Commercial Point City Zoning Code
TITLE SEVEN
Supplemental Zoning Regulations
§ 1181.01 SWIMMING POOLS.
A PRIVATE SWIMMING POOL as regulated herein means any pool or tank, exclusive of "storable swimming pools," not located within a completely enclosed building and containing water at any point to a depth of 24 inches. No private swimming pool, above or below ground, shall be allowed in a residential district except as an accessory use, and unless such private swimming pool has received a certificate of zoning compliance prior to issuance of a building permit and provided such pool complies with the following conditions and requirements:
(a) The pool is an accessory structure intended and used primarily for the enjoyment of the occupants of the principal use of the property.
(b) The pool may not be located in an easement or installed in any manner that negatively impacts storm water runoff or causes flooding to adjoining properties.
(c) The pool, or the entire lot on which such pool is located, shall be enclosed by a structure with a minimum height of four feet to prevent uncontrolled access from the street and from adjacent properties.
(d) Access gates must be self-closing and have a self-latching device and shall be equipped to accommodate a locking device.
(e) No person, firm or corporation shall construct or install a swimming pool or make any alteration therein or in the appurtenances thereof without having received an approved certificate of zoning compliance.
(f) Any lighting to illuminate the pool area shall be so arranged as to deflect the light away from the adjoining properties.
(g) The pool must be a minimum of ten feet away from the property line.
NOTE: Deed restrictions or covenants may also prohibit certain kinds of fences or specify locations in the subdivision. The village does not regulate nor enforce deed restrictions; other home owners or civic associations in a subdivision may regulate them as well as other subdivision rules.
(Ord. 2020-10, passed 6-15-2020)
§ 1181.02 OPEN STORAGE AND DISPLAY OF MATERIAL.
The open storage and display of material and equipment incidental to a nonresidential use adjacent to a residential zoning district, Planned Residential District, Planned Unit District, or visible from a public right-of-way shall only be permitted provided the area used for open storage and display shall be effectively screened on adjoining sides and public rights-of-way by means of walls or fences with a 100% opaqueness and is located behind the building line and not in a required yard. Walls or fences shall be a minimum of six feet in height without advertising thereon and shall not include chain-link fences. Walls and fences may be further screened with plantings comprised of evergreen hedges six feet in height.
(Ord. 2020-10, passed 6-15-2020)
§ 1181.03 PUBLIC NUISANCE REGULATIONS.
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures or safeguards to reduce dangerous and objectionable conditions to acceptable limits are established by the performance requirements in divisions (a) to (l) of this section.
(a) Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance compatible with the potential danger involved.
(b) Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point than that of the creator of such disturbance.
(c) Noise and Vibration. Noise or vibration shall be so controlled that at the property line on which such noise or vibration is produced it will not be at a level above that normally perceptible from other development activities in the area or from the usual street traffic observed at the street right-of-way line of the lot, except occasional blast or shock required in normal operation and produced in such manner as not to create a hazard.
(d) Toxic and Hazardous Substances. No toxic substance shall be emitted or otherwise discharged into the atmosphere, ground, surface waters or ground waters. No storage, use or transport of toxic or hazardous substances shall be permitted unless such activity is in full compliance with applicable state and federal environmental protection regulations and the expressed prior written approval of the Fire Chief.
(e) Air Pollution. No pollution of air by fly-ash, dust, vapors, odors, smoke or other substances shall be permitted which are harmful to health, animals, vegetation or other property, or which can cause excessive soiling.
(f) Glare. No direct or reflected glare shall be permitted which is visible from any property or from any public street.
(g) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(h) Water Pollution. Water pollution shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency.
(i) Trash. The storage of trash and waste materials, including but not limited to discarded household goods, discarded commercial products, industrial by-products, and other similar materials shall not be visible from the property line on which such materials are being stored or otherwise placed. All such materials shall be housed in an appropriate container or enclosure, excepting trash that is properly placed in an appropriate enclosed container at an assigned location for regularly scheduled trash pickup. In all cases, there shall be full compliance with applicable zoning district standards.
(j) Enforcement Provisions. The Planning and Zoning Administrator or Council prior to the issuance of a certificate of zoning compliance may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(k) Measurement Procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute, United States Bureau of Mines, and Ohio Environmental Protection Agency.
(l) Turf and Shrubs. Turf shall not be higher than eight inches, and shrubs may not extend over a sidewalk or into a public right-of-way. If the owner, lessee, agent or tenant having charge of the land mentioned fails to comply with a violation notice per Chapter 1135, the municipality may cause such turf or shrubs to be cut and may employ the necessary labor to perform such task. All expenses incurred shall be documented. The Fiscal Officer shall make a written return to the County Auditor of action taken under this section, with a statement of the charges for its services, the amount paid for the performing of such labor, the fees of the officers who made the service of the notice and return, and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the municipality with the General Fund.
(m) Abatable Nuisance. Upon determination by Council, divisions (a) to (l) of this section shall be considered abatable nuisances and a violation of the provisions of this Zoning Code.
(Ord. 2020-10, passed 6-15-2020)
§ 1181.05 PORTABLE STRUCTURES.
(a) Portable Residential Structures. No mobile home, trailer or similar portable residential structures in use shall be permitted in any district in the municipality except for camping and traveling trailers specified in § 1185.07.
(b) Portable Non Residential Structures. Portable non-residential structures shall not be permitted in the municipality, except as provided in division (c) of this section and § 1135.09. For the purposes of this Zoning Code, a portable non-residential structure shall be defined as any building or other structure designed for occupation or sale of goods which is not placed on a permanent foundation.
(c) Portable On Demand Storage (PODS). The use of PODS within the municipality, or other similar units, shall be permitted in any zoning district only for the purpose of loading or unloading in association with moving in or out of a building. PODS shall be parked on property for a period not to exceed seven consecutive days, shall not be parked on public right-of-way or private streets, and shall be located on an existing driveway or parking area composed of gravel, asphalt, concrete or other hard surface. The Planning and Zoning Administrator shall issue a certificate of zoning compliance for the location of PODS in the municipality abiding by the aforementioned conditions.
(Ord. 2020-10, passed 6-15-2020)
§ 1181.06 SOLAR PANELS.
(a) Definitions. All solar panels shall be classified as either a:
(1) ROOF MOUNTED SOLAR PANEL STRUCTURE. A solar panel structure that is attached to the roof of a principal structure or an accessary structure that does not create an additional footprint or reduce the amount of yard area on the parcel of land that it is installed within.
(2) GROUND MOUNTED SOLAR PANEL STRUCTURE. A solar panel structure that is attached to the ground or a specially prepared base for the solar panel structure that creates an additional footprint or reduces the amount of yard area on the parcel of land that it is installed within.
(b) Permitted zoning districts.
(1) Roof mounted solar panel structures are allowed in all zoning districts.
(2) Ground mounted solar panel structures are only allowed in the following districts:
A. Limited Manufacturing District (LM);
B. Planned Industrial District (PID); and
C. Floodplain District (FD) - Subject to applicable government approvals.
(c) Required permitting.
(1) All ground mounted solar panel structures, whether a principal structure or an accessary structure, shall be indicated on an approved site plan in conformance with the requirements of Chapter 1141.
(2) A village zoning permit is required for both ground mounted, and roof mounted solar panel structures.
(d) Prohibitions. The use/installation of ground mounted solar panels used solely for resale purposes is prohibited.
(Ord. 2024-09, passed 10-7-2024)
§ 1181.07 FENCES AND HEDGES.
(a) Electrically Charged Fences Prohibited. Electrically charged fences shall be forbidden in all districts except on sites of more than ten acres used to confine livestock.
(b) Use of Barbed Wire. Barbed wire may be used only to top standard security fences in commercial and industrial districts at a height of six feet or greater, the supports for such barbed wire shall be either vertical or lean inward above the property of the owner of the fence. Lands used for agricultural purposes, meeting the requirements of this Code, shall be exempt from this provision.
(c) Decorative Fences Required. Only decorative fences shall be constructed in front setbacks or side setbacks abutting streets. Decorative fences shall mean split rail, ornamental iron, vinyl, or other decorative wooden fences as approved by the Planning and Zoning Administrator.
(d) Chain Link Prohibited. Chain link fences shall not be permitted within front setbacks or side setbacks abutting streets in any district, except by variance granted by Council.
(e) Guard Rails Prohibited. Guard rails shall not be used as fencing.
(f) Location in Front Setbacks. Fences and hedges in front setbacks and/or side setbacks abutting streets and alleys in any district shall not exceed four feet in height and shall not obstruct the view of pedestrians or vehicular traffic or be detrimental to the public safety.
(g) Fencing Agricultural Uses. Lands used for agricultural purposes, meeting the requirements of this Code, shall not place any fence used for the confinement of said use closer than 15 feet from any public right-of-way or private street.
(h) Height Restriction in Rear and Side Yards. Fences in rear setbacks and side setbacks not abutting streets and alleys shall not exceed six feet in height in residential districts or 12 feet in height commercial or industrial districts.
(i) Permit Required. No fence shall hereafter be erected, constructed, altered, relocated or rebuilt until an application has been filed with and a permit issued by the Planning and Zoning Administrator.
(j) Exemptions for Temporary Fences. The following temporary fences shall be exempt from the provisions of this section:
(1) Temporary construction fences when such fence is indicated on an approved site plan.
(2) Temporary fences used for special events and shown on an approved plot plan for said event.
(3) Temporary snow fence installed by any government agency.
(4) Temporary fences installed for the protection of the public from any obvious danger.
(Ord. 2020-10, passed 6-15-2020)
§ 1181.08 OUTDOOR FURNACES.
(a) Definition. An outdoor furnace shall be defined as any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space.
(b) Permits. The property owner is required to obtain a certificate of zoning compliance, required building permits and other applicable permits prior to the location, construction, installation, or operation of outdoor furnace in the Village of Commercial Point.
(c) Operation. All outdoor furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions, the requirements of this Zoning Code, and all federal and state regulations, whichever is more restrictive.
(d) Permitted Fuel. Only firewood, untreated lumber, wood pellets, biomass pellets, or corn are permitted to be burned in any outdoor furnace, per the manufacturer's specifications. Burning of any and all other materials in an outdoor furnace is prohibited.
(e) Permitted Zones. Outdoor furnaces shall be permitted in the R-1 and R-3 zoning districts.
(f) Minimum Property Size. The minimum property size on which outdoor furnaces may be operated shall be two acres.
(g) Setbacks. Outdoor furnaces shall be set back no less than 75 feet from the nearest lot line or public right-of-way.
(h) Number. No more than one outdoor furnace shall be permitted on any one lot of record.
(i) Size. Outdoor furnaces shall be no larger than 40 square feet in area and be no taller than eight feet in height, not including the chimney or stack.
(j) Chimney or Stack Height. The chimney of an outdoor furnace shall extend at least two feet above the peak of the residence for which it serves.
(k) Appearance. Outdoor furnaces must have a shed appearance enclosing the furnace unit and other associated equipment.
(l) Months of Operation. Outdoor furnaces shall be operated only between September 1 and May 31.
(m) If an existing outdoor furnace is determined to be creating a nuisance, as established in § 1181.03 and/or the Ohio Revised Code:
(1) The operation of the unit shall cease and desist until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.
(2) The property owner shall work with the Planning and Zoning Administrator to modify the outdoor furnace to eliminate the nuisance by such means as extending the chimney, relocating the outdoor wood furnace, or other appropriate measures.
(3) The outdoor furnace shall be removed from the property if modifying the outdoor furnace, relocating the outdoor furnace, or other appropriate measures do not eliminate the nuisance.
(n) Any person who constructs or operates an outdoor furnace in violation of this section shall be deemed in violation of this Zoning Code and punishable as prescribed in Chapter 1135.
(Ord. 2020-10, passed 6-15-2020; Am. Ord. 2020-30, passed 1-4-2021)
§ 1181.09 ELECTRIC VEHICLE CHARGING STATIONS.
(a) An electric vehicle charging station shall mean a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle.
(b) Electric vehicle supply equipment, as defined in the National Electric Code, shall obtain any required building permits, electrical permits or other applicable permits prior to their location, construction, installation, or operation in the Village of Commercial Point.
(c) Electric Vehicle Charging Stations on Residential Properties. Electric vehicle charging stations shall be permitted in the R-1, R-3, MF-A, MF-C, PRD zoning districts, and areas designated for residential use in PUD, PCND, and TND zoning districts, subject to the following regulations:
(1) Electric vehicle charging stations on residential properties shall not be located within the front, side or rear setbacks of the applicable zoning district.
(2) Residential properties with more than five electric vehicle charging stations in a single parking lot shall provide screening of such charging stations from adjacent properties with landscaping, fencing, or a combination thereof and achieve at least 50% opacity at installation.
(3) Electric vehicle charging stations shall only be utilized by the residents of the property such charging stations are located upon.
(4) Only single phase Level 1 and Level 2 electric vehicle supply equipment shall be permitted on residential properties.
(5) A certificate of zoning compliance shall be required for electric vehicle charging stations located on residential properties.
(d) Electric Vehicle Charging Stations on Non-Residential Properties. Electric vehicle charging stations shall be permitted in the GC, NC, SO, PCD, PID, and LM zoning districts, and areas designated for non-residential use in PUD, PCND, and TND zoning districts, subject to the following regulations:
(1) Non-residential properties with five or less electric vehicle charging stations that do not have overhead canopies shall be permitted per to the following:
A. Minor site development plan approval shall be required per § 1141.02(d).
B. Electric vehicle charging stations shall not be located within the front yard setback of the applicable zoning district and shall be located no less than ten feet from the side or rear property lines. Electric vehicle charging stations shall be located no less than 30 feet from any residential zoning district as stated in § 1181.08(b).
(2) Non-residential properties with more than five electric vehicle charging stations, or charging stations that include overhead canopies, shall be permitted per the following:
A. Conditional use approval shall be required per Chapter 1145 and major site development plan approval shall be required per § 1141.02(c).
B. Electric vehicle charging stations shall not be located within the front, side, or rear setbacks of the applicable zoning district.
C. Electric vehicle charging stations shall be screened from adjacent residential uses with landscaping, fencing, or a combination thereof and achieve at least 50% opacity at installation.
(3) Parking spaces designated for electric vehicular charging stations shall not apply to the required minimum number of parking spaces.
(4) Signage shall only be located on the electronic vehicle charging station and shall not exceed four square feet in area per charging station.
(Ord. 2020-10, passed 6-15-2020)
§ 1183.01 HEIGHT MODIFICATIONS.
The height limitations stipulated elsewhere in this Zoning Code shall not apply to the following:
(a) Farm Buildings, Churches, Architectural Features and Similar Structures. Barns, silos, or other farm buildings or structures on farms; church spires, belfries, cupolas and domes; monuments; chimneys, flagpoles; parapet walls extending not more than four feet above the limiting height of the building.
(b) Elevator Penthouses, Water Tanks, and Similar Structures. Elevator penthouses, water tanks, monitors and scenery lofts, provided the height of any such structure doesn't exceed 50% of the corresponding street lot line frontage; monuments, grain elevators, conveyers, derricks, gas holders or other structures and mechanical appurtenances where the manufacturing process requires a greater height and provided no such structure is located in front of the building, and provided that such structure is setback a distance greater than its height from any lot line.
(Ord. 2020-10, passed 6-15-2020)
§ 1183.02 YARD PROJECTIONS.
The yard space required for a use or structure shall, during its life, remain free of all uses or occupancies except as follows:
(a) Landscaping shall be permitted in any required yard, or along the edge of any yard, provided that no fence or wall, unless decorative, no higher than three feet in height except as required in Chapter 1191, and not located so as to reduce visibility, shall be located between a public right-of-way and a front building line. Such fencing shall not include chain link fencing.
(b) Eaves, cornices, canopies, windowsills, belt courses and any similar architectural feature may project into any required yard a distance not to exceed 24 inches.
(c) Bay windows, balconies, uncovered porches and chimneys may project beyond the front building line or into a required rear yard space a distance not to exceed five feet.
(d) Driveways shall be permitted in required yards, but shall be three feet or more from any property line, except where such driveways are developed jointly as a common drive to adjoining lots.
(e) Underfootings shall be permitted to extend to the building setback line.
(f) All above ground utility connections shall be located at the rear of the house.
(g) Unroofed porches, decks and steps may extend from the dwelling into the required front yard a maximum of ten feet.
(h) Open structures such as roofed porches, canopies, balconies, and carports, shall be considered parts of the building to which attached and shall not project into any required yard.
(i) No structure may project into a required side yard except in the case of a single nonconforming lot of record which is of insufficient width to meet the side yard requirements of this Zoning Code.
(Ord. 2020-10, passed 6-15-2020)
§ 1183.03 LOT AREA REQUIREMENTS; PRIVATE SANITARY FACILITIES.
Any other regulations of this Zoning Code notwithstanding or as otherwise determined by the applicable County Board of Health, in any district where public water and sanitary sewer facilities are not immediately accessible, the lot area per single-family dwelling and lot frontage requirements otherwise specified for residential uses shall be increased as follows:
(a) Sewerage and Water Not Available. Where both public sanitary sewerage and public water supply are not accessible:
(1) Minimum lot area - one acre.
(2) Minimum lot frontage - 125 feet.
(b) Sewerage Not Available. Where public water supply is accessible and private connections will be made, but where public sanitary sewerage is not accessible:
(1) Minimum lot area - one acre.
(2) Minimum lot frontage - 125 feet.
(3) Residential structures containing two or more dwelling units shall not be rezoned, shall not be issued a certificate of zoning compliance, nor shall be issued a building permit without access to public sanitary sewer and water facilities.
(c) Determination of Assigned Yards. The assigned yard (typically diamond-shaped) shall be the area bounded by lines passing through points that are located by the following procedure:
(1) The outline of the structure shall be a quadrangle described by lines established by the projection of the outermost faces of the structure.
(2) If a wing, bay or other section of the structure is 25% or less of the linear dimension of a projected face or is of ten feet or more difference in height, then a quadrangle and/or height as determined above may be described separately. If a face of the structure is other than straight, then the projection of such a face shall be a line through the outermost point of the face, such line being parallel to the projection of the structure's front face.
(3) The points shall be established on a perpendicular bisector of each side of the quadrangle at a distance from such side equal to the sum of the length of the side and height of the structure divided by two.
(d) Relationship of Assigned Yards. The assigned yard of a structure shall not be occupied by any other structure, except accessory structures on the same lot.
(1) Structures adjacent to property of another ownership shall comply with the yard requirements prescribed in relation to the lot line except that if the adjacent property is developed or its proposed structure is determined and with written consent of the adjacent property owner, then assigned yards may be used to establish the arrangement between the structures.
(2) The assigned yard shall not extend into a street right-of-way, except that if a street is abutted by property of the same ownership or with agreement between owners for its full extent between intersections, then the assigned yard may be extended to the centerline of the right-of-way, except that the structure shall not be closer than ten feet to the existing or proposed right-of-way, whichever is greater.
(Ord. 2020-10, passed 6-15-2020)
§ 1185.01 OFF-STREET PARKING GENERALLY.
(a) Surfaced off-street automobile parking shall be provided on any lot on which any of the following uses are hereafter established and are intended for use by the public, whether as customers, employees, or residents of a use or uses. Off-street loading and vehicle storage space shall be provided for the handling of materials and products of commercial and industrial uses. Such off-street parking, loading and vehicle storage spaces shall be provided with vehicular access to a publicly dedicated street or alley.
(b) Such required facilities, additional space provided, and access drives thereto, including required curb-cuts, shall be sloped and constructed to provide adequate drainage of the area, surfaced as required herein, and maintained in such a manner that no dust will be produced by continuous use. The design and construction of all such facilities shall be subject to approval by the Municipal Engineer.
(Ord. 2020-10, passed 6-15-2020)
§ 1185.02 DIMENSIONS.
(a) Parking Spaces. Minimum area and dimensions exclusive of driveways and aisles as follows:
TYPE OF PARKING SPACE | MINIMUM WIDTH (feet) | MINIMUM LENGTH (feet) | MINIMUM AREA (sq feet) |
90-degree parking | 9 | 18 | 162 |
Parallel parking | 9 | 23 | 207 |
60-degree parking | 9 | 18 | 162 |
45-degree parking | 9 | 18 | 162 |
(b) Parking Aisles. Minimum widths as follows:
TYPE OF PARKING | MINIMUM AISLE WIDTH (feet) |
90-degree parking | 22 |
Angle parking | 18 |
Parallel parking on one-way drive | 14 |
USE | REQUIRED PARKING SPACE |
USE | REQUIRED PARKING SPACE |
Automobile service station | 1 for each 2 pumps plus 2 for each service bay |
Automobile repairs; car wash (office area) | 1 for each 200 sq. ft. of gross floor area |
Assembly hall, club room, place of amusement or similar place of assembly without fixed seating | 1 for each 1,000 sq. ft. of gross floor area |
Banks, savings and loans, and other financial businesses | 1 for each 200 sq. ft. of gross floor area |
Bed and breakfast inns | 1 for each guest room |
Bowling alleys, tennis courts or similar place of intensive public activity | 4 for each alley, court or similar activity area |
Business, technical and trade school, college and university | 1 for each 2 students |
Business and professional offices not elsewhere specified | 1 for each 200 sq. ft. of office space |
Dance halls and assembly halls without fixed seats, exhibition halls except church assembly rooms in conjunction with auditorium | 1 for each 100 sq. ft. of gross floor area used for assembly or dancing |
Day care centers, children's nurseries and pre-schools | 2 for each classroom but not less than 6 per center |
Drive-up window service or fast-food restaurants, with seating, | 1 for each 100 sq. ft. of gross floor space |
Drive-up window service or fast-food restaurants, without seating | 1 for each 200 sq. ft. of gross floor area |
Driving range | 1 for each 2 playing locations |
Dwellings other than multi-family | 2 for each dwelling unit |
Eating and drinking establishments with no drive-up window service | 1 for each 100 sq. ft. of gross floor space |
Electronic products store - retail | 1 for each 500 sq. ft. |
Elementary and middle schools | 1 for each teacher and staff member, plus 1 per student up to 5% of the student body |
Funeral homes, mortuaries | 1 for each 150 sq. ft. of gross floor area |
Furniture and appliance stores, household equipment or furniture repair shop | 1 for each 400 sq. ft. of gross floor area |
Golf course | 4 for each hole plus 1 space for each 2 employees on combined work shifts |
Health care maintenance and emergency services | 1.5 for each treatment room plus 1 for every employee on the largest shift |
High school | 1 for each 2 students |
Hospitals | 1 for each bed |
Indoor swimming pool or natatorium | 1 for each 5-person capacity (1 person/1,000 gallons of pool capacity) plus 1 for each 4 seats or 30 sq. ft. of seating floor area |
Indoor sales exclusively of motor vehicles, aircraft, watercraft, lumber, plants and furniture | 1 for each 1,000 sq. ft. of sales area |
Libraries, museums or art galleries | 1 for each 500 sq. ft. of gross floor area |
Manufacturing, warehousing, wholesaling, or similar establishments | For buildings 1,000,000 sq. ft. and less, 1 per 2,500 sq. ft. of gross building area, for buildings 1,00,001 sq. ft. and greater, 1 per 3,000 sq. ft. of gross building area |
Medical and dental offices and clinics | 1 for each 200 sq. ft. of gross floor area |
Miniature golf course | 2 spaces for each hole plus 1 for each 2 employees on combined work shifts |
Motels and hotels (not including restaurant facilities) | 1 for each living or sleeping unit plus space for supplementary uses |
Multi-family residential | 2 for each dwelling unit |
Outdoor display and sales | 1 for each 1,000 sq. ft. of display area |
Outdoor swimming pool | 1 for each 5-person capacity (1 person/500 gallons) plus space for supplementary uses |
Personal services such as barber shop or beauty shop | 1 space for every chair |
Personal and consumer services not elsewhere specified | 1 for each employee plus 1 for each 400 square feet of office space |
Recreational uses not elsewhere specified | 1 for each 3 patrons |
Restaurants and bars | 1 for each 100 sq. ft. of gross floor area |
Retail sales or services not elsewhere specified | 3 for first 1,000 sq. ft. plus 1 for each additional 500 sq. ft. of gross floor area |
Sanitariums, convalescent homes, children's homes | 1 for each 2 beds |
Service-related uses such as printing or plumbing shops | 1 for each 2 employees plus 1 for every 2 vehicles used for service or delivery |
Shopping centers including supermarkets | 3 for each 1,000 sq. ft. of gross floor area |
Sports arenas, auditoriums, theaters, assembly halls, churches, or similar place with fixed seating | 1 for each 4 seats |
Video rental store | 1 for each 300 square feet of gross floor area |
(c) Where two or more uses are provided on the same lot, including principal and supplementary uses, the total number of spaces required shall equal or exceed the sum of their individual requirements.
(d) The calculation of parking spaces shall be to the next highest whole number where a fractional space results.
(e) Whenever a building or use is constructed or enlarged in gross floor area, by number of employees, by number of dwelling units, by seating capacity or otherwise after the effective date of this Zoning Code such as to create a requirement under this chapter for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.
(Ord. 2021-44, passed 12-6-2021)
§ 1185.03 DEVELOPMENT STANDARDS.
Every parcel of land hereafter used as a public or private off-street parking area, including a commercial parking lot and automobile or trailer sales lot, shall be developed and maintained in accordance with the following requirements:
(a) Minimum Distance. No part of any parking area for more than five vehicles shall be closer than 20 feet to any dwelling unit, school, hospital or other institution for human care located on an abutting or adjoining lot, unless separated by a solid wood privacy fence or other approved constructed screen of between four and six feet in height.
(b) Location Relative to Use. Off-street parking facilities shall be located on the same lot as the structure or use served, except that a parking facility providing the sum of parking space required of several uses may be provided contiguous and in common to the several structures and uses served. Parking spaces may be located on a lot other than that containing the principal use provided it is within 300 feet of the principal use, with the approval of Council, and subject to meeting all applicable requirements of this Zoning Code.
(c) Parking Lot Layout. Whenever a parking lot extends to a property line or where the extension of a vehicle beyond the front line of the parking space would interfere with drive or aisle access, wheel blocks or other devices shall be used to restrict such extension.
(d) Surfacing. All off-street parking areas shall be graded for proper drainage and surfaced with concrete, asphalt concrete, premixed asphalt pavement, blacktop, or brick so as to provide a durable and dustless surface. Off-street parking area designs shall be reviewed and approved by the Municipal Engineer prior to issuance of a certificate of zoning compliance.
(e) Illumination. Any parking lot intended to be used during non-daylight hours shall be illuminated. Illumination of parking lots shall be so arranged as to reflect light away from adjacent properties and shall provide not less than two and one-half foot candles at the paved surface.
(f) Vehicular Access. All parking areas shall be provided with direct vehicular access to a street or alley abutting the property upon which the parking area is provided or to an adjacent parking area.
(Ord. 2020-10, passed 6-15-2020)
§ 1185.04 ACCESS DRIVES.
The frequency of access points along thoroughfares in Commercial Point is to be minimized to reduce vehicle and pedestrian conflict and improve traffic flow. Access drives (driveways) leading to and from a street shall be developed according to the following standards:
(a) Width. An access drive serving a single family residence shall be a minimum of ten feet in width. Access drive entrances at a street shall be a minimum of 18 feet in width. All access drives shall not exceed 25 feet in width, except at curb returns.
(b) Spacing. The following standards shall apply to determining the permitted spacing of access drives. Street classifications are based upon the municipal thoroughfare plan, as amended, and interpretation by the Municipal Engineer relative to street classification.
(1) For all arterials and collectors, the following minimum spacing related to the posted speed limit shall be required between adjacent access drives:
POSTED HIGHWAY SPEED (mph) | MINIMUM SPACING (feet) |
25 | 150 |
30 | 150 |
35 | 300 |
40 | 300 |
45 | 600 |
50 | 600 |
(2) For non-residential uses on local streets, the minimum distance between access drives shall be 25 feet.
(3) For all arterials, access drives shall be located no closer than 300 feet to an intersection.
(c) Side Lot Lines. An access drive, exclusive of curb returns, shall be located no less than ten feet from the side lot line, except that an access drive for a residential use may be within three feet of a side lot line. Access drives for any uses utilizing a common drive may be adjacent to and coterminous with a side lot line.
(d) Quantity Permitted. The number of access drives shall be kept to a minimum to promote safe and reasonable access, improve the convenience and ease of movement of travelers, and permit reasonable speeds and economy of travel while maintaining roadway capacity. For lots with less than 200 feet of frontage on public right(s)-of-way and with less than five acres in total area, no more than two access drives shall be permitted. For lots with more than 200 feet of road frontage on public right(s)-of-way and greater than five acres in total area, additional access drives may by permitted by Council. The spacing standards of division (b) of this section shall take precedence.
(e) Surfacing. All access driveways shall be graded for proper drainage and surfaced with concrete, asphaltic concrete, premixed asphalt pavement, blacktop, or brick so as to provide a durable and dustless surface. All access driveway aprons shall be graded for proper drainage and surfaced with concrete. Access driveway and apron designs shall be reviewed and approved by the Municipal Engineer prior to construction.
(f) Location in Easements. An access drive shall not be located in an easement unless said easement is unavoidable in the access drive's connection with a public street.
(Ord. 2020-10, passed 6-15-2020)
§ 1185.05 OFF-STREET LOADING.
(a) Classification. The loading space shall consist of a rectangular area of one of the following classes:
(1) Class A: An area at least 14 feet by 55 feet having a vertical clearance of 15 feet or more, plus adequate area for ingress and egress.
(2) Class B: An area at least 12 feet by 30 feet having a vertical distance of 15 feet or more, plus adequate area for ingress and egress.
(b) Schedule of Loading Spaces. Loading space shall be provided for retailing, wholesaling, warehousing, processing, hotel, hospital, goods display, and similar uses requiring the receipt or distribution by vehicles of material or merchandise in accordance with the following schedule:
BUILDING AREA (square feet, gross floor area) | REQUIRED CLASS |
Less than 5,000 | None unless otherwise required by Council |
5,000 to 9,999 | 1 Class A and 1 Class B or 3 Class B |
10,000 to 49,999 | 1 Class A and 1 Class B or 3 Class B, plus 1 Class A for each 10,000 sq. ft. over the first 10,000 sq. ft. of area |
More than 50,000 | 1 Class A for each 10,000 sq. ft. over the first 10,000 sq. ft. of area, plus 1 Class A for each 25,000 sq. ft. over the first 50,000 sq. ft. |
Maximum seven required Class A, unless otherwise specified by Council.
(c) Surfacing. Areas designated for off-street loading shall be surfaced with asphalt concrete or concrete and shall be graded for proper drainage. Designs shall be reviewed and approved by the Municipal Engineer prior to construction.
(Ord. 2020-10, passed 6-15-2020)
§ 1185.06 LIMITATIONS IN RESIDENTIAL DISTRICTS.
The provision of parking space, either open or enclosed, for the parking or storage of vehicles in a residential zoning district or planned district for residential uses shall be subject to the following:
(a) Commercial Vehicles. Not more than one truck limited to being a two-axle, four-tired pickup, panel or light truck and which has operating characteristics similar to those of a passenger car shall be allowed per one dwelling unit. Trucks having dual tires on one or more axles, or having more than two axles, designed for the transportation of cargo and including tractor-trucks, trailers, and semi-trailers, shall not be permitted on a lot or parked on a street or alley in a residential area.
(b) Parking of Semi-Trailers, Travel Trailers, or Other Trailer or Motor Home. The parking of recreational equipment, including but not limited to travel trailers, motor homes, pickup campers, folding tent trailers, boats or boat trailers, and other similar recreational equipment, semi-trailers, travel trailers, or other trailers or motor homes shall not be permitted on any street within Commercial Point, other than for the purpose of loading or unloading. When parked on property in a residential district for the purpose of loading or unloading, travel trailers, motor homes, boats or boat trailers, and other similar recreational vehicles shall not exceed a loading or unloading time of 72 consecutive hours. Such recreational equipment shall not be stored in any residential district unless located within an enclosed structure or, if stored outside, unless all of the following requirements are satisfied:
(1) Such recreational equipment shall be stored behind the building line and shall not be stored within a required side yard or within ten feet of the rear property line.
(2) Not more than one piece of recreational equipment shall be permitted to be stored outside on a parcel containing a single family or two-family dwelling. All recreational vehicles must be registered and licensed (if applicable) to the resident of the property on which the items are parked or stored. For the purposes of this chapter, a boat stored on a boat trailer shall be deemed one piece of recreational equipment. For multi-family uses, an area to accommodate not more than one piece of recreational equipment for each 15 dwelling units shall be provided and meet the screening requirements herein.
(3) All recreational equipment stored outside shall be screened from view from all contiguous dwellings and public right-of-ways by suitable screening. Screening shall consist of walls, fences, natural vegetation or any combination thereof acceptable to the Planning and Zoning Administrator and with an opacity of no less than 75%. Screening shall meet the requirements of § 1181.07. Landscaping provided in lieu of such wall or fence shall consist of dense evergreen bushes. All landscaping material shall be maintained in proper and healthful condition. Property owners shall maintain landscaped areas for a proper, neat, and orderly appearance and free from refuse and debris.
(4) Recreational equipment shall not be occupied or used for living, sleeping, housekeeping, storage, or business purposes.
(c) Inoperable Vehicles. Requirements regarding inoperable vehicles are found in the Codified Ordinances of Commercial Point, Part Six, General Offences Code § 660.07.
(d) Garages Required. Garages shall be required in all residential districts subject to the following standards:
(1) For all single-family dwellings of 1,100 square feet or greater and for each unit of all duplexes at least one of the required spaces shall be in a completely enclosed garage.
(2) For multi-family dwellings, at least one space shall be provided in a completely enclosed garage for each dwelling unit provided.
(Ord. 2020-10, passed 6-15-2020)
§ 1185.07 COMMERCIAL PARKING IN RESIDENTIAL AREAS.
(a) Employee/client parking to serve commercial, office or industrial enterprises may be permitted in residential districts with the approval of Council provided that:
(1) The area to be used for parking shall directly abut the land zoned for commercial, office or industrial uses; and
(2) The residentially zoned land used for such parking shall not contain any dwellings; and
(3) That such parking is for passenger vehicles only. This does not include busses, semi-trucks, or other commercial vehicles.
(b) In granting such approval Council shall require a site plan of the proposed parking area including required landscaping, buffering and screening, landscaping, or buffering as it deems necessary to minimize the impact on adjoining properties.
(c) Council shall review all such requests subject to Chapter 1145.
(Ord. 2020-10, passed 6-15-2020)
§ 1187.01 PURPOSE.
The purpose of these provisions is to allow where appropriate limited, non-residential activities in residential structures that are compatible with the neighborhoods in which such structures and related home occupation activities are located. The standards provided for herein are intended to ensure compatibility of home occupations with other permitted uses and with the residential character of the neighborhood. A zoning permit fee of twenty-five dollars ($25.00) is required.
(Ord. 2020-10, passed 6-15-2020)
§ 1187.02 PERMITTED USE.
A home occupation use shall be permitted within a dwelling unit provided the occupation does not occupy more than 20% of the gross floor area or 200 square feet of the dwelling unit, whichever is larger, and provided the following criteria are met.
(a) Requirements. The following requirements shall apply to permitted home occupation uses:
(1) The home occupation shall only be conducted within a principal structure and shall not be conducted within an accessory use or structure.
(2) The external appearance of the principal structure or property shall not be altered and the home occupation within the residence shall not be conducted in a manner which would cause the premises to differ in any way.
(3) No more than one non-resident employee shall be engaged in such home occupation.
(4) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or televisions receivers off the premises, or causes fluctuations in line voltage off the premises.
(5) There shall only be limited sales on the premises of goods produced on the premises.
(6) There shall be no external indication of such home occupation other than one sign, controlled by the sign regulations in this Zoning Code under Chapter 1189.
(7) There shall be no outside storage of any kind related to such home occupation.
(8) Specialized tutoring or instruction shall be limited to one individual in the principal structure during said tutoring or instruction.
(9) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as to use as specified under Chapter 1185, and shall not be located in front of the building line.
(Ord. 2020-10, passed 6-15-2020)
§ 1187.03 CONDITIONAL USE.
It is recognized that there may exist certain home occupations that fail to meet the criteria of § 1187.02, but which may be appropriate for a residential area provided the following additional criteria are met through the conditional use procedure of Chapter 1145 including the requirements therein.
(a) Requirements. Home occupation conditional uses shall be limited by the following criteria and/or any other conditions as determined by Council in order to protect the residential character of the subject area:
(1) There shall be no more than three non-resident employees.
(2) The conduct of the home occupation may be approved within a structure accessory to the principal structure.
(3) Sales of commodities not produced on the premises may be permitted provided such commodities are specified and approved as a part of the application for a conditional use, provided Council determines that such sales will not become a detriment to the existing residential character of the lot or neighborhood through a resulting increase in traffic, noise, vibration, glare, fumes, odors or electrical interference or any other factor resulting in an adverse impact.
(4) Organized instruction may be permitted provided the class size does not exceed six pupils during any one period of instruction, provided Council determines that such organized instruction will not become a detriment to the existing residential character of the lot or neighborhood through a resulting increase in traffic, on-street parking, or any other factor resulting in an adverse impact.
(5) No outside storage of any kind associated with a home occupation conditional use shall be permitted unless it is totally screened from the adjacent residential lots and the abutting street(s).
(6) The off-street parking requirements of Chapter 1185 apply and such off- street parking area shall not be located in front of the building line.
(b) Validity. For the purposes of this Zoning Code, a home occupation conditional use ceases to be valid once the premises used for the home occupation is no longer occupied by the holder of the certificate of zoning compliance or upon the conduct of a home occupation in a manner not approved by Council.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.01 PERMIT REQUIRED.
(a) Except as provided in § 1189.02, no display sign, whether permanent or temporary, shall hereafter be erected, constructed or maintained within the limits of Commercial Point by any person, firm or corporation until a permit for the same has been issued by the Planning and Zoning Administrator.
(b) The Planning and Zoning Administrator shall grant a sign permit that meets the requirements of this chapter upon written application, accompanied by a scale drawing of the proposed sign(s) showing its design, color and materials, and a site drawing showing its proposed location. A sign permit fee, as stipulated by ordinance, shall be paid by the property owner or applicant payable to the General Fund.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.02 SIGNS ALLOWED WITHOUT A PERMIT.
A permit shall not be required for the following signs:
(a) The flag, pennants or insignia of any nation, state, municipality, or other political unit or jurisdiction.
(b) Cornerstones, commemorative tablets and historical signs, not to exceed ten square feet in area.
(c) Signs bearing only residential property address or names of occupants of residential premises, not to exceed one square foot in area. Signs bearing only non-residential street number, not to exceed one square foot in area.
(d) One wall sign on or over a show window or door of a store or business establishment, announcing only the name of proprietor and the nature of the business, not to exceed three square feet in area.
(e) Real estate for sale, sold, rental or lease signs limited to no more than eight square feet in area, no more than six feet in height, and with one sign per lot. Sold signs may be posted for a period not to exceed ten calendar days. A maximum of three off-premise directional signs shall be permitted in conjunction with an open house, not to exceed 48 consecutive hours and eight total days per month. During the hours of the open house, one additional sign indicating that the house is open will be permitted on the property. For property with a lot size exceeding 20 acres, real estate for sale, sold, rental or lease signs are permitted to be a maximum of 32 square feet in area for any one display area with a total display area not to exceed 64 square feet and no more than eight feet in height.
(f) Signs for the civic promotion of schools, church, or community service activities which may be displayed for a maximum of 30 calendar days.
(g) Flags, signs and sources of illumination clearly in the nature of decorations customarily associated with any national, state, local or religious holiday, and containing no advertisement.
(h) Traffic directional signs indicating points of entry or exit to off-street parking, provided such signs are not larger than four square feet in area. Such signs shall not be located in a public right-of-way and shall not obstruct the view of motorists for the purposes of ingress and egress.
(i) Window signs not larger than 25% of the aggregate window area. For uses that are located in the second or higher floors of a building, window signs shall meet the requirements of this section.
(j) One sandwich board sign not to exceed four feet in height as measured from the sidewalk and shall not exceed three feet in width per side. Such signs shall be limited to three colors, shall be displayed only during daylight hours and shall not be located on a sidewalk less than seven feet in width. Damage to sandwich signs and any liability shall be the responsibility of the owner. Sandwich boards shall be placed on or at the sidewalk in front of the relevant business in such a way as to leave at least four feet to allow for passage.
(k) Personal property "For Sale" signs limited to one per residential dwelling, not to exceed four square feet in area and four feet in height, and posted not more than three consecutive days. Off-premises directional signs shall be permitted for a single 48 hour period.
(l) Home occupation uses may provide one on-premises wall sign not to exceed one square foot in area and not to exceed six feet in height. As a part of a conditional use application, signage shall be considered by Council as a part of the approval process.
(m) A maximum of two directional signs for any bona fide church, religious sect or congregation located within the corporate boundaries of Commercial Point shall be permitted provided that such signs do not exceed four square feet in area, do not exceed six square feet in height and are located outside a public right-of-way.
(n) A sign(s) located inside a building, whether or not the same are visible from the exterior.
(o) Signs of a duly constituted government body.
(p) Banners, ribbons, pennants and streamers may be installed as part of window signs provided
such elements are displayed for a period of not longer than 30 calendar days.
(q) Elevated signs posted to indicate special parking locations for the handicapped, imprinted with the international symbol of accessibility.
(r) Flags, pennants, or insignia of any educational institution.
(s) Signs pertaining to political parties, candidates, elections, or ballot issues.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.03 ALTERATIONS.
No display sign shall hereafter be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this chapter. The repainting of signs shall not be deemed to be an alteration within the meaning of this Zoning Code.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.04 EXISTING SIGNS; CONTINUANCE.
Except as otherwise specifically provided, nothing in this chapter shall require removal or discontinuance of an existing on-premises or existing off-premises sign. Such signs shall not be enlarged or extended and the same shall be deemed a nonconforming sign under the terms of this Zoning Code.
(a) Outdoor advertising signs shall be limited to signs pertaining to advertising exclusively for the use established or goods sold or services rendered on the premises.
(b) Colors. Not more than three primary colors and two accent colors may be used on the sign or signs for any one building. Different shades of a color shall be treated as one color for the purpose of this requirement.
(c) Illumination and Eye-Catching Devices. All signs and advertising structures may be illuminated internally or by reflected light provided the source of light is not directly visible and is so arranged as to reflect away from the adjoining properties and provided that such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic control signals or signs. Illuminated signs within a residential district shall have the light pattern confined to the premises. Display signs illuminated by electricity or equipped in anyway with electric devices or appliances shall conform with respect to wiring and appliances to the provisions of the ordinances relating to electric installations. Any external electric supply lines shall be brought to the sign by underground supply.
(d) Wall Signs. All wall signs shall be mounted on the building which houses the business establishment advertised by said signs, shall be located on or along a wall of such building which faces a street, parking lot or service drive, and shall not project above the roof line or the cap of parapets of such building, whichever is higher. No wall sign shall project above the wall to which it is attached.
(1) All wall signs in shopping centers shall be parallel to the wall on which they are installed, and shall be as nearly flush with such wall as is practical, it being hereby intended to limit signs projecting outward from the wall. Wall signs to be erected, other than in shopping centers, projecting outward from the wall at right angles or otherwise over public streets or sidewalks shall not exceed eight square feet. Each zoning certificate issued for the erection or maintenance of a new or existing wall sign over a public street or sidewalk shall contain a condition that the certificate holder furnish a bond set by Council to hold the municipality harmless from any liability for injury to third persons.
(2) No part of any wall sign shall be less than eight feet above the sidewalk or ground level, if such wall sign projects forward off the wall on which it is mounted to such an extent as to constitute a hazard or inconvenience to pedestrian or vehicular traffic. No part of any wall sign shall be closer to either end of the building face (including any wall extension) on which it is erected than 18 inches. Where more than one wall sign is erected on the same face of a building, there shall be a distance of at least three feet between said signs.
(3) The aggregate sign area or display surface of all exterior wall signs of every nature shall not exceed one square foot for every two feet of linear building perimeter. The total wall sign area of any building may not exceed 400 square feet. The total wall sign area on any one side of a building shall not exceed 40% of the allowable area for the entire building as computed in accordance with the foregoing rules.
(4) In the case any side of a non-residential property is adjacent to a residential district, a wall sign shall not be located on the side of the building to which the nearest said residential district is less than 150 feet.
(e) Free Standing and Monument Signs. All free standing and monument signs shall meets the following requirements:
(1) The maximum height thereof does not exceed eight feet above the average grade of the site when the sign is located 15 feet from the primary frontage street right-of-way line. For each additional three feet setback from the street right-of-way line, an additional one foot in height will be permitted for a freestanding sign up to a maximum of 20 feet high.
(2) The total display area of all surfaces does not exceed 15 square feet when the sign is located 15 feet from the primary frontage street right-of-way line. For each additional one foot setback from the street right-of-way line, an additional three square feet of display area will be permitted for the sign up to a maximum of 64 square feet.
(3) The display area of any one surface of the sign does not exceed 32 square feet.
(4) No part of the sign may be located closer to any street right-of-way line than 15 feet, nor closer to any other property line than the applicable building setback line, if the adjoining property is in a residential district.
(5) The sign will be in harmony with the building on the site, and will not detract from the appearance of the general neighborhood in which it is located or adversely affect property values in such neighborhood.
(6) The sign will not constitute a traffic hazard or contribute to traffic problems through confusion with traffic control devices, interference with the field of vision of motorists using streets or driveways in the area, or by creating a visual distraction for such motorists. In making a determination, the Planning and Zoning Administrator shall take into consideration all pertinent factors relating to the compatibility of such sign with the surrounding neighborhood, including, but not limited to, its size, shape, color, brightness, design and its general appearance.
(7) Not more than one free standing or monument sign may be authorized for any one business establishment. Where more than one business establishment is located on a single tract of land, having an entrance or entrances or parking area or areas used in common by the customers of such establishments, only one free standing or monument sign may be authorized for the entire tract. The existence and boundaries of such tract shall be determined by community use, rather than by the ownership thereof, it being intended by this provision to limit each shopping center or similar joint operation to one free standing or monument sign, except in the case of a shopping center which is contiguous to two streets which do not intersect each other at a point adjacent to such shopping center, in which case, one free standing or monument sign, fronting on each street, may be authorized. Such signs used for identification of joint activities shall comply with the provisions of comprehensive development signage as indicated in this section.
(f) Comprehensive Development Signage. Comprehensive development signage requires the approval of Council before a sign permit may be issued by the Planning and Zoning Administrator, pending compliance with all applicable sections of this Zoning Code. For the purposes of these sign regulations, comprehensive development signage shall be considered appropriate in the following categories:
(1) Comprehensive on-site sign system. A comprehensive on-site system may be authorized by Council, provided that a written set of graphic design criteria regulation provided by the applicant and applying to present and all future development are approved by Council, a copy of a standard contractual signage agreement is approved by Council, any changes to the approved system require approval by Council as a conditional use, and meeting the following requirements:
A. One joint identification free standing sign not to exceed 80 square feet in area and 20 feet in height, and meeting a minimum setback of 15 feet from all right(s)-of-way. Such sign may list individual uses and serve as a means of identification of the center of development.
B. One wall sign shall be permitted for each individual use not to exceed one square foot for every lineal foot of the building width of each individual use that fronts any shopping center drive or parking area, not to exceed 30 square feet in sign area. (This shall not prohibit a sign as permitted in § 1189.02(d).)
C. No free standing signs other than one joint identification sign shall be permitted within the development.
(2) Single-family subdivision and multi-family development signs. Major permanent entrance features indicating the project entrance(s) to a single-family subdivision may be authorized by Council. Up to two entrance features are permitted at each subdivision entrance. Such feature should include a free standing sign mounted on a constructed base and supported from substantial construction. Each sign shall not exceed 20 square feet and shall be a maximum five feet in height. The constructed base, and the sign mounted within, shall be a maximum of six total feet in height, shall not exceed 40 square feet, and shall not be located closer than 15 feet from the closest right-of-way and no closer to any property line than the applicable building setback requirement if the adjoining property is in a residential zoning district.
(g) Directional Signs. Traffic directional signs indicating points of entry or exit to off-street parking, provided such signs are not larger than five square feet in area per display surface. Such signs may not have more than two display surfaces. Such signs may not be greater than three and one-half feet in height. Such signs shall not be located in a public right-of-way and shall not obstruct the view of motorists for the purposes of ingress and egress.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.05 PROHIBITED SIGNS.
The following signs and types of signs shall be prohibited in Commercial Point:
(a) No display signs except those exempted in § 1189.02, church sign, comprehensive subdivision type signage, and temporary signs shall be permitted in any residential district, excluding parcels occupied by commercial uses in PRD.
(b) Signs shall not be placed within any public right-of-way.
(c) Flashing, moving, rotating, intermittently lighted signs or other mechanical devices.
(d) Roof signs.
(e) Electronic variable message signs and portions of signs, and reader boards (not including "time and temperature" signs). Electronic variable message signs may be approved as a conditional use for institutional uses where the building, structure or land is used for public purpose.
(f) Billboards and all off-premises signs except for church and institutional directional signs provided for in § 1189.06, personal property "For Sale" signs, and special event signs provided for in § 1189.07(c).
(g) Any sign not included under the types of signs permitted in any district regulations or in this chapter.
(h) Any sign in a non-residential district within 150 feet of an abutting residential district in which the sign faces.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.06 CHURCH AND INSTITUTIONAL DIRECTIONAL SIGNS.
Any bona fide church, religious sect or congregation, or other public institution such as a school or hospital and which is located in Commercial Point may erect signage subject to the following requirements:
(a) Directional Signs. Not more than three directional signs may be erected in Commercial Point provided the following requirements are met:
(1) Signs are not located within the public right-of-way.
(2) All church signs shall be of uniform design, size and construction as specified by Council.
(3) The church or institution shall secure in writing permission from the owner of the property on which such signs shall be located. Such permission shall be filed with the Planning and Zoning Administrator who will issue the required sign permit upon authorization by Council.
(4) No sign shall exceed four square feet in area nor shall it exceed six feet in height.
(b) Church and Institutional Bulletin Board. Any bona fide church, religious sect or congregation, community center or public or semi-public similar institutional use may erect and maintain for their own use a bulletin board or announcement sign not over 12 square feet in area located on the same premises upon which such use is located. If not attached flat against a building, such sign shall be at least 12 feet from all street right-of-way lines.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.07 TEMPORARY SIGNS.
A sign permit shall be issued by the Planning and Zoning Administrator prior to the erection or construction of any temporary sign. No sign shall contain more than two faces. The maximum square footage allowed for a temporary sign shall apply to each face.
(a) Subdivision Signs. Signs advertising the sale of platted lots in a subdivision may be erected and displayed in such subdivision provided that not more than one such sign facing on any one street shall be permitted in any subdivision. Such signs may also be used to advertise the sale or lease of multi-family units or store or office space in a commercial development, however, such signs shall not be utilized to advertise the sale, lease or development of land. Such signs shall be limited to 24 square feet in area, be not more than eight feet in height and be located not closer than 15 feet from any public right-of-way. Such signs shall be permitted for a one year period if ownership of a minimum of 60% of the platted lots are transferred.
(b) Banner Signs. Banner signs may be installed subject to the following requirements:
(1) That the size of the banner shall not exceed 40 square feet.
(2) That a banner sign may only be displayed for a period not to exceed 30 calendar days in any calendar quarter, and no more than four times per calendar year.
(3) That a banner sign shall not be displayed above the roof line of any structure.
(4) That a banner sign shall not have more than three colors. For the purpose of this section, black and white shall be considered colors.
(5) For the purpose of this section, representations of any flag or national, state or local emblem shall be considered as part of the banner sign and not exempt as permitted under § 1189.02 (a) or (g).
(6) Each property or establishment shall be permitted one banner sign permit per year.
(7) Each property or business establishment shall display only one banner sign at a time.
(8) All banner signs shall be safely secured to the primary structure on the property.
(c) Special Event Signs. Special event signs shall be defined as signs which are used to present knowledge regarding some special event of community importance such as a community festival. Such signs shall be considered as temporary signs, must be authorized by the Planning and Zoning Administrator before erection and are subject to the following requirements:
(1) Not more than two such signs regarding the same topic shall be erected at any given time and located no closer than 1,000 feet from each other.
(2) Not more than four special event signs shall be permitted at any given time regardless of topic.
(3) No more than three colors shall be included on such sign(s). For the purposes of this section, black and white shall be considered colors.
(4) Where such signs are proposed to be located in or above a public right-of-way, no solid portion of the sign shall be located within 15 feet horizontally of any vehicular pavement not less than 18 feet above such pavement, or not within ten feet horizontally of any sidewalk nor less than 12 feet above such sidewalk. No fastening or tying device shall be located within ten feet horizontally of any vehicular pavement nor less than 15 feet above such pavement, or not within five feet horizontally of any sidewalk nor less than ten feet above such sidewalk.
(5) Such signs shall not be illuminated.
(6) Such signs shall not be displayed for a period more than 30 calendar days before the event and shall be removed within 48 hours after the event if located in any public right-of-way or within five calendar days if located elsewhere.
(7) Flexible type signs such as banners shall be provided with internal air vents to adequately relieve wind pressure.
Each temporary sign permit issued for the erection or maintenance of any sign located over a public street or sidewalk shall contain a condition that the permit holder furnishes a bond set by Council to hold the municipality harmless from liability for injury to third persons.
(d) Portable Signs. Portable signs shall be limited to unlighted signs and shall be permitted for not more than two weeks per year for each business. Such signs shall be not more than four feet high and not more than eight feet wide and mounted such that the overall height is not greater than seven feet above the ground. Portable signs shall not be located in any right-of-way and shall be located such that they do not obstruct the view of motorists for the purposes of ingress and egress.
(e) A sign announcing the names of contractors, material men, developers and financial institutions participating in the construction of a building or announcing the name and nature of the business or development shall be permitted only during the actual time of construction. Only one sign per building is permitted, the sign shall not exceed 20 square feet in area for a residential project and 32 square feet for a non-residential project, shall not exceed four feet in height for a residential project and ten feet in height for a non-residential project, and shall be located no closer than 15 feet from any public right-of-way. Such signs shall be removed within 30 calendar days after the certificate of occupancy is issued.
(f) Air Actuated Attraction Devices. Devices used to attract the attention of the public which are either air filled or air floating shall be regulated as temporary signs. Such devices shall be permitted for not more than two weeks per year for each business. Such devices shall be not more than 30 feet in height above the ground and located such that the device is at least the divided height from any public right-of-way, lot lines, or overhead utility lines and fastened in such a manner that the device shall not shift more than three feet horizontally under any wind condition.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.08 MISCELLANEOUS PROVISIONS.
(a) Applicability of this Chapter. The provisions of this chapter shall apply to all advertising or display signs of every nature, whether portable or attached to the realty, except as otherwise provided herein, either specifically or by necessary implication.
(b) Attachment of Signs to Other Structures. No display or advertising sign shall be attached to the standards of a free standing sign, other than the display surface originally constructed as a part of such sign. The standard of the free standing sign shall be finished in only one color. No display or advertising sign shall be attached to or painted or otherwise displayed on a light standard, gasoline pump, fence, wall, post or other structure, or to any portable supporting device, except as specifically authorized by this chapter.
(c) Bed and Breakfast Inns. One on-premises sign shall be permitted for each bed and breakfast inn. Such sign shall not exceed six square feet in display area per side and shall not exceed four feet in height. A wall sign shall not exceed six square feet in area and shall not exceed eight feet in height. Wall signs shall not be roof mounted and shall not extend above the eave. Such signs shall not be internally illuminated.
(d) State Routes 104 and 762 Corridor Sign District. For commercial, suburban office and institutional and limited manufacturing zoned properties abutting state routes, the following standards for freestanding signs located in that yard area between state routes and the principal structure apply:
(1) Corridor defined: The state routes corridors shall be defined as those properties directly abutting the state routes right-of-way, and shall not include approaches or ramps. This corridor is intended to serve those abutting properties with sign visibility on state routes and is not intended to serve any other right-of-way.
(2) The minimum height thereof does not exceed five feet above the average grade of the site when the sign is located 15 feet from state route right-of-way lines.
(3) The distance the sign is located from any other right-of-way must equal or exceed the distance the sign is located from the state route.
(4) A limit of two display surfaces.
(5) The total display area of all surfaces does not exceed 20 square feet when the sign is located 15 feet from the right-of-way line. For each additional one foot setback from State Route 104 or 762 right-of-way line, an additional three square feet of display area will be permitted up to a maximum of 128 square feet.
(6) The display area of any one surface does not exceed 32 square feet.
(7) Not more than three colors are used. For the purpose of this section, black and white shall be considered colors.
(8) No part of such sign shall be located closer to any street or right-of-way line than 15 feet, nor closer to any other property line than the applicable building setback line.
(9) Such sign will be in harmony with the building on the site, and will not detract from the appearance of the general neighborhood in which it is located or adversely affect property values in such neighborhood.
(10) Such sign will not constitute a traffic hazard or contribute to traffic problem through confusion with traffic control devices, interference with the field of vision of motorists using streets of driveways in the area, or by creating a visual distraction for such motorists.
(11) Certain temporary signs meeting the location definition provided above shall be subject to the following:
A. Shall meet all size, setback and other criteria as set forth in divisions (d)(2) through (10) above.
B. The location of any sign on a site not containing a structure shall clearly be oriented toward the state route.
C. A temporary sign permit may be issued for a period not to exceed two years and shall conform to the following table:
TYPE OF SIGN
| TIME LIMIT (calendar days) |
Construction | Thirty days from issuance of certificate of occupancy |
Real estate | Ten days from date of sale |
Subdivision identification | One year or after 60% of lots are sold, whichever occurs first |
(12) All other requirements of this Zoning Code shall apply to this district.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.09 MAINTENANCE.
(a) Duty to Keep in Good Repair. The owner of a sign and the owner of the realty upon which the sign is located shall each have the duty to keep such a sign in a state of good repair and to see that the sign is not permitted to deteriorate or fall into disrepair to such an extent that it becomes dangerous or unsightly. Visible rot or rust, falling parts, or broken parts shall be prima facia evidence that a sign is not in a state of good repair.
(b) Notice to Repair. When the Planning and Zoning Administrator determines that such a sign exists in a state of disrepair, the Planning and Zoning Administrator shall issue to the owner of the sign and the owner of the real estate a notice of such disrepair and the need for corrective action.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.10 ABANDONED.
(a) Abandonment Defined. If any sign shall become abandoned, in a manner defined herein, such sign is declared a public nuisance by reason that continued lack of use results in lack of reasonable and adequate maintenance, thereby causing deterioration and creating a blighting influence on nearby properties. An abandoned sign shall be any sign that meets any of the following conditions:
(1) Any sign associated with the abandoned nonconforming use.
(2) Any sign that remains after the termination of a business. A business shall be considered terminated if it has ceased operations for at least 180 consecutive days. Seasonal businesses are exempted from this determination.
(3) Any sign that is not maintained in accordance with § 1189.09.
(b) Determination of Abandonment. When the Planning and Zoning Administrator finds, upon investigation, that a sign has been abandoned, the Planning and Zoning Administrator shall notify the owner of said sign and the owner of the property upon which such sign is located, of any findings, in accordance with § 1137.07. Such notice shall advise the owner of the sign that said sign has been declared abandoned and must be removed within 30 calendar days from the date of mailing of said notice. The owner of the sign or the owner of the property may appeal such decision to Council as provided in § 1135.04(c). The Planning and Zoning Administrator shall maintain a photograph of said sign along with a written report of any finding in a permanent file.
(c) Right to Remove. If the sign is not removed as ordered, the same may be removed by the municipality at the expense of the lessee or owner. If the municipality is not reimbursed for the cost of removal within 30 calendar days of such removal, the amount thereof shall be certified to the County Auditor for collection as a special assessment against the property upon which such sign is located.
(Ord. 2020-10, passed 6-15-2020)
§ 1189.11 VIOLATIONS, PENALTIES AND REMEDIES.
Any person, firm or corporation violating any requirement or prohibition of this chapter shall be considered in violation of this Zoning Code. Failure to comply within 30 calendar days of receipt of notification of violation, unless extended by the Planning and Zoning Administrator, shall render such person, firm or corporation subject to the penalties provided in § 1135.12.
(Ord. 2020-10, passed 6-15-2020)
§ 1191.01 PURPOSE AND DEFINITIONS.
(a) Purpose. The purpose and intent of this chapter is the preservation and promotion of landscaping as a suitable and necessary aspect of land development, as a component of municipal development character, as an important beneficial element of the microclimate through the provision of shade and as buffers, and to promote the public health, safety and general welfare. It is further the purpose of this chapter to promote the preservation and, when necessary, replacement of major trees removed in the course of land development, to promote the proper utilization of landscaping as a buffer between certain land uses to minimize conflicts, and to protect, preserve and promote the character of the municipality.
(b) Definitions.
CALIPER. The caliper of a tree shall be measured at six inches above grade. For this chapter the term "caliper" only applies to new trees.
DIAMETER BREAST HEIGHT (dbh). The dbh of a tree shall be measured at four and one-half feet above ground level. For this chapter the term "diameter breast height (dbh)” only applies to existing trees.
MAJOR TREE. For the purposes of this section, a major tree is defined by having a diameter breast height of six inches or greater.
WOODLANDS. For the purposes of this section, a woodland is an area of trees and unique site characteristic that is located on any undeveloped parcel of property within Commercial Point.
(Ord. 2021-20, passed 7-19-2021)
§ 1191.02 PRESERVATION OF TREES AND WOODED AREAS.
(a) All major trees shall be preserved unless exempted as follows:
(1) An existing tree will be located within a public right-of-way or easement.
(2) An existing tree is located within the area to be covered by a proposed structure or within 12 feet from the perimeter of such structure(s) and such structure(s) cannot be located in a manner to avoid removal of an existing tree at the same time permitting desirable, logical and appropriate development of the lot.
(3) An existing tree will be located within a proposed driveway designed to service a single-family home.
(4) An existing tree is damaged, diseased or a safety hazard.
(5) The tree is an undesirable species in its present condition.
(6) Established single-family lots shall be exempt from this section, however; new subdivision development of single-family lots shall not be exempt.
(b) When preparing and reviewing subdivision plans and landscape plans, good faith effort shall be made to preserve natural vegetation areas. Streets, lots, structures and parking areas shall be laid out to avoid the unnecessary destruction of wooded areas or outstanding tree specimens. Developers of land are encouraged to designate wooded areas as park reserves.
(c) Significant Trees. All significant trees shall be protected and preserved to ensure that the value provided to Commercial Point and its citizens by the cultural, historical, biological, or horticultural significance of any tree is continued into the future.
(Ord. 2021-20, passed 7-19-2021)
§ 1191.03 TREE REPLACEMENT.
(a) Major Tree Replacement. During the course of development of a single lot or a subdivision, including woodlands, the developer or owner shall be required to replace major trees removed pursuant to § 1191.02 in accordance with the following schedule.
Major Tree Replacement Schedule
| |
DBH | Replacement Schedule |
6 inches up to 12 inches | One-for-one |
12 inches up to 18 inches | Two-for-one |
18 inches up to 24 inches | Three-for-one |
24 inches and greater | Four-for-one |
(1) Replacements for major trees shall have a trunk diameter at planting of at least two and one-half inches caliper.
(b) Replacement Schedule for Woodlands. In addition to the provisions in division (a) of this section, the developer or owner of a woodland shall, during the course of development, be required to retain a minimum of 40% of the woodland.
(c) Where it is impractical or not feasible to replace all of the trees on the affected lot or within the affected subdivision, Council may approve one, or any combination of the following alternatives as a means of meeting the tree replacement requirements:
(1) Replace as many trees as is practical on the affected lot;
(2) Replace as many trees as is practical within this affected subdivision phase;
(3) Replace as many trees as is practical within the affected subdivision;
(4) For those trees that cannot be replaced through steps one through three above, the developer shall be required to replace the trees elsewhere in the village; or
(5) Use larger caliper replacement trees to achieve a planting of equal or greater value with fewer numbers.
(Ord. 2021-20, passed 7-19-2021)
§ 1191.04 LANDSCAPE STANDARDS.
(b) Deciduous Trees. Deciduous trees shall be species having an average mature crown spread of greater than 15 feet in Central Ohio and having trunk(s) which can be maintained with over five feet of clear wood in areas which have visibility requirements, except at vehicular use area intersections where eight foot clear wood requirements will control. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping of the same so as to create the equivalent of a 15 foot crown spread. Deciduous trees shall be a minimum of five feet in height with a minimum dbh of one and three-fourth inches at planting. Deciduous trees are recommended as appropriate for municipal environment and encouraged for use in meeting the requirements of this chapter.
(c) Evergreen Trees. Evergreen trees shall be a minimum of five feet in height with a minimum dbh of one and one-half inches at planting.
(d) Shrubs and Hedges. Shrubs and hedges shall be at least two feet in average height when planted.
(e) Earth Mounds. Earth mounds shall be physical barriers, which when planted block or screen the view just as a hedge or low wall would. Mounds shall be constructed of clean fill, top soil and similar materials, and shall be designed with proper plant material to prevent erosion and facilitate drainage. Earth mounds shall not exceed four feet in height and shall be planted completely by plant material, which may include mulching limited to the immediate base of plantings, of which no greater than 50% shall be turf.
(f) Screening Materials. Screening may consist of walls, fences, natural vegetation or a combination thereof acceptable to Council and with an opacity of no less than 75%, except where superseded under this division (f). Only masonry and brick walls or solid wood privacy fencing is permitted for built screening. Such screening shall be between four and six feet in height and shall be maintained in good condition. Landscaping provided in lieu of such wall or fence shall consist of dense evergreen bushes planted no less than four feet in height.
(g) Monoculture. Monoculture, or the extensive use of a single species of trees, shall be limited in order to minimize the potential for disease or pest to strike a particular species resulting in significant same-species loss. The following limits shall apply:
Maximum Use of Same Genus | |
Number of Trees on Site | Maximum % of Same Genus |
10 – 19 | 50% |
20 – 39 | 33% |
40 – 59 | 25% |
Over 60 | 15% |
(Ord. 2021-20, passed 7-19-2021)
§ 1191.05 DEVELOPMENT STANDARDS.
(a) Non-Residential Uses. For all new construction, building additions, or land development for which a building permit and/or zoning permit is required, the following shall apply:
(1) All non-residential uses shall provide 30 square feet of landscaped area for every 1,000 square feet of building ground coverage area, or fraction thereof. All areas of a lot not covered by buildings, structures, paving, or the landscaping required herein shall be covered by natural turf at a minimum.
(2) All commercial structures and industrial warehouse structures shall be required to plant the required minimum landscaping listed below:
Minimum Tree Planting Required per Building Size | |
Square Feet of Building | Number of Trees per Square Feet |
Up to 30,000 sq. ft. | One tree per 1,000 sq. ft. |
30,001 sq. ft. to 60,000 sq. ft. | One tree per 2,000 sq. ft. |
60,001 sq. ft. to 90,000 sq. ft. | One tree per 4,000 sq. ft. |
90,001 sq. ft. and greater | Two trees per 8,000 sq. ft. |
A. In no instance shall the number of trees required to be planted exceed 500 trees.
(3) All office uses, institutional uses, convalescent and nursing homes and child daycare facilities, shall be required to plant the required minimum landscaping listed below:
Minimum Tree Planting Required per Building Size | |
Square Feet of Building | Number of Trees per Square Feet |
Up to 30,000 sq. ft. | One tree per 1,000 sq. ft. |
30,001 sq. ft. to 60,000 sq. ft. | One tree per 1,500 sq. ft. |
60,001 sq. ft. and greater | One tree per 2,000 sq. ft. |
A. In no instance shall the number of trees required to be planted exceed 100 trees.
(b) Residential Uses. For all new construction, building additions, or land development for which a building permit and/or zoning permit is required the following shall apply:
(1) Multi-Family Perimeter Treatment. For all multi-family residential uses, a 15 foot land-scaped perimeter shall be provided where such development is adjacent to or abuts a residential zoning district or public right-of-way, excluding on-site access drives. Such landscaping shall include a combination of trees, shrubs, hedges, earth mounds, and other natural features. No more than 80% of natural landscaping material shall consist of turf.
A. Screening between multi-family developments and non-residential zoned property. Screening shall consist of walls, fences, or natural vegetation in combination with a minimum four foot mounding. Said screening shall have an opacity of no less than 50%, except where superseded under § 1191.04(f). Screening between multi-family residential and non-residential developments shall be reviewed for approval by Council. Only masonry and brick walls or solid wood privacy fencing is permitted for built screening, shall be maintained in good condition, and comply with § 1181.07. Landscaping provided in lieu of such wall or fence shall consist of dense evergreen bushes planted no less than two feet in height or evergreen trees at no more than 30 feet spacing at five feet in height at the time of planting. A minimum of one evergreen tree and four evergreen or deciduous shrubs per 1,000 square feet of landscaped area for areas in all combinations of screening materials will be planted.
B. The opacity of 50% will take into consideration existing vegetation to be preserved and shall contain at least the minimum evergreen trees and shrubs. The minimum tree shall be five feet in height with a minimum caliper of one and three-quarters inches at the time of planting. The minimum shrub shall be two feet in height at the time of planting.
(c) Existing Trees. Existing healthy trees and shrubs shall be preserved and incorporated into the overall site and landscape design to the maximum extent practical as determined by the village. Existing trees may be credited towards minimum tree planning requirements.
(l) No credit shall be given for existing preserved trees that are:
A. Not located on the actual development site;
B. Not properly protected from damage during the construction process;
C. Dead, dying, diseased, or infested with harmful insects.
(2) No new tree planting shall be required if existing trees to remain on site after development, and the aggregate trunk sizes of such trees, meet or exceed the requirements set forth above.
(d) Any combination of existing and new trees may be used to meet the requirements of this section.
(Ord. 2021-20, passed 7-19-2021)
§ 1191.06 OFF-STREET PARKING STANDARDS.
(a) Off-Street Parking Areas. Off-street parking areas for more than five vehicles shall be effectively screened on each side which abuts a residential zoning district or public right-of-way by a masonry wall or solid wood fence. Such wall or fence shall be no higher than four feet and shall be maintained in good condition. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 15 feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height. This division shall apply to bed and breakfast inns regardless of the size of off-street parking area.
(1) All off-street parking areas shall provide one tree of no less than two inches caliper, for every six parking spaces. A minimum of 50% of the off-street parking trees shall be planted in parking lot islands. The remainder must be planted within ten feet of the perimeter of the parking lot.
A. Parking lot islands. Each landscaped tree island in a single loaded parking stall design shall have a minimum area of 162 square feet with a minimum width of nine feet. Each landscaped tree island located in a double loaded parking stall shall have a minimum area of 324 square feet, with a minimum width of nine feet.
(2) All parking lot islands and peninsulas shall be designed to provide a minimum of three feet in depth, for soil in a friable condition for healthy tree and plant growth.
(3) All trees shall be balled and burlapped or containerized/potted when planted. The top 18 inches of the burlap bag and cage shall be removed when planting.
(4) All trees shall be maintained in a healthy condition.
(Ord. 2021-20, passed 7-19-2021)
§ 1191.07 SIGNAGE.
A landscaped area totaling a minimum of 50 square feet shall be provided centered on the base of all freestanding signs and should be comprised of a variety of natural materials, such as turf, ground cover, shrubs, and hedges. No more than 50% of natural landscaping material shall consist of turf. Low maintenance plant materials should be utilized. A sketch plan drawn to scale and indicating plant material by type (Latin/Botanical names) and quantity shall be provided with the application for a sign permit.
(Ord. 2021-20, passed 7-19-2021)
§ 1191.08 SCREENING OF SERVICE COURTS AND LOADING DOCK AREAS.
(a) Screening of Service Courts and Loading Dock Areas. All areas used for service, loading and unloading activities shall be screened along the entire lot line if adjacent to or abutting a residential zoning district or public right-of-way. The requirements of § 1191.04(f) shall apply.
(b) Screening of Trash Container Receptacles. For all non-single family residential uses requiring trash container receptacles, such as dumpsters, all such containers or receptacles shall be enclosed on all sides by walls or fences with an opacity of 100% and a minimum height of six feet. Such containers or receptacles when located adjacent to or abutting a residential zoning district shall in addition be landscaped on all sides visible from such districts by shrubs and hedges with an opacity of 75%. Trash containers and receptacles shall be located behind the building line and shall be located to the rear of non-residential uses. Trash containers and receptacles shall conform to side and rear yard setback requirements and for non-residential uses adjacent to a residential zoning district, such containers and receptacles shall be located no closer than 25 feet to any property line.
(Ord. 2021-20, passed 7-19-2021)
§ 1191.09 SUBMITTAL REQUIREMENTS.
(a) Procedure. Landscaping plans shall be submitted to the Planning and Zoning Administrator whenever an application is filed for a non-single family residential use as a part of a request for a Certificate of Zoning Compliance, zoning map amendment, conditional use permit, and in conjunction with the submittal requirements for Planned Districts.
(b) Plan Contents. The landscaping plan shall be prepared by a licensed design professional or landscape architect and shall include the following information:
(1) Plot plan drawn to scale indicating property lines, easements, proposed improvements, natural features, drainage, adjacent uses and structures, and proposed landscaping which shall include botanical and common names, dbh of deciduous trees, installation size, on-center planting dimensions where applicable, and a summary of all landscaping materials used on-site, new and existing, by type, common name, and quantity.
(2) In the case where trees are to be removed as part of any site development, the plot plan shall, in addition to items included in division (b)(1) above, also specifically indicate any trees to be removed and include botanical and common names and location of any major trees and any significant trees.
(3) Title block with the pertinent names and addresses of property owner, applicant, design professional or landscape architect including the architect's seal, scale, date, north arrow, address of the subject property, and name of the subdivision (if applicable).
(c) Criteria for Review. The submitted landscaping plan shall be reviewed to determine if proposed improvements comply with the requirements and standards of this chapter and commonly accepted landscaping and design standards. Council and/or the Planning and Zoning Administrator may call upon professional services from either the public or private sectors to provide an evaluation relative to any submitted landscaping plan.
(Ord. 2021-20, passed 7-19-2021)
§ 1191.10 INSTALLATION AND MAINTENANCE.
(a) Installation. Landscaping plans and the improvements identified therein meeting the requirements of this chapter shall be completely installed no later than six months subsequent to the date of issuance of a Temporary Certificate of Use and Occupancy. A single three month extension may be granted by the Planning and Zoning Administrator upon request of the applicant upon demonstration that such extension is warranted because of adverse weather conditions or unavailability of approved landscaping material. All landscaping material shall be installed in a sound, professional manner and according to accepted landscaping and planting procedures.
(b) Maintenance. All landscaping material shall be maintained in proper and healthful condition. Property owners shall maintain landscaped areas in a proper, neat and orderly appearance, and free from refuse and debris. Upon issuance of a citation, corrective action shall be completed within 60 calendar days unless the Planning and Zoning Administrator determines that weather constraints require one additional 60 calendar day period. Failure to meet the requirements of this section shall constitute violation of this Zoning Code and enforcement and penalty requirements of Chapter 1135 shall apply.
(c) Dead or Diseased Trees. It shall be unlawful for any property owner to maintain or permit to stand on his or her property, dead, diseased, or damaged trees, shrubs, evergreens or other plants which are deemed by the municipality to be a menace to the public peace, health, and safety.
(Ord. 2021-20, passed 7-19-2021)
§ 1191.11 TREE REMOVAL PERMITS.
(a) No person shall do any of the following without first having obtained a tree removal permit in accordance with the provisions of these regulations:
(1) Remove, damage, or destroy any tree or similar woody vegetation of any dbh in a woodland;
(2) Remove, damage, or destroy any tree or similar woody vegetation of six-inch dbh or greater which is not located in a woodland;
(3) Conduct any tree clearing activities.
(b) Exceptions.
(1) The removal or trimming of any trees by or on behalf of a resident owner of a one-family dwelling unit, one-family cluster-housing unit, site condominium unit, or residential condominium unit from an area under the owner's exclusive control. This exception shall not apply to removal of trees from common areas.
(2) Upon prior approval by the Planning and Zoning Administrator, the removal of or trimming of trees necessitated by the installation, repair or maintenance work performed in a public utility easement or approved private easement for public utilities.
(3) The removal or trimming of trees if performed by or on behalf of Commercial Point, Franklin or Pickaway County, Ohio Department of Transportation, Franklin or Pickaway County Public Works Office or other public agencies, or a public utility company in a public right-of-way, upon public property, or upon a private easement for public utilities in connection with a publicly awarded construction project, the installation of public streets or public sidewalks, or installation of public utilities within a private or public easement established for such purpose.
(4) The trimming and pruning of trees as part of normal maintenance of landscaping or orchards, if performed in accordance with accepted forestry or agricultural standards and techniques.
(5) The removal or trimming of dead, diseased or damaged trees if performed by or on behalf of Commercial Point, Franklin or Pickaway County, Ohio Department of Transportation, Franklin or Pickaway County Public Works Office or other public agencies in a public right-of-way or upon public property if done to prevent injury or damage to persons or property.
(6) The removal or trimming of dead, diseased or damaged trees provided that the damage resulted from an accident or non-human cause, and provided further that the removal or trimming is accomplished through the use of standard forestry practices and techniques.
(7) The removal or transplanting of trees during the operation of a commercial nursery, tree farm or practicing sustained-yield forestry (land stays a productive forest).
(8) Actions made necessary by an emergency, such as a tornado, windstorm, flood, freeze, dangerous and infectious insect infestation or disease or other disaster, in order to prevent injury or damage to persons or property or restore order.
(c) Content of Application.
(1) Required information. An applicant for a tree removal permit for a parcel of one acre or more, if required by this section, shall submit the following materials to the municipality:
A. A completed tree removal permit application on a form prescribed by Zoning Administrator, which such application shall include the following information:
1. The name, address and telephone number of the applicant and/or the applicant's agent.
2. The name, address and telephone number of the owner of the property.
3. The project location, including as applicable, the address, the street, road, or highway, section number, lot or unit number, and the name of the subdivision or development.
4. A detailed description and statement of the activity to be undertaken.
B. A tree removal permit application fee in the amount as established by the adopted fee schedule.
C. If the applicant is not the owner of the property, a written authorization from the owner allowing the proposed activity.
D. Five copies of a plan for proposed tree removal containing all of the following information:
1. The shape and dimensions of the property, and the location of any existing and proposed structure or improvement.
2. The location of all existing trees of six-inch or greater dbh, identified by common and/or botanical name. Trees proposed to remain, to be transplanted, or to be removed shall be designated. A cluster of trees may be designated as a "stand" of trees, and predominant species, estimated number, and average size shall be indicated. Clusters of trees located within an approved open space which is to be preserved may be designated as an "open space stand" and identified in the same manner as a "stand" without individual identification and location.
3. A description of tree species, size, density, health and vigor.
4. The location and dimension of all setbacks required by existing zoning requirements.
5. A statement that all retained trees will be identified by a method, such as painting or flagging. If protective barriers are deemed necessary by Commercial Point, the statement shall include a description of how the retained trees are to be protected, with an acknowledgment that the barriers must be in place before operations commence.
6. A general grading plan prepared by a registered engineer or land surveyor showing the anticipated drainage patterns, including the location of any areas where cut and fill operations are likely to occur, to enable Commercial Point to determine the impact of the proposal on the viability of the existing trees.
(d) Application Review Procedures.
(1) Procedure. Commercial Point shall review the submitted application for a tree removal permit required by this section to determine that all required information has been provided. At the request of the applicant or the municipality, an administrative review meeting may be held to review the request in light of the purpose and the review standards of this section. A field inspection of the site may be conducted by the Zoning Administrator. Where the site proposed for development requires review or approval by Council of the subdivision layout, qualification for one-family cluster, or special land use approval, Council shall be responsible for approval or denial of the request for a tree removal permit (subject to affirmance, reversal or modification by the Council of Commercial Point with respect to tentative preliminary plat approval, or any other approval for which Council has final authority). In all other instances, the review of tree removal permit requests shall be the responsibility of the Zoning Administrator. All decisions shall be made in accordance with the review standards of this section.
(2) Denial. If an application for a tree removal permit is denied, the permit applicant shall be notified in writing of the reasons for denial by the Zoning Administrator.
(3) Approval; Conditions; Performance Requirements. If an application for a tree removal permit is granted, the reviewing authority may do any or all of the following:
A. Attach to the granting of the permit reasonable conditions considered necessary by the reviewing authority to ensure the intent of this section is fulfilled and to minimize damage to, encroachment in, or interference with natural resources and processes within wooded areas.
B. Set a reasonable time frame within which to complete tree removal operations.
C. Require a permit holder to deposit a performance bond, or other acceptable security, equal to 100% of the cost of the improvements to ensure compliance with the terms of this section, including the planting of any required replacement trees. Once the trees designated to be removed have been removed and any required replacement trees have been planted and inspected, the municipality shall release the bond or security. If the permit holder has provided a bond or other performance guarantee to the municipality under any other ordinance or regulation, and such bond or guarantee is deemed adequate by the municipality to ensure compliance with this section, no additional performance guarantee shall be required under this section.
(e) Term of Permit.
(1) Any and all tree removal permits issued by the municipality to a developer shall expire (unless extended) at the same time as the contemporaneous approval granted by the municipality for the development, if any (e.g., preliminary plat, preliminary site plan, special land use, site plan approval, etc.).
(2) Any and all tree removal permits issued by the municipality to any person for an activity regulated under this section for which a contemporaneous approval of the development is not required (e.g., removal of trees by a builder in connection with construction of a residence upon a lot or parcel) shall expire one year from the date of issuance.
(3) Any activity regulated under this section which is to be commenced after expiration of a tree removal permit shall require a new application, additional fees, and new review and approval.
(f) Protection of Trees and Woodlands during Construction; Display of Permit.
(1) No individual shall conduct any activity within ten feet of the drip line of any tree designated to remain, including but not limited to placing solvents, building material, construction equipment, or soil deposits within the drip line.
(2) During construction, no individual shall attach a device or wire to any remaining tree, except to cordon off protected areas.
(3) Before development, land clearing, filling, or any property alteration for which a tree removal permit is required, the developer or builder shall erect and maintain suitable barriers such as snow fencing, cyclone fencing, etc., to protect remaining trees. Wood, metal, or other substantial material shall be utilized in the construction of barriers. Protective barriers shall remain in place until the Zoning Administrator authorizes their removal. Barriers are required for all trees designated to remain, except in the following cases:
A. Street right-of-way and utility easement may be cordoned by placing stakes a minimum of 25 feet apart and tying ribbon, plastic tape, or other brightly visible materials at least two and one-half feet above the ground from stake to stake along the outside perimeters of areas to be cleared.
B. Large property areas separate from the construction or land clearing area onto which no equipment will venture shall be cordoned off.
(4) The permit holder shall conspicuously display the tree removal permit on-site. The permit shall be displayed continuously while trees are being removed or while activities authorized under the permit are performed, and for ten days following completion of those activities. The permit holder shall allow the Zoning Administrator to enter and inspect the premises during reasonable business hours. Failure to allow an inspection is a violation of this section.
(g) Enforcement and Administration. To ensure enforcement of this section and the approved plan for tree removal, various inspections will be performed at the site by the Zoning Administrator. The applicant will be responsible for all inspection fees in accordance with the inspection fees set and established by ordinance of the Council.
(h) Penalties and Remedies.
(1) In addition to the penalties as set forth in § 1135.12, any person who violates any provision of this section shall forfeit and pay a civil penalty equal to the total value of those trees illegally removed or damaged, as computed from the International Society of Arboriculture shade tree value formula. Such sum shall accrue to the municipality and may be recovered in a civil action brought by the municipality.
(2) Any person authorized or designated by the Planning and Zoning Administrator to enforce or administer this section may issue a stop work order to any person conducting any operation in violation of this section. A person shall not continue, or cause or allow to be continued, any operation in violation of such an order, except as authorized by the enforcing agency to abate a dangerous condition or remove the violation.
(3) If a stop work order is not obeyed, the enforcing agency or person may apply to a court of competent jurisdiction for any order enjoining the violation of the order. This remedy is in addition to, and not in limitation of, any other remedy provided by law or ordinance, and does not prevent criminal prosecution for failure to obey the order.
(4) Any person aggrieved by a stop work order may request review by the Zoning Administrator of the stop work order within one working day of its issuance. The Zoning Administrator shall then determine whether the stop work order was properly issued due to operations being conducted in violation of the terms of this section. The Zoning Administrator may lift the stop work order if the operations are determined to be in compliance with this section.
(5) Any use or activity in violation of the terms of this section is hereby declared to be a nuisance per se, and may be abated by order of any court of competent jurisdiction. In addition to other remedies, the municipality may institute any appropriate action or proceeding to prevent, abate, or restrain the violation. All costs, fees and expenses in connection with such action, including attorney fees incurred by the municipality, shall be assessed against the violator.
(Ord. 2021-20, passed 7-19-2021)
§ 1191.12 PUBLIC SPACES.
Within the public right-of-way and on public properties, no person or entity other than the municipality shall plant a tree, shrub, evergreen, woody shrub or other obstruction on public property without the written consent of the Village of Commercial Point. The enforcement and penalty provisions of Chapter 1135 shall apply to this section.
(a) Tree Topping. No person shall, as a normal practice, top any tree within the public right-of-way. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy or disfigure the tree. With an immature tree, removing more than 25% of the canopy will be considered topping.
(b) Height of Limbs Over Sidewalks and Streets. Tree limbs extending over a sidewalk shall be trimmed to such an extent that no portion of the same shall be less than ten feet above the sidewalks. Tree limbs extending over streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.
(c) Municipal Rights. The municipality shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the rights-of-way of all streets, alleys, avenues, lanes and other public grounds as may be necessary to ensure public safety or to preserve or enhance the environmental quality and beauty of such public grounds. The Zoning Administrator may cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature poses a threat to the interruption of service to sewers, electric power lines, gas lines, water lines or other public improvements.
(d) Reducing Tree Lawn. No person shall by any type of construction reduce the size of a tree lawn without first securing permission from the Zoning Administrator.
(e) Utility Companies. Utility companies shall provide written evidence to the Zoning Administrator, of adherence to established guidelines (as recommended by the National Arborists Association) for line clearance work. These guidelines shall cover the following areas:
(l) Tree trimming/pruning;
(2) Tree removal;
(3) Brushing;
(4) Right-of-way clearance for new transmission conductors on private rights-of-way; and
(5) Chemical brush control and appropriate precautions.
(f) Removal, Replanting and Replacement in Public Places. Wherever it is necessary to remove a tree(s) or shrub(s) from any municipally owned property, in connection with the paving of a sidewalk, or the paving or widening of a portion of a street, alley, or highway used for vehicular traffic, or any other reason, the Zoning Administrator must be contacted. At that time, the Zoning Administrator will determine if replacement of the trees and/or shrubs is feasible.
(g) Public Tree Care.
(1) The Zoning Administrator shall notify the Village Council those locations at which he or she deems the removal of street trees is necessary. The Zoning Administrator will notify the adjacent property owner(s) of the municipality's intentions to remove the tree(s).
(2) The municipality shall have the right to enter private property to gain access to trees adjacent to public areas for the purpose of proper pruning, after reasonable prior notice has been given to the property owner. To ensure that street trees thrive, homeowners are encouraged to confer with the Zoning Administrator, and water and mulch the trees as needed.
(3) No person or contractor, unless working on behalf of the municipality, shall attach any rope, wire, nails, advertising poster, decoration, decorative lighting, or other contrivance to any tree on municipally owned property. No person shall permit any fire to burn where such fire or heat therefrom, or heat from any source will injure any portion of any tree on municipally owned property. No person or contractor, unless working on behalf of the municipality, shall use herbicides or other chemicals on any trees, shrubs or evergreens located on municipally owned property.
(4) No person shall hinder, prevent, or interfere with the agents or employees of the municipality while the agents or employees are engaged in planting, maintaining, or removing any tree, shrub, evergreen, or other plant material on municipally owned property.
(5) No person shall excavate any ditch, tunnel, trench, or lay any drive within ten feet from the dripline of any tree, shrub, evergreen, or other plant material standing on any municipally owned property.
(6) It shall be unlawful for any person or contractor, unless working on behalf of the municipality, to break, deface, injure, mutilate, kill, or destroy any tree, shrub, or evergreen on any municipally owned property.
(h) Removal of Stumps. All stumps of street trees shall be removed 12 inches below the surface of the ground. Stumps shall be removed or shall be ground at the site. All residual material shall be removed from the site at the time the tree is removed and the site shall be restored as approved by the Zoning Administrator.
(i) Arborist License and Bond. It shall be unlawful for any person or contractor working on behalf of the municipality, to act as an arborist in the business or occupation of planting, pruning, treating, or removing street trees within the municipality without providing documentation as a certified arborist or as the authorized representative of a certified arborist. Each applicant shall file evidence of possession of liability insurance in the minimum amount of $1,000,000 indemnifying the municipality or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(j) Appeal Procedures. Any person aggrieved by a decision of the Zoning Administrator may appeal the decision to Council as prescribed in § 1135.04(c).
(Ord. 2021-20, passed 7-19-2021)
§ 1191.13 PRIVATE STREETS.
No trees may be planted along private streets without first obtaining a permit from the Zoning Administrator. The permit application must contain a map illustrating the location and botanical and common name of all trees to be planted along with the street.
(Ord. 2021-20, passed 7-19-2021)
§ 1193.01 INTENT AND PURPOSE.
The intent of this chapter is to balance the diverse interests in wireless communication; to improve citizen access and use of new and existing technologies; to assure the right of business the exercise of free trade; and to protect the community from uncontrolled proliferation of antennas and antenna support structures. More specifically, the purpose is to provide for the proper location of private as well as public and commercial wireless facilities, including antennas, dish antennas, antenna support structures, and accessory equipment structures; to encourage multiple use of antenna support structures; to ensure compatibility with nearby uses; in particular to minimize negative impacts on residential areas; and otherwise to assure the public health, safety and general welfare of the community. It is also the purpose of this chapter to conform with the federal preemption pertaining to amateur radio operations per 101 FCC 2d 952 (1985) and with exemptions for antennas utilized by amateur radio operators who are duly licensed by the FCC under Part 97 Rules Section 153(q) of Title 47 USC.
(Ord. 2020-10, passed 6-15-2020)
§ 1193.02 PRIVATE NON-COMMERCIAL ANTENNAS, SATELLITE DISH ANTENNAS, AND ANTENNA SUPPORT STRUCTURES.
Private non-commercial antennas, satellite dish antennas, and antenna support structures are permitted accessory uses in any zone district under the following conditions:
(a) Exclusion: This section does not apply to satellite dish antennas 3.3 feet or less in diameter in residence zones or 6.6 feet or less in commercial and industrial zones.
(b) Dish antennas greater than five feet in diameter may not be placed on the roof of a principal or accessory building in any residential zone because of objectionable aesthetic impact on surrounding dwellings and views therefrom.
(c) Structures controlled under provisions of this section, including guys, are prohibited in any front or side yard of a lot or parcel in any residential or commercial zone and shall not encroach upon any side yard setback line, nor be placed within ten feet of the rear property line, provided that guy wire anchors may be located within one foot of property lines that define the rear yard. In addition, an antenna support structure in residential and commercial zones shall be set back from the nearest property line a distance equal to structural height.
(d) Height of any antenna support structure covered under this section shall be controlled by the height regulation of the zone in which it is located, provided that an antenna on such support structure shall be permitted up to 25 feet of additional height in excess of the zone limit.
(e) Structures covered under this section, for which an in-ground foundation or substructure must be constructed or which are roof mounted and extend more than 15 feet above the ridge line of the roof, shall require a building permit prior to erection, enlargement, increase in height or relocation. The application for a permit shall include address of lot or parcel, type of structure and height, and placement on lot or parcel shown on an illustration drawn to scale. Also required is information on method of installation including, as appropriate, details on structural support, footings, foundations, guys, braces, anchors, and grounding. As part of the permitting process the applicant will affirm receipt of a Safety Advisory Bulletin concerning safety issues, grounding, anti-climb devices, guying and wire sizes, and maintenance and inspections.
(f) Climbable antenna support structures shall be completely enclosed by a fence six feet in height or shall have an effective anti-climb device attached as described in the Safety Advisory Bulletin. If fenced, the fence shall restrict the passage of a two inch diameter sphere.
(g) Lots or parcels in residential zones shall be limited to not more than one antenna support structure per building containing one or more dwelling units.
(h) An antenna support structure shall be inspected annually and maintained in a safe condition by the owner or operator. Such owner or operator shall notify the Planning and Zoning Administrator if requisite safety standards are no longer being met and what steps are being taken to remedy the situation. The owner or operator of such structure shall maintain a record of inspections on file and a log of routine maintenance as well as work undertaken in response to inspections.
(i) Upon cessation of ownership or leasehold rights in an antenna support structure, the operator or property owner shall remove such structure within 90 calendar days, or within 30 calendar days of receipt of final written notice from the municipality to do so, provided that the new owner or leaseholder may retain said structure, after its inspection and written notice to the Planning and Zoning Administrator of the intention to retain such structure and to assume responsibility for same under this section.
(Ord. 2020-10, passed 6-15-2020)
§ 1193.03 AMATEUR RADIO ANTENNAS AND ANTENNA SUPPORT STRUCTURES.
Amateur radio antennas and antenna support structures are permitted accessory uses in any zone district under the following conditions:
(a) Exclusion: This section does not apply to satellite dish antennas 3.3 feet or less in diameter in residence zones or 6.6 feet or less in commercial and industrial zones, and wire antennas erected unobtrusively for the purpose of amateur radio communications.
(b) Dish antennas greater than five feet in diameter may not be placed on the roof of a principal or accessory building in any residential zone because of objectionable aesthetic impact on surrounding dwellings and views therefrom.
(c) Structures controlled under provisions of this section are prohibited in any front or side yard of a lot or parcel in any residential or commercial zone, provided that guy wire anchors may encroach into the side yard. Guy wire anchors and structural foundations may be located not closer than one foot of property lines that define the rear yard, and in the case of guy wire anchors, in the side yard, provided that antennas may encroach within the one foot setback, and may even protrude over the lot line, where written permission to do so is provided by the current affected property owner and is on file with the Planning and Zoning Administrator.
(d) The overall antenna height shall be limited to 100 feet above grade whether freestanding or mounted on a structure. If the Council determines it necessary to consult with an expert in considering an increase in overall antenna height, all reasonable costs and expenses associated with such consultation shall be borne by the person seeking to exceed such height limit.
(e) Structures covered under this section, for which an in-ground foundation or substructure must be constructed, and/or which exceed 35 feet in height above grade, or which are roof-mounted and extend more than 15 feet above the ridge line of the roof, shall require a building permit prior to erection, enlargement, increase in height or relocation. The application for a permit shall include address of lot or parcel, type of structure and height, and placement on lot or parcel shown on an illustration drawn to scale. Also required is information on method of installation including, as appropriate, details on structural support, footings, foundations, guys, braces, anchors, and grounding. As part of the permitting process the applicant will affirm receipt of a Safety Advisory Bulletin concerning safety issues, grounding, anti-climb devices, guying and wire sizes, and maintenance and inspections.
(f) Climbable antenna support structures shall be completely enclosed by a fence six feet in height or shall have an effective anti-climb device attached as described in the Safety Advisory Bulletin. If fenced, the fence shall restrict the passage of a two inch diameter sphere.
(g) Lots or parcels in residential zones shall be limited to not more than one antenna support structure in excess of 35 feet in height above grade per building containing one or more dwelling units. A second support structure, which is 35 feet or less in height, shall be permitted, and may be accompanied by antenna(s) of up to 25 feet of additional height.
(h) An antenna support structure shall be inspected annually and maintained in a safe condition by the owner or operator. Such owner or operator shall notify the Planning and Zoning Administrator if requisite safety standards are no longer being met and what steps are being taken to remedy the situation. The owner or operator of such structure shall maintain a record of inspections on file and a log of routine maintenance as well as work undertaken in response to inspections.
(i) Upon cessation of ownership or leasehold rights in an antenna support structure, the operator or property owner shall remove such structure within 90 calendar days, or within 30 calendar days of receipt of final written notice from the municipality to do so. Where the new owner or leaseholder is a licensed amateur radio operator, such person may retain said structure after its inspection and written notice to the Planning and Zoning Administrator of intention to do so and to assume responsibility for same under this section.
(Ord. 2020-10, passed 6-15-2020)
§ 1193.04 COMMERCIAL, PUBLIC, AND SEMI-PUBLIC ANTENNAS, SUPPORT AND EQUIPMENT STRUCTURES.
Commercial, public, and semi-public antennas, radio and television antennas, microwave and other wireless communication antennas, dish antennas, antenna support structures, and equipment structures, are permitted as primary or accessory uses, subject to Site Plan Review of Chapter 1141 under the following conditions:
(a) Antenna support structures with antenna may be located as follows:
(1) On property or existing buildings in any commercial or industrial zone where located not closer than 500 feet from any residential unit in any residential zone, subject to review by Council. Support structures shall be excluded from municipality park, cemetery, and museum property, provided that public communication structures qualifying as essential services as defined in this chapter shall not be so excluded.
(2) On property or existing buildings in any residential zone where located not less than 500 feet from any residential unit in any residential zone, subject to review by Council. Support structures shall be excluded from municipality park, cemetery, and museum property, provided that public communication structures qualifying as essential services as defined in this chapter shall not be so excluded.
(b) Antennas and antenna arrays, independent of antenna support structures normally accompanying their use, may be located as follows:
(1) On existing buildings or structures in commercial and industrial zones.
(2) In any zone on existing tall structures, excluding those provided for in § 1193.02 and 1193.03, such as communication towers, power transmission towers and poles, stadium and athletic field lighting standards, water storage tanks, street light standards along expressways and major and regional streets as defined by the municipality's thoroughfare plan, and on or within other similar tall structures as determined by the Planning and Zoning Administrator.
(c) Structures for housing of equipment required to operate an antenna, not higher than 12 feet above grade nor greater than 300 square feet in area, may be constructed in proximity to an antenna support structure or existing tall structure as accessory to each antenna array or user of an antenna support structure. A single, larger structure may be built for multiple users, provided that total floor area does not exceed 600 square feet. An equipment structure may also be treated as a mechanical appurtenance or penthouse on the roof of an existing building on which the antenna, antenna array, or antenna support structure is erected. Where the equipment structure is erected at grade, color and character of the exterior surface shall be aesthetically and architecturally compatible with buildings in the surrounding area.
(d) Except in LM and PID Zones, antenna support structures shall maintain a setback from the nearest property line a distance at least equal to the height of the structure, provided that a structure mounted on the roof of a building shall not be so restricted.
(e) Overall antenna height covered under this section shall be limited to not more than 150 feet above grade.
(f) Required submittals accompanying applications:
(1) Applicant must provide a written statement that the proposed antenna and antenna support is compliant with: antenna and antenna support structure site federal registration; maximum exposure to non-ionizing radiation and ionizing radiation standards, singly or as co-located, recertified biannually.
(2) Applicant must provide an analysis of the visual impact of the antenna support structure on the surrounding area. Such analysis shall include points-of-view renderings of the structure to scale in its proposed setting, with special attention to adjoining residential areas, including proposed landscaping to screen the structure base and accessory building.
(g) No placement of new antenna support structures shall be permitted unless Council finds credible evidence establishing to a reasonable certainty one or more of the following:
(1) No existing antenna support structure, tall structure or building is located in the area in which the applicant's equipment must be located, or
(2) No existing antenna support structure, tall structure or building in the area is of sufficient height to meet the applicant's requirements and the deficiency cannot be remedied at reasonable cost, or
(3) No existing antenna support structure, tall structure or building within the area has sufficient structural strength to support the applicant's equipment and the deficiency cannot be remedied at reasonable cost, or
(4) Electromagnetic interference would occur between the applicant's and existing equipment and such interference cannot be eliminated at reasonable cost, or
(5) The fees, costs or contractual provisions required by the owner to co-locate on existing antenna support structure, tall structure or building are unreasonable relative to industry norms, or
(6) The applicant demonstrates that there are other factors that render existing antenna support structures, tall structures or buildings unsuitable or unavailable for co-location. The cost of eliminating impediments to co- location shall be deemed reasonable if it does not exceed by 25% of the cost of constructing a new antenna support structure on which to mount the applicant's equipment.
(h) If Council determines it necessary to consult with an expert in considering the factors listed in division (g) of this section, all reasonable costs and expenses associated with such consultation shall be borne by the applicant. Failure to pay such costs and expenses or provide information requested by Council shall be grounds for denial or the withholding of the issuance of a building permit until such costs have been paid.
(i) Unless shown to be unreasonable, a condition of approval shall be to construct an antenna support structure so as to accommodate the co-location of at least three additional antenna arrays similar in size and function to that placed by the applicant. The additional co-location-sites shall be made available at prevailing rates in the industry and under standard contractual provisions. Failure to do so shall be considered grounds for denying approval or voiding of approvals given.
(j) Any modification which significantly alters the appearance, height, or structural integrity of an antenna support structure or which involves the installation of antenna equipment differing in size or function from that previously installed shall require the approval of Council.
(k) Additional approval by Council shall not be required for co-location on an existing antenna support structure, provided the co-located antenna array and equipment is similar in size and function to that installed by the applicant of the approved antenna support structure. Such co-location shall be subject to review and approval of the Planning and Zoning Administrator.
(l) No advertising or business signs shall be allowed on structures covered under this section.
(m) No signals, lights or illumination not required by the FCC, FAA, or municipality may be placed on structures covered by this section. Any such required signal or light shall be shielded to prevent downward transmission of light.
(n) Antenna support structures shall have an exterior finish that preserves their structural integrity and visual appearance.
(o) Structures covered under this section shall require a building permit prior to erection, enlargement, increase in height or relocation. The application for a permit shall include construction drawings showing the proposed method of installation, including details of structural support, footing, foundation, guys, braces, anchors, and such other information as required by the Planning and Zoning Administrator to assure proper engineering practice. A site plan and other illustration drawn to scale shall be provided showing the lot or parcel on which the structure is to be erected, all structures on site, all structures within 200 feet of the site, all structural elements, and all other relevant information.
(p) Antenna support structures shall be inspected annually and maintained in a safe condition by the owner or operator. Such owner or operator shall notify the Planning and Zoning Administrator if requisite safety requirements are no longer being met and the steps being taken to remedy the situation. The owner or operator shall maintain inspection reports on file and a log of routine maintenance as well as work undertaken in response to inspection reports.
(q) The owner or operator of an antenna or antenna support structure shall give notice to the Planning and Zoning Administrator when such equipment is no longer in use. Any such equipment no longer used for a continuous period of six months or which no longer meets safety standards in the view of the Planning and Zoning Administrator shall be removed; it shall be removed within 60 calendar days of written notice by the municipality to do so. If not removed within such 60 calendar day period, the municipality may remove it at the owner's expense.
(Ord. 2020-10, passed 6-15-2020)
§ 1195.01 ACCESSORY USES AND STRUCTURES PERMITTED.
Unless otherwise specified, accessory uses and structures shall be permitted on a lot in a residential zoning district in association with a principal use or structure provided the accessory use or structure meets the requirements of this chapter, the development standards of the applicable residential zoning district.
(Ord. 2020-10, passed 6-15-2020; Ord. 2020-30, passed 1-4-2021; Ord. 2020-30, passed 1-4-2021)
§ 1195.03 PERMIT REQUIRED.
A permit or certificate of zoning compliance shall be issued prior to the erection, addition or alteration of an accessory structure located on any lot in conjunction with a permitted principal use.
(Ord. 2020-10, passed 6-15-2020)
§ 1195.04 RESIDENTIAL LOCATION, EXTERIOR, SIZE AND MAINTENANCE.
(a) Location. All accessory uses and accessory structures, excluding fences, sidewalks, driveways, garages, porches, poles, signs, decks, patios and towers shall be located in the rear yard of a residential lot. No accessory uses and accessory structures, excluding fences, sidewalks, driveways, garages, porches, poles and signs, shall be allowed in the front yard of a residential lot. Accessory uses and accessory structures shall meet the front, rear and side yard setback requirements of the applicable residential zoning district. Accessory uses and accessory structures shall not be located within a recorded easement.
(b) Exterior. In order to protect property values and encourage neighborhood stability, an accessory structure shall have an exterior which is compatible in appearance to the principal structure on the lot.
(c) Size of Structure. The maximum permitted size of an accessory structure placed on a lot in a residential zoning district shall be no larger than 10% of the total lot area.
(1) Lot size two acres or less. An accessory structure shall contain no more than one story nor shall it exceed a total height of 15 feet as measured from the floor to the top of the roof. No door serving the accessory structure shall exceed nine feet in height.
(2) Lot size over two acres. An accessory structure shall not exceed a total height of 25 feet as measured from the floor to the top of the roof.
(d) Maintenance. All structures shall be maintained in compliance with this chapter and all other applicable laws, rules, and regulations.
(e) Density. All accessory structures, when combined with the principal structure, shall not exceed 60% lot coverage.
(Ord. 2020-10, passed 6-15-2020; Am. Ord. 2020-30, passed 1-4-2021)
§ 1195.05 COMMERCIAL/INDUSTRIAL LOCATION, EXTERIOR, AND MAINTENANCE.
(a) Location. For all commercial, industrial, and warehousing lots and parcels, accessory uses and structures, shall be located completely to the rear or side of the principal structure and shall be no closer than ten feet from any part of the principal structure. Accessory uses and structures shall meet the rear and side yard setback requirements of the applicable zoning district. Accessory uses and structures shall not be located within a recorded easement.
(b) Exterior. In order to protect property values and encourage neighborhood stability an accessory structure shall have an exterior that meets this standard and is compatible in appearance to the principal building on the parcel or lot.
(c) Maintenance. Accessory uses and structures shall be maintained in conformance with the requirements of this Code.
(d) Site Plan Required. Accessory uses and structures shall be indicated on an approved site plan in conformance with the requirements of Chapter 1141.
(e) Utilities Facilities Construction Impact Fee Required. At the time an application for Certificate of Zoning Compliance is submitted for an accessory structure on a commercial, industrial, or warehousing lot or parcel that is not otherwise part of an approved site plan application under Chapter 1141, utilities facilities construction impact fee described in § 1117.04(c) shall be paid. The square footage of parking lots shall not be considered when calculating the overall impact fee owed.
(Ord. 2022-07, passed 2-8-2022)
§ 1197.01 PURPOSE AND SCOPE.
(a) The purpose of this chapter is to provide requirements for the use or occupation of any and all rights-of-way and public property in the municipality, the issuance of permits to persons for such use or occupancy and to set forth the policies of the municipality related thereto.
(b) This chapter does not take the place of any franchise, license, or permit which may be additionally required by law. Each permittee shall obtain any and all such additional franchises, licenses or permits necessary to the operations and conduct of its business.
(c) No person shall use, occupy, own or operate facilities in, under or over any rights-of-way within the municipality unless such person first obtains a franchise and/or permits conforming to the requirements set forth therein and in this chapter.
(d) The policy of Commercial Point with regards to rights-of-way is hereby declared to be:
(1) To promote public safety and protect public property;
(2) To promote the utilization of rights-of-way for the public health, safety, and welfare and to promote economic development in the municipality;
(3) To promote the availability of a wide range of utility, communication, and other services, including the rapid development of new technologies and innovative services, to the municipality's citizens and taxpayers at reasonable rates;
(4) To promote cooperation among the municipality and franchisees and permittees in the occupation of rights-of-way, and work therein, in order to minimize public inconvenience during work in the rights-of-way and avoid uneconomic, unneeded and unsightly duplication of facilities;
(5) To ensure adequate public compensation for the regulation of the private use of the rights-of-way and the regulation thereof; and
(6) To promote and require reasonable accommodation of all uses of rights-of-way and to establish the following priority of use of rights-of-way, when all requested usage of rights-of-way by permittees cannot be accommodated:
A. Use by the municipality.
B. Use by another governmental entity with the municipality's concurrence or other uses required by law.
C. Telecommunications and utility and general permittees and franchisees shall have third priority.
D. Special permittees shall have fourth priority.
E. Residential permittees shall have the fifth priority; provided, however, that the Planning and Zoning Administrator may reasonably require right-of-way permittees and franchisees to cooperate to accommodate use by other permittees and franchisees and provided further that the Planning and Zoning Administrator may alter this priority when the Planning and Zoning Administrator reasonably determines a deviation here from to be in the public interest.
(e) Nothing in this chapter should be construed to apply the provisions of this chapter to facilities owned or operated by the municipality or any of its operations.
(f) Unless otherwise specifically stated in a permit, all permits or franchises granted hereunder shall be non-exclusive.
(g) Definitions.
(1) APPLICANT means any person applying for a permit hereunder.
(2) BEST EFFORTS means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resource and cost.
(3) EMERGENCY means a reasonable unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property that calls for immediate action.
(4) PERMITTEE means any person issued a permit or franchise pursuant to this chapter to use or occupy all or any portion of the rights-of-way in accordance with the provisions of this chapter.
(5) RIGHT-OF-WAY or RIGHTS-OF-WAY means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, leisure trail, bicycle path, or any public easement or right-of-way now or hereafter held by the municipality which shall, within its proper use, entitle a permittee, in accordance with the terms hereof and of any permit, to the use thereof for the purpose of installing or operating any facilities as may be ordinarily necessary and pertinent to the provisions of the utility, cable television, communications or other services as set forth in any permit. Right-of-way shall also include publicly owned property, but only to the extent the use or occupation thereof is specifically granted in a permit or by regulation.
(6) RIGHT-OF-WAY WORK PERMIT means a permit authorizing actual physical work by the permittee in the right-of-way.
(7) SOFT SURFACE means areas of sod, soil, mulch or other landscape materials and contains no hard surfaces.
(8) HARD SURFACE means any pavement, sidewalk, path, or travel way composed of asphalt, concrete, gravel or other surface treatment.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.02 TYPES OF PERMITS OR FRANCHISES; GRANTS OF AUTHORITY.
(a) The following type of permits and franchises are available:
(1) Cable television franchise agreement. Granted to providers of cable television service;
(2) Telecommunication and utility permit. Permit granted to persons who desire and are granted authority to utilize rights-of-way to provide a public utility and/or telecommunications service, other than cable television service.
(3) Special permit. Permit granted to persons for a specific, limited use of the rights-of- way or a specific portion thereof; and
(b) All permits shall specify the use or uses for which such permits or franchises are granted and contain such other non-discriminatory terms and conditions as are appropriate and as are set forth in this chapter or conditions negotiated and agreed to by the municipality and the permittee to provide for the public safety or welfare.
(c) Permits and the rights of permittees thereunder are not transferable without the express written approval of the municipality.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.03 PROCEDURE FOR PERMITS; TERMS.
(a) Applicants for cable television franchises shall be granted a cable television franchise pursuant to the municipality's franchise agreement; provided, however, that a cable franchise shall only entitle the franchise to utilize the rights-of-way, in accordance with the municipality's policies and regulations, for purposes directly related to the provision of the cable television service. Any other right-of-way use by such franchisee shall require a separate permit.
(b) Applicants for telecommunication and utility permits, or renewals thereof shall file an application therefore in such form as the Planning and Zoning Administrator may require along with an application fee of two thousand dollars ($2,000). The Planning and Zoning Administrator shall determine if the applications are in order and, if so, forward the application to Council to determine whether or not, in accordance with § 1197.04, the applicant should be granted a permit hereunder. Council shall make a final determination as to whether or not such permit should be granted and if so, upon what terms and conditions.
(c) Applicants for special permits or renewals thereof, shall file an application therefore, in such form as the Planning and Zoning Administrator requires along with an application fee of five hundred dollars ($500). The Planning and Zoning Administrator shall determine if the application is in order and is in accordance with the criteria set forth in § 1197.04 and grant or renew such permit. The terms of such permits shall be determined by the Planning and Zoning Administrator but shall in no event exceed ten years.
(d) Any applicant may appeal the failure of the Planning and Zoning Administrator to grant a permit or to recommend it to be granted upon terms and conditions acceptable to the applicant. In order to perfect such appeal, the applicant shall file, within ten calendar days of the Planning and Zoning Administrator's determination or recommendation, or within 90 calendar days of the filing of the application if the Planning and Zoning Administrator has taken no action, and appeal to Council. Council shall then review the matter and render a final determination after affording the applicant an opportunity to be heard either in person or in writing. Except to the extent otherwise appealable by law, Council's decision shall be final.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.04 CRITERIA FOR GRANTING PERMITS OR FRANCHISES.
(a) Cable television's franchises shall be granted pursuant to the municipality's policies and regulations.
(b) Telecommunications and utility and special permits shall be granted to persons based upon a determination that the following criteria are met.
(1) The granting of the permit will contribute to the public health, safety, or welfare in the municipality.
(3) That the permittee has and will continue to have liability insurance which names the municipality as an additional insured, in effect in such amounts and for such liability as the municipality may require or be self-insured pursuant to the terms of this chapter.
(4) That the applicant is a proper person to hold a permit and will fulfill all its obligations hereunder.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.05 OBLIGATION OF PERMITTEES AND FRANCHISEES; CONDITIONS OF PERMITS AND FRANCHISES.
(a) In addition to the other requirements set forth herein each telecommunication and utility and special permittee shall:
(1) Use its best efforts to cooperate with other franchisees and permittees and the municipality for the best, most efficient, most aesthetic and least obtrusive use of right-of-way, consistent with safety, and to minimize traffic and other disruptions including street cuts;
(2) Participate in joint planning and advance notification of right-of-way work, excepting such work performed in emergencies or other exigent circumstances;
(3) Cooperate with other permittees and franchisees in utilization of, construction in and occupancy of private rights-of-way, but only to the extent the same is not inconsistent with the agent thereof or state or federal law;
(4) Upon written notice of, and at the direction of, Planning and Zoning Administrator and at the permittees' sole cost, promptly remove or rearrange facilities as necessary, e.g. during any construction, repair or modification of any street, sidewalk, municipal utility or other governmental uses, or if additional or subsequent municipal or other public uses of rights-of-way are inconsistent with then current uses of franchisees and permittees or for any other reasonable cause as determined by the Planning and Zoning Administrator.
(5) All persons granted a permit on or after the effective date of this section shall provide maps or other information in such form and at such times as the municipality may reasonably require. Said maps and information shall locate, describe and identify all structures and facilities of such permittee, of and in the rights-of-way;
(6) Perform all work, construction, maintenance or removal of structures and facilities within the right-of-way in accordance with good engineering and construction practice, including any appropriate safety codes and in accordance with the best efforts to repair and replace any street, curb or other portion of the right-of-way, or facilities or structure located therein, to a condition materially equivalent to this condition prior to such work, and to do so in a manner which minimizes inconvenience to the public, the municipality and other franchisees and permittees, all in accordance with all applicable regulations;
(7) Register with all appropriate underground reporting services; and
(8) Unless otherwise set forth in a permit, not enter into leases or other agreements for physical space in or on permittee's facilities located within the rights-of-way without prior notification of the municipality. Such notice shall include a general description of the uses to be made of the facilities.
(b) Construction and Technical Standards.
(1) Upon grant of the permit and in order to construct, operate and maintain a telecommunications system or utility in the municipality, the permittee may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground areas located within or without the municipality, obtain right-of-way permits from appropriate municipal, state, county, and federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction; obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits the municipality, county, state or federal agency may require.
(2) In those areas of the municipality where telephone and electric services are provided by underground facilities, all new facilities shall be placed underground. In all other areas, the permittee, upon request of the municipality, shall use its best efforts to place facilities underground. However, the term "facilities" as used in the preceding sentence shall not include equipment, which is customarily placed on or above the ground in conjunction with underground transmission facilities (e.g. splice and terminal pedestals, equipment cabinets and transformers). Where not otherwise required to be placed underground by this chapter, the permittee's system shall be located underground at the request of the adjacent property owner, provided the placement of such system shall be consistent with the permittee's construction and operating standards and provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable to be installed under the roadway shall be installed in conduit. In no circumstance shall new poles be located in any area of the municipality where they are not replacing existing poles without written approval of the Planning and Zoning, which shall not be unreasonably withheld.
(3) The permittee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements and FCC technical standards, and those standards are incorporated by reference herein. The system shall be designed, constructed, operated and maintained for 24 hour a day continuous operation.
(4) The permittee shall comply with the municipality's normal permitting process prior to commencing any work in the rights-of-way except for emergencies and otherwise as provided in this chapter. No work in the rights-of-way shall be commenced until all required permits have been issued by the municipality. The municipality shall not unreasonably withhold the granting of any permit.
(5) Any contractor proposed for work of construction, installation, operation, maintenance, and repair of system equipment must be properly licensed under laws of the state, and all local ordinances. The contractor's or permittee's system and associated equipment erected by the contractor or permittee within the municipality shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of said streets, alleys or other public ways and places. No pole or other fixtures placed in any public ways by the contractor or permittee shall be placed in such a manner as to interfere with normal travel on such public way.
(6) The municipality does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public right-of-way, where necessary, the location shall be verified by excavation.
(7) Construction, installation, operation, and maintenance of the utility or telecommunications system shall be performed in an orderly and workmanlike manner, in accordance with the permittee's then current corporate construction and maintenance practices. When consistent with the safety codes and standards set forth in this section, all cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple configurations shall be arranged in parallel and bundled with due respect for engineering consideration.
(8) The permittee shall at all times comply with applicable Nation Electrical Safety Code (National Bureau of Standards); applicable National Electrical Code (National Bureau of Fire Underwriters); and applicable FCC or other federal, state and local regulations; and standards as set forth in the permit.
(9) In any event, the system shall not endanger or interfere with the safety of persons or property in the permit area or other areas where the contractor or permittee may have equipment located.
(10) The franchisee or permittee shall provide either a performance bond (or self-bonding by permittee having capitalization in excess of five million dollars ($5,000,000) as determined by the Mayor), an irrevocable letter of credit acceptable to the municipality or a certified check in an amount determined by the Mayor to pay the cost of restoration of the right-of-way should the permittee fail to perform restoration required by this chapter or the permit or to pay the cost of removal or relocation of the system required by this chapter should the permittee fail to perform said removal or relocation.
(c) Right-of-Way Work Permit Required. All permittees shall obtain a right-of-way work permit from the Planning and Zoning Administrator prior to beginning the erection, installation or maintenance including tree trimming, of any lines or equipment. Prior municipal approval shall not be required for emergency repairs, routine maintenance and repairs, operation which do not require excavation in the public right-of-way, blockage of any street or alley or material disruption to any landscaping or structures and/or irrigation systems. The permittee, and/or its subcontractors shall leave the streets, alleys, and other public places where such work is done in as good condition or repair as they were before such work was commenced and to the reasonable satisfaction of the municipality. Such right-of-way work permit shall be issued in writing and is subject to conditions that may be attached by the Planning and Zoning Administrator including, but not limited to, requirements concerning traffic control, safety scheduling, notification of adjoining property owners, and restoration with seed, sod or specific plant material as directed by the municipality. The permittee and/or its subcontractors shall endeavor to complete in a timely manner repairs to the right-of-way. All workmanship and materials used by the permittee and/or its subcontractors to repair the streets and roadways shall conform to the current municipal standards and specifications and be subject to the inspection and approval of the Planning and Zoning Administrator or authorized agent and shall be warranted for a period of two years from the date of completion for any failure due to workmanship or quality of materials. Permittees shall provide the municipality with a work permit fee in an amount set forth in division (d) of this section and shall post a performance bond in an amount determined by the Technical Review Group. Said fees are payable at the time application is made for the work permit, or in the case of an emergency repair, at the earliest time possible.
(d) Fee Schedule. Work permit fees shall be provided by the permittee to the municipality to ensure adequate public compensation for monitoring compliance with municipal requirements and protection of public property.
(1) Single new service line/tap, soft surface, fifty dollars ($50.00).
(2) Single new service line/tap, hard surface, two hundred fifty dollars ($250.00).
(3) Single isolated repair, soft surface, fifty dollars ($50.00).
(4) Single isolated repair, hard surface, two hundred fifty dollars ($250.00).
(5) Relocation of utility main, fee will be established by the Technical Review Group based on project schedule, location and impact to public infrastructure.
(6) New construction of utility main, fee will be established by the Mayor based on project schedule, location and impact to public infrastructure.
Fees may be adjusted for inflation by the Technical Review Group, however, not more than once per calendar year.
(e) As Built Drawings. Permittee shall furnish "as-built" drawings not later than 120 calendar days after construction has been completed. Drawings shall show ownership of conduits, ducts, poles and cables used for the telecommunications or utility system. Drawings shall be drawn to an appropriate scale using the standard format adopted by the municipality. Permittee shall provide one set of CD's, in pdf format, and one set of blue or black line "as-built" drawings. State plane coordinates shall be shown for benchmarks, curb lines, and structures. Drawings shall show horizontal dimensions from the curb line and elevations.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.06 NOTICE OF RIGHT-OF-WAY WORK; JOINT PLANNING.
(a) All applicants for right-of-way work permits under § 1197.05 shall file a written notice with the Planning and Zoning Administrator at least seven calendar days before working in or on the right-of-way, unless waived by the Planning and Zoning Administrator, except in the case of emergency as determined by the Planning and Zoning Administrator. In addition to such other information this chapter shall require, this notice shall contain or indicate, to the extent applicable:
(1) The right-of-way affected;
(2) A description of any facilities to be installed, constructed or maintained;
(3) Whether or not any street will be opened or otherwise need to be restricted, blocked or closed;
(4) An estimate of the amount of time needed to complete such work;
(5) A description and timetable of any remedial measures planned to close any street opening or repair any damage done to facilitate such work;
(6) A statement verifying that other affected or potentially affected permittees and franchisees have been notified;
(7) A statement that any consumers of any utility, cable television, communications or other service which will be adversely affected by such work have been or will be notified in conformance with applicable rules and regulations of the Public Utilities Commission of Ohio;
(8) An attached plan sheet detailing the work to be performed;
(9) The contractors name, contact person, address and telephone numbers;
(10) The utility owners name, contact person, address and telephone numbers; and
(11) A maintenance of traffic plan if any street, sidewalk or path will be opened or otherwise need to be restricted, blocked or closed.
(b) All applicants for right-of-way work permits under § 1197.05 shall submit a bond guaranteeing completion of all restoration work as required by the Mayor.
(c) Permittees and contractors may, under emergency or other exigent circumstances, work in the right-of-way so long as the permittees use best efforts to provide the municipality the notice required by this section at the earliest possible time and satisfy the requirements of § 1197.05(c).
(Ord. 2020-10, passed 6-15-2020)
§ 1197.07 USE OF PERMITTEE FACILITIES.
(a) The municipality shall have the right to install and maintain, free of charge, upon any poles and within any underground pipes and conduits or like facilities of any telecommunication and utility or special permittee, communications facilities ("municipal facilities") solely for governmental use desired by the municipality unless:
(1) Such installation and maintenance unreasonably and materially interferes with existing and future operations of the permittee, or
(2) Such installation and maintenance would be unduly burdensome to such permittee.
(b) Each permittee and franchisee shall cooperate with the municipality in the planning and design of its facilities so as to accommodate the municipality's reasonable disclosed governmental requirements. Neither the municipal facilities nor the capacity of bandwidth thereon shall be leased, licensed or otherwise made available to third parties. The municipality's use and occupancy or a permittee's conduit shall be limited to the right to occupy a single inner duct in any given conduit and a single attachment to any given pole. The municipality's right to use and occupancy of a permittee's poles or conduit shall be subject to any and all reasonable terms and conditions the permittee requires of other third party uses of its poles and conduit.
(c) The municipality shall pay the permittee the reasonable cost to make the poles or conduit ready for the municipality's use and occupancy. Nothing herein shall be construed to require a permittee to construct poles or conduits where none exist or to rearrange, modify or alter its facilities on a pole or conduit in order to provide space for municipal facilities where space is not otherwise available.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.08 INDEMNIFICATION.
(a) To the fullest extent permitted by law, all permittees shall, at their sole cost and expense, fully indemnify, defend and hold harmless the municipality, its officers, public officials, boards and commissions, agents, and employees from and against any and all lawsuits, claims (including without limitation, Workers' Compensation claims against the municipality or others), causes of actions, actions, liability and judgments for injury or damages (including but not limited to expenses for reasonable legal fees and disbursements assumed by the municipality in connection therewith):
(1) To persons or property, in any way arising out of or through the acts or omissions of permittee, its subcontractors, agents or employees attributable to the occupation by the permittee of the right-of-way to which permittee's negligence shall in any way contribute, and regardless of whether the municipality's negligence or the negligence of any other party shall have contributed to such claim, cause of action, judgment, injury or damage.
(2) Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent or any other right of any person, firm and corporation by the permittee, but excluding claims arising out of or related to municipal programming.
(3) Arising out of permittee's failure to comply with the provisions of any federal, state, or local statute, ordinances or regulations applicable to permittee in its business hereunder.
(b) The foregoing indemnification is conditioned upon the municipality:
(1) Giving permittee prompt notice of any claim or the commencement of any action, suit or proceeding for which indemnification is sought;
(2) Affording the permittee the opportunity to participate in and fully control any compromise, settlement, or other resolution or disposition of any claim or proceeding subject to indemnification; and
(3) Fully cooperating in the defense of such claim and making available to the permittee all pertinent information under the municipality's control.
(c) The municipality shall have the right to employ separate counsel in any such action or proceeding and to participate in the investigation and defense thereof, and the permittee shall pay the reasonable fees and expense of such separate counsel if employed with the approval and consent of the permittee or if representation of both permittee and the municipality by the same attorney would be inconsistent with accepted canons of professional ethics.
(d) Each permittee shall maintain insurance coverages (or self-insurance coverage by permittees having capitalization in excess of five million dollars ($5,000,000), as determined by the Mayor) in accordance with the following:
(1) General liability insurance. The permittee shall maintain, and by its acceptance of any franchise granted hereunder, specifically agrees, that it will maintain throughout the term of the permit, general liability insurance insuring the franchisee in the minimum of:
A. One million dollars ($1,000,000) per occurrence;
B. Two million dollars ($2,000,000) annual aggregate;
C. One million dollars ($1,000,000) excess general liability per occurrence and annual aggregate.
Such general liability insurance must be written on a comprehensive coverage form, including the following: premises/operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.
(2) Automobile liability insurance. The permittee shall maintain, and by its acceptance of any permit granted hereunder, specifically agrees that is will maintain throughout the term of the permit, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of:
A. One million dollars ($1,000,000) per occurrence; and
B. One million dollars ($1,000,000) excess automobile liability per occurrence.
(3) Workers' compensation and employer's liability insurance. The franchisee shall maintain and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the franchise, workers' compensation and employer's liability valid in the State of Ohio in the minimum amount of:
A. Statutory limit for workers' compensation;
B. One million dollars ($1,000,000) for employer's liability per occurrence;
C. One million dollars ($1,000,000) excess employer liability.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.09 REMOVAL OF FACILITIES.
(a) In the event any permittee intends to remove, excluding normal repairs and maintenance, or abandon any facilities within the rights-of-way, such permittee shall submit a notice to the Planning and Zoning Administrator describing the portion of the facilities to be removed or abandoned and the date of removal or abandonment, which date shall be less than 30 calendar days from the date such notice is submitted to the Planning and Zoning Administrator. The permittee may not remove, destroy or permanently disable any such facilities after such notice without the written approval of the Construction Services Administrator. The permittee shall remove and secure such facilities as set forth in the notice unless directed by the Planning and Zoning Administrator to abandon such facilities in place.
(b) Upon such abandonment the municipality may elect to accept title to the abandoned facility. Such acceptance shall be in writing and upon such acceptance, full title and ownership of such abandoned facilities shall pass to the municipality without the need to pay compensation to the permittee or franchisee. The permittee shall, however, continue to be responsible for all taxes on such facilities or other liability associated therewith, until the date the same was accepted by the municipality.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.10 REMEDIES AND REVOCATION.
(a) In case of any failure of permittee's physical plant, whether due to damage, age, lack of maintenance or any other cause, the municipality shall notify permittee or franchisee who shall, within a reasonable time stipulated by the municipality, respond and repair such failed plant. Should the permittee fail to act as required, or in cases where protection of public safety required an immediate response, the municipality may take any required, correction action and recover the costs of same from the permittee.
(b) The Planning and Zoning Administrator shall give the permittee 60 calendar days prior written notice of the municipality's intent to revoke the permit under the provisions of this chapter stating the reasons for such action. If the permittee cures the stated reason within the 60-day notice period, or if the permittee initiates efforts satisfactory to the municipality to remedy the stated violation, the municipality shall not revoke the permit. If the permittee does not cure the stated violation or undertake efforts satisfactory to the municipality to remedy the stated violation then, after granting the permittee or contractor an opportunity to be heard in person or in writing, the Council may revoke the permit.
(c) In the event the permit is revoked, all facilities located in the rights-of-way or located upon public property pursuant to this permit shall be removed from the streets and public places of the municipality at the sole expense of the permittee.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.11 RESERVATION OF RIGHTS.
(a) Nothing in this chapter shall be construed to prevent the municipality from constructing, maintaining, repairing or relocating any municipal utility, communications or like facilities; grading, paving, maintaining, repairing, relocating or altering any street or right-of-way; or constructing, maintaining, relocating or repairing any sidewalk or other public work or improvement.
(b) Nothing in this chapter should be construed so as to grant any right or interest in any right or way or public property other than that explicitly set forth herein or in a permit.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.12 STREET VACATION.
Unless preempted by state or federal law, in the event any street or right-of-way used by a permittee or franchisee shall be vacated by the municipality during the term of any permit granted pursuant to this chapter, the permittee shall, at the permittee's expense forthwith remove its facilities therefrom unless specifically permitted by the municipality to continue the same or such continuance of use is permitted by state law, and upon the removal thereof, restore, repair, or construct the area where such removal has occurred to a condition materially equivalent to that existing before such removal took place. In the event of failure, neglect or refusal of the permittee after 30 calendar days written notice by the municipality to remove the facilities or to repair, restore, reconstruct, improve or maintain such vacated area, the municipality may, if in accordance with applicable law, do such work or cause it to be done, and the cost thereof as found and declared by the municipality shall be paid by the permittee as directed by the municipality and collection may be made by any available remedy.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.13 TEMPORARY MOVEMENT OF FACILITIES.
In the event it is necessary temporarily to move or remove any of the permittee's wires, cables, poles or other facilities placed pursuant to this chapter, in order to lawfully move a large object, vehicle, building or other structure over the streets of the municipality, upon two weeks written notice by the municipality to the permittee, the permittee shall at the expense of the person requesting the temporary removal of such facilities, comply with the municipality's request.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.14 FORECLOSURE AND RECEIVERSHIP.
(a) Foreclosure. Upon the foreclosure or other judicial sale of the permittee's facilities located within the right-of-way, the permittee shall notify the municipality of such fact and its permit shall be deemed void and of no further force and effect.
(b) Receivership. The municipality shall have the right to cancel any permit granted pursuant to this chapter subject to any applicable provisions of law, including the Bankruptcy Act, 120 calendar days after the appointment of a receiver or trustee to take over and conduct the business of the permittee whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days or unless:
(1) Within 120 calendar days after election or appointment, such receiver or trustee shall have fully complied with all the provisions of this chapter and the relevant permit and remedied all defaults thereunder; and
(2) Such receiver or trustee, within said 120 days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this chapter and the relevant permit.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.15 NONENFORCEMENT AND WAIVERS BY MUNICIPALITY.
The permittee or franchisee shall not be relieved of its obligation to comply with any of the provisions of this chapter due to any failure of the municipality to enforce prompt compliance. However, the Planning and Zoning Administrator may in individual instances and upon a request in writing establishing hardship and for good cause shown waive, in writing, any requirements of this chapter.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.16 PUBLIC RIGHT-OF-WAY CONSTRUCTION STANDARDS.
The specifications, rules, and regulations governing the repair, construction, or reconstruction of sidewalks, driveways, curbs, and gutters in streets, alleys, and public ways of the municipality are as found in R.C. §§ 717.19, 717.01, 723.01, and Village Standard Drawings and Specifications.
(Ord. 2020-10, passed 6-15-2020)
§ 1197.17 OBSTRUCTION OF RIGHT-OF-WAY.
The public right-of-way must not be obstructed in any way. This includes, but is not limited to, vehicles, portable sports equipment, and irrigation systems. Plantings, landscaping rocks and similar landscaping materials are also prohibited except when provided adjacent to mailboxes.
A - Width of right-of-way from property line to property line
B - Width of street from face of curb to face of curb
F & J - Typical tree lawn between face of curb and sidewalk
E & I - Sidewalk.
(Ord. 2020-10, passed 6-15-2020)
§ 1199.01 PURPOSE.
(a) Commercial development in Commercial Point has a direct effect on the character and livability of the community. Commercial Point, therefore, has a responsibility to adopt standards to promote desirable commercial development.
(b) These Commercial Development Standards aspire to create a high quality built environment throughout Commercial Point and to protect the municipality's character. Through architectural and site standards, this chapter aims to enhance commercial development in Commercial Point.
(Ord. 2020-10, passed 6-15-2020)
§ 1199.02 APPLICABILITY.
Applications for new non-residential construction shall require the developer to satisfy these Commercial Development Standards in addition to the Zoning Code, Subdivision Regulations and other applicable documents and standards. The Commercial Development Standards shall be applicable as follows:
(a) Only non-residential structures located within the General Commercial, Neighborhood Commercial, Suburban Office, Planned Commercial District, Planned Unit District, or Planned Industrial District zoning districts shall be subject to the Commercial Development Standards. Any standards specifically stated in an adopted zoning text shall supersede the related standard found in the Commercial Development Standards.
(b) Properties located within the Old Town Overlay shall not be required to meet the Commercial Development Standards.
(c) New additions or accessory structures that have a square footage of less than 50% of the existing buildings square footage shall only be required to meet § 1199.03 (Building Design) of these Commercial Development Standards. If an addition or accessory structure is 50% or larger than the existing building, the entire building and site shall be subject to all Commercial Development Standards.
(d) All newly constructed parking areas shall meet the requirements of the Commercial Development Standards.
(Ord. 2020-10, passed 6-15-2020)
§ 1199.03 BUILDING DESIGN.
Buildings shall be designed to be seen from 360 degrees and have the same caliber of finish on all elevations. Building additions and accessory structures, whether attached or detached, shall be of similar design, materials, and construction to that of the existing or principal structure.
(a) Architectural Features. The purpose of requiring four-sided architecture is to avoid large areas of blank exterior. For every 100 feet of elevation width, each side and rear elevation must contain at least two design elements and each front elevation must contain at least three design elements. For multi-story buildings, each story on a single elevation shall contain at least two design elements. Typical design elements are as follows:
(1) A door of at least 28 square feet in area with an awning, window, faux window or other feature subject to approval by Council.
(2) A window of at least six square feet in area. Windows closer than ten feet shall be considered as one element. A set of adjacent windows, such as double or bay windows, shall be considered as one element.
(3) A chimney.
(4) An articulated gable vent of at least four square feet in area.
(5) Porches, decks or similar structures.
(6) A similar significant permanent architectural feature consistent with the style of the building upon approval by Council.
(b) Articulation. A building frontage that exceeds a width of 50 feet shall incorporate articulation and offset of the wall plane to inhibit a large expanse of blank wall and add interest to the facade.
(c) Materials. All exterior walls shall be comprised of 80% natural material with brick or stone as the predominant material. Other natural materials may also be incorporated into the building's exterior design. Use of "newer" materials is subject to approval by Council. Stucco, drivit and like materials may be used as accents provided the total square footage of accent material does not exceed 20% of the gross exterior building wall square footage.
(d) Glass. Elevations facing the primary street shall be a minimum of 40% glass between the height of two feet and ten feet and have an unobstructed view of the building interior to a depth of four feet. The use of black, gold, green, silver, or any other reflective colored glass on a building is prohibited. The use of spandrel glass is also prohibited. Frosted glass may be permitted in some cases, subject to approval of Council.
(e) Building Orientation. Buildings shall be oriented to face the primary street right-of-way. An entryway shall be located on the front of the building. Corner entrances are acceptable to meet this requirement if one side of the corner entrance faces the primary street right-of-way.
(f) Roofing. All pitched roofs shall be of dimensional shingles, standing seam metal, slate, or simulated slate.
(g) Mechanical Equipment. All external and rooftop mechanical equipment, including satellite antennas, and trash dumpsters shall be screened from view at all property lines on which the building is located. Screening materials shall be complimentary to those used on the majority of the building. For ground mounted equipment, landscaping is the preferred method of screening. If two or more buildings are located on the same property, rooftop equipment shall not be visible at ground level within 50 feet from any building.
(h) Drive Thru Features. A drive thru, if deemed appropriate for the site by Council via a conditional use of the applicable zoning district, shall be designed as an integral part of the structure it serves. Features incorporated with a drive through, including, but not limited to canopies, awnings and support posts, shall match the materials and color scheme of the building they are serving. Drive thru features shall not have any pick-up windows, ordering areas, signage, or other related items located on the front elevation of a building or located between the front of the building and a street right-of-way.
(i) In-Line Retail Exemption. Side or rear elevations of in-line retail developments may be exempt from the building design standards of this section if such elevations are not visible to customer traffic, a public right-of-way or if a future phase of the inline retail development is forthcoming adjacent to the elevation. Such exempt elevations shall use materials complimentary to the primary elevation and be screened by landscaping, mounding, fencing, or a combination thereof, as outlined in division (f) of this section, and as deemed appropriate by Council.
(Ord. 2020-10, passed 6-15-2020)
§ 1199.04 SITE DESIGN.
(a) Build-To Line. To promote quality streets, buildings shall meet build-to lines along public roadway frontages. Build-to lines shall be 50 feet from the right-of-way on major arterials as designated on the Commercial Point Transportation Thoroughfare Plan and 25 feet from the right-of-way on all other streets.
(1) In order to achieve quality streetscapes, variation from the build-to line will be permitted to allow for added green space, amenities, outdoor seating and the like. Buildings may be located further from the right-of-way than the established build-to line per the following:
Building Height | Variation from Build-To Line |
One Story Building | 0 feet to 5 feet |
Two Story Building | 0 feet to 10 feet |
Three Story Building | 0 feet to 15 feet |
(2) At least 50% of the building's front elevation shall be located within the applicable variation from the build-to line range.
(3) Uncovered seating areas or architectural features may project up to five feet closer to the right-of-way than the established build-to line.
(4) Buildings larger than 20,000 square feet or attached to existing in-line retail space shall be exempt from the build to line requirements if located more than 300 feet from the right-of-way.
(b) Sidewalks and Multi-Purpose Paths. A sidewalk, or multi-purpose path as designated in the Commercial Point Comprehensive Plan, shall be constructed along all public streets. In addition, a sidewalk shall connect the building entrance with the sidewalk or multi-purpose path along the primary public street.
(c) Adjacent Pavement. Pavement is prohibited directly adjacent to any building elevation, except for loading zone areas, vehicular building entrances, drive thru windows, or at entrance walk ways into the building.
(d) Trash Containers, Service Areas and Loading Zones. Trash containers, service areas and loading zones shall be located at the rear of the building. Trash containers, service areas and loading zones may be permitted on the side of a building if not oriented towards a public or private street and properly screened from public or private streets and residential zoning districts.
(e) Utility Boxes. Utility boxes shall be located to the rear of the building and painted the same, or primary, color of the building elevation where the utility box is located.
(Ord. 2020-10, passed 6-15-2020)
§ 1199.05 PARKING LOT DESIGN.
Parking lot areas shall be designed to reduce their visual impact, production of excess heat and effect on drainage. Appropriately sized landscaped areas shall be provided within each parking lot area allowing for a variety of shade trees to be planted that will not buckle the parking lot's surface and at the same time provide shade. Therefore, all off-street parking lot areas shall be designed using the "parking bay" concept, which consists of parking spaces grouped together and each parking bay separated by landscaped tree islands.
(a) Parking Lot Location. All parking spaces, drives or other structures for vehicular parking or movement shall be located to the rear or side of the principal building with no more than 50% of such parking area located to the side of the principal building.
(1) Buildings larger than 20,000 square feet or attached to existing in-line retail space shall be permitted to have parking to the front of the building if the building is located more than 300 feet from the right-of-way and the parking lot is located no closer than 200 feet from the right-of-way.
(2) If a drive thru is deemed appropriate by Council and designed per § 1199.03(h) of this Zoning Code, a drive lane may be permitted to be located in front of the building. In such case, the building shall be moved the furthest away from the build-to line as indicated in § 1199.04(a)(1) of the Commercial Development Standards.
(b) Parking Bays. No parking bay shall contain more than 24 total parking spaces, with a maximum of 12 spaces in a single row.
(c) Maximum Number of Parking Spaces. Off street parking areas shall only be permitted to have 25% more spaces than stated as the applicable minimum in § 1185.03.
(1) Parking spaces above the maximum shall be permitted with an additional 60 square feet of landscaping provided for every one additional parking space. The provided additional landscaping shall be in addition to the minimum landscaping required in § 1191.02(c)(2).
(2) Additional landscaping shall include a mix of trees and shrubs and be clearly identified as additional landscaping on the site's landscaping plan.
(d) Parking Lot Islands. Each landscaped tree island in a single loaded parking stall design shall have a minimum area of 162 square feet with a minimum width of nine feet. Each landscaped island located in a double loaded parking stall design shall have a minimum area of 324 square feet, with a minimum width of nine feet. The landscaped tree island(s) shall contain at least one shade tree and include at least 50 square feet of other plant materials.
(e) Bio-swales. Bio-swales, also referred to as rain gardens, may be incorporated in the overall parking lot design. In addition to separating parking bays, when properly designed bio-swales/rain gardens can also assist with stormwater quality and quantity management.
(f) Intersection Site Distance. When a drive isle intersects with an internal service road, nothing shall materially impede the vision between a height of two and one-half feet and ten feet for the area bounded by the intersecting street lines of those roadways and a line joining points along said roadways 15 feet from the point of intersection.
(Ord. 2020-10, passed 6-15-2020)
§ 1199.06 SITE LIGHTING.
Site lighting shall be required for all developments and be designed to sufficiently illuminate the site and minimize spillover off of the property.
(a) Design. All external lighting shall be decorative or historic in design. Typical "shoe box" light fixtures are not acceptable. Pack light, wall pack lights and similar lights that primarily shine perpendicular to (away from) a building's elevation are not permitted on any building elevation. Decorative wall lights that shine parallel to (up or down) a building's elevation are subject to approval by Council.
(b) Lighting Intensity. Foot candles measure the intensity of light. One foot candle is equal to the amount of light generated by one candle shining on a square foot surface one foot away. All parking lot areas shall have lighting intensity meeting the following standards as measured at grade:
Maximum Intensity | 20 Foot Candles |
Average Intensity | 1 to 3 Foot Candles |
(c) Light Spillage. All outdoor lighting shall be directed, reflected or shielded so as not to be of excessive brightness or cause glare hazardous to pedestrians or drivers, create a nuisance or unreasonably interfere with a neighboring property owner's right to enjoy his property. Light spillage shall not exceed one tenth foot candles when adjacent to a residential district or existing residential use.
(d) Light Pole Height. Pole heights should be in harmony with the parcel, building and parking lot size as well as the surrounding area. Smaller parcels in a more dense condition pole height should be limited in height to respond to the smaller parcels and more human scale of the site. In large commercial centers with large building footprints, parcels and parking lots, the pole heights can be higher to reduce the number of poles needed to adequately light the site. Parking lots with 30 or less spaces shall have a maximum lighting pole height of 18 feet. Parking lots with more than 30 spaces shall have a maximum lighting pole height of 30 feet.
(Ord. 2020-10, passed 6-15-2020)
§ 1199.07 SIGNAGE.
(a) Monument Signs. All freestanding signs shall be monument-type, have a base consistent with the primary building material and have a minimum of 50 square feet of year-round landscaping around all sides of the monument sign.
(b) Multi-Tenant Buildings. For multi-tenant buildings, signs for first floor tenants shall not extend above the window sill of the second story unless the tenant is located on the second floor.
(c) Prohibited Signs. Cabinet box, exposed neon, exposed LED, changeable copy (manual or electronic), roof-mounted, monopole, rotating, signs with flashing messages or bare bulbs, signs on backlit awnings, off-premise signs, billboards, and bench signs are not permitted.
(Ord. 2020-10, passed 6-15-2020)
APPENDIX A: ZONING MAP
Appendix A is the Commercial Point Comprehensive Development Plan.
(Ord. 2020-10, passed 6-15-2020)
APPENDIX B: TEXT AMENDMENTS
Appendix B is this table of supplemental building standards:
R-1 | R-3 | TND |
R-1 | R-3 | TND | ||
Min. Lot Area | 25,000 sq. ft. | 14,375 sq. ft. | Min. Lot Area | 16 acres |
Max. Lot Coverage | 30% | 30% | Max. Lot Area | 200 acres |
Min. Lot Width | 100 ft. | 80 ft. | Density | min. 8 du/ac; max 12 du/ac |
Lot Width on Curving Street or Cul-De-Sac | 60 ft. at street 100 ft. at bldg. line | 45 ft. at street 80 ft. at bldg. line | Neighborhood Size: | allow residents to walk to neighborhood square in 5-10 minutes (1,320 ft.) |
Front Yard Setback | 60 ft. | 30 ft. | See Chapter 1159 for further TND District requirements | |
Side Yard Setback | 15 ft. per side | 10 ft. each side | ||
Rear Yard Setback | 40 ft.; 8 ft. for acc. bldg. | 30 ft.; 8 ft. for acc. bldg. | ||
Max. Building Height | 35 ft. or 2-stories | 35 ft. or 2-stories | ||
Basement Required | over 20 ft. or 1 1/2 stories | over 20 ft. or 1 1/2 stories | ||
Public Open Space | 15% of net site | 15% of the net site | ||
MF-A and MFC | NC | GC | SO | LM |
MF-A and MFC | NC | GC | SO | LM | |
Min. Lot Area | 15,000 sq. ft.; 7,094 sq. ft. per dwelling unit | No Minimum | No Minimum | No Minimum | No Minimum |
Max. Lot Coverage | 35% | No Maximum | No Maximum | No Maximum | No Maximum |
Min. Lot Width | 80 ft. | No Minimum | No Minimum | No Minimum | No Minimum |
Lot Width on Curving Street or Cul-De-Sac | 45 ft. at street 80 ft. at bldg. line | Not Applicable | Not Applicable | Not Applicable | Not Applicable |
Front Yard Setback | 25 ft. | 50 ft. | 50 ft. | 50 ft. | 50 ft. |
Side Yard Setback | 10 ft. | 20 ft. | 20 ft. | 20 ft. | 20 ft. |
Rear Yard Setback | 25 ft.; 8 ft. for acc. bldg. | 25 ft. | 25 ft. | 20 ft. | 20 ft. |
Building Size | max. 5,000 sq. ft. | ||||
Max. Building Height | 35 ft. or 2 1/2 stories | 35 ft. or 2 1/2 stories | 40 ft. or 3 stories | 40 ft. or 3 stories | 40 ft. or 3 stories |
Public Open Space | 20% of the net site | ||||
NOTE: A Conditional Use may require higher development standards. Non-residential next to residential may require higher development standards.
PRD | PCD | PID | PUD | PCND |
PRD | PCD | PID | PUD | PCND | |
Min. Lot Area | 5 | None | 10 | 20 | 10 |
Min. Lot Width at building line | 350 | 350 | 500 | 750 | 350 |
Min. Frontage | 250 | 250 | 400 | 600 | 250 |
Max. Coverage | N/A | 45% | 50% | N/A | N/A |
Max. Building Height | 35 | 40 | 40 | 40 | 35 |
Max. Density | 4.0 du/acre | 4.0 du/acre | 4.0 du/acre | ||
Public Open Space | 25% of the net site | 25% of the net site | 50% of the net site | ||
(Ord. 2020-10, passed 6-15-2020)
APPENDIX C: Standard Drawings
Commercial Point Zoning Code | Table of Permitted Uses and Conditional Uses by Zoning District
| ||||||||||||
Commercial Point Zoning Code | Table of Permitted Uses and Conditional Uses by Zoning District
| ||||||||||||
Use P = Permitted CU = Conditional | R-1 | R-3 | MF-A | MFC | SO | NC | GC | LM | PRD | PCD | PID | PUD | PCND |
Residential dwellings and Associated and Public Uses | |||||||||||||
Accessory buildings and uses | P | P | P | P | P | P | P | ||||||
Accessory structures used as private kennels | CU | CU | CU | CU | |||||||||
Apartments | P | P | |||||||||||
Bed & Breakfast Inns | CU | CU | |||||||||||
Cluster housing units | P | ||||||||||||
Common wall single-family attached dwelling units | P | ||||||||||||
Condominiums (attached & detached) | P | P | |||||||||||
Family care homes & group care homes | P | ||||||||||||
Home occupations (see Ch. 1187) | CU | CU | P | P | P | ||||||||
Residential quarters as an integral part and subordinate to a permitted use | CU | CU | P | P | P | ||||||||
Residential structures containing between 2 & 4 dwelling units | |||||||||||||
Nursing & rest homes | CU | ||||||||||||
Single-family detached dwellings | P | P | |||||||||||
Single-family, two-family & multi-family | P | P | P | ||||||||||
Single-family zero lot line, attached twin singles, townhouses or other innovative forms of residential plans. | P | ||||||||||||
Institution | |||||||||||||
Colleges & universities | P | P | P | ||||||||||
Elementary & secondary schools | P | P | P | ||||||||||
Hospitals | P | P | P | ||||||||||
Museums & art galleries | P | P | P | ||||||||||
Libraries | P | P | P | ||||||||||
Nonprofit educational & scientific research services | CU | P | P | ||||||||||
Professional schools | P | P | P | ||||||||||
Religious organizations | P | P | P | ||||||||||
Research, development & testing laboratories | CU | CU | P | P | P | ||||||||
School & educational services not elsewhere classified | CU | P | P | ||||||||||
Vocational schools | P | P | P | ||||||||||
Other Uses | |||||||||||||
Agricultural operations, customary | CU | CU | |||||||||||
Athletic fields & paved parking areas | |||||||||||||
Children's nurseries, day care centers & preschool | CU | CU | CU | P | P | P | P | ||||||
Churches & other similar places of worship | CU | CU | CU | CU | P | P | P | P | |||||
Crops, grazing & other agricultural uses | |||||||||||||
Forest & wildlife preserves | P | ||||||||||||
Management for watershed, fish & wildlife, and fishing | |||||||||||||
Minor improvements such as picnic tables & park benches | |||||||||||||
Paved surfacing (i.e., bike paths, drives) | |||||||||||||
Picnic shelter, playground equipment, seating/viewing stands, restrooms, concession stands, equipment storage buildings | |||||||||||||
Private kennels | P | P | |||||||||||
Projects specifically designed for watershed protection, conservation of soil or water or flood control | P | ||||||||||||
Public buildings and/or uses supported in whole or in part by taxes or by special public assessment | P | ||||||||||||
Public & private schools | CU | CU | CU | CU | |||||||||
Public uses: | |||||||||||||
Parks | CU | CU | CU | CU | P | P | P | ||||||
Play grounds | CU | CU | CU | CU | P | P | P | ||||||
Recreational & community center building | CU | CU | CU | CU | P | P | P | ||||||
Golf courses | CU | CU | CU | CU | P | P | P | ||||||
Public swimming pools | CU | CU | CU | CU | P | P | P | ||||||
Tennis courts & similar recreational uses | CU | CU | CU | CU | P | P | P | ||||||
Recreational uses except publicly-owned and operated parks & recreational facilities | |||||||||||||
Residential lawns | |||||||||||||
Tree & sod farming | |||||||||||||
Unpaved paths & drives | |||||||||||||
Business & Professional Offices | |||||||||||||
Administrative, business and professional offices | P | P | CU | P | P | P | |||||||
Accounting, auditing & bookkeeping services | P | P | P | P | |||||||||
Architects | P | P | CU | P | P | P | |||||||
Chiropractors | P | P | P | P | P | ||||||||
Combination of real estate, insurance, loan & law offices | P | P | P | ||||||||||
Commercial & stock savings banks | P | CU | P | P | P | ||||||||
Credit agencies other than banks | P | P | P | ||||||||||
Dentists & dental surgeons | P | P | P | CU | P | P | P | ||||||
Engineers, engineering | P | P | CU | P | P | P | |||||||
Financial services | P | P | P | ||||||||||
Graphic arts & interior design | P | P | CU | P | P | P | |||||||
Health & allied services not elsewhere classified | P | P | P | P | |||||||||
Health care maintenance & emergency services | P | P | P | P | |||||||||
Insurance agents, brokers & service | P | P | P | P | |||||||||
Landscape architects | P | P | CU | P | P | P | |||||||
Legal services | P | P | P | P | P | ||||||||
Medical & allied services | CU | P | |||||||||||
Medical & dental laboratories | P | P | P | P | |||||||||
Osteopathic physicians | P | P | P | ||||||||||
Personal credit institutions | P | CU | P | P | P | ||||||||
Physicians & surgeons | P | P | P | CU | P | P | P | ||||||
Professional services not elsewhere classified | CU | P | P | ||||||||||
Real estate agents, brokers & managers | P | P | P | ||||||||||
Urban planning | P | P | CU | P | P | P | |||||||
Veterinarian offices & animal hospitals | CU | CU | P | P | |||||||||
Organizations & Associations | |||||||||||||
Business associations | P | P | P | ||||||||||
Charitable organizations | P | P | P | ||||||||||
Civic, social & fraternal associations | P | P | P | ||||||||||
Labor unions & similar labor organizations | P | P | P | ||||||||||
Nonprofit membership org. not elsewhere classified | CU | P | P | ||||||||||
Political organizations | P | P | P | ||||||||||
Professional membership organizations | P | P | P | ||||||||||
Personal & Consumer Services | |||||||||||||
Beauty shops | CU | P | P | CU | P | P | P | ||||||
Barber shops | CU | P | P | CU | P | P | P | ||||||
Business services not elsewhere classified, except research, development & testing laboratories | CU | P | P | P | |||||||||
Commercial photography studios | CU | P | P | P | |||||||||
Consumer credit reporting agencies | CU | P | P | P | |||||||||
Electrical repair | P | P | P | ||||||||||
Funeral services & crematories | CU | P | P | P | |||||||||
Furniture repair | P | P | P | ||||||||||
Garment repair & alteration | P | P | P | ||||||||||
Laundromats | P | P | P | ||||||||||
Misc. personal service | P | P | P | ||||||||||
Pressing, alteration & garment repair | P | P | CU | P | P | P | |||||||
Recycling ctrs, not to include manufacturing | CU | P | |||||||||||
Re-upholstery repair | P | P | P | ||||||||||
Shoe repair | P | P | CU | P | P | P | |||||||
Watch, clock & jewelry repair | P | P | P | ||||||||||
Retail | |||||||||||||
Accessories & personal furnishing stores | P | P | P | ||||||||||
Advertising stores | P | P | P | ||||||||||
All auto-related uses, e.g., sales & services | CU | CU | |||||||||||
Antique & secondhand stores | P | P | P | ||||||||||
Automobile car wash | CU | P | P | ||||||||||
Automobile convenience markets | CU | CU | P | P | P | ||||||||
Automobile parking | CU | P | P | ||||||||||
Automobile repair services & garages | CU | CU | P | P | P | ||||||||
Automobile service stations | CU | CU | P | P | P | ||||||||
Bicycle shops | P | P | P | ||||||||||
Blueprinting | P | CU | P | P | P | ||||||||
Bowling | CU | P | P | ||||||||||
Camera & photographic supply stores | P | P | P | ||||||||||
Candy, nut & confectionary stores | P | P | P | P | |||||||||
Cigar stores | P | P | P | ||||||||||
Clothing stores | P | P | P | ||||||||||
Commercial kennels | CU | CU | P | P | P | ||||||||
Commercial retail, subordinate to another permitted use & limited to no more than 25% of total gross floor area of all structures on the subject lot(s) | P | P | P | P | |||||||||
Convenience food markets | P | P | P | ||||||||||
Custom tailors | P | P | P | ||||||||||
Dairy products stores | P | P | P | P | |||||||||
Dance halls & studios; dance schools | CU | P | P | ||||||||||
Department stores | P | P | P | ||||||||||
Drive-up window service in association with a principal permitted use | CU | CU | CU | P | P | ||||||||
Drug stores & proprietary stores | P | P | P | P | |||||||||
Duplicating | P | P | P | ||||||||||
Eating & drinking establishments with no drive-thru window service | P | P | P | ||||||||||
Eating & drinking places | CU | P | P | P | |||||||||
Electrical supply equipment | P | P | P | ||||||||||
Electronic products | P | P | P | P | |||||||||
Farm equipment | P | P | P | ||||||||||
Florists | P | P | P | P | |||||||||
Fruit stores & vegetable markets | P | P | P | P | |||||||||
Furniture & home furnishings stores | P | P | P | ||||||||||
Furriers & fur shops | P | P | P | ||||||||||
Gasoline service stations | |||||||||||||
General merchandise, miscellaneous | P | P | P | ||||||||||
Gift, novelty & souvenir shops | P | P | P | ||||||||||
Grocery stores | P | P | P | ||||||||||
Hardware stores | P | P | P | P | |||||||||
Heating & plumbing equipment | P | P | P | ||||||||||
Hotels & motels | CU | P | P | ||||||||||
Household appliance stores | P | P | P | ||||||||||
Jewelry stores | P | P | P | ||||||||||
Liquor stores | P | P | P | ||||||||||
Lumber & other building materials | P | P | P | ||||||||||
Mail order houses, mailing | P | CU | P | P | P | ||||||||
Meat and fish (seafood) markets | P | P | P | P | |||||||||
Misc. apparel & accessory stores | P | P | P | ||||||||||
Misc. business services not elsewhere classified | P | P | P | ||||||||||
Misc. retail stores not elsewhere classified | P | P | P | ||||||||||
Music stores | P | P | P | ||||||||||
News dealers | P | P | P | ||||||||||
Optical goods stores | P | P | P | ||||||||||
Organizational hotels & lodging houses on a membership basis | CU | P | P | ||||||||||
Photocopying | P | CU | P | P | P | ||||||||
Private employment agencies | CU | P | |||||||||||
Radio stores | P | P | P | ||||||||||
Retail bakeries | P | P | P | P | |||||||||
Shoe stores | P | P | P | ||||||||||
Skating rinks | CU | P | P | ||||||||||
Sporting goods stores | P | P | P | ||||||||||
Supermarkets | P | P | P | ||||||||||
Stationary stores | P | P | P | ||||||||||
Stenography | P | CU | P | P | P | ||||||||
Swimming pools | CU | P | P | ||||||||||
Television stores | P | P | P | ||||||||||
Theaters | CU | P | P | ||||||||||
Variety stores | P | P | P | ||||||||||
Video rental stores | P | P | P | P | |||||||||
Manufacturing | |||||||||||||
Amusements | P | P | P | ||||||||||
Automobile accessories & electronic components | P | P | |||||||||||
Beverage industries | P | P | |||||||||||
Bookbinding & related industries | P | P | |||||||||||
Boot & shoe cut stock & findings | P | P | |||||||||||
Bakery products, candy & other confectionary products | P | P | |||||||||||
Books, magazines & other publications | P | P | |||||||||||
Broad & narrow woven fabric mills | P | P | |||||||||||
Commercial printing | P | P | |||||||||||
Canning & preserving fruits, vegetables & seafood | P | P | |||||||||||
Communication equipment | P | P | |||||||||||
Costume jewelry | P | P | |||||||||||
Costume novelties, buttons and misc. notions except precious metal | P | P | |||||||||||
Dairy products | P | P | |||||||||||
Dyeing & finishing | P | P | |||||||||||
Electronic components & accessories | P | P | |||||||||||
Electrical lighting & wiring equipment | P | P | |||||||||||
Equipment | P | P | |||||||||||
Floor covering mills | P | P | |||||||||||
Footwear | P | P | |||||||||||
Fur goods | P | P | |||||||||||
Glass products made of purchased glass | P | P | |||||||||||
Gloves & mittens | P | P | |||||||||||
Grain mill products | P | P | |||||||||||
Greeting cards | P | P | |||||||||||
Household appliances | P | P | |||||||||||
Household & office furniture | P | P | |||||||||||
Instruments for measuring, controlling & indicating physical characteristics | P | P | |||||||||||
Jewelry, silverware & plated ware | P | P | |||||||||||
Leather goods not elsewhere classified | P | P | |||||||||||
Luggage, handbags & other personal leather goods | P | P | |||||||||||
Manifold business forms | P | P | |||||||||||
Men's, youth's & boys' clothing | P | P | |||||||||||
Misc. apparel & accessories | P | P | |||||||||||
Misc. electrical machinery, equipment & supplies | P | P | |||||||||||
Misc. fabricated textile products | P | P | |||||||||||
Misc. textile goods | P | P | |||||||||||
Musical instruments & parts | P | P | |||||||||||
Nonferrous foundries | P | P | |||||||||||
Ophthalmic goods | P | P | |||||||||||
Optical instruments & lenses | P | P | |||||||||||
Pens, pencils & other office and artists' materials | P | P | |||||||||||
Pharmaceuticals | P | P | |||||||||||
Photographic equipment & supplies | P | P | |||||||||||
Plastic products | P | P | |||||||||||
Publishing & printing of newspapers | P | P | |||||||||||
Sausages & other prepared meat products | P | P | |||||||||||
Service industries for the printing trade | P | P | |||||||||||
Sheet metal work & machine shops, jobbing & repair | P | P | |||||||||||
Sporting & athletic goods | P | P | |||||||||||
Surgical, medical & dental instruments & supplies | P | P | |||||||||||
Toys | P | P | |||||||||||
Watches, clocks, clockwork operated devices & parts | P | P | |||||||||||
Women's, misses', children's & infants clothing | P | P | |||||||||||
Yarn & thread mills | P | P | |||||||||||
Service Industries | |||||||||||||
Carpentering & wood flooring | P | P | |||||||||||
Concrete work | P | P | |||||||||||
Electrical work | P | P | |||||||||||
General construction contractors | P | P | |||||||||||
Masonry, stonework, tile setting & plastering | P | P | |||||||||||
Misc. special trade contractors | P | P | |||||||||||
Painting, paperhanging & decorating | P | P | |||||||||||
Plumbing, heating & air conditioning | P | P | |||||||||||
Roofing & sheet metal work | P | P | |||||||||||
Water well drilling | P | P | |||||||||||
Wholesaling | |||||||||||||
Beer, wine & distilled alcoholic beverages | P | P | |||||||||||
Dry goods & apparel | P | P | |||||||||||
Electrical goods | P | P | |||||||||||
Furniture & home furnishings | P | P | |||||||||||
Groceries & related products | P | P | |||||||||||
Hardware, plumbing & heating equipment & supplies | P | P | |||||||||||
Machinery equipment & supplies | P | P | |||||||||||
Paper & its products | P | P | |||||||||||
Pharmaceuticals, chemicals & allied products | P | P | |||||||||||
Tobacco & its products | P | P | |||||||||||
Wholesaling, Warehousing & Transportation Services | |||||||||||||
Farm products & raw materials | P | P | |||||||||||
Electrical goods | P | P | |||||||||||
Hardware, plumbing & heating equipment & supplies | P | P | |||||||||||
Machinery, equipment & supplies | P | P | |||||||||||
Mini-warehouses | P | P | |||||||||||
Misc. wholesalers except scrap & waste materials | P | P | |||||||||||
Public warehousing & freight forwarding | P | P | |||||||||||
Terminal & joint terminal maintenance facilities for motor freight transportation & misc. services incidental to transportation | P | P | |||||||||||
Trucking - local & long distance | P | P | |||||||||||
(Ord. 2020-10, passed 6-15-2020)