effect of the planned construction on stability based on the findings under paragraph (c)(1) hereof.
(3) Recommended strategies. Detailed strategies to ensure that existing or potential instabilities will be mitigated.
(4) Instrumentation. Instrumentation shall be required where, in the opinion of the Municipal Engineer, there is evidence of slope movement. Such evidence may include damage to contiguous structures, head scarps, toe bulges, open fissures, misalignment of fence lines, vertical drops or any other evidence that suggest past or active slope failure.
(5) Minimum Requirements. The Municipal Engineer shall have the authority to set minimum standards for the Geotechnical Report based on current engineering standards and site conditions.
(c) Grading Plans. A grading plan shall be required for each lot in conformance with Section 1307.19 of the Building Code and in addition shall show the natural topography of the total parcel to be developed and any steep slopes on contiguous properties that, in the opinion of the Municipal Engineer, may be affected by the development, the location and size of all structures, the finished grade of all improvement locations and the dimensions, elevations and contours of any proposed earth moving and shall be submitted with each application for a hillside protection permit and shall show the following. No building or demolition permits may be issued and no construction activity initiated until a grading plan permit is issued:
(1) A detailed topographic map. A contour map with two-foot intervals or suitable cross sections or profiles of areas where streets, driveways, buildings, utilities or grading construction is proposed shall be required.
(2) Road profiles. Profiles and cross sections of all significant changes in the cross slopes; the cross section to show proposed and natural grade at the centerline of the road, the right-of-way line and the proposed building setback lines shall be required.
(3) Special terrain notes. Notes and details of existing terrain shall be shown over the required topographic information.
(4) Material disposal. A description shall be included of methods to be employed in disposing of soil and other material removed, including the location of the disposal site.
(5) Timetable. A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.
(d) Earth Moving Controls. The following minimum standards shall apply to earth moving:
(1) Minimum alterations. Earth moving shall be limited to the minimum required for building foundations, driveways, drainage control structures and immediate yard areas.
(2) Erosion control. All earth moving shall create the lowest possible potential for airborne or waterborne transportation of soil.
(3) Compaction. All fill shall be stabilized in conformance with generally accepted engineering standards, including a compacted density in conformance with the approved Geotechnical Report.
(4) Prompt completion. All earth moving shall be accomplished in the shortest practical period of time. In no event shall the existing natural vegetation be destroyed, removed or disturbed more than fifteen days prior to the initiation of construction.
(5) Cut and fill. Cut and fill slopes shall be no steeper than two horizontal to one vertical; fill slopes shall not be located on natural slopes steeper than 2:1; or where fill slope toes out within twelve feet horizontal of the top of an existing or planned cut slope.
(e) Hydrological Controls. The following standards shall apply to hydrological controls:
(1) Natural channels. Natural drainage ways shall be preserved to the maximum extent possible.
(2) Controlled run-off. Run-off from concentrated impervious surfaces shall be collected and transported in a pipe or other approved manner to a Municipal storm sewer system if available, or if unavailable, to the bottom of a ravine in a safe, adequate and nonerosive manner. Where required by the Municipal Engineer, storm water retention facilities shall be installed.
(3) Interceptor ditches. Where required, interceptor ditches shall be established above steep slopes in such a way as not to saturate or erode soil, and the intercepted water shall be conveyed in a pipe or other approved manner to a Municipal storm sewer system or to the bottom of a ravine or steep slope.
(4) Discharge point stabilization. Natural drainage ways shall be established by means consistent with sound professional engineering practice, below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion and in such manner as to dissipate the energy of the discharge.
(5) Early completion. The overall drainage system shall be completed and made operational at the earliest possible time during construction.
(6) Impact on adjacent property. Natural or usual flow of surface or subsurface water shall not be altered or obstructed in any way by grade changes that may adversely affect the property of another by either contributing to pooling or collection of waters, or to the concentration or intensification of surface water discharge. However, construction which might otherwise be prohibited hereinabove may be allowed if such waters are safely and adequately drained in a nonerosive manner by a pipe or other approved manner to a storm sewer or to a channel at the bottom of a ravine or steep slope.
(f) Hydrological Control Plan. A hydrological control plan, prepared by a registered professional civil engineer or landscape architect, shall be submitted with each application for a hillside protection permit. This plan shall include the following:
(1) Hydrologic inventory. A reasonably detailed description of:
A. The direction of flow within the local drainage basin;
B. All natural drainage channels directed toward and away from the site within fifty feet of the perimeter of the site;
C. Other natural drainage ways which may affect or be affected by the proposal; and
D. Any future realignment of the natural ravine channel.
(2) Special notations. Special notations shall be included highlighting details of the terrain, existing natural surface drainage and areas subject to seepage or spring flow.
(3) Proposed facilities. The location of all surface and subsurface drainage devices and protective measures to be installed as part of the proposed development, together with a statement concerning any active erosion occurring at the outlet of existing or proposed systems.
(g) Vegetation and Revegetation. The following standards shall apply to vegetation and revegetation of Hillside Areas:
(1) Shortest duration. Soil exposure shall be kept to as short a duration of time as practical.
(2) Temporary measures. When required by the Municipal Engineer, temporary vegetation, mulch or other acceptable cover shall be used to protect areas exposed during development and to prevent airborne or waterborne transportation of soil.
(3) Revegetation. A mix of plantings (preferably native with adequate deep root systems) shall be used to landscape steep slope areas disturbed by earth moving and construction.
(h) Landscape Plan. A landscape plan, prepared or approved in writing by a professional registered landscape architect trained and experienced in both the characteristics of plant material and proper procedures for installation, shall be submitted with each application for a hillside protection permit. This plan shall include the following:
(1) Existing inventory. A site plan inventory describing the existing vegetation cover of the property and showing those areas where the vegetation will be removed as part of the proposed development.
(2) Revegetation. A site plan describing proposed revegetation of disturbed areas and specifying the materials to be used.
(3) Written description. A detailed description of any slope stabilization and revegetation methods, together with the rationale for selecting the plant materials and planting techniques to be used.
(i) Driveways. The maximum grade on driveways shall not exceed ten percent (10%). Each drive shall provide sufficient space and distance so that any vehicle entering or leaving the premises shall be traveling in a forward motion.
(j) Excluded Activities. This chapter shall not be interpreted to prohibit normal landscape maintenance or routine arboreal activities or to prohibit small scale planting of ornamental flowers or shrubs, or the removal of diseased, dead or damaged trees. However, such activities shall be carried out to conformance with the standards of vegetation or revegetation of this chapter.
(Ord. 2019-39. Passed 8-13-19.)
1152.05 HOLD HARMLESS PROVISIONS.
The following hold harmless provisions pertain to any construction or any earth moving activities permitted by the administration of this chapter:
(a) Limited Obligation. Compliance with the procedures of this chapter and the issuance of any related permits shall not be construed to impose any legal obligation upon the Municipality or its elected or appointed officials.
(b) Civil Claims. Compliance with the procedures of this chapter and the issuance of related permits shall not relieve the property owner from civil liability claims by other property owners.
(c) Endorsement. Compliance with the procedures of this chapter and the issuance of related permits do not imply approval of, the need for or the benefit or efficacy of the proposed construction; nor does it constitute any assertion that the proposed construction will not result in damage to the property in question or to adjoining property. (Ord. 2019-39. Passed 8-13-19.)
1152.06 ADMINISTRATION AND ENFORCEMENT.
(b) Additional Site Inspections. Additional site inspections shall be scheduled by the Administrator or Engineer during and upon completion of each phase of the hillside development. Construction activity shall be halted if it is found upon inspection that a situation exists or could result which endangers the health, safety or welfare of adjacent property owners.
(d) Severability. If for any reason, any change, sentence paragraph, section or other part of these Hillside Protection Regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these Hillside Protection Regulations as a whole, or any part thereof, other than the part so held to be invalid.
(e) Relation To Other Laws. The provision of these Regulations shall supplement any and all laws of the State, ordinances of the Municipality or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these Regulations. Whenever the requirements of any other lawfully adopted law, ordinance, regulation, resolution or rule, conflict with or similarly regulate the same subject matter as the Hillside Protection Regulations, the more restrictive or that imposing the higher standards shall govern. (Ord. 2019-39. Passed 8-13-19.)
1153.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these regulations to provide for the placement of solar energy systems to achieve the following objectives:
(a) To regulate the construction, modification, operation and abandonment of solar energy systems;
(b) To require solar energy systems to meet reasonable standards that will protect the public health, safety, and welfare while preserving the enjoyment of private property;
(c) To minimize the adverse impacts of solar energy systems on contiguous properties and on the aesthetic quality of the Municipality; and,
(d) To promote orderly land use, and development while allowing the safe, effective, and efficient use of solar energy systems.
(Ord. 2019-39. Passed 8-13-19.)
1153.02 DEFINITIONS.
(a) "Abandonment" means the discontinued use of the solar energy generation system in whole or part.
(b) "Solar array" means any collection of solar panels, connectors, battery banks, controllers, wiring, meters, and switching devices intended to work in combination to convert solar energy to electrical power.
(c) "Solar cell" means the basic photovoltaic device that generates electricity when exposed to light.
(d) "Solar energy system" means the photovoltaic cells and related accessories that are designed to convert solar energy into electrical energy; or a system consisting of solar thermal collectors, parabolic reflectors, or similar structures that are designed to harness solar energy for use as thermal energy for heating water or air and may include battery storage systems.
(e) "Solar panel" means any device used for collecting solar energy and converting it to electrical power.
(Ord. 2019-39. Passed 8-13-19.)
1153.03 APPLICABILITY.
(a) Solar energy systems shall be designed, erected, installed, operated, and maintained in accordance with the provisions set forth in this Chapter.
(b) A Building Permit and Electrical Permit shall be required prior to the erection, installation, connection, or operation of any solar energy system.
(c) Like-kind replacements, minor repairs or maintenance of lawfully existing solar energy systems not involving structural changes may be undertaken without first obtaining a permit. (Ord. 2019-39. Passed 8-13-19.)
1153.04 APPLICATION REQUIREMENTS.
In addition to the application requirements set forth in Section 1109.04, an application for a solar energy system shall include:
(a) The manufacturer's specifications.
(b) Complete architectural and engineering drawings, adequately scaled and dimensioned depicting the location, installation, mounting, anchorage details, appearance on the building and details for wiring and connections, and battery storage system details.
(c) Details for battery storage systems regarding:
(1) Location of equipment
(2) Ventilation
(3) Containment
(4) Supporting structures for batteries and equipment
(5) Electrical system, devices and wiring
(d) Evidence that the proposed system has been reviewed by the Chagrin Falls Bureau of Fire Prevention and its findings and recommendations are submitted with the application.
(e) Verification that the installer has the necessary professional training, North American Board of Certified Energy Practitioners (NABCEP) certification and licensure as may be required for the installation of solar energy systems.
(f) Certification by a licensed structural engineer that the roof of the building is designed to handle all structural loads including those imposed by the proposed solar panel system.
(g) Evidence that the local public electric utility company approves the applicant's intent to install an interconnected customer-owned system if the proposed system is to interconnect to a local utility grid.
(h) A description of the location and type of any required screening.
(i) A description of emergency and normal shutdown procedures and location of electrical disconnection switch.
(Ord. 2019-39. Passed 8-13-19.)
1153.05 GENERAL REQUIREMENTS.
(a) Solar energy systems shall be permitted as accessory to a main use or building located on the same lot or parcel. Such facilities shall be designed, installed, or constructed to provide electrical power to be primarily consumed by the main use or building to which they are accessory.
(b) The Architectural Board of Review shall review solar energy systems applications for compliance with the Building Code, general design standards, and design standards established in this Planning and Zoning Code.
(c) Solar panels shall be placed on the roof of a building in accordance with the following:
(1) Solar panels shall not be visible from any street or sidewalk at the front elevation of the property unless approved in accordance with procedures set forth in subsection (d) herein.
(2) Solar panels shall not extend beyond the edge of the roof.
(3) For pitched roofs (sloped in excess of three (3) inches per foot), solar panels shall be placed parallel to the plane of pitched roof and shall be ten (10) inches or less above the surface of the roof when measured to the top of the solar panel.
(4) For low slope (pitches less than three (3) inches per foot) and flat roofs, the Architectural Board of Review may approve solar panels of alternative heights and configurations as appropriate for such roof.
(d) The Architectural Board of Review may approve the placement of solar panels in roof locations that are visible from any street or sidewalk, when the applicant has demonstrated to the Architectural Board of Review that:
(1) The alternative location is necessary to optimize system functionality;
(2) The proposed panel(s) and their location(s) are designed to minimize any adverse impacts to the neighborhood; and/or,
(3) The size and location of any structure is the minimum necessary to serve the needs of the building(s) on the property.
(e) When locating a solar panel, it is the property owner's responsibility to consider current and future development, growth of trees and vegetation, and other obstructions that might interfere with solar access. Nothing in this section shall prohibit the owner of the solar energy system from requesting or obtaining a solar access easement from any person.
(f) Solar access easements shall be in compliance with Ohio R.C. 5301.63 which sets forth the requirements for solar access. In order to ensure adequate access of solar energy collection devices to sunlight, any person may grant a solar access easement. Such easements shall be in writing and subject to the same conveyance and recording requirements as other easements. Any instrument creating a solar easement shall be recorded in the Cuyahoga County Recorder's Office.
(g) Solar panels and related equipment shall be located, oriented or screened and constructed of such material to prevent to the fullest extent practicable glare from solar panels to not be directed at any other person, building or public right of way.
(h) Solar panels shall be uniform in appearance and color, and to the extent practicable, match the design and color of the roof on which the panels will be placed.
(i) Accessory components shall be located either within a building, or within a screened enclosure behind the main building, or are hidden from view behind the parapet wall of buildings with flat roofs.
(j) Solar energy systems shall be properly maintained at all times in compliance with all manufacturers' specifications.
(Ord. 2019-39. Passed 8-13-19.)
1153.06 ABANDONMENT.
Upon abandonment, the owner shall physically remove the solar energy system within sixty (60) days from the date of abandonment. "Physically remove" shall include, but not be limited to:
(a) Removal of the solar energy system and related above grade structures.
(b) Restoration of the location of the solar energy system to its prior condition.
(Ord. 2019-39. Passed 8-13-19.)