Chardon City Zoning Code

TITLE THREE

Zoning Districts and Use Regulations

1131.01 PURPOSE.

The Special District (S) is created to conserve open space because of terrain limitations, streams and storm drainage, woodlands, natural scenic assets, and adaptability for passive recreational purposes. The specific purpose is:

(a) To reduce the permitted lot coverage to prevent development of steeply sloping land and thereby avoid hillside areas that are costly to develop with all necessary community services;

(b) To conserve stream and drainage channels and prevent encroachment of urban uses which interfere with the natural flow of storm water;

(d) To accommodate limited development on public and semi public areas to retain and preserve the open space and natural characteristics of these lands.

(Ord. 3273. Passed 5-9-24.)

1131.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1131.03 denoted by the letter "P" is permitted by right as a principal use in the district.

(b) Uses Permitted by Right with Supplementary Regulations. A use listed in Schedule 1131.03 denoted by a "P*" is permitted by right as a principal use in the zoning district if the use complies with this Chapter and the requirements of Chapter 1145 (Conditional Use and P* Use Regulations). The characteristics of a "P*" use require standards which are unique to each use and not common to the uses permitted by right. If the use does not comply with the requirements of Chapter 1145, the use may be considered as a Conditional Use pursuant to Chapter 1115 (Conditional Use Procedures).

(c) Conditional Uses. A use listed in Schedule 1131.03 denoted by the letter "C" is permitted as a conditional use in the district. The Planning Commission shall determine compliance with the requirements of Chapter 1145, (Conditional Use and P* Use Regulations) before issuing a Conditional Use Certificate.

(d) Accessory Uses and Structures. Accessory uses and structures listed in Schedule 1131.03 denoted by the letter "A" and other uses or structures that are incidental and subordinate to a use listed in Schedule 1131.03 shall be permitted subject to the requirements of this Chapter. Accessory uses noted as AC are also subject to specific development regulations, as noted in Schedule 1131.03, and are subject to Chapter 1115 (Conditional Use Procedures).

(e) Permitted Uses in S Special Districts.

Schedule 1131.03 Permitted Uses
	S Special District	Use Specific Regulations
(1) Community Facilities/Institutions
A. Cemetery	C	1145.11(i)
B. Place of worship	P	-
C. Community center	P	-
D. Community outdoor active recreation use	P	-
E. Cultural Institution	P	-
F. Library	P	-
G. Public facility	P	-
H. Public park/playground	P	-
I. School (public/private), elementary/secondary	P	-
J. Utility substation/distribution facility	C	1145.11(pp)
(2) Other
A. Agriculture/Forestry	P	-
B. Commercial recreation facility, indoor	C	1145.11(k)
C. Commercial recreation facility, outdoor	C	1145.11(gg)
D. Outdoor display of merchandise in association with a permitted use	AC	1145.11(bb)
E. Outdoor storage of goods and materials	AC	1145.11(cc)
F. Outdoor storage of fleet vehicles & equipment	AC	1145.11(dd)
G. Telecommunication facility	(a)	Ch. 1143
(3) Accessory Uses		1131.07
A. Day care center (adult or child) accessory to a place of worship or school	A
B. Fences, walls	A
C. Off-street parking	A
D. Other accessory structures	A
E. Signs	A
Notes to Schedule 1131.03: (a) See Chapter 1143 for use location allowances. P is a use permitted by right; P* is a use permitted by right with supplementary regulations; C is conditional use; A is an accessory Use; Blank cell is a use not permitted in district. (Ord. 3273. Passed 5-9-24.)

1131.05 DEVELOPMENT STANDARDS.

(a) Buildings and land in the S Special District shall comply with the requirements of Schedule 1131.05:

Schedule 1131.05 Special District Lot Standards (c)
	S Special District
(1) Minimum Lot Area	2 acres
(2) Minimum Lot Width at building setback line (a)	200 feet
(3) Minimum Building Setback:
A. Front Setback (b)	60 feet
B. Side Setback	60 feet
C. Rear Setback	60 feet
(4) Minimum Parking Lot Setback from:
A. Right-of-way	60 feet
B. Side and rear project boundary lines abutting an R-1, R-2, R-3, R3CPE, or R-4 District	20 feet
C. Side and rear project boundary line abutting another district or property.	10 feet
(5) Maximum lot coverage by buildings	10%
(6) Maximum Height: principal structures (d)	35 feet
(7) Maximum Height: accessory structures (d)	20 feet
Note: (a) On curved streets, the lot width shall be the arc length of the building setback line. (b) The minimum building setback on non dedicated streets shall be 90 feet from the street centerline. (c) See Chapter 1145 for minimum lot standards for conditional and P* uses. (d) See Chapter 1147 for exceptions to height standards.

(b) Side Setbacks for Corner Lots. The following setback requirements apply to a corner lot. See Figure 1131.05 below.

(1) Street Side Setback. A new building or building addition on a corner lot shall comply with the following street side setback requirements:

A. The street side setback of abutting corner lots with coinciding rear lot lines shall be the greater of:

i. The corner side setback of existing buildings or structures on the abutting corner lot; or

ii. The minimum side setback set forth in Schedule 1131.05.

B. The interior side setback of an interior lot shall comply with the requirements for side setback of Schedule 1131.05.

(2) Interior Side Setback. The minimum side setback of the interior side lot line shall comply with the Schedule in 1131.05.

Figure 1131.05 - Corner Front and Side Setback Requirements.

(Ord. 3273. Passed 5-9-24.)

1131.07 ACCESSORY USE AND ACCESSORY STRUCTURE REGULATIONS.

Accessory uses and accessory structures permitted in the Special District shall conform to the regulations in this Section and other applicable Sections in the Planning and Zoning Code.

(a) Accessory Buildings. An accessory building with a gross floor area of 200 square feet or less shall comply with the applicable parking setbacks in Schedule 1131.05. An accessory building with a gross floor area of 200 square feet or more shall conform to all lot and setback regulations and to Chapter 1111 (Development Approval Process).

(b) Fences and Walls. A fence or wall may be erected in the Special District in compliance with the requirements set forth in Section 1147.03.

(d) Waste Receptacles. All solid waste products that result from any permitted principal, conditional, or accessory use shall be disposed of or stored in buildings or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard on a paved surface in compliance with the minimum parking setbacks established in Schedule 1131.05 as well as the screening requirements set forth in Chapter 1153, Landscaping, Buffers and Lighting Regulations.

(e) Stormwater Detention/Retention Facilities. Detention/retention facilities that are visible from a public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: deciduous and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing. These facilities shall also comply with the performance standards in Section 1147.23.

(Ord. 3273. Passed 5-9-24.)

1131.09 PARKING REQUIREMENTS.

The location of, and improvements for, off street parking facilities shall be in accordance with Section 1131.05 and Chapter 1151 (Off-Street Parking and Loading Regulation).

(Ord. 3273. Passed 5-9-24.)

1131.11 LANDSCAPE AND SCREENING REQUIREMENTS.

Visual screening and landscape buffers shall be provided in accordance with the provisions set forth in Chapter 1153 (Landscaping, Buffers and Lighting Regulations).

(Ord. 3273. Passed 5-9-24.)

1133.01 PURPOSE.

Single-family and Multi-family Residence Districts and their associated regulations are established to promote the following objectives:

(a) To regulate the size and location of dwellings, accessory buildings and other structures in order to preserve privacy and allow for useable open space on each lot appropriate for the residential zoning district;

(b) To regulate the density and distribution of population consistent with the City of Chardon Comprehensive Plan and thereby avoid the overburdening of existing and proposed municipal facilities and public services;

(c) To reflect the existing substantially developed patterns in Chardon and minimize non-conforming conditions and thereby facilitate investment that is within the public interest with the unreasonable necessity of requiring variances;

(d) To foster a variety of residential living units with respect to lot sizes and the types and density of dwelling units while protecting the character of the City;

(e) To facilitate the development of both attached single family dwellings and multi family dwellings in appropriate locations that result in stable and sustainable higher density neighborhoods through the adoption of appropriate development regulations;

(f) To provide development standards for high density apartment development in appropriate locations where sufficient levels of municipal services and public utilities are available.

(g) To establish the proper placement of each type of permitted dwelling and its distance from multi family, commercial and industrial uses and thereby increase the general convenience, safety and amenities within the community and protect residents from nuisances;

(h) To permit adequate access for fire and other emergency vehicles and equipment by imposing minimum space requirements between buildings;

(i) To protect residential neighborhoods and promote the stability thereof;

(j) To promote the beneficial use of the land consistent with the objectives, recommendations and goals of the Comprehensive Plan;

(k) To prohibit business, commercial, industrial and other non residential uses of the land that are not conducive to the uses in these Districts;

(l) To discourage land use which requires municipal utilities and public services protection which significantly exceed the requirements for residential use.

(Ord. 3273. Passed 5-9-24.)

1133.03 USE REGULATIONS.

(a) Uses Permitted By Right. Uses listed in Schedule 1133.03 denoted by the letter "P" shall be permitted by right in the zoning district and are the principal uses in the district.

(b) Uses Permitted by Right with Supplementary Regulations. A use listed in Schedule 1133.03 denoted by a "P*" is permitted by right as a principal use in the zoning district if the use complies with this Chapter and the requirements of Chapter 1145 (Conditional and Supplementary Use Regulations). The characteristics of a "P*" use require standards which are unique to each use and not common to the uses permitted by right in the zoning district. If the use does not comply with the requirements of Chapter 1145, the use may be considered as a Conditional Use pursuant to Chapter 1115 (Conditional Uses) and a Conditional Use Certificate is required.

(c) Conditional Uses. A use listed in Schedule 1133.03 denoted by the letter "C" shall be permitted as a conditional use in the zoning district when the Planning Commission makes the determination that the requirements of Chapter 1145, (Conditional Use and P* Use Regulations) have been satisfied according to the procedures set forth in Chapter 1115 (Conditional Use Certificates).

(d) Accessory Uses. Accessory uses and structures listed in Schedule 1133.03 denoted by the letter "A" shall be permitted subject to requirements of this Chapter.

(e) Schedule 1133.03 Permitted Uses.

Schedule 1133.03 Permitted Uses
	R-1 Single- Family Residence	R-2 Low Density Residence	R-3 Medium Density Residence	R-3CPE Chardon Park Estates	R-4 Multi- Family Residence	Use Specific Regulations
(1) Residential
A. Single-family dwelling, detached(a)	P	P	P	P	P*(b)
B. Single-family cluster infill development		C	C		P*	1145.11(mm)
C. Single-family dwelling, attached			C			1145.11(ll)
D. Two-family dwelling		C	P			1145.11(oo)
E. Multi-family development					P
F. Group home, small	P*	P*	P*	P*	P*	1145.11(t)
G. Group home, large					C	1145.11(s)
H. Bed & Breakfast Establishment		C				1145.11(e)
(2) Community Facilities/Institutions
A. Place of worship	P*	P*	P*	P*	P*	1145.11(i)
B. Community center	P*	P*	P*	P*	P*	1145.11(j)
C. Congregate care facility/nursing home		C	C	C	C	1145.11(l)
D. Day care center, adult or child			C	C	C	1145.11(m)
E. Library	P*	P*	P*	P*	P*	1145.11(j)
F. Public facility	P	P	P	P	P
G. Public park/playground	P	P	P	P	P
H. School (public/private), elementary/secondary	P*	P*	P*	P*	P*	1145.11(ii)
I. Utility substation/distribution facility	C	C	C	C	C	1145.11(pp)

Schedule 1133.03 Permitted Uses
	R-1 Single- Family Residence	R-2 Low Density Residence	R-3 Medium Density Residence	R-3CPE Chardon Park Estates	R-4 Multi- Family Residence	Use Specific Regulations
(3) Other
A. Agriculture/Forestry	P*					1145.11(a)
B. Funeral Home(d)		P*				1145.11(q)
C. Telecommunication facility	(c)	(c)	(c)	(c)	(c)	Ch. 1143
(4) Accessory Uses						1133.11
A. Community Recreation Facility	A	A	A		A
B. Day Care Center (adult or child) accessory to a place of worship or school	A	A	A	A	A	1145.11(m)
C. Detached accessory building, including garage	A	A	A	A	A
D. Family day care home (Type B)	A	A	A	A	A	1147.01
E. Fence, wall	A	A	A	A	A	1147.03
F. Home-based business/occupation	A	A	A	A	A	1147.05
G. Other accessory structure	A	A	A	A	A
H. Private swimming pool	A	A	A	A	A
I. Sign	A	A	A	A	A	1149
J. Swim/tennis club	A	A	A	A
Notes to Schedule 1133.03: (a) Includes permanently sited single family manufactured homes in compliance with 1133.13. (b) Permitted only as a part of an attached single-family or multi-family development as regulated in 1133.07. (c) See Chapter 1143 for use location allowances. (d) Only a funeral home that was established on its current site prior to the initial effective date of the Code shall be permitted. P = Use permitted by right; P* = Use permitted by right with supplementary regulations; C = Conditional use; A = Accessory use; Blank cell = Use not permitted in district

(Ord. 3273. Passed 5-9-24.)

1133.05 R-1, R-2, R-3, and R-3CPE DISTRICT DEVELOPMENT STANDARDS.

(a) Single-family and two-family dwellings and associated structures in the R-1, R-2, R-3 and R-3CPE Districts shall be located on a lot in compliance with the development standards set forth in Schedule 1133.05(a).

Schedule 1133.05(a) R-1, R-2, R-3, R-3CPE Residential Lot Standards
	R-1 Single- Family Residence	R-2 Low Density Residence	R-3 Medium Density Residence	R-3CPE Chardon Estates
(1) Minimum lot area
A. Single-family dwelling	25,000 sq. ft.	15,000 sq. ft.	12,800 sq. ft.	11,000 sq. ft.
B. Two-family dwelling	NP	See 1145.11(oo)	18,000 sq. ft.	NP
(2) Minimum lot width at building setback line (a)	110 feet	90 feet	80 feet	70 feet
(3) Minimum lot frontage for cul-de-sac lots	50 feet	50 feet	40 feet	40 feet
(4) Maximum lot coverage	25%	30%	30%	30%
(5) Front building setback (from right-of-way)	50 feet	50 feet	40 feet	40 feet
(6) Front building setback on non-dedicated street (from the centerline).	80 feet	80 feet	70 feet	70 feet
(7) Side setback
A. Minimum setback for one side	12 feet	12 feet	10 feet	8 feet
B. Combined minimum setback for both sides	30 feet	25 feet	23 feet	20 feet
(8) Rear setback	40 feet	40 feet	35 feet	30 feet
(9) Maximum height of principal building (b)	35 feet	35 feet	35 feet	35 feet
(10) Maximum height of accessory structures	20 feet	20 feet	20 feet	20 feet
(a) On curved streets, the lot width shall be the arc length of the building setback line. (b) See Section 1147.13 for exceptions to height standards. NP - Not Permitted

(b) See Chapter 1145 for development standards that apply to non-single-family principal uses and associated structures in the R-1, R-2, R-3 and R-3CPE Districts.

(1) The corner side setback of abutting corner lots with coinciding rear lot lines shall be the greater of:

A. The corner side setback of existing buildings or structures on the abutting corner lot; or

B. The minimum side setback set forth in Schedule 1133.05.

(2) The corner side setback when the rear lot line coincides with the side lot line of an interior lot shall comply with the requirements for a front setback of Schedule 1133.05.

Figure 1133.05 - Corner Front and Side Setback Requirements

(Ord. 3273. Passed 5-9-24.)

1133.07 REGULATIONS FOR R-4 MULTI-FAMILY DISTRICT.

The regulations set forth in Schedule 1133.07 govern the development of multi-family development, including single-family attached dwelling projects, permitted in the R-4 Multi-family District.

(a) Minimum Development Area. The minimum area of a tract of land proposed for a multi-family project shall not be less than that set forth in Schedule 1133.07. The entire tract of land to be developed shall be considered one zoning lot.

(b) Setback from Project Boundary. Buildings and parking areas shall be located not less than the distance set forth in Schedule 1133.07. The project boundary shall include all lot lines that divide the tract of land developed for multi-family units and attached single-family units from adjacent lots not included in the development and shall be the boundaries of the minimum area set forth in Schedule 1133.07.

(c) Allowance of Single-Family Detached Units. A maximum of 30% of the dwelling units in a multi-family development project may be detached single-family units.

(d) Schedule 1133.07 R-4 Multi-Family District Development Standards.

Schedule 1133.07 R-4 Multi-Family District Development Standards
	R-4 Multi-Family District
(1) Minimum Development Area	5 acres
(2) Maximum Density (dwelling units per acre)
A. Attached Single-Family Development	8 du/ac
B. Multi-family Development	12 du/ac
(3) Minimum Lot Width at building setback line	200 feet
(4) Maximum lot coverage by buildings	30%
(6) Minimum Building Setback from:
A. Public Right-of-Way	50 feet
B. Project boundary line abutting an R-1, R-2, R-3 or R-3CPE District	50 feet
C. Project boundary line abutting all other zoning districts	30 feet
(7) Minimum Parking Setback from:
A. Public Right-of-Way	50 feet
B. Project boundary line abutting an R-1, R-2, R-3 or R-3CPE District	20 feet
C. Project boundary line abutting all other zoning districts	15 feet
(8) Minimum Building Separation	25 feet
(9) Maximum principal building height	35 feet
(10) Maximum accessory structure height	20 feet

(Ord. 3273. Passed 5-9-24.)

1133.09 FLOOR AREA REQUIREMENTS FOR DWELLING UNITS.

The minimum floor area per dwelling unit shall comply with the following standards.

Schedule 1133.09 Minimum Floor Area Requirements for Dwelling Units
	R-1 Single- Family Residence	R-2 Low Density Residence	R-3 Medium Density Residence	R-3CPE Chardon Park Estates	R-4 Multi- Family Residence
(a) Single-Family Dwelling Units
(1) One-story	1,500 sq. ft.	1,200 sq. ft.	1,200 sq. ft.	1,200 sq. ft.	1,100 sq. ft.
(2) More than one-story	1,800 sq. ft.	1,650 sq. ft.	1,500 sq. ft.	1,500 sq. ft.	1,300 sq. ft.
(b) Two-Family and Single-Family Attached Dwelling Units	NP			NP
(1) One-story		1,000 sq. ft.	1,000 sq. ft.		1,000 sq. ft.
(2) More than one-story		1,350 sq. ft.	1,250 sq. ft.		1,250 sq. ft.
(c) Multi-family Dwelling Units	NP	NP	NP	NP
(1) Efficiency					400 sq. ft.
(2) One Bedroom					540 sq. ft.
(3) Two Bedroom					700 sq. ft.
(4) Three or more Bedrooms					900 sq. ft.
NP Unit type is not permitted in the district.

(Ord. 3273. Passed 5-9-24.)

1133.11 ACCESSORY USES AND STRUCTURES.

(a) An accessory use shall not be established nor an accessory building or structure constructed in a residential district without an existing or proposed principal building, structure or use.

(b) Accessory buildings and structures in an R 1, R 2, R-3 and R 3CPE District shall comply with the requirements in Schedule 1133.11.

Schedule 1133.11 Permitted Accessory Structures in Front, Side and Rear Yards in R-1, R-2, R-3 and R-3CPE Districts
Use	Yard Permitted	Minimum Setback from Lot Line
Use	Yard Permitted	Front	Side	Rear
(1) Attached accessory buildings and structures	None	(a)	(a)	(a)
(2) Detached accessory buildings, such as garages, carports and storage sheds.	Rear	NP	3 ft.	6 ft.
(3) Driveways	Front, corner side, side, rear	NA	0 ft.	0 ft.
(4) Decks, patios, attached	None	(b)	(b)	(b)
(5) Decks, patios, detached	Rear	NP	(a)	10 ft.
(6) Fences, walls (c)	Front, corner side, side, rear	0 ft.	0 ft.	0 ft.
(7) Outdoor storage of licensed recreation vehicles/equipment	Rear	See also Section 1133.11(e)(4)
(8) Outdoor swimming pool, tennis court, other active recreation area	Rear	NP	10 ft. and requirements in Section 1133.11(d)
(9) Off-street parking lot for more than 4 vehicles.	Side, rear	NP	10 ft.	10 ft.
Notes to Schedule 1133.11 (a) Shall comply with the setback requirements for buildings set forth in Schedule 1133.05. (b) As further regulated by Section 1133.15. (c) As further regulated by Section 1147.03 (Fences, Walls, and Planting Screens). NA Not Applicable. NP Not Permitted

(c) Minimum Setbacks for Accessory Buildings and Uses in R-4 Districts. An accessory building including a garage, carport or recreation facility, and an active recreation area such as a swimming pool or tennis court which is intended for use by the residents of the R-4 development, shall comply with the minimum setbacks:

(1) No accessory use, structure, or building, including a detached garage shall be located in the front yard.

(2) The minimum setback from a public right-of-way shall be equal to the distance of the setback from the principal building.

(3) The minimum setback from a side or rear lot line abutting a nonresidential district shall be fifteen (15) feet.

(4) The minimum setback from a side or rear lot line abutting an RC, R-1, R-2, R-3, or R-4 District shall be twenty (20) feet.

(d) Additional Regulations for Parking Areas. Accessory off street parking spaces shall be located on the same lot as the dwelling served and comply with the requirements of Chapter 1151.

(e) Private Swimming Pools. An outdoor private swimming pool shall be allowed only as an accessory to a permitted use in an R District and shall comply with the following requirements. A portable swimming pool and an indoor private swimming pool shall not be subject to the requirements of this section.

(1) The pool is intended and is to be used solely for the enjoyment of the owners, occupants, tenants and guests of the principal use of the property on which it is located.

(2) The pool and any appurtenant structures or equipment adjacent thereto or improvement intended to be used in connection therewith shall not be located closer than ten (10) feet to any property line of the lot on which it is located.

(3) The swimming pool, or the property on which it is located, shall be enclosed with a wall or fence to prevent access from the street or adjacent lots. The fence or wall shall be at least four (4) feet high with a gate and lock and maintained in good condition.

(4) The swimming pool shall comply with the requirements for accessory structures in Section 1133.11(b) or Section 1133.11(c) based on the district in which the lot is located.

(f) Fences and Walls. Fences and walls may be erected as permitted accessory uses in the all Residential Districts in compliance with the regulations set forth in Section 1147.03.

(g) Additional Regulations for Vehicles.

(1) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, body or other parts in a yard is prohibited.

(2) Overnight parking and outdoor storage of commercial motor vehicles over one (1) ton rate capacity is prohibited.

(3) Parking or storing of vehicles on a lawn is prohibited.

(4) Parking a recreational vehicle/equipment (RV) on a driveway or yard shall be permitted for not more than two (2) weeks and subject to the following conditions:

A. Living quarters shall not be used nor business conducted while such RV is stored or parked. No permanent connection shall be made to any utilities.

B. Recreational vehicles, camper trailers, small utility trailers and boats and boat trailers may be parked or stored outside an enclosed garage, other accessory building or on a driveway provided that no such vehicle shall overhang in the public right of way, or parked in the required front setback or on that part of the driveway located within the required front setback. A driveway or parking space shall not be constructed within the required front setback for the purpose of parking or storing of such vehicles.

C. The recreational vehicle/equipment is intended and used for the sole benefit and enjoyment of the resident occupants or guests of the property on which it is stored or parked.

D. If the recreational equipment is parked or stored outside, it shall be parked on an impervious surface, such as asphalt or concrete.

E. All recreational equipment shall be kept in good repair and currently registered with the Ohio Bureau of Motor Vehicles.

(h) Waste Receptacles. Solid waste products from the owners or occupants of multi-family dwelling units and nonresidential uses shall either be stored for disposal in buildings, or in completely enclosed exterior containers. The building, container, or dumpster shall be located in a side or rear yard on a paved surface and comply with the minimum parking setback in Schedule 1133.07 and screening requirements in Chapter 1153 (Landscaping, Buffers and Lighting Regulations).

(i) Outdoor Storage. Outdoor storage is prohibited in the R-4 District and on lots occupied by a nonresidential use in all Residential Districts.

(Ord. 3273. Passed 5-9-24.)

1133.13 PERFORMANCE STANDARDS.

All multi-family developments and nonresidential uses in a residential district shall comply with the Performance Standards in Chapter 1147 (General Use Regulations).

(Ord. 3273. Passed 5-9-24.)

1133.15 PROJECTIONS INTO REQUIRED SETBACKS.

(a) The space in any required setback shall remain open and unobstructed. An ordinary projection from a building such as a bay window, sill, belt course, cornice, eave, and similar architectural feature, shall project no more than two (2) feet into the setback.

(b) A structure such as a porch, balcony, platform, carport, patio, or other similar architectural structure shall be considered a part of the principal building to which it is attached and shall not project into the minimum required front, side, or rear setback.

(Ord. 3273. Passed 5-9-24.)

1137.01 GENERAL.

(a) Purpose. The purpose of the Planned Residential Development Overlay District (PRD) and associated regulations is to encourage and accommodate unique, well-designed, unified residential developments that utilize flexible site planning concepts that are consistent with the City's development and planning policies and which would not otherwise be achievable in a standard residential district pursuant to this Zoning Code.

(b) Objectives. The intent of a PRD is to achieve the following objectives, which may not be achievable if the standard development requirements are followed:

(1) To provide opportunities for more flexible and compact development that preserves significant open space for passive recreation and scenic purposes; offers passive open space and recreational opportunities for the residents within the project; encourages preservation of environmentally sensitive sites, including wetland and unique habitats; and discourages development that is incompatible with adjacent sites and uses.

(2) To foster a variety housing types and styles and opportunities for housing which is affordable to the City's residents.

(3) To minimize travel distances and energy consumption by encouraging alternatives to motor vehicle travel (i.e. bicycle and pedestrian paths) and integrating existing neighborhoods and community facilities with newly developing areas; and

(4) To encourage development that minimizes roadway lengths to reduce maintenance and snow plowing; clusters uses to minimize the length of water, sewer and other utility lines; and minimizes impervious surfaces and maximize natural stormwater detention and percolation.

(Ord. 3273. Passed 5-9-24.)

1137.03 DESIGNATION OF PRD OVERLAY DISTRICT.

An overlay district is a mapped zone that establishes a development option with a set of design requirements that are in addition to those of the conventional "base" zoning district, so that any parcel of land lying in a PRD Overlay District shall also lie in one or more conventional district. The PRD Overlay District gives property owners the ability of developing according to the PRD regulations in a manner that is compatible with the underlying and/or surrounding conventional districts.

(Ord. 3273. Passed 5-9-24.)

1137.05 SCOPE OF REGULATION.

The provisions in this Chapter 1137 set forth the list of permitted uses and flexible site planning requirements that govern the design and layout of a Planned Residential Development and the terms and conditions governing the development review and approval process.

(a) Relationship to Base District.

(1) In the PRD Overlay District, the use and dimensional specifications of the base (conventional) zoning district are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.

(2) The base zoning district shall be used as a guide for development, with any adjustment relative to use, density and building layout reviewed and approved through the PRD review process set forth in Section 1137.19.

(3) In the event a proposed PRD is located in more than one base zone, the use limitations of the most intense base zone shall be used as the guide for the entire project.

(b) The standards contained in this Chapter prevail whenever there is a conflict or difference between the provisions of this Chapter and those of other Chapters in this Planning and Zoning Code.

(c) If a provision found elsewhere in this Planning and Zoning Code has not been explicitly modified by this Chapter, the standard shall govern unless such standard is waived by the Planning Commission and/or Council, as applicable pursuant to Section 1137.21.

(Ord. 3273. Passed 5-9-24.)

1137.07 MINIMUM DISTRICT AREA.

(a) A site of ten (10) contiguous acres or more with a minimum of 200 feet of frontage shall be required for application of the PRD Overlay District, unless specifically permitted otherwise.

(b) The Planning Commission and City Council may approve a rezoning to the PRD Overlay District for an area less than ten (10) acres when it finds that:

(1) Ownership of adjacent land cannot be readily consolidated to reach the ten (10) acre minimum, or restrictions on the abutting property reasonably prevent the developer from acquiring the additional land necessary to satisfy the minimum area required; and/or,

(2) The smaller land area has unique features that cannot be preserved if the parcel is developed applying the standard requirements for a major residential development; and

(3) The proposed project will not have any adverse impacts on adjacent areas.

(Ord. 3273. Passed 5-9-24.)

1137.09 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1137.09 denoted by the letter "P" is permitted by right as a principal use in the district.

(b) Additional Uses. Additional uses may be authorized as part of a PRD, provided that the Planning Commission and City Council find that:

(1) The additional uses are necessary or desirable and are appropriate with respect to the purpose and character of the PUD.

(2) The additional uses will not create a detrimental influence on the neighborhoods surrounding the PRD, or upon the internal character of any part of or all of the PRD itself.

(c) Accessory Uses and Structures. A use listed in Schedule 1137.09 denoted by the letter "A" is a permitted accessory use or structure subject to requirements of this Chapter.

Schedule 1137.09 Permitted Uses
	PRD District
(1) Single Family Dwelling - Detached	P
(2) Single Family Dwelling - Attached	P
(3) Family day care home, Type B (1-6 children) (a)	P
(4) Group Home, small(b)	P*
(5) Accessory Uses
A. Fences, walls	A
B. Private garages
C. Other accessory structures	A
D. Home-based business/occupation (c)	A
E. Community recreation facilities for the use of residents of the PRD development	A
F. Signs (d)	A
(a) See Section 1147.01 (b) See Section 1145.11(t) (c) See Section 1147.05 (d) See Chapter 1149

(Ord. 3273. Passed 5-9-24.)

1137.11 MAXIMUM DENSITY.

(a) The maximum gross density in a PRD project shall be as set forth in Schedule 1137.11 as determined by the base zoning, except as otherwise permitted in 1137.11(b) and 1137.11(c).

Schedule 1137.11 PRD Density
Base Zoning District	Maximum Density
R-1	1.5 dwelling units per acre
R-2	2.5 dwelling units per acre
R-3	2.9 dwelling units per acre
All other Base Districts	See 1137.11(b)

(b) Notwithstanding Section 1137.11(a), the Planning Commission and City Council may approve a preliminary development plan with a greater density at the time a rezoning application is being considered in compliance with the following.

(1) The Planning Commission and City Council shall find that:

A. The density of the underlying zoning is not reasonable or appropriate for the land being considered for a PRD based on, but not limited to, such factors as: location, adjacent uses, current community objectives, natural constraints; or

B. The land, at the time of rezoning is not in an R-1, R-2, or R-3 District; and.

C. The density will have no material adverse impact on the adjacent properties compared to other reasonable uses that might be contemplated for the property.

(2) In such case the Planning Commission and City Council shall establish the maximum permitted gross density in the ordinance adopting the PRD Overlay District.

(c) Notwithstanding Section 1137.11(a), the Planning Commission and City Council may establish a lower maximum density for a proposed development when it finds that the PRD, at the density permitted in Section 1137.11(a), will adversely impact the character of the immediate residential area when considering any one or more of the following, when applicable to the proposed PRD:

(1) The unusual size and shape of the PUD parcel.

(2) The topography and other natural limitations of the PUD such as streams, ravines, etc.

(3) The reduced buildable area within the PUD because of characteristics in (1) and (2) above.

(4) The proximity of adjacent buildings and/or structures.

(5) The actual lot sizes of the immediate residential area.

(Ord. 3273. Passed 5-9-24.)

1137.13 RESTRICTED OPEN SPACE REQUIREMENTS.

(a) Minimum Area. At least twenty five percent (25%) of the total land area in the Planned Residential Development (PRD) shall be reserved for restricted open space.

(b) Use of Restricted Open Space. Areas designated for restricted open space purposes shall be provided according to the following:

(1) Irreplaceable natural features shall be included in the restricted open space and conserved to the maximum extent feasible. Examples of irreplaceable natural features include, but are not limited to, streams, significant stands of trees, significant habitat, unique flora, wetlands, rock outcroppings and ravines.

(2) A minimum area of 260 sq. ft. for every dwelling unit shall be devoted to active recreation. Useable recreation opportunities shall include active recreational activities such as playgrounds with play apparatus, court games areas, walking/jogging tails and the like provided for the residents of the Planned Residential Development.

(3) Stormwater management facilities may be located partially or entirely within restricted open space areas. Where such facilities are so located, easements satisfactory to the Planning and Zoning Commission shall be established to require and enable maintenance of such facilities by the appropriate parties.

(c) Calculating Restricted Open Space. In order to encourage the creation of large areas of contiguous open space, areas that shall not be included in calculating restricted open space include:

(1) Public or private streets;

(2) Parking areas, access drives, common drives and driveways, except as permitted by the Planning Commission to provide access to the open space;

(3) Required setbacks from lot boundaries and streets for buildings and parking areas;

(4) Required spacing between buildings and between buildings and parking areas; and,

(5) The private yards within a sublot.

(d) Design Criteria for Restricted Open Space.

(1) The suitability of open space for scenic value and purposes shall be determined by its visibility from dwelling units and the length of the streets, sidewalks, or walking trails from which it is visible.

(2) The usability of open space intended for recreation or scenic use shall be determined by the size, shape, topography, and location requirements of the particular recreational activity. Useable open space/recreation shall be accessible to pedestrians, handicapped and elderly.

(3) Open space areas within the PRD shall be interconnected.

(4) An open space area may vary in width but should not be less than 50 feet wide at any point.

(5) Any area within the designated open space that is disturbed during or after construction and is not preserved or restored to its natural state, shall be landscaped with vegetation that is compatible with the remaining floral and trees in the restricted open space. A disturbed area within the open space shall be landscaped before thirty-five percent (35%) of the dwelling units approved are constructed in the phase in which the restricted open space area is located.

(e) Ownership of Open Space. Open space may be owned by a Homeowners Association, a land trust, or other conservation organization approved by the City. A Homeowners Association which takes title to open space shall comply with Section 1147.19 (Requirements for Homeowners Associations). Further division or development of open space shall be prohibited unless a Final Development Plan (FDP) is amended.

(Ord. 3273. Passed 5-9-24.)

1137.15 DEVELOPMENT AND SITE PLANNING STANDARDS.

The developer shall comply with the following development standards in the design and layout of any PRD.

(a) Building Requirements. Single family attached dwellings shall not have more than six units attached in a single building

(b) Minimum Setbacks. All buildings, structures and parking areas shall comply with the minimum setbacks in Schedule 1137.15.

(c) Minimum Spacing Between Buildings. To promote privacy and separation, individual buildings including terraces, decks and patios, shall be separated by the minimum distance in Schedule 1137.15. The Council may approve a waiver reducing the distance of building separation when adequate landscaping and screening are provided to create privacy between dwelling units. The following definitions shall apply to terms used in this Section.

(1) Front Wall. The outside wall of a building that contains the primary entrance to the dwelling unit and the principal windows of the living, family, or dining room

(2) Rear Wall. The outside wall of a building that contains the principal windows of any living, family or dining room but not the primary entrance to the dwelling unit.

(3) Side Wall. An outside wall that does not contain the primary entrance or principal windows to a living, family or dining room; the wall may contain other windows or have no openings.

Schedule 1137.15 Minimum Setback and Spacing Requirements
	PRD
A. Minimum lot frontage for cul-de-sac lots	40 ft.
B. Setback from public right-of-way of an Existing Public Street	50 ft.
C. Setback from PRD boundary, other than a public street	50 ft.
D. Setback from interior street:
i Public right-of-way	40 ft.
ii Private street - pavement or sidewalk line	40 ft.
E. Spacing between buildings:
i Between 2 front walls	60 ft.
ii Between 2 side walls	15 ft.
iii Between a side wall and a front or rear wall	25 ft.
iv Between 2 rear walls	40 ft.

(d) Lot Requirements.

(1) Ownership of land for single family detached dwellings and under each detached cluster single family or attached dwelling unit is permitted.

(2) No minimum lot size is required but the lot size and shape shall be sufficient to accommodate a dwelling unit in compliance with the spacing requirements of this Section.

(3) Land not owned by the dwelling unit owner shall be designated as common area and owned and controlled by the owner's association.

(4) All fee simple lots, common areas, building site boundaries and building footprints that indicate where the dwelling unit and accessory structures such as decks and patios will be located, shall be shown on the development plan. The setbacks for each building location shall be shown to establish compliance with the spacing requirements of this Section.

(e) Dwelling Unit Requirements. Each dwelling unit shall comply with the minimum floor area for dwelling units in Section 1133.09 (Floor Area Requirements for Dwelling Units).

(f) Accessory Uses. The parameters for accessory buildings, structures and uses - such as, but not limited to garages, sheds, patios, decks, fences, pools, etc. - whether in common open space or on individual lots, shall be set forth in the PDP submitted at the time of rezoning. If the PDP or FDP fails to address these matters, then on fee simple lots the requirements of Section 1133.11 (Accessory Uses and Structures) shall apply.

(g) Parking Requirements.

(1) Parking spaces for each dwelling unit shall be provided in compliance with Schedule 1151.09.

(2) Visitor parking for single-family attached dwelling clusters shall be provided in compliance with Schedule 1151.09, placed in suitable locations not less than 300 feet from the dwelling units the visitor parking is intended to serve and shall be accessible at all times.

(3) Additional parking shall be provided at all community facilities including cluster mailbox units, and community recreation facilities.

(Ord. 3273. Passed 5-9-24.)

1137.17 DESIGN CRITERIA.

(a) The Planned Residential Development shall be planned, designed and constructed in accordance with this Chapter, the Planning and Zoning Code, Streets, Utilities and Public Service Code; all Municipal ordinances, standards and specifications; accepted professional land planning, landscape, architectural, and engineering principles, practices and standards; the objectives of the Comprehensive Plan; and other applicable Municipal regulations, except as otherwise approved by the Planning Commission and City Council as authorized in Section 1137.21.

(b) The PRD shall include features and amenities not available in a major residential development with standard development requirements.

(c) Unique lot layout and individual building design are encouraged to use the natural features of the land to the best advantage.

(d) Individual lots, buildings, dwelling units, and parking areas shall be arranged and situated to avoid the adverse effects of shadows, noise, and traffic upon the residents of the property.

(e) Individual lots, buildings, dwelling units and parking areas shall be arranged and situated to promote favorable views from buildings and reduce the visibility of areas of motor vehicle access, ingress and egress.

(Ord. 3273. Passed 5-9-24.)

1137.19 PROJECT SUBMITTAL PROCEDURES, EFFECT OF APPROVAL.

(a) Establishment of a Planned Residential Development Overlay District requires a change of zoning classification of the property pursuant to Chapter 1119 (Amendments). The boundaries of the Planned Residential Development Overlay District shall be shown on the Official Zoning District Map with the symbol "PRD" followed by the PRD ordinance number (i.e. PRD 2550).

(b) Concurrently with the application for rezoning, a Preliminary Development Plan (PDP) and supporting documentation shall be submitted, reviewed, revised if necessary, and approved concurrently with the rezoning). The PDP shall be submitted consistent with the requirements of Chapter 1113 and reviewed by the Planning Commission and City Council as prescribed in Section 1111.07.

(c) Following approval of the rezoning to PRD, the applicant shall proceed in accordance with Section 1111.09 to complete the development plan review process.

(d) Conditions of Approval. The Planning Commission and Council may impose terms and conditions of approval and grant waiver(s) from Municipal requirements which shall be included in the ordinance adopting the rezoning of the land to the PRD, as may be determined necessary to maintain harmony with neighboring uses and to promote the objectives and purposes of the comprehensive plan and the intent of these zoning regulations.

(e) Expiration of Approval. In the event the PRD's preliminary development plan expires, the PRD zoning designation shall remain in place but no development shall be authorized unless the property owner, or authorized agent, submits a new PRD preliminary development plan for review pursuant to this Subsection 1137.19(b), or submits an application for a zoning map amendment to another zoning district. After the expiration of the preliminary development plan, the City may also seek to rezone the property to another zoning district in accordance with Chapter 1119 Amendments. (Ord. 3273. Passed 5-9-24.)

1137.21 WAIVER.

(a) Council may approve a waiver to a Municipal ordinance when the applicant proposes an alternative that achieves the objectives of the PRD; and the waiver result is equivalent to or greater than compliance with the minimum regulation or standard.

(b) The terms and conditions of approval of the PRD shall be stated in the ordinance approving the PRD Overlay District rezoning. The ordinance shall supplement Municipal ordinances, standards and specifications during the development of the PRD.

(c) After adoption of the ordinance approving the PRD rezoning by Council, the Planning Commission may grant minor waivers with terms and conditions of approval that meet all of the following criteria for minor waivers:

(1) The application is for an area waiver relating to an individual residential building site (including principal or accessory structures) except that a waiver of the overall lot area, lot width or maximum height of buildings approved in the PRD concept development plan ordinance shall not be approved.

(2) The application for waiver does not require a change in the permitted uses, an increase in the number of dwelling units, or increase in the approved size of nonresidential buildings approved by ordinance.

(3) Application for waiver, if granted, will not be contrary to other provisions of the PRD ordinance.

(4) If the application for a minor waiver does not meet the criteria set forth herein, the application shall be considered by Council. The applicant may appeal the Planning Commission's decision regarding waiver to Council, in accordance with the requirements of Chapter 1119, Appeals and variances.

(Ord. 3273. Passed 5-9-24.)

1137.23 PHASED DEVELOPMENT.

Each phase of the PRD to be developed in phases shall provide adequate access, parking, storm water management, and other public improvements to serve the PRD development phase in compliance with the criteria in this Chapter. Each phase shall include temporary or permanent transitional features, buffers, or protective areas while a phase is under construction in order to reduce the adverse impact of construction on completed phases, future phases and adjoining property. Open space areas shall be provided in each phase of the project generally in proportion to the open space required for the total development. Construction of recreation facilities shall be clearly identified on the plan for each phase.

(Ord. 3273. Passed 5-9-24.)

1139.01 PURPOSE.

Creation of Commercial and Industrial Districts (C 2, C 3, C-4 and I) and the regulation thereof are adopted in order to achieve, among others, the following purposes:

(a) To promote desirable land use and safe and efficient traffic patterns in accordance with the objectives of the City of Chardon Comprehensive Plan;

(b) To provide sufficient areas, in appropriate and convenient locations, for business activities and the exchange of goods and services, as well as locations for industrial, primarily manufacturing, assembly, and fabrication, research and distribution activities, thereby promoting employment and strengthening the economy of the community;

(c) To protect residential neighborhoods adjacent to business and industrial uses by regulating commercial and industrial activities and reducing or eliminating congestion, noise or other objectionable effects and byproducts of commercial and industrial activities with requirements that apply at the common boundaries;

(d) To facilitate the development of office and industrial parks by including reduced standards for lots that are part of a coordinated development and which have access to new internal streets;

(e) To have architecturally attractive structures surrounded by landscaped yards and when located at the periphery of industrial areas are separated from non-industrial uses by identifiable physical boundaries or by landscaped buffer zones;

(f) To maintain the existing commercial density and pattern of development and accommodate future growth in the "Original Chardon" area identified in the City's Comprehensive Plan.

(g) C-2, Chardon Square Mixed Use District. To provide a central business district that preserves, maintains, and promotes Chardon Square as a core area for retail sales; and promotes and enhances the existing historic environment with a pedestrian orientation on Chardon Square by permitting buildings close to the street and one another.

(h) C-3, Traditional Classic Commercial District. To allow for new development, redevelopment, renovation, and expansion of buildings and uses in developed commercial areas compatible with existing uses, scale, mass, density, and architectural style; and to preserve and enhance property values, reinforce City heritage, and accommodate small business development opportunities.

(i) C-4, General Commercial District. To accommodate a variety of intense contemporary retail and service commercial uses serving the community and surrounding trade area in locations where convenient and efficient access is provided and where such use will not conflict in scale or intensity with historic development patterns.

(j) I, Industrial District. To improve the manufacturing environment by making land more readily available for industry and discouraging unrelated and incompatible uses in the Industrial District; and, to protect adjacent residential districts by limiting adjacent manufacturing uses to those activities which do not create objectionable noise, odors, or visible effects beyond the District boundaries and which will be properly buffered and screened.

(Ord. 3273. Passed 5-9-24.)

1139.03 USE REGULATIONS.

(a) Uses Permitted By Right. Uses listed in Schedule 1139.03 denoted by the letter "P" are principal uses permitted by right in a zoning district.

(b) Uses Permitted by Right with Supplementary Regulations. Uses listed in Schedule 1139.03 denoted with a "P*" are principal uses permitted by right. The use shall comply with the regulations in Chapter 1145 (Conditional Use and P* Use Regulations). The P* uses are also subject to the regulations in Chapter 1145, all other requirements of this Planning and Zoning Code and other applicable City Ordinances. If it does not comply with the regulations in Chapter 1145, the use shall be classified as a conditional use and subject to Chapter 1115 (Conditional Use Procedures). The P* uses require development standards that are unique to the specific use and not common to other permitted uses in the zoning district.

(c) Conditional Uses. A use listed in Schedule 1139.03 denoted by the letter "C" shall be allowed as a conditional use in the zoning district The Planning Commission shall determine that the use complies with the requirements of Chapter 1145 (Conditional Use and P* Use Regulations) and Chapter 1115 (Conditional Use Procedures).

(d) Accessory Uses and Structures. Accessory uses and structures listed in Schedule 1139.03 denoted by the letter "A" and other uses or structures that are incidental and subordinate to a use listed in Schedule 1139.03 shall be allowed as an accessory use provided that the accessory use meets the requirements of the Code and all other City regulations met. Accessory uses noted as A* or AC are also subject to specific development regulations as noted in Schedule 1139.03, and accessory uses noted as AC are subject to Chapter 1115 (Conditional Use Procedures).

(e) Schedule 1139.03 Permitted Uses.

Schedule 1139.03 Permitted Uses
	C-2 Chardon Square Mixed Use	C-3 Traditional Classic Commercial	C-4 General Commercial	I-1 Industrial District	Use Specific Regulations
(1) Residential
A. Single-family dwelling, detached		P(a)
B. Single-family dwelling, attached		P(a)
C. Single-family cluster infill development			C		1145.11(mm)
D. Multi-family development		P*	C		1145.11(z)
E. Dwelling unit(s) above non-residential use	P	P
F. Family day care home (Type B)		P*(b)			1133.13
G. Group home, small		P*(b)			1145.11(t)
H. Transitional Supportive Housing		C			1145.11(nn)
I. Bed & Breakfast	C				1145.11(e)
(2) Community Facilities/Institutions
A. Place of worship	C	P*	P		1145.11(j)
B. Community Center	C	P*	P		1145.11(j)
C. Community outdoor active recreation		P*	P*	P*	1145.11(gg)
C. Congregate care facility/nursing home/assisted living		P	P
D. Cultural institution	C	P*	P		1145.11(j)
E. Day care center, child or adult		P*	P*	P*	1145.11(m)
F. Library	C	P*	P		1145.11(j)
G. Public facility	P	P	P	P
H. Public park/playground	P	P	P	P

Schedule 1139.03 Permitted Uses
	C-2 Chardon Square Mixed Use	C-3 Traditional Classic Commercial	C-4 General Commercial	I-1 Industrial District	Use Specific Regulations
I. School (public/private) college/university, trade or vocational school		P*	P	P	1145.11(hh)
J. School (public/private), elementary/ secondary		P*	P		1145.11(ii)
K. Utility substation/distribution facility		C	P	P	1145.11(pp)
(3) Office/Professional Services
A. Financial institution	P	P	P	P
B. Hospital			P	P
C. Office, administrative/professional	P	P	P	P
D. Office, medical/dental/health services office/clinic		P	P	P*	1145.11(u)
E. Scientific research, development, training and testing facility		C	C	P	1145.11(jj)
(4) Retail/Personal Services/Entertainment
A. Animal hospital/clinic		P*	P*	P	1145.11(d)
B. Animal day care/animal grooming with no outside facilities		P*	P*	P	1145.11(d)
C. Animal boarding facility with outside facility			C	P	1145.11(d)
D. Art galleries, art studios and other studios for instruction	P	P	P
E. Assembly hall/membership club/ conference center		P	P
F. Brew-pub	P	P	P	P*	1145.11(f)
G. Commercial recreation facility, indoor		P	P	P
H. Commercial recreation facility, outdoor			P	C	1145.11(gg)
K. Drive-thru facility, freestanding		C	P*		1145.11(n)

Schedule 1139.03 Permitted Uses
	C-2 Chardon Square Mixed Use	C-3 Traditional Classic Commercial	C-4 General Commercial	I-1 Industrial District	Use Specific Regulations
I. Drive-thru facility in association with a permitted use	AC	A*	A*	A*	1145.11(n)
J. Entertainment Device Arcade		P*	P*		1145.11(o)
L. Funeral home	P(c)	C	P		1145.11(q)
M. Health Club		P	P
N. Hotel/motel	P	P	P	C	1145.11(u)
O. Micro-Brewery, Micro-Distillery, Micro-Winery		C	C	P	1145.11(f)
P. Plant nursery/greenhouse			C	C	1145.11(ff)
Q. Restaurant	P	P	P	P*	1145.11(u)
R. Retail establishment in enclosed building	P	P	P	P*	1145.11(u)
S. Retail, large format, in enclosed building		P	P
T. Service establishment, business	P	P	P	P
U. Service establishment, personal	P	P	P	P*	1145.11(u)
V. Theater, indoor	P*	P*	P		1145.11(k)
(5) Motor Vehicle/Transportation
A. Car wash		P*(c)	C		1145.11(h)
B. Equipment sales/rental/service (includes agricultural implements, RV construction equipment or other large equipment)			C	P	1145.11(p)
C. Gasoline station		P*(c)	C		1145.11(r)
D. Motor vehicle sales/leasing (including boats)			C		1145.11(x)
E. Motor vehicle service station		P*(c)	C		1145.11(y)
F. Motor vehicle or boat repair garage			C	P	1145.11(w)
G. Parking garage, commercial	P*	P*	P*		1145.11(ee)

Schedule 1139.03 Permitted Uses
	C-2 Chardon Square Mixed Use	C-3 Traditional Classic Commercial	C-4 General Commercial	I-1 Industrial District	Use Specific Regulations
(6) General Commercial Uses
A. Agricultural/farm supplies and services				P
B. Building material sales, in enclosed building			P	P
C. Business maintenance services				P
D. Cemetery monument works				P
E. Cleaning establishment - laundry, carpet, other cleaning service				P
F. Commercial greenhouse				P
(7) Industrial/Warehousing Uses
A. Airport, heliport				C	1145.11(c)
B. Construction trade, contractor's facility				P
C. Brewery, Winery or Distillery Production Facility				P*	1145.11(g)
D. Food processing				P
E. Light industrial processing, assembly				P
F. Manufacturing and production within enclosed building				P
G. Manufacturing using raw materials, such as saw mill or asphalt plant				P*	1145.11(v)
H. Self-storage facility, indoor			C	P	1145.11(kk)
I. Transport and Truck Terminal				P
J. Warehousing			C	P	1145.11(qq)
K. Wholesale sales and distribution, indoor			C	P	1145.11(qq)

Schedule 1139.03 Permitted Uses
	C-2 Chardon Square Mixed Use	C-3 Traditional Classic Commercial	C-4 General Commercial	I-1 Industrial District	Use Specific Regulations
(8) Outdoor Activities
A. Outdoor dining associated with restaurant	A*	A*	A*	A*	1145.11(aa)
B. Outdoor display of merchandise in association with a permitted use			A*	A*	1145.11(bb)
C. Outdoor storage of fleet vehicles and equipment related to the primary business			AC	A	1145.11(dd)
D. Outdoor storage of goods and materials related to the primary business			AC	A*	1145.11(cc)
(9) Other
A. Agriculture/Forestry			P	P
B. Adult Oriented Business				C	1145.11(a)
C. Crematorium in association with a funeral home			P*	P	1145.11(q)
D. Modified standards for permitted use		C			1139.09
E. Telecommunication facility	(See Ch 1143 for permitted locations)			C	Ch. 1143
(10) Other Accessory Uses
A. Accessory building	A(d)	A	A	A
B. Accessory lunchroom, cafeteria, and recreation facility associated with the Permitted Use	A	A	A	A
C. Fences and walls	A	A	A	A
D. Home-based business/occupation	A	A	A		1147.05
E. Off-street parking area and loading facility	A	A	A	A
F. Signs	A	A	A	A
G. Temporary outdoor sales	A	A	A		1147.07
H. Trash receptacles	A	A	A	A

Notes to Schedule 1139.03:

(a) Only a dwelling unit that existed on 1/1/2023 shall be permitted. A new dwelling unit is prohibited.

(b) Permitted only in a single family detached dwelling that existed on 1/1/2023.

(d) Only when specifically authorized for a permitted use in Chapter 1145.

P = Use permitted by right; P* = Use permitted by right with supplementary regulations; C = Conditional Use;

A = Accessory Use; Blank Cell = Use not permitted

(Ord. 3273. Passed 5-9-24.)

1139.05 DEVELOPMENT STANDARDS.

The development standards for permitted uses in commercial and industrial districts are set forth below. See Chapter 1145 (Conditional and P* Use Regulations) for development regulations for conditional uses and those uses denoted with a P*.

(a) Lot Requirements. The minimum lot requirements for a permitted use in the commercial and industrial districts are listed in Schedule 1139.05(a).

Schedule 1139.05(a) Lot Requirements in Commercial and Industrial Districts
Lot Requirements	C-2 Chardon Square Mixed Use	C-3 Traditional Classic Commercial	C-4 General Commercial	I-1 Industrial
(1) Minimum Lot Area	None	20,000 sq. ft.	20,000 sq. ft.	1 acre
(2) Minimum Lot Width	None	100 ft.	100 ft.	150 ft.
(3) Maximum Building Coverage	100%	30%	40%	40%

(b) Building and Parking Setback Requirements. Every permitted use of land and its associated buildings, structures and parking shall be located on a lot to comply with the required front, side, and rear setbacks in Schedule 1139.05(b) for the zoning district in which the lot is located.

(1) Determining Front Setback. Each lot shall maintain the minimum front setback measured from the street right of way. The front setback for a building on a non dedicated street shall be measured from the centerline of the non dedicated street.

(2) Corner Lots. A corner lot shall comply with the front setback for each side facing and adjacent to a street right of way.

(3) Supplemental Front Setback Requirements in the C 2 District. New construction shall be located to comply with the minimum and maximum front setback requirements in Schedule 1139.07. The maximum front setback shall be increased to 15 feet when a public use plaza or outdoor dining is located between the building and the street right of way. No other uses are permitted within the front setback.

(4) The area within the setbacks shall remain unobstructed by structures except as otherwise permitted in the Code.

Schedule 1139.05(b) Minimum Building and Parking Setbacks
	C-2 Chardon Square Mixed Use	C-3 Traditional Classic Commercial	C-4 General Commercial	I-1 Industrial
(1) Building Setbacks
A. Minimum Setback from Street ROW	None 1	30 feet	50 feet	40 feet
B. Maximum Setback from Street ROW	5 feet 1	NA	NA	25 feet
C. Setback from Lot Line abutting Nonresidential District
i. Setback from Side Lot line	None	15 feet 2	15 feet	20 feet 3
ii. Setback from Rear Lot line	None	20 feet	30 feet	20 feet 3
D. Setback from Lot Line abutting Residential District
i. Setback from Side Lot line	15 feet	25 feet	25 feet	40 feet
ii. Setback from Rear Lot line	15 feet	30 feet	30 feet	40 feet
(2) Minimum Parking Setback 4
A. Minimum Setback from Street ROW	See Section 1139.07(a)	10 feet	10 feet	15 feet 5
B. Setback from Side and Rear Lot line abutting Nonresidential District	10 feet	10 feet	10 feet	10 feet
C. Setback from Side and Rear Lot line abutting Residential District	10 feet	25 feet	25 feet	20 feet
Notes to Schedule 1139.05(b): 1 Further regulated by subsection 1139.07(d) below. 2 When buildings share a common wall, no setback is required. 3 Except that in a new industrial park subdivision, the minimum internal side and rear yard setbacks shall be 10 feet. 4 Setbacks do not apply to parking areas constructed and used for single family detached dwellings. 5 Except that in a new industrial park subdivision, the minimum setback from an interior street shall be 10 feet. NA Not Applicable

Schedule 1139.05(c) Height Regulations
	C-2 Chardon Square Mixed Use	C-3 Traditional Classic Commercial	C-4 General Commercial	I-1 Industrial
(1) Minimum Building Height	2 stories	NA	NA	NA
(2) Maximum Building Height	50 feet 1	45 feet 1	45 feet	45 feet
(3) Maximum Number of Stories	3	3	3	NA
(4) Maximum Height of Accessory Building/Structure	20 feet	20 feet	20 feet	20 feet
Notes to Schedule 1139.05(c): For permitted height exceptions, see Section 1147.13.

(Ord. 3273. Passed 5-9-24.)

1139.07 OFF-STREET PARKING REGULATIONS.

Off street parking lots shall comply with Chapter 1151 (Off-Street Parking and Loading Regulations), and the parking requirements below:

(a) Parking Lot Regulations in the C 2 District.

(1) Accessory Parking Lots Located in the C 2 District.

A. In the C 2 District, an accessory off street parking lot shall not be located between the front of a principal building and the public street right of way line. Accessory off street parking shall be located at the rear or side of the principal building. See Figure 1139.07 below.

B. The Planning Commission may grant a variance to this requirement if the applicant establishes practical difficulties due to the shallow depth of the parcel, the location of mature trees or other significant environmental features; the location of historical buildings or structures; the proximity of residential uses; or other circumstances. If a variance is granted, the Planning Commission shall require that the parking lot is screened from the public street and adjacent properties in accordance with the requirements of Chapter 1153 (Landscaping, Buffers and Lighting Regulations).

Figure 1139.07 - Acceptable Parking Area Design in C 2 District

(2) Parking Lots as Principal Use in C 2 District. When a parking lot is the principal use on a lot in the C-2 District, the parking setback from the street right of way shall be fifteen (15) feet.

(c) Setbacks for Connected Parking Facilities. Accessory parking facilities for nonresidential uses may be interconnected as permitted below.

(1) When two (2) or more parking areas are connected to permit vehicular traffic between them in compliance with Section 1151.33, no parking setback shall be required for the access opening that accommodates the drive aisle between the connected parking lots.

(2) When parking lots are connected in a manner that allows vehicular traffic to travel between them with no curbs or other barriers, the parking setback between the adjacent properties shall be waived.

(3) The requirements for landscaping the interior of parking lots (Section 1153.09) shall be applied to the combined area of all interconnected parking lots. The requirements for perimeter landscaping shall apply to the entire combined area of all interconnected parking lots.

(d) The parking setback is required where the parking lot abuts the property line. The area within a parking setback shall be landscaped in accordance with Chapter 1153 (Landscaping, Buffers and Lighting Regulations).

(Ord. 3273. Passed 5-9-24.)

1139.09 MODIFIED STANDARDS FOR PERMITTED USE IN C-3 DISTRICT.

The Planning Commission may allow more intense development than otherwise permitted in this Chapter, according to the conditional use procedures, to further the goals of the City's Comprehensive Plan in the C-3 Zoning District. The Planning Commission may grant modifications to the development standards in Section 1139.05 (Development Standards) and Section 1139.07 (Off-Street Parking Regulations). The Planning Commission shall consider the following factors when deciding a variance:

(a) Whether the land use, building design, and building placement on the lot is consistent with the Comprehensive Plan;

(b) Whether the enclosed public space or reduced right-of-way permits safe and efficient pedestrian passage; and,

(c) Whether the increased development will result in significant adverse impact on adjacent land uses, particularly single-family detached dwellings.

(Ord. 3273. Passed 5-9-24.)

1139.11 ACCESSORY USE REGULATIONS.

Accessory uses permitted in Commercial and Industrial Districts shall comply with the requirements in this Section as well as other applicable Sections of the Planning and Zoning Code.

(a) Accessory Buildings. The height of an accessory building shall not exceed twenty (20) feet, the gross floor area shall not exceed 200 square feet, it shall be located in a side or rear yard and shall comply with the parking setbacks in Schedule 1139.11 (Off Street Parking Regulations). Other buildings on the lot are principal buildings and shall comply with lot and setback regulations and development plan review and approval requirements for the zoning district in which the lot is located.

(b) Fences and Walls. Fences and walls may be erected in a Commercial District in compliance with the requirements set forth in Section 1147.03.

(Ord. 3273. Passed 5-9-24.)

1139.13 PERFORMANCE STANDARDS.

Every use shall comply with the following performance standards in addition to those in Chapter 1147.

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from a permitted principal, conditional, or accessory use shall be removed for disposal, stored in a building, or held for removal in a completely enclosed container. The building, container, or dumpster shall be located in a side or rear yard and shall comply with Chapter 1151 (Off Street Parking Regulations) and shall be screened pursuant to Chapter 1153 (Landscaping, Buffers and Lighting Regulations).

(b) Lighting. The placement, orientation, light distribution patterns and fixture types of outdoor lighting shall comply with Chapter 1153 (Landscaping, Buffering and Lighting).

(c) Enclosure. All uses and operations, except off street parking and loading facilities, shall be performed within an enclosed building, unless otherwise specifically permitted.

(d) Outdoor Vending Machines. Outdoor vending machines, which dispense beverages, packaged food or other items, are permitted with the following conditions:

(1) Outdoor vending machines are permitted in the "C 3" Traditional Commercial District, "C 4" General Commercial District, and "I Industrial District.

(2) No more than three (3) outdoor vending machines are permitted on the premises of the business.

(3) Outdoor vending machines shall abut a wall of the principle structure and be placed on a sidewalk so as not block pedestrian access to or around the building.

(4) Outdoor vending machines shall be located at least twenty (20) feet from the public right of way.

(e) Underground Utility Lines. A new building shall have utility services including, but not limited to, electric, telephone, and cable TV installed underground.

(f) Noise and Emission. No land use or structure shall be used or occupied in a manner which creates dangerous or objectionable noise or emissions. A use shall comply with the noise and emission requirements of Chapter 1147 (Supplemental Use Regulations).

(g) Stormwater Detention/Retention Facilities. Storm water drainage detention and retention facilities that are visible from a public street shall be integrated into a landscaped area, which shall contain any combination of the following elements: deciduous and ornamental trees, evergreens, shrubbery, hedges, other plant materials and ornamental fencing.

(Ord. 3273. Passed 5-9-24.)

1141.01 PURPOSE.

The purpose of the historic district overlay zones adopted herein is to prescribe additional regulations to be applied to a geographic area in combination with the requirements of the underlying or base district or districts, in order to preserve, protect and perpetuate places, buildings, districts, structures, works of art and other objects having a special historical, community or aesthetic interest or value, all for the reasons described in the remainder of this section. [*moved from Uptown District]

(a) To safeguard the heritage of the City of Chardon, by preserving sites and structures which reflect elements of the City's cultural, social, economic, political or architectural history;

(b) To stabilize and improve property values;

(c) To protect and enhance the City of Chardon' attractiveness to residents, tourists and visitors, and serve as a support and stimulus to businesses;

(d) To enhance the visual and aesthetic character, diversity and interest of the City of Chardon; and

(e) To foster civic pride in the beauty and notable accomplishments of the past.

(f) To promote the use and preservation of historical locations, architecturally significant structures and other notable objects and sites for the educational enrichment and general welfare of the community.

(Ord. 3273. Passed 5-9-24.)

1141.03 CONFLICTING PROVISIONS.

A conflict between the base district requirements and an historic overlay district shall be resolved in accordance with the provisions of this Chapter and the City Administrative Code, Codified Ordinance Sections 101.06 (Conflicting Provisions) and 101.07 (Legislative Intent).

(Ord. 3273. Passed 5-9-24.)

1141.05 DEFINITIONS.

The following definitions shall apply to the terms used in this Chapter:

(a) "Alter or Alteration" means any material change in the exterior architectural features of a structure or building within a Historic District which are visible from a public way or from adjoining property or changing the exterior color scheme of a building or structure, whether or not such change requires a building permit. Changes to the landscaping are considered alterations only to the extent the features proposed to be changed were relevant to the initial Landmark or Historic District designation of the property.

(b) "Appurtenance" means any object attached in whole or in part to any structure and visible from a public right of way, including but not necessarily limited to, a sign, fixture, artwork, trellis, machine or similar objects.

(c) "Exterior architectural feature" means the architectural style and general arrangement of the exterior of a building or structure, including the type and texture of building materials, windows, doors, lights, signs and other fixtures attached or appurtenant thereto.

(d) "Historic District" or "District" means any area within a boundary that has been designated as a Historic District and subject to the jurisdiction of the Planning Commission. A Historic District shall consist of contiguous properties within a determined boundary, which may be of a regular or irregular shape.

(e) "Historic significance" means the attributes of a district, site, building or structure that possess integrity of location, design, setting, materials, workmanship, feeling and association, and that possesses one or more of the following attributes:

(1) Are associated with events that have made a significant contribution to the broad patterns of our history; or

(2) Are associated with the lives of persons significant in our past; or

(3) Embody the distinctive local characteristics of a type, period, or method of construction, represent the work of a local master or possess high artistic values.

(f) "Historically Significant Property" means any structure, whether within or outside a Historic Overlay District, which 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 listing in the National Register of Historic Places; 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) Has historic significance.

(g) "Landscaping" means the design, arrangement, planting or removal of natural scenery including, but necessarily limited to, trees, shrubs, vines, rocks and water; and man made materials or objects, including but not necessarily limited to, a bicycle rack, fence, fountain, artwork, sculpture, furniture, or machine, over a given tract of land for the purpose of creating the best practical appearance to the land.

(h) "Ordinary repairs and maintenance" means replacement, maintenance or repair to correct deterioration or damage to a building or structure or any part thereof and to restore fully, or as nearly as may be practicable, to its prior condition.

(i) "Property" means any plot of land, place, building, structure, work of art, fixture or similar object.

(Ord. 3273. Passed 5-9-24.)

1141.07 CRITERIA FOR DESIGNATION OF HISTORIC DISTRICT OR PROPERTY.

In considering whether or not to recommend designation of a place, building, structure, work of art, or similar object in the City as a Historic District or a Historically Significant Property, the Planning Commission shall apply, in addition to other available information, the following criteria:

(a) The character, interest, or value of the property as part of the development, heritage or cultural characteristics of the City, the State or the country.

(b) The location as the site of a significant historic event.

(c) The identification with a person or persons who significantly contributed to the culture and development of the City, the county, state, or nation.

(d) The exemplification by the property of the cultural, economic, social or historic heritage of the City.

(e) The portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style.

(f) The embodiment of distinguishing characteristics of an architectural type or specimen.

(g) Identification as the work of an architect or notable builder whose individual work has influenced the development of the City.

(h) The embodiment of elements of architectural design, detail, materials or craftsmanship which represent architecture of significant character, charm or grandeur.

(i) The relationship to other distinctive areas or structures which are eligible for preservation according to a plan based on an historic, environmental, cultural, educational or architectural theme.

(j) A unique location or singular physical characteristic representing an established and familiar visual feature of the City.

(k) Such other individual characteristics as may be relevant to its designation as a Landmark or Historic District.

(Ord. 3273. Passed 5-9-24.)

1141.09 ORIGINAL CHARDON HISTORIC DISTRICT OVERLAY ZONE.

(a) Establishment. The Original Chardon Historic District Overlay Zone shall be coincident with the Historic District as established in Codified Ordinance Chapter 1315.

(b) Purpose. In addition to the purpose statements in Section 1141.01, the purpose of the Original Chardon Historic District is to promote the preservation, restoration and perpetuation of the architectural design and style of original buildings in the City and to maintain and improve the aesthetic appearance of the City core, including its historic character.

(c) Maintenance of Historical Integrity. All owners and occupants of structures located in or designated as part of the Historical District are encouraged to maintain the historical integrity of such structures.

(d) Planning Commission Advice on Alterations and Construction. Any owner or occupant wishing to make alterations to the exterior of any structure or any owner wishing to construct a new structure within or designated as a portion of the Historical District is encouraged to seek the advice of the Planning Commission prior to making the alterations or beginning the new construction. The Commission may, at its discretion, seek professional advice, on behalf of the owner or occupant, from a qualified architect, which would aid the Commission in determining the quality of advice given to the owner or occupant.

(Ord. 3273. Passed 5-9-24.)

1141.11 UPTOWN HISTORIC DISTRICT OVERLAY.

(a) Establishment. The Uptown Historic District (hereinafter "the Uptown Historic District" or "the District"), as an overlay district which shall correspond to the boundaries of the C 2 Chardon Square Mixed Use District and the adjacent Special District, including the Square, as shown on the Zoning Map; and shall include all properties within the C2 District and adjacent Special District boundaries.

(b) Purpose. In addition to the purposes stated in Section 1141.01, the Uptown Historic Overlay District regulations in Sections 1143.31 through 1143.392, inclusive, (hereafter "the District regulations") are intended to maintain and enhance the scale and basic character of the Uptown Historic Overlay District:

(1) Ensuring compatibility between new, renovated and existing structures.

(2) Promoting the improvement and upgrading of buildings and property in a manner which benefits property in the area.

(3) Improving and promoting amenities for pedestrians.

(4) Encouraging the development of vacant land and redevelopment of surrounding properties in the Uptown Historic Overlay District in a manner which is compatible with the character of the Uptown Historic Overlay District.

(5) Promoting the continuing vitality of the District through private renovation and architectural creativity, with appropriate controls and standards.

(6) Stimulating and developing the economic, recreational, cultural and educational resources of the City.

(7) Protecting real estate from disrepair, dilapidation and reduction in value.

(Ord. 3273. Passed 5-9-24.)

1141.13 ACTIVITIES SUBJECT TO REVIEW AND COMPLIANCE.

Historically significant properties and buildings and structures within the boundaries of the Uptown Historic District shall comply with the standards and criteria in this chapter whenever the exterior appearance of any building or structure is altered, a new structure or building is constructed, and an existing building, structure or sections or parts are to be demolished, except for specific exceptions listed in this Chapter.

(Ord. 3273. Passed 5-9-24.)

1141.15 DESIGN CRITERIA.

(a) New Construction. New construction within an historic district shall comply with the Design Standards in Section 1155, and the criteria in subsections 1141.15(c) and (d).

(b) Existing Buildings or Structures. Any reuse, alternation of or addition to an existing building or structure within the Uptown Historic District and a Historically Significant Property shall be evaluated with respect to the following items:

(1) Compatible reuse. Every reasonable effort shall be made to provide either a compatible use for a property consistent with the District regulations and to make minimal alterations to the exterior of the building and/or structure or to return the property to its original use or purpose.

(2) Alterations. Alterations of a historic building or structure shall be guided by the following:

A. Preservation of original features. The distinguishing qualities or character of a building, structure, the site and its environment shall be preserved. The removal or alteration of any historic material or distinctive architectural features should be avoided.

B Respect for period features. A building, structure or site shall be recognized as a product and representative of the period when built. Alterations that are inconsistent with features of the period when built shall be avoided.

C Respect for changes over time. Changes over time are evidence of the history and evolution of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance should be recognized and respected.

D Distinctive features. Distinctive architectural features or examples of skilled craftsmanship which characterize a building, structure or site should be preserved or restored.

(3) Repair of deteriorated architectural features. Deteriorated or damaged architectural features shall be repaired rather than replaced when practical and economically feasible. Repair or replacement should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence rather than relying upon architectural elements from other buildings or structures. Replaced features and alternate materials should match design, color, texture and visual qualities of the original or the existing elements or features. Exterior cladding of a structure with contemporary materials shall be consistent with and visually similar to the original materials and construction methods used on the property. Photographic documentation in the form of color prints of the property include, but are not necessarily limited to, the following images of the property: setting and location characteristics; each façade or vertical surface affected by the construction, alteration, or demolition; and architectural features, appurtenances, or lot improvements impacted by the proposal.

(4) Proper cleaning methods. Surface cleaning shall be undertaken with cleaning methods which will not damage the historic building materials. Sandblasting and other cleaning methods which will damage the exterior shall not be undertaken.

(5) Additions.

A. Compatible contemporary additions. Contemporary design for alterations and additions to an existing property shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural materials and are compatible with the size, scale, color, material and character of the property, neighborhood or environment.

B. New additions. New additions or alterations to structures or buildings shall not impair the essential form and structural integrity of the building. Additions or alterations to structures shall be done in such a manner that, if removed in the future, the essential form and integrity of the building or structure is not impaired.

(6) General Criteria. In considering the appropriateness of any changes, including signs, displays or landscaping, the Planning Commission shall take into account, in addition to any other pertinent factors, the historical and architectural style and general design, construction methods, probable longevity, the arrangement, texture, material and color of the proposed changes as they relate to the property in its present condition, and shall also consider the relation thereof to the same or related factors in other properties, objects and areas in the neighborhood.

(c) Color Palette. Colors for the exterior of a new building, or existing building where the exterior surface is repainted or new exterior cladding is installed, shall be selected from the Uptown Historic District color palette approved by the Planning Commission and available through the Community Development Administrator. Existing natural brick shall not be painted.

(d) Exterior Lighting.

(1) Exterior lighting shall be included in the architectural concept and be part of the development plan submitted to the Community Development Administrator. Exterior lighting fixtures, standards and visible accessories shall be harmonious with the building design.

(2) Gas discharge lamps and tubes shall not be permitted to be used for signs or building accent lighting within the Historic District when they are exposed to the direct view of motorists and/or pedestrians traveling on the public streets or sidewalks. Mercury vapor and sodium vapor lamps and luminaries used for the general illumination of public spaces are exempt from this restriction.

(Ord. 3273. Passed 5-9-24.)

1141.17 ROUTINE MAINTENANCE AND OTHER EXCEPTIONS.

Nothing in the District regulations shall delay or restrict routine maintenance which does not alter the exterior appearance of a building, structure or site, or to address an emergency, as listed below. Activities listed below are exempt from review.

(a) Ordinary maintenance and repair where the purpose of the work is to correct deterioration to the structure and no change is made to the appearance of a building or grounds. Ordinary maintenance and repair include:

(1) Repainting all or part of a building in the existing colors;

(2) Glass replacement or replacement of doors and windows with the same style or type and having substantially the same area of glass;

(3) Caulking and weather stripping;

(4) Landscaping;

(5) Repairs to walks, patios, fences, and driveways with replacement materials compatible with the original or existing materials in style and appearance;

(6) Replacement of small areas of missing or deteriorated original or existing trim, roof coverings, porch flooring, steps, façade details and similar historically significant architectural features. Replacement materials shall be compatible with the original or existing materials, in all respects, to style, color, durability and appearance;

(7) Replacement of gutters and downspouts with the same shape as the original or existing gutters and downspouts, roof ventilators on rear slopes and chimney caps;

(8) Installation of building address and mailboxes;

(9) Repair of existing street or yard lighting.

(b) Construction, alteration, or demolition prior to the effective date of the District regulations.

(d) Alteration or demolition to correct or abate a hazardous or unsafe condition as determined by the Community Development Administrator or the Fire Chief, after notification to the Planning Commission and/or Community Development Administrator and consultation with the Municipal staff; or when emergency measures have been declared necessary.

(Ord. 3273. Passed 5-9-24.)

1141.19 DEMOLITION AND MOVING OF STRUCTURES.

(a) The owner of a building or structure who desires to demolish all or part of a Historically Significant Property or an existing building within the Uptown Historic District shall file an application for a demolition permit with the Community Development Administrator. The Planning Commission shall approve or deny the application.

(b) The Planning Commission shall approve the demolition if one of the following conditions exists:

(1) Demolition has been ordered by a federal, state or local government official for reasons of public health and safety. In the case of imminent danger to the public health and safety as determined by a government official, demolition may occur prior to approval by the Planning Commission; or

(2) The demolition is requested for an inappropriate addition or a non contributing building, and the Planning Commission determines that the demolition will not adversely affect the character of the area, including the appearance of the overall scale, rhythm, design or unity of the streetscape; or

(3) The demolition is consistent with a plan or policy adopted by the City Council.

(4) If the demolition is approved, the Planning Commission shall state the grounds for approval and cite in support one of the subsections above in the Announcement of Decision.

(c) If none of the grounds listed in division (b) is found to exist, the Planning Commission shall approve the demolition only if the Planning Commission finds that the structure cannot be reused or cannot earn a reasonable economic return upon its value. If an owner requests approval of demolition for this reason, the Planning Commission shall follow these procedures:

(1) The Planning Commission shall hold a public hearing at its next regular meeting before acting upon the application.

(2) A notice shall be published in a newspaper of general circulation at least thirty (30) days prior to the public hearing.

(3) The owner shall present evidence at the hearing that supports the application for demolition, i.e. that the structure cannot be reused or the owner cannot earn a reasonable economic return upon its value. At the hearing the owner shall present evidence to demonstrate reuse potential, opportunities for an economic return upon its value or the lack thereof which supports the application for demolition.

(4) Following the hearing, the City or its designee shall, within ninety (90) days from the date of the hearing, formulate a reasonable plan for the preservation of the structure. If, prior to the expiration of the ninety (90) day period, the City or its designee identifies a preliminary plan for the preservation of the structure, an additional period of time not to exceed ninety (90) days to recommend a final preservation plan shall be granted.

(5) If a satisfactory and economically viable preservation plan is presented, the demolition shall not be approved. If an economically feasible preservation plan is not presented the demolition shall be approved.

(6) If the City or its designee takes no action to identify and recommend a preservation plan within the ninety (90) day period, or 180 day period if extended, the demolition shall be approved by the Planning Commission and a demolition permit shall be issued by the Community Development Administrator.

(7) As an alternative to demolition, the Planning Commission may approve the relocation of an existing building when:

A. The building would be harmonious with the historical and architectural character of the new surroundings; and

B. The relocation would preserve and protect a building of historical interest.

(d) The foregoing shall not apply when the demolition is part of a larger plan of development submitted to or approved by the Planning Commission.

(Ord. 3273. Passed 5-9-24.)

1141.21 PROTECTIVE MAINTENANCE REQUIRED; EMERGENCY CONDITIONS.

(a) All buildings and structures in the Uptown Historic District and every Historically Significant Property shall be properly maintained and repaired as required by the Codified Ordinances. The need for necessary and essential maintenance and repairs shall be directed to the attention of the Community Development Administrator. If necessary maintenance and repair is required, the Community Development Administrator shall prepare and serve a Notice of Violation to repair upon the owner describing the maintenance and repair. Nothing herein shall be construed to prevent ordinary maintenance or repairs of any structures.

(b) No owner in the District shall fail to provide sufficient and reasonable care, maintenance and upkeep appropriate to ensure the perpetuation of all structures, appurtenances, architectural features, and lot improvements and to prevent their destruction by deterioration. This provision shall be independent of and in addition to all other applicable Code provisions, including the Property Maintenance Code, Chapter 1319.

(Ord. 3273. Passed 5-9-24.)

1143.01 PURPOSE.

The Wireless Telecommunication Tower Overlay District (WTTO) is created to provide locations for the construction and use of wireless telecommunication towers and facilities as a permitted use, conditional use, or accessory use depending upon the specific land areas of the City and circumstances under which they are proposed to be located. The purpose of the WTTO is to balance the competing interests of telecommunications providers, who were granted rights by the federal Telecommunication Act of 1996 (Public Law 104 104), and the interests of the City in regulating wireless telecommunication towers and related facilities: to provide for orderly development within the City; to maintain property values; to promote the aesthetic appearance of the City, including its rural and historic character; to provide for and protect the health, safety, and general welfare of the residents of the City; to protect residential properties, parks, open spaces, the City Square and the non-intensive commercial zoning districts which are characteristic of the City from the adverse effects and physical impact of towers and related facilities; to promote colocation of wireless telecommunication antennas and related facilities to decrease the number of towers in the City; and to maintain, to the extent permitted under federal law, the integrity of the City's zoning regulations.

The Wireless Telecommunication Tower Overlay District regulations shall control when they conflict with other requirements of the Planning and Zoning Code.

The Wireless Telecommunication Tower Overlay District establishes a hierarchy of acceptable land areas for location of wireless telecommunication towers and related facilities as a permitted use in certain land areas, as a conditional use in other land areas, or as an accessory use for erection of antennas on existing structures. The classification is dependent upon the location and characteristics of the land area.

(Ord. 3273. Passed 5-9-24.)

1143.03 PERMITTED LOCATIONS.

A wireless telecommunications tower or facility is permitted when it complies with the regulations in this Chapter and construction is approved by the Planning Commission.

(a) Permitted Use. A wireless telecommunication facility is a permitted use on property owned or controlled by the City in compliance with Section 1143.07 and under such terms and conditions approved by the City Council.

(b) Conditional Use. A wireless telecommunication facility is a conditional use in the Industrial District in the areas on the Official Zoning District Map within a WTTO District, upon compliance with Section 1143.07 and the standards for a conditional use in Section 1143.07 and approval by the Planning Commission.

(c) Accessory Use. The erection or construction of a wireless telecommunication antenna(s) on an existing and approved wireless telecommunication tower is a permitted accessory use as a co location. An application for colocation that complies with Section 1143.07 and a zoning certificate are required.

(d) Standards Applicable to Wireless Telecommunication Tower Facilities. Except as otherwise provided in the Code, a wireless telecommunication tower and facility shall comply with the requirements of this Chapter.

(Ord. 3273. Passed 5-9-24.)

1143.05 MINIMUM STANDARDS.

A wireless telecommunication facility shall comply with the following standards:

(a) Design. A wireless telecommunication tower shall be a monopole design. A tower and antenna shall be designed to meet all Building Code requirements.

(b) Maximum Height of Tower and Related Facilities. A wireless telecommunication tower shall not exceed 200 feet in height measured from the average grade at the base of the tower. An equipment building for a wireless telecommunication facility shall not exceed ten (10) feet in height from the average grade surrounding the building.

(d) Wireless Telecommunication Facility. A wireless telecommunication facility may be located on a lot with another use.

(e) Minimum Lot Area. The minimum lot area, required setbacks, yards, and maximum building coverage required in the zoning district shall apply.

(f) Location of Tower on the Lot. A wireless telecommunication tower shall comply with the principal building setback requirements for the zoning district. The tower shall be placed on the lot at a location that minimizes the visual impact from adjoining streets, roads, and properties.

(g) Spacing. Wireless telecommunications towers shall be separated by at least one quarter mile.

(h) Fencing. A fence six (6) feet in height shall be erected to surround the wireless telecommunication tower and any related support facilities for public safety reasons. "No Trespassing" signs shall be posted around the wireless telecommunication facility with a telephone number to call in an emergency.

(i) Buffer Zones. A landscaped buffer area not less than fifteen (15) feet wide shall be placed between wireless telecommunication facilities other than the tower and the public rights of way and adjacent properties from which they are visible. The landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six (6) feet high. The landscaping shall be continuously maintained and promptly replaced, if necessary.

(j) Outdoor Storage. Except during the initial construction of the facility, outdoor storage of supplies, vehicles or equipment is prohibited.

(k) Lighting. Except as required by law, a wireless telecommunication antenna or a tower shall not be illuminated nor shall lighting fixtures or signs be attached to the antenna or tower. If lighting is required by the Federal Aviation Administration (FAA) regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. Lighting for security purposes shall be permitted at the wireless telecommunication facility with the prior approval of the Planning Commission.

(l) FCC Compliance. Prior to final inspection by the Community Development Administrator, certification that the wireless communication facility complies with all current FCC regulations for non ionizing electromagnetic radiation (NIER) shall be submitted to the Federal Communication Commission (FCC) with a copy to the Community Development Administrator.

(m) Advertising. Advertising on the wireless telecommunication facility is prohibited.

(n) Time Limit for Commencement and Completion of Construction. Construction of wireless telecommunication facilities shall be completed within the time allowed in Section 1111.025.

(o) Existing Vegetation. Existing vegetation, trees and shrubs shall be preserved unless removal from the site is necessary to construct and maintain the facility.

(p) Utility Lines. All utility lines from the utility source to the Wireless Telecommunication Facility shall be underground.

(q) Removal of Facilities.

(1) The owner or operator shall remove a wireless telecommunication facility within three (3) months of ceasing its use or shall file a declaration of continuing operation, with the Community Development Administrator; and shall provide a written authorization consenting to an annual inspection of the wireless telecommunication facility by the Community Development Administrator or municipal consultant.

(2) The owner or operator shall post a cash or surety bond or other financial guarantee approved by the Law Director in the amount of one hundred dollars ($100.00) per vertical foot of height of the wireless telecommunication tower as a condition of issuance of a Zoning Certificate, to guarantee that an abandoned, obsolete or destroyed wireless communication antenna or tower shall be removed within three (3) months of cessation of use. Each antenna co locator on the tower shall also execute the financial guarantee, as principal, to ensure that the financial guarantee will continue while the co locator occupies the tower.

(r) Annual Inspection. The owner or operator shall agree that cash posted shall not be released unless the colocater deposits an amount determined by the Municipality or posts a financial guarantee of the same amount. Within sixty (60) days prior to each anniversary date of the issuance of the Zoning Certificate, the owner or operator shall cause an inspection to be completed of the facility by an engineer certified by the State of Ohio, at the expense of the owner. The engineer shall certify the structural integrity and general safety of the entire facility and its components and submit a report thereof to the City within thirty (30) days of the anniversary date.

(Ord. 3273. Passed 5-9-24.)

1143.07 CONDITIONAL USE STANDARDS.

The following basic standards shall apply to a wireless telecommunication facility permitted as a conditional use pursuant to this Chapter.

(a) With the Conditional Use application, the applicant shall list the location of every tower building or structure and all of the areas in Section 1143.05(a) able to support the proposed antenna(s) and areas technically suitable to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, or a technically suitable location is not available in an area in Section 1143.05(a). If another existing tower or an area described in Section 1143.05(a) is available and technically suitable, the applicant must demonstrate that a request for co location was rejected by the owner of the tower; or that a request to the City Council for a wireless telecommunication facility in all technically suitable area(s) set forth in Section 1143.05(a) has been rejected. The owner of an existing tower shall promptly respond in writing to a written request for colocation within thirty (30) days. If another telecommunication tower is technically suitable, the applicant shall show that an offer has been made to allow the owner of another telecommunication tower to collocate an antenna (s) on a tower within the City owned or controlled by the applicant on reciprocal terms, and the offer was not accepted. The City shall use its best efforts to encourage collocation whenever an application is filed.

(b) As a condition for approving a Conditional Use Certificate to construct and operate a tower in the City, the owner or operator of the tower shall allow colocation until the tower has reached full antenna capacity. The tower level shall include at least two additional antenna platforms available for co location for two (2) additional antennas. This condition must be included as a provision in a lease with the landowner if the applicant is not the owner or operator of the tower, and a copy of the executed lease shall be provided to the Community Development Administrator. A term shall be included in the lease requiring the leasor and leasee to both comply with the requirements of Codified Ordinance Sections 1143.00 1143.19, and a copy thereof shall be attached and incorporated into the lease. The landowner shall sign the application and financial guarantee.

(c) Arbitration shall be a condition for approval of the conditional use. A dispute with future providers concerning colocation and the terms and conditions of colocation shall be submitted to commercial arbitration by the agreement of the parties or, if the parties are unable to agree, then under the rules for commercial arbitration of the American Arbitration Association.

(d) The Planning Commission shall approve the color of the tower.

(Ord. 3273. Passed 5-9-24.)

1143.09 APPROVAL REQUIRED.

(a) The applicant shall comply with the development plan review procedures in Chapter 1111.

(b) An applicant proceeding under Section 1143.19 shall comply with the procedures for Conditional Use Certificate in Chapter 1117.

(1) A report prepared by a licensed professional engineer with the height, design and proof of compliance with nationally accepted structural standards published by the American National Standards Institute/Electronic Industry Association section 222 F, as amended.

(2) A soil report complying with the standards of ANSI/EIA 222 F (Annex I: Geotechnical Investigations for Towers), as amended, to document and verify the application to support the tower, the design specifications of the foundation for the tower, and anchors for the guy wires, if used.

(3) Towers and antennas shall be designed to withstand sustained winds at the minimum wind speed listed for Geauga County in the TIA/EIA 222 F standards.

(4) Towers and antennas shall be designed to withstand ice loads per the ANSI/EIA section 222 F (Annex H: Commentary on Ice Design Criteria for Communications Structures).

(5) The tower as designed shall comply with the standards in Section 1143.15.

(6) The tower as designed shall comply with all safety regulations of the Federal Aviation Administration.

(Ord. 3273. Passed 5-9-24.)

1143.11 DEFINITIONS.

For the purpose of this code, the following words and phrases used in this chapter shall have the meanings set forth below:

(a) Colocation. The use of a wireless telecommunications facility by more than one (1) wireless telecommunications provider or by one provider for more than one type of telecommunication technology.

(b) Monopole. A single, slender and typically cylindrical, vertical structure to which telecommunication antennas or antenna support structures are affixed.

(c) Technically Suitable. The location of a wireless telecommunication antenna that reasonably serves the purpose for which it is intended within the bandwidth of frequencies for which the owner or operator of the antenna has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the City. [Moved to 1143]

(d) Telecommunication. Technology permitting the transmission of information from the sender to one (1) or more receivers in a usable form by means of any electromagnetic system.

(e) Wireless Telecommunication Antenna. An antenna system mounted on a tower or other structure designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC) excluding amateur radio operator antennas.

(f) Wireless Telecommunication Equipment Building. The structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.

(g) Wireless Telecommunication Facility. A facility consisting of the equipment, building(s), tower, antenna(s) and other 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.

(h) Wireless Telecommunication Tower. A tower including but not limited to self-supporting lattice or monopole which elevates the wireless communication antenna and may include accessory transmission and receiving equipment.

(Ord. 3273. Passed 5-9-24.)

1145.01 PURPOSE.

This Chapter establishes supplemental standards that apply to specific uses which are in addition to the general district requirements to ensure the uses are compatible with the surrounding development.

(a) Use Permitted by Right with Supplementary Regulations (P*). A use permitted by right with supplementary regulations has unique characteristics that require development standards specific to the use.

(b) Conditional Uses. A conditional use is a classification generally compatible in the district in which it is listed. This Chapter includes supplemental regulations for conditional uses regarding location, design, size, method(s) of operation, intensity of use, necessity for public services to operate the use and traffic management to safeguard the property rights of all individuals and the health, safety, and general welfare of the community.

(Ord. 3273. Passed 5-9-24.)

1145.03 CONFLICT WITH DISTRICT STANDARDS

This chapter includes regulations governing minimum lot area, minimum lot width, and/or minimum yard dimensions and/or operating standards for certain land uses that are permitted with standards or conditionally permitted in the District Chapters, that differ from the development standards set forth in the district chapters. Wherever there is a difference between the provisions of the district regulations and the use-specific regulations, the provisions of Chapter 1145 shall prevail, unless clearly indicated differently in the regulations, or the Planning Commission determines features of a development plan, as proposed, to be equivalent to the requirement. However, in no case shall a deviation from the Municipal Standards and Specifications be granted.

(Ord, 3273. Passed 5-9-24.)

1145.05 COMPLIANCE WITH STATE LAW.

Whenever state law requires a use regulated by this Planning and Zoning Code to be registered, certified or licensed, compliance with such law shall be a condition precedent to zoning approval of such use.

(Ord. 3273. Passed 5-9-24.)

1145.07 DEVELOPMENT STANDARDS FOR CONDITIONAL AND P* USES IN RESIDENTIAL DISTRICTS.

Schedule 1145.07 regulates the minimum lot area, minimum lot width and minimum setback requirements for a principal or accessory building and parking area for a conditional and P* use in Residential Districts. Supplemental requirements pertaining to uses are imposed in Section 1145.11 Supplementary Use-Specific Regulations; and referenced in Schedule 1145.07, below.

Schedule 1145.07 Regulations for Conditional and P* Uses in Residential Districts
	Minimum Lot Regulations (1)				Minimum Building Setbacks (1)	Minimum Parking Setbacks (1)	Also See Section
Use	Area	Width	Front	Side	Front	Side/ Rear	Also See Section
Agriculture/ Forestry	10 acres	See 1145.11(b)			25 ft.	10 ft.	1145.11(b)
Bed & Breakfast	(2)	(2)	(2)	(2)	(2)	(2)	1145.11(e)
Cemetery	5 acres	400 ft.	See Sec. 1145	60 ft.	NP	20 ft.	1145.11(i)
Commercial recreation facility, indoors	2 acres (4)	200 ft.	50 ft.	30 ft.	NP	20 ft.	1145.11(k)
Commercial recreation facility, outdoors	5 acres (4)	400 ft.	50 ft.	40 ft.	NP (2)	10 20 ft.	1145.11(gg)
Community center	2 acres (4)	200 ft.	50 ft.	30 ft.	NP	20 ft.	1145.11(j)
Congregate care facility/Nursing home	5 acres (4)	400 ft.	50 ft.	40 ft.	NP	20 ft.	1145.11(l)
Day care facility, adult and/or child	1 acre	100 ft.	50 ft.	30 ft.	NP	20 ft.	1145.11(m)
Funeral Home, existing prior to 2020	(2)	(2)	(2)	(2)	NP	20 ft.	1145.11(q)
Group home, large	20,000 sq. ft.	100 ft.	40 ft.	20 ft.	40 ft.	10 ft.	1145.11(s)
Group home, small	(2)	(2)	(2)	(2)	(2)	(2)	1145.11(t)

Schedule 1145.07 Regulations for Conditional and P* Uses in Residential Districts
	Minimum Lot Regulations (1)				Minimum Building Setbacks (1)	Minimum Parking Setbacks (1)	Also See Section
Use	Area	Width	Front	Side	Front	Side/ Rear	Also See Section
Library	2 acres (4)	200 ft.	50 ft.	30 ft.	NP	20 ft.	1145.11(j)
Place of worship	2 acres (4)	200 ft.	50 ft.	30 ft.	NP	20 ft.	1145.11(i)
Public park/playground	None	None	(2)	30 ft.	NP	10 ft.	1145.11(j)
School (public or private) elementary/ secondary	2 acres (4)	200 ft.	50 ft.	30 ft.	NP	20 ft.	1145.11(ii)
Single-family dwelling, attached, development	(3)	(3)	(3)	(3)	(3)	(3)	1145.11(ll)
Single-family dwelling cluster infill development	(3)	(3)	(3)	(3)	(3)	(3)	1145.11(mm)
Two-family dwelling	21,000 sq. ft.	(2)	(2)	(2)	(2)	(2)	1145.11(oo)
Utility substation/distribution facility,	None (4)	None	(2)	30 ft.	NP	10 ft.	1145.11(pp)
Notes to Schedule 1145.07: (1) Uses shall comply with the standards in this Schedule or the zoning district standard; whichever is greater. (2) Shall comply with the standards set forth in Schedule 1133.05(a) for single-family detached dwellings in the zoning district in which the use is located. (3) Development regulations specified in Section 1145.11. (4) Parcel size devoted to the use shall not exceed 10 acres. (5) Permitted in existing dwelling units. NP = Not Permitted

(Ord. 3273. Passed 5-9-24.)

1145.09 CONDITIONAL AND P* USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS.

Schedule 1145.09 regulates minimum lot area and minimum lot width requirements for conditional and P* uses in the commercial and industrial districts. Supplemental requirements pertaining to such uses are included in Section 1145.11 (Supplementary Use-Specific Regulations) and referenced in Schedule 1147.09, below.

Schedule 1145.09 Regulations for Conditional Uses and P* Uses in the Commercial Districts
	Minimum Lot Regulations (1)
Conditional Use	Area	Width	Also See Section
Adult Businesses	(2)	(2)	1145.11(a)
Airport, Heliport	5 acres	200 ft.	1145.11(c)
Animal boarding facility with outside run	(2)	(2)	1145.11(d)
Animal day care/animal grooming with no outside facilities	(2)	(2)	1145.11(d)
Animal hospital/clinic	(2)	(2)	1145.11(d)
Bed and breakfast establishment	(2)	(2)	1145.11(e)
Brewery, Distillery, Winery Production Facility	(2)	(2)	1145.11(g)
Brewpub	(2)	(2)	1145.11(f)
Car wash	1 acre	150 ft.	1145.11(h)
Commercial recreation facility, outdoors	2 acres	200 ft.	1145.11(gg)
Community Center	1 acre	100 ft.	1145.11(j)
Community outdoor active recreation	2 acres	200 ft.	1145.11(gg)
Crematorium in association with a funeral home	(2)	(2)	1145.11(q)
Cultural Institution	(2)	(2)	1145.11(j)
Day care facility, child and/or adult	1 acre(3)	100 ft.(3)	1145.11(m)
Drive-thru facility in association with a permitted use	(2)	(2)	1145.11(n)
Drive-thru facility, freestanding	(2)	(2)	1145.11(n)
Entertainment Device Arcade	(2)	(2)	1145.11(o)
Equipment sales/rental/service (including agricultural implements)	1 acre	100 ft.	1145.11(p)

Schedule 1145.09 Regulations for Conditional Uses and P* Uses in the Commercial Districts
	Minimum Lot Regulations (1)
Conditional Use	Area	Width	Also See Section
Funeral home	20,000 sq. ft.	100 ft.	1145.11(q)
Gasoline station	1 acre	150 ft.	1145.11(r)
Group home, small	(2)	(2)	1145.11(t)
Hotel/Motel	(2)	(2)	1145.11(u)
Library	2 acres	200 ft.	1145.11(j)
Manufacturing using raw materials, including saw mill, asphalt plant, etc.	7 acres	250 ft.	1145.11(v)
Micro-Brewery, Micro-Winery or Micro-Distillery	(2)	(2)	1145.11(f)
Motor vehicle service station	1 acre	125 ft.	1145.11(y)
Motor vehicle or boat repair garage	2 acres	200 ft.	1145.11(w)
Motor vehicle sales and leasing (including boats)	2 acres	200 ft.	1145.11(x)
Multi-family development	(2)	(2)	1145.11(z)
Office, medical/dental/health services office/clinic	(2)	(2)	1145.11(u)
Outdoor dining associated with a permitted principal use with a commercial grade kitchen	(2)	(2)	1145.11(aa)
Outdoor display of merchandise in association with a permitted use	(2)	(2)	1145.11(bb)
Outdoor storage of fleet vehicles and equipment related to the primary business	(2)	(2)	1145.11(dd)
Outdoor storage of goods and materials related to primary business	(2)	(2)	1145.11(cc)
Parking garage, commercial	2 acres	200 ft.	1145.11(ee)
Place of worship	2 acres (3)	200 ft. (3)	1145.11(j)
Plant nursery/greenhouse	2 acres	200 ft.	1145.11(ff)
Restaurant	(2)	(2)	1145.11(u)
Retail establishment in enclosed building	(2)	(2)	1145.11(u)

Schedule 1145.09 Regulations for Conditional Uses and P* Uses in the Commercial Districts
	Minimum Lot Regulations (1)
Conditional Use	Area	Width	Also See Section
School, (public/private) college/university, trade or vocational	10 acres	300 ft.	1145.11(hh)
School, (public/private) elementary/secondary	2 acres	200 ft.	1145.11(ii)
Scientific research, development, training & testing facility	(2)	(2)	1145.11(jj)
Self-storage facility, indoor	2 acres	200 ft.	1145.11(kk)
Service establishment, personal	(2)	(2)	1145.11(u)
Single-family cluster infill development	(4)	(4)	1145.11(mm)
Theater, indoor	(2)	(2)	1145.11(k)
Transitional Supportive Housing	(2)	(2)	1145.11(nn)
Utility substation/distribution facility	none	none	1145.11(pp)
Warehouse	1 acre	100 ft.	1145.11(qq)
Wholesale sales & distribution	1 acre	100 ft.	1145.11(qq)
Notes to Schedule 1145.09: (1) Use shall comply with the standards in this table or the zoning district standard whichever is greater. (2) Shall comply with the regulations for the zoning district in which the use is located. (3) Regulation applies to uses located in a freestanding building on an individual parcel and does not apply to uses located in a multi-tenant building. (4) See specific regulations in referenced section.

(Ord. 3273. Passed 5-9-24.)

1145.11 SUPPLEMENTARY USE-SPECIFIC REGULATIONS.

This section provides supplementary site planning, development, and/or operating standards for certain land uses listed in Sections 1145.07 and 1145.09. The land uses and activities covered by this section shall comply with the applicable standards for the specific use, which, unless otherwise notes, are in addition to all other applicable provisions of this code including, but not limited to, parking, signs, landscaping, open space, etc.

(a) Adult Oriented Business. The following basic standards shall apply to adult entertainment and an adult oriented business (AOB) in the Industrial District:

(1) The AOB shall be located more than 1,000 feet from any property boundary line of a building which is used primarily for religious worship and related religious activities, school (public/private) elementary/secondary, park or playground, day care center, or neighborhood center. Measurement shall be made in a straight line without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult oriented business is conducted, to the nearest property line of the premises of a place of worship, school or other protected building or premises.

(2) The AOB shall be located more than 300 feet from any property boundary line of a residential zoning district, residential use, any structure that contains a residence or any boundary of a residential district in a township abutting the City of Chardon. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult oriented business is conducted, to the nearest property line of a lot devoted to residential use or structure or that contains a residence, or to the nearest boundary of an affected residential zoning district.

(b) Agriculture/Forestry.

(1) A building or other facility used to house or exercise livestock shall be located at least 200 feet from the boundary of a lot in a residential zoning district.

(2) The area used for the grazing of livestock shall be setback at least 100 feet from the lot lines.

(3) A principal or accessory building, other than a building or facility used to house or exercise livestock, shall have a minimum front setback of twenty five (25) feet, a minimum side setback of fifteen (15) feet, and a minimum rear setback of thirty (30) feet.

(4) An agricultural use shall properly manage animal waste and fertilizer, with local and state regulations and prevent a nuisance or health hazard to adjoining or nearby property owners.

(1) A landing facility shall be planned, located and constructed in accordance with all Ohio Department of Transportation (ODOT Office of Airports) and the Federal Aviation Administration (FAA) requirements and recommended design guidelines.

(2) A landing facility shall meet the fire suppression and safety standards of the City's Fire Prevention Officer. Written approval from the City's Fire Prevention Officer shall be submitted with a conditional use application.

(3) The site and the buildings and structures on the site shall be capable of accommodating the requisite landing strips, motor vehicle and emergency equipment access and parking, buffering and screening, and sufficient helicopter/aircraft parking spaces to allow the landing of approaching aircraft without delay.

(4) The minimum front, side, and rear setbacks for a building shall be fifty (50) feet.

A. For an airport: A landing strip, pad, or apron shall not be located within 500 feet of a residential district boundary, and setbacks shall be measured from the edge boundary of the landing facilities.

B. For a heliport: The minimum setbacks shall be 200 feet from the boundary line of an abutting residence or residential zoning district. All setbacks shall be measured from the edge of the landing pad.

C. The setbacks may be increased by the Planning Commission based upon the intensity of the use and upon consideration of factors such as the number of flights, hours of operation, number of aircraft, surrounding land uses in the area, and topography.

(5) All take off, landing and parking area shall be surfaced with concrete, asphalt or other approved dustless material.

(6) The conditional use application shall include:

A. Approach and departure flight path site plans showing proposed flight path locations, widths, lengths, slopes and other necessary details.

B. Information about the airport and/or heliport operation, such as the hours of operation; the number, type and size of aircraft expected to use the site; maximum number of airplane/ helicopter take offs and landings on a daily, weekly, and annual basis; the purpose of the flights and any resulting public benefits.

(d) Animal Boarding Facility with Outside Facilities; Animal Hospital/clinic; Animal Day Care/animal Grooming Facility with No Outside Facilities.

(1) When permitted, outdoor areas devoted to a kennel and run shall:

A. Be located in the rear yard;

B. Have a minimum side setback of thirty (30) feet and a minimum rear setback of fifty (50) feet;

C. Have a minimum setback of 200 feet from any residential zoning district boundary; and,

D. Have a maximum area equal to twenty-five percent (25%) of the gross floor area of the principal building.

(2) Within the required setbacks, screening shall be provided pursuant to Section 1153.11 (Buffering and Screening Between Districts and Uses).

(3) The facility shall be operated in accordance with all applicable State of Ohio and Geauga County Health Department regulations.

(4) The facility shall properly manage animal waste, in compliance with local and state regulations, and control noise to prevent a nuisance or health hazard to adjoining or nearby property owners.

(e) Bed and Breakfast Establishment.

(1) A building erected, enlarged or modified to accommodate a bed and breakfast shall maintain the appearance of a single family residence. A sleeping room shall not have direct entrance or exit to the outside of the building. Emergency exits are permitted when required by the City's Fire Prevention Code.

(2) The applicant must demonstrate that the use and appearance are compatible with the neighborhood, will not disrupt the traffic circulation, will not create noise, and that sufficient parking is available.

(3) Exterior lighting shall be typical for a single family residence, compatible with the surrounding neighborhood and comply with Section 1153.25 (Lighting Regulations).

(4) Deliveries of food and other items shall be made at the rear of the building.

(f) Brewpubs and Micro Production Facilities, Including Micro-brewery, Micro-distillery, Micro-winery.

(1) Each brewpub or micro production facility shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and the Bureau of Alcohol, Tobacco and Firearms (ATF), and shall maintain current licenses as required by each agency.

(2) Brewpubs:

A. A minimum of fifty percent (50%) of the gross floor area of the brewpub shall be devoted to restaurant use for on-site consumption of food and beverages, including the kitchen and seating area, but not including any outdoor dining area.

B. The area used for on-site production, including but not limited to manufacturing, bottling and storage, shall not exceed fifty percent (50%) of the total floor area of the entire facility or 8,000 square feet, whichever is less.

(3) Micro production facilities in the C-3 District shall provide a minimum of 1,500 square feet devoted to on-site retail sale, restaurant or tasting room for the on-site consumption of products produced on the premises.

(4) Each brewpub and micro production facility shall be architecturally compatible with the surrounding commercial uses.

(5) No brewing equipment or storage of materials shall be permitted on the exterior of the building, except as otherwise permitted for outdoor storage in the district in which the use is located.

(6) The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted.

(7) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial uses.

(8) In the Industrial District, the facility shall have frontage on an arterial or collector street.

(9) Each facility shall maintain copies of all reports filed with the Bureau of Alcohol, Tobacco and Firearms (ATF) and shall be able to demonstrate, upon request of the City, that they have not exceeded the annual beverage production limit for the facility in any twelve (12) month period.

(g) Brewery, Distillery, Winery Production Facilities. Such production facilities shall be permitted to have accessory tasting rooms, and on-site retail sales provided the floor area dedicated to such accessory uses does not exceed ten percent (10%) of the total building floor area, or 4,000 square feet, whichever is less. This limitation shall not apply when the facility has frontage on an arterial or collector street.

(h) Car Wash.

(1) A car wash shall be located on an arterial or collector street to limit the interference and disruption to pedestrian and vehicular traffic.

(2) A loudspeaker or vacuum system, if requested, shall be included in the conditional use application and approval in the conditional use certificate.

(3) Access drives shall be located on the site at the maximum, feasible distance from existing intersections to reduce traffic congestion and restricted turning movements.

(i) Cemetery.

(1) Interior drives as shown on the approved development plan shall be installed to accommodate development progress.

(2) Sufficient parking spaces shall be provided throughout the cemetery to maintain uninterrupted traffic flow on the interior drives.

(3) No gravesite shall be located within fifty (50) feet of a public street, right of way or boundary line of a residence.

(4) No mausoleum shall be located within 100 feet of a public street, right of way or boundary line of a residence.

(j) Community Center; Cultural Institution; Library; and Place of Worship.

(1) A convent, faculty residence, cafeteria, field house, or infirmary may be located on the same site as the principal use and shall comply with the building setback requirements for a principal building.

(2) The Planning Commission may require an outdoor children's activity area to be enclosed by a fence or wall at least five (5) feet but no more than six (6) feet high. An entry gate shall be provided and be capable of being securely fastened.

(3) The development plan shall show the emergency entrances or exits.

(4) In order to minimize the adverse effects of the above uses, the Planning Commission may require noise reduction measures additional to those required by the Code to maintain the prevailing noise level of permitted uses in the zoning district. The Planning Commission may limit the hours and days of operation so that the use is compatible with surrounding land uses.

(5) In Residential Districts:

A. The use should be located on an arterial or collector street or provide direct access to an arterial or collector street to reduce vehicle traffic on local streets and in residential neighborhoods.

B. Access drives shall be located on the site or the maximum, feasible distance from an intersection for traffic safety and to reduce traffic congestion and restricted turning movements.

C. Activities, programs and other events shall be properly supervised to prevent injuries to persons and disturbance or nuisance to surrounding properties, residents or to the community in general.

D. A day care center, adult or child use may be permitted as an accessory use to a place of worship or a school facility.

(6) In the R-1 Residential District.

A. The maximum lot coverage shall be forty-five percent (45%).

B. No outdoor activity area, such as a swimming pool, ball field, tennis or basketball court, or skateboard facility shall be permitted on a parcel less than three (3). An outdoor activity area shall be setback at least forty (40) feet from a side or rear lot line. An outdoor activity area shall be located behind the rear building line. Where exterior lighting of an outdoor activity area is proposed, evergreen trees with a minimum height of six (6) feet at planting shall be required to screen abutting residential lots.

(k) Commercial Recreation Facility, Indoors; Theater, Indoors.

(1) The use shall not generate noise beyond the premises above the prevailing noise levels of permitted uses in the zoning district.

(2) The Planning Commission may require additional noise reduction measures to maintain the prevailing noise level in the zoning district. A building in which dance floor or live entertainment is provided shall be located a minimum of 100 feet from a residential district boundary line.

(3) The Planning Commission may limit the hours of operation so that the use is compatible with commercial activity of the surrounding uses.

(4) Points of ingress and egress to the site shall be limited, located to promote safety and efficient traffic circulation, and reduce the impact of traffic from the use on the surrounding area.

(5) Retail sales activity that is usual and customary to the use is permitted as an accessory use and incidental to the principal use. Examples are an office and the retail sale of refreshments, food, or souvenirs.

(6) The use shall be located on an arterial or collector street or provide direct access to an arterial or collector street.

(l) Congregate Care Facility/Nursing Home.

(1) A congregate care facility may be one or more of the following residential facilities:

A. Independent living with congregate dining facilities;

B. Congregate living;

C. Assisted living; or

D. Nursing care.

(2) The use shall be located on an arterial or collector street or provide direct access to an arterial or collector street outside a residential neighborhood to reduce the traffic impact on a residential area.

(3) The development plan shall show the emergency entrances or exits.

(m) Day Care Facility, Child or Adult.

(1) For the protection of children and adults enrolled in a day care center, a fence or wall at least five (5) feet high and a maximum of six (6) feet shall enclose all outdoor activity areas. The entry gate shall be capable of being securely fastened.

(2) The drop off and pick up locations shall not impede the flow of traffic on or off the site.

(3) The use shall be designed and located to protect the children and adults from the traffic, noise, and other hazards of the area.

(4) A day care center for children shall comply with the following:

A. An outdoor play area equal in size to the ground floor area of the day care facility is required. The outdoor activity area shall not be located closer than forty (40) feet to the boundary of a residence or a residential zoning district boundary.

B. Play structures and similar apparatus shall not be located closer than fifty (50) feet to a residence or residential property zoning district boundary.

(5) In the Industrial District, a day care use is allowed when the use is:

A. Part of a multi use building; or,

B. The principal use in a building, and the building is one of several buildings in which the principal uses are uses permitted by right (P*) in the Industrial District.

(n) Drive thru Facility in Association with a Permitted Use; Freestanding Drive thru Facility.

(1) The use shall be located on an arterial or collector street and on the location of the lot which will be least disruptive to pedestrian and vehicular traffic.

(2) A loudspeaker system, if requested, shall be approved as part of the development plan.

(3) Access drives shall be located on the site at the maximum, feasible distance from an intersection to reduce traffic congestion and restricted turning movements.

(o) Entertainment Device Arcade.

(1) The City shall consider the impact that the use will have on the adjacent properties, such as lighting, noise, signs, traffic and parking.

(2) All activities associated with the use shall be conducted in an enclosed building.

(3) The use may be accessory to another permitted use (P), permitted use with supplemental regulations (P*) or conditional use (C). The area of the premises upon which the entertainment device arcade is operated shall comply with the Planning and Zoning Code and Chapter 745, Entertainment Device Arcade.

(4) All entertainment devices on the premises shall be identified in the application by manufacturer and serial number and listed in the approved zoning certificate.

A. The premises shall be located more than 100 feet from a place of worship, a public or private school, public park or playground, child care center or neighborhood center. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building, or structure or wall of the tenant space where an entertainment device arcade is conducted to the nearest property line of the premises of a place of worship, public or private school, social service facility or neighborhood center, or to the nearest boundary of a public park or playground.

B. The use shall be located more than 150 feet from the closest boundary of a residential district within the City of Chardon, or any structure that contains a residence, or the closest boundary of a residential district or use in a political subdivision abutting the City. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building, structure or the wall of a tenant space where an entertainment device arcade is conducted to the nearest property line of a residential district "boundary" district or to a structure with a residential use in a non residential district.

C. The proposed use shall be located more than 200 feet from another licensed entertainment device arcade. The distance shall be measured in a straight line, without regard to intervening structures or objects, from the closest external wall of the structure in which each entertainment device arcade is located.

(p) Equipment Sales/rental/service (Includes Agricultural Implements).

(1) Parking areas, storage areas, maneuvering lanes and access ways to public streets shall be designed and maintained to prevent interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.

(2) Repairs, sales, and rental activities shall be conducted within an enclosed building.

(3) No equipment, parts, unlicensed or inoperative motor vehicles shall be parked or stored for more than thirty (30) days.

(4) The Planning Commission may require natural or man made barriers to be installed to reduce the impact of the use and the visibility thereof on an adjacent residential area. The Planning Commission shall consider the proximity of residential uses and the location and classification of surrounding land uses when deciding what barriers shall be installed.

(5) The outdoor storage of equipment, materials and/or vehicles for sale, rental or service, shall be located in a rear yard in compliance with the building setback requirements, unless the Planning Commission determines placement in a side yard will reduce the impact on adjacent residential uses.

A. When regulated as a conditional use, the Planning Commission may limit the types of materials, equipment, and vehicles permitted to be stored outdoors.

B. The area devoted to outdoor storage shall be entirely enclosed by a fence or wall. Items stored therein shall not be piled or stored higher than the top of the fence or wall.

C. The area devoted to outdoor storage shall be paved with asphalt or concrete, and maintained free from dust. The Planning Commission may grant a variance from the paving requirement if the applicant demonstrates that dust will be adequately controlled and the storage area will have little vehicular traffic.

(6) No outdoor display shall be permitted between the front wall of the principal building and the adjacent public street. Temporary displays shall be permitted ten (10) days each month.

(7) Equipment or vehicles with a boom shall be stored or displayed with the boom at its lowest elevation.

(q) Funeral Home; Crematorium.

(1) All activity shall be conducted inside the buildings except organizing the funeral processions.

(2) No vehicle stacking for the funeral procession is permitted in a public right of way.

(3) Funeral homes regulated as a conditional use shall comply with the following:

A. Applicants shall clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

B. The hours of operation may be restricted.

(4) Exterior lighting shall be compatible with the lighting of the surrounding neighborhood.

(5) Ingress and egress to the site should be limited and located to maximize safety and efficient traffic circulation and minimize the impact of the use on a surrounding residential neighborhood.

(6) A loading area shall be located to reduce the impact of the use on surrounding residential neighborhoods. Sufficient screening meeting the standards of Chapter 1153, Landscaping, Buffers and Lighting Regulations, shall be provided to screen and diffuse noise impacts on adjacent residences.

(7) A crematorium in association with a funeral home shall comply with the following:

A. Any person who engages, in whole or in part, in the cremation shall be licensed by the Board of Embalmers and Funeral Directors as provided in Ohio R.C. Chapter 4717.

B. The operator, owner or any other person involved in the crematory operation shall obtain and show to Planning Commission any and all licenses required by Ohio R.C. Chapter 4717 or any other statute of the State of Ohio.

C. Access for the unloading of the remains to the crematory shall be in the interior of the crematorium.

D. Screening of the crematorium from adjacent properties may be required and a landscape plan approved by Planning Commission.

(r) Gasoline Stations.

(1) The only service permitted at a gasoline station shall be the dispensing of fuel, oil, air, and windshield wiper fluid and the sale of petroleum products and motor vehicle supplies.

(2) No inoperable or unlicensed motor vehicle, equipment, or parts shall be parked or stored outside for more than thirty (30) days.

(3) Vehicle parking areas, vehicle storage areas, maneuvering lanes and access ways to public streets shall be designed to prevent interference with the safe and convenient movement of vehicular and pedestrian traffic on the site and adjacent public rights of way.

(s) Group Home, Large.

(1) The architectural design and site layout of the large group home shall be compatible with adjoining land uses and the residential character of the neighborhood.

(2) No large group home shall be located within 1,000 feet from any other large group home. The distance shall be measured from the nearest property line of the property from which spacing is required to the nearest property line on which the large group home will be located, using a straight line, without regard to intervening structures or public rights-of-way.

(3) All activities, programs and other events shall be listed in the application and related to the conditional use. A change from the approved conditional use shall be reviewed and approved by the Planning Commission according to the procedures in Chapter 1115 (Conditional Use Procedures). All activities, programs and other events shall be adequately and properly supervised to prevent injury to persons and disturbance or nuisance to surrounding properties, residents, or to the community in general.

(4) The applicant shall document and represent in the submittal, and the City shall make a determination, that a sufficient number of qualified supervisors will be on duty in the home twenty-four (24) hours per day. A house supervisor or other paid staff shall not be counted as a resident of the large group home.

(5) The applicant shall comply with the parking regulations and provide on site parking spaces for visitors and the home supervisors. Parking areas shall be located behind the front building line.

(6) The group home facility shall comply with local fire safety and building code requirements for the use and level of occupancy.

(7) The applicant shall provide proof of certification, licensing and other required approval of the facility obtained from the State of Ohio before an occupancy permit is issued. Failure to maintain a current State of Ohio license, certification or other required approval shall result in immediate revocation of the conditional use approval.

(t) Group Home, Small.

(1) Occupancy of a small group home shall be for the exclusive use of citizens protected by the provisions of the federal Fair Housing Act Amendments of 1988 (FHAA), as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Ohio. A house supervisor or other paid staff shall not be counted as a resident of the small group home.

(2) Persons residing in a small group home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:

A. The resident intends to live at the dwelling on a continuing basis; and,

B. The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.

(3) The applicant shall comply with all standards that apply to single-family dwellings in the applicable district, and with local fire safety and building code requirements for the use and level of occupancy.

(4) The applicant shall provide proof of certification, licensing or other required approval of the facility obtained from the State of Ohio before a zoning compliance certificate is issued.

(u) Hotel/Motel, Medical/Dental/Health Services Office/Clinic, Restaurant, Retail and Personal Service Establishments in the Industrial District. The use shall be located on a lot that has frontage on an arterial or collector street.

(v) Manufacturing from Raw Materials, Such as a Saw Mill or Asphalt Plant.

(1) The outdoor storage of raw materials is prohibited. The outdoor storage of finished goods inventory shall be limited to twenty-five percent (25%) of the gross floor area of the principal building.

(2) Buildings and associated outdoor storage shall be setback:

A. A minimum of 300 feet from the boundary line of a residence or residential zoning district,

B. A minimum of 100 feet from a front, side or rear lot line, when not abutting a residence or residential zoning district.

(3) The facility shall be located on the site to reduce drifting odors on surrounding properties.

(4) An outdoor storage area shall be enclosed within a solid wall or fence that includes solid gates at least eight (8) feet high. Items stored therein shall not be piled or stored higher than the top of the fence or wall.

(5) Additional fences, walls or shrubs may be required by the Planning Commission, if necessary to adequately screen the outdoor storage area from adjoining residential zoning districts or public streets.

(w) Motor vehicle or boat repair garage.

(1) The City shall consider the environmental impact that the facility will have on the adjacent properties such as lighting, noise, outside storage, signs, traffic access, fumes, air pollution, dust, and vehicle storage; and the methods the applicant proposes to minimize adverse environmental impacts.

(2) All activities associated with the use shall be conducted in an enclosed building.

(3) No inoperable (junk) or unlicensed vehicle shall be parked or stored outside for more than thirty (30) days.

(4) Applicant shall provide the types and amount (volume or weight) of petroleum products and chemicals typically stored on site.

(5) Vehicle parking areas, vehicle storage areas, maneuvering lanes and access ways to public streets shall be designed to prevent interference with the safe and convenient movement of vehicular and pedestrian traffic on the site and adjacent public rights of way.

(x) Motor vehicle sales, and leasing.

(1) A service garage, leasing department and other activities customarily incidental to a full service, franchised motor vehicle dealer shall be permitted as accessory to the sale of motor vehicles provided the activities are conducted in an enclosed building.

(2) Only repair of automobiles customarily associated with automobile sales shall be permitted and shall be conducted inside a suitable building.

(3) No junk inoperable or unlicensed vehicle not displayed for sale shall be stored or parked outside for more than forty-eight (48) hours.

(4) Motor vehicles displayed for sale shall be parked on a hard surface that complies with the minimum parking setbacks.

(y) Motor Vehicle Service Station.

(1) A motor vehicle service station shall not provide services to motor vehicles that exceed one and one half (1 ½) tons in capacity.

(2) All activities, except dispensing fuel and self serve automobile vacuum, air and car wash, shall be conducted within a building or garage.

(3) All hydraulic hoists, oil pits, and all lubricants, greasing, vehicle washing and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.

(4) No junk inoperable or unlicensed vehicle not displayed for sale shall be stored or parked outside for more than forty-eight (48) hours.

(z) Multi-family Developments.

(1) Applicants must clearly demonstrate that the use will be compatible with the surrounding uses, particularly with regard to traffic circulation, parking, and appearance.

(2) Vehicular entrances to the multi-family development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood.

(3) Multi-family developments in a C-3 or C-4 District shall meet all requirements of the R-4 District and all other sections of this code applicable to multi-family development.

(4) The Planning Commission may limit the size of the multi-family development if determined necessary to further the goals of the Comprehensive Plan.

(aa) Outdoor Dining Associated with a permitted principal use with a commercial grade kitchen.

(1) General Requirements. Outdoor dining shall be permitted as an accessory to a restaurant use with the following conditions:

A. The outdoor dining area shall be located contiguous to the principal building the dining is connected with or between the principal building the dining is connected with and an adjacent parking area. Outdoor cafes and food service areas shall not be located in such a manner as to require customers and employees to cross driveways or parking areas to go between the café/food service area and the principal building.

B. The outdoor dining area shall comply with the building setback regulations for the zoning district in which it is located.

C. The restaurant that the outdoor dining facility is accessory to shall provide, prepare, or serve the food and beverages consumed by patrons within the outdoor dining area.

D. The outdoor dining area shall not be located within ten (10) feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, or loading zone.

E. Tables, chairs and furnishings shall not obstruct nor interfere with pedestrian movement on a sidewalk, ingress to or egress from a building, or otherwise interfere with the efficient and safe movement of pedestrians along sidewalks or pedestrian and vehicle traffic in parking areas or on City streets, alleys, rights of way or municipal property.

F. The restaurant shall obtain and post permits required for outdoor food handling and shall comply with state and local health and sanitation regulations.

G. Outside entertainment, including but not limited to a band, orchestra, musician, singer, radio, television, loudspeaker, microphone, individual, group or other amplifying mechanical device is prohibited in the outdoor dining area if the noise disturbs surrounding property owners.

(2) Permit Application.

A. A Zoning Certificate for outdoor dining shall be issued by the Community Development Administrator.

B. The applicant shall submit to the Community Development Administrator a plan showing the sidewalk, curb and public improvements, fixtures and movable items such as light posts, benches, planters, trash receptacles, fences, trees and tree grates, bicycle racks, and newspaper boxes with the dimensions of the outdoor dining area and location of the foregoing. The diagram shall depict the proposed location of outdoor dining furniture and other equipment within the outdoor dining area.

(3) Requirements for Outdoor Dining in the Public Right of Way. Outdoor dining is permitted on a public sidewalk by revocable license of Council with terms and conditions regulating the outdoor dining use, including the following:

A. A Zoning Certificate for outdoor dining shall be issued for one (1) calendar year and renewed annually thereafter. No fee shall be charged for the certificate or the renewal.

B. The Zoning Certificate permitting outdoor dining must be issued or renewed prior to setup or use of a public sidewalk for outdoor dining.

C. The sidewalk within the outdoor dining area and the vicinity thereof shall be maintained in a sanitary manner at all times. Food scraps, beverage cups and other waste shall be promptly removed and placed in refuse containers. Sweeping refuse or food scraps into a tree grate, street gutter, or storm sewer is prohibited. The sidewalk shall be washed as needed to remove food and drink residue.

D. The outdoor dining area shall not obstruct nor interfere with pedestrian or vehicular traffic or with access to parked vehicles. The outdoor dining area shall not reduce sidewalk access to less than four (4) feet in width between the dining area and a tree, light post, sign pole, bench, planter, trash receptacle, fence, bicycle rack, newspaper box or other object in or on the sidewalk.

E. Tables, chairs and equipment shall not be attached or affixed to the sidewalk, a pole or other public facility without written approval from the City Manager.

F. Outdoor dining shall be permitted between 7:00 a.m. and 12:00 a.m. from April 1 to November 1 each year.

G. The restaurant owner, restaurant manager and property owner shall each provide at their sole cost and expense, and shall maintain in effect during the entire period of the permit, the following insurance coverages:

1. Workers' Compensation insurance;

2. A comprehensive commercial liability insurance policy naming the City of Chardon as an additional insured, including owner's protective liability insurance and contractual liability insurance covering claims for personal injury and property damage with limits of at least one million dollars ($1,000,000) per occurrence (combined single limit); and additionally, when liquor is to be consumed in the outdoor dining area, a liquor liability insurance policy naming the City of Chardon as an additional insured with limits of at least one million dollars ($1,000,000); and with the condition that neither policy shall be changed or canceled until thirty (30) days after written notice thereof has been given to the City.

H. The restaurant owner, property owner and restaurant manager shall each execute an agreement to hold harmless, indemnify, and defend the City of Chardon from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorneys' fees, which may in any way arise out of, result from or be connected with the granting of a Zoning Certificate permitting outdoor dining or from any act or failure to act by the property owner, restaurant owner or restaurant manager, their agents or employees.

I. The Community Development Administrator shall issue a certificate authorizing the accessory use following the grant of a license by Council. Outdoor dining in the public right of way is a privilege. Council may terminate the license for an outdoor dining area upon the operator=s failure to comply with the terms and conditions of approval or failure to comply with municipal ordinances, standards and specifications. The City Manager may temporarily suspend the operation of an outdoor dining area if the City needs the entire sidewalk area for a community activity such as a scheduled festival, parade, march, or demonstration protected by the First Amendment; for repairs to the street or the sidewalk; or during an emergency.

(bb) Outdoor Display of Merchandise, in association with a permitted use.

(1) This section does not apply to a motor vehicle sales establishment.

(2) Only merchandise offered by the principal retail business located on the premises shall be permitted to be displayed outdoors, and such sales shall be conducted by the owner or employees of the principal retail business.

(3) The outdoor display and sale of merchandise shall be limited to those items that a customer can pick up and carry into the building for purchase. Larger items displayed for sale shall comply with the regulations for Outdoor Storage of Goods and Materials in Section 1145.11(cc).

(4) No outdoor display or outdoor sales shall be permitted when the principal building is vacant.

(5) Outdoor Display in front of building.

A. The area of the accessory outdoor display shall not exceed 200 square feet.

B. The outdoor display area located in front of the building shall not be located within the required building setback for the district in which the use is located.

(6) Outdoor Display in a side yard.

A. The area of the accessory outdoor display shall not exceed fifteen percent (15%) of the ground floor area of the principal retail business on the lot. The Planning Commission may grant a variance to this requirement when the ground floor area is 5,000 square feet or less.

B. The outdoor display area located in a side yard shall comply with the required side building setback, for the district in which the use is located.

(7) The outdoor display area shall not be located in an area intended for vehicular traffic and pedestrian circulation or parking as identified on the approved development plan; and shall not interfere with or obstruct vehicular or pedestrian traffic. A minimum of five (5) feet of the sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.

(8) Temporary structures may be erected in association with a seasonal outdoor display when located in compliance with the required building setbacks and specifically authorized during plan review.

(8) The outdoor display and sales areas shall be maintained in good order and appearance.

(9) An outdoor display area and all associated temporary structures shall be shown on the development plan and approved as part of a development plan review pursuant to Chapter 1111 (Development Approval Process).

(cc) Outdoor Storage of Goods and Materials Related to the Primary Business.

(1) Only goods, materials, or products sold or used as part of the principal use shall be permitted to be stored outside.

(2) Limitations on materials stored:

A. The outdoor storage of radioactive, toxic or hazardous materials shall be prohibited.

B. The outdoor storage of raw materials shall be prohibited, except as allowed in subsection C below.

C. The bulk storage of sand, gravel, salt and similar materials shall be permitted only when such material is contained to prevent spreading.

D. Whenever specific outdoor storage regulations are included in this section for a particular use, those regulations shall govern.

(3) The area devoted to outdoor storage of materials and general merchandise for sale shall be limited to an area equal to twenty-five percent (25%) of the gross ground floor area of the principal building.

(4) An outdoor storage area shall be located in a side yard or rear yard only in compliance with the regulations of this section. Outdoor storage shall not be located in a front yard.

(5) In a commercial district, an outdoor storage area located in a side yard shall comply with the following:

A. Be located in compliance with the principal building setback requirements for the district in which the use is located, and be no closer to the street than the front of the principal building;

B. Be contiguous to the principal building; and

C. Be enclosed with an opaque wall or fence with access secured by an opaque gate. The wall or fence shall have a minimum height of fourteen (14) feet and be designed as an integral part of the principal building.

D. Bulk items and items stored on pallets shall be completely screened from view from a public street.

(6) In a commercial district, an outdoor storage area located in a rear yard shall comply with the following:

A. Be located in compliance with the parking setback requirements for the district in which the use is located;

B. Be located behind the principal building; and

C. Shall not be visible from a public street unless the storage area is located on a corner lot.

D. Goods and materials stored outdoors shall be enclosed with an opaque wall or fence with access secured by an opaque gate. The height of the fence or wall shall not exceed six (6) feet. The opaque wall or fence and gate shall be structurally sound and maintained in good condition.

E. Items stored therein shall not be stored higher than the top of the fence or wall, unless specifically authorized by the Planning Commission for a conditional use.

(7) In the industrial district, an outdoor storage area located in a side or rear yard shall comply with the following:

A. Be located a minimum of twenty (20) feet from a side or rear lot line abutting a nonresidential district

B. Be located a minimum of fifty (50) feet from a side or rear lot line abutting a residential district.

C. The outdoor activity area shall be enclosed with a wall or fence with one (1) or more gates.

(8) Stored materials shall be accessible to fire fighting equipment at all times.

(9) The area devoted to outdoor storage shall be paved with asphalt or concrete, and maintained free from dust. The Planning Commission may grant a variance from the paving requirement if the applicant demonstrates that dust will be adequately controlled and the storage area will have little vehicular traffic.

(10) A area devoted to outdoor storage shall be included in the development plan and approved as part of the development plan review pursuant to Chapter 1111 (Development Approval Process).

(dd) Outdoor Storage of Fleet Vehicles and Equipment Related to the Primary Business. The outdoor storage of vehicles and equipment shall be permitted only as accessory to a permitted use:

(1) The stored vehicles or equipment shall be necessary to, customarily associated with, and used on a regular basis by the principal use of the premises.

(2) All stored vehicles and equipment shall be operable, and vehicles shall have a current vehicle registration.

(3) Location and Setbacks.

A. In the Special District, the outdoor storage area for vehicles and equipment shall be located in a rear yard in compliance with the parking setbacks in Schedule 1131.05, behind the principal building and not visible from a public street.

B. In a Commercial District, the outdoor storage area for vehicles and equipment shall be located in a rear yard in compliance with the parking setbacks in Schedule 1139.05(b), behind the principal building and not visible from a public street unless the outdoor storage is located on a corner lot.

C. In the Industrial District, the outdoor storage of fleet vehicles and equipment shall be located in a side or rear yard, in compliance with the parking setbacks in Schedule 1139.05(b).

(4) Fleet vehicles and equipment shall be stored within an opaque wall or fence with access secured by an opaque gate. The wall or fence shall be of sufficient height to conceal the vehicles and equipment therein from the view of an observer standing at grade on an abutting residential district line. The height of the fence or wall shall not exceed six (6) feet. The solid wall or fence and the gates shall be structurally sound and maintained in good condition. Barbed or razor wire is prohibited.

(5) Stored vehicles and equipment shall be accessible to fire fighting equipment at all times.

(6) An area devoted to outdoor storage of fleet vehicles and equipment shall be paved with asphalt or concrete, and maintained free from dust. The Planning Commission may grant a variance from the paving requirement if the applicant demonstrates that dust will be adequately controlled and the storage area will have little vehicular traffic.

(7) An outdoor storage area for fleet vehicles and equipment shall be shown in the development plan and approved as part of a development plan review pursuant to Chapter 1111 (Development Approval Process).

(ee) Parking Garage.

(1) A parking garage shall comply with the building setbacks in Schedule 1139.05(b). In the C 2 District, the Planning Commission may decrease the maximum setback if the retail use matches an adjacent existing building setback and such development in the area is consistent with the City's Comprehensive Plan.

(2) The applicant shall demonstrate that the use is compatible with the neighborhood, considering traffic circulation, parking areas, and appearance of the use. The hours of operation may be restricted as a condition of approval.

(3) The building shall be designed to be compatible with surrounding development. Considerations include design elements and architectural features that provide a varied and interesting façade on long building walls without an entrance or windows and design elements that enhance compatibility with the character of the zoning district.

(4) The building materials shall be compatible with the surrounding buildings and character of the neighborhood.

(5) The design and layout of the site on the sides facing a public street shall provide a varied and interesting façade. The ground floor shall be differentiated from the upper floors by recessing the upper floors; changing materials between the ground and upper floors; and including a continuous cornice line or pedestrian weather protection element, such as awnings. Facades shall be varied using one or more of the following methods: varying the arrangement, proportion or design of façade openings; incorporating changes in architectural materials, including texture or color; or projecting or recessing portions or elements of the façade.

(6) The landscaping on the site shall provide an appropriate transition to a residential zoning district, separate and buffer the building from an abutting residential zoning districts, and provide visual relief from building walls without openings.

(ff) Plant Nursery/greenhouse.

(1) The use shall be located on an arterial or collector road.

(2) Buildings, equipment, and other activities associated with the use shall be setback seventy-five (75) feet from a residence or residential zoning district boundary line fifty (50) feet from a street.

(gg) Recreation Facilities, Outdoor, Including: Commercial Recreation; Community Outdoor Active Recreation, including Public Swimming Pool; Pubic Park/playground; Golf Course (except Miniature Golf).

(1) The Planning Commission may require an active recreation area to be enclosed by a fence having a minimum height of five (5) feet and a maximum height of six (6) feet.

(2) The use shall not generate excessive noise, odor, dust or smoke beyond the premises above the prevailing levels from permitted uses in the zoning district. The Planning Commission may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to minimize noise and maintain the prevailing noise levels of permitted uses in the zoning district.

(3) Rifle ranges, pistol and skeet shooting ranges, and other activities involving the use of firearms shall not be permitted (see Codified Ordinance Section 549.16).

(4) All activities, programs and other events shall be identified in the application and listed in the approved zoning certificate and shall be adequately and properly supervised to prevent personal injury, property damage and disturbance or nuisance to surrounding properties, residents or to the community in general.

(5) An adequate number of public restrooms shall be provided and maintained.

(6) Vehicular approaches shall be designed to reduce traffic congestion and interference with traffic on surrounding public streets or roads.

(7) Golf courses, including tees, fairways, greens and golf driving ranges, shall be designed and landscaped in a manner to reduce the likelihood of an errant ball landing outside the boundary of the golf course.

(8) Retail sales activity that is usual and customary to the use is permitted as an accessory use and incidental to the principal use. Examples are an office and retail sale of food, beverages, golf equipment, accessories, clothing, shoes and the like.

(9) Swimming pools shall comply with the following additional requirements:

A. Pools shall be adequately fenced to prohibit unauthorized access to the facility.

B. Pools and their enclosures shall comply with the building setback requirements for the zoning district in which the pool is located.

C. The fenced pool enclosure shall be locked whenever the pool is not in use.

(10) For conditional uses, the Planning Commission may limit the maximum lot coverage of accessory buildings and lounging and deck areas, and the hours of operation so that the use is compatible with the surrounding uses.

(hh) School, (Public/Private) College/University, Trade or Vocational.

(1) The use should be located to minimize the amount of space located in a retail setting that is inactive during normal business hours. Such establishments are encouraged to have associated retail uses located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district.

(2) The applicant must demonstrate that the use is compatible with the surrounding land uses, considering traffic circulation, parking area and appearance of the use.

(3) Points of ingress and egress to the site may be limited and shall be located to promote safety and efficient traffic circulation, and reduce the impact of traffic generated by the use on the surrounding area.

(4) All activities, programs, and other events shall be identified in the application, related to the approved conditional use and shall be adequately supervised and monitored to prevent injury to persons, damage to property and disturbance or nuisance to surrounding properties, residents, or to the community in general.

(5) Building and roof design. The building and roof shall be designed to be compatible in architectural design and style with surrounding neighborhood. Considerations include, but are not limited to, design elements and architectural features such as entrance pediment and side lites, window type, building corner trim, cornice details, rooflines and number of stories.

(6) Building materials. The materials used for buildings, roofs, fences and other structures shall be compatible with the surrounding built environment, structures and the character of the neighborhood.

(7) Facades facing public streets. The design and layout of the side of building walls facing the street shall provide a varied and interesting facade. Considerations include the use of setbacks, building placement, roof design, variations in materials and building walls and other structural design and architectural elements.

(8) Landscaping. Landscaping shall provide appropriate transition from commercial to residential uses; separate and buffer the buildings from other uses, especially abutting residential zoning districts; and provide visual relief from building walls without openings.

(ii) School, (Public/Private) Elementary/Secondary.

(1) General Requirements.

A. The use should be located on an arterial or collector street or provide direct access to an arterial or collector street to reduce the traffic impact on local streets and residential neighborhoods. An elementary school may be located on a local street provided that sufficient evidence is supplied with the application that demonstrates a majority of students are within walking distance of the elementary school.

B. All access drives shall be located on the site at the maximum, feasible distance from existing intersections to maximize traffic safety and reduce traffic congestion and restricted turning movements.

C. Recurring activities, programs and other events shall be listed on the application. Activities shall be adequately and properly supervised to prevent injury to persons, damage to property and disturbance or nuisance to surrounding properties, residents or to the community in general. A new application shall be submitted if additional activities are proposed.

D. The front wall of the building shall include the principal entrance and face the public street.

E. A pedestrian walkway shall be provided from the public sidewalk to the principal entrance.

(2) Requirements in the R-1, R-2 and R-3 Residential Zoning Districts.

A. The maximum lot coverage shall be fifty percent (50%).

B. Parking shall be located behind the front line of the principal building. This requirement may be varied when the shallow depth of a parcel, the location of existing mature trees, or other conditions exist which create a practical difficulty.

C. The applicant shall demonstrate that the use is compatible with the neighborhood, considering traffic circulation, parking areas, and appearance of the use.

D. Exterior lighting shall comply with Section 1153.19.

E. The exits and entrances to the site may be limited and shall be located to promote safety and efficient traffic circulation, and reduce the impact of traffic generated by the use upon the surrounding residential neighborhood.

F. The scale, size and design of the building shall be compatible with the surrounding residential neighborhood.

(jj) Scientific Research, Development, Training or Testing Facility.

(1) The use shall be located on a lot with frontage on an arterial or collector street.

(2) The principal activities of the use shall occur within an enclosed building.

(3) Where the site is adjacent to a residential zoning district, hours of operation may be restricted.

(4) No exterior odor, dust, noise, or other impacts shall be produced as a result of the use. The Planning Commission may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to minimize noise and to maintain the prevailing noise levels of permitted uses in the zoning district.

(kk) Self Storage Facility, Indoor.

(1) The standard leases for rental of a self storage units shall include clauses prohibiting the following:

A. The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.

B. The self-storage unit shall be used only for storage.

C. No activities, such as the sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials shall be conducted from the self storage units.

(2) The size of each storage unit shall not exceed 500 square feet.

(3) The uses should be located on an arterial or collector street.

(4) No storage unit door opening shall face a residential zoning district.

(5) The Planning Commission may waive or vary the regulation due to the shape of the parcel, the location of surrounding structures and utilities, the location of access points and other conditions which create a practical difficulty. If the Commission grants such a variance or waiver, a twenty (20) foot buffer yard shall be installed along the residential zoning district boundary in which a six (6) foot masonry wall shall be constructed.

(6) Ornamental fencing is permitted and encouraged in the front of the building. No fence shall be topped with electric, barbed or razor wire.

(7) All storage shall be within a completely enclosed building. The outdoor storage of inventory, materials, vehicles, merchandise or other personal property is prohibited.

(ll) Single-family Dwelling, Attached, Development. Attached single-family dwelling unit developments are permitted in areas where they are or may be appropriate and compatible with existing dwelling units on or near adjacent lots. The following standards are used to promote the efficient, economical, comfortable, and convenient use of land and open space; and provide an alternative to a conventional single-family development. A single-family attached dwelling unit development shall comply with the following requirements:

(1) No more than six (6) single-family attached dwelling units shall be constructed in one dwelling (building).

(2) An applicant must demonstrate by clear and convincing evidence that the multi-family residential use will be compatible with the surrounding area, including but not limited to the traffic circulation, parking, and appearance of the development.

(3) Minimum Project Site. The minimum project area requirement for an attached single-family dwelling development shall be three acres. .

(4) Maximum Density. The gross density shall not exceed five (5) dwelling units per acre.

(5) Minimum Setbacks. Dwellings shall comply with the following setbacks:

A. Wherever the perimeter abuts a public street, a minimum forty (40)-foot setback shall be provided.

B. Wherever the perimeter does not abut a public street, the minimum setback shall be thirty-five (35) feet from the side and rear lot line.

(6) Building Spacing. The minimum building separation shall be twenty-three (23) feet.

(7) Maximum Height. The maximum height of buildings in the development shall comply with Schedule 1133.05(c).

(8) The design, scale, and building materials shall be typical of a single-family residence.

(9) The height, size, building materials, window shape and arrangement, and roof pitch of the proposed units shall be architecturally compatible with the surrounding dwellings within an established residential neighborhood.

(10) Within the development, the front setbacks for adjacent units shall not be the same and shall vary a minimum of three (3) feet and a maximum of eight (8) feet.

(11) The front facade of each attached single-family dwelling unit shall be constructed with different building materials or have different architectural designs or treatments or both.

(12) Entrances from the public right-of-way to the attached single-family development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood. Parking spaces shall be located behind the front building setback line, provided an exception to this requirement may be granted due to depth of the lot, the location of mature trees, or other similar factors.

(12) Trash containers, recycling containers, and mechanical equipment shall comply with the screen requirements of Section 1153.13 (Screening of Accessory Uses).

(13) A subdivision plat shall be submitted with the development plan if the attached single-family dwelling units will be constructed on individual lots.

(mm) Single-family Cluster Infill Development.

(1) Purpose. The following standards promote the efficient and economical use of vacant parcels in residential neighborhoods by permitting single-family detached and attached units planned and designed as a cluster infill development.

(2) Project Site.

A. The project site shall be comprised of contiguous land that is not less than one acre, nor larger than five (5) acres;

B. Shall have a minimum of 100 feet of frontage on a public right-of-way; and

C. Shall be in one ownership, or if in several ownerships, the application shall be filed jointly by all owners of the properties included in the boundaries of the project site.

(3) Dwelling Types. Permitted dwelling unit types include:

A. Single-family detached units.

B. Single-family attached units, with no more than six (6) units attached in one building.

(4) Maximum Density. The gross density shall not exceed:

A. 2.5 dwelling units per acre in an R-2 District.

B. 2.9 dwelling units per acre in an R-3 District.

(5) Lot Requirements.

A. Ownership of land for individual dwelling units is permitted, but not required.

B. No minimum lot size is required, but the lot size and shape shall be sufficient to accommodate a dwelling unit in compliance with the spacing requirements of this Section.

C. Any land not owned by an individual dwelling unit owner shall be designated as common area and owned and controlled by the owner's association.

D. All fee simple lots, common areas, building site boundaries and building footprints that indicate where the dwelling unit and accessory structures such as decks and patios will be located, shall be shown on the development plan. The setbacks for each building location shall be shown to establish compliance with the spacing requirements of this Section.

(6) Dwelling Unit Requirements. Each dwelling unit shall comply with the minimum floor area for dwelling units in Section 1133.09 (Floor Area Requirements for Dwelling Units).

(7) Minimum Setbacks. Dwellings shall comply with the following setbacks:

A. Setback from Public Rights of Way. Setbacks equal to the minimum requirements in Schedule 1133.05(a) shall be provided along the perimeter of the project site that fronts upon a street.

B Side and Rear Setbacks. A setback equal to the minimum rear setback required in Schedule 1133.05(a) shall be provided along the perimeter of the project site that is not adjacent to a street.

(8) Minimum Spacing between Dwellings.

A. In order to ensure reasonable privacy and separation, the spacing between dwellings shall comply with the following:

1. Sixty (60) feet when one or both walls facing each other contains primary window(s) for a living area or has access to terraces, decks, or patios;

2. Twenty-five (25) feet when neither of the adjacent walls contains primary window(s) for a living area.

B. These distances may be reduced if/when the Planning Commission finds that adequate landscaping and screening ensures privacy between units, and that sufficient space is provided for the proper maintenance of the area, and for landscaping (including ground cover) to survive.

C. For the purposes of this section:

1. Living areas include the following rooms or spaces: bedrooms, dens, living rooms, great rooms, etc. Kitchen and dining areas are not subject to these requirements.

2. Primary windows are those windows on the wall of the living area that has the largest amount of area. When two (2) walls have equal window area, either wall may be considered as having the primary windows.

(9) Maximum Height. The maximum height of dwellings shall not exceed thirty-five (35) feet.

(10) Minimum Permanent Open Space and Common Land Requirements.

A. A minimum of ten percent (10%) of the project area shall be designated as permanent landscaped open space area, and preserved from future development according to this subsection.

B. Permanent Common Open Space. Land not designated for individual ownership shall be dedicated as common land, according to the following:

1. Legal instruments shall grant ownership and require perpetual maintenance of the common land by the developer, homeowners' association or other entity or organization approved by the City prior to final approval of the cluster development.

2. A Homeowners Association which takes title to common land shall comply with Section 1147.19 (Requirements for Homeowners Associations). Further division or development of common land shall be prohibited unless a Final Development Plan (FDP) is amended.

C. Privately Owned Permanent Open Space. As an alternative to common open space, the Planning Commission may determine that privately owned landscaped open space meets this requirement, according to the following:

1. Privately owned (fee-simple) open space shall be restricted from development by deed restrictions or open space easements that are clearly shown on the subdivision plat.

2. The Planning Commission may impose specific landscaping requirements and maintenance standards to ensure the permanent preservation of the open space.

(11) Additional Development Criteria.

A. An applicant must demonstrate by clear and convincing evidence that the cluster infill development will be compatible with the neighborhood, including but not limited to the traffic circulation, parking, and appearance of the development.

B. The design, scale, and building materials shall be typical of a single family residence.

C. The height, size, building materials, window shape and arrangement, and roof pitch of the proposed units shall be architecturally compatible with the surrounding dwellings within an established residential neighborhood.

D. Trash containers, recycling containers, and mechanical equipment shall comply with the screen requirements of Section 1153.13 (Screening of Accessory Uses)

E. For Attached Units:

1. The front setbacks for adjacent units shall not be the same and shall vary a minimum of three (3) feet and a maximum of eight (8) feet.

2. The front facade of each attached single family dwelling unit shall be constructed with different building materials or have different architectural designs or treatments or both.

3. Entrances from the public right of way to the attached single family development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood. Parking spaces shall be located behind the front building setback line, provided an exception to this requirement may be granted due to depth of the lot, the location of mature trees, or other similar factors.

(12) A subdivision plat shall be submitted with the development plan if any of the dwelling units will be constructed on individual lots or as condominium dwelling units.

(nn) Transitional Supportive Housing.

(1) The facility shall provide regular and ongoing services for residents, such as therapy, counseling, supervision and/or training, for the purpose of assisting residents in one or more of the following types of care:

A. Protection from abuse and neglect;

B. Developing skills and the personal stability that is necessary to adjust to life in the community; and

C. Treatment of the effects of substance abuse, even if under criminal justice supervision

(2) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a twenty-four (24)-hour, seven (7) days a week basis. All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.

(3) In order to prevent the concentration of such facilities, no transitional housing shall be located within 1,000 feet of any other transitional housing. Such distances shall be measured along a straight line from the corner of the building containing one facility to the nearest corner of the building containing the second facility.

(4) Prior to the issuance of a certificate of zoning compliance, the operator or agency shall provide evidence that a valid license, certification or other form of government approval has been obtained for the facility. If licensing or certification is not available, a verified affidavit so stating shall be presented. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the facility's conditional use approval.

(oo) Two-Family Dwelling. Two-family dwellings are restricted to locations where they are designed and located in a manner that is compatible with the existing residential neighborhood.

(pp) Utility Substation/Distribution Facility.

(1) A public utility structure, including a substation, shall be permitted as a conditional use only when the distribution of service from the use is essential to the immediate neighborhood or when topographical features restrict the location of such facility.

(2) Natural or man made barriers shall be constructed or installed to reduce intrusion of the use into and increase privacy in a residential zoning district.

(3) Materials and equipment shall be stored within a completely enclosed building.

(4) A substation, as measured from the outermost edge of the building or structure, shall be located at least fifty (50) feet from the boundary line of a residence or a residential zoning district.

(5) Wireless telecommunication facilities shall comply with Chapter 1143.

(qq) Warehousing, Wholesale Sales and Distribution.

(1) Retail uses accessory to the principal warehouse or wholesale sales and distribution use are permitted, provided the floor area devoted to retail sales does not exceed ten percent (10%) of the floor area of the principal building.

(2) Outdoor storage area shall be located in a side or rear yard, in compliance with the building setbacks in Schedule 1139.05(b), but not less than 100 feet from the boundary line of a residence or residential zoning district. The distance shall be measured from the outer edge of the required screening.

(3) The total area devoted to outdoor storage shall not exceed seventy-five percent (75%) of the gross ground floor area of the principal building.

(4) All areas devoted to retail sales and/or outdoor storage areas shall be shown in the development plan and approved as part of a development plan review pursuant to Chapter 1111 (Development Approval Process).

(Ord. 3273. Passed 5-9-24.)

1147.01 FAMILY DAY CARE HOME, TYPE B.

The Code recognizes that the availability of safe, affordable, high quality child day care is needed by parents and is important to the well being of children. The purpose of this section is to regulate the operation of child day care in a manner that preserves the residential character of the neighborhood. In accordance with Ohio R.C. 5104.054, any type B family day care home, whether certified by the county director of human services or not certified, is considered a residential use of property and is a permitted residential use in a zoning district where permitted.

(Ord. 3273. Passed 5-9-24.)

1147.03 FENCES AND WALLS.

The following requirements apply to the fences and walls in all districts, and are in addition to any district-specific requirement.

(a) Location.

(1) A fence or wall may be built adjacent to but not upon the boundary line, and shall be located entirely on the owner's property. The Community Development Administrator may approve a fence to be placed upon the property line when the fence connects to an existing fence on an abutting property and the abutting property owner has agreed in writing to the connection of the fences.

(2) To maintain clear and unobstructed vision, an opaque fence shall not be permitted within ten (10) feet, in any direction, of the following points:

A. The intersection of a driveway and sidewalk, or front property line if there is no sidewalk;

B. The intersection of a driveway and public right of way;

C. The intersection of two (2) driveways.

(3) A fence shall comply with Section 1147.17 (Visibility at Intersections).

(b) Height.

(1) No fence shall exceed three (3) feet in height in a yard fronting on a street.

(2) No fence shall exceed six (6) feet in height in any rear or side yard, except as expressly permitted in Chapter 1145 for specific uses.

(1) Approved wall and fence materials include stone, brick, finished wood, iron, split rail or synthetic products with the appearance of the foregoing. Chain link fencing may be used only in the rear yard. When chain link fencing in a rear yard is adjacent to a street, such as on the street side of a corner lot, the fencing shall be screened from public view by an approved landscape screen.

(2) Electrified, razor wire and barbed wire fencing in whole or in part are prohibited.

(3) All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

(d) Maintenance. All fences shall be structurally sound, maintained in good condition and be attractively finished at all times. The owner of the property upon which the fence exists shall be responsible for maintaining both sides of the fence. If a fence is approved to be installed on the property line, the permit holder shall be responsible for maintaining both sides of the fence.

(e) Approval. Any fence that is provided to meet the screening and/or security requirements of Chardon's Codified Ordinances shall be shown on the development plan and approved as part of a development plan review pursuant to Chapter 1111 (Development Approval Process). All other fences are approved administratively.

(Ord. 3273. Passed 5-9-24.)

1147.05 HOME-BASED BUSINESS/OCCUPATION.

(a) Purpose. The purpose of this Section is to provide reasonable opportunities to establish and operate a home-based business or home-based occupation within a dwelling unit, while avoiding changes to the residential character of the dwelling unit conducting the home-based business or occupation, or the surrounding neighborhood. . A home occupation shall be located and conducted in such a manner that the business operation is not noticeable from the outside of the dwelling unit.

(b) A home-based business/occupation shall comply with the following requirements:

(1) The operator of the home based business/occupation shall reside in the dwelling unit, and no more than one person in addition to residents of the dwelling unit shall engage in the home-based business/occupation;

(2) The home-based business/occupation shall be conducted as an accessory use, subordinate to the residential use thereof. Not more than twenty-five percent (25%) of the total floor area of a dwelling unit shall be used in the operation of a home-based business/occupation. A maximum of 100 square feet may be located in an accessory structure. The use of an attached or detached garage for a home-based business/occupation shall not interfere with the provision of any required off-street parking;

(3) No visible change in the outside appearance of the building or premises, or visible evidence of the operation of the home-based business/occupation outside the dwelling unit, is permitted. No exterior displays, exterior signage, interior signage visible from the outside, exterior storage of material or equipment, or other indication from the outside of the operation of a home-based business/occupation or change in the residential character of the principal building is permitted;

(4) No retail or wholesale goods except that which are produced or processed on the premises shall be exchanged on the property.

(5) No equipment or process shall be used in a home-based business/occupation operated in a dwelling unit which creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot, or outside the dwelling unit if conducted in other than a single family detached dwelling. No equipment or process shall be used which creates electrical interference, visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

(6) The storage of apparatus, equipment, supplies or inventory related to the home-based business/occupation shall be entirely within the area of the dwelling unit and accessory garage permitted to be used for the business activity;

(7) Any home based business/occupation that provides services where members of the public visit or enter the premises may be permitted if designed to accommodate one customer at a time and which meets all other applicable requirements for home-based businesses/occupations.

(8) No traffic in volumes greater than normally generated by a dwelling unit in the neighborhood is permitted;

(9) No home-based business/occupation shall require the daily services of a commercial freight carrier which produces traffic in greater frequency or of a different nature than normally found in the surrounding residential area. Delivery services normally and customarily associated with a residential use are permitted;

(10) No additional off-street parking or loading facilities shall be provided beyond that traditionally used for residential uses. No additional driveways shall be established for the use of the home-based business/occupation.;

(11) The home-based business/occupation shall comply with all other local, state and federal laws and regulations.

(c) In the event the operation of a home-based business/occupation violates any requirement in this regulation, the home-based business/occupation may be terminated by the Community Development Administrator.

(d) The following uses are regulated as noted in Schedule 1133.03 and are not home-based business/occupations:

(1) Bed and Breakfast

(2) Day care center

(3) Family day care home, Type B

(Ord. 3273. Passed 5-9-24.)

1147.07 TEMPORARY OUTDOOR SALES, BUILDINGS AND OPEN STORAGE.

(a) Temporary Open Storage of Contractor's Equipment. The temporary open storage of contractor's equipment and material is permitted on a site upon which buildings or structures are being erected or installed for the duration of the construction period. Equipment shall be removed upon completion of the construction work.

(b) Temporary Buildings and Construction Trailers. Temporary buildings and construction trailers used in conjunction with construction work are permitted in any zoning district only while construction work is in progress. Temporary buildings shall be removed when construction work is completed.

(c) Temporary Outdoor Sales in Nonresidential Districts. Temporary outdoor sales associated with an approved retail principal use on the property shall be permitted in compliance with the following:

(1) If the proposed temporary outdoor sales is intended to be seasonal, in the same area, on an annual basis, the use shall be regulated as an outdoor display and sales area in accordance with Section 1145.11(bb).

(2) The temporary outdoor sales shall be of the same nature as the permanent retail activity conducted on the property;

(3) The temporary outdoor sales shall be located on the site so as to not occupy parking spaces required to fulfill the minimum requirements of the principal use as required in Chapter 1151, nor encroach into or create a negative impact on existing traffic movement or landscaping.

(4) A temporary use permit shall be required and shall be issued only to the operator of the associated permanent retail use.

(5) Temporary outdoor sales shall be limited to a maximum of forty-five (45) days in any one calendar year, on any single lot.

(d) Portable Storage Containers. Portable storage containers are permitted for short-term storage in any residential zoning district in compliance with the following:

(1) Only one (1) portable storage container shall be permitted on a single lot at any one time, and only after first obtaining a zoning permit.

(2) Portable storage containers shall be permitted on any one (1) lot in a residential district for a total period of thirty (30) days per calendar year, except that:

A. The use of not more than one (1) portable storage container shall be permitted as a temporary accessory use for up to three (3) months when a building permit is issued for a dwelling that has been destroyed or damaged by casualty and the building permit is for the repair or reconstruction of the dwelling unit.

B. The portable storage container shall be removed upon completion of the construction work.

(3) Portable storage containers shall be placed on a paved surface or a non-landscaped area.

(4) Portable storage containers shall not be located in any manner that blocks a drainage path, sidewalk, fire lane, driveway, or bike paths, access to required parking space, or be located in a floodplain.

(5) No shipping container, cargo container, and no part or former part of a semi-trailer or trailer shall be utilized as a portable storage container or permanent accessory structure in any zoning district.

(Ord. 3273. Passed 5-9-24.)

1147.09 LOT STANDARDS.

(a) When a building, or part thereof, is constructed or enlarged on two (2) or more lots with the same ownership, the lots shall be combined, a legal description incorporating all lots shall be prepared and a plat combining the lots shall be proposed.

(b) A parcel of land may be subdivided into two (2) or more parcels if all resulting lots conform to all applicable regulations of the zoning district. A conforming lot of record shall not be reduced in a manner that would result in a non conforming lot.

(c) When a structure is built on two (2) or more lots with the same ownership, the lots shall be combined into one with a new legal description and plat, provided that the lot consolidation complies with all other Code requirements.

(d) Isolated parcels shall not be accepted unless they become a component of, and conform to, a plan for the development, public lands or common lands within a development.

(Ord. 3273. Passed 5-9-24.)

1147.11 REQUIREMENTS FOR THROUGH LOTS.

On a through lot, each street frontage shall comply with the minimum front setback required for the lot based on the district in which is located.

(Ord. 3273. Passed 5-9-24.)

1147.13 EXCEPTIONS TO HEIGHT REGULATIONS.

Principal or accessory buildings which are erected, altered, moved or maintained shall not exceed the maximum height regulations in the zoning district regulations. Chimneys, church spires, solar collector panels, flag poles, water tanks, radio or television antennae, monuments and permitted mechanical appurtenances located upon or constructed as an integral part of the main building may exceed the zoning district height regulations.

(Ord. 3273. Passed 5-9-24.)

1147.15 VISIBILITY AT INTERSECTIONS.

(a) Sight Triangles at the Intersection of Two Streets. In any District, except the C 2 Chardon Square Mixed Use District, no fence, structure or planting shall be erected or maintained on any corner lot, within thirty (30) feet of the corner at a height between two and one-half (2.5) feet and ten (10) feet above curb or street grade. The "corner" shall be the point of intersection of the two right of way lines. See Figure 1147.15 below.

Figure 1147.15 - Visibility at Intersection of Streets

(b) Sight Triangle at Intersection with Landscaped Median. Whenever the intersection of two streets includes a street with a landscaped median within the right-of-way, no fence, structure or planting shall be erected or maintained at a height between two and one-half (2.5) feet and ten (10) feet above curb or street grade within thirty (30) feet of where the edge of the median intersects with the cross street right-of-way, or along an imaginary line extended to the cross street right-of-way if the median does not extend to the right-of-way.

(Ord. 3273. Passed 5-9-24.)

1147.17 REQUIREMENTS FOR PERMANENTLY SITED MANUFACTURED HOME.

Permanently sited manufactured homes shall be permitted when they meet the following provisions:

(a) The structure complies with all zoning requirements for a single-family dwelling.

(b) The structure is affixed to a permanent masonry or concrete foundation and is connected to appropriate facilities.

(c) The structure, excluding any addition, has a minimum width of at least twenty-two (22) feet, a minimum length of at least twenty-two (22) feet, and a total living area, excluding garages, porches, or attachments, equal to or greater than the minimum floor area required for any dwelling within a Residential District.

(d) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six (6) inch minimum eave overhang, including appropriate guttering.

(e) The structure was manufactured after January 1, 1995.

(f) The structure is not located in a manufactured home park as defined by section 4781.01 of the Ohio Revised Code. Travel trailers, park trailers, and mobile homes, as defined in Section 4501.01 of the Ohio Revised Code, do not qualify as a permanently sited manufactured home.

(Ord. 3273. Passed 5-9-24.)

1147.19 REQUIREMENTS FOR OWNER'S ASSOCIATIONS.

When required by this Planning and Zoning Code, a homeowner's association, community association, condominium association or similar legal entity shall be created to be responsible for the maintenance and control of common areas, including the required open space, open space easements, private streets, facilities, common drives, and other areas dedicated to common use. The Law Director shall determine that the entity's bylaws or code of regulations incorporate the following requirements:

(a) Membership in the Association shall be mandatory for each owner of a lot in the development or unit in a condominium;

(b) The Association shall be responsible for maintenance, control, and in surety of open space and all common areas, including any applicable easements;

(c) The Association shall have the power to impose assessments on members to pay for the maintenance, control and insurance of open space and common areas, and the power to record liens against individual properties for failure to pay assessments as permitted by the Ohio Revised Code;

(d) The conditions and timing of transfer of control from the developer to the association shall be specified;

(e) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including restricted open space, without:

(1) An affirmative vote of seventy-five percent (75%) of its members,

(2) Creating a successor entity under Ohio law to accept the property pursuant to the City's Planning and Zoning Code; and

(3) The approval of the City Council; and,

(f) The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to enter common areas for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the Association for reimbursement of costs, including the right to file liens against individual condominium units, houses, and vacant building lots.

(g) A certified copy of all covenants and restrictions that may be applicable and amendments thereto recorded with the Geauga County Recorder's Office shall be submitted to the Community Development Administrator within ten days of recording. (Ord. 3273. Passed 5-9-24.)

1147.21 PERFORMANCE STANDARDS.

No land or structure in any zoning district shall be used or occupied in a manner to create a dangerous or objectionable condition, substance or element, in such a manner or in such amount to adversely affect the adjoining premises or surrounding area. All uses shall comply with the following performance standards in addition to the applicable requirements elsewhere in this Planning and Zoning Code.

(a) Americans with Disabilities Act. Every use shall comply with applicable requirements of the Americans with Disabilities Act, and other federal, state, and county regulations quality rights to the disabled.

(b) Heat. No use shall generate heat that is perceptible without the aid of instruments at any point beyond the boundaries of the lot occupied by the use.

(1) No land use or structure shall be used or occupied in a manner which creates dangerous or objectionable noise.

(2) Within a nonresidential district, a maximum level of noise of eighty (80) decibels is permitted at the boundary of the nearest residential district located within the City. During the hours of 7:00 a.m. to 6 p.m. Monday through Saturday, sound may equal but not exceed traffic noise in the vicinity. Noise producing equipment and activities shall be muffled to prevent intermittence, beat frequency, or shrillness.

(d) Vibration. Vibrations which are perceptible without the aid of instruments shall not be permitted beyond the boundaries of the lot occupied by the use generating such vibration.

(e) Odors. No use shall emit malodorous gas or matter that is discernible on any adjoining lot or property.

(f) Air Pollution.

(1) No use shall cause the emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause any damage to human health, animals, vegetation, or property, or which can cause any soiling or staining of persons or property at any point beyond the boundaries of the lot occupied by the use creating the emission.

(2) Appropriate landscaping, paving, oiling or other acceptable treatment shall be used to reduce and minimize dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas or yards shall be kept to a minimum by.

(g) Solid Waste. Solid waste, including empty packing crates and other excess materials, shall be regularly removed from a lot or enclosed within a wall or fence, as required by this Code, until removed.

(h) Liquid Waste. Liquid wastes should be disposed of in appropriate containers removed from the site on a regular basis. Liquid waste or sewerage shall not be discharged into a reservoir, stream, other open body of water, or a storm or sanitary sewer except as allowed by the law and regulations of governmental authority with jurisdiction.

(i) Noxious, Toxic or Corrosive Fumes. Noxious, toxic or corrosive fumes or gasses injurious to the property, vegetation or health of the people residing in an adjacent residential district shall not be emitted.

(j) Radioactive or Electrical Disturbances. Radioactive emissions or electrical discharges shall be confined to the use and shall not cross the boundary lines of the lot from which they originate.

(k) Infectious and Medical Waste Materials. Infectious or medical waste materials shall not be stored, incinerated or disposed of in a manner or in such quantities that produces a public nuisance or a hazard to the public health and welfare of the community and is prohibited.

(l) Storm Water Management. The planning and design of storm water management practices shall be in conformance with the Geauga Soil Sediment Pollution Control Regulations and accepted engineering practices and standards. Copies of such calculations as may be necessary for the design of storm water management practices shall be provided to the Municipality for review by, and shall be subject to the approval of, the Municipal Engineer with respect to the adequacy and accuracy of said calculations. The proposed methods of storm water management shall include such provision as are necessary to achieve the following:

(1) Control and contain storm water upon the subject property. The developer shall provide for directing, collecting and safely conveying storm water, or temporarily storing and releasing same, to the Municipal storm sewer system. Said conveyance and/or release shall be at an allowable rate that will minimize erosion and flooding.

(2) Prevent the diversion of storm water to, and prevent the collection of storm water upon, any other property or portion thereof, as a result of earth moving activities upon the subject property.

(3) Within thirty (30) days of the completion of earth moving activities, permanent soil stabilization shall be implemented on any portion of a lot, or parcel of land, which has been subjected to said activity. The proposed method of soil stabilization shall be in accordance with the requirements of the Geauga Soil Sediment Pollution Control Regulations and subject to the approval of the Municipal Approving Authority for the subject project.

(4) Should earth moving activities commence and thereafter are unable to be completed for reasons beyond the control of the property owner and/or his agent, then the land shall be subject to the requirements of subsection (b) above.

(5) Surface water drainage swales, open channel waterways and other means of conveyance for storm water shall terminate at an approved inlet, or other acceptable means of connection, to the Municipal storm sewer system. The point of connection shall be in conformance with the requirements of this regulation and the requirements of Chapter 929 (Storm Sewer Regulation) and shall be subject to the approval of the Municipal Approving Authority for the subject project.

(6) No person, corporation, or other entity shall place or create any obstruction within, or in such proximity to, a drainage ways so as to block, restrict or otherwise prevent the free flow of water through said drainage way except in conformance with the requirements of this regulation.

(7) The approval of any proposed earth moving and/or surface water drainage work or activity and compliance with the plans under which such approvals were granted does not relieve any person or other entity to whom the Site Development Permit was issued, or any person doing work in connection with such permit, from any liability arising from damage to another person's property, from sedimentation, erosion, flooding or any other damage caused by the execution or completion of such work.

(m) Erosion Control. The developer shall:

(1) Provide, install and maintain suitable erosion and sediment pollution control measures (including both temporary and permanent measures) in accordance with the requirements of the Geauga Soil Sediment Pollution Control Regulations. Copies of such calculations as may be necessary for the design of said measures shall be provided to the Municipality for review and approval in respect to the adequacy and accuracy of said calculations.

(2) Prepare and submit erosion and sediment control plans, when applicable, for Municipal approval. Said plans shall conform to the requirements of Chapter 1113 (Submittal Content Requirements), the Municipal Standard for Plan Contents and the Geauga Soil Sediment Pollution Control Regulations.

(n) Lawns on Streets without Curbs. No change of grade, construction, repair or installation of any lawn or park lawn area may be made within thirty (30) feet of its fronting on any street without curb in the Municipality, which will tend to change the natural drainage pattern of surface waters flowing on or into such street except in conformity with the requirements of this regulation.

(o) Earth Moving Activities. Proposed earth moving activities and storm water management practices shall be planned, designed and executed as required by this regulation and as required by the Land Development Regulations, Geauga Soil Sediment Pollution Control Regulations, Ohio Department of Transportation Location and Design Manual Vol. Two (Drainage Design) (Chapters 1101 and 1103 through 1110), the Comprehensive Plan, Chapter 901 (Street Regulation) where applicable, Chapter 929 (Storm Sewer Regulation) of the Codified Ordinances and such other adopted regulations and master plans of the Municipality as may be applicable. The referenced design standards shall include such future amendments thereto as may hereafter be adopted by the promulgating agency.

(p) Underground Utilities. All utilities required to serve a development shall be located underground.

(q) Permanently Installed Ground-Mounted Mechanical Equipment.

(1) Permanently installed ground-mounted mechanical equipment, such as but not limited to air conditioning units, backup generators, propane tanks, and swimming pool equipment, pumps and heaters, shall be located where it is not visible from public open space, public trails, public streets, or from adjacent properties to the maximum extent practicable, and where noise from the equipment will not cause a nuisance.

(2) In cases when ground-mounted mechanical equipment is visible from a public open space, public trail, public street, or adjacent property, the equipment shall be screened from view as required in Section 1153.11.

(3) Suitable means shall be taken to prevent the transmission of objectionable noise generated by mechanical equipment so as not to cause a nuisance. Any equipment that is used or tested on a regular basis shall comply with Section 1147.23(c).

(Ord. 3273. Passed 5-9-24.)

1147.23 FLOOD DAMAGE PREVENTION.

A development project within an area designated by the Federal Emergency Management Agency in the current Flood Insurance Rate Map (see Codified Ordinance Chapter 1323 (Flood Damage Reduction)) and any revision thereto (or other such map as may apply to the location of the development project), as a flood plain, flood zone, or other area of flood hazard, shall be planned and designed, and in accordance with the requirements of Codified Ordinance Chapter 1323 (Flood Damage Reduction). The construction of any structures and/or improvements in said project shall be in accordance with the requirements of said chapter.

(Ord. 3273. Passed 5-9-24.)

1149.01 INTENT.

The purpose of this Chapter is to promote the public health, safety, and welfare through the provision of standards for existing and proposed signs of all types. More specifically, this Chapter is intended to:

(a) Enhance and protect the physical appearance of the community.

(b) Promote and maintain visually attractive residential, commercial, and industrial districts by reducing visual clutter and preventing blight characterized by oversized, overcrowded, abandoned, obsolete, and/or dilapidated signs.

(c) Ensure that signs are located and designed to reduce distraction and confusion as factors that may contribute to traffic congestion and accidents and thereby maintain a safe and orderly pedestrian and vehicular environment.

(d) Prevent obstructions of sight distance at the intersection of streets, alleys, or driveways.

(e) Prevent poorly constructed or painted signs and signs which are located or posted in an unsafe manner and minimize the risk of damage and injuries from signs that are structurally unsafe

(f) Provide review procedures that enable the City to thoroughly evaluate the appropriateness of a sign to a specific site or building, and its surroundings.

(g) Prohibit all signs not expressly permitted by this Chapter.

(h) Provide residents and businesses with an effective means of communication

(i) Achieve an appropriate balance between signs as a means of communication and reducing the distractions caused by such signs

(j) Promote economic development.

(Ord. 3273. Passed 5-9-24.)

1149.03 CLASSIFICATION OF SIGNS.

For the purposes of this Chapter, signs shall be classified and defined by physical design or structure, and function or purpose as follows:

(a) Physical Characteristics.

(1) Abandoned Sign. A sign which identifies or advertises a business, lessor, service, owner, product, or activity no longer conducted on the premises for ninety (90) consecutive days, and/or for which no legal owner or proprietor is found on the premises.

(2) Animated Sign. A sign, which uses movement or change of lighting to depict action or to create a special effect or scene.

(3) Banner Sign. A sign made with fabric, plastic, paper, or similar light weight material with no frame. National and state flags and the official flag of any organization, institution or business shall not be considered banners.

(4) Billboards/Off-Premise Sign. A sign, permanent or temporary, that is advertising, promoting, or identifying an establishment, merchandise, event, service or entertainment that is not sold, produced, manufactured or furnished at the property on which the sign is located.

(5) Building Marker. Letters, words, or insignia cut into the building surface, or otherwise permanently mounted on the building, at the time of construction with the name or address of the building, date of construction, or to convey a memorial or similar message.

(6) Canopy or Awning Sign. A sign on or attached to the awning, canopy, or other fabric, plastic, or structural protective cover over a door entrance or window.

(7) Changeable Copy Sign. A sign on which the message or graphics is not permanently affixed to the structure, framing or background and is designed to be periodically replaced or covered manually or by electronic or mechanical devices. Examples are a bulletin board and announcement board.

(8) Electronic Message Board Sign. A sign with a fixed or changing display or message composed of a series of lights that may be changed automatically and/or remotely through electronic or mechanical means.

(9) Face of Sign. The area of a sign on which the copy is placed.

(10) Festoons. A string of ribbons, tinsel, small flags, pinwheels or the like.

(11) Flashing Sign. A sign, other than a changeable copy sign or animated sign, which contains an intermittent or sequential flashing light source, used primarily to attract attention.

(12) Freestanding Sign. A sign supported by one or more uprights, posts, columns, or vertical structures or supports affixed to the ground and not attached to any part of the building.

(13) Illuminated Sign. A sign with an artificial light source which internally or externally illuminates the sign.

(14) Marquee Sign. A sign attached to or supported by a permanent roof-like structure or canopy of rigid materials supported by and extending from the façade of a building.

(15) Menu Board. A sign listing the services or goods sold by the business, the price thereof, and which may include incidental advertising or the business logo. A "menu board" shall not be counted as a sign under Chapter 1149 so long as it complies with the following requirements:

A. It is constructed as an accessory use to a "drive-up service window" or "drive-thru";

B. The menu board does not face the municipal right-of-way but faces a side or rear property line;

C. No more than two (2) menu boards for each "drive-up service window" are permitted; and

D. It complies with all other requirements, as applicable, for a wall sign or freestanding sign as set forth in this Chapter.

(16) Non-conforming Sign. A sign which was erected legally but which no longer complies with current sign restrictions and regulations.

(17) Pole Sign. A permanent freestanding sign which is affixed, attached or erected on a pole.

(18) Portable Sign. A sign that is designed to be transported on wheels, skids, a bench, runners, brackets or has a frame to which wheels, skids, runners, brackets or similar mechanical devices are or can be attached.

(19) Projecting Sign. A sign, other than a flat wall sign, which is attached to and projects more than twelve (12) inches from a building wall or other structure.

(20) Roof Sign. A sign erected on, above or over the roof of a building.

(21) Rotating Sign. A sign, or any portion thereof, which moves in a revolving or similar manner.

(22) Wall Sign. A sign on the surface or on the outside wall of any building, or erected parallel thereto, which does not extend more than twelve (12) inches therefrom and which does not project above the roof line or beyond the corner of the building.

(23) Window Sign. A sign that is attached to, affixed to, painted on, or located within two (2) feet inside of a window and exposed to public view outside of the building.

(b) Function.

(24) Building Sign. A sign attached to any part of a building including but not limited to wall, awning, canopy, marquee and projecting signs.

(25) Instructional (Incidental) Sign. A sign that instructs employees, customers or users as to specific parking requirements; the location of, or regulations pertaining to, specific activities on the site or in the building; specific services offered; or methods of payments accepted.

(26) Name Plate. A non-electric sign indicating only the name and address of the person, business, profession or activity occupying the lot or building.

(27) Temporary Sign. A sign which is designed to be used only temporarily and is not permanently, or intended to be permanently, attached to a building, structure or on the ground.

(Ord. 3273. Passed 5-9-24.)

1149.05 APPLICATION OF SIGN REGULATIONS.

The regulations contained in this Chapter shall apply to all signs in the City of Chardon.

(a) A sign shall only be erected, established, painted, created or maintained in conformance with the standards, procedures, exemptions and other requirements of this Chapter.

(b) Architectural features that are either part of the building or structure are not considered signs and are exempt from these regulations. Architectural features include any construction attending to, but not an integral part of the sign, and which may consist of landscaping, building or structural forms that enhance the site in general. An architectural feature means ornamentation or decorative elements attached to, incorporated into, or projection from the exterior of a building. Architectural features include, but are not limited to, doors, windows columns, cornices, eaves, gutters, fascia, belt courses, sills, lintels pediments, bay windows, chimneys, trim details and decorative ornaments.

(1) Public Signs. A public regulation and information sign, municipal and traffic signs, and a sign displaying a public notice or warning required by federal, state, or local law, ordinance, or regulation;

(2) Building Marker, cornerstones, or building plaques;

(3) Flags of any nation, government or non-commercial organizations;

(4) Window sign, provided it does not exceed fifty percent (50%) of the window;

(5) A work of art that does not display a commercial message;

(6) A religious symbol that does not display a commercial message;

(7) A decorative religious display and other holiday lights or decorations containing no commercial message when displayed during the appropriate time of the year.

(8) Signs conforming to the Ohio Manual of Uniform Traffic Control Devices and other government signs for traffic control, public safety and other regulatory purposes.

(9) Incidental Signs located on walls and up to three freestanding signs per property. (Ord. 3273. Passed 5-9-24.)

1149.07 COMPUTATIONS AND RULES OF MEASUREMENT.

The following regulations shall control the computation and measurement of sign area, sign height, and building frontage:

(a) Determining Sign Area.

(1) Sign area shall include the face of the entire display area of the sign. Sign area shall not include the structural support unless such structural support is an integral part of the sign design.

(2) For a sign that is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of no more than three geometric shapes that encompasses the entire background or frame. Any protrusions beyond the area of less than five percent (5%) of the total sign area shall be exempt.

(3) For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or on a regular or irregular shaped freestanding sign, the area of the sign shall be the area of up to three geometric shapes that encompasses the perimeter of the area on which all elements of the sign display are located. Any protrusions beyond the area of less than five percent (5%) of the total sign area shall be exempt.

(4) For freestanding signs and projecting signs:

A. The sign area shall be computed by the measurement of one of the faces as prescribed above when two identical display faces arejoined parallel to each other and are within two (2) feet of each other.

B. No more than two (2) display faces shall be permitted for one sign.

(b) Determining Sign Height. The height of a sign shall be measured from the average grade at the base of the sign or support structure to the top of the sign or support structure, whichever is highest. Decorative caps on top of the support posts shall not be included in the total sign height provided they do not exceed nine (9) inches in height. The height of a freestanding sign on an earthen mound shall be measured from the average site grade at the perimeter of the mounded area.

(c) Determining Building Frontage and Tenant Space Frontage. For the purposes of these sign regulations, the length of the building wall that faces a public street, that faces a parking lot, or that contains a public entrance to the uses therein shall be considered the building frontage. See subsections 1149.07 (c) (6) and (7) below.

(1) Each building frontage shall be entitled to the sign area permitted in this Chapter.

(2) The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.

(3) In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.

(4) For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a tenant space. The building frontage for a tenant space shall be the distance as measured between the centerlines of each party wall bordering the tenant space.

(5) In a multi-story building with multiple tenants, the combined maximum allowable sign area for all tenants shall be two (2) square feet of sign area per lineal foot of building frontage. A tenant shall not be permitted a sign area of more than one (1) square foot per lineal foot of frontage. The sign area may be allocated among the businesses in any combination, but each tenant shall have a minimum of six (6) square feet (unless prohibited by the size of existing signs on the building). Signs should be arranged or clustered to be adjacent to one another.

(6) The primary frontage is the wall with the main public entrance to a building or tenant space. A site/building shall have secondary frontage when any of the following site/building characteristics are present: (See Figures 1149.07(a) and 1149.07(b))

A. The subject site is located on a corner lot; or

B. The primary parking area is not located adjacent to a public street; or

C. The building or unit has exterior walls with public entrances that do not face the public street.

(7) When a site has primary and secondary frontage, as defined in subsection 1149.07 (c)(6), the applicant shall determine, for signage purposes, which wall shall be the primary building frontage and which wall(s) shall be the secondary building frontage. A business shall have only one wall with primary building frontage. Any business and/or building shall be limited to two secondary frontages.

Illustrations of Primary and Secondary Frontage

Figure 1149.07(a) - Multi-Tenant Building

Figure 1149.07(b) - Single Tenant Building

(Ord. 3273. Passed 5-9-24.)

1149.09 SIGNS IN NONRESIDENTIAL DISTRICTS.

Signs in nonresidential districts shall conform to the standards set forth in this Section.

(a) Maximum Number and Area of Permanent Signs Attached to Buildings. A permanent sign attached to buildings shall conform to the maximum number and area limitations set forth in Schedule 1149.09(a).

Schedule 1149.09(a) Building Signs for the Primary Frontage
	Maximum Area of Wall Signs, Awnings and Canopies
Type of Sign	C-2	C-3	C-4	O	S
Wall, awning, canopy and marquee (a)	1 sq. per linear ft. of building or tenant space frontage, as applicable	1 sq. per linear ft. of building or tenant space frontage, as applicable	1 sq. per linear ft. of building or tenant space frontage, as applicable	1 sq. per linear ft. of building or tenant space frontage, as applicable	0.5 sq. per linear ft. of building or tenant space frontage, as applicable
Projecting	See Section 1149.09(b)(3)	NP	NP	NP	NP
Instructional (Incidental) Signs	Shall be exempt from regulations when in compliance with Section 1149.03(b)(2)
(a) The number of signs is not limited to a specific number. A building is permitted to have any number provided the total area of all signs does not exceed the maximum area allocation. NP = Not Permitted

(b) Building Signs. A building sign permitted in Schedule 1149.09(a) shall be erected in compliance with the following additional regulations.

(1) Sign Bonuses for Large Building Setbacks. The maximum allowable area for a building sign may be increased by twenty-five percent (25%) for each 100 feet of building setback where the building is visible from the street and located more than 100 feet from the street on which the building fronts. The sign bonus allowed herein shall not exceed two hundred percent (200%) of the maximum allowable area.

(2) Sign bonuses for Corner Lots and Side and Rear Entrances. The maximum allowable area for building signs shall be increased above the allowable area set forth in Schedule 1149.09(a) when the following conditions apply:

A. Additional area shall be permitted when a building has a secondary frontage.

B. The sign area for signs on each secondary building frontage may be no greater than fifty percent (50%) of the sign area permitted for the primary frontage.

C. At the applicant's discretion, some or all of the sign area permitted for the primary frontage may be transferred to a secondary frontage. The resulting total area on the secondary frontage shall not exceed the maximum sign area permitted for the primary frontage. The election to transfer primary frontage sign area to secondary frontage shall be made in the sign application.

(3) Projecting Signs in the C-2 Commercial Districts. In addition to the permitted sign area set forth in Schedule 1149.09(a), one projecting sign per tenant space shall be permitted in C-2 Commercial Districts when all of the following conditions are met:

A. Projecting signs shall be limited to first floor tenant spaces having a minimum of fifteen (15) feet of building frontage.

B. Projecting signs shall be supported by a decorative bracket.

C. Projecting signs shall have a maximum area of twelve (12) square feet. The maximum width shall be three (3) feet; the maximum height shall be four (4) feet.

D. All projecting signs shall have a minimum clearance of eight (8') feet from grade to the bottom of the sign unless the projecting sign is located above a landscaped area or other area where pedestrian traffic beneath the sign is not permitted. Projecting signs shall have a maximum height of fourteen (14) feet from grade to the top of the projecting sign or structural support whichever is highest.

E. No portion of a projecting sign, including its frame or support, shall extend more than four (4) feet from the building wall to which it is attached.

(4) Wall Signs. Wall signs shall be located within the primary or secondary frontage of the advertised tenant space. The width of a wall sign shall not exceed ninety percent (90%) of the width of the tenant space. At least five percent (5%) on each end shall remain open and unoccupied. A letter, number or character, logo, or pictorial matter shall not exceed four (4') feet in height.

(c) Permanent Freestanding Signs. Permanent freestanding signs permitted in nonresidential districts shall comply with the following regulations:

(1) Maximum Number, Area and Height, Minimum Setback of Permanent Freestanding Signs. Permanent freestanding signs shall comply with Schedule 1149.09(c).

Schedule 1149.09(c) Permanent Freestanding Signs
	Maximum Number	Maximum Sign Area	Maximum Sign Height	Minimum Setback from ROW	Minimum Setback from Side Lot Line (c)
1. Primary Freestanding Sign (a)
a. S Special	1 per lot	24 sq. ft.	6 ft.	Equal to height of sign	10 ft.
b. C-2 Chardon Square Mixed Use	1 per lot (b)	32 sq. ft. (d)	6 ft.	Equal to height of sign	10 ft.
c. C-3 Traditional Classic Commercial	1 per lot (b)	32 sq. ft. (d)	6 feet	10 feet	10 ft.
d. C-4 General Commercial	1 per lot (b)	32 sq. ft. (d)	6 ft.	10 feet	10 ft.
e. I Industrial District	1 per lot (b)	32 sq. ft.	6 ft.	10 feet	10 ft.
2. Directional Signs	2 per driveway (1 in, 1 out)	2 sq. ft.	3 ft.	0	0
3. Instructional (Incidental) Signs	Shall be exempt from regulations when in compliance with Section 1149.03(b)(2)
(a) Not permitted on the site when the building is setback less than 10 feet from the street right-of-way. (b) Except as otherwise permitted in Section 1149.09 (c) (2) for lots that have 400 feet or more of street frontage. (c) Except that when a side lot line coincides with a Residential District boundary line, then the minimum setback shall be 30 feet. (d) Plus 1 sq. ft. for every 5 ft. of lot frontage >200 ft. Notwithstanding any provision of this Section, the area of any freestanding sign shall not exceed 75 square feet.

(2) Additional Freestanding Signs for Large Lots. The number of freestanding signs on large lots (lots with at least 400' of frontage one street) may be increased as follows. The allowable sign area permitted by this Section may be distributed to one or more freestanding sign(s) for each 200 feet of lot frontage. (For example, a lot with 400 feet of frontage would be permitted to have two freestanding signs. See Figure 1149.09.) The total area of all freestanding signs along the same street frontage shall comply with Schedule 1149.09(c).

Lot with 400 feet of frontage

Number of ground signs permitted

= 2

400 ft./200 = 2 signs

Figure 1149.09

Illustration of Additional Freestanding Signs for Large Lots

(3) Signs On Lots with Multiple Public Street Frontages. For a lot with frontage on multiple public streets, each street frontage shall be considered and calculated separately as noted in 1149.09(c)(2) above. The allowable sign area permitted by this Section may be divided among one or more freestanding sign(s) for each 200 feet of lot frontage. The total area of all freestanding signs shall comply with Schedule 1149.09 (c). Two signs may be aggregated into a single sign provided that the area of a freestanding sign face shall not exceed seventy-five (75) square feet.

(4) Minimum Separation of Freestanding Sign. Freestanding signs on a single lot shall be separated by a minimum of 200 feet, as measured along the street right-of-way line. For corner lots, both sides of the intersection shall be used to measure the distance of separation.

(5) Minimum Sign Setback from Intersection. On corner lots, freestanding signs shall comply with the minimum sign setback from both street rights-of-way, as set forth in Schedule 1149.09(c).

(6) Landscaping. Freestanding signs shall be erected in a landscaped area and not on sidewalks, drives or in parking lots. Neither the landscaping nor the freestanding sign shall obstruct the view of vehicles entering or exiting the property.

(7) Multi-Occupant Facilities. When a freestanding sign is permitted on a site that has more than one (1) occupant, the property owner shall designate which occupants shall be identified on the sign area.

(d) Temporary Signs in Nonresidential Districts. The following regulations for temporary signs in non-residential districts supplement and are in addition to the maximum sign area and height regulations set forth in Section 1149.09 (a) - (c).

(1) Setbacks. All temporary freestanding signs shall be located no closer than five (5) feet from the street right-of-way line and ten (10) feet from a side lot line, unless specifically regulated otherwise.

(2) Illumination. Temporary signs shall not be illuminated.

(3) Number and Size. One (1) temporary sign shall be permitted per developed commercial property. Maximum size for a freestanding sign is six (6) square feet and the maximum size for a temporary sign attached to a building is forty (40) square feet. The maximum height for a freestanding temporary sign is six (6) feet.

(4) One (1) additional temporary sign may be located on a property during active construction authorized by a Zoning Certificate as long as the sign does not exceed thirty-two (32) square feet.

(5) One (1) temporary sign shall be permitted per undeveloped commercial property. Maximum size for a freestanding sign is sixteen (16) square feet. The maximum height for a freestanding temporary sign is six (6) feet.

(6) Sandwich Board Signs. Sandwich board signs and similar types of temporary signs shall be allowed in all commercial and industrial zoning districts. The sign shall be placed adjacent to the building and shall not project more than three (3) feet from the building. The sign shall not exceed three (3) feet in height or two (2) feet in width. The sandwich board sign shall be removed at the close of each business day.

(Ord. 3273. Passed 5-9-24.)

1149.11 SIGNS IN THE ORIGINAL CHARDON HISTORIC DISTRICT.

Signs in the Original Chardon Historic District (see City Ordinance No. 805, Passed 10-1-81) shall comply with the regulations set forth in this Section.

(Ord. 3273. Passed 5-9-24.)

1149.13 SIGNS IN RESIDENTIAL DISTRICTS.

Signs for all residential uses and for nonresidential uses in residential districts shall comply with the regulations set forth in this Section.

(a) Sign Standards. Signs for all residential uses and for nonresidential uses in residential districts shall be limited in number, area, height and setback based on the type of use, as set forth in Schedule 1149.13(a).

Schedule 1149.13(a) Signs in Residential Districts (R-1, R-2, R-3, R-4 and PRD)
			Regulations for Freestanding Signs
Type	Maximum Number Permitted	Maximum Area Per Sign	Maximum Height	Min. Setback from ROW
(1) Signs for Single-Family Detached and Cluster
A. Permanent Signs
Wall sign	1/building	2 sq. ft.
Freestanding sign	2/building	3 sq. ft.	4 ft.
B. Freestanding sign for Residential Subdivision	2/subdivision entrance	24 sq. ft.	6 ft.	10 ft.
** If freestanding sign
(2) Multi-Family and Single Family Attached:
A. Permanent Signs
Freestanding sign	1/development entrance	24 sq. ft.	6 ft.	equal to height of sign
(3) Nonresidential Uses/ Conditional Uses/ P*
A. Permanent Signs
1. Wall Sign	1/building	24 sq. ft.
2. Freestanding sign	1/500 feet of parcel frontage (b)	24 sq. ft.	6 ft.	10 ft.
(4) Instructional (Incidental) Sign:	Shall be in compliance with Sec. 1149.03(b)(2)
(a) But no closer than 10 feet from the pavement of the travel lane of the public or private street. (b) Except as otherwise permitted in Section 1149.13(b)(4), Supplemental Regulations for Permanent Freestanding Signs, for lots that exceed 500 feet in street frontage. DU = Dwelling Unit - - = Not Applicable

(b) Supplemental Regulations for Permanent Freestanding Signs.

(1) Freestanding signs shall be erected in a landscaped area and not on sidewalks, drives, or in parking lots.

(2) No part of a freestanding sign, the wall or entry feature on which it is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property.

(3) For residential subdivisions, the freestanding sign shall have a maximum of two (2) sign faces per entrance and be either one double-faced freestanding sign or one (1) sign face attached to a wall or entry feature located on each side of the street entrance.

(4) For nonresidential uses, one additional primary freestanding sign shall be permitted for each 500 feet of street frontage. For corner lots, each street frontage shall be calculated separately. Freestanding signs on the same lot shall be separated by a minimum of 200 feet, as measured along the street right-of-way line. For corner lots, both sides of the intersection shall be used in measuring spacing.

(5) For nonresidential uses, a maximum of eighty percent (80%) of the sign area may be devoted to changeable copy subject to the following.

A. The changeable copy shall not be changed more than once per day.

B. The changeable copy may be either computer driven or manually changed. (See Section 1149.27)

(c) Supplemental Regulations for Temporary Signs. Temporary signs are permitted in residential districts subject to the following provisions:

(1) Temporary signs associated with single-family detached, attached, and detached cluster dwellings shall comply with the following:

A. Setbacks. All temporary freestanding signs shall be located no closer than five (5) feet from the street right-of-way line and ten (10) feet from a side lot line, unless specifically regulated otherwise.

B. Illumination: Temporary signs shall not be illuminated.

C. One (1) temporary sign shall be permitted per residential property. Maximum size for a freestanding sign is eight (8) square feet and the maximum height for a freestanding temporary sign is six (6) feet.

D. Additional temporary non-commercial signs for up to thirty (30) days prior to the day absentee ballots are available or the day early voting is permitted, whichever comes first, for a general, primary, or special election are not limited by the number of signs. No individual sign may be larger than twelve (12) square feet and six (6) feet in height.

E. One temporary sign may be located on a property during active construction on the property authorized by a Zoning Certificate as long as the sign does not exceed eight (8) square feet and less than six (6) feet in height.

(2) Temporary Commercial Signs for Nonresidential Uses and Multi-Family Developments. One (1) temporary freestanding sign or banner attached to the front of the building shall be permitted for a period not to exceed fourteen (14) consecutive days, not more than four (4) times per year unless Planning Commission approves an extension. The maximum sign area shall be twelve (12) square feet. The height for a free standing sign shall not exceed six (6) feet.

(3) Setbacks. All temporary freestanding signs shall be located no closer than five (5) from the street right-of-way line and ten (10) feet from a side lot line, unless specifically regulated otherwise.

(Ord. 3273. Passed 5-9-24.)

1149.15 PROHIBITED SIGNS.

All signs not expressly permitted in this Chapter are prohibited. Prohibited signs include but are not limited to the following:

(a) A sign on or over any public sidewalk, street, or other public property or within any public easement or right-of-way except as otherwise permitted in this Code;

(b) Roof Signs;

(d) Billboards/off-premises signs;

(e) Flags intended for advertising or commercial purposes;

(f) Flashing, moving, blinker, racer type, intermittent, rotating, moving, animated, or revolving signs, whirligig devices, inflatable signs and tethered balloons, pennants, ribbons, streamers, spinners, exposed light bulbs, strings of lights not permanently mounted to a rigid background, and other similar types of attention-getting devices, except as provided in Section 1149.09 (d);

(g) Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification or advertising purposes;

(h) Signs mounted on mobile platforms or trailers, with either fixed or movable letters, lighted or unlighted;

(i) Pole signs;

(j) Temporary signs placed in the public right-of-way not installed by a government agency for public safety, notification or identification;

(k) Swooper and feather flag type signs;

(l) Wind tubes, wind dancers, inflatable characters or similar type sign;

(m) Signs attached to natural vegetation;

(n) Temporary signs within the park area on Chardon Square (that portion of the Chardon Square within the abutting curbs on North Street, North Hambden Street, Main Street, Short Court Street, South Hambden St and East Park Street) shall be subject to such time limitations and pursuant to such conditions as the City Manager may require.

(Ord. 3273. Passed 5-9-24.)

1149.17 DESIGN STANDARDS.

In addition to ensuring compliance with the size requirements of these regulations, the Community Development Administrator, and Planning Commission in its consideration of Sign Concept Plans, shall consider the proposed general design arrangement and placement of the sign according to the following criteria:

(a) The lettering shall be large enough to be easily read but not overly large or out of scale with the building or site.

(b) The sign should be consolidated into a minimum number of elements.

(d) The size, style, and location of the sign shall be appropriate to the activity of the site.

(e) The sign shall be designed and placed to enhance the architecture of the building.

(f) Signs shall be designed with a limited number and harmonious use of colors.

(g) Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block.

(h) Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.

(i) Signs shall be located to maintain safe and orderly pedestrian and vehicular circulation. (Ord. 3273. Passed 5-9-24.)

1149.19 SIGN ILLUMINATION, CONSTRUCTION, AND MAINTENANCE STANDARDS.

(a) Illumination. Illuminated signs shall meet the following requirements:

(1) Light sources shall be shielded from all adjacent buildings and streets.

(2) Lights shall not cause glare that distracts pedestrians or motorists or causes glare on adjacent residences or residential districts.

(3) The illumination of signs shall not obstruct or distract attention from traffic control or any other public informational signs. Signs visible from sight lines along streets shall not contain symbols or words, or red and green lights that resemble highway traffic signs or devices.

(4) In residential districts, temporary signs shall not be illuminated.

(b) Construction Standards.

(1) The construction, erection, safety, and maintenance of all signs shall comply with all applicable building codes.

(2) A sign shall be constructed in a good and workmanlike manner. Awnings, canopies, marquees, projecting signs, and sign structures more than six (6) feet in height, shall be designed by a registered professional engineer to support the applicable design loads as specified in Ohio Administrative Code (OAC) 4101:1-16 (Structural Design).

(3) A sign shall be located and secured in a manner to insure the safety of pedestrians and motorists.

(4) Permanent signs shall be fabricated on and made with sustainable and durable materials.

(5) Electric signs and permanent signs involving structural requirements of the building code shall be installed, repaired, altered and serviced only by a contractor licensed to perform such tasks.

(6) No sign shall obstruct architectural trim or feature of a building including but not limited to a column or an arch; window; door; fire escape; balcony, platform, stairway, ladder, vent, or any means of entry or exit.

(7) No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.

(8) Temporary signs shall be durable, weather-resistant, and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.

(9) No sign shall be erected in a public right-of-way, or at the intersection of any streets, which obstructs free and clear vision; or at any location where, by reason of its position, shape or color, the sign may interfere with, obstruct the view of, or be confused with any traffic control sign, signal or device; or which includes the words "STOP", "LOOK", "DANGER" or any other like word, phrase, symbol or character which may be confused with a traffic or warning sign.

(1) The property owner, occupant, tenant and/or sign applicant shall maintain a sign so the sign content is visible, the sign is operable, and the sign is in good repair, structurally sound and secure; and shall continue to comply with all building code requirements.

(2) If the Community Development Administrator determines that a sign is unsafe, insecure, or a public nuisance, the property owner, occupant, tenant and/or sign applicant shall be given written notice by the Community Development Administrator. Within forty-eight (48) hours of such notification, the violation shall be corrected, or the sign removed. If the violation is not remedied within forty-eight (48) hours, the sign may be removed or repaired by the City to comply with these regulations at the expense of the owner, tenant and/or sign applicant of the premises upon which the sign is located. The Community Development Administrator may remove without notice any sign which creates an immediate danger to persons or property.

(3) The Community Development Administrator may order any sign to be painted or refurbished to keep the sign in a neat and safe condition. All sign supports, guys, braces and anchors shall be maintained in a safe condition.

(d) Abandoned Signs and Failure to Maintain. An abandoned sign which fails to serve the purpose for which it was intended, or a sign not properly maintained shall be removed by the owner, occupant, tenant and/or sign applicant within ten (10 business days after receipt of written notice by the Community Development Administrator. The sign area shall be replaced by a neutral, single background color panel or similar cover. If the sign is comprised of individually raised letters, the letters shall be removed and any holes in the building's façade shall be repaired. The Community Development Administrator is authorized to commence legal action for an order to remove the sign. All expenses incurred by the City to remove the sign shall be paid by the owner of the property on which the sign is located.

(e) Signs erected in violation of the Code shall be removed by the owner, tenant, occupant and/or sign applicant, or person having the beneficial use of the building, structure, or land upon which such sign is located, within ten business days after receipt of written notice by the Community Development Administrator. Upon failure to remove the sign pursuant to such order, the Community Development Administrator is hereby authorized to commence legal action for an order to remove the sign. All expenses incurred by the City to remove the sign shall be paid by the owner of the property on which the sign is located.

(Ord. 3273. Passed 5-9-24.)

1149.21 NONCONFORMING SIGNS.

(a) Maintenance of Non-Conforming Signs. A non-conforming sign and the supports thereof shall be maintained in good condition pursuant to Section 1149.19(c), Maintenance.

(b) Alteration, Relocation or Replacement of Non-Conforming Signs. A non-conforming sign and the support thereof shall not be structurally altered, relocated, or replaced unless it is consistent with the provisions of this Chapter.

(c) Reconstruction of Damaged Sign. If the cost of repair of a damaged sign face and/or its support exceeds fifty percent (50%) of the replacement cost, the sign shall either be removed or brought into compliance with this Chapter. If the repair costs do not exceed fifty percent (50%) of the replacement cost, the sign may be repaired, subject to approval of a sign permit by the Community Development Administrator.

(d) Termination. A legal or permitted non-conforming pole sign shall either conform with this Chapter or be removed, when any of the following occur:

(1) The size or shape of the sign is changed; or

(2) The building to which the sign is accessory is renovated or remodeled to the extent that more than fifty percent (50%) of the gross floor area is removed or replaced; or

(3) The building is expanded, and the total sign area permitted for the expanded building is more than fifty percent (50%) greater than the existing sign area.

(4) The building, premises or property is vacant for a period of eighteen (18) months. The property owner shall be notified after twelve (12) months of vacancy that removal of the sign shall be required upon the passage of 18 months from the date of vacancy.

(e) Extension of Time to Comply. The deadline established in subsection 1149.23 (d)(4) above for sign compliance may be appealed to the Planning Commission by the owner, lessee or occupant of the nonconforming sign premises. In evaluating the extension of the deadline for removal or compliance of a non-conforming sign, the Planning Commission shall consider the following factors:

(1) The cost of the sign and the length of time the sign has been in place;

(2) The current life expectancy of the sign and its salvage value, if any;

(3) The length of the current tenant lease or expected occupancy in relation to the compliance deadline;

(4) The factors which cause the sign to be non-conforming and not in compliance with the requirements of this Chapter; and,

(5) The factors which cause the sign to be consistent with the purposes of this Chapter.

(f) Historic Signs. The Planning Commission may exempt a sign which it determines has historic significance. (Ord. 3273. Passed 5-9-24.)

1149.23 ADMINISTRATIVE PROVISIONS.

(a) Compliance with this Section. No person shall erect, locate, move, alter, or replace a sign or cause a sign to be erected, moved, altered or replaced, except in compliance with this Chapter.

(b) Substitution of Noncommercial Copy. A sign that can be displayed under the provisions of this chapter may contain non-commercial copy; provided however that such sign 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 it is being substituted.

(c) Sign Concept Plan. For multi-tenant buildings and development projects with multiple buildings, the Planning Commission may approve the location, size, color, and style of each tenant sign when the Planning Commission reviews the development plans for new buildings. When evaluating sign concept plans, the Planning Commission shall consider the criteria in Section 1149.19 (a) - (j). Whenever the Planning Commission has approved a tenant sign concept plan, the Community Development Administrator shall require that a subsequent tenant sign complies therewith.

(d) An overall sign plan may be submitted by a property owner for consideration of a unique or creative sign proposal that deviates from the requirements of this Chapter. Such sign plan shall be considered by the Planning Commission utilizing the criteria in subsection (e) below. After a sign plan has been approved, an application for a new or replacement sign shall be approved administratively when the Community Development Administrator determines that the proposed sign complies with the approved sign plan.

(e) A proposed sign that is not in compliance with the requirements in this Chapter may be reviewed by the Planning Commission. When considering deviation from the sign requirements herein, the Planning Commission may approve such sign when it determines that:

(1) The size and scale of the sign is appropriate for the size of the building and the proportion of the building (panel, fascia, wall, and other architectural features) and/or lot on which the sign will be placed.

(2) The proposed sign is the minimum relief necessary to assure it is visible to the intended viewers, typically passing motorists.

(3) The additional sign, additional sign area, alternative location, and/or the design will not adversely impact the adjacent residential areas, or otherwise compromise any other public interests.

(f) Application, Administrative Review, and Approval of Signage Proposals.

(1) A sign permit application shall be reviewed administratively by the Community Development Administrator for compliance with the design criteria, construction standards, maintenance, and all other applicable regulations in this Chapter.

(2) A Sign Permit shall expire one (1) year after the date of issuance if the sign has not been installed.

(3) The Community Development Administrator may approve a minor alteration to an existing Sign Permit without requiring the submittal, review and approval of a new Sign Permit application.

(4) Upon approval of a Sign Permit Application, the Community Development Administrator shall issue a Sign Permit.

(g) Schedule 1149.25 - Administrative Requirements.

Schedule 1149.25 Administrative Requirements
Sign Type	Sign Permit Required	Sign Permit Not Required
(1) Building, Permanent (Including wall, projecting, marquee, and awning/canopy signs)	X
(2) Freestanding, Permanent	X
(3) Instructional (Incidental) Sign		X
(4) Address Sign		X
(5) Temporary		X

(h) Status of Prior Violations. A violation of the sign regulations in effect upon the adoption of this Chapter shall continue, unless in compliance with this Chapter, and penalties and enforcement remedies available to the City shall continue in full force and effect. The City may continue to pursue imposition and collection of penalties for the violations that occurred prior to the effective date of this Chapter.

(Ord. 3273. Passed 5-9-24.)

1149.25 ELECTRONIC MESSAGE/CHANGEABLE COPY SIGNS.

(a) Changeable copy by non-electronic means may be utilized on any permitted sign.

(b) Electronic message centers (EMCs) are permitted in accordance with the sign areas permitted in Sections 1149.09 and 1149.13, in compliance with the following:

(1) Electronic message centers shall not be permitted in the Uptown Historic District.

(2) In Residential Districts, electronic message centers are permitted for non-residential uses and shall be located as follows:

A. A minimum of 100 feet from an adjacent residential parcel, but not counting residential parcels across a public right-of-way, and

B. A minimum of 120 feet from a residential structure.

(3) In the C-3, C-4, and I Districts, electronic message centers are permitted in compliance with the following:

A. Setback from Residential Districts. The leading edge of the sign shall be a minimum distance of 100 feet from an abutting residential district boundary.

B. Orientation. When located within 150 feet of a residentially-used lot in a residential district, all parts of the electronic changeable copy sign shall be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on such residential lot.

(4) An EMC sign may be a building sign or freestanding sign, provided it shall not exceed eighty percent (80%) of the total sign area of any sign or forty (40) square feet whichever is less.

(5) EMC Illumination.

A. The brightness of the EMC's illuminance shall not exceed 0.3 foot-candles above the ambient light level in accordance with the following procedure:

1. The illuminance of an EMC shall be measured with an illuminance meter set to measure foot candles accurate to at least two (2) decimals.

2. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color-capable EMC, or a solid message for a single-color EMC.

3. All measurements shall be taken as close as practical to a perpendicular plane of the sign at the distance determined by the following formula: The square root of the Area of Sign in Sq. Ft x 100.

B. All permitted EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination is programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3- foot candle measurements.

C. Each EMC sign shall be operated with monitoring and methods in place that shall either turn off the display, or show a full black image on the display, in the event of a malfunction that affects more than fifty percent (50%) of the EMC sign face.

(6) EMC signs shall have a minimum display time as follows:

A. In Residential and Limited Residential Business Districts, where permitted, EMC signs shall have a minimum display time of twelve (12) seconds. The transition time between messages and/or message frames is limited to one (1) second. The following EMC display features and functions are prohibited: scrolling, traveling, flashing, spinning, rotating, fade, dissolve, any other moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.

B. In nonresidential districts, EMC signs shall have a minimum display time of eight (8) seconds. The transition time between messages and/or message frames is limited to three (3) seconds. Transitions may employ fade, dissolve, and or other transition effects. The following EMC display features and functions are prohibited: continuous scrolling and/or traveling, flashing, spinning, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.

(c) Off-site Advertising Prohibited. Changeable copy signs shall not be used to display commercial messages relating to products or services that are not offered on the premises.

(Ord. 3273. Passed 5-6-24.)

1151.01 PURPOSE.

Off street parking and loading requirements and regulations are established in order to achieve, among other things, the following purposes:

(a) To provide regulations that assure sufficient number of off-street parking spaces, in proportion to the need of each use to:

(1) To relieve congestion on streets to allow more fully the movement of vehicular traffic;

(2) To lessen vehicular movement in the vicinity of intensive pedestrian traffic and thereby promote safety and convenience;

(3) To protect adjoining residential neighborhoods from excessive non residential on street parking;

(4) To promote general convenience, welfare and prosperity of developments which depend upon off street parking facilities;

(b) To provide for accommodation of vehicles in a functionally and aesthetically satisfactory manner and to minimize external effects on adjacent land uses.

(Ord. 3273. Passed 5-9-24.)

1151.03 PARKING FACILITIES REQUIRED.

Accessory off street parking facilities, including access driveways, shall be provided prior to the occupancy of a building or use. Facilities shall be provided for the entire building or use in accordance with the regulations in this Chapter whenever:

(a) A building is constructed or a new use is established;

(b) An existing building is altered or there is an increase in the number of dwelling units, seating capacity, floor area of a building, or employees; or,

(d) The Community Development Administrator is authorized to waive a requirement for additional parking spaces relating to the construction of a minor accessory building or minor building addition when such construction is within the limits prescribed by Section 1111.01(c)(2) Minor Construction.

(Ord. 3273. Passed 5-9-24.)

1151.05 EXPANSION OF EXISTING PARKING LOTS.

(a) When an existing parking lot or loading area is increased in area by thirty-three percent (33%) or more, the entire parking lot or loading area shall conform to the current requirements for paving, storm sewer, and landscaping.

(b) Alterations or repairs may be made to any existing parking lot or loading area without requiring the existing facility to comply with the current requirements of this Chapter. Alterations or repairs shall conform to the applicable requirements set forth herein.

(Ord. 3273. Passed 5-9-24.)

1151.07 UNITS OF MEASURE.

In computing the number of parking spaces required by the Code, the following rules shall apply:

(a) Floor Area. Gross floor area shall be used as the standard for determining parking space requirements, for all land uses, unless specifically noted otherwise.

(b) Seats. When seating capacity is the standard for determining parking spaces, the capacity shall mean the number of fixed seating units installed or indicated or one seat for each twenty-four (24) lineal inches of benches or pews; or the capacity shall be determined as one seat for each twenty (20) square feet of gross floor area of the assembly room.

(c) Employees. Employees, when used as the standard for determining parking space requirements, employees shall mean the maximum number of employees on any two (2) successive shifts.

(d) Fractional Numbers. When the computation results in a fractional unit, one additional off street parking space shall be added.

(e) Parking for Mixed Uses. When a building or group of buildings contains two or more uses, normally operating during the same hours, the number of parking spaces for each use shall be computed separately. The total spaces provided shall not be less than the sum of the spaces required for each use, except as otherwise provided for in this Chapter.

(f) Parking Requirements for Uses Not Specified.

(1) When the off street parking requirements for a use are not specifically defined herein, the parking facilities for such use shall be determined by the Community Development Administrator based on the standard most similar to the proposed use.

(2) Appeal by the applicant of a decision by the Community Development Administrator according to this Section and deemed to be too restrictive may be reviewed by the Planning Commission at a regular meeting.

(Ord. 3273. Passed 5-9-24.)

1151.09 OFF-STREET PARKING STANDARDS.

The number of off street parking spaces for each facility, establishment, or use in the Special, Residential; Commercial; Industrial; and PRD Districts shall be determined by application of Schedule 1151.09.

Schedule 1151.09 Required Off-Street Parking Spaces
	Parking Standard
Principal Building or Use	Minimum Requirement (a)	Maximum Allowance (b)
(a) Residential Uses.
(1) Single-family detached dwelling	2 spaces per dwelling unit	NA
(2) Two-family dwelling	2 spaces per dwelling unit	NA
(3) Single-family attached dwelling, Multi-family dwelling	2 spaces per dwelling unit, plus guest parking at the rate of 1 space for every 4 dwelling units	NA
(4) Bed and Breakfast	1 space per guest room; plus 2 spaces for the owner's unit	NA
(5) Independent dwelling units in an Age Restricted Residential Development	1.5 spaces per 1-bedroom unit, 2 spaces per 2-bedroom unit, plus 0.25 visitor spaces per unit	NA
(6) Congregate care facility/Nursing home	1 space per 2 beds, plus 1 space for every 3 employees	NA
(7) Large group home	1 space per 2 beds	NA

Schedule 1151.09 Required Off-Street Parking Spaces
	Parking Standard
Principal Building or Use	Minimum Requirement (a)	Maximum Allowance (b)
(b) Community/Educational Facilities.
(1) Place of worship	1 space for every 6 seats in the portion of the building to be used for assembly use.	1 space for every 4 seats in the portion of the building to be used for assembly use, plus 1 parking space for every 200 square feet of floor area not designed to be used for assembly purposes
(2) College, universities	1 space per 400 square feet of floor area in classrooms	1 space per 200 square feet of floor area in classrooms
(3) Community center	1 space for each 400 square feet of public floor area	NA
(4) Library, cultural institution or similar use	1 space for each 400 square feet of public floor area	NA
(5) Kindergarten, nursery school, child or adult day care center	2 spaces per classroom but not less than 6 spaces for the building	NA
(6) Elementary and junior high schools	2 spaces per classroom plus 1 space for every 4 seats in the largest auditorium or assembly room	NA
(7) High School	1 space for every teacher, employee and administrator, plus 1 space per 7 students, plus 1 space for every 4 seats in the largest auditorium or sports arena	NA
(8) Park/playground	5 spaces per acre plus other use requirements	NA
(9) Public facility	1 space per 200 square feet of floor area	NA

Schedule 1151.09 Required Off-Street Parking Spaces
	Parking Standard
Principal Building or Use	Minimum Requirement (a)	Maximum Allowance (b)
(c) Office, Professional Services
(1) Business, professional and administrative office (excluding medical and dental)	1 space per 300 square feet of floor area	1 space per 200 square feet of floor area
(2) Banks, financial institutions	1 space per 300 square feet of floor area	1 space per 250 square feet of floor area
(3) Medical/dental/health services clinics, including urgent care clinic.	1 space per 250 square feet of floor area	1 space per 200 square feet of floor area
(4) Hospital	1 space for every 2 beds, plus 1 space for every 3 employees	NA
(5) Scientific research, development, training and testing laboratory	1 space per 400 square feet of floor area	1 space per 400 square feet of floor area plus one space for each 200 square feet of gross area used for office space.
(d) Retail/Personal Services.
(1) Animal boarding facility	1 space per 1000 square feet of floor area	1 space per 500 square feet of floor area
(2) Retail establishment, business or personal service establishment (except as otherwise specified below)	1 space per 250 square feet of floor area	1 space per 200 square feet of floor area
(3) Beauty salons and barber shops	2 spaces per beauty or barber chair	2.5 spaces per beauty or barber chair.
(4) Funeral home	1 space per 50 square feet of floor area of sitting or service rooms, plus one space for each vehicle maintained on the premises	1 space for every 28 square feet of floor area of sitting or service rooms, plus 1 space for each vehicle maintained on the premises

Schedule 1151.09 Required Off-Street Parking Spaces
	Parking Standard
Principal Building or Use	Minimum Requirement (a)	Maximum Allowance (b)
(5) Hotel, motel	1 space per guest room or unit, plus 1 space for every 2 employees	1.5 spaces per room or unit, plus 1 space for every 2 employees.
(6) Restaurant (including bars/taverns) Table Service	1 space per 100 square feet of floor area plus 1 space for each delivery vehicle.	1 space per 67 square feet of floor area plus 1 space for each delivery vehicle.
(7) Restaurant Counter Service when located as the only use in a free standing building	20 spaces, or 1 space per 100 square feet of floor area, whichever is greater, plus 1 space for each delivery vehicle	20 spaces, or 1 space per 50 square feet of floor area, whichever is greater, plus 1 space for each delivery vehicle
(8) Restaurant Counter Service when located in a shopping center(c)	10 spaces, or 1 space per 100 square feet of floor area, whichever is greater, plus 1 space for each delivery vehicle	10 spaces, or 1 space per 50 square feet of floor area, whichever is greater, plus 1 space for each delivery vehicle
(9) Restaurant counter service with no dining area provided	1 space per 275 square feet of floor area, plus 1 space for each delivery vehicle	1 space per 200 square feet of floor area, plus 1 space for each delivery vehicle
(10) Seasonal outdoor dining areas with less than 500 sq ft of outdoor seating area	No additional parking required
(11) Retail large format such as Furniture and Appliance; Builders' Supply; Showrooms of Plumbers, Decorators, Electricians or similar trades; Nursery and Garden Supply Establishments	1 space per 500 square feet of building floor area, plus 1 space per 1,000 square feet of outdoor display/sales area	1 space per 250 square feet of building floor area, plus 1 space per 1,000 square feet of outdoor display/sales area
(12) Veterinary office and animal hospital	1 space per 400 square feet of floor area, plus 1 space for every 2 employees.	1 space per 200 square feet of floor area.

Schedule 1151.09 Required Off-Street Parking Spaces
	Parking Standard
Principal Building or Use	Minimum Requirement (a)	Maximum Allowance (b)
(e) Entertainment - Recreation.
(1) Assembly hall/membership club/conference center	1 space for every 6 seats	1 space for every 4 seats
(2) Theater, sports arena	1 space for every 4 seats	1 space for every 2.5 seats
(3) Bowling alley	4 spaces per bowling lane, plus 1 space per 100 square feet of floor area used for a restaurant or lounge	5 spaces per bowling lane, plus 1 space per 100 square feet of floor area used for a restaurant or lounge
(4) Commercial recreation, indoor	1 space per 250 square feet of floor area	1 space per 200 square feet of floor area.
(5) Commercial recreation, outdoor	1 space per 1,000 square feet of recreation area	1 space per 250 square feet of recreation area
(6) Skating rink	1 space per 100 square feet of floor area (including lounging and spectator area)	1 space per 67 square feet of floor are (including lounging and spectator area)
(7) Health club	1 space per 250 square feet of exercise area, including locker and equipment rooms	1 space per 200 square feet of exercise area, including locker and equipment rooms.
(8) Golf course (9 holes or more)	8 spaces per green	NA
(9) Miniature golf	1 space per hole	2 spaces per hole
(10) Swimming pools, public or private (not associated with residences)	1 space for every 5 persons, based on pool capacity	NA
(11) Tennis courts	4 spaces per court	NA
(12) Entertainment Device Arcade and Computerized Internet Sweepstakes Café	1.5 spaces per computerized sweepstakes device	NA

Schedule 1151.09 Required Off-Street Parking Spaces
	Parking Standard
Principal Building or Use	Minimum Requirement (a)	Maximum Allowance (b)
(f) Automotive Uses.
(1) Gasoline station/pumps	2 per pump + other use requirements	NA
(2) Motor vehicle service station, motor vehicle or boat repair garage	2 spaces per service bay, plus 1 space for every employee, but never less than 5 spaces	NA
(3) Motor vehicle sales and leasing	1 space per 400 square feet of floor area of sales room, plus 1 space for each auto service stall in the service room and 1 space per employee	NA
(4) Car wash	2 per wash bay	NA
(5) Equipment sales, rental, including farm supplies and services	1 space per 400 square feet of floor area of sales room, plus 1 space for each service stall in the service room and 1 space per employee	NA
(g) General Commercial and Industrial Uses.
(1) Transport and truck terminals	1 space for every 2 employees	NA
(2) Distribution, warehouse facility, wholesale	2 spaces for each employee on the largest working shift	NA
(3) Self-storage facility, indoor	When an on site leasing or project office is provided, 1 parking space for each 100 storage units. When no on site office is provided, no spaces are required. Required parking spaces shall not be rented, leased, or used as vehicle storage areas.	NA

Schedule 1151.09 Required Off-Street Parking Spaces
	Parking Standard
Principal Building or Use	Minimum Requirement (a)	Maximum Allowance (b)
(4) All other general commercial uses	1 space per 250 square feet of floor area	1 space per 200 square feet of floor area
(5) All other industrial uses with a single shift	1 space for each employee, plus 1 space for every company owned car, truck, or other vehicle.	NA
(6) All other industrial uses with more than one shift	1.5 spaces for each employee on the largest working shift
Notes to Schedule 1151.09: (a) A minimum of five (5) spaces is required for a facility other than a single family detached, single family attached or two family dwelling. (b) Maximum number of parking spaces permitted in the C-1, C-2, C-3 and C-4 Districts. (c) A shopping center includes one or more multi tenant building(s) and/or group of buildings where the required parking spaces are provided in a shared parking lot.

(Ord. 3273. Passed 5-9-24.)

1151.11 PARKING REQUIREMENTS FOR THE C-2 CHARDON SQUARE MIXED USE DISTRICT.

In recognition of the historic C-2 Chardon Square Mixed Use District, with its compact character of buildings, the prevalence of on-street parking spaces and the availability of off-street parking spaces in two City-owned parking lots, the Planning Commission may approve a development plan for new construction with up to an eighty percent (80%) reduction in the requirements of Schedule 1151.09, Required Off Street Parking Spaces. An applicant shall submit a parking assessment in support of a reduction, at the time a concept development plan is submitted, that includes the information detailed in Section 1151.13. In making a determination, the Planning Commission shall consider the following criteria:

(a) The character of the proposed use and the ability of the proposed use to reinforce the main street environment;

(b) The availability and accessibility of public parking spaces, both on street and within public parking lots;

(c) The availability of parking areas on adjacent sites, considering the hours of operation of the proposed use compared to adjacent uses; and,

(d) The potential negative impact to the character of the Chardon Square if the requisite number of parking spaces are or are not provided.

(Ord. 3273. Passed 5-9-24.)

1151.13 PARKING ASSESSMENT.

The Planning Commission may approve a development plan for a non residential use with fewer parking spaces when the reduction is supported by a parking assessment, described below, submitted with the application for a proposed use.

(a) The parking assessment shall include a description of the use and its anticipated relationship to, and impact on, the surrounding neighborhood. The assessment shall include the following:

(1) The nature of the proposed uses, activities and events that will be accommodated.

(2) The maximum design capacity of the facility.

(3) The anticipated pattern of use, including peak hours.

(4) The estimated traffic generation and parking demand, including the estimated number of parking spaces required at peak capacity.

(5) The number of parking spaces required according to Schedule 1151.09 compared to the number of spaces proposed.

(6) The current supply and utilization of parking spaces in the immediate area.

(7) The number of available spaces that meet the needs of the proposed use.

(8) Suggested parking management solutions to address a deficiency between the number of parking spaces available and anticipated parking demand.

(9) Area of the development site where snow storage is to be accommodated.

(b) The Planning Commission may approve a fewer number of parking spaces if it finds that the proposed parking shall satisfy the parking demands of the use without burdening other available parking facilities in surrounding areas of the City.

(c) The Planning Commission may require a greater number of parking spaces if it finds that the proposed parking will not satisfy the parking demands of the use without burdening other available parking facilities in surrounding areas of the City.

(d) The Planning Commission may require, as a condition of approval, that all parking spaces required by Schedule 1151.09 be accommodated on the site, and the construction of a portion of the spaces may be deferred in compliance with Section 1115.15. (Ord. 3273. Passed 5-9-24.)

1151.15 DEFERRED CONSTRUCTION OF REQUIRED SPACES.

If the number of parking spaces required in Schedule 1151.09 is larger than the number of spaces anticipated by the applicant and the applicant submits a parking assessment that provides sufficient evidence to support the reduced parking needs, a development plan may be approved with an allowance for the construction of a lesser number of parking spaces provided that:

(a) The total number of parking spaces initially constructed shall not be less than thirty percent (30%) of the spaces required this Chapter.

(b) Suitable areas are reserved for the construction of the balance of the required spaces in the event such spaces become necessary, and such areas are shown on the development plan in locations and with landscaping in full compliance with this Planning and Zoning Code.

(c) The Planning Commission, upon reevaluation of the project's parking needs, may determine that some or all of the required parking spaces be constructed, and shall notify the property owner of such determination.

(d) Additional parking, if determined to be necessary, shall be constructed according to the approved development plan.

(Ord. 3273. Passed 5-9-24.)

1151.17 ALLOWANCE FOR SHARED PARKING FOR NONRESIDENTIAL USES.

Two (2) or more non-residential uses may share a parking facility without providing the minimum number of on site required spaces for each use, when parking spaces are provided in compliance with all the requirements of this Section.

(a) The minimum required number of parking spaces for the combined uses may be reduced by twenty percent (20%) for shared parking when hours of operation overlap.

(b) When the hours of operation DO NOT overlap, the parking facility to be shared shall contain the largest number of minimum required spaces for the uses sharing the lot.

(c) The parking facility to be shared shall be owned by the owner of one of the uses, leased for a twenty (20) year minimum term or through a permanent easement by the owners of the uses being served. A lease or easement shall be approved by the Community Development Administrator and the Law Director.

(d) Parking spaces to be shared shall not be reserved on a twenty four hour basis for a specific person, individual, or use.

(e) Handicap parking spaces shall not be shared, unless the uses are adjacent to the handicap spaces and no inconvenience to the users of the spaces would result.

(f) Loading spaces shall not be shared.

(g) A proposed change in the use of a structure that shares a parking facility requires approval by the Community Development Administrator after finding that adequate parking will be available.

(h) A shared parking facility shall be located on the same lot as the use for which parking is provided, unless the parking facility complies with all the requirements of Section 1151.19, Allowance for Off site Parking.

(Ord. 3273. Passed 5-9-24.)

1151.19 ALLOWANCE FOR OFF-SITE PARKING.

All off street parking spaces shall be located on the same lot as the structure or use unless parking spaces are provided in compliance with all the requirements of this Section.

(a) The use shall provide at least fifty percent (50%) of the required parking spaces on the site. The Planning Commission may grant an exception to this requirement under the following criteria:

(1) Proximity of the proposed parking area to the use served;

(2) Ease and safety of access between the proposed parking area and the use served;

(3) The use to be served by the off site parking; and,

(4) The hours of operation of the use to be served by the off site parking.

(b) Off site spaces shall be within 800 feet walking distance, measured along the pedestrian route to a building entrance or use. Safe and convenient pedestrian access, such as a sidewalk or path, shall exist or be provided from the structure or use to the parking lot. Appropriate safety measures shall be provided if the pedestrian must cross an arterial street.

(c) Contiguous lots providing off street parking for more than one use shall provide sufficient parking spaces to comply with the combined total parking requirements for all uses unless an allowance for shared parking is granted under Section 1151.17.

(d) The off site lot may be located in another commercial or industrial zoning district than the structure or use it serves.

(e) The lot used as an off site parking facility shall be owned or leased for at least a twenty (20) year term or acquired through a permanent easement by the owner of the use being served. The Community Development Administrator and the Law Director shall approve the lease or easement. If the term of the use is limited by a conditional use permit, then the term of the lease agreement for parking may be limited accordingly. At the expiration of the term of a lease or extensions thereof, the owner shall provide other suitable parking with sufficient parking spaces or end the use that required the parking.

(f) The number of the off site parking spaces shall not be reduced, unless other sufficient parking spaces are provided by the owner of the use. The Community Development Administrator's approval is required prior to changing the approved parking plan.

(g) All required handicapped parking spaces for a use shall be located on site.

(h) All required loading spaces shall be located on site.

(i) An existing non conforming parking lot used under this Section as off site parking shall be landscaped, paved and striped according to the standards of this Chapter and the Planning and Zoning Code.

(Ord. 3273. Passed 5-9-24.)

1151.21 PARKING SPACES FOR PERSONS WITH DISABILITIES.

In compliance with the Americans with Disabilities Act (ADA) of 1990, all new construction and alterations to places of public accommodation and commercial facilities shall provide parking spaces that are designed and constructed to be readily accessible to persons with disabilities. (Ord. 3273. Passed 5-9-24.)

1151.23 LOCATION OF REQUIRED PARKING SPACES.

In addition to specific requirements contained in each zoning district regulation, the location of off street parking facilities shall further be regulated as follows:

(a) Off street parking spaces required for a dwelling unit shall be located on the same zoning lot as the dwelling unit.

(b) Required guest parking in a multi family development shall be equally distributed throughout the development.

(c) Off street parking spaces for a non residential use shall be located on the same lot as the structure or use unless off site parking is provided pursuant to Section 1151.19.

(d) All required off street parking spaces shall have direct access to an aisle or driveway without the need to move another vehicle, except as otherwise specifically permitted in this Chapter.

(e) Parking Lots Adjacent to Buildings. Off street parking spaces for a use other than a single or two family dwelling shall be located at least ten (10) feet from any building wall containing ground floor openings other than a garage door providing access, light, or ventilation to the building.

(f) Parking in Designated Areas Only. A vehicle customarily or seasonally parked shall be parked only in a parking area specifically constructed for such purpose and shall not be parked on tree lawns on the lot, sidewalks, yards or other areas required to be landscaped.

(g) Areas Computed as Parking Spaces. Areas counted as open or enclosed off street parking spaces include a private garage, carport or other area available for parking. A street or driveway shall not be counted, except as specifically permitted below:

(1) A driveway in the side yard of a single family detached or two family dwelling shall be counted as two (2) parking spaces per dwelling unit.

(2) In a multi family development including attached single family dwellings and units in a Planned Residential Development Overlay District, a dwelling unit that has a separate and individual private driveway that can accommodate two (2) automobiles without encroaching on the public right-of-way shall be counted as two (2) parking spaces.

(Ord. 3273. Passed 5-9-24.)

1151.25 OFF-STREET STACKING SPACES FOR DRIVE-THRU FACILITIES.

A drive thru establishment or other establishment which, by its nature, creates lines of vehicles used by its customers waiting to be served shall provide off street stacking spaces on the same lot as the use, in addition to the required number of parking spaces in Schedule 1151.09, in accordance with the requirements in Schedule 1151.25:

(a) Schedule 1151.25 Minimum Number of Stacking Spaces:

Schedule 1151.25 Minimum Number of Stacking Spaces (WS)
Use	Minimum Requirement
(1) Establishments selling food/drinks:	Six (6) stacking spaces per drive thru window as measured from the first window
(2) Automatic car wash facilities where a chain conveyor or other similar method is used to move the vehicle through the structure:	Ten (10) stacking spaces, not counting the washing bay
(3) Banks, ticket booths, drive up ATM machines and other similar facilities with service windows or service entrances:	Four (4) stacking spaces for the first drive thru window or stall plus two (2) stacking spaces for each additional window or stall, which may be distributed as determined by the applicant
(4) Self serve car wash facilities:	Two (2) stacking spaces per stall, not counting the washing bay
(5) Gasoline stations:	Two (2) stacking spaces per accessible side of a gasoline pump island
(6) All other uses	Three (3) stacking spaces for each window, stall, and entrance

(b) Stacking Space Dimensions. The area of an off street stacking space shall be at least 144 square feet (measuring eight (8) feet by twenty (20) feet) exclusive of access drives and parking aisles and shall not interfere with parking or circulation.

(c) Off-street stacking spaces, which includes the space for the vehicle being waited upon at the service window or fuel pump, shall be clearly delineated on the development plan.

(d) The number of stacking spaces required by Schedule 1151.25 shall be required for each separate stacking lane. If two (2) or more stacking lanes converge into one lane (e.g., two (2) separate lanes for ordering at a restaurant converge to one lane after the menu board), the stacking spaces shall be measured in accordance with Schedule 1151.25 with the spaces located after the convergence point counting toward both stacking lanes.

(e) Vehicles shall not be permitted to wait within the public right-of-way for service at any drive-in or drive-thru facility.

(Ord. 3273. Passed 5-9-24.)

1151.27 PARKING DESIGN STANDARDS.

Off street parking areas shall be designed and constructed in compliance with the minimum dimensions in Schedule 1151.27 (Parking Design Standards), based on the angle of the spaces in Figure 1151.27, which illustrates the requirements for each parking space design.

Schedule 1151.27 Parking Design Standards
	45 Degrees	60 Degrees	90 Degrees	Parallel
(a) Width of Parking Space	9 ft.	9 ft.	9 ft.	9 ft.
(b) Length of Parking Space	--	--	20 ft.	23 ft.
(c) Width of Circulation Aisle (1)	15 ft.	18 ft.	22 ft.	13 ft.
(d) Width of Double-Loaded Parking Module when Spaces Interlock	53 ft.	58 ft.	62 ft.	32 ft. (one-way aisle)
(e) Length of Aisle to Curb	19 ft.	20 ft.	--	--
(f) Effective Parking Space Area	180 sf	180 sf	180 sf	230 sf
Notes to Schedule 1151.27: (1) Circulation aisles having a width less than 22 feet shall be one way aisles.

Figure 1151.27

Illustration of Parking Design Standards

(Ord. 3273. Passed 5-9-24.)

1151.29 OFF-STREET LOADING REQUIREMENTS.

Loading and unloading facilities shall be provided prior to occupancy of a non residential building hereafter erected, altered, or to be occupied by a new user, and shall be maintained while the building is occupied, unless equivalent facilities are provided as provided by the regulations of this chapter.

(a) Authority of the Community Development Administrator. The Community Development Administrator may waive the requirement for a loading and unloading facility based on the nature of the proposed use or the practical difficulties of adding such facilities to an existing building.

(b) Location. Loading spaces shall be located on the same lot as the use served, to allow the orderly and safe movement of trucks. The required yard, off street parking area, or access drive shall not be used for loading or unloading purposes, except that the Community Development Administrator may allow two (2) or more uses provide permanent off street loading and unloading spaces, shared by the uses. No such space shall be located closer than twenty-five (25) feet to another lot in a Special or Residential District, unless within a completely enclosed building or unless enclosed on all sides facing lots in a Special or Residential District by a wall or fence not less than six (6) feet in height.

(d) An Off street loading space shall not be used for repairing or servicing motor vehicles.

(e) Access Driveways. Each required off street loading and unloading space shall be designed for direct vehicular access by means of a driveway, or driveways, to a public street, public right of way except in situations of existing commercial facilities in the Chardon Square Mixed Use District (C 2) where no other means for loading/unloading exists.

(f) Minimum Loading Spaces Required. Except as otherwise provided herein, for a building or part thereof in any zoning district with a gross floor area of 10,000 square feet or less, occupied by a manufacturing, storage, warehouse, retail establishment, wholesale store, market, hotel, hospital, mortuary, dry cleaning or other similar use requiring the receipt or distribution by motor vehicle of material or merchandise, at least one off street loading space shall be provided and maintained on the same lot with such building. One additional loading space for each additional 20,000 square feet or major fraction thereof of gross floor area shall be provided when required because of the volume material or merchandise shipped or received by motor vehicle.

(Ord. 3273. Passed 5-9-24.)

1151.31 PEDESTRIAN WAYS.

Pedestrian ways shall be devoted to pedestrian use to separate vehicular and pedestrian traffic and provide the maximum safety and convenience.

(a) A pedestrian way shall be planned, designed, and located by applying accepted engineering and land planning.

(b) A pedestrian way shall be paved and drained as required by the Planning and Zoning Code and, if applicable and considering the location and traffic conditions, in accordance with the Municipal sidewalk construction regulations.

(Ord. 3273. Passed 5-9-24.)

1151.33 REGULATIONS FOR ACCESS DRIVES.

The location and number of entrance and exit access drives to parking spaces shall be in accordance with the following:

(a) Ingress and Egress. Entrances to parking areas shall be only from an adjoining public street or alley, or a permanent access easement. Adequate ingress and egress to the off street parking area by means of clearly limited and defined drives shall be provided for vehicles.

(b) Location. The intersection of a parking lot driveway with a street shall be located not less than 125 feet from a street intersection or placed not less than sixty-five (65) feet from another driveway (measured from the center lines) unless otherwise approved by the Municipal Engineer and the Planning Commission.

(c) Interconnected Drives. The Planning Commission may require off street parking areas serving adjacent business establishments to be interconnected by drives designed and constructed for safety and convenience.

(d) Number of Drives.

(1) Each parcel shall have not more than two (2) access drives from each street unless otherwise permitted below.

(2) One (1) additional access drive may be permitted for lots with 200 feet of frontage on one street.

(3) Two (2) additional access drives for lots with 500 feet of frontage may be permitted when the Planning Commission determines that they benefit good traffic operation.

(4) The use of common drives by two (2) or more uses shall be encouraged to reduce the number of access drives.

(Ord. 3273. Pased 5-9-24.)

1151.35 CONSTRUCTION, USE, IMPROVEMENT AND MAINTENANCE STANDARDS.

All driveways, parking areas, waiting areas, and loading/unloading areas, in addition to meeting the requirements of Chapter 1161, shall be constructed in accordance with standards established by the Municipal Engineer and the following:

(a) Intersection of Driveways and Streets. The street at its intersection with the apron of an access driveway shall be flared as set forth below:

(1) For one and two family dwellings, the flair of the driveway shall begin a minimum of ten (10) feet from the street pavement and shall be a minimum of three (3) feet plus one and one half (1 ½) feet for curb transition on each side of the driveway at the street pavement.

(2) For all other uses, the flair of the driveway shall begin a distance from the street pavement equal to the width of the driveway and shall be a minimum of one half (1/2) the width of said driveway plus one and one half (1 ½) feet for curb transition on each side of the driveway of the street pavement. No driveway flair shall be less than three (3) feet plus the required curb transition.

(b) Driveway Widths.

(1) A driveway for one and two family dwellings shall be at least nine (9) feet wide for each dwelling unit served. The maximum width shall be twenty (20) feet.

(2) For all other uses, the minimum driveway width measured at the property line, shall be fifteen (15) feet for a one-way in or out driveway, and a minimum of eleven (11) feet per lane for two (2) or more lanes. The maximum driveway width shall be thirty eight (38) feet, unless otherwise approved by the Planning Commission.

(1) All parking lots, including one and two family dwelling parking areas, loading areas, and the associated improvements and means of ingress and egress shall be constructed with concrete or asphalt paving.

A. Paving materials to be used within public right of way or easement shall conform to the specifications in the Municipal Standard Specifications for Paving of Parking Lots, Loading Areas and Driveways (hereinafter referred to as the Municipal Paving Standard.)

B. Specifications for paving outside the public right of way shall be approved by the Municipal Engineer for conformance to the Municipal Paving Standard, as applicable with accepted engineering practices and standards as well as the Planning and Zoning Code and use.

(2) Alternate specifications equal or superior to the Municipal Paving Standard may be approved by the Municipal Engineer when, in the opinion of the Municipal Engineer and in accordance with accepted engineering practice, a specification is superior to those set forth in the Municipal Paving Standard.

(d) Grading and Drainage.

(1) The minimum permitted driveway grade shall be not less than one-half percent (0.5%) and the maximum permitted grade shall be no more than twelve percent (12%).

(2) No parking lot shall be constructed, maintained, or used which diverts or changes the natural flow of water there from unless the drainage plan is first approve by the Municipal Engineer.

(3) All parking lots, loading and unloading areas, means of ingress and egress, and associated improvements shall be designed and constructed to contain storm water upon the use and provide connectors to the Municipal storm sewer system to drain the contained storm water. Excepting unusual circumstances, parking areas for one and two family dwellings shall not require storm sewers, but shall be graded to drain storm water to the Municipal storm sewer system.

(4) Storm sewers shall conform to the Municipal Storm Sewer Regulations (S.U. & P. S. Chapter 929), the Municipal Specifications for Storm Sewers.

(5) All grading and surface drainage shall conform to the Grading and Surface Water Drainage Regulations, Title Five, Chapter 11.

(e) Street Curb Cuts. Cutting street curbs for driveways shall be done in accordance with the municipal specifications for curb cuts (See Municipal Specifications for Streets).

(f) Driveway Culverts. On existing streets where street drainage ditches are utilized for storm water management, driveway culverts pipes shall be required at the intersection of the driveway and the drainage ditch. The minimum culvert pipe requirement is twelve (12) inch (I.D.) reinforced concrete pipe. The proposed pipe material, pipe size, and associated installation details shall be adequate to meet the storm water management and traffic needs of the particular location and shall be approved by the Municipal Engineer.

(g) Construction Inspection and Testing. Work within the scope of this Chapter is subject to Municipal inspection before, during, and after construction for compliance with the approved plans, municipal specification, and applicable regulations. The work and materials are subject to testing by the Municipality for compliance with the municipal specifications and applicable engineering standards. The cost of inspections and testing shall be paid by the project developer in accordance with the Schedule of Fees.

(h) The minimum number of off street parking spaces, waiting spaces and loading and unloading spaces required for a use shall be maintained at all times and shall not be used for another purpose, unless specifically permitted otherwise.

(1) No person shall use an off street parking space, waiting space or loading and unloading space for the storage of wrecked, junk, inoperable or unregistered vehicles.

(2) No person shall repair or service a vehicle in an off street parking space, waiting space or loading and unloading space.

(i) Illumination in Open Areas. A parking area shall be illuminated whenever necessary for security and public safety. Lighting shall comply with the regulations in Section 1153.25 Lighting Regulations.

(j) Curbs and Wheel Blocks/Bumper Guards. Appropriate bumper guards or barrier curbs shall be provided to contain the cars on a sloping surface, to prevent vehicle over hang and other encroachment into required yards, walkways, sidewalks, aisles, parking spaces, landscaping or adjacent property. A curb, wheel block and bumper guard material is subject to the municipal specifications and standards and construction shall be approved by the Municipal Engineer.

(k) Marking. An off street parking area for five (5) or more parking spaces and all waiting spaces shall indicate by painting upon the surface, by raised directional signs, by marking or by other similar devices placed in the surface the location of each parking or waiting space, the location of a parking space, and the location and direction or movement along the aisles and access drives providing access thereto.

(l) End Islands. End islands shall be provided at the termination of parking aisles to insure adequate turn radius for drive aisles. End islands shall be designed in accordance with Figure 1151.27 and the International Traffic Engineers "Guidelines for Parking Facilities Location and Design".

(m) Maintenance. All parking areas, waiting spaces and loading spaces shall be maintained to keep it free from rubbish, paper and other loose particles. Signs, markers or other devices used to direct traffic movement and the location of parking and loading spaces shall be maintained to be visible. Walls, trees, shrubbery, and the parking lot surface, shall be maintained in good condition. The property owner shall maintain parking lots and loading areas in good condition and repair to provide a continuous, hard, dustless surface, properly drained, and free of obstructions. (Ord. 3273. Passed 5-9-24.)

1151.37 PARKING LOT LANDSCAPING AND SCREENING.

Parking areas shall be landscaped, screened and buffered in conformance with Chapter 1153, Landscaping, Buffers and Lighting Regulations.

(Ord. 3273. Passed 5-9-24.)

1151.39 NONCONFORMING PARKING FACILITIES.

A building or use existing lawfully on the effective date of the Planning and Zoning Code, or an amendment thereto, which does not comply with the off street parking regulations may continue the use If an existing building is altered or a use is changed or substituted then additional off street parking spaces shall be provided if required by Chapter 1123 (Nonconforming Uses, Lots and Structures).

(Ord. 3273. Passed 5-9-24.)

1153.01 PURPOSE.

The preservation of existing trees and vegetation, and the planting of new trees and vegetation, can significantly add to the quality of the physical environment of the City of Chardon. The regulations in this chapter are designed to foster development that will protect and preserve the appearance and character of the City, and promote the health, safety, and welfare of the community by:

(a) Requiring the proper utilization of landscaping and screening as a buffer between certain land uses to reduce noise, glare, and the visual clutter associated with parking and service areas;

(b) Requiring landscaping in the interior and along the perimeter of vehicular use areas to break up large expanses of pavement and reduce reflected heat and glare.

(c) Controlling the installation of exterior lighting fixtures to prevent light pollution in the forms of light trespass and glare and to preserve, protect and enhance the character of the City and the lawful nighttime use and enjoyment of property located within the City.

(d) Improving the appearance of off street parking areas and vehicular use areas and properties abutting public rights of way;

(e) Providing areas of permeable surfaces in order to:

(1) Allow the infiltration of surface water into groundwater resources;

(2) Reduce the quantity of storm water discharge, thereby reducing the hazards of flooding and aiding in the control of erosion and storm water runoff;

(3) Preserve air quality through the preservation and replacement of trees and significant vegetation removed in the course of development;

(4) Improve the quality of storm water discharge.

(f) Establishing minimum standards for the quality and appearance of plant material in the community landscape;

(g) Providing physiologically, psychologically, sociologically, and aesthetically necessary counterpoints to the man made environment; and,

(h) Protecting, preserving, and promoting the aesthetic character valued by the residents of the City of Chardon.

(Ord. 3273. Passed 5-9-24.)

1153.03 SCOPE OF APPLICATION.

(a) The provisions of this Chapter shall apply to:

(1) New Development. New development on vacant land that requires the approval of a development plan and issuance of a Zoning Certificate or building permit. The required landscaping shall be shown on plans submitted as part of the application.

(2) Existing sites. No building, structure, or vehicular use area shall be constructed or expanded unless the minimum landscaping required by the provisions of this chapter is provided on the property to the extent of its alteration or expansion. In the case of a substantial expansion, the entire site must be brought into compliance with the minimum requirements of this subchapter, or to the maximum extent practicable as determined by the Planning Commission in Section 1123.13. An alteration or expansion of an existing property is generally considered substantial when:

A. The square footage of an existing building exceeds thirty-three percent (33%) of the gross floor area of the existing building.

B. The square footage of the vehicular use area exceeds thirty-three percent (33%) of the total existing vehicular use area.

C. The land area of the developed portion of the zoning lot is increased by thirty three percent (33%) or more.

(b) Single family and two family residences are exempt from the requirements of this Chapter except for Schedule 1153.17, Minimum Number of Trees.

(c) The requirements of this Chapter are minimum landscaping requirements. Nothing herein shall prevent a developer from proposing and the City from approving, more extensive landscaping.

(d) All requirements of Chapter 1165 (Grading and Surface Water Drainage Regulations) shall apply.

(e) Plant materials and screening shall be reviewed and approved by the City Arborist and City Architect. (Ord. 3273. Passed 5-9-24.)

1153.05 FLEXIBILITY.

The standards and criteria in this Chapter establish the City's objectives and landscaping intensity expected. The Community Development Administrator and the Planning Commission may exercise discretion and flexibility with respect to the placement and arrangement of the required elements to ensure that the objectives of the zoning district and the proposed development or redevelopment are satisfied.

(Ord. 3273. Passed 5-9-24.)

1153.07 LANDSCAPING ALONG STREET FRONTAGE.

All areas within the required front yard and corner lot side yard building and parking setback, excluding driveway aprons, shall be landscaped as required below. The following minimum plant materials shall be provided and maintained on all lots or developments except lots devoted to single family detached and two family dwellings.

(a) Three (3) deciduous trees shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances. Large deciduous trees shall be used for setback areas that have minimum dimensions of twenty-five (25) feet for both length and width. Small deciduous trees shall be used for smaller setback areas.

(b) Twenty (20) shrubs shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.

(c) All areas not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment.

(d) Trees and shrubs may be aggregated appropriately.

(e) The size and type of trees and shrubs proposed for street frontage landscaping proposed shall be suitable for the size of the landscaped setback area. Whenever the building setback is five (5) feet or less, these requirements shall not apply.

(f) Tree species shall be subject to approval by the City Arborist based on hardiness, seasonal appearance, and contribution to shading and cooling.

(Ord. 3273. Passed 5-9-24.)

1153.09 SCREENING AND LANDSCAPING OF PARKING LOTS.

(a) Screening Along Public Streets. In addition to the requirements of Section 1153.07, whenever a parking area of five (5) spaces or more is adjacent to and within forty (40) feet of a public street, a continuous ten (10) foot wide landscape area shall be provided and maintained between the parking area and the street right of way line. The screening shall be a combination of a berm, ornamental fence or a decorative brick wall and low-level landscaping that provides a visual screen. The requirements of this subsection shall not apply where planting is required for screening pursuant to Section 1153.09(c)(6).

(1) Walls, and fences shall have a minimum height of three (3) feet, measured from the highest finished grade of the parking area and a maximum opaqueness of fifty percent (50%).

(2) Shrubs with a minimum height of thirty (30) inches shall be placed to effectively obscure a minimum of fifty percent (50%) of the parking area.

(3) Landscaping and screening shall be located parallel to and within five (5) feet of the edge of the parking lot.

(b) Perimeter Landscaping Requirements. Whenever the perimeter of a parking area of five (5) or more spaces within forty (40) feet of an abutting property, a landscape strip at least five (5) feet wide shall be provided along the perimeter. One large deciduous or two small deciduous trees for each forty (40) lineal feet shall be planted in the landscape strip. A wall, fence, or walkway may be constructed along the edge of the landscaped strip. This section shall not apply where planting is required for screening pursuant to Section 1153.09 (Buffering and Screening Between Districts and Uses).

(c) Interior Parking Lot Landscaping: Islands, Peninsulas and Bumpouts. Interior landscaping of parking lots shall be provided in accordance with the following requirements.

(1) Parking lots designed to accommodate thirty (30) or more vehicles shall provide a minimum of five percent (5%) of interior landscaping, reasonably distributed throughout the parking lot to define major circulation aisles and driving lanes and to provide visual and climatic relief from broad expanses of pavement.

(2) The area of a parking lot includes the vehicular use area within the perimeter of the parking lot, landscaped islands, parking spaces and circulation aisles. Circulation aisles with no parking spaces or landscaped islands located on either side are not included. See Figure 1153.09, Parking Lot Interior Calculation.

Figure 1153.09 - Parking Lot Interior Calculation.

(3) Interior landscaped areas shall be dispersed so as to define aisles and break up the expanse of paving and shall be spaced at intervals of no more than ten (10) consecutive spaces. Landscaped peninsulas and bumpouts that are designed as extensions from the perimeter landscaping areas shall also be considered as interior landscaping area, but shall not count as perimeter landscaping area. See Figure 1153.09.

(4) Each interior landscaped area shall be no less than 100 square feet. The minimum width for each area shall be ten (10) feet. In all cases, the minimum distance from a tree to the back of curb shall be four (4) feet.

(5) Within the landscaped areas, there shall be provided one (1) deciduous tree for every 10 parking spaces, and each interior landscape area shall have at least one (1) deciduous tree. Where a landscape area is equal to the width and length of two (2) parking spaces, a minimum of two large canopy trees shall be provided.

(6) Shrubs or low, spreading plant materials may be planted within the required landscaped islands provided there is no impairment to the visibility of motorists or pedestrians.

(7) To encourage the required landscaped areas to be properly dispersed, an individual landscape area shall not exceed 350 square feet, unless approved by the Zoning Inspector per sub section (8) below or as otherwise permitted for herein. An individual landscape area shall not exceed 1,500 square feet in a vehicular use area over 30,000 square feet.

(8) If the application of the interior landscape requirement significantly limits the function of the building site, the Community Development Administrator has authority to permit consolidation and relocation of the landscaped areas on the building site.

(Ord. 3273. Passed 5-9-24.)

1153.11 BUFFERING AND SCREENING BETWEEN DISTRICTS AND USES.

(a) Purpose. The purpose of this section is to establish provisions for a visually opaque screen or buffer between incompatible uses and to reduce the effects of glare from automobile headlights, noise, and other activities on lot which may disturb the owners and occupants of the abutting lot.

(b) Screening. Screening shall be of such nature and density that it will screen the activities on the lot from view of a first story window at normal level on an abutting lot.

(1) A lot in a Commercial or Industrial District abuts a Residential District;

(2) A lot in a Multi family Residential Zoning District abuts an R-1, R-2, R-3 or R-3CPE Residential District;

(3) A lot in a Residential District devoted to a non residential conditional use or a use that is permitted by right with supplementary regulations abuts a single-family or two-family dwelling;

(4) Required by Chapter 1145 (Conditional Use and P* Use Regulations);

(5) When a nonresidential use in a Planned Unit Development is located along the perimeter of the PUD and abuts a single family detached dwelling not in the PUD; and,

(6) When a wall of a non residential building in a Commercial or Industrial District faces or is across the street from a Residential District, screening shall be installed along the full length of such street frontage.

(d) Width of Buffer Yard. The width of the buffer yard shall be equal to the parking set back in the zoning district.

(e) Location. The buffer yard shall be located entirely within the higher intensity zoning district or use. The buffer yard may be placed in the lower intensity zoning district or partially within both zoning districts if the lots on both sides of the zoning district line and the entire buffer yard width have common ownership. A permanent easement over any portion of the buffer yard not within the higher intensity zoning district shall be executed, held by the Community Development Administrator, and recorded when the ownership of each lot changes. If a buffer yard is located in a residential development that has an owners' association or other similar legal entity, all buffer yards shall be located in open space owned by the association or in an open space easement granted to the owners' association.

(f) Buffer Yard Abutting an Adjacent Political Subdivision. When a property line abuts an adjacent political subdivision, the Planning Commission shall determine the screening and buffering required along that property line after consideration of the zoning classification and land use of the adjacent property. The requirements shall not exceed the municipal requirements for property within the City of Chardon with a similar use and zoning classification.

(g) Screening. When the natural vegetation within the required buffer yard does not form a solid, continuous, visual screen or is less than six (6) feet in height along the entire length of the common boundary at the time of occupancy, screening shall be installed in compliance with the following:

(1) Screening Materials. Screening design and plantings shall be compatible with the existing and proposed land use and character of the surrounding land, structures and development. Screening within the buffer yard shall include of one or more of the following:

A. A dense vegetative planting of trees or shrubs of a variety which provide effective screenings in winter and summer. Trees or shrubs shall be planted in a staggered planting pattern, spaced to form a solid, continuous visual screen within one (1) year after the initial installation. The minimum spacing of the trees shall be dependent on the species.

B. A non living opaque structure, such as a solid masonry wall, that is compatible with the principal structure or a solid wood fence and landscaped area at least ten (10) feet wide. Solid fences shall be designed, constructed, and finished so that the supporting members face the property owner of the fence and shall be maintained in good condition and repair, attractively finished at all times and be structurally sound.

C. An ornamental fence with openings through which light and air may pass and a landscaped area at least ten (10) feet wide. Chain link fence is prohibited.

D. A landscaped mound or berm at least seven (7) feet wide, with a slope no more than 3:1. Where the mound or berm is to be mowed, the maximum permitted slope is 4:1.

(2) Installation of Screening. Continuous screening shall be installed at the time of occupancy. Vehicular or pedestrian access through the screen may be necessary.

(3) Height of Screening. The height of screening shall comply with the following:

A. Visual screening by walls, fences, or mounds in combination with vegetation, fences or walls, shall be a minimum of six (6) feet high measured from the natural grade.

B. Visual screening shall not exceed a height of three (3) feet when it is located within a front yard or within twenty five (25) feet of a parking lot, drive, or driveway entrance.

C. Visual screening by vegetation only shall be a minimum of six (6) feet high, measured from the natural grade. The required height shall be achieved no later than one (1) year after the initial installation.

(h) Modifications to Buffering and Screening Requirements. A requirement of a buffer yard shall be applied equally to all similarly situated properties. The Community Development Administrator is authorized to modify the above buffering and screening requirements if:

(1) Natural land characteristics, such as topography or existing vegetation on the proposed building site, achieve the same screening requirement of this Section.

(2) Innovative landscaping or architectural design is proposed on the building site to achieve an equivalent screening and buffering effect.

(3) The required screening and landscaping will not provide visual screening at maturity due to the topography of the site, the location of the improvements on the site, or the topography of adjacent and surrounding sites.

(4) The Community Development Administrator is persuaded that it is highly improbable that the abutting property will be developed for residential purposes due to circumstances occurring after the adoption of the Comprehensive Plan and the Code.

(Ord. 3273. Passed 5-9-24.)

1153.13 SCREENING OF ACCESSORY USES AND STRUCTURES.

Screening of accessory uses shall be provided according to the following:

(a) Trash Collection Areas.

(1) Trash or garbage collection areas shall be enclosed on all sides by a solid wall or fence and a solid gate at least one (1) foot higher than the refuse containers in the collection area but not less than six (6) feet in height. The solid wall or solid fence shall screen the view of the collection area from adjacent properties and visibility from the street. The wall or fence shall be constructed of wood, brick, decorative concrete, split face block, stone, or a synthetic material manufactured to look like the approved material.

(2) Screening material placed around trash or garbage collection area, shall be protected to prevent damage to the screening when the trash containers are moved, emptied, or removed. Curbing, if required for protection shall be at least one (1) foot from the screening material.

(b) Ground mounted Mechanical Equipment. Ground mounted mechanical equipment shall be screened with evergreen plant material so the equipment is completely obscured from view within four (4) years.

(c) Outdoor Storage and Loading Areas. Permitted loading areas, outdoor storage of goods, supplies, equipment or vehicles used in the operation of use, shall be enclosed with a solid fence or wall and solid gates. The wall or fence shall be high enough to conceal all operations and materials from the view of an observer standing at the grade level of an abutting lot or a public street, but in no case shall the wall or fence be less than six (6) feet in height. The wall or fence shall be constructed of wood, brick, decorative concrete, split face block, stone, or a synthetic material manufactured to look like the approved material.

(d) Landscaping. No interior landscaping shall be required within an area screened for accessory uses.

(Ord. 3273. Passed 5-9-24.)

1153.15 ADDITIONAL SITE LANDSCAPING REQUIREMENTS.

All new developments and the alteration or expansion of an existing development, shall also provide site landscaping as provided for below. Site landscaping shall consist primarily of new tree plantings or the preservation of existing landscaping material on the site.

(a) In a commercial district, except the C-2 Chardon Square Mixed Use District, a landscaped area equal to two percent (2%) of the gross floor area of all buildings or fraction thereof is required. The landscaped area shall contain trees, planting beds, hedges, mounds, benches, or other materials designed and located in a manner complimentary to the overall architecture of the surrounding buildings.

(b) Streets, lots, structures, and parking areas should be planned and located to avoid the unnecessary destruction of significant natural vegetation, wooded areas, or outstanding tree specimens.

(c) Trees having diameter at breast height (DBH) of eight (8) inches or greater, shall be preserved and protected from destruction or damage during construction according to subsection (d) below unless:

(1) Trees are within the public right of way, utility easement or a temporary construction easement approved by the Municipal Engineer.

(2) Trees are within the ground coverage are of a proposed structure or within twenty (20) feet of the perimeter thereof.

(3) Trees are within the driveway access to parking or service areas or proposed areas to service a single family detached dwelling.

(d) Protective Fencing. Whenever existing trees are to be protected from damage or destruction during construction, the owner shall be responsible for the construction, erection, and maintenance of temporary fencing or other physical barrier around the tree protection area. The fencing or other protective barrier shall be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or fifteen (15) feet whichever is greater, unless otherwise approved by the Planning Commission. The fencing or other physical barrier shall remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into the tree protection area.

(Ord. 3273. Passed 5-9-24.)

1153.17 TREE PLANTING REQUIREMENTS.

All new residential development shall provide the minimum number of large deciduous trees per lot and/or per acre as specified in Schedule 1153.17.

Schedule 1153.17 Minimum Number of Trees
	Number of Large Trees
Use & Zoning Type	Per Acre	Per Individual Lot
(1) Single-family and Two-family Residential	10	3, of which at least one tree shall be planted in the front yard
(2) Multi-family per acre	10	NA

(Ord. 3273. Passed 5-9-24.)

1153.19 LANDSCAPE MATERIALS.

Landscaping materials used to meet the requirements of this Chapter shall comply with the following.

(a) The proposed landscape materials should complement the form of the existing trees and plantings, as well as the development's general design and architecture. The type of shade or sun should be considered in selecting plant materials.

(b) Quality. Plant materials used in conformance with the provisions of this chapter shall be nursery grown in accordance with good horticultural practices, grown under climatic conditions similar to those in Northeast Ohio, shall conform to the standards of the American Association of Nurserymen and shall have passed any inspections required under state regulations. In addition, trees shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. All trees must be transported to/in Chardon from the nursery or holding area in a covered fashion to protect the tree from wind damage.

(c) Plants. Artificial plants are prohibited. All plant materials shall be living plants and when provided in order to comply with this Chapter shall meet the minimum size requirements in Schedule 1153.19, or according to industry standards.

Schedule 1153.19 Minimum Size Requirements for Plant Materials
Plant Type	Minimum Size at Time of Planting
(1) Large Deciduous Trees	1 3/4-inch DBH with a clear trunk height of 6 feet
(2) Small Deciduous Trees	1.5-inch DBH with a clear trunk height of 5 feet
(3) Evergreen Trees	6 feet in height
(4) Shrubs	2 feet in height
DBH = Diameter at Breast Height

(Ord. 3273. Passed 5-9-24.)

1153.21 GENERAL LANDSCAPING REQUIREMENTS.

Areas within the setbacks of the lot and not covered by structures shall be landscaped with grass, trees, shrubbery or other appropriate ground cover or landscaping material. Landscaping material shall be maintained in good and healthy condition.

(a) Weather Related Delays and Contingencies. No zoning occupancy certificate shall be issued until the landscaping has been installed in compliance with the approved landscape plan, and the landscaping has been inspected and approved by the Municipal Engineer or Arborist. Due to the prevailing weather conditions in Northeast Ohio from late autumn until early spring, the Community Development Administrator may extend the deadline for compliance with the requirements of this Chapter until the next growing season to assure the viability of the plants and materials to be installed. For a project that is completed between November 1st and April 30th the applicant may sign an agreement with the City of Chardon extending the deadline for installing all required landscaping and ground cover until June 1st. The Community Development Administrator may also grant an extension beyond June 1st for further extraordinary or unusual weather related circumstances.

(b) Planting Arrangement. Trees and shrubs shall be arranged to create varied and attractive views. The plant material selected should provide a variety of color and seasonal interest displayed throughout the year. Landscape materials shall be located to avoid interference with visibility per Section 1147.15 (Visibility at Intersections).

(c) Screening. All screening and buffer yards shall be free of advertising and signs, except for directional signs and signs for the efficient flow of vehicles.

(d) Parking. Vehicle parking shall not be permitted in landscaped areas.

(e) Pedestrian Movement. Landscaping materials shall not be placed where they will prevent pedestrian movement unless planted to create a pedestrian barrier.

(f) Damage to Public Works. Plant material shall not interfere with or cause damage to underground utility lines, public roadways or other public works.

(g) Maintenance. The lot owner shall maintain landscaping in good condition and keep plants healthy and thriving by following best practices for watering, fertilizing, mulching and weeding, in order to present a neat and orderly appearance. Landscape areas shall be free from refuse and debris. No plant material required herein shall be removed unless replaced with like kind and size. Prior to removal, a revised landscape plan shall be submitted to the Community Development Administrator for review and approval per Section 1111.01(c)(3) (Minor Construction Approval).

(h) Vehicular Encroachment on Landscaping Islands. Concrete curbs or other wheel stops shall be provided to assure that vehicles overhang into landscape areas no more than two and one-half (2.5) feet.

(i) Unacceptable Species. Trees which have undesirable characteristics such as excessively thick foliage, low branches, unpleasant odors, susceptibility to disease or attack by insects, or large root systems, such as Poplar, Willow, Cottonwood, American Elm, nut and fruit trees, Ailanthus, Mountain Ash and Oregon Maple, are prohibited in a public right of way or easement and within twenty-five (25) feet of a public sewer.

(j) Continuing Maintenance. The property owner is responsible for maintaining and replacing when necessary plants and materials shown on the approved site plan for a non residential project.

(k) Ground Cover. The property owner is required to maintain vegetative or other effective ground cover to prevent soil erosion.

(Ord. 3273. Passed 5-9-24.)

1153.23 APPROVAL PROCESS FOR REQUIRED LANDSCAPING, FENCES AND WALLS.

(a) The location of landscaping, fences, or walls required to fulfill the standards and criteria of this Chapter shall be reviewed and approved as part of a development plan pursuant to Chapter 1111 (Development Approval Process).

(b) A fence or wall proposed without new construction, additions or site renovation may be approved administratively by the Community Development Administrator when the fence or wall:

(1) Complies with the requirements of this Chapter;

(2) Is compatible with a previous approved plan or the current site development if there is no approved plan; and

(3) Will have a minimal adverse impact to the surrounding areas.

(Ord. 3273. Passed 5-9-24.)

1153.25 LIGHTING REGULATIONS.

The purpose of this Section is to control the installation of exterior lighting fixtures to prevent light pollution in the forms of light trespass and glare and to preserve, protect and enhance the character of the City

(a) Lighting shall be controlled to prevent direct lighting into the sky or on neighboring properties. Examples of methods to accomplish the use of fully shielded cut off fixtures, directing light fixtures downward rather than upward, or shielding the light to reduce light emission from the fixture so it cannot be seen at a reasonable distance.

(b) Only fully shielded cut off style light fixtures shall be permitted for security or to illuminate walkways, roadways, equipment yards or parking lots.

(d) An outdoor light fixture shall not exceed a maximum height of thirty (30) feet measured from the finish grade established not closer than fifteen (15) feet from the pole.

(e) The illumination level at the property line of a parcel adjacent to a residence shall not exceed one (1) foot candle power.

(f) In addition to the requirements set forth in this Section, outdoor light fixtures shall be installed in conformity with all other applicable provisions of the codified ordinances of the City of Chardon, Ohio.

(g) An outdoor light fixtures used to illuminate a sign or recreational facility or for decorative effects, such as building, landscape, or recreational field illumination, shall be equipped with an automatic timing device and shielded and focused to reduce light shining into the sky or upon neighboring properties.

(h) An outdoor light fixture installed and maintained upon private property within all zoning districts shall be turned off between 11:00 pm and sunrise, except when used for security purposes or to illuminate walkways and roadways.

(i) An illuminated sign for commercial purposes shall be turned off between 11:00 pm and sunrise, except that signs may be illuminated while the business facility is open to the public.

(j) Illuminated signs shall also comply with Chapter 1149 (Sign Regulations).

(Ord. 3273. Passed 5-9-24.)

1155.01 PURPOSE.

The purpose of this chapter is to encourage development that contributes to the City of Chardon's unique sense of place, reflecting the community's physical and historic character, and adding to it in appropriate ways. The standards of this chapter are intended to ensure that development and redevelopment contribute to the character and attractiveness of core districts, major uses, gateways, and corridors in the City.

(Ord. 3273. Passed 5-9-24.)

1155.03 COMPLIANCE WITH HISTORIC DISTRICT GUIDELINES.

The regulations in this chapter are in addition to any design standards and guidelines that are applicable to an Historic District Overlay. In the event of a conflict, the requirements of the Historic District shall prevail.

(Ord. 3273. Passed 5-9-24.)

1155.05 APPLICABILITY AND TERMS.

(a) All buildings and structures shall be subject to the standards of this chapter unless otherwise stated.

(b) Explanation of Terms. For purposes of this sub section, certain terms and words shall be interpreted with regard to the following explanations:

(1) Appropriate. The character of a building is appropriate when it is similar to or complements the architectural style of buildings in, and fits comfortably within, its setting, neighborhood and overall community. This condition also applies to landscaping and accessory structures.

(2) Compatible. A design or a material selection is compatible when it does not significantly deviate from its parent building, or the overall character of the neighborhood. To be compatible does not require identical or even similar designs, but a design that reflects some aspects of its parent building or buildings in the general vicinity, such as scale of windows, overhangs, building materials, patterns of siding, and roof slope.

(3) Proportion. The relationship of parts of a building, landscape, structure, or buildings to each other, and to the whole, balance.

(4) Proximity. Proximity is the potential for one property, by virtue of its location and distance, to materially affect other properties. In determining whether one property is in proximity to another, the following factors shall be considered:

A. The visibility of both properties from a common point.

B. The location of both properties within a relatively compact network of streets, walkways or spaces.

(Ord. 3273. Passed 5-9-24.)

1155.07 DESIGN CRITERIA FOR RESIDENTIAL DWELLINGS.

Dwellings in a Planned Unit Development Overlay District, R-4 Multi-family District, Commercial District, or a cluster infill development, shall incorporate and follow the design standards herein. The Community Development Administrator may waive these standards when exterior building modifications are minor in nature (see Section 1111.01(c)(3) Minor Construction Approval) and have no discernable impact on neighboring properties, the public, the public right of way, or those intended to occupy or use the dwelling.

(a) Main Entrance to a Residence. At least one main entrance to the residence shall face the street. On a corner lot, the main entrance may face either of the streets or be oriented to the corner. The architectural elements of entrances, such as a front porch, transom and sidelight windows, arches, and decorative trim and moldings, shall reflect the character and style of similar features in surrounding buildings.

(b) Enclosed Porches. An enclosed porch or an addition to an existing deck shall incorporate skirting material compatible with the principal structure.

(c) Front Porches. New construction of a principal building shall include a front porch, if the majority of the four (4) homes, two on either side of the building under review, have a porch. The minimum depth of the porch shall be six (6) feet.

(d) Windows on the Front Wall. At least fifteen percent (15%) of the area of a wall facing or oriented toward a street shall be windows.

(1) Each window shall be square or vertical in orientation; or,

(2) A horizontal window opening may be created when:

A. Two (2) or more vertical windows are grouped together to provide a horizontal opening; or,

B. A band of individual lites are grouped across the top of the horizontal window. The light shall be vertical and occupy at least twenty percent (20%) of the window height.

(e) Attached Garages. In new construction, an overhead door on an attached garage shall not face the street. The garage shall be setback at least four (4) feet from the front wall of the main building.

(f) Character of Dwellings. Principal dwellings shall be designed, located on the site and be of a scale to complement buildings in proximity; and enhance the character of the surrounding area by having features that are appropriate and compatible with existing buildings and structures. Planning Commission shall consider the following factors:

(1) Building height, width and dimensions;

(2) Architectural features, including patterns of windows and doors, roof pitch, balconies, porches, shutters, dormers, eaves and other decorative detail;

(3) Building materials.

(g) Sidewalks. A sidewalk shall connect each multi-family building entrance to the parking area that serves the building. Sidewalks shall connect the buildings, recreational facilities and other uses in the development and other uses. Sidewalks shall be installed in accordance with the requirements of Chapter 905 (Sidewalk Regulations) of the Codified Ordinances.

(Ord. 3273. Passed 5-9-24.)

1155.09 DESIGN STANDARDS FOR NONRESIDENTIAL BUILDINGS IN COMMERCIAL AND RESIDENTIAL DISTRICTS.

(a) Purpose. The buildings in the Commercial Zoning Districts define Chardon's commercial environment. Enhancing the quality and compatibility of commercial buildings and thereby protecting the character of the commercial zoning districts is a municipal priority.

The design standards herein are intended to achieve the following purposes:

(1) To preserve, enhance and improve the existing visual and aesthetic character of the, C 2, C 3, and C 4 Districts;

(2) To guide the development and redevelopment of the C 2 District, thereby preserving the City's historic and architectural resources;

(3) To retain and recreate existing design features which contribute to the unique character of the C 2, C 3, and C 4 Districts in a manner that promotes and enhances the sense of community and achieves the objectives of the Comprehensive Plan;

(4) To improve new development and redevelopment that reflects the City's historic qualities and resources through compatible design;

(5) To maintain the value of surrounding property; and,

(6) To provide design standards for property owners, architects and contractors to follow and incorporate into a development.

(b) Applicability of Regulations. The design standards herein apply to the exterior appearance and design of all new construction and exterior building modifications to and renovations of nonresidential buildings in all Commercial Districts. The requirements herein do not apply to a single family detached dwelling.

Design Standard	C-2	C-3	C-4	R Districts
(1) In an area with a predominate architectural style, particularly historic styles, the character of existing architecture should be considered in determining compatibility.	X	X
(2) One exterior wall of a building that faces a public street right of way or parking area, or is within 45 degrees of facing such, shall include offsets in the façade, with a minimum 5-foot change in plane at intervals not to exceed 50 linear feet. See Figure 1155.09(a). The roof framing shall also be offset.	X
(3) Utilize natural and traditional materials on a building exterior including but not limited to, brick and stone masonry, clapboard siding, wrought iron, or such other materials or synthetic products with the appearance of the foregoing. OR As an alternative to above: At least 90% of the exterior finish material on a facade that faces, or is within 45 degrees of facing, a street, parking area or private circulation area shall be constructed with brick, cut stone, cast stone, wood or glass.	X	X	X
(4) Synthetic stucco, EIFS and other synthetic materials which simulate natural or traditional materials are permitted to be used for incidental architectural detailing.	X	X	X
(5) A coordinated sign design plan indicating the nature and location of all proposed signs, in compliance with Section 1149.25, shall be required for all development that includes multi tenant buildings or multiple buildings.	X	X	X
(6) Roof top mechanical equipment shall be obscured from ground level view using building materials that match the structure materials or which are visually compatible and blend therewith.	X	X
(7) Similar exterior materials to those used in an existing or replaced structure are required in projects involving the renovation, expansion, repair, or reconstruction of an existing or demolished building. Products that simulate similar materials may also be considered.	X	X

Design Standard	C-2	C-3	C-4	R Districts
(8) The following materials and colors are not consistent with the City's architectural character, are not permitted as the primary building material and are to be used only as insignificant components of the building or on areas of the building not visible from the street, public parking areas or adjacent properties. A. Concrete block; B. Mirrored or reflective glass; C. Unfinished materials and industrial materials such as: split faced block, exterior insulated finishes, metal siding, and fiberglass panels. D Bright or primary colors, and/or awnings that are in stark contrast to other structures in the surrounding area or the design of the structure.	X	X	X	X
(9) An addition or renovation to an existing structure should match and complement the existing style of structure.	X	X
(10) Architectural style and elements embodied in or compatible with adjacent buildings (e.g. Italianate architecture on the west side of the Square). See Figure 1155.09(b) below.	X
(11) Textures and colors shall be complementary (use of historic color groupings provided by paint companies).	X
(12) At least 80% of the frontage of a lot abutting a public street shall be devoted to the principal building. See Figure 1155.09(c) below.	X
(13) A transition line shall be provided between the first and second stories. The height of this transition line shall match the height of the transition line on the neighboring or adjacent buildings. If abutting properties are vacant, then the ground floor shall be at least ten (10) feet in height measured from finished floor to finished ceiling.	X
(14) A wall on the ground floor of a building that faces a public right of way or parking area, or is within 45 degrees of facing a public right of way, shall be constructed with display type windows covering at least 65% of the wall area, measured from two and one half (2.5) feet and eight (8) feet above the average grade of the building façade. No more than ten percent (10%) of windows may be opaque.	X

Design Standard	C-2	C-3	C-4	R Districts
(15) The Planning Commission shall apply the standards in this subsection to architectural features of new, renovated, or expanded buildings in the C-2 District. Compliance with these standards may be achieved by incorporation of various design details including; A. Arched, decorative lintels over windows and doors; B. Wide window and door surrounds, columns, or pilasters at door and window openings: C. Full pane windows or windows with single, vertical muntins. D. Molded cornices with heavy brackets. E. In areas with predominate architectural style of which the above are not characteristic, the character and components of the surrounding architecture should also be considered in determining compatibility.	X
(16) The wall on the ground floor of a building that faces a street or parking area, or is within 45 degrees of facing a public right of way, shall be constructed with display type windows covering at least 50% of the wall area as measured from two and one half (2.5) feet and eight (8) feet above the average grade of the building façade, constructed with display type windows. No more than 10% of the windows may be opaque.		X
(17) A minimum of 65% of the frontage of a lot abutting a public street shall be devoted to the principal building. See Figure 1155.09(c) below.		X
(18) Any part of the ground floor of a building visible from a street area of public circulation or parking area shall have no more than twenty linear feet wall length without windows, or other architectural features such as piers, columns, defined bays, or an undulation of the building	X	X	X
(19) Walls without openings such as transparent windows and transparent doors are not permitted on the front facade of any building.			X
(20) Pedestrian connections. Pedestrian activity shall be encouraged and safe pedestrian connections shall be provided between buildings in a multi building development and between principal buildings, parking lots, and public sidewalks.			X

Figure 1155.09(a)

Acceptable Building Massing

Figure 1155.09(b)

Design Characteristics in the C-2, Chardon Square Mixed Use District

Figure 1155.09(c)

Minimum Width of the Principal Building

(Ord. 3273. Passed 5-9-24.)

1155.11 REQUIRED DESIGN ELEMENTS FOR INDUSTRIAL DISTRICTS.

(a) Purpose. This section adopts standards for the City Architect and the Planning Commission to apply when reviewing a development plan for consistency with the City of Chardon Comprehensive Plan.

(b) Design Standards. The design standards adopted herein apply to the exterior appearance and design of all construction and building renovations in the Industrial District after the effective date of the Code and amendments thereto.

(1) Blank walls, without openings such as windows or doors with windows, are not permitted on a building facade facing directly, or oriented a minimum of forty-five (45) degrees or less, toward a public street.

(2) At least ninety percent (90%) of the exterior finish material on a facade that faces or is oriented a minimum of forty-five (45) degrees unless toward a public street or public parking area shall be glass, brick, cut stone, cast stone, or wood.

(Ord. 3273. Passed 5-9-24.)

1155.13 VARIANCE FOR DESIGN ELEMENTS.

The Planning Commission may grant a variance to the design standards contained in this Chapter if the applicant demonstrates that, due to the unusual shape or topography of the lot or an adjoining lot, or the location or design of existing structures, mature trees, or other features, the application of the design standards is unreasonable.

(a) When considering a variance, the Planning Commission shall consider the following factors:

(1) The Comprehensive Plan;

(2) The purposes of the Zoning District in which the parcel is located, as noted in the appropriate chapter;

(3) The intent of the design standard from which the variance is requested; and,

(4) Whether the purpose of the design standard may be met by an alternate method.

(b) The Planning Commission may grant an exception to the standard or modify the standard after considering the unique factors of the site. Modification of a design standard is a variance thereto, and the decision to grant or deny shall be in writing.

(c) The development plan incorporating the exception must be approved within one (1) year or the exception to the design standard shall expire.

(Ord. 3273. Passed 5-9-24.)

Chardon City Zoning Code

TITLE THREE

Zoning Districts and Use Regulations

1131.01 PURPOSE.

(a) To reduce the permitted lot coverage to prevent development of steeply sloping land and thereby avoid hillside areas that are costly to develop with all necessary community services;

(b) To conserve stream and drainage channels and prevent encroachment of urban uses which interfere with the natural flow of storm water;

(d) To accommodate limited development on public and semi public areas to retain and preserve the open space and natural characteristics of these lands.

(Ord. 3273. Passed 5-9-24.)

1131.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1131.03 denoted by the letter "P" is permitted by right as a principal use in the district.

(e) Permitted Uses in S Special Districts.

Schedule 1131.03 Permitted Uses
	S Special District	Use Specific Regulations
(1) Community Facilities/Institutions
A. Cemetery	C	1145.11(i)
B. Place of worship	P	-
C. Community center	P	-
D. Community outdoor active recreation use	P	-
E. Cultural Institution	P	-
F. Library	P	-
G. Public facility	P	-
H. Public park/playground	P	-
I. School (public/private), elementary/secondary	P	-
J. Utility substation/distribution facility	C	1145.11(pp)
(2) Other
A. Agriculture/Forestry	P	-
B. Commercial recreation facility, indoor	C	1145.11(k)
C. Commercial recreation facility, outdoor	C	1145.11(gg)
D. Outdoor display of merchandise in association with a permitted use	AC	1145.11(bb)
E. Outdoor storage of goods and materials	AC	1145.11(cc)
F. Outdoor storage of fleet vehicles & equipment	AC	1145.11(dd)
G. Telecommunication facility	(a)	Ch. 1143
(3) Accessory Uses		1131.07
A. Day care center (adult or child) accessory to a place of worship or school	A
B. Fences, walls	A
C. Off-street parking	A
D. Other accessory structures	A
E. Signs	A
Notes to Schedule 1131.03: (a) See Chapter 1143 for use location allowances. P is a use permitted by right; P* is a use permitted by right with supplementary regulations; C is conditional use; A is an accessory Use; Blank cell is a use not permitted in district. (Ord. 3273. Passed 5-9-24.)

1131.05 DEVELOPMENT STANDARDS.

(a) Buildings and land in the S Special District shall comply with the requirements of Schedule 1131.05:

Schedule 1131.05 Special District Lot Standards (c)
	S Special District
(1) Minimum Lot Area	2 acres
(2) Minimum Lot Width at building setback line (a)	200 feet
(3) Minimum Building Setback:
A. Front Setback (b)	60 feet
B. Side Setback	60 feet
C. Rear Setback	60 feet
(4) Minimum Parking Lot Setback from:
A. Right-of-way	60 feet
B. Side and rear project boundary lines abutting an R-1, R-2, R-3, R3CPE, or R-4 District	20 feet
C. Side and rear project boundary line abutting another district or property.	10 feet
(5) Maximum lot coverage by buildings	10%
(6) Maximum Height: principal structures (d)	35 feet
(7) Maximum Height: accessory structures (d)	20 feet
Note: (a) On curved streets, the lot width shall be the arc length of the building setback line. (b) The minimum building setback on non dedicated streets shall be 90 feet from the street centerline. (c) See Chapter 1145 for minimum lot standards for conditional and P* uses. (d) See Chapter 1147 for exceptions to height standards.