This chapter shall be known as the building zone code or zoning code.

('73 Code, § 150.01)

   The provisions of this chapter shall be the minimum requirements adopted for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare. Where this chapter imposes a greater restriction upon the use of buildings or premises or upon heights of buildings, or requires larger yards, courts, or other open spaces than are imposed or required by other provisions of law or ordinance, the provisions of this chapter shall control.

('73 Code, § 150.02)

   For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively. Any words not herein defined shall be construed as defined in the building code.

      (1)    APARTMENT, EFFICIENCY. An apartment which has a floor area of 800 square feet or less within its peripheral walls.

      (2)    APARTMENT, REGULAR. An apartment which has a floor area of more than 800 square feet within its peripheral walls.

      (1)    COURT, INNER. Any court other than an outer court.

      (2)    COURT, OUTER. A court extending to and opening upon a street, alley, or required yard.

      (1)    DWELLING, SINGLE-FAMILY. A dwelling designed for or occupied exclusively by one family.

      (2)    DWELLING, TWO-FAMILY. A dwelling designed for or occupied exclusively by 2 families.

      (3)    DWELLING, THREE-FAMILY. A dwelling designed for or occupied exclusively by 3 families.

      (4)    DWELLING, FOUR-FAMILY. A dwelling designed for or occupied exclusively by 4 families.

      (5)    DWELLING, MULTIPLE. A dwelling designed for or occupied by more than 2 families.

      (1)    LOT LINE, FRONT. The line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line; provided that where the length of a shorter street line is less than 90% of the length of the longer street line, the shorter street line shall be considered the front lot line.

      (2)    LOT LINE, REAR. The lot line opposite the front lot line. In the case of an irregular, triangular, or gore-shaped lot, it shall mean a line within the lot, 10 feet long, parallel to and at the maximum distance from the front lot line.

      (3)    LOT LINE, SIDE. Any lot line not a front lot line or a rear lot line.

      (1)    YARD, FRONT. A yard extending across the full width of the lot, and measured between the front lot line and the building.

      (2)    YARD, REAR. A yard extending across the full width of the lot, and measured between the rear lot line and the building.

      (3)    YARD, SIDE.  A yard extending from the front yard to the rear yard and measured between the side lot line and the building.

('73 Code, § 150.03) (Am. Ord. 19-24, passed 9-17-19; Am. Ord. 19-25, passed 12-3-19)

   (A)   For the purpose of this chapter, the city is divided into the following districts or zones:

      (1)   Residence.

      (2)   R-1.

       (3)   Multiple.

      (4)   Business A.

      (5)   Business B.

      (6)   Business B-1.

      (7)   Office and Professional.

      (8)   Business B Overlay Zone (as described in § 150.131).

   (B)   The boundaries of these districts are established as shown on the building zone map, which is located in the office of the clerk. Where a district boundary line divides a lot which was in single ownership, and of record on the effective date of this chapter, the use authorized on and the district requirements of the least restricted portion of the lot shall be construed as extending to the entire lot; provided, that such extension shall not include any part of the lot which is more than 25 feet from the district boundary line. Questions concerning the exact location of district boundary lines shall be determined by the board as provided in § 150.14 (D).

('73 Code, § 150.04) (Am. Ord. 19-24, passed 9-17-19)

   (A)   No building shall be erected, reconstructed, or structurally altered for any use, nor shall any building or premises be used other than as permitted in the district in which the building or premises is located.

   (B)   No building shall be erected, reconstructed, or structurally altered to exceed the height limits herein established for the district in which the building is located.

   (C)   No building permit for any residential construction or any improvement for new construction shall be issued, unless the real estate upon which the construction is proposed shall consist of a lot having a minimum frontage of 21 feet on a public dedicated street or way. There shall be 21 feet of such frontage for each permit issued.

   (D)    (1)   Any territory that shall be annexed to the city shall be governed by and subject to whatever zoning laws and regulations are applicable to the abutting and contiguous lot or parcel of land in the city.

      (2)   In the event that the territory annexed to the city shall abut and be contiguous to lots or parcels of land in the city which are in more than one zone as provided by the zoning laws of the city, the territory shall be governed by and subject to the zoning laws and regulations applicable to the various lots or parcels of land abutting and contiguous to said territory.

   (E)   Every lot or tract of land on which there is erected a single-family or 2-family residence shall have an area of not less than 7,500 square feet for a single-family residence and not less than 10,000 square feet for a 2-family residence, excluding lots of record on date of passage of this section. Irregular shapes, panhandles, and other narrow appendages with less than 50 feet of width shall not be calculated in the determination of the required minimum lot area.

(Ord. 1457, passed 8-15-89; Am. Ord. 02-28, passed 1-15-02)

   (F)   Every lot or tract of land on which there is erected a multiple dwelling unit shall have a minimum area as follows:

      (1)   In Multiple District:

         (a)   1,500 square feet for each regular apartment;

         (b)   800 square feet for each efficiency apartment.

      (2)   In Business District no density requirements apply except as controlled by setbacks, yards, and parking requirements.

('73 Code, § 150.04) Penalty, see § 150.99

   In the Residence and R-1 Districts, the following uses only are permitted:

   (A)   In the Residence Districts, single-family and two-family dwellings, as well as the other uses permitted by this section.

   (B)   In the R-1 Districts, single-family dwellings, as well as the other uses permitted hereinafter in this section. However, lots in the R-1 Districts shall have a minimum width of 50 feet at the building line.

   (C)   Churches and other places of worship, Sunday school buildings, and parish houses.

   (D)   Schools, educational institutions, colleges, including dormitories, public libraries, public museums, and public art galleries.

   (E)   Municipal buildings or properties, except for any use that is customarily conducted as a gainful business.

   (F)   Parks, recreational and community center buildings, and grounds for games or sports, except those where the chief activity is carried on or is one customarily carried on primarily for gain.

   (G)   Hospitals, nursing homes, dispensaries, sanitariums, physicians' offices, clinics, and treatment rooms, and other welfare or charitable institutions (other than penal or correctional institutions, and those primarily for the care and treatment of epileptics or drug addicts, or alcoholics or the insane); provided no part of any such building is located within 50 feet of any adjoining lot in the residence district not used for a similar purpose. However, "dispensaries" as used in this subsection shall not include dispensaries for medical marijuana, as defined in this chapter and R.C. Chapter 3796.

   (H)   Cemeteries adjacent to or in extension of cemeteries existing on the effective date of this chapter.

   (I)   Telephone exchanges and static transformer stations, provided there is no yard or garage for service or storage.

   (J)   Greenhouses, nurseries, truck gardens, and farms, including the usual farm uses and buildings; provided no part of any greenhouse heating plant or any building in which farm animals are kept is located within 100 feet of the adjoining lot in the residence district not used for a similar purpose, and provided that greenhouses, nurseries, truck gardens, and farms may not cultivate or process medical marijuana, as defined in this chapter and R.C. Chapter 3796.

   (K)   Accessory uses and structures customarily incident to any permitted use and located on the same lot therewith, including private garages, carports, stables, and sheds, provided that such accessory uses shall not include the conduct of any business or industry or any private way, driveway, or walk giving access thereto. Accessory uses shall include:

      (1)   The leasing of rooms by a resident proprietor, provided the total number of roomers and boarders does not exceed six.

      (2)   The office of a resident person, provided that not more than 1/3 of the floor area of one story is devoted to such use, and in which not more than one person not a resident of the premises is employed.

      (3)   Home occupations, when conducted and entered from within the dwelling, and in which no persons not residents of the premises are employed; provided that not more than one-third of the floor area of one story is devoted to such use, and that no display of goods or commodities pertaining to such use is visible from the street. In connection with such occupation, no goods or commodities shall be sold on the premises, and no mechanical equipment used except such as is customarily employed for domestic or household purposes. Home occupations within the city limits may not engage in the commerce of medical marijuana, as defined in this chapter and R.C. Chapter 3796.

      (4)   Garage or parking space for four motor vehicles or trailers on any lot. Such space may be increased provided that the area of the lot shall contain not less than 1200 square feet for each motor vehicle, or trailer stored. Only one commercial motor vehicle, not exceeding 1-1/2 tons capacity, may be stored on any lot; this does not apply to the storage of such vehicles used exclusively for a conforming use. Garage space for not more than two motor vehicles may be rented to persons not occupants of the premises.

      (5)   The keeping of fowl or small animals not primarily for gain. Any building or enclosure for such fowl and animals shall be located in the rear yard, and shall be at least 20 feet from every adjoining lot in the residence district.

      (6)   The keeping of horses, cows, and other livestock not primarily for gain, and only within an enclosure which shall be at least 100 feet from every adjoining lot in the residence district.

      (7)   The sale only of vegetables, fruits, flowers, shrubs, trees, and farm products raised on the premises.

      (8)   Signs and canopies extending from any building or structure may project within three feet of the curb line, and must have a minimum height of ten feet from the sidewalk grade.

   (L)   Restricted parking lots, where the area is adjacent to a business district, or is separated therefrom by a street or alley not over 30 feet in width. Such restricted parking lots shall be subject, however, to the following conditions and limitations:

      (1)   The parking lot shall be for use in connection with uses located in the adjacent business district.

      (2)   The parking area shall be not less than 7,500 square feet, and shall abut at least 75 feet on the adjoining business district or on the alley or street constituting the boundary.

      (3)   The lot shall be used solely for the parking of passenger automobiles.

      (4)   The lot shall not be used for repair work or servicing of any kind.

      (5)   No charge shall be made for parking.

      (6)   No signs of any kind shall be erected on the lot.

      (7)   Such other or further conditions, as the zoning board of appeals may deem desirable, to reduce the adverse effect of a parking lot upon the preservation of the residential character and development of the residence district in which the parking lot is located.

   (M)   Septic tanks and sewage disposal plants publicly owned and operated.

   (N)   No outside storage except operable motor vehicles shall be permitted.

   (O)   No property or building shall be used in the Residence and R-1 Districts for the cultivation, processing, or sale of medical marijuana, as defined in this chapter and R.C. Chapter 3796.

('73 Code, § 150.06) (Am. Ord. 06-14, passed 10-3-06; Am. Ord. 19-25, passed 12-3-19) Penalty, see § 150.99

   (A)   In the Business "A" District, any use is permitted except the following:

      (1)   Uses hereinafter prohibited in the Business "B" District.

      (2)   Bakeries.

      (3)   Billboard signs.

      (4)   Bottling works, brewing or distilling of liquors.

      (5)   Carting, express, hauling, or storage yards.

      (6)   Crematory, except in a cemetery.

      (7)   Livery stables and riding academies.

      (8)   Road houses, dance halls, and commercial summer gardens.

      (9)   Stone or monument works.

      (10)   Storage, baling, or treatment of junk, iron, rags, bottles, or scrap paper.

      (11)   Storage warehouses.

      (12)   Wholesale warehouses.

      (13)   Any fabrication, manufacturing, treatment, converting, altering, finishing, or assembling uses, except for products retailed primarily from the premises.

      (14)   Outside storage, except operable motor vehicles in use.

      (15)   No gasoline filling, oil, or greasing service station shall be erected or located within 175 yards of any property used as a church, hospital, or school.

         (a)   No such station shall be erected upon any lot, the dimension of which is less than 150 feet front by 150 feet depth at right angles.

         (b)   No buildings other than the gasoline station buildings shall be erected or permitted to remain on the premises.

   (B)   In the Business "B" District, any use is permitted except the following:

      (1)   Abattoirs, slaughter houses, and stock yards (except for poultry incidental to a retail store).

      (2)   Acetylene gas manufacture in excess of 15 pounds pressure per square inch.

      (3)   Ammonia manufacture.

      (4)   Animal hospitals and structures where small animals are boarded, if within 200 feet of the residence district.

      (5)   Asbestos manufacture.

      (6)   Asphalt manufacture or refining.

      (7)   Babbitt metal manufacture.

      (8)   Bag cleaning.

      (9)   Bleaching powder or chlorine manufacture.

      (10)   Boiler shops, structural steel fabricating shops, steel car or locomotive shops, railway repair shops, machine shops, or metal working shops operating reciprocating hammers or chisels or other noise-producing machine-operated tools.

      (11)   Brewing and distilling of liquors except for micro-breweries. For purposes of this section, a MICRO-BREWERY shall be defined to mean a small scale facility for the brewing of beer for sale and consumption on the premises and for sale for consumption off of the premises. Production shall not exceed 10,000 barrels of beer annually. A micro-brewery may include a restaurant or bar to facilitate tasting and retail sales. Nothing in this section shall exempt a micro-brewery from compliance with any provision of R.C. Title 43 or with the corresponding state regulations.

      (12)   Brick, tile, or terra cotta manufacture.

      (13)   Bronze powder manufacture.

      (14)   Carbon, lampblack, or graphite manufacture.

      (15)   Celluloid or pyroxylin manufacture; explosive or flammable cellulose, or pyroxylin products manufacture.

      (16)   Cement, lime, gypsum, or plaster of paris manufacture, or the manufacture of products therefrom.

      (17)   Coal tar manufacture, tar distillation, or mineral dye manufacture.

      (18)   Coal yards, except where the coal is stored in dustproof containers and the dust controlled by means of effective devices.

      (19)   Coke ovens and distillation of coal.

      (20)   Cooperage works.

      (21)   Corrosion of aluminum, copper, iron, tin, lead, or zinc.

      (22)   Creosote manufacture or treatment.

      (23)   Disinfectant or insecticide manufacture, preparation or compounding on a commercial scale.

      (24)   Electroplating.

      (25)   Emery cloth or sandpaper manufacture.

      (26)   Enameling, japanning, or lacquering, except incidental to a permitted use.

      (27)   Excelsior and fibre manufacture.

      (28)   Explosive, or fireworks manufacture, or the storage or loading of explosives in bulk.

      (29)   Fat rendering, tallow, grease, or lard refining, or manufacture of candles from fats.

      (30)   Felt manufacture, except where dust is controlled by means of effective devices.

      (31)   Fertilizer manufacture from organic material or bone distillation, or compounding on a commercial scale.

      (32)   Flour milling.

      (33)   Foundries, forge shops, or cupolas.

      (34)   Gas manufacture of more than 5,000 cubic feet per day.

      (35)   Gasoline or oil storage above the ground in quantities exceeding 50 gallons.

      (36)   Glucose manufacture.

      (37)   Glue or size manufacture or processes involving recovery from fish or animal offal, or fish smoking or curing.

      (38)   Ice plant or storage houses of more than 5 tons daily capacity.

      (39)   Incineration, reduction or dumping of offal, dead animals, garbage, or refuse on a commercial basis, including loading and transfer platforms.

      (40)   Linoleum manufacture.

      (41)   Match manufacture.

      (42)   Nitrating processes.

      (43)   Oilcloth, oiled clothing manufacture, or the impregnation of any fabric by oxidizing oils.

      (44)   Paint, oil, shellac, size, varnish, enamel manufacture, or the grinding of colors by machinery.

      (45)   Penal or correctional institutions, or institutions for the care or treatment of epileptics or drug or drink addicts or the insane, except where located at least 250 feet from the residence district.

      (46)   Petroleum refining.

      (47)   Poison manufacture, except for pharmaceutical or medical purposes.

      (48)   Potash refining.

      (49)   Printing ink manufacture.

      (50)   Pulp and paper manufacture.

      (51)   Radium or any radioactive material extraction.

      (52)   Raw or green salted hides or skins, their curing, dressing, or tanning.

      (53)   Rock crushing.

      (54)   Rolling or blooming mills.

      (55)   Rubber, caoutchouc, or gutta percha manufacture from crude or scrap material, or the manufacture of articles therefrom or from balata, except incidental to tire repairing.

      (56)   Salt works.

      (57)   Sand blasting or cutting, except where the dust is controlled by effective devices.

      (58)   Sewage disposal plants, except those operated by the city.

      (59)   Smelting or reduction of ores or metallurgical products.

      (60)   Soap, soda ash, caustic soda, or washing compound manufacture.

      (61)   Starch or dextrine manufacture.

      (62)   Stock yards.

      (63)   Stone or monument works, where the aggregate horsepower for driving mechanical equipment for such use exceeds ten horsepower.

      (64)   Storage, baling, or treatment of junk, rags, bottles, or scrap paper, except within a building, and where no power-driven devices are employed.

      (65)   Sulphurous, sulfuric, nitric, picric, hydrochloric, or other corrosive acid manufacture, their use or storage in quantities exceeding five gallons.

      (66)   Sugar refining.

      (67)   Tar or asphalt roofing or waterproofing manufacture.

      (68)   Turpentine manufacture.

      (69)   Vinegar manufacture.

      (70)   Welding, except incidental to a permitted use.

      (71)   Wire or rod drawing; nut, screw, or bolt manufacture.

      (72)   Wood distillation.

      (73)   Wool pulling, scouring, or shoddy manufacture.

      (74)   Yeast manufacture.

      (75)   Any other fabricating, manufacturing treatment, converting, altering, finishing, or assembling uses, where more than 25% of the total actual floor area of the building is occupied by mechanical equipment, and where the aggregate floor area occupied by the mechanical equipment exceeds the gross area of the entire ground story.

      (76)   Public garages having any opening in the side or rear walls or roof within 50 feet of the residence district, not equipped with fixed wire glass sashes in incombustible frames.

      (77)   Gasoline filling, oil, and greasing stations having any oil-draining pit or exposed appliance located within 12 feet of any street line, or within 50 feet of the residence district, except where such appliance or pit is within a building and at least 12 feet from every vehicular entrance or exit to the premises.

      (78)   Stables, storing or handling manure or bedding within 25 feet of any street line, or within 100 feet of any adjoining lot in the residence district.

      (79)   Any use which may be noxious or offensive by reason of the emission of odor, dust, smoke, gas, fumes, water-carried waste, noise, or vibration, except that such uses may be permitted by action of the board as provided in § 150.10 (E).

      (80)   Outside storage, except operable motor vehicles in use.

      (81)   No gasoline, filling, oil, or greasing service station shall be erected or located within 175 yards of any property used as a church, hospital, or school.

         (a)   No such station shall be erected upon any lot, the dimension of which is less than 150 feet front by 150 feet depth at right angles.

         (b)   No buildings other than gasoline station buildings shall be erected or permitted to remain on the premises.

      (82)   The use of a property or building for the cultivation, processing, or sale of medical marijuana, as defined in this chapter and R.C. Chapter 3796, is prohibited in Business A, B, and B-1 Districts.

      (83)   All above uses shall apply except those incidental to a permitted use by the Board of Zoning Appeals.

   (C)   In the Business B-1 District, the same uses shall be permitted as in the Business B District. However, a ten-foot front yard setback shall also be required.

('73 Code, § 150.07) (Ord. 97-25, passed 9-3-97; Am. Ord. 06-14, passed 10-3-06; Am. Ord. 14-3, passed 2-18-14; Am. Ord. 19-25, passed 12-3-19) Penalty, see § 150.99

   In the Multiple Zone District, the following uses shall be permitted:

   (A)   Multiple dwellings.

   (B)   Uses permitted in the Residence and R-1 Districts.

('73 Code, § 150.07) Penalty, see § 150.99

   In the Office and Professional District, the following uses shall be permitted:

   (A)   Uses permitted in the Residence and R-1 Districts.

   (B)   Office buildings.

   (C)   Banks, savings and loan, building and loan companies, and other similar financial institutions.

   (D)   Mortuaries.

   (E)   Radio and television broadcasting studios, provided that the studios used for broadcasting are soundproof. Antennas must be approved by the planning commission.

('73Code, § 150.09) (Am. Ord. 06-14, passed 10-3-06)

   (A)   Any nonconforming use existing on the effective date of this chapter may be continued. See § 150.02.

   (B)   No nonconforming use shall be permitted in any building or on any premises which shall have been vacant for a period of two years, or whose previous nonconforming use shall be changed or shall have been changed to a conforming use.

   (C)   Any nonconforming building or structure of one or more of a group of nonconforming buildings or structures related to one industry and under one ownership, damaged by fire, flood, earthquake, or other act of God, may be reconstructed and used as before the calamity. However, the reconstruction must comply with the front setback required in the immediate area.

   (D)   Nothing contained in this chapter shall prevent the strengthening or restoring to a safe condition or the making sanitary of any building or structure or part thereof declared unsafe or unsanitary by either the commissioners of buildings or health, or prevent compliance with any lawful requirement of those commissioners.

   (E)   Whenever a district shall be changed hereafter, any then existing lawful use may be continued.

('73 Code, § 150.10) Penalty, see § 150.99

   In the various districts there shall be provided on each lot a side yard along each side lot line, a rear yard, and a front yard, the minimum dimensions of which shall be in accordance with the table at the end of this section and the following regulations. The minimum dimensions of courts and the maximum height of structures shall also be in accordance with the following table and regulations.

   (A)   Every part of a required yard or court shall, from its lowest level to the sky, be unobstructed, except for the following building projections:

      (1)   Bays, balconies, dormers, vestibules, including the necessary cornices, eaves, gutters, fire escapes, and open stairways, may project into a required yard, provided none of these projections shall project into a required side yard more than 1/3 the width of the yard. Such projections shall in no case project more than three feet into a required yard, nor shall the sum of the lengths of these projections exceed 1/3 the length of the yard adjacent to the building. No enclosed projection into a required yard permitted under the provisions of this section shall exceed ten feet in length.

      (2)   Canopies and cornices, including the eaves and gutters, may project over a required yard, provided such projections shall not project over a required side yard more than 1/3 the width of the yard, nor more than three feet in any case.

      (3)   Chimneys, sills, belt courses, leaders, pilasters, and lintels may project into a required yard, provided none of these projections shall project into a required side yard more than 1-1/2 feet.

      (4)   Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three feet above the floor level of the ground (first) story may project into a required yard, provided these projections be distant at least two feet from the adjacent side lot line.

   (B)   Within the limits of a required yard or court, no structure, other than a retaining wall, shall exceed six feet in height.

   (C)   In Residence Districts, no accessory building on an interior or corner lot, fronting upon one street only, shall be erected in any open space except a rear yard. Accessory buildings shall not exceed one story in height, and may occupy in the aggregate not more than 30% of a required rear yard. Except as hereinafter provided, accessory buildings in Residence Districts shall be at least three feet from adjoining lots located in Residence Districts, and five feet from adjacent street lines. Farm buildings not for animals or fowl may be erected to a height exceeding one story, provided no part of any such building be located within 15 feet of any adjoining lot in the Residence District.

   (D)   In the Residence District, no accessory building on a corner lot, where the rear yard is adjacent to the side yard of an adjoining lot, shall project more than 25 feet from the interior side lot line of the corner lot. Where the accessory building on such corner lot is distant 40 feet or more, the requirements of this section shall not apply.

   (E)   In the Residence District, accessory buildings on a through lot may be erected in the yard space adjacent to the street affording secondary access to the lot, provided the buildings comply with the front and side yard requirement of this chapter for a principal building.

   (F)   In the Residence District where the natural grade of a lot is more than eight feet above the average established grade of the street upon which the lot abuts, private or storage garages may be erected within any yard space, provided the floor level of such garages shall be not more than one foot above the established grade of such street, and at least 50% of the garage shall be below grade. These garages shall be distant at least two feet from adjoining lots located in the Residence District, and five feet from adjacent street lines, except in cases where a retaining wall not less than four feet in height is located on the lot less than five feet from an adjacent street; then the garages may extend to the line of the retaining wall, provided the garage doors are arranged so that at no time shall the same extend beyond any street line.

   (G)   Accessory buildings, except stables, may be erected as a part of the principal building if all yard and court requirements of this chapter are complied with.

   (H)   No lot shall be so reduced in area as to make any open space less than the minimum requirements prescribed herein. This shall not be construed to prevent the sale of an individual unit of a multiple dwelling in which all rooms are lighted and ventilated from a street or rear yard.

   (I)   Where a lot extends through the block from street to street, the required front yards shall be provided along each street. Additional open space equivalent to the area of a required yard may be provided upon the lot in lieu of a required rear yard. Where the depth of the lot is less than 175 feet, no rear yard shall be required.

   (J)   Where a side wall of a building is not parallel with the side lot line, or where a side yard is irregular, the average side yard width may be considered the required width, provided the side yard shall not be narrower than three feet nor less than 1/2 the required minimum width at any point, and the side yard width along any unbroken section of side wall shall not be less than that required for a wall of equivalent length and story height. Recesses, offsets, or courts having an open end at least six feet wide abutting a required side yard may be assumed to be a portion of the side yard for a depth not exceeding the width of the abutting open side.

   (K)   Where the length of the side yard adjacent to the side walls of a building is more than 50 feet, measured parallel to the adjoining side lot line, the required minimum widths shall be increased by one inch for each foot that such length exceeds 50 feet.

   (1)   On lots less than 50 feet wide and of record on the effective date of this chapter, the required side yard may be reduced 1-1/2 inches for each foot the lot is less than 50 feet in width; provided, that in no case shall the width of the side yard be reduced to less than three feet.

   (M)   In computing the dimension of a rear yard or court adjoining a public alley, 1/2 of the alley may be assumed to be a portion of the yard or court. The portion of a yard opposite the open end of an outer court may be assumed to be a portion of the court.

   (N)   In the case of an irregular, triangular, or gore-shaped lot, the required minimum depth of a rear yard may be deemed to be the average depth; provided, that no rear yard so averaged shall be less than ten feet or 1/2 the required minimum depth at any point.

   (O)   On lots less than 120 feet deep and of record on the effective date of this chapter, the depth of a required rear yard may be reduced two inches for every foot the lot is less than 120 feet deep; provided, that in no case shall the depth of the required rear yard be reduced to less than ten feet.

   (P)   The minimum area of an inner court shall be not less than twice the square of its required minimum dimension.

   (Q)   Where new buildings are built between developed properties in Residence, Multiple, and Office and Professional Districts the front yard setback shall be the average setback of the existing buildings in the same block, but not less than 25 feet.

('73 Code, § 150.11) (Am. Ord. 06-14, passed 10-3-06)

 

*   Note: If a residence or multiple dwelling is to be built in Bus. A-B or B1 zones - the same restrictions shall prevail as if they were being built in their respective zones.

   For additional requirements and exceptions see:

   Heights - § 150.12(A)

   Front yard - §§ 150.11(I), 150.12(A), (C), (D) and (E)

   Side yard - §§ 150.11(J), (K), (L), 150.12(A) and (F)

   Rear yard - §§ 150.11(M), (N), (O), 150.12(A) and (G)

   Inner court - §§ 150.11(M), (P), 150.12(F)

   Outer court - §§ 150.11(M) and 150.12(F)

(Am. Ord. 19-24, passed 9-17-19)

   (A)   In the Residence and Business "A" Districts, schools, churches, hospitals, and sanitariums may be erected to a height not exceeding 60 feet, and such height shall contain no more than 6 stories; provided the front, side, and rear yards are increased an additional foot for each 2 feet the building exceeds 45 feet in height.

   (B)   Chimneys, monumental towers, monuments, scenery lofts, cupolas, domes, spires, false mansards, belfries, conveyors, flagpoles, masts and aerials, water tanks, similar structures, and necessary mechanical appurtenances may be erected to any height approved by the planning commission.

   (C)   In the Residence District, when 50% or more of the lots on the same side of the street within the same block and within 200 feet are occupied by principal buildings, 75% or more of which conform within 5 feet to an average alignment, no building shall hereafter be erected or structurally altered in the district so as to project beyond such average alignment; provided no front yard need exceed 40 feet in depth in any case. The requirements of this section shall apply only on the front lot line of a corner lot.

   (D)   In the Residence District, no alignment setback or front yard shall be required to exceed the average of the minimum depths of the existing front yards on the lots adjacent on each side, provided each of such lots are within the same block and within 100 feet.

   (E)   In the Residence District, open porches shall conform to the average alignment of the existing open porches within the same block and within 200 feet; provided no front yard need exceed 30 feet in depth in any case.

   (F)   In the Business Districts, no side yards are required, but if a side yard is substituted for a required court it shall conform to the provisions of this chapter for side yards in the Residence District, and for the purpose of determining its width, the lowest story it is required to serve shall be considered the first story.

   (G)   No rear yard shall be required for nonresidence occupancies on that portion of any lot in the Business Districts within 50 feet of any street, except that along the rear lot line of any lot which serves as a side lot line of any lot in the Residence District, there shall be a rear yard the minimum dimension of which shall conform to the provisions of this chapter for a rear yard for nonresidence occupancies in the Business "A" District.

('73 Code, § 150.12)

   (A)   Each dwelling, except for the Residence District and the R-1 District, shall have provided on the lot of the dwelling 1-1/2 parking spaces for each family unit in the dwelling up to and including 15 units. For a dwelling of 16 units and up, 2 parking spaces will be required for each family unit in the dwelling.

   (B)   In the Office and Professional Districts, buildings shall have provided on the lot one car space for each 600 square feet of floor space used for office or professional purposes, not including storage or basement areas. However, where the basement is used as an office or apartment, the basement area shall be included in determining parking requirements.

    (C)   In Business Districts (excepting the Business B-OZ District): For newly constructed buildings, rebuilt buildings, or buildings that are enlarged by 40% or more over their size on the date of adoption of this chapter or existing business buildings which change in their occupancy or use, such buildings shall have provided on the lot or within 300 feet of the lot the following parking space ratios, according to the type of occupancy. Present public parking lots and merchant-supported lots shall not be credited.

      (1)   Residential: As in division (A) above.

      (2)   Office and Professional: As in division (B) above.

      (3)   Theatres, places of assembly, restaurants, bars, beauty shops, barber shops, etc: One parking space for every 4 seats in the establishment.

      (4)   Food stores: One parking space for every 150 square feet of sales area in the building.

      (5)   Other retail stores (other than food stores): One parking space for every 200 square feet of sales area in the building.

      (6)   Outdoor amusements: One parking space for each 1,000 square feet of amusement area.

      (7)   This subsection shall not apply to the B-OZ District if the building is within 1,200 feet of a public parking lot, pursuant to § 150.131.

   (D)   In Multiple and Office and Professional Districts: All parking must be provided in side and rear yards. No parking will be permitted in the front yard minimum setback area.

   (E)   Each required parking space shall be individually accessible without the need of moving any other vehicle. Where parking lots require more than 6 parking spaces, they shall have at least one 2-way ingress and egress driveway, or shall have a single-lane ingress specifically marked "IN," and a single-lane egress specifically marked "OUT." Size of parking spaces, width of aisles, and maneuvering space shall be in accordance with good practice for self-parking facilities.

   (F)   A building permit shall be required for every parking lot constructed. A parking plan must be submitted to the building inspector's office along with a registered survey when making application for a building permit. The building inspector's office shall submit the plat and survey to the secretary of the planning commission for approval before processing can proceed further for a building permit.

      (1)   A separate permit and license shall be required for any plumbing work involved within or outside the property, and for any concrete work (paving and curbs) outside the property in the public rights-of-way.

      (2)   Parking lots shall be uniformly graded to provide positive drainage to internal drains or trench type drains at drive approaches. The drawings submitted shall indicate the existing and proposed finished grades and contours. Storm water drainage onto neighboring property is prohibited.

      (3)   Finished surfaces of parking lots shall be of concrete or well compacted, and with smooth bituminous paving.

      (4)   Each parking stall shall be at least 20 feet long and at least 9 feet wide, but not less than 200 square feet in area. Each space shall be identified by painted stripes. Concrete or bituminous wheel stops shall be provided when abutting on neighboring property or public rights-of- way.

      (5)   Single-lane drives shall be at least 12 feet wide and double-lane drives at least 20 feet wide. Drive approaches shall be constructed of concrete at least 7 inches thick, 4200 p.s.i., 28-day strength.

      (6)   Parking lot lighting luminaries, if used, shall be directed away from neighboring property and public rights-of-way. Lights and their direction shall be indicated on building permit application drawings.

      (7)   Obscure screening, either fence or shrubbery, at least 4 feet high shall be provided next to property lines which abut the Residence and R-1 Districts. Such screening shall be shown on application drawings for building permit.

      (8)   Schedule of building permit fee is available in the office of the building commissioner.

      (9)   Parking lots within the B-OZ District are subject to the additional requirements as set forth in § 150.131.

   (G)   Any change in use of residential buildings in Office and Professional Districts shall require full compliance with all provisions of this chapter.

('73 Code, § 150.13) (Ord. 1328, passed 6-25-85; Am. Ord. 19-24, passed 9-17-19) Penalty, see § 150.99

      (1)   To promote development that emphasizes existing neighborhood business district character;

      (2)   To promote redevelopment of the corridor in a coordinated manner;

      (3)   To provide for the long-term sustainability of the business district and character of the community.

(Ord. 19-24, passed 9-17-19)

   The board shall consist of 9 members, appointed by the mayor. Two shall be appointed for one year; 2 for 2 years; 2 for 3 years; 2 for 4 years; and one for 5 years. The term of the member of the city planning commission shall expire at the same time as his term of the commission. A member appointed to fill a vacancy shall serve for the unexpired term.

   (A)   The board shall have the power to exercise the jurisdiction provided in this chapter. In exercising its jurisdiction, it shall adopt from time to time such general rules and regulations relating to its procedure as it may deem necessary. The board shall organize annually and elect a president, vice-president, and secretary. The president, or in his absence, the officer presiding, may administer oaths and compel the attendance of witnesses.

   (B)   Hearings and meetings of the board shall be public. Notice of the hearing of each appeal case shall be given by publication one time in a newspaper of general circulation not less than 6 days in advance of the hearing. The board may go into executive session for discussion, but not for vote on any case before it. The board shall act by resolution, in which at least 5 members shall concur. Concise records and minutes shall be kept as to all official acts of the board. A majority of the members of the board shall be a quorum.

   (C)   Appeals to the board may be taken by any person or by any officer, board, or commission of the municipality affected by any grant or refusal of a building permit, or by any other decision of the commissioner of buildings, where the decision is based upon the requirements of this chapter. The appeal shall be filed with the board within 30 days from the ruling or decision of the commissioner of buildings appealed from. The board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, ruling, or break determination appealed from.

   (D)   Where the street or lot layout actually on the ground or as recorded differs from the street and lot lines as shown on the building zone map, the board, after due notice by registered mail to the record owners of the property, shall interpret the map in such a way as to carry out the intent and purpose of this chapter and map for the particular sections or district in question.

   (E)   The board shall have the power to permit in business districts a prohibited use, as accessory to a conforming use on the same lot, subject to such conditions as will, in the opinion of the board, safeguard the public health, safety, convenience, and welfare; provided that the product of such accessory use is utilized entirely in the conforming use.

   (F)   In undeveloped sections of the city, the board may grant temporary and conditional permits for nonconforming uses, to terminate at a date specified in the grant, which date shall not exceed 2 years from the date of the grant; provided that such uses are important to the development of such undeveloped sections, and are not detrimental to the adjoining and neighboring developed section. Such permits may be renewed, upon reapplication to the board.

   (G)   The board shall have the power to grant the extension of a nonconforming use or building upon a lot occupied by such use or building, or on a lot adjoining or directly across an alley; provided that such lot was under the same ownership as the lot in question on the effective date of this chapter, and where the extension is necessarily incident to an existing use; and provided further that the extension shall not extend more than 25 feet beyond a district boundary line into a more restricted district. The board shall have the power to permit a substitution for or an extension to nonconforming uses, but not both substitution and extension, except that, in the Residence District, no change shall be permitted to any use prohibited in the Business "A" District, or no change shall be permitted to any use prohibited in the Business "B" District.

   (H)   The board shall have the power to grant the projection of any building into a required yard, to the extent necessary to secure a building or structure practicable in its construction and arrangement on an exceptionally narrow, shallow, or irregular lot existing and of record on the effective date of this chapter, or on a lot of exceptional topography.

   (I)   The board may permit the erection of a private garage prior to the erection of a principal building on the premises.

   (J)   Where the strict application of any provision of this chapter would result in undue hardship upon the owner of specific property, or where there is a reasonable doubt as to any provision of this chapter or the building zone map as applied to such property, the board shall have the power to modify such strict application, or to interpret the meaning of this chapter so as to relieve such hardship; provided that such modification and interpretation shall remain in harmony with the general purpose and intent of this chapter, so that the public health, safety, convenience, comfort, prosperity, and general welfare will be conserved and substantial justice done.

   (K)   No permit for the establishment of a restricted parking lot in the Residence District, in accordance with § 150.06 (K) (1), shall be issued unless approved by the board. In granting approval, the board may impose special conditions as it shall deem desirable under the circumstances to reduce the adverse effect of a parking lot upon the preservation of the residential character and development of the residence district in which such parking lot is located.

   (L)   The board may, upon application, issue a temporary and conditional permit authorizing the maintenance, in the Residence District, of an enclosure for horses, cows, and other livestock, not primarily for gain, at a distance of less than 100 feet from the line of an adjoining lot in the Residence District, if such adjoining lot is not improved with a residence building situated within 100 feet of the proposed enclosure for livestock. Such enclosure, so permitted, shall, in every case, be not less than 100 feet from the nearest line of every residence building, and such permit, and all right to maintain any structure or use thereunder, shall expire whenever the enclosure shall cease to conform to the conditions set forth in this section, or to conform with additional limitations which may be determined by the board.

('73 Code, § 150.14) Penalty, see § 150.99

   (A)   It shall be the duty of the commissioner of buildings to enforce this chapter by the grant or refusal of building and occupancy permits in accordance with the administration provisions of this chapter, and no building permit shall be issued for any building which in its construction, location, or proposed use would violate or fail to comply with the provisions of this chapter.

   (B)   All applications for building permits shall be accompanied by specifications in duplicate, and plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the buildings and accessory buildings existing and the lines within which the proposed building shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary for the enforcement of this chapter. One copy of the plans shall be returned to the owner when they have been approved by the commissioner of buildings. All dimensions shown in these plans relating to the location and size of the lot to be built upon shall be based on an actual survey. The lot and location of the building thereon shall be staked out on the ground before construction is started.

   (C)   No person shall use or permit the use of any building or premises or part thereof, hereafter erected, created, converted, changed, or enlarged, wholly or partly, in its use or structure, contrary to the provisions of the building zone code. The commissioner of buildings shall not issue a permit for excavation or construction unless the plans, specifications, and intended use conform to the provisions of the building zone code.

('73 Code, § 150.15) Penalty, see § 150.99

   Nothing contained herein shall require any change in the plan, construction, size, or designated use of a building for which plans are filed with the commissioner of buildings and a building permit issued before the effective date of this zoning code; provided construction under such permit shall have been started within 6 months, and the ground story framework, including structural parts of the second floor, shall have been completed within one year, and the entire building completed within 2 years after the date of the issuance of such permit.

('73 Code, § 150.16)

   (A)   It shall be unlawful for an owner to use or permit the use of any land or any structure, or part thereof, hereafter created, erected, converted, enlarged, or changed, wholly or partly, in its use or construction, until the commissioner of buildings shall have issued a certificate of occupancy. Such certificate shall show that such structure or premises, or part thereof, and the proposed use thereof, are in conformity with the provisions of this chapter.

   (B)   In the case of a nonresident occupancy, no certificate of occupancy shall be issued by the commissioner of buildings until the sum of $1 shall have been paid to him. The commissioner shall issue the certificate for residence occupancies without charge. Each certificate shall show the owner's name, the location of the premises, the operation involved, the nature of the proposed use, and a receipt for the sum paid.

('73 Code, § 150.17)

   In case any building or structure is or is intended to be erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is or is intended to be used in violation of this chapter, the city director of law, in addition to the remedies herein provided for, is authorized to institute any appropriate action or proceeding in law or equity to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, or to restrain, correct, or abate such violation.

('73 Code, § 150.18)

   (A)   Purpose, definition, and effect.

      (1)   Purpose. It is the purpose of the regulations in §§ 150.20 et sec. entitled "Wireless and Cellular Telecommunications Towers and Facilities," to:

         (a)   Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while restricting the location and number in the city;

         (b)   Minimize the adverse visual effects of communication towers and support structures through proper siting, design, and screening;

         (c)   Avoid potential damage to adjacent properties from communications towers and support structure failure; and

         (d)   Encourage the joint use of tall structures and any new and existing communications towers and support structures to reduce the number of such structures needed in the future.

      (2)   Definitions. As used in this subchapter, the following terms shall have the meanings indicated:

         (a)   ALTERNATIVE TOWER STRUCTURE. Man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

         (b)   ANTENNA. Any exterior apparatus designed for telephonic, radio, or television communications through the sending, relaying, and/or receiving of electromagnetic waves; including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whips.

         (c)   CELLULAR COMMUNICATION SERVICES. Personal communications accessed by means of cellular equipment and services.

         (d)   CELLULAR OR WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. Any building or structure, including equipment shelter, guy wire anchors, accessory to, but not necessary for, the proper functioning of the cellular or wireless communications antenna or tower.

         (e)   CLEAR AND CONVINCING EVIDENCE. The measure of proof which will produce a firm belief as to the allegation sought to be established.

         (f)   CO-LOCATION. The process of providing space for more than one user on a tower or facility.

         (g)   HEIGHT. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

         (h)   PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, including cellular services.

         (i)   TALL STRUCTURES. Any structure or building, including, but not limited to, smoke stacks, water towers, buildings over 45 feet in height, antenna support structures of other cellular or wireless communication companies, and other communication towers.

         (j)   TOWER. Any freestanding structure that is designed and constructed for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and alternative tower structures.

         (k)   WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES. Any cables, wires, lines, wave guides, support structure, antennas, and any other equipment or facilities associated with the transmission or reception of communications, as authorized by the Federal Communications Commission. However, the term WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES shall not include:

            1.   Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or which is granted approval as a conditional use;

            2.   Any satellite earth station antenna one meter or less in diameter, regardless of zoning category;

            3.   Antennas used by amateur radio operators.

         (l)   WIRELESS AND CELLULAR TELECOMMUNICATION EQUIPMENT. Antennas and satellite dishes, etc. which are used for transmitting, receiving, or relaying communications signals, except as such equipment has been preempted from regulation by the Federal Telecommunications Act of 1996.

      (3)   Effect on other zoning regulations. The provisions of any other zoning regulation of the codified ordinances notwithstanding, the provisions of this chapter shall apply to all wireless and cellular telecommunications towers and facilities and shall supersede any contrary zoning regulations, including, but not limited to, zoning regulations related to essential services, public utilities, and height restrictions, modifications, and exceptions.

   (B)   General requirements.

      (1)   Wireless and cellular telecommunications towers and facilities shall be located only in Business District "B" of the city and shall be contingent upon a number of requirements being met. These criteria are in place in an attempt to minimize adverse health, safety, public welfare, or visual impacts through buffering, siting, design, and construction, and reduction for the need for new towers.

      (2)   Registration of wireless and cellular telecommunications towers and facilities is needed as required in § 150.20(C).

      (3)   Shared usage of towers and transmission facilities is encouraged and towers should be designed to accommodate such uses, including governmental telecommunications needs. Appropriate shared parking and access must be provided for co-located facilities on one tower.

      (4)   The applicant must co-locate its facilities except where the applicant can demonstrate by clear and convincing evidence that its facilities cannot be located on any other existing communication tower, building, or structure in the geographic area to be served, and that all reasonable means have been undertaken to avoid any undue impact caused by the "clustering" of towers within an area. The applicant must send a certified mail announcement to all other owners of existing towers and tall structure owners in the geographic area to be served, stating its siting needs and/or sharing capabilities. In determining whether a facility can or cannot be located on another communication tower, building, or structure, the city shall consider the space available on an existing structure, the technological practicality of the co-location, the financial feasibility of the co-location, and such other factors, as the city deems appropriate.

      (5)   Any applicable airport land use compatibility criteria/policies and Federal Aviation Administration regulations shall be met and requirements presented to the city prior to facility approval.

      (6)   The owner of any tower or facility shall indemnify and hold the city harmless against any and all claims, demands, suits, causes of action, or judgment due to any injury, including death, or damage caused by the operation or construction of the tower or facility.

      (7)   The owner of any tower or facility shall maintain public liability and property damage insurance that protects the owner of any tower or facility and the city, naming the city as an additional insured, as well as the city's officers, agents, and employees. The insurance shall provide coverage at all times of not less than $1,000,000 for personal injury to each person and $1,000,000 for each occurrence involving property damage plus costs of defense or a combined single limit policy of not less than $5,000,000 covering all claims plus costs and defense. The policy shall provide that the insurance shall not be cancelled or materially altered without 30 days written notice first being given to the city. If the insurance is cancelled or materially altered, the owner of any tower or facility shall provide a new policy with the same terms. The owner of any tower or facility shall maintain continuous, uninterrupted coverage in the amounts required for the duration of the tower. The owner of any tower or facility shall maintain on file with the City Auditor a certificate of such insurance.

   (C)   Registration of wireless and cellular telecommunications facilities, carriers, and providers.

      (1)   Registration is required by all telecommunication tower owners and carriers and providers that offer or provide any telecommunications services for a fee directly to the public from wireless and cellular telecommunications facilities within the city. The registration forms shall be available from the Building Commissioner. A fee of $100 shall be charged for the registration.

      (2)   Each owner shall inform the city within 60 days of any change of the information set forth on the registration form.

      (3)   Wireless telecommunication towers and facilities registration must be renewed on a biennial basis, at the beginning of each even-numbered year. The registration must be accompanied by the $100 fee. The telecommunication tower or facility owner/operator must submit the registration to the Building Department of the city by February 1 of the applicable year.

   (D)   Wireless and cellular telecommunication towers and facilities structural requirements. No wireless and cellular telecommunication tower and/or facility shall be designed and/or sited such that it poses a potential hazard to nearby improvements or surrounding properties. The structural integrity of towers and facilities must meet the applicable OBBC and IEA/TIA 222 standards and be designed by a professional engineer qualified in electrical/structural design. A building permit will only be issued when these requirements are met to the satisfaction of the Building Commissioner.

   (E)   Zoning districts and locations where wireless and cellular telecommunication towers are permitted.

      (1)   Towers and facilities are permitted only in Business District "B" of the city.

      (2)   Towers and facilities less than 20 feet in height or those attached to an existing utility pole may be located elsewhere in the city if approved by City Council.

   (F)   Application procedure.

      (1)   Any person or company intending to apply for the placement or operation of cellular or wireless communications tower or facilities within the city shall first schedule a pre-application conference with the Building Commissioner. At the conference, the perspective applicant must present to the Building Commissioner any proposed locations for siting towers and equipment. The information should identify possible locations, tower and tall structure heights, and the possibility of co-location.

      (2)   The purpose of the pre-application conference will be to, generally, evaluate the impact on adjacent areas and neighborhoods, discuss a location, and identify suitable sites that minimize any negative impact on surrounding areas.

      (3)   Upon the completion of the pre-application conference, an application maybe filed with the Building Commissioner. The applicant must comply with the requirements of this chapter.

      (4)   A $250 application fee will be charged for each new cellular or wireless telecommunication tower or facility, including co-location of equipment on existing towers. The fee shall be in addition to any applicable building permit fee.

   (G)   Application requirements.

      (1)   The application shall specify the location of all existing towers owned or used by the applicant within the city and outside the city limits within a 1/4 mile radius and provide the following information for each existing facility.

         (a)   Type and size of the tower and facilities at each location;

         (b)   The type and accessory equipment and/or building located at each site; and

         (c)   The ground network and associated land lines utilized by each tower.

      (2)   The application shall note the general location of planned future towers and facilities.

      (3)   For each specific tower location shown on the plan, there must be a schedule showing:

         (a)   Type and size of the tower facility at each location;

         (b)   The type of accessory equipment located or proposed on each tower;

         (c)   The type, size, and location of any support structure to be used by the tower for which the application is being submitted;

         (d)   The ground network and associated land lines, if any, utilized by each site;

         (e)   A site plan showing the parcel on which any existing tower is located; and

         (f)   A detailed drawing of the screening plan and related design standards.

      (4)   Copies of all certified mail announcements to all other owners of towers and tall structures must be attached to the application. See § 150.20(B)(4) herein.

      (5)   The application must include notification from the FAA and local airport describing any requirements to be set forth on the tower and its location.

   (H)   Existing wireless and cellular telecommunication towers and facilities.

      (1)   Existing wireless and cellular telecommunications towers and facilities which do not comply with the conditions of this chapter at the time of its adoption shall be classified as non-conforming. The owner and/or operator must, however, comply with any registration requirements set forth in this chapter. Further co-location of facilities on existing towers and changes to the towers or facilities must comply with the requirements of this chapter, except as provided in division (H)(2) of this section.

      (2)   To encourage co-location on existing towers, the height of nonconforming towers may be increased to 250 feet.

   (I)   Design standards for wireless and cellular telecommunications towers and facilities.

      (1)   All telecommunications towers, support structures, and associated facilities shall be enclosed with a six foot high solid fence or barrier and a continuous evergreen hedge, a minimum of 30 inches in height on the outside of the fence or barrier. The applicant is responsible for installation and maintenance of the fence or barrier and hedge.

      (2)   Proof shall be provided by the applicant in a form satisfactory to the Building Commissioner that the proposed installation has been approved by and will be operated in compliance with all agencies and governmental entities having jurisdiction, including, but not limited to, the Ohio Department of Transportation, the Federal Aviation Administration, the Federal Communications Commission, or the successors to their respective functions.

      (3)   Lights, beacons, or strobes of any kind shall not be permitted on any tower, antenna, or facilities unless required by the Federal Aviation Administration. Any such requirement must be presented to the Building Commissioner prior to city approval of the facility. Furthermore, telecommunication towers are discouraged from locating in areas which would require special painting or lighting by the FAA regulations.

      (4)   Setback requirements. Towers shall be located no closer than 200 feet to a residential zoning district line, and no closer than 100 feet to a public street right-of-way, and no closer to any property lines than 25% of the height of the proposed tower.

      (5)   The minimum size of a parcel on which a tower is located shall be 10,000 square feet and no more than one tower may be located on a parcel. Parcel means a separate tract of land as determined by the Hamilton County Auditor's Office.

      (6)   No advertisement of any kind shall be installed on telecommunication towers and/or facilities.

      (7)   The towers shall be painted a non-contrasting gray or similar color, minimizing their visibility, unless otherwise required by the Federal Communications Commission or Federal Aviation Administration. When permitted as a conditional use, the Planning Commission may require an alternative tower structure to blend into the existing environment. The towers shall be maintained in accordance with Chapter 151 of the Cheviot Code of Ordinances.

   (J)   Design standards for wireless and cellular telecommunications facilities as attachments to existing structures. Telecommunication facilities on existing structures are permitted in Business District "B," subject to the following standards :

      (1)   Existing tall structures include water towers, smoke stacks, buildings, lighting standards, or other structures.

      (2)   Telecommunication facilities on existing structures must be aesthetically and architecturally compatible with the surrounding environment.

      (3)   The maximum height of such telecommunication facilities shall not exceed the lesser of 25 feet or 25 % of the height of the structure on which it is located. If located on a building, such facilities must be set back from the edge of the building a distance equal to the height of the facility. Any facility which will not extend more than ten feet above the height of the building and flush-mounted panel antennas are exempt from the setback requirements in this subsection.

   (K)   Standards for wireless and cellular towers and facilities on publicly owned property. Towers and facilities may be permitted on any city-owned property subject to the following:

      (1)   The property must be leased from the city at its sole discretion.

      (2)   The maximum height and design of any tower and/or facility on city property shall be determined by City Council.

      (3)   All design standards in §§ 150.20(l) and 150.20(J) shall apply to towers and facilities under this subsection, except for the setback requirements in § 150.20(l).

(Ord. 02-28, passed 10-15-02)

   (A)   All wireless and cellular telecommunication towers and facilities shall be removed within six months after they are no longer used. All owners or operators of such towers and facilities shall notify the City Engineer and Building Commissioner in writing of the date upon which such towers or facilities are no longer used.

   (B)   Wireless and cellular telecommunication towers and facilities which are not removed within six months after they are no longer used are hereby declared to be a public nuisance and shall be abated by removal of such towers and/or facilities.

   (C)   The City Engineer or Building Commissioner shall serve written notice on the owner or operator of the tower and/or facilities and the lessee and/or owner of the property upon which such tower and facilities are located ordering removal of the tower and/or facilities within 120 days of the receipt of the notice.

   (D)   In the event that the tower and/or facilities are not removed within 120 days after written notice, then the Building Commissioner is authorized and directed to abate such public nuisance by causing the removal of the tower and/or facilities at the expense of the owner or lessees of the tower, facilities, or property.

   (E)   The cost of removal of the tower and/or facilities by the city shall be certified by the Hamilton County Auditor as a lien for assessment and collection against the real property upon which the tower and/or facilities were located in the same manner as general taxes and returned to the city's general fund.

(Ord. 02-28, passed 10-15-02)

   Whoever violates any provision of this chapter, fails to conform to any provision thereof, or fails to obey any lawful order of the commissioner of buildings, issued in pursuance thereof, shall be fined not more than $100. Each day's continuance of a violation or failure shall be considered a separate offense.