Conneaut City Zoning Code
TITLE ONE
Zoning Ordinance
1101.01 ENACTING CLAUSE.
In pursuance of the authority granted to Ohio Municipal Corporations by the legislature of the State of Ohio in Sections 713.06 through 713.15 of the Ohio Revised Code, to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and open spaces, the density of population, the location and use of buildings and structures, and land for trade, industry, residence, or other purposes; that the City of Conneaut be divided into districts as hereinafter described, and that the regulations, restrictions, and boundaries of districts shall be established and enforced in this Zoning Ordinance; and prescribe penalties for the violation of its provisions and to repeal all prior zoning ordinances and all amendments thereto.
(Ord. 33-82. Passed 2-22-82.)
1101.02 TITLE.
This Zoning Ordinance shall be known as the "Zoning Ordinance of the City of Conneaut, Ohio." The map herein referred to, which is identified by the title "Official Zoning Districts Map of Conneaut, Ohio", dated February 22, 1982 and all explanatory matter thereon are hereby adopted and made a part of this Zoning Ordinance.
(Ord. 33-82. Passed 2-22-82.)
1101.03 STATEMENT OF INTENT.
The zoning regulations and districts as herein set forth have been made in accordance with a Comprehensive Plan for the purpose of promoting the public health, safety, morals, and convenience, order, prosperity, and general welfare of the community. These regulations have been designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. These regulations have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land thoughout the City. Finally, this Zoning Ordinance is intended to encourage sound and orderly growth for Conneaut.
(Ord. 33-82. Passed 2-22-82.)
1101.04 INTERPRETATION.
(a) In their interpretation and application the provisions of this Zoning Ordinance shall be held to be minimum requirements. Whenever this Zoning Ordinance imposes greater restrictions than are imposed or required by other rules or regulations, the provisions of this Zoning Ordinance shall govern.
(b) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(c) The word "shall" is considered mandatory; and the word "may" is permissive; and the word "should" as preferred or desirable.
(d) The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for".
(Ord. 33-82. Passed 2-22-82.)
1101.05 SEVERABILITY.
If any phrase, clause, sentence, provision, paragraph, section, or part of this Zoning Ordinance shall be judicially declared to be invalid or unconstitutional the remaining phrases, clauses, sentences, provisions, paragraphs, sections or parts thereto shall not be affected thereby, but shall remain in full force and effect.
(Ord. 33-82. Passed 2-22-82.)
1103.01 STATEMENT OF INTENT.
"ACCESS DRIVE" A paved strip, which provides a vehicular connection between off-street parking spaces and a public street.
"ACCESSORY STRUCTURE" means a subordinate building and/or structure located on the property used to house animals such as a dog kennel or dog house, portable dog enclosure, garages, play equipment, shed, or other similar structure incidental to the principal use of the property.
"ACCESSORY USE" means a use customarily incidental to and subordinate to the principal use of the land or building, and located on the same lot with such building or principal land use.
"AGRICULTURE" means farming, ranching, aquaculture; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking and related activities; animal husbandry, including but not limited to the care and raising of livestock, equine and related equine activities including but not limited to grooming, training, showing; poultry, husbandry and the production of poultry and poultry products, dairy production; the production of field crops; timber, pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
"ANIMAL KENNEL" means a place where domestic pets are kept, raised, boarded, or trained for remuneration.
"APARTMENT" means a part of a building consisting of a room or suite of rooms, intended, designed, or used as a residence by an individual or single family.
"APPEAL" means a request for a review of the Zoning Inspector's interpretation of any provision of this Zoning Ordinance or a request for a variance.
"AREA OF BUILDING" means area at the ground level of the main building and all accessory buildings - excluding terraces, and steps - measured from outside surface of exterior walls.
"AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.
"AUTOMOBILE WRECKING YARD" means any land or building or other structure used primarily for the dismantling or storage of motor vehicles for the purpose of converting such dismantled motor vehicles into scrap metal or salvageable parts.
"AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER, AND FARM IMPLEMENT SALES" means the sale or rental of new and used motor vehicles, mobile homes, travel trailers, or farm implements.
"AUTOMOTIVE REPAIR" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.
"AUTOMOTIVE SERVICE STATION" means buildings and premises where gasoline, oil, grease, batteries, tires, and motor vehicle accessories may be supplied and dispensed at retail. Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.
"AUTOMOTIVE AND AUTO ACCESSORY SALES" means an area within a building or open area other than a street used for display, sales, or rental of motor vehicles, or parts or accessories used in conjunction therewith, such as mechanical parts, radios, tires and batteries with on-site installation.
"BASE FLOOD" means the flood having a one percent chance of being equaled or exceeded in any given year.
"BASEMENT" means an area below the first floor, having part but no more than one-half (½) of its height above grade.
"BED AND BREAKFAST" means a single-family dwelling which is a residence occupied by the owner or designated employee that offers sleeping accommodations in four or fewer rooms as transient lodging and one meal is provided for compensation
"BEGINNING OF CONSTRUCTION" means the initial excavation work on a particular construction project, prior to incorporation of equipment and materials.
"BLUFFLINE" means the line which is the edge or crest of the elevated segment of the shoreline above the beach which normally has a precipitous front inclining steeply on the lakeward side.
"BOARD OF ZONING APPEALS" means the Board of Zoning Appeals of the City of Conneaut, a local body, created by ordinance, whose responsibility is to hear appeals from decisions of the local zoning administrative official and to consider requests for variances and exceptions (special use permits, conditional use permits) permissible under terms of the Zoning Ordinance.
"BUILDING" means any structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines and used as a shelter or enclosure for persons, animals, or property.
"BUILDING HEIGHT" means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the mean height level between eaves and ridges for gable, hip, and gambrel roofs.
"BUILDING LINE" means a line defining the minimum front, side and rear yard requirements.
"BUSINESS, GENERAL" means commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving day-to-day needs of the community, also supply the more durable and permanent needs of the whole community.
"BUSINESS, HIGHWAY AND COMMUNITY" means commercial uses which generally require locations on or near major thoroughfares, and which tend to provide highway service type facilities primarily aimed at servicing the traveling public.
"BUSINESS, HIGHWAY SERVICE" means commercial establishments which cater to and are located in close proximity to a major arterial interchange, such as the interstate highway.
"CAMP GROUNDS AND SITE" means an area or place that is used for camping; a place where people can put up a tent or park a camper or trailer and that usually has toilets and showers for campers to use. A camp ground may also have cabins, with or without toilets and showers, used for sleeping.
"CEMETERY" means land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
"CERTIFICATES OF ZONING COMPLIANCE" means an enforcement device which, in reference to a certain class of structure (usually multiple-family dwellings), incorporates in one document an indication of conformance, or lack thereof, with the Zoning Code, which may apply to a specific property. This certificate puts prospective purchasers on notice that the property may be nonconforming or in actual violation of local codes and what must be done to achieve compliance. It also helps considerably in code administration and enforcement.
"CHURCH" means a building used principally for religious worship, but the word "church" shall not include or mean an undertaker's chapel or funeral building.
"CLOTHING BIN/DONATION/DROP OFF BOX" means any container, structure, or receptacle held out to the public as a place for people to drop off articles of clothing and to store such clothing until carted away.
"COMPREHENSIVE PLAN" means a plan, or any portion thereof, adopted by the Planning Commission and the legislative authority of the City of Conneaut showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.
"COMMISSION". See Planning Commission.
"CONDITIONAL USE" means a use permitted within a district other than a principally permitted use, requiring a Conditional Use Permit and approval of the Board of Zoning Appeals that all prior conditions for approval have been met.
"CONDITIONAL USE PERMIT" means legal authorization to undertake a conditional use, issued by authorization of the Board of Zoning Appeals consisting of two parts: (1) a statement of the factual determination by the Board of Zoning Appeals which justifies the issuance of the permit, and (2) a statement of the specific conditions which must be met in order for the use to be permitted.
"CONTROLLED ACCESS HIGHWAY" means a divided arterial highway for traffic with full or partial control of access and generally with grade separations of intersections.
"COUNCIL" means the City Council of Conneaut, Ohio.
"DAY CARE CENTER" means any place in which child day-care is provided for five or more infants, pre-school children, or school-age children, or school-age children outside of school hours in average daily attendance, other than the children of the owner or administrator of the center, with or without compensation.
"DENSITY" means a unit of measurement; the number of dwelling units per acre of land. The control of density is one of the basic purposes of zoning.
"DEVELOPMENT" means any manmade change to improved or unimproved real estate, including but limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within an area of special flood hazard.
"DRIVEWAY" means a short private road, whether individually owned or shared between property owners, that leads to a house or garage which is maintained by an individual or group used for driving, servicing, parking or otherwise accommodating motor vehicles. On large estates, a driveway may be the road that leads to the house from the public road, possibly with a gate in between. A driveway may also refer to a small apron of pavement in front of a garage with a curb cut in the sidewalk. A driveway may be paved with asphalt or concrete, stone or unpaved.
"DWELLING" means any building or structure (except a house trailer or mobile home as defined by Ohio Revised Code 4501.01) which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.
"DWELLING UNIT" means space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
"DWELLING, SINGLE FAMILY" means a dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
"DWELLING, TWO-FAMILY" means a dwelling consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
"DWELLING, MULTI-FAMILY" means a dwelling(s) consisting of three or more dwelling units including condominiums and townhouses with varying arrangements of entrances and common walls. Multi-family housing may include public housing and industrialized units.
"DWELLING, INDUSTRIALIZED UNIT" means an assembly of materials or products comprising all, or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and when installed, constitutes a dwelling unit, except for necessary preparations for its placement, and including a modular or sectional unit which clearly shows an industrialized seal but not a mobile home.
"EASEMENT, UTILITY" means privately-owned land reserved for the installation and maintenance of public utility facilities, such as water, sewer, or utility lines.
"EASEMENT, FOR ACCESS" means an open, unoccupied space or private way, other than a street, alley, or place, which is permanently reserved as the principal means of vehicular access to abutting property, and the terms of use that are of public record.
"ESSENTIAL SERVICE" means the erection, construction, alteration, or maintenance by public utilities, railroads or municipal department or commissions of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, and including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health or safety or general welfare.
"FAMILY" means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.
"FARM" means any parcel of land containing at least ten (10) acres which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes farm structures incidental to the agricultural operation and necessary for the owners or operators of the agricultural use.
"FARM ANIMAL" means horses, ponies, mules, burros, sheep, cattle, rabbits, pigs, goats, ostrich, emu, rhea, llamas, alpacas or similar animals not normally considered a domestic animal or customary household pet.
"FARM DWELLING" means a residence for the owner and/or operation of the agricultural use.
"FEDERAL INSURANCE ADMINISTRATION" means the agency in the Federal Emergency Management Agency responsible for administering the national flood insurance program.
"FENCE" An accessory structure of definite height and location intended to serve as a decorative site feature located along the property lines; a physical barrier to ingress or egress; a screen from objectionable vista or noise; a marker; or an enclosure carrying out the requirements of this document.
"FLOATING (UNMAPPED) ZONE" means a zoning district whose requirements are fully described in the text of the Zoning Ordinance but which is unmapped. It is "anchored" to the land in response to an applicant's petition for a rezoning, almost invariably through legislative action.
"FLOOD OR FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or,
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
"FLOOD INSURANCE RATE MAP (FIRM)" means an official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"FLOOD INSURANCE STUDY" means the official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than .5 foot (1/2 foot).
"FLOOR AREA, GROSS" means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the walls or from the centerline of walls separating two buildings, but not including:
(1) Attic space providing headroom of less than seven feet four inches (7'4") for less than one-third (1/3) of the attic floor area.
(2) Basement space.
(3) Uncovered steps of fire escapes.
(4) Private garages, carports or porches.
(5) Accessory water towers or cooling towers.
(6) Accessory off-street parking spaces.
(7) Accessory off-street loading berths.
"FRONTAGE" means the frontage, or front, of a lot that is the side nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yard requirements.
"GOLF COURSES" means a public or private area operated for the purpose of playing golf and includes a par three golf course but does not include a driving range or miniature golf course.
"GARAGE, PRIVATE" means a building or portion thereof, designed or used for the storage of motor driven vehicles or unoccupied trailers, all of which are owned by a person living on the premises.
"GARAGE, PUBLIC" means a building or portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor- driven vehicles.
"GRADE LEVEL-AVERAGE FINISHED" means the average of the grade of the ground at all corners of the building or other structures.
"GRADE-ESTABLISHED STREET" means the elevation established by the City or State, at the roadway center line or curb in front of the lot.
"GRADE-FINISHED" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
"GRADE-NATURAL" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
"HABITABLE FLOOR" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof.
"HEALTH DEPARTMENT" means the City of Conneaut Health Department, responsible for maintaining state and local health regulations.
"HOME OCCUPATION" means an occupation carried on by a resident of a dwelling as an incidental or secondary use within the same dwelling or garage.
"HOSPITAL, ANIMAL" means any building or other enclosed structure containing spaces for any animals not belonging to the operator of such facility which allows for overnight or continuous care, diagnosis and treatment of animal illnesses or injuries.
"HOSPITAL, HUMAN" means any building or other structure containing beds for at least four (4) patients allowing for overnight or continuous care, diagnosis and treatment of human ailments.
"HOTEL" means every establishment, including Bed and Breakfast and Short-Term Rentals as defined Section 1133.01, kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered to guests, in which one or more rooms are used for the accommodations of such guests, whether such room or rooms are in one of several structures.
"INDUSTRIAL BUILDING" means any building or structure used for the purpose of manufacturing, processing, testing, and similar industrial use, which may generate some objectionable characteristics, such as noise, smoke, dust or pollution, requiring large sites, open storage and service areas and ready access to major transportation routes.
"JUNK YARD" means an establishment or place of business which is maintained or operated for the purpose of storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. For the purpose of this Zoning Ordinance, the term "junk yard" shall also include scrap metal processing facilities which are located within 500 feet of the nearest edge of the right-of-way of a public highway, street, or road located in the City of Conneaut.
"LOADING SPACE, OFF-STREET" An area located completely outside of any public right-of-way and on the same lot with a building or contiguous to a group of buildings, for the temporary parking of vehicles entering the premises for loading or unloading merchandise or materials.
"LOT" means a parcel of land occupied or intended for occupancy by a use permitted in these regulations, including one or more main buildings together with the accessory buildings, yard areas, and parking spaces required by these regulations, and having its principal frontage upon a street or easement of access.
"LOT AREA" means the total horizontal area within the lot lines of a lot.
"LOT, CORNER" means a lot abutting upon two or more streets at their intersection.
"LOT, DOUBLE FRONTAGE OR THROUGH" means an interior lot having frontage on two streets and where access to both streets is unrestricted.
"LOT, INTERIOR" means a lot other than a corner lot.
"LOT LINES" means the lines bounding a lot as defined herein.
"LOT LINE, FRONT" means the line separating the lot from the street on which the lot fronts. On a corner lot, the owner or developer may elect either street line as the "front lot line" subject to the approval of the Zoning Inspector. The Zoning Inspector shall approve such choice if he finds that such "front lot line" will not be injurious to existing or desirable future development of adjacent properties.
"LOT OF RECORD" means a lot which is part of a recorded subdivision or a parcel of land which has been recorded at the County Recorder's Office containing property tax records. Such lot must have remained within its original lot lines prior to the enactment of this Zoning Ordinance.
"MANUFACTURING" means manufacturing or other industrial uses which are usually controlled operations; and which by nature of the materials, equipment and process utilized, are not objectionable by reason of odor, noise, vibration, cinders, gas, fumes, dust, smoke, refuse matter or water-carried wastes. Any manufacturing or industrial process permitted in an "M" District shall comply with the performance standards.
"MOBILE HOME" means any non-self-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks, or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of four thousand five hundred (4,500) pounds and an overall length of forty (40) feet. Such mobile home unit shall not bear an industrialized seal.
"MOBILE HOME PARK" means any site, or tract of land under single ownership, upon which three (3) or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
"MOBILE HOME PARK, EXISTING" means a parcel of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities servicing the lot on which the mobile home is to be affixed, is completed before the effective date of this Zoning
Ordinance.
"MOBILE HOME SPACE" means a plot of ground, in a mobile home park, designed for the accommodation of one (1) mobile home.
"MOTEL" means a building or group of buildings whether detached or in connected units, used as individual sleeping units, designed primarily for transient automobile travel, and providing for accessory off-street parking facilities and which may include one (1) dwelling unit for a bona fide caretaker or operator. The term "motel" includes buildings designed as auto courts, tourist courts, motor lodges, and similar terms.
"NEW CONSTRUCTION" means structures for which the start of construction commenced on or after the effective date of this Zoning Ordinance.
"NONCONFORMITIES" means lots, structures, uses of land and structures, and characteristics of uses, which are prohibited under the terms of the Zoning Ordinance, but were lawful at the date of the Zoning Ordinance's enactment.
"NURSING HOME, REST HOME" means any institution, however named, maintained for the care or treatment of two (2) or more individuals unrelated to the owner or operator or their spouses, employing nursing services or procedures in the care for such residents, that require treatment, technical knowledge, and skills beyond that which the untrained person possesses.
"OVERLAY ZONE" means a set of zoning requirements that is described in the Zoning Ordinance text, is mapped, and is imposed in addition to those of the underlying district. Developments within the overlay zone must conform to the requirements of both zones or the more restrictive of the two. It usually is employed to deal with special physical characteristics such as flood plains.
"PARKING SPACE" An area, exclusive of drives, defined by painted lines, raised curbs or a combination thereof, outside the public street right-of-way that is used for the parking or temporary storage of a motor vehicle. It may be either open land or within a structure, partially or wholly enclosed.
"PASSENGER-TRANSPORTATION AGENCY" means a place, building, or part thereof where merchandise, property, or freight transported by motor vehicles, is received, stored, transferred, loaded, unloaded, delivered, or dispatched, and shall include any parking space, gasoline filling station, service or repair shop, or other accessory service operated in conjunction therewith.
"PERFORMANCE STANDARDS" means a minimum requirement or maximum allowable limit on the effects or characteristics of an industrial or manufacturing use.
"PERMITTED USES" means a use by right which is specifically authorized in a particular zoning district.
"PLANNING COMMISSION" means the Planning Commission of the City of Conneaut, Ohio, a public agency empowered to prepare a comprehensive plan and to evaluate proposed changes in land use, either by public or private developers, for conformance with the plan.
"PLANNED UNIT DEVELOPMENT(PUD)" means an area of land in which a variety of housing types and open space facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision such as rezoning procedures, and building design principles.
"POND" means a body of standing water smaller than a lake, often artificially formed. Such pond shall not be used as a swimming pool, as defined, unless it follows the swimming pool regulations contained in this Zoning Ordinance.
"POULTRY" means any domesticated fowl kept in confinement, except for doves and pigeons, that are bred for the primary purpose of producing eggs or meat for human consumption. "Poultry" includes chickens, turkeys, waterfowl, and game birds.
"PUBLIC USES" means public parks, schools, administrative and cultural buildings and structures owned and maintained by the City, Township or any government, board, or authority, and including public land or buildings devoted solely to the storage and maintenance of equipment and materials.
"PUBLIC WAY" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, bicycle path; or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
"RAILROAD RIGHT-OF-WAY" means that portion of railroad lands parallel to the trackage, either main line or spur, whether installed, proposed, or reserved, but owned. Such right-of-way shall be at least twelve (12) feet from the outside rail. In cuts the right- of-way maximum shall be at the top of the slope and in fill at the toe of the slope. Such right-of-way shall allow for normal maintenance and repair of existing tracks and track bed.
"RECESSION RATE" means the year-to-year loss of the bluffline due to erosion, slumping, and movement of water in Lake Erie.
"RECREATION FACILITIES" means public or private facilities depending upon the scope of services offered and the extent of use. Facilities generally require and utilize considerable areas of land and include, but need not be limited to hunting, fishing, riding clubs, parks, miniature golf courses, amusement parks, and stadiums.
"RESOURCE AND MINERAL EXTRACTION" means any mining, quarrying, lumbering, oil or gas production, excavating process for the removal of any soil, earth, clay, sand, gravel, rock or mineral in order to supply material for construction, or energy supply, but shall not include an excavation incidental to the erection of a building or structure for which a building permit has been granted by the City.
"RETAIL ESTABLISHMENT" means any business normally found in a business district, where goods or services are offered for sale or rental directly to the consumer.
"SCHOOL, ELEMENTARY, SECONDARY, PUBLIC, OR PRIVATE" means an institution which offers instruction in the several branches of learning and study required to be taught in schools by the Ohio Common School Laws. (High-school includes junior and senior).
"SHOPPING CENTER" means commercial establishments which generally require locations on or near major thoroughfares and/or their intersection, and which tend, in addition to serving day-to-day needs of the community, also supply the more durable and permanent needs of the whole community.
"SHORT-TERM RENTAL" means the rental of a single-family or two-family dwelling or portion thereof used for the purpose of providing lodging of four (4) or fewer rooms for periods of less than 30 days with or without being occupied concurrently by the owner/operator. A short-term rental shall not include a house-swap or home-exchange arrangement.
"SIGN" means an identification, description, illustration, or device which is affixed to or represented, directly or indirectly, upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business.
"SIGN, ADVERTISING" means a sign which directs attention to a business, product, activity, or service which is not necessarily conducted, sold, or offered upon the premises where such sign is located.
"SIGN, BUSINESS" means a sign which directs attention to a business, profession, service, product, activity, or entertainment, sold or offered upon the premises where such sign is located.
"SOLID WASTE" means unwanted residual solid or semisolid material including sludge as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining or demolition operations and slag and other substances which are harmful or inimical to public health or considered as a hazardous waste by the Environmental Protection Agency.
"SOLID WASTE FACILITIES" means facilities for the collection, storage, treatment, utilization processing, transporting or final disposal of solid waste.
"STATEMENT OF INTENT" means a statement of policy or objectives, often incorporated in a zoning ordinance, which outlines the broad purpose of the ordinance and its relationship to the comprehensive plan; frequently, a statement preceding regulations for individual districts, which helps to characterize the districts, and their legislative purpose. When the application of particular district requirements is challenged in court, the courts rely on the intent statement in deciding whether the application is reasonable and related to a defensible public purpose.
"STORAGE BUILDING" means all buildings and structures or parts thereof shall conform to the State of Ohio Building Code for design and building specifications. Such structures may be used for the storage of goods, wares or merchandise, and combustible materials. All such uses shall conform to the performance standards.
"STORY, FIRST" means the lowest story or the ground story of any building, the floor of which is not more than twelve (12) inches below the average contact ground level at the exterior walls of the building, except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the first story.
"STREET" means a public or private thoroughfare which affords the principal means of access to abutting property.
"STREET RIGHT-OF-WAY LINE" means a dividing line between a lot or tract and a contiguous street.
"STRUCTURE" means anything constructed or erected, the use of which requires location on, in, or under the ground, or attachment to something having a location on the ground, including buildings, and walls or fences exceeding four and one half (4½) feet in height. In these regulations reference to buildings includes structures and vice versa.
"SUBSTANTIAL IMPROVEMENT" means any structural alteration, repair, reconstruction, or improvement of a structure the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences.
"SWIMMING POOL, CLUB" means an artificial body of water with a controlled water supply, over eighteen (18) inches in depth, or two-hundred (200) square feet of surface area, used collectively by numbers of persons for swimming or recreative bathing and where such persons are members of a club or association having twenty-five (25) or more members, or families of club members, or guests of club members and where the public is otherwise excluded.
"SWIMMING POOL, PRIVATE" means an artificial body of water with a controlled water supply over eighteen (18) inches in depth or two-hundred (200) sq. ft. of surface area, to be used solely without payment of any fee for use or swimming lessons.
"SWIMMING POOL, COMMUNITY" means an artificial body of water with a controlled water supply over eighteen (18) inches in depth or two-hundred (200) sq. ft. of surface area, used collectively by numbers of persons for swimming, or recreative bathing, but not including family swimming pools or club swimming pools.
"TEMPORARY STRUCTURE" means structures of a temporary nature erected for a period not to exceed twelve (12) months for such uses as construction offices or storage buildings at a construction site.
"TRAILER, UTILITY OR VACATION" means any vehicular or similar portable structure used at temporary site locations such as trailers at a construction site, or a vacation trailer. The term "trailer" does not mean "mobile home" as defined and used in this Zoning Ordinance.
"USE" means the purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.
"VARIANCE" means a device which grants a property owner relief from certain provisions of the Zoning Ordinance when, because of the particular physica1 surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. A variance may be granted, for example, to reduce yard or setback requirements, or the number of parking or loading spaces, or to increase the permitted size of a sign. Authority to decide variances usually is vested in the Board of Zoning Appeals.
"VISIBILITY AT INTERSECTIONS" means on a corner lot in any residential district in which nothing is permitted to be built, placed or grown in a way that would impede visibility. Its purpose is to assure that vehicles and pedestrians have adequate and safe visibility
"WELL" means any borehole, whether drilled or bored for production, extraction, or injection of any gas or liquid mineral, excluding potable water to be used as such, but including natural or artificial brines and oil field water.
"WHOLESALE ESTABLISHMENT" means an establishment that engages in the sale of goods, merchandise and commodities for resale by the purchaser.
"YARD" means an open space, other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward.
"YARD, FRONT" means a yard extending across the full width of a lot and measured perpendicularly between the street right-of-way line and the front line of the building structure.
"YARD, REAR" means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the main building.
"YARD, REQUIRED" means the minimum open space as specified in these regulations for front, side, street side, and rear yards, as distinguished from any yard in excess of the minimum required.
"YARD, SIDE" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main building.
"ZONING" means a police power measure, enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within each district.
"ZONING CERTIFICATE" means the document issued by the Zoning Inspector authorizing building, structures or uses consistent with the terms of this Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.
"ZONING DISTRICT" means any area of the City of Conneaut, within which the zoning regulations are uniform.
"ZONING DISTRICTS MAP" means the map setting forth the boundaries of the zoning districts of all of the City of Conneaut, Ohio.
"ZONING INSPECTOR" means the Zoning Inspector of the City of Conneaut, a local official responsible for granting zoning permits and, following a determination by the Board of Zoning Appeals, for special permits and variances. The Zoning Inspector shall administer and enforce the Zoning Ordinance for the City of Conneaut.
"ZONING ORDINANCE" applies to Zoning Ordinance No. 33-82 passed in 1982, and any further amendments as approved by the City Council. The Zoning Ordinance consists of two parts: a text and a map. (Ord. 97-21. Passed 5-9-22.)
1105.01 STATEMENT OF INTENT.
The Conneaut City Council may by ordinance, after receipt of recommendation from the Planning Commission and following the required public hearing held by City Council, amend, supplement, change, or repeal the regulations, restrictions, and/or zoning district boundaries or classifications of property whenever the public necessity, convenience, general welfare, provision of the Comprehensive Plan, or good zoning practices require.
(Ord. 33-82. Passed 2-22-82.)
1105.02 INITIATION OF AMENDMENTS.
A proposed amendment of the Zoning text or map may be initiated by the Planning Commission or Council. If initiated by the Council, it shall be referred to the Planning Commission. It may be initiated by the filing of an application by a majority of the owner(s) of the property site to be changed or affected by the proposed amendment. Council shall request the P1anning Commission to undertake a review of the Zoning Ordinance every four (4) years.
(Ord. 33-82. Passed 2-22-82.)
1105.03 ACTION OF THE PLANNING COMMISSION.
(a) The Planning Commission must act upon each proposed amendment prior to the consideration of same by Council. A request for amendment may arrive before the Commission in three (3) ways.
(1) The adoption of a motion by the Planning Commission.
(2) The adoption of a resolution by Council, and subsequent transfer to the Planning Commission.
(3) The filing of an application by the property owner(s) or any other person having an interest in the premises affected.
(b) Applications. Applications for amendments to the Official Zoning Districts Map adopted as part of this Zoning Ordinance by Chapter 1109 shall contain at least the following information.
(1) Name, address, and phone number of applicant.
(2) Location of the property, and the present and proposed zoning district.
(3) A vicinity map with a legal description based on a survey at a scale approved by the Zoning Inspector showing the property lines, streets, existing and proposed zoning and such other items as may be required.
(4) Present and proposed uses.
(5) Proposed amendment to the text, if applicable.
(6) Plat layout drawn to scale, showing the actual shape and dimensions of the lot(s) or parcel(s) within two hundred (200) feet thereof and showing the building, uses and zoning classifications therefor, which shall be attached to each application.
(7) The owners’ names and address of all properties within the petitioned rezoning site and within two hundred (200) feet of the rezoning site shall be furnished to the Planning Commission by the applicant(s).
(8) A statement on how the proposed amendment relates to the Comprehensive Plan.
(9) A fee as established by City Council, according Section 1137.13.
Applications for amendments proposing to amend, supplement, change, or repeal portions of this Zoning Ordinance other than the Official Zoning Districts Map shall include items in subsections (b)(1), (5), (8), and (9) listed above.
(c) Planning Commission Meeting. When said request for amendment arrives before the Commission a public meeting may be held at the discretion of the Commission. The Commission shall give notice of the time, place, and purpose of the public meeting to be held by it on the proposed amendment or supplement. The intention of this section is to provide, so far as may be practical, due notice to the persons substantially interested in the proposed change that an application is pending before the Commission, proposing to make a change in the Official Zoning Districts Map or the regulations set forth in this Zoning Ordinance. When said request for amendment arrives before the Commission, such request shall be reviewed in relation to any planned major improvements to occur in the City. If it is determined that a major improvement is to occur within five (5) years the City has the right to disallow the granting of any amendments or permits (zoning, building, sign, etc.) within the impacted area.
(d) Submission to Ohio Director of Transportation. Before any zoning amendment is approved affecting any land within three hundred (300) feet of the centerline of a proposed new highway or high way for which changes are proposed as described in the certification to local officials by the Ohio Director of Transportation, or within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered mail to the Director of Transportation. The Commission may proceed as required by law, however, the City Council shall not approve the amendment for one hundred twenty (120) days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the City that he shall proceed to acquire the land needed, then the City shall refuse to approve the rezoning. If the Director of Transportation notifies the City that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the City shall proceed as required by law.
(e) Recommendation by Planning Commission. Within sixty (60) days from the receipt of the proposed amendment, the Commission shall transmit its recommendation to City Council.
(Ord. 33-82. Passed 2-22-82.)
1105.04 ACTION OF THE CITY COUNCIL.
(a) City Council Hearing. After receiving from the Commission the recommendation on the proposed amendment, the Council shall advertise and hold a public hearing thereon. For all proposed text or map amendments at least one (1) notice of said public hearing shall be given in a newspaper of general circulation in the municipality at least thirty (30) days prior to the date of the hearing.
(1) Where the proposed amendment is to affect a change in the Official Zoning Districts Map, written notice of the hearing shall be mailed by the Clerk of Council by first-class mail at least ten (10) days prior to the date of said hearing to the owners of all property within two hundred (200) feet of any part of the property proposed to be changed. The failure of delivery of such notice shall not invalidate any such amendment.
(2) The published and mailed notification shall set forth the time and place of the public hearing and a summary of the proposed amendment. During the thirty (30) day advertising period, the text or copy of the text of such ordinance or amendment and the maps, plans, and reports submitted by the Commission shall be on file for public examination in the office of the Clerk of Council.
(3) After the public hearing the Council may adopt the proposal as recommended by the Commission by a majority vote of its entire membership. If the Council modifies the proposal, it shall resubmit the proposed modification to the Commission for further consideration and approval. The Council may adopt the modified proposal without the approval of the Commission by a three-fourths (¾) vote of the full membership of the Council. The Clerk of Council shall submit a copy of any action in regard to this Zoning Ordinance to the Commission.
(Ord. 33-82. Passed 2-22-82.)
1105.05 ANNEXATION.
All land annexed to the City of Conneaut subsequent to the adoption of this Zoning Ordinance shall remain subject to the previous County or Township zoning district until such time as the Official Zoning Districts Map is amended according to the provisions of this chapter. All land annexed to the City of Conneaut which, prior to annexation, is not subject to County or Township zoning shall remain unzoned until the Official Zoning Districts Map is amended according to the provisions of this chapter.
(Ord. 33-82. Passed 2-22-82.)
1107.01 INTENT.
The intent of this section is to provide for the eventual and equitable elimination of nonconforming lots, nonconforming uses of land and nonconforming structures which do not conform to the provisions of this Zoning Ordinance, but which were in operation prior to the enactment of this Zoning Ordinance. Nonconforming lots, uses, and structures are declared to be incompatible with the permitted uses in the district involved and shall not be used as a basis for adding other prohibited structures or uses in the same district. The completion, restoration, reconstruction, extension, or substitution of nonconforming uses shall be permitted based upon such reasonable terms as set forth in this Zoning Ordinance.
(Ord. 33-82. Passed 2-22-82.)
1107.02 SINGLE NONCONFORMING LOTS OF RECORD.
In any district in which single family dwellings are permitted, a single-family dwelling and customary accessory structures may be erected on any single lot of record at the effective date of adoption of this Zoning Ordinance notwithstanding limitations imposed by other provisions of this Zoning Ordinance. Provided, such lot has remained within its original lot lines and ownership prior to the adoption of this Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
The sum of the side yard widths on any such lot shall not be less than thirty percent (30%) of the width of the lot, but in no case shall the width of any side yard be less than ten percent (10%) of the width of the lot; provided, however, that on a corner lot, the width of the side yard adjoining the side street lot line shall not be less than eight (8) feet or twenty percent (20%) of the frontage, whichever is the greater. The depth of the rear yard of any such lot need not exceed twenty percent (20%) of the depth of the lot, but in no case shall it be less than twenty (20) feet. The Board of Zoning Appeals may grant a variance where the strict application of the provisions of this Zoning Ordinance would result in impractica1 or unnecessary hardships in complying with the minimum yard requirements for the district in which such lot is located. All dimensions shown relating to the location and size of the lots to be built upon, shall be based on actual survey or current legal description.
(Ord. 33-82. Passed 2-22-82.)
1107.03 NONCONFORMING LOTS OF RECORD IN COMBINATION.
If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of this Zoning Ordinance and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Ordinance and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Ordinance. All dimensions shown relating to the location and size of the lots to be built upon, shall be based on actual survey or current legal description.
(Ord. 33-82. Passed 2-22-82.)
1107.04 NONCONFORMING USES OF LAND.
The lawful use of any land existing at the effective date of adoption or amendment of this Zoning Ordinance may be continued although such use does not conform with the regulations of this Zoning Ordinance, providing the following provisions are met:
(a) A nonconforming use shall not be extended, enlarged, or increased to occupy any additional land beyond that land parcel on which it was located at the effective date of this Zoning Ordinance.
(b) If any such nonconforming uses of land are voluntarily discontinued or abandoned for more than two (2) years any subsequent use of land shall conform to the regulations specified in this Zoning Ordinance for the district in which such land is located.
(c) No additional structure not conforming to the requirements of this Zoning Ordinance shall be erected in connection with such nonconforming use of land.
(d) Nonconforming uses established after the effective date of this Zoning Ordinance shall be declared as illegal nonconforming uses and shall be discontinued no more than twenty (20) days following the date of violation notice. Any person who fails to comply with this requirement is subject to penalties as specified in Section 1137.12.
(e) A nonconforming use may be substituted by another nonconforming use, if no structural alterations, except those required by law or resolution, are made; provided, however, that any use so substituted shall be of the same or a more restricted nature.
(Ord. 33-82. Passed 2-22-82.)
1107.05 NONCONFORMING STRUCTURE.
A lawful structure existing at the effective date of adoption or amendment of this Zoning Ordinance may be continued although such structure does not conform to the area, height or yard provisions of this Zoning Ordinance, providing the following provisions are met:
(a) A nonconforming structure may be enlarged no more than twenty-five percent (25%) of its assessed real value for tax purposes by the County Auditor. Such enlargement shall be approved by the Board of Zoning Appeals by the following criteria:
(1) No nonconforming function shall be detrimental to neighboring properties;
(2) There shall be no flashing lights on neighboring properties;
(3) There shall be no increase in noise, odor, or lights affecting neighboring properties.
(b) A nonconforming structure destroyed or damaged by fire, collapse, explosion, or Acts of God may be reconstructed and the nonconforming structure continued although such use does not conform to the regulations of this Zoning Ordinance. Reconstruction shall begin on a nonconforming structure within two (2) years from the date said nonconforming use was destroyed or damaged by fire, collapse, explosion, or Acts of God. If at the end of the two (2) year period the structure has not been rebuilt, such discontinuance shall be considered as conclusive evidence of an intention to abandon legally the nonconforming structure.
(c) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done for ordinary repairs. Nothing in this Zoning Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 33-82. Passed 2-22-82.)
1109.01 ESTABLISHMENT OF DISTRICTS.
For the purpose of this Zoning Ordinance, the City of Conneaut is hereby divided into the following districts, each district being of such number, shape, kind and area and of such common unity of purpose that are considered most suitable in carrying out the purposes of this Zoning Ordinance.
A-1 Agricultural District R-1 Suburban Residential District R-2 Urban Residential District R-3 Urban Residential District R-4 Urban Residential District R-5 Coastal Residential District B-1 Highway Service Business District B-2 Highway and Community Business District B-3 General Business District B-4 Coastal Business District M-1 Industrial District O-1 Open Space District
F-1 Flood Plain District |
(Ord. 33-82. Passed 2-22-82; Ord. 219-92. Passed 1-25-93.)
1109.02 OFFICIAL ZONING DISTRICTS MAP.
The boundaries of the districts established in Section 1109.01, are bounded and defined as shown on the Official Zoning Districts Map of the City of Conneaut, Ohio which accompanies this Zoning Ordinance, and said map with all notations, reference, and other pertinent materials shown thereon is hereby made a part of this Zoning Ordinance as is fully described herein.
(a) Identification. The Official Zoning Districts Map shall be identified by the signature of the City Manager attested by the Clerk of Council, under the following words: “This is to certify that this is the Official Zoning Districts Map referred to in Section 1109.01
of the Zoning Ordinance of the City of Conneaut, Ohio.”
(Ord. 33-82. Passed 2-22-82.)
1109.03 RULES FOR INTERPRETATION.
(a) Where zoning district boundaries are delineated to follow, or approximately follow property lines, such property lines shall be considered as the district boundaries.
(b) Where zoning district boundaries are delineated to follow, or approximately follow lot lines, such lot lines shall be considered as the district boundaries.
(c) In the case of parks, cemeteries, and waterways, the boundary line shall be deemed to coincide with the boundary line of the park, cemetery, or the natural centerline of streams or waterways.
(d) Where the zoning district boundaries are delineated to follow, or approximately follow, the centerline or right-of-way lines of highways, streets, or railroads, these centerlines or right-of-way lines shall be considered as the district boundaries.
(e) Where there is a need to interpret the Official Zoning Districts Map for any reason such as mapping errors, misdrawn lines, or other such error, the Zoning Board of Appeals may be petitioned to hear and decide the matter pursuant to the requirements specified in Section 1137.08.
(Ord. 33-82. Passed 2-22-82.)
1109.04 CHANGES IN OFFICIAL ZONING DISTRICTS MAP.
Whenever changes are made in the district boundaries of this Zoning Ordinance, such changes shall be made on the map promptly after the amendment has been approved by Council, with an entry on the Official Zoning Districts Map as follows: "On (date), by official action of the City Council, the following changes were made on the Official Zoning Districts Map", which entry shall be signed by the City Manager and attested by the Clerk of Council. No amendment to this Zoning Ordinance which involves matter portrayed on the map shall become effective until after such change and entry has been made. Regardless of the existence of purported copies of the map which may from time to time be made or published, the Official Zoning Districts Map which shall be located in the office of the Zoning Inspector shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the City.
(Ord. 33-82. Passed 2-22-82.)
1109.05 REPLACEMENT OF THE OFFICIAL ZONING DISTRICTS MAP.
In the event that the Official Zoning Districts Map becomes damaged, destroyed, or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Districts Map which shall supersede the prior map. The new Official Zoning Districts Map may correct drafting or other errors or omissions in the previous map, but no such correction shall have the effect of amending the original Official Zoning Districts Map or any subsequent amendment thereof.
(Ord. 33-82. Passed 2-22-82.)
1113.01 AGRICULTURAL DISTRICT.
(a) Statement of Intent. The A-1 Agricultural District serves to preserve and protect the decreasing supply of agricultural lands from the indiscriminate infiltration of urban development or other enterprises in agricultural areas which adversely affect agricultural operators. The district also reserves certain land areas for large lot detached single-family dwellings of a rural nature that reflects existing residential development in certain areas as well as providing additional areas for similar development.
A-1 AGRICULTURAL DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | BUILDING REQUIREMENTS | FOOT NOTES | |||||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | Min. Residential floor area of principal building in sq.ft. per family | MAX. HEIGHT (Ft.) | ||||||
FRONT | SIDE | REAR | ||||||||
LEAST WIDTH | SUM OF BOTH | One Story | More than one story | |||||||
PRINCIPAL PERMITTED USES: | ||||||||||
1. Agricultural uses and farm dwellings. | (10 acres) 435,600 | 450 | 50 | 30 | 60 | 50 | 900 | 1,000 | – | 1 |
2. Single family dwellings | (1 acre) 43,560 | 150 | 50 | 30 | 60 | 50 | 1,200 | 1,500 | 35 | |
3. Churches and similar places of worship | (1 acre) 43,560 | 150 | 100 | 30 | 60 | 50 | – | – | 35 | |
4. Cemeteries | (25 acres) 1,089,000 | 150 | 100 | 30 | 60 | 50 | – | – | 35 | |
5. Public uses | – | – | 40 | 20 | 40 | 50 | – | – | 35 | 2 |
6. Essential services | – | – | – | – | – | – | – | – | – | |
7. Accessory uses or structures | – | – | – | – | – | – | – | – | 12 | 3 |
CONDITIONALLY PERMITTED USES: | ||||||||||
1. Schools; both public and private; elementary and secondary | (10 acres) 435,600 | 200 | 150 | 75 | 150 | 200 | – | – | 35 | 4 |
2 Golf courses | – | – | – | – | – | – | – | – | 35 | 4 |
3. Resource and mineral extraction | – | – | – | – | – | – | – | – | – | 4 |
4. Radio and television station buildings, transmitting towers | – | – | – | – | – | – | – | – | – | 4 |
5. Solid waste facilities | – | – | – | – | – | – | – | – | – | 4 |
NOTE: Off-street parking requirements specified in Section 1133.06.
1. Buildings or fenced enclosures in which farm animals are kept shall be at least two hundred (200) feet from residential dwellings other than the residence of the owner of such animals.
2. Setbacks refer to buildings and structures used in conjunction with the principal use.
3. See Section 1133.01(m) for requirements for accessory uses or structures.
4. See Section 1137.07 for requirements for conditional uses.
(Ord. 33-82. Passed 2-22-82.)
1117.01 R-1 SUBURBAN RESIDENTIAL DISTRICT.
(a) Statement of Intent. The R-1 Suburban Residential District serves to allow a degree of development of suburban nature in areas not presently served by public sanitary sewer service but where future plans are developed for the extension of such services. These areas should be contiguous to, but just beyond, the presently built up areas of the City.
(Ord. 33-82. Passed 2-22-82.)
R-1 SUBURBAN RESIDENTIAL DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | BUILDING REQUIREMENTS | ||||||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | Min. Residential floor area of principal building in sq.ft. per family | MAX. HEIGHT (Ft.) | FOOT- NOTES | |||||
FRONT | SIDE | REAR | ||||||||
LEAST WIDTH | SUM OF BOTH | One Story | More than one story | |||||||
PRINCIPAL PERMITTED USES: | ||||||||||
1. Single-family dwellings (a) Public water and no sanitary sewer service (b) Public water and sanitary sewer service | 24,000 12,600 | 120 90 | 50 40 | 20 15 | 40 30 | 50 50 | 1,200 1,200 | 1,500 1,500 | 35 35 | |
2. Limited agricultural uses | (5 acres) 217,800 | 150 | 50 | 20 | 40 | 50 | – | – | – | 1 |
3. Churches and similar places of worship | (1 acre) 43,560 | 150 | 100 | 30 | 60 | 50 | – | – | 35 | |
4. Schools; both public and private; elementary and secondary | (10 acres) 435,500 | 200 | 150 | 75 | 150 | 200 | – | – | 35 | |
5. Public uses | – | – | 40 | 20 | 40 | 50 | – | – | 35 | 2 |
6. Essential services | – | – | – | – | – | – | – | – | – | |
7. Accessory uses or structures | – | – | – | – | – | – | – | – | 12 | 3 |
8. Poultry and Fowl | 6 | |||||||||
9. Farm Animals | 5 acres | |||||||||
CONDITIONALLY PERMITTED USES | ||||||||||
1. Day Care Centers | 24,000 | 150 | 50 | 20 | 40 | 50 | – | – | 35 | 4 |
2. Golf courses | – | – | – | – | – | – | – | – | – | 4 |
3. Resources and mineral extraction | - | - | - | - | - | - | - | - | - | 4 |
4. Short-Term Rentals | 4, 5 | |||||||||
5. Bed and Breakfasts | 4, 5 | |||||||||
6. Farm Animals |
4, 5 | |||||||||
NOTE: Off-street parking requirements specified in Chapter 1134.
1. Buildings or fenced enclosures in which farm animals are kept shall be at least two hundred (200) feet from residential dwellings.
2. Setbacks refer to buildings and structures used in conjunction with the principal use.
(Ord. 99-21. Passed 5-9-22.)
1117.02 R-2 URBAN RESIDENTIAL DISTRICT.
(a) Statement of Intent. The R-2 Urban Residential District designates certain areas for medium density single-family development on moderately sized lots. This designation primarily reflects existing development but is also established to provide for a more orderly extension of public services encouraging medium density in areas adjacent to areas of more intensive development.
(Ord. 33-82. Passed 2-22-82.)
R-2 URBAN RESIDENTIAL DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | BUILDING REQUIREMENTS | ||||||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | Min. Residential floor area of principal building in sq.ft. per family | MAX. HEIGHT (Ft.) | FOOT- NOTES | |||||
FRONT | SIDE | REAR | ||||||||
LEAST WIDTH | SUM OF BOTH | One Story | More than one story | |||||||
PRINCIPAL PERMITTED USES: | ||||||||||
1. Single-family dwellings (a) Public water and no sanitary sewer service (b) Public water and sanitary sewer service | 15,000 12,600 | 100 90 | 40 40 | 15 15 | 30 30 | 50 50 | 1,200 1,000 | 1,500 1,250 | 35 35 | |
2. Churches and similar places of worship | (1 acre) 43,560 | 150 | 100 | 30 | 60 | 50 | – | – | 35 | |
3. Schools; both public and private; elementary and secondary | (10 acres) 435,500 | 200 | 150 | 75 | 150 | 200 | – | – | 35 | |
4. Public uses | – | – | -- | -- | -- | -- | – | – | 35 | 1 |
5. Essential services | – | – | – | – | – | – | – | – | – | |
6. Accessory uses or structures | – | – | – | – | – | – | – | – | 12 | 2 |
7. Poultry and Fowl | 5 | |||||||||
8. Farm Animals | 5 acres | |||||||||
CONDITIONALLY PERMITTED USES | ||||||||||
1. Day Care Centers | 24,000 | 150 | 50 | 20 | 40 | 50 | – | – | 35 | 3 |
2. Golf courses | – | – | – | – | – | – | – | – | – | 3 |
3. Hospitals | – | – | – | – | – | – | – | – | – | 3 |
4. Resource and mineral extraction (gas wells only) | - | - | - | - | - | - | - | - | - | 3 |
5. Short-Term Rentals | 3, 4 | |||||||||
6. Bed and Breakfasts | 3, 4 | |||||||||
7. Farm Animals | 3, 4 | |||||||||
NOTE: Off-street parking requirements specified in Chapter 1134.
1. Setbacks refer to buildings and structures used in conjunction with the principal use.
(Ord. 99-21. Passed 5-9-22.)
1117.03 R-3 URBAN RESIDENTIAL DISTRICT.
(a) Statement of Intent. The R-3 Urban Residential District reflects existing development of single-family and two-family units in the more intense urbanized areas. This district may also allow for infill development of existing lots of record.
(Ord. 33-82. Passed 2-22-82.)
R-3 URBAN RESIDENTIAL DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | BUILDING REQUIREMENTS | ||||||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | Min. Residential floor area of principal building in sq.ft. per family | MAX. HEIGHT (Ft.) | FOOT- NOTES | |||||
FRONT | SIDE | REAR | ||||||||
LEAST WIDTH | SUM OF BOTH | One Story | More than one story | |||||||
PRINCIPAL PERMITTED USES: | ||||||||||
1. Single-family dwellings | 7,500 | 75 | 30 | 10 | 25 | 40 | 800 | 1,000 | 35 | |
2. Two-family dwellings | 6,000/fam. | 120 | 30 | 10 | 25 | 40 | 800 | 1,000 | 35 | |
3. Churches and similar places of worship | 24,000 | 120 | 50 | 20 | 40 | 50 | – | – | 35 | |
4. Schools; both public and private; elementary and secondary | (10 acres) 435,600 | 200 | 150 | 75 | 150 | 200 | – | – | 35 | |
5. Public uses | – | – | 40 | 20 | 40 | 50 | – | – | 35 | 1 |
6. Essential services | – | – | – | – | – | – | – | – | – | |
7. Accessory uses or structures | – | – | – | – | – | – | – | – | 12 | 2 |
8. Poultry and Fowl | 7 | |||||||||
9. Farm Animals | 5 acres | |||||||||
CONDITIONALLY PERMITTED USES | ||||||||||
1. Day Care Centers | 24,000 | 120 | 30 | 20 | 40 | 50 | – | – | 35 | 3 |
2. Golf courses | – | – | – | – | – | – | – | – | 35 | 3 |
3. Rest homes, nursing homes, convalescent homes | (1 acre) 43,560 | 150 | 100 | 30 | 60 | 50 | – | – | 35 | 3 |
4. Hospitals | – | – | – | – | – | – | – | – | – | 3 |
5. Multi-family dwellings | 2,500/fam. | 120 | 25 | 15 | 30 | 30 | – | – | – | 3,4 |
6. Resource and mineral extraction (gas wells only) | – | – | – | – | – | – | – | – | – | 3,4 |
7. Home occupations | - | - | - | - | - | - | - | - | - | 3,5 |
8. Short-Term Rentals | 3,6 | |||||||||
9. Bed and Breakfasts | 3,6 | |||||||||
10. Farm animals | 3,6 | |||||||||
NOTE: Off-street parking requirements specified in Chapter 1134.
1. Setbacks refer to buildings and structures used in conjunction with the principal use.
4. Minimum square footages for apartments specified on following chart.
(Ord. 99-21. Passed 5-9-22.)
URBAN RESIDENTIAL, APARTMENT REQUIREMENTS
FOOTNOTES:
1. Minimum gross residential floor area for apartments.
Efficiency Apartment: 400 square feet One Bedroom: 500 square feet Two Bedroom: 700 square feet Three or More Bedrooms: 900 square feet Average floor area of all apartments in a project: 625 square feet |
(Ord. 33-82. Passed 2-22-82.)
1117.04 R-4 URBAN RESIDENTIAL DISTRICT.
(a) Statement of Intent. The R-4 Urban Residential District reflects the existing development of single-family, two-family, and multi-family units that provide a wide range of housing types in the City. This district may also include the redevelopment of certain areas and the infill development of existing lots of record.
(Ord. 33-82. Passed 2-22-82.)
R-4 URBAN RESIDENTIAL DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | BUILDING REQUIREMENTS | ||||||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | Min. Residential floor area of principal building in sq.ft. per family | MAX. HEIGHT (Ft.) | FOOT- NOTES | |||||
FRONT | SIDE | REAR | ||||||||
LEAST WIDTH | SUM OF BOTH | One Story | More than one story | |||||||
PRINCIPAL PERMITTED USES: | ||||||||||
1. Single-family dwellings | 5,000 | 50 | 25 | 10 | 20 | 30 | 800 | 1,000 | 35 | |
2. Two-family dwellings | 4,500/fam. | 90 | 25 | 10 | 20 | 30 | 800 | 1,000 | 35 | |
3. Multi-family dwellings | 2,500/fam. | 120 | 25 | 15 | 30 | 30 | – | – | – | 1,2,3 |
4. Churches and similar places of worship | 24,000 | 120 | 50 | 20 | 40 | 50 | – | – | 35 | |
5. Schools; both public and private; elementary and secondary | (10 acres) 435,600 | 200 | 150 | 75 | 150 | 200 | – | – | 35 | |
6. Public uses | – | – | 40 | 20 | 40 | 50 | – | – | 35 | 4 |
7. Essential services | – | – | – | – | – | – | – | – | – | |
8. Accessory uses or structures | – | – | – | – | – | – | – | – | 12 | 5 |
9. Poultry and Fowl | 9 | |||||||||
10. Farm Animals | 5 acres | |||||||||
CONDITIONALLY PERMITTED USES | ||||||||||
1. Day Care Centers | 24,000 | 150 | 50 | 20 | 40 | 50 | – | – | 35 | 6 |
2. Golf courses | – | – | – | – | – | – | – | – | 35 | |
3. Rest homes, nursing homes, convalescent homes | (1 acre) 43,560 | 150 | 100 | 30 | 60 | 50 | – | – | 35 | 6 |
4. Hospitals | – | – | – | – | – | – | – | – | – | 6 |
5. Resource and mineral extraction (gas wells only) | – | – | – | – | – | – | – | – | – | 6 |
6. Home occupations | - | - | - | - | - | - | - | - | - | 6,7 |
7. Short-Term Rentals | 6,8 | |||||||||
8. Bed and Breakfasts | 6,8 | |||||||||
9. Farm Animals | 6,8 | |||||||||
NOTE: Off-street parking requirements specified in Chapter 1134.
1. All yards shall be increased by five (5) feet for each story in excess of thirty-five (35) feet.
2. Minimum square footages for apartment specified on the following chart.
3. Buildings may be in excess of thirty-five (35) feet if elevator service is provided.
4. Setbacks refer to buildings and structures used in conjunction with the principal use.
(Ord. 99-21. Passed 5-9-22.)
URBAN RESIDENTIAL, APARTMENT REQUIREMENTS
FOOTNOTES:
1. Minimum gross residential floor area for apartments.
Efficiency Apartment: 400 square feet One Bedroom: 500 square feet Two Bedroom: 700 square feet Three or More Bedrooms: 900 square feet Average floor area of all apartments in a project: 625 square feet |
(Ord. 33-82. Passed 2-22-82.)
1117.05 R-5 COASTAL RESIDENTIAL DISTRICT.
(a) Statement of Intent. The R-5 Coastal-Residential District serves to allow the opportunity for individuals to satisfy their personal housing preferences by taking advantage of the unique aesthetic qualities associated with Lake Erie. This district also includes seasonal single- family residences developed at a high density that have been gradually converted for year around occupancy. Property owners adjacent to Lake Erie are encouraged to investigate recession rate information when applying for a Zoning Certificate. Recession rate information from the Ohio Department of Natural Resources shall be maintained at the office of the Zoning Inspector.
(Ord. 33-82. Passed 2-22-82.)
R-5 COASTAL RESIDENTIAL DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | BUILDING REQUIREMENTS | ||||||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | Min. Residential floor area of principal building in sq.ft. per family | MAX. HEIGHT (Ft.) | FOOT- NOTES | |||||
FRONT | SIDE | REAR | ||||||||
LEAST WIDTH | SUM OF BOTH | One Story | More than one story | |||||||
PRINCIPAL PERMITTED USES: | ||||||||||
1. Single-family dwellings (a) Public water and no sanitary sewer service (b) Public water and sanitary sewer service | 7,500 5,000 | 75 50 | 30 25 | 10 10 | 25 20 | 30 30 | 800 800 | 1,000 1,000 | 35 35 | |
2. Public uses | – | – | 40 | 20 | 40 | 30 | – | – | 35 | 1 |
3. Essential services | – | – | – | – | – | – | – | – | – | |
4. Accessory uses or structures | – | – | – | – | – | – | – | – | 12 | 2 |
5. Poultry and Fowl | 5 | |||||||||
6. Farm Animals | 5 acres | |||||||||
CONDITIONALLY PERMITTED USES | ||||||||||
1. Resource and mineral extraction (gas wells only) | - | - | -- | - | - | - | - | - | - | 3 |
2. Short-term Rentals | 3,4 | |||||||||
3. Bed and Breakfasts | 3,4 | |||||||||
4. Farm Animals | 3,4 | |||||||||
NOTE: Off-street parking requirements specified in Chapter 1134.
1. Setbacks refer to buildings and structures used in conjunction with the principal use.
(Ord. 99-21. Passed 5-9-22.)
1121.01 B-1 HIGHWAY SERVICE BUSINESS DISTRICT.
(a) Statement of Intent. The B-1 Highway Service Business District is designed to provide for uses which, due to their individual characteristics would be better located outside the primary retail center of the Community. The district also provides for highway service type facilities primarily aimed at servicing commercial and light industrial activities.
B-1 HIGHWAY SERVICE BUSINESS DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | MAX. HEIGHT (Ft.) | FOOT- NOTES | |||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | ||||||
FRONT | SIDE | REAR | ||||||
LEAST WIDTH | SUM OF BOTH | |||||||
PRINCIPAL PERMITTED USES: | ||||||||
1. Sales, service, and business enterprises which rely on major thoroughfare interchanges for visibility and access | (1 acre) 43,560 | 90 | 50 | 20 | 40 | 30 | 45 | 1,3 |
2. Passenger-transportation agency and terminal | (1 acre) 43,560 | 90 | 50 | 20 | 40 | 30 | 45 | 1,3 |
3. Shopping centers | (2 acres) 87,120 | 90 | 50 | 20 | 40 | 30 | 45 | 1,3 |
4. Motels | (2 acres) 87,120 | 150 | 50 | 20 | 40 | 30 | 45 | 1,2,3 |
5. Automotive service stations | (1 acre) 43,560 | 90 | 50 | 20 | 40 | 30 | 45 | 1,3 |
6. Automotive repair | (1 acre) 43,560 | 90 | 50 | 20 | 40 | 30 | 45 | 1,3 |
7. Public uses | – | – | – | – | – | – | 45 | |
8. Essential services | – | – | – | – | – | – | – | |
9. Short-Term Rentals | 7 | |||||||
10. Bed and Breakfasts | 7 | |||||||
11. Farm animals | 5 acres | |||||||
CONDITIONALLY PERMITTED USES | ||||||||
Lot Size | Frontage | Front | Side | Rear | Max. Height | Minimum Floor Area | Footnote | |
1. Industrial | 1 acre | 120 | 75 | 20 | 30 | 50 | 5,000 | 3,4,5,6 |
2. Warehouses | 1 acre | 120 | 75 | 20 | 30 | 50 | 5,000 | 3,4,5,6 |
3. Wholesale | 1 acre | 120 | 75 | 20 | 30 | 50 | 5,000 | 3,4,5,6 |
4. Farm animals | 7 | |||||||
5. Front yard setback is from the right-of-way line to building foundation for principal and accessory structures, parking lots and loading areas.
6. No parking, loading or drive can be less than 5 feet from the lot line. This area must be landscaped.
(Ord. 98-21. Passed 5-9-22.)
1121.02 B-2 HIGHWAY AND COMMUNITY BUSINESS DISTRICT.
(a) Statement of Intent. The B-2 Highway and Community Business District is designed to provide retail trade and personal service enterprises to meet the regular needs and for the convenience of the people of adjacent residential districts. The district also provides services to the motoring public, some part of which is through traffic.
B-2 HIGHWAY AND COMMUNITY BUSINESS DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | MAX. HEIGHT (Ft.) | FOOT- NOTES | |||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | ||||||
FRONT | SIDE | REAR | ||||||
LEAST WIDTH | SUM OF BOTH | |||||||
PRINCIPAL PERMITTED USES: | ||||||||
1. Sales, service, professional and business enterprises which rely on major thoroughfares for visibility and access and derive the bulk of their trade from areas beyond adjacent residential neighborhoods | 10,000 | 80 | 30 | 30 | 60 | 30 | 45 | 1,2 |
2. Commercial recreational establishments | 10,000 | 80 | 30 | 30 | 60 | 30 | 45 | 1 |
3. Restaurants | 10,000 | 80 | 30 | 30 | 60 | 30 | 45 | 1 |
4. Funeral homes and mortuaries | 10,000 | 80 | 30 | 30 | 60 | 30 | 45 | 1 |
5. Public uses | – | – | – | – | – | – | 45 | |
6. Essential services | – | – | – | – | – | – | – | |
7. R-4 principal permitted uses | – | – | – | – | – | – | --– | 1,2,3 |
8. Short-Term Rentals | 4 | |||||||
9. Bed and Breakfasts | 4 | |||||||
10. Farm animals | 5 acres | 4 | ||||||
CONDITIONALLY PERMITTED USES | ||||||||
1. Shopping centers | – | – | – | – | – | – | – | 4 |
2. Automotive, mobile home, travel trailer, and farm implement sales | 10,000 | 80 | 30 | 30 | 60 | 30 | 45 | 1,2,4 |
3. Animal hospitals, and veterinarian clinics | 10,000 | 80 | 30 | 30 | 60 | 30 | 45 | 1,2,4 |
4. Building material sales and storage yards | 10,000 | 80 | 30 | 30 | 60 | 30 | 45 | 1,2,4 |
5. Fraternal lodges and private clubs | 10,000 | 80 | 30 | 30 | 60 | 30 | 45 | 1,4 |
6. Automotive service stations | 10,000 | 80 | 30 | 30 | 60 | 30 | 45 | 1,4 |
7. Resource and mineral extraction | – | – | – | – | – | – | – | 4 |
8. Mobile home park | (5 acres) 217,800 | - | - | - | - | - | - | 4,5 |
9. Farm animals | 4 | |||||||
(Ord. 98-21. Passed 5-9-22.)
1121.03 B-3 GENERAL BUSINESS DISTRICT.
(a) Statement of Intent. The B-3 General Business District is designed to provide personal and business services and general retail trade for persons living in the community and in the surrounding trade area. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.
B-3 GENERAL BUSINESS DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | MAX. HEIGHT (Ft.) | FOOT- NOTES | |||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | ||||||
FRONT | SIDE | REAR | ||||||
LEAST WIDTH | SUM OF BOTH | |||||||
PRINCIPAL PERMITTED USES: | ||||||||
1. Sales, service, professional and business enterprises, institutional, cultural, residential and related uses which provide the mix of activities necessary for a centralized urban area. | – | – | – | – | – | – | – | 1,2,4,5 |
2. Funeral homes and mortuaries | 10,000 | 80 | – | 30 | 60 | 30 | --– | 1,5 |
3. Fraternal lodges and private clubs | 10,000 | 80 | – | 30 | 60 | 30 | – | 1,5 |
4. Hotels | – | – | – | – | – | – | – | 1,4,5 |
5. Restaurants | – | – | – | – | – | – | – | 1,4,5 |
6. Automotive repair | – | – | – | – | – | – | – | 1,2,4,5 |
7. Automotive service stations | – | – | – | – | – | – | – | 1,2,4,5 |
8. R-4 principal permitted uses | – | – | – | – | – | – | --– | 1,2,3, 4,5 |
9.Public uses | – | – | – | – | – | – | --– | |
10.Essential services | – | – | – | – | – | – | – | |
11. Short-Term Rentals | 7 | |||||||
12. Bed and Breakfasts | 7 | |||||||
13. Farm animals | 5 acres | |||||||
CONDITIONALLY PERMITTED USES | ||||||||
1. Resource and mineral extraction | - | - | - | - | - | - | - | 4 |
2. Farm Animals | 6,7 | |||||||
4. No yard required for business establishments unless abutting a residential lot.
5. Buildings in excess of thirty-five (35) feet must provide elevator service.
(Ord. 98-21. Passed 5-9-22.)
1121.04 B-4 COASTAL BUSINESS DISTRICT.
(a) Statement of Intent. The B-4 Coastal Business District is designed to parallel the B-3 General Business District to provide personal and business services and general retail trade. The B-4 district, however, further allows R-4 principal permitted uses, public uses, hotel and motel uses, marina uses and supporting industry or businesses, restaurants and private clubs, but shall not provide for mineral or resource extraction. A conditional use in the B-4 district shall include recreational uses.
B-4 COASTAL BUSINESS DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | MAX. HEIGHT (Ft.) | FOOT- NOTES | |||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | ||||||
FRONT | SIDE | REAR | ||||||
LEAST WIDTH | SUM OF BOTH | |||||||
PRINCIPAL PERMITTED USES: | ||||||||
1. All Permitted Uses in the B-3 General Business District | – | – | – | – | – | – | – | 1,2,3,4,5 |
2. Indoor Boat Storage | - | - | - | - | - | - | - | 1,2,4,5 |
3. Restaurants | - | - | - | - | - | - | - | 1,4,5 |
4 Private Clubs | 10,000 | 80 | - | 30 | 60 | 30 | - | 1,4,5 |
5. Bait and Fish Cleaning Shops | - | - | - | - | - | - | - | |
6. Boat Sales and Repairs | - | - | - | - | - | - | - | |
7. Motels | - | - | - | 30 | 60 | 30 | - | 1,4,5,9 |
8. Short-Term Rentals | 10 | |||||||
9. Bed and Breakfasts | 10 | |||||||
10. Farm Animals | 5 acres | |||||||
CONDITIONALLY PERMITTED USES - Excluding Resource and Mineral Extraction unless in conjunction with a dredging operation | ||||||||
1. Outdoor Temporary Boat Parking | 5,6,7 | |||||||
2. Outdoor Boat Parking year-round | 5,6,7,8 | |||||||
3. Recreational Uses | - | - | - | - | - | - | - | 6 |
4. Mini Warehouse Storage Buildings or similar uses | - | - | - | - | - | - | - | 1,5,8 |
5. Farm Animals | - | - | - | - | - | - | - | 5,10 |
3. No yard required for business establishments unless abutting a residential lot.
4. Buildings in excess of thirty-five (35) feet must provide elevator service.
6. Shall only be allowed from April 1 to November 1 of each year and trailers shall be parked on a gravel, asphalt or concrete surface.
7. Perimeter shall be enclosed with an obscured fence no more than 6 feet in height on all sides. Barbed or razor wire shall be allowed on top.
8. Lighting shall not project beyond the property lines.
(Ord. 98-21. Passed 5-9-22.)
1125.01 M-1 INDUSTRIAL DISTRICT.
(a) Statement of Intent. The M-1 Industrial District is designed to accommodate all industrial uses in the fields of manufacturing, processing, and fabricating. The M-1 District is regulated to be exclusively used for industrial purposes free from encroachment by residential or business development. All industrial uses shall be required to adhere to all applicable state, county, and local permit requirements. No land or structure shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other substandard condition or element; in such a manner or in such amount as to adversely affect the surrounding area, provided that any use permitted may be established and maintained if it conforms to the provisions of this article.
(Ord. 33-82. Passed 2-22-82.)
M-1 INDUSTRIAL DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | MAX. HEIGHT (Ft.) | FOOT- NOTES | ||||
MAXIMUM PERCENTAGE OF LOT COVERED BY BUILDING | YARD REQUIREMENTS (Ft.) | ||||||
FRONT | SIDE | REAR | |||||
LEAST WIDTH | SUM OF BOTH | ||||||
PRINCIPAL PERMITTED USES: | |||||||
1. Industrial and manufacturing establishments | 50 | 50 | 20 | 40 | 50 | – | 1,2 |
2. Warehouses | 50 | 50 | 20 | 40 | 50 | – | 1,2 |
3. Wholesale establishments | 50 | 50 | 20 | 40 | 50 | – | 1,2 |
4. Building materials, sales and storage facilities | 50 | 50 | 20 | 40 | 50 | – | 1,2 |
5. Office parks | 50 | 100 | 20 | 40 | 50 | – | 1,2 |
6. Essential services | -- | – | – | – | – | – | 1 |
7. Public uses | -- | – | – | – | – | – | 1 |
8. Public service facilities | – | – | – | – | – | – | 1 |
9. Radio and television buildings and transmitting towers | – | 50 | 20 | 40 | 50 | – | 1,2 |
CONDITIONALLY PERMITTED USES | |||||||
1. Automotive wrecking yards | -- | – | – | – | – | – | 1,2,3 |
2. Junk and salvage yards | – | – | – | – | – | – | 1,2,3 |
3. Resource and mineral extraction | – | – | – | – | – | – | 1,2,3 |
4. Solid waste facilities | – | – | – | – | – | - | 1,2,3 |
5. Establishments using hazardous waste materials | – | – | – | – | – | – | 1,2,3 |
1. A front yard of seventy-five (75) feet, a side yard of forty (40) feet, and a rear yard of one hundred (100) feet shall be required between the principal building within an M-1 District and the lot line of any lot within an “R” District.
2. Subject to performance standards specified in Section 1125.02.
3. See Section 1137.07 for requirements for conditional uses.
(Ord. 33-82. Passed 2-22-82.)
1125.02 PERFORMANCE STANDARDS.
(a) Statement of Intent. The intent of this section is to control industrial uses in Conneaut to ensure that all industries will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination while at the same time protecting industries from arbitrary exclusion or persecution. No land or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of pollution in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area.
(b) Environmental Control. All existing and new sources of industry shall comply with regulations established by the Ohio Environmental Protection Agency for the following five (5) areas; air, drinking water, solid and hazardous wastes, water, and general regulations, or pursuant to applicable state and local law.
(c) Building Standards. All industrial uses shall adhere to the State of Ohio Building Code.
(d) Fire Control and Prevention. All industrial uses shall adhere to City Fire Department regulations and State Fire Code regulations. All industrial uses shall provide the Conneaut Fire Chief with information concerning the use, storage and transport of all hazardous, detonable and combustible materials. Such information shall include the type of materials being used or stored, location of such materials and specific information concerning mitigative firefighting procedures.
(e) Liquid and Solid Wastes. Industrial uses shall not discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, except in accordance with standards approved by the State Department of Health and/or the Environmental Protection Agency.
1129.01 O-1 OPEN SPACE DISTRICT.
(a) Statement of Intent. The O-1 Open Space District serves to reserve certain areas of Conneaut for existing or future park development, and to preserve certain unique areas and resources such as natural land, waterways, and beaches for present and future generations to enjoy. Such areas are zoned for public parks or semi-public uses and are more specifically delineated on the Official Zoning Districts Map.
(Ord. 33-82. Passed 2-22-82.)
O-1 OPEN SPACE DISTRICT | MINIMUM ZONING LOT REQUIREMENTS | MAX. HEIGHT (Ft.) | FOOT- NOTES | |||||
LOT SIZE (Sq.Ft.) | FRONT- AGE (Ft.) | YARD REQUIREMENTS (Ft.) | ||||||
FRONT | SIDE | REAR | ||||||
LEAST WIDTH | SUM OF BOTH | |||||||
PRINCIPAL PERMITTED USES: | ||||||||
1. Semi-public or private parks and recreation areas | – | – | – | – | – | – | – | 1 |
2. Public and private forest and wildlife reservations | – | – | – | – | – | – | – | 1 |
3. Boat lagoons, marinas, and similar public docking facilities and pleasure craft | – | – | – | – | – | – | – | 1 |
4. Single-family dwellings for owners or operators | 24,000 | 120 | 50 | 20 | 40 | 50 | 35 | 1 |
5. Public uses | – | – | – | – | – | – | 35 | 1 |
6. Essential services | – | – | – | – | – | – | – | |
CONDITIONALLY PERMITTED USES | ||||||||
1. Privately owned and operated camp sites | – | – | – | – | – | – | – | 1,2 |
1. Resource and mineral extraction | – | – | – | – | – | – | – | 2 |
NOTES: Sign regulations specified in Section 1133.05.
1. Yard requirements shall be forty (40) feet where such yard abuts an “R” District.
2. See Section 1137.07 for supplementary requirements for conditional uses.
1129.02 F-1 FLOOD PLAIN DISTRICT.
(a) Statement of Intent. The F-1 Flood Plain District serves to protect human life and health, minimize public and private property damage, and protect individuals from buying lands and structures which are unsuited for intended purposes due to the flooding potential. These regulations are necessary to meet the requirements of the National Flood Insurance Program as adopted by City Council.
(b) Current Standards. Current standards for flood damage prevention are set forth in Chapter 1353
of the Building and Housing Code.
1129.03 PLANNED UNIT DEVELOPMENT DISTRICT.
(a) Statement of Intent. The Planned Unit Development District serves to establish a flexible zoning procedure to encourage variety and flexibility in the development of land for residential purposes and accessory recreational uses. The planned unit development shall be done in accordance with an overall development plan and specified procedures for site plan review and approval. The intent is to be flexible in the regulation of basic land planning and to encourage imaginative site planning that combines both a variety of dwelling types and lot sizes with usable open space as an integral part of the development.
(b) Objectives for Planned Unit Development. It shall be the policy of the City of Conneaut to promote progressive development of land and construction by encouraging planned unit developments to achieve:
(1) A maximum choice of living environments by allowing a variety of housing and building types and permitting a reduction in lot dimensions, yards, building setbacks, and area requirements.
(2) A more useful pattern of open space and recreation areas.
(3) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns.
(4) A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets.
(5) A development pattern in harmony with adjacent land uses, transportation facilities, community facilities, and the objectives of the comprehensive plan.
(c) Provisions Governing Planned Unit Development. Because of the special characteristics of planned unit developments, special provisions governing the development of land in this manner are required. Whenever there is a conflict or difference between the provisions of this section and those of the other sections of this Zoning Ordinance, the provisions of this section shall prevail. Subjects not covered by this section shall be governed by the respective provisions found elsewhere in this Zoning Ordinance. The application for a planned unit development shall result in a permitted number of dwelling units which shall in no case exceed the number which could be permitted if the land were subdivided into lots conforming to the maximum lot size and density requirements of the zoning district in which the land is situated. The application for a planned unit development shall permit a mixture of housing types based on the housing type requirements of the zoning district in which the land is situated.
(d) Coordination with Land Planning and Subdivision Regulations. It is the intent of these regulations that the review of planned unit developments be carried out simultaneously with the review and requirements for submission as in the Land Planning and Subdivision Regulations of the City of Conneaut.
(e) Application and Procedures. Upon approval of the Planning Commission and City Council, a planned unit development may be applied to any existing residential district or business district in which residential uses are allowed. Upon approval of the preliminary development plan, the Official Zoning Districts Map shall be annotated for the land area involved so that the district name included the notation,”PUD”. Planned Unit Development Districts shall be approved by the Planning Commission and the City Council in the manner prescribed in subsection (m) and (o) hereof.
(f) Permitted Uses.
(1) Compatible residential, recreational, and public uses may be combined in Planned Unit Development Districts. Lot area and other yard requirements of the residential districts established in Chapter 1117 shall apply except as modified in subsection (i) hereof.
(g) Minimum Project Area. The gross area of a tract of land to be developed in a Planned Unit Development District shall be as follows:
(1) Residential Districts. The minimum site area required for a planned unit development in a residential district shall be ten (10) acres, provided however that smaller parcels may be considered on the basis of their potential to satisfy the intent of this section.
(2) Business District. The minimum site area required for a planned unit development in a business district in which residential uses are allowed shall be five (5) acres, provided however, that smaller parcels may be considered on the basis of their potential to satisfy the intent of this section.
(h) Project Ownership. The project land may be owned, leased, or controlled either by an individual or corporation, or a group of individuals or corporations. Such ownership may be by a public or private corporation.
(i) Design Standards.
(1) Common open space. A minimum of twenty percent (20%) of the land developed in any planned unit development shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The common open space shall not consist of isolated or fragmented pieces of land which would serve no useful purpose; neither shall off-street parking areas be calculated into the required common open space. Public utility and similar elements and right-of-ways for water courses and other similar channels are not acceptable for common open space unless such land or right-of-way is usable as a trail or other similar purpose and approved by the Planning Commission.
(2) Disposition of common open space. The required amount of common open space reserved under a planned unit development shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or may at the option of the City, may become part of the park system of the City of Conneaut. All common space dedicated to the City of Conneaut must meet Planning Commission requirements as to size, shape, and location. Proper legal documents necessary for the transfer or dedication of the common open space shall be prepared by the person or corporation owning the tract of land and approved by City Council.
(3) Lots to abut upon common open space. Every property developed under the planned unit development approach shall be designed to abut upon common open space or similar areas.
A clustering of dwellings is encouraged. In areas where apartments or townhouses are used, there shall be no more than eight (8) units in any contiguous group.
(4) Minimum lot sizes.
A. Lot area per dwelling unit may be reduced by not more than forty percent (40%) of the minimum lot area specified in Chapter 1117, Official Schedule of District Regulations;
B. Lot widths may be varied to allow for a variety of structural designs. It is also recommended that setbacks be varied.
(5) Perimeter yards. Notwithstanding the provisions of this section, every lot abutting the perimeter of the planned unit development district shall maintain all yard requirements specified in Chapter 1117
for the applicable conventional residential district, and Chapter 1121
for the applicable conventional business district.
(7) Parking. Off-street parking, loading, and service areas shall be provided in accordance with the requirements of Section 1133.06
. However, off-street parking and loading areas shall not be permitted within fifteen (15) feet of any residential use.
(8) Utility requirements. Underground utilities, including telephone and electrical systems, are required within the limits of all planned unit developments. Related functions to these systems which can be effectively screened may be exempted from this requirement if the Planning Commission finds that such exemption will not violate the intent or character of the proposed planned unit development.
(9) The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Planning Commission.
(j) Preapplication Conference. To obtain information, the applicant shall confer with the Planning Commission and interested department heads in connection with the preparation of the planned unit development application. It shall be the responsibility of the Chairman of the Planning Commission to contact and invite these department heads to a joint meeting. The general outlines of the proposal, evidenced schematically by sketch plans, are to be considered before submission of the planned unit development application. Thereafter the Chairman shall furnish the applicant with his written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to his preparing the components of the planned unit development application.
(k) Preliminary Development Plan. The preliminary development plan submitted for consideration for approval of a Planned Unit Development District shall be filed with the Chairman of the Planning Commission by at least one owner or lessee of property for which the planned unit development is proposed. The preliminary development plan shall contain the following information filed in triplicate.
(1) Written documents.
A. A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning;
B. The names and addresses of owners of property contiguous to the proposed planned unit development;
C. A development schedule indicating the approximate date when construction of the planned unit development or the stages of the project can be expected to be completed;
D. A statement of the applicant's intentions with regard to the future selling or leasing of all portions of the planned unit development, such as land areas, dwellings, etc.;
E. Quantitative data for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space (including a separate figure for usable open space); total amount and type of nonresidential construction (including a separate figure for recreation facilities); and other data as may be required by the Planning Commission;
F. Designation of responsibility for maintenance of common open space;
G. Statement setting forth how the planned unit development would be in the public interest and would be consistent with the objectives stated in subsection (b) hereof;
H. Application for a zone change as specified in Chapter 1105.
(2) Site plan and supporting maps. A site plan and any maps necessary to show the major details of the proposed planned unit development must contain at the minimum the following information.
A. The existing site conditions including contours at two (2) foot intervals, water courses, flood plains, unique natural features, major wooded areas;
B. Proposed lot lines and plat designs;
C. The location and floor area size of all existing and proposed buildings, structures, and other improvements including maximum height, types of dwelling units, density per type, and nonresidential structures;
D. The location and size of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, and public and semipublic uses;
E. The existing and proposed circulation system of arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points of ingress and egress to the development. Notations of proposed ownership public or private should be included where appropriate;
F. The existing and proposed pedestrian circulation system and its relationship with the vehicular circulation system;
G. The existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines;
H. A general landscape plan indicating the treatment of materials used for private and common open spaces;
I. Information on land areas adjacent to the proposed planned unit development indicating the relationships between the proposed development and adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features;
J. The proposed treatment of the perimeter of the planned unit development including landscaping and materials and techniques used such as screens, fences, and walls;
K. Any additional information required by the Planning Commission that is considered essential to the decision of approving the general intent and character of the development for purpose of granting the necessary zoning change.
(l) Public Hearing by Planning Commission. Within thirty (30) days after receipt of the preliminary development plan, the Planning Commission shall hold a public hearing.
(1) Before holding the public hearing, notice of such hearing shall be given in one (1) or more newspapers of general circulation of the City of Conneaut at least twenty (20) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and a general description of the planned unit development.
(2) Before holding the public hearing, written notice of such hearing shall be sent by the Chairman of the Planning Commission by first class mail, at least twenty (20) days before the hearing, to all owners of property contiguous to the area proposed to be included within the planned unit development district. The failure to deliver the notice shall not invalidate any such approval. The notice shall contain the same information as required of notices published in the newspaper.
(m) Action of the Planning Commission. Within thirty (30) days after the public hearing required in subsection (l) hereof, the Planning Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Zoning Ordinance. The Planning Commission by written resolution shall (1) grant approval of the preliminary development plan as submitted, (2) grant approval subject to specified modifications not included in the preliminary development plan as submitted, or (3) deny approval.
(1) The written resolution shall include not only conclusions but also findings of fact related to the specific proposal and shall state the reasons for the Planning Commission action. The resolutions shall include but not be limited to findings of fact and conclusions on the following:
A. In what respects the planned unit development proposal is or is not consistent with the statement of objectives or intent of this Zoning Ordinance;
B. The extent to which the planned unit development proposal departs from zoning and subdivision regulations otherwise applicable to the property, and the reasons why such departures are or are not deemed to be in the public interest;
C. The purpose, location, and amount of the common open space, the reliability of the proposals for maintenance and conservation of the common open space, and adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;
D. The physical design of the planned unit development proposal and the manner in which said design does or does not make adequate provisions for public services and provide adequate vehicular flow;
E. The relationship, beneficial or adverse of the planned unit development proposal to the neighborhood and to adjacent areas;
F. In the case of a planned unit development proposal which is to be developed over a period of years, the sufficiency of the terms and conditions to protect the public interest and the planned unit development.
(2) The Planning Commission shall forward its resolution to the application and shall submit its findings accompanied with the preliminary development plan to City Council for action at the next regularly scheduled meeting for consideration of the request for the zoning change.
(n) Public Hearing by City Council. Upon receipt of the resolution, findings, and the preliminary development plan from the Planning Commission, City Council shall schedule a public hearing as required in Section 1105.03
for consideration of the amendment to the Official Zoning Districts Map.
(o) Action of the City Council. Within sixty (60) days after receipt of the preliminary development plan and the finding of the Planning Commission, the City Council shall by ordinance either (1) grant approval of the preliminary development plan as submitted, (2) grant approval subject to specified modifications not included in the preliminary development plan as submitted, or (3) deny approval.
(1) Approval of the preliminary development plan shall result in the adoption of an ordinance changing the necessary zoning subject to the provisions of subsection (p) hereof.
(2) If the preliminary development plan is approved subject to specified modifications, the Official Zoning Districts Map shall not be amended until the applicant has filed with City Council written consent to the preliminary development plan as modified.
(p) Approval of the Preliminary Development Plan.
(1) Approval of the preliminary development plan and the amendment of the Official Zoning Districts Map does not constitute recording of the plat nor authorize the issuance of building permits.
(2) Within a maximum of twelve (12) months following the approval of the preliminary development plan, the applicant shall file with the Chairman of the Planning Commission a final development plan containing in a final detailed form the information required in subsection (q) hereof. At its discretion and for good cause, the Planning Commission may extend for six (6) months the period for filing of the final development plan.
(3) Failure of the applicant to submit a final development plan shall result in the Planning Commission initiating the necessary procedures to amend the Official Zoning Districts Map and returning the land to its original zoning classification.
(q) Application for Approval of Final Development Plan.
(1) An application for approval of the final development plan shall be filed in triplicate with the Chairman of the Planning Commission. The final development plan shall be signed by the applicant attesting to the truth and exactness of all information supplied, and at a minimum contain the following information:
A. All information in finalized from that was required for the preliminary development plan and required for the recording of the plat;
B. A schedule for the development of the project that is to be constructed in progression;
C. Engineering feasibility studies and plans showing, as necessary, water, sewer drainage, electricity, telephone, natural gas installations, waste disposal facilities, street improvements, nature and extent of earth work required for site preparation and development;
D. Building plans, including floor plan and exterior elevations;
E. Landscaping plans;
F. Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvement thereon, including those areas which are to be commonly owned and maintained.
A public hearing on an application for approval of a final development plan shall not be required, provided that the final development plan submitted is in substantial compliance with the approved preliminary development plan.
(r) Compliance. The final development plan shall be deemed in substantial compliance with the preliminary development plan, provided modification by the applicant does not involve a change of one or more of the following:
(1) Violate any provision of this section of the Zoning Ordinance.
(2) Vary the lot area requirement by more than ten percent (10%).
(3) Involve a reduction of more than ten percent (10%) of the area reserved for the common open space.
(4) Increase the total ground area covered by buildings by more than five percent (5%).
(5) Change the outside boundaries of the planned unit development.
(6) Major change in the internal street and thoroughfare locations or alignments.
(s) Approval by the Planning Commission. The Planning Commission shall review the final development plan for compliance with the preliminary development plan within forty-five (45) days of the date the application for final approval is filed, shall notify the applicant in writing stating the ways the final development plan is not in compliance. The applicant may:
(1) Treat said notification as a denial of final approval.
(2) Refile the final development plan in a form which is in substantial compliance
(3) File a written request with the Planning Commission requesting a public hearing and initiating the necessary procedures for approval of a preliminary development plan.
(t) Amendments to the Final Development Plan. Minor changes in the location, siting and height of buildings and structures may be authorized by the Planning Commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by the Planning Commission shall cause any of the following:
(1) Change in use or character of the planned unit development.
(2) Increase the overall coverage of structures.
(3) Increase the intensity of use.
(4) Increase problems of traffic circulation and public utilities.
(5) Reduction in approved common open space.
(6) Reduction of off-street parking and loading space.
(7) Reduction in required pavement widths.
(u) Expiration of Extension of Approval Period.
(1) If construction of the planned unit development has not begun within eighteen (18) months from the approval of the final development plan, said approval shall lapse and be of no further effect. The Planning Commission, upon showing of good cause by the applicant, may extend for period(s) of six (6) months the time for initiation of construction.
(2) If the applicant does not substantially complete the planned unit development, or any stage thereof within five (5) years, the Planning Commission shall review the planned unit development and may recommend:
A. That the time for completion of the planned unit development be extended;
B. That the approval of the planned unit development be revoked;
C. That the planned unit development be amended.
(3) The Planning Commission recommendations shall be subject to the procedures authorized in subsection (o) hereof governing the approval of the preliminary development plan. If the final development plan is revoked because of lack of compliance with the above provisions, the Planning Commission shall initiate the rezoning procedures outlined in subsection (o) hereof requiring the project site to revert to its previous zoning classification.
(Ord. 33-82. Passed 2-22-82.)
1133.01 GENERAL PROVISIONS.
(a) Street Frontage Required. No lot shall contain any building used as a dwelling unless it abuts at least fifty (50) feet on a street or has a permanent exclusive unobstructed private easement of access or right-of-way to a public street. The Zoning Inspector, in the issuance of a permit, or the City Planning Commission, in case of land subdivision, shall be satisfied that the overall arrangement will not result in a hazardous or inaccessible condition in respect to emergency equipment nor be in conflict with any street plan or local street system adopted or established in the City of Conneaut.
(b) Double-Frontage Lots. Double-frontage lots shall, on both of the streets involved, meet the front yard regulations of the district in which they are located.
(c) Yard Requirements. No part of a yard required for any building may be included as fulfilling the yard requirements for an adjacent building.
(d) Vacation, Boat or Utility Trailer. Parking of a vacation, boat or utility trailer shall be permitted in the camping areas in the O-1 Open Space District, and 1 of each such trailer may be stored in the rear or side yard of any district, provided that no living quarters shall be maintained or any business conducted in connection therewith while such trailer(s) is parked or stored. No other building or structure shall be attached to a vacation, boat or utility trailer.
(e) Lots Abutting Railroads or Principal Streets and Highways. The side or rear yard of any dwelling abutting any railroad, major thoroughfare, arterial highway, or freeway shall in no case be less than fifty (50) feet from the right-of-way of any railroad, (includes crossing), major thoroughfare, arterial highway, or freeway.
(f) Visibility at Intersections: (EDITOR'S NOTE: Former subsection (f) was repealed by Ordinance 73-13.)
(g) Setback Requirements for Corner Buildings. On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(h) Yard Requirements for Multi-Family Dwellings. Multi-family dwellings shall be considered as one (1) building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one (1) front, one (1) rear, and two (2) side yards as specified for dwellings in the appropriate district. Each individual building shall meet all yard requirements for the appropriate district as though it were on an individual lot.
(i) Conversion of Dwellings. The conversion of any building into a dwelling, or the conversion of any dwelling in order to accommodate an increased number of dwelling units shall not be permitted unless:
(1) The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district.
(2) The lot area per family equals the lot area requirements for new structures in that district.
(3) The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.
(4) The conversion is in compliance with all other relevant codes and ordinances.
(j) Trash Areas Required. All commercial, industrial, and multi-family residential uses shall provide a trash and/or garbage collection and pick-up area which shall be enclosed on at least three (3) sides by a solid wall or fence of at least five (5) feet in height if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Zoning Inspector shall be required.
(k) Side and Rear Yard Requirements for Nonresidential Uses Abutting Residential Properties. Nonresidential uses shall not be located nor conducted closer than forty (40) feet to any lot line of a residential property except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirements if acceptable landscaping or screening approved by the Zoning Inspector is provided. Such screening shall be a masonry or solid fence between four (4) and eight (8) feet in height maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty (20) feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height at the time of planting. Either type of screening shall not obscure traffic visibility within fifty (50) feet of an intersection.
(l) Accessory Structures in Residential Districts. No accessory structure(s) shall be erected in any required yard other than a rear or side yard, nor shall it occupy more than thirty percent (30%) of a required rear yard. A detached accessory structure may be located in the side yard setback except a side yard that abuts a street. Accessory structures shall not exceed fifteen (15) feet in height, unless a greater height is permitted by the Zoning Board of Appeals and shall be distant at least five (5) feet from all lot lines of adjoining lots which are in any residential district and ten (10) feet from any other structure on the same lot. On a corner lot in any residential district, an accessory structure shall be a distance from the side street lot line not less than the required front set back line.
Dog pens shall be located five (5) feet from a property line and the owner of the animal shall cleanup the feces from the animal so that it does not become a nuisance to the adjoining property owners.
(m) Temporary Structures. Temporary structures, construction trailers, equipment, and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a Zoning Certificate authorized by the Zoning Inspector.
(n) Architectural Projections. Open structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side, or rear yard.
(o) Exceptions to Height Regulations. The height limitations contained in these regulations do not apply to spires, belfries, cupolas, antennas, water tanks, cooling towers, ventilators, chimneys, agricultural or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(p) Agriculture. Nothing contained in this Zoning Ordinance shall prohibit the use of any land for agricultural purposes or the construction or use of buildings or structures incident to the agricultural use of the land where agricultural uses are permitted, but a Zoning Certificate shall be required for any such new building or structure.
(q) Essential Services. sential services shall be permitted as authorized by law, it being the intention hereof to exempt essential services from the application of the Zoning Ordinance.
(Ord. 76-24. Passed 9-9-24.)
1133.02 HOME OCCUPATIONS.
(a) Intent. The intent of the Home Occupations provisions is to permit an individual the opportunity to conduct a small business in the residential districts. Home occupations are limited to those uses which may be conducted within a residential dwelling or garage without in any way changing the appearance or condition of the residence or the neighborhood characteristics. Notice shall be given by mail by the Clerk of the Board within twenty (20) days to the parties having proprietary interest in the land located within two hundred (200) feet of the property in question. The names and addresses of persons having interest shall be provided by the applicant to the Clerk.
(b) Consideration by the Board. The following criteria shall be employed by the Board to determine a valid home occupation.
(1) No employment of help other than the members of the resident family and one nonmember.
(2) No direct sales of products or merchandise from the home.
(3) The use shall not generate pedestrian or vehicular traffic beyond that normal to the residential district.
(4) It shall not involve the use of commercial vehicles for delivery of materials to or from the premises.
(5) Not more than one room of space within a home or garage may be utilized for storage of materials and supplies related to the home occupation. Not more than one additional room in the dwelling shall be employed for home occupational purposes.
(6) In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, or vibration.
(7) Home occupation signs shall not exceed four (4) square feet in area.
(Ord. 33-82. Passed 2-22-82.)
1133.03 SWIMMING POOLS.
(a) Private Swimming Pools. A private swimming pool, but not including farm ponds, shall be any pool, lake or open tank not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than one and one-half (1½) feet. No such swimming pool shall be allowed in an "R" district as an accessory use unless it complies with the following conditions and requirements.
(1) The pool is intended and is to be used solely for enjoyment of the occupants and their guests of the principal use of the property on which it is located.
(2) It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten (10) feet to any property line of the property on which located nor within thirty (30) feet of any adjacent property owner's dwelling.
(3) The swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall to be not less than four (4) feet in height and maintained in good condition with a gate and lock. This section shall not apply to an above-ground swimming pool if any of the following requirements are met:
A. Its access ladder can be removed when not in use; or
B. Its access ladder can be locked in an upright position when not in use; or
C. When a pool is enclosed by a deck and the ladder and/or stairs can block any access to the deck/pool area when not in use.
(b) Community or Club Swimming Pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families and guests. Community and club swimming pools shall comply with the following conditions and requirements. Community or club swimming pools all not be permitted in the R-1 through R-5 residential districts.
(1) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than fifty (50) feet to any property line of the property on which located.
(3) The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. Said fence or wall shall not be less than six (6) feet in height and maintained in good condition with a gate and lock. The area surrounding the enclosure, except for the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees.
(c) Portable/Blow-Up/Wading/Kiddie Pools. A zoning certificate is not required for portable/blow-up/wading/kiddie pools that meet all of the following criteria;
(1) The pool is only capable for holding eighteen inches or one and one-half feet of water or less, at the deepest point, and is nine feet or less in water surface diameter at the widest point, or less than sixty-five square feet in surface area;
(2) It is not erected, whether containing water or not, on one’s property, when not wholly enclosed inside of a building, except for between and including the dates of May 1st through September 30th of the same calendar year;
(3) It shall not create any safety or health hazards. It is solely the responsibility of the property owner that these types of pools are not a safety hazard or do not become a health hazard;
(4) Are not permitted in front yards;
(5) Are not equipped with a water recirculating system or involve structural materials;
(6) It may be required to be removed or required to adhere to the swimming pool regulations if all criteria are not met as determined by the Zoning Inspector or his designee.
(7) A portable plastic, metal or vinyl outdoor swimming pool two feet or under in height shall have a protective cover of plastic and shall be properly secured, or if not covered, shall be drained, when not in use.
(8) Swimming pools capable of holding more than eighteen inches of water, regardless of material, shall require a permit in accordance with subsection (a) above. (Ord. 81-23. Passed 8-28-23.)
1133.04 MOTEL REGULATIONS.
(a) Lot Size. No motel or motor hotel shall have a lot area less than two (2) acres nor a lot per sleeping unit of less than two thousand (2,000) square feet. Minimum gross floor area of not less than 240 feet per occupancy its required.
(b) Lot Area. The building and structures on the lot shall not occupy in the aggregate more than twenty-five percent (25%) of the area of the lot.
(c) Lot Lines. All buildings and structures shall be distant at least fifty (50) feet from front and rear lot lines and at least twenty-five (25) feet from the side lot lines.
(d) Sanitary Regulations. Motels or motor hotels shall comply with the sanitary regulations prescribed by the Board of Health, the regulations of the Building Code and as may otherwise be required by law.
(e) Vehicular Access. No vehicular entrance to or exit from any mote1 or motor hotel whenever such may be located, shall be within two hundred (200) feet along streets from any school, public playground, church, hospital, or shall be within five hundred (500) feet of the limits of the rights-of-way of any interchange.
(Ord. 33-82. Passed 2-22-82.)
1133.05 SIGN REGULATIONS. (REPEALED)
(EDITOR’S NOTE: Former Section 1133.05 was repealed by Ordinance 77-24, passed September 9, 2024. See Chapter 1136 for relevant provisions.)
1133.06 OFF-STREET PARKING AND LOADING FACILITIES. (REPEALED)
1133.07 PUBLIC WATER SUPPLY, SANITARY SEWERS AND STORM DRAINAGE.
(a) Intent. In all districts, in connection with every new industrial, commercial, business, trade, institutional, recreational, dwelling and similar uses, provisions shall be made for suitable and appropriate supply of water, the disposal of sanitary wastes, and the removal of storm water drainage.
(b) Disposal of Sanitary Wastes and Storm Water Drainage. Provisions for the disposal of sanitary waste and the removal of storm water drainage shall be in such manner as not to create a nuisance or cause an added burden upon any other property and shall not adversely affect any other property. If the lot, parcel, tract, or division of land being developed can be served by extension of public water mains, public sanitary sewers, and public storm drain lines, as determined by the Commission, the applicant/owner shall construct or otherwise arrange for the extension and installation of these essential public facilities; in which case, the Zoning Certificate for each lot or building site shall be withheld until such improvements are installed or arranged for in full compliance with the standards and requirements of the City of Conneaut subdivision regulations, the City Board of Health, the Ohio Environmental Protection Agency, and other agencies and regulations as may be involved.
(c) In case the lot, parcel, tract, or division of land proposed to be developed is not immediately accessible to such public facilities:
(1) The Commission may, after obtaining and considering reports from the local or state Board of Health, or the Ohio Environmental Protection Agency refuse to permit the area to be developed if the proposed use is deemed detrimental to the health and general welfare of the surrounding community. Or, the Commission may approve the proposed use of the land provided the sanitary sewer mains and lateral connections are installed and appropriate provisions and arrangements can be made for the construction, operation, and maintenance of an interim group sewage disposal facility, water supply, and storm drainage lines pending permanent connection to the public systems. Group sewage disposal systems shall meet requirements of the City Engineer and the State Department of Health as cited in Sections 3701.21, inclusive, of the “Revised Code Title XXXVII, Health-Safety- Morals of the State of Ohio.” Public wells and other public water distribution systems shall meet the requirements of the State Department of Health as cited in Sections 3701.18 to 3701.21, inclusive, of the “Revised Code Title XXXVII, Health-Safety-Morals of the State of Ohio.”
(d) Lot Area Requirements. In any district, where neither public water supply nor public sanitary sewer is accessible, such areas shall be withheld from major developments unless the required improvements relating to the installations of public water supply and public sanitary sewers, as set forth in the Land Planning and Subdivision Regulations of the City of Conneaut, Ohio are fully complied with.
(Ord. 33-82. Passed 2-22-82.)
1133.08 COASTAL ZONE MANAGEMENT REGULATIONS.
(a) Intent. The intent of these regulations is to promote and protect human life and health, minimize the loss of structures to coastal erosion, and reduce extraordinary governmental expenditure for erosion protection and relief.
(b) General Requirements. The regulations contained in this section are a nonstructural approach to reduction of damages from shore erosion. A nonstructural program utilizing setback provisions, based on recession rates, to protect permanent structures from damage is preferred. In accordance with this approach, new permanent structures, including septic systems and tile fields, must be constructed at a sufficient distance landward from the bluffline to insure that the structures are not prematurely undermined and destroyed by erosion. The required distance between the bluffline and the lakeward side of the permanent structure is the setback.
(c) Recession Rate Determination. The bluff recession rate was determined by the Ohio Geological Survey comparing low altitude aerial photographs of the shoreline from two different time periods and noting the rate of change in position of the bluffline. The average annual recession rate for the shoreline along Conneaut has been determined to be 1.5 feet per year.
(d) Setback Requirement. The bluffline setback is calculated from the average annual recession rate, expressed in feet per year (1.5), multiplied by 30 years. This process yields a minimum required setback distance of forty-five (45) feet from the bluffline for permanent structures. This setback requirement achieves two main objectives. First, it will alert the owner, or buyer, of shoreline property to the potential erosion hazard, and second, it provides protection for a period of time roughly corresponding to the mortgage life of a new structure.
(e) Variance Criteria. If a parcel does not have adequate depth to provide the minimum required setback from the bluffline a variance may be granted only if certain criteria are met:
(1) If a sanitary sewer is not used the septic system must be located on the landward side of the structure.
(2) The structure must be located as far landward of the bluffline as zoning restrictions will allow.
Also the following requirements must be met:
(1) The structure shall be designed and constructed to be moveable. Especially important, the foundation and other construction materials must be removed and disposed of as part of the moving operation. Also, access to and from the structure site must be of sufficient width and acceptable grade to allow for actual moving of the structure. A long term erosion control device shall be constructed and properly maintained. Such structure shall meet the approval of the Ohio Department of Natural Resources.
1133.09 MOBILE HOME PARK REGULATIONS.
(a) Application of Regulations and License. No person, firm, or corporation shall maintain or operate a mobile home park in Conneaut without a license issued by the Conneaut Board of Health. The license shall be issued for a period of not to exceed one (1) year and may be suspended or revoked at any time for failure to comply with these regulations. A person, firm, corporation, or other entity which has received a license upon the sale of a park, may, upon consent of the Conneaut Board of Health, have the license transferred more than once.
(b) Approval Procedure. Mobile homes shall be located only in Mobile Home Parks and shall be developed according to the standards and regulations stated and referenced in this section.
(c) Approval Required. No person, firm, or corporation shall provide or install a mobile home park or make a change or addition to a park until the plans have been submitted to and approved by the Conneaut Board of Health.
(d) Submission for Approval of Plans. Any person, firm, governmental entity or corporation submitting for approval of plans shall submit plans and specifications which shall include the following:
(1) Notice of site approval from the Conneaut Board of Health.
(2) Flood Plain information.
(3) Verification by the Conneaut Fire Department of adequate fire protection and the method and layout for fire protection.
(4) The total area to be used for mobile home park purposes.
(5) Plat plan of total park and developmental phases.
(6) Internal street system and parking spaces.
(7) Method and plan for drainage of surface and storm waters.
(8) Location and design of public and private service buildings.
(9) Location, numbers, and sizes of mobile home lots.
(10) Method and layout of the electrical distribution system including mobile home service connections.
(11) Area lighting plan.
(12) Method and plan for support and anchorage of mobile homes.
(13) Method of storage and collection of solid wastes.
(14) Profile and design of the sanitary sewerage system and water distribution system plan.
(e) General Provisions.
(1) No one may apply for a Zoning Certificate and Building Permit for a mobile home park which is not tied onto the City sanitary sewer system or without first obtaining approval from the Ohio Environmental Protection Agency for a package treatment plant in a non-sewered area.
(2) Mobile homes, travel trailers, boats and house vehicles shall not be used as living quarters, except mobile homes occupied within a mobile home park.
(3) Any mobile home not located within a mobile home park is privileged to remain at its present location, but may not be moved to another location within the City except by meeting the requirements stated herein.
(f) Site Review. The mobile trailer park site shall be well drained, shall be remote from public health hazards, and shall present a pleasing and well-kept appearance at all times including:
(1) Each lot in a mobile home park constructed, changed, or added shall have a land area of not less than forty-five hundred (4500) square feet.
(2) The body of each mobile home in mobile home parks shall be located upon the lot so as to provide not less than twenty (20) feet clear distance between the sides of trailers, fifteen (15) feet clear distance between the end of any trailer, and ten (10) feet clear distance between trailers placed end to end. In computing these distance requirements, lean-tos, auxiliary rooms, and similar accessories connected to the house trailer, but not including temporary porches and canopies which are open on two or more sides and constructed of fire-resistant materials, shall be considered as part of the mobile home. Any free-standing accessory buildings shall not be placed in the clear distance required between mobile homes, home and lot line, and homes and roadways.
(3) The operator of the mobile park shall be responsible for defining the mobile home lot boundaries and requiring the proper placement of the mobile home upon the lot in order to provide the placement of any existing or future mobile home to assure compliance with the minimum space requirements of this regulation.
(4) The body of each mobile home in mobile home parks, shall be located upon the lot so as to provide not less than fifteen (15) feet distance from any building, public roadway, street, or alley, and not less than ten (10) feet distance from roadways and parkways within the mobile home park, and not less than five (5) feet distance from the mobile home property line.
(5) The tract of land to be developed as a mobile home park shall contain a minimum of five (5) acres.
(6) Before a mobile home park may be occupied, it shall be a condition that at least one-third () of the mobile home lots be completed and ready for occupancy, with the installation of all roadways and drives, sidewalks, lighting, public utilities, service and management buildings.
(7) Each mobile home park shall set aside and provide suitable recreational space consisting of not less than eight percent (8%) of the gross park area. As provided, recreational facilities shall meet laws and regulations and shall be appropriate for the intended use.
(g) Accessory Buildings. A freestanding accessory building shall be constructed of fire resistant material and no freestanding accessory building shall be placed within five (5) feet of any occupied mobile home.
(1) No freestanding accessory building shall be placed within three (3) feet of the lot line of any adjacent mobile home lot.
(2) Not more than two (2) freestanding accessory buildings shall be placed on any mobile home lot.
(h) Tiedown. Every mobile home manufactured with tiedown equipment shall be secured with tiedowns within thirty (30) days after the placement of a mobile home upon a lot. Tiedowns shall be in accordance with the requirements of the individual mobile home manufacturer or the Northern Zone of National Fire Protection Association 1977 Standard NEPA 501A.
(i) Street, Driveways, and Auto Parking.
(1) The mobile home lot in each mobile home park shall abut on a paved street within the mobile home park which has a clear unobstructed paved width to accommodate the contemplated parking and traffic load in accordance with the type of street as follows:
A. All entrance and exit two-way streets shall have a minimum width of thirty (30) feet exclusive of any median strip. One-way entrance and exit streets shall have a minimum width of twenty (20) feet;
B. All collector, minor, or cul-de-sac streets may have a minimum width of twenty (20) feet and parking is not permitted;
C. The operator may permit parking on both sides of streets having a maximum width of thirty-five (35) feet;
D. The operator may permit parking on both sides of streets having a minimum width of twenty-eight (28) feet which have been designated as "one-way";
E. The operator may permit parking on one side of "two-way" streets having a minimum width of twenty-eight (28) feet; .
F. The operator may permit parking on one side of streets having a minimum width of twenty-(20) feet which have been designed as "one-way";
G. If flexible paving is used it shall consist of a minimum of three (3) inches of asphalt concrete placed on top of not less than six (6) inches of properly prepared aggregate base. If rigid pavement is used, it shall consist of a minimum of five (5) inches of plain Portland cement concrete. Alternate pavements approved shall have a strength equal to either of the above, to be permitted for installation and use. The subgrade in either case shall be well- drained, well compacted, and smoothly graded;
H. The operator shall provide an area or areas throughout the mobile home park for visitor parking if the streets having a minimum width of twenty (20) feet are designed as "two-way".
(2) No mobile home lot shall have a direct access way for vehicles to a public thoroughfare.
(3) The street system in a mobile home park shall have unobstructed access to a public thoroughfare.
(4) Each mobile home lot in each mobile home park shall be provided with an on lot parking space for one (1) automobile. The parking space shall be paved according to the same specifications as the streets.
(5) Each mobile home lot in each mobile home park shall be provided with paved strips, piers or a pad of such width and length and so positioned as to furnish a stable base for the mobile home.
(6) All mobile home park streets shall be maintained in a safe, passable condition at all times.
(j) Utility Requirements.
(1) Every mobile home park shall be served by public water.
(2) Each mobile home lot shall be provided with a water service pipe of not less than one-half (½) inch in diameter. Such water service pipe shall be connected to the mobile home water distribution system and protected against freezing in a manner satisfactory to the mobile home park operator.
(3) No water supply line or water service pipe shall be laid in the same trench with a sanitary sewer. Where necessary to cross, the water line or water service pipe shall be laid not less than one (1) foot above the top of the sanitary sewer or otherwise satisfactorily protected.
(4) In all mobile home parks, management and maintenance offices and laundry and drying facilities in a permanent structure shall be provided.
(5) All mobile home park buildings, lots, roadways, walkways, water supply systems, sewage systems, and other facilities shall be maintained in a condition satisfactory to the Board of Health at all times. Cleaning and maintenance of these facilities shall be a responsibility of the mobile home trailer park operator.
(k) Rules. The operator shall establish, and post in conspicuous places, rules satisfactory to the Board of Health governing the operation and maintenance of the mobile home park. The operator shall promptly take all necessary legal procedures to cause any occupant who willfully or maliciously damages the facilities or violates the rules to be ejected.
(l) Location Standards for Mobile Home Parks. The Planning Commission and City Counci1 shall review the particular facts and circumstances of each proposed mobile home park in terms of the following standards and shall find adequate evidence that the proposed mobile home park developed:
(1) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the neighborhood and that such use will not change the essential character of the same area.
(2) Will not be hazardous or detrimental to existing or future neighboring uses.
(3) Will be served adequately by essential public facilities and services such as water, sewer, drainage, police and fire protection, refuse disposal and schools, or that the persons or agencies responsible for the establishment of the proposed park shall be able to adequately provide such services.
(4) Will be consistent with the purpose and intent of this Zoning Ordinance and the Comprehensive Plan.
(5) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
(6) Will not result in the destruction, loss, or damage of natural, scenic or historic features of major importance.
(m) Fees. The licensor of a mobile home park shall charge an annual fee for the right to operate such park. Such fee includes the cost of licensing and all inspections. A portion of each license fee shall be transmitted by the Board of Health to the Treasurer of the State to be credited to the general revenue fund. The portion of this fee retained by the Board of Health shall be paid into a special fund and used only for the purpose of administering and enforcing Sections 3733.01 and 3733.08 of the Ohio Revised Code and the rules adopted thereunder.
(Ord. 33-82. Passed 2-22-82.)
1133.10 OIL AND GAS WELL REGULATIONS.
(a) Intent. The intent of these regulations is to promote safety conditions related to the location of oil and gas wells.
(b) General Requirements. All oil and gas wells drilled in the City of Conneaut must meet State permit requirements as found in Chapter 1509 of the Ohio Revised Code.
(c) Regulations. In addition to the State requirements for the spacing of wells the following regulations shall apply:
(1) No residential structure, public building, place of resort, assembly, education, entertainment, lodging, or occupancy by the public shall be constructed nearer than one hundred and fifty (150) feet to any well.
(2) No public street, road, or highway shall be constructed nearer than fifty (50) feet to any well.
(3) Provisions shall be made for protection from fire and for health and safety.
(Ord. 33-82. Passed 2-22-82.)
1133.11 FENCES, WALLS, HEDGES OR PLANTINGS.
(a) Fences, Walls, Hedges or Similar Plantings or Structures. Fences, walls, plantings or hedges may be permitted in any yard, or along the edge of any yard, subject to the provisions of this section. A permit must be obtained prior to the insta llation. construction or expansion of any fence.
(b) Definitions.
(1) Barbed Wire Fence. "Barbed wire fence" means a fence made with metal wire having sharp points or barbs along its length.
(2) Chain Link Fence. "Chain link fence" means a fence made of loops of metal wire interconnected in a series of joined links.
(3) Open Ornamental Fence. "Open ornamental fence" means a fence (including any gates) which is one of the permitted open ornamental fence types identified below for their beauty or decorative effect. When faced directly. no more than fifty percent (50%) of the area between supporting posts or an open ornamental fence shall be obstructed by fence elements. Permitted open ornamental fences are:
A. Rail or split rail fences. A "rail or split rail fence" is a fence constructed of narrow, whole or split wooden timbers, placed horizontally between upright supporting posts.
B. Picket fence. A "picket fence" is an open fence made of upright pales or slats made of wood. metal. or vinyl.
C. Wrought iron fence. A "wrought iron fence" is an open fence made of upright metal rods. which is or is designed to appear to be a traditional wrought iron fence or a modern variation thereof.
(4) Privacy Fence. "Privacy fence" means a fence. including any gates, made to inhibit public view and provide seclusion. When faced directly, at least twenty-five percent (25%) of the fence surface shall be open. Permitted privacy fences are:
A. Basket weave or woven fence. A "basket weave or woven fence" is a fence made of interwoven strips or slats of flexible or semi-flexible wood or vinyl material in which the pattern has the appearance of a plaited basket.
B. Louver or board on board fence. A "louver or board on board fence" is a fence made of a series of slats of wood or vinyl placed at angles or positioned so as to provide air, but to deflect light perpendicular to its vertical plane.
C. Solid Fence. "Solid fence" means any fence composed of vinyl boards or panels which are assembled to abut one another and to create a surface with no openings for light or air. Any fence which is so constructed over one-half or more of its height shall also be interpreted as a solid fence. A stockade fence as defined in this chapter is not permitted.
(c) Application for such fence shall be made in writing to the City and shall be accompanied by a payment of a fee established by City Council and plans or drawings showing the following:
(1) The actual shape and dimension of the lot on which the fence is to be constructed;
(2) The exact location, height, length, type or material and type of construction of the proposed fence; and
(3) The location of all buildings on the lot.
(d) Maximum Height. Unless specified otherwise in this section, the height of fences and walls shall not exceed six feet six inches (6' - 6") in height in any side or rear yard. In all districts no fence shall be over three feet four inches (3' - 4") in height unless the fence is ninety percent (90%) open, then such fence may be four feet four inches (4' - 4") in height along a property line in a front yard or front yard setback. No wall, planting, or hedge in a front yard or front yard setback shall be over three (3) feet in height.
(e) Fences, walls and hedges within corner visibility areas shall not obstruct the view of vehicles or impede pedestrian traffic.
(f) In an industrial district, a fence may be permitted up to eight (8) feet in height along the side or rear lot line.
(g) Junk yards shall be fenced in on all sides with a fence of no less than six (6) feet in height.
(h) Barbed wire or any other material deemed hazardous shall be prohibited in a residential district except as allowed to contain animals as allowed under the R-1 Residential District.
(i) Soils used to create a berm shall not exceed two (2) feet in height and plantings shall not exceed four (4) feet in height in total.
(j) Obstructions Prohibited. No fence shall be erected or maintained in such a way as to obstruct the vision of motorists and/or prohibit an adjoining property owner from entering or exiting driveways. No fence or wall shall be erected within any public right-of-way.
(k) Orientation. All fences shall be constructed so that the finished side faces adjacent property or anv public right of way.
(l) Exemptions. The following shall be exempt and shall not require a permit: Electronic fences (such as those used to contain animals) buried beneath the ground shall not be regulated by this section, a temporary fence to enclose a garden located in a rear yard only, fencing required by correctional facilities, for recreational purposes such as ball diamonds or similar recreational purposes, or fencing that surrounds flower gardens of no more than two (2) feet in height.
(m) Trees, shrubs, flowers or plants shall be permitted in any front, side or rear yard, in conformance with subsection (l) of this section.
(n) Other Specified Structures. Walls, driveways, arbors, curbs, retaining walls, mailboxes, name plates, lamp posts, bird baths and structures of a like nature shall be permitted in any front, side or rear yard provided they do not exceed the height allowed in subsection (a) of this section for front yard fences.
(o) Other Standards. The following additional standards shall apply to all fences, walls
and hedges in any zoning district:
(1) Fences may be placed up to one (1) foot from the front lot line in a front yard or front yard setback or within two (2) inches of a side or rear property line except that no parts of any fences, including foundations, may extend beyond any lot line.
(2) If a fence exists in the rear or side yard of an adjacent lot, only one other fence may be placed along the adjoining boundaries of such adjacent lot. Areas between abutting fences must be maintained in accordance with this chapter and the City's Code of Ordinances.
(3) Material. Fences shall be constructed out of the following materials:
A. Wood or vinyl simulating wood.
B. Wrought iron or aluminum simulating wrought iron.
C. Stone, brick, concrete with stone or brick veneer, or pre-cast concrete simulated stone or brick.
D. Chain link or vinyl clad chain link, in the rear or side yard only with a maximum height of four (4) feet in all districts except commercial and/or industrial.
E. Woven-wire rolled" type fencing (i.e. cedar slat, plastic, mesh, etc.) are prohibited.
F. No welded wire fence or wire shall be erected in any front yard within a residential district, unless enclosing a retention pond approved by the Planning Commission.
(4) The use of electric current or charge on any fence or part thereof is prohibited except for the use of wire-strand electric fences used for the purposes of containing animals in the Agricultural and R-1 Residential District and subject to the approval by the Zoning Department upon review of application.
(5) Orange plastic fencing, snow fencing, cyclone fencing, silt fencing, or similar type fencing shall be prohibited in a residential district unless required during construction to comply with other governmental agencies or regulations. When used to enclose a garden, the fencing shall be removed by November 1 of the current year. Snow fencing shall be allowed to be in place from November l of the current year to March 31 of the following year to control snow drifting.
(6) A decorative entry fence with an archway of six feet six inches (6'- 6") in height, including a light fixture or decorative object is allowed for a distance of six (6) feet in any direction that gradually slopes to a height of four feet four inches (4'-4") or less, in a front yard or front yard setback, erected parallel to the property line that abuts a residential walkway leading up to an entity of a residential building or driveway and complies with and does not constitute a traffic hazard.
(7) A decorative entry gate and/or archway for a driveway entry including a light fixture or decorative object is allowed for a distance of six (6) feet in any direction that gradually slopes to a height of four feet four inches (4'-4") or less, in a front yard or front yard setback, erected parallel to the property line and does not constitute a traffic hazard.
(8) The Zoning lnspector shall take into consideration the existing grade of the property as it affects the heights of the fence.
(9) The property owner is solely responsible for making sure that the fence is placed upon their property and therefore should make every effort to locate the property markers. In addition, if the fence will require maintenance, the property owner making application shall make allowances in the setback so as not to need permission from the adjacent property owner for said maintenance. The issuance of a permit by the City shall not be construed to mean the City has determined the fence is not encroaching upon another lot nor shall it relieve the property owner of the duty imposed herein.
(10) For those fences, walls, plantings or hedges planted or installed prior to the passage of this section shall be allowed to remain until such time as the fence, wall, planting or hedge is in need of repair or becomes a hazard to the public. (Ord. 78-24. Passed 9-9-24.)
1133.12 DONATION DROP-OFF BOXES.
(a) In all non-residential zoning districts, Donation Drop-Off Boxes are permitted only in accordance with the following standards and procedures which shall apply to all current and future Drop-Off Boxes:
(1) Drop-Off Boxes are permitted only as a use accessory to an established and primary permitted use.
(2) Drop-Off Boxes are subject to the approval of a Zoning Permit by the City of Conneaut, and upon submitting an application and any fees established by the City Council with written authorization by the property owner or his legal representative and a copy of the businesses liability insurance.
(3) Drop-Off Boxes shall not:
A. Obstruct pedestrian or vehicular circulation.
B. Be located in public rights-of-way.
C. Be located in any Residential (except on properties owned by religious or non-profit organizations where collecting of clothing is part of their mission) or Coastal Business District (B-4).
D. Be located in any required front yard or front yard setback, landscape areas, drive aisles, required parking spaces, fire lanes, loading zones, or any other location that may cause hazardous conditions, constitute a threat to the public safety, or create a condition detrimental to surrounding land uses and developments.
E. Occupy parking spaces nor reduce the number of available parking spaces below the minimum number required for the site.
F. Be located closer than 300 feet to any front lot line or required front yard setback on a parcel that is located on a state route such as those highways commonly known as SR-531, SR-20, and SR-7, unless otherwise approved by the Planning Commission.
G. No signage shall be allowed other than that which is placed upon the Drop-Off Box.
(4) On a lot with a single business a Drop-Off Boxes may be located along side of or in the front of a building as long as the Drop-Off Box does not impede pedestrian travel.
(5) Each Drop-Off Box shall have a firmly closing lid and shall have a capacity no greater than six (6) cubic yards. No Drop-Off Box shall exceed seven (7) feet in height and shall be lockable.
(6) Drop-Off Boxes may be constructed of painted metal, rubber, wood or plastic and shall be properly maintained in a safe and good condition such as being free from dirt and grease. free from chipped, faded, peeling and cracked paint, free of rust and corrosion, and free of cracks, dents, blemishes, and discoloration.
(7) Drop-Off Boxes shall be clearly marked to identify:
A. The specific items and materials requested to be left for donation.
B. The name of the operator or owners of the donation container.
C. A telephone number where the owner, operator or agent of the owner or operator may be reached at any time.
D. Whether the owner of the Drop-Off Box is Non or For profit entity.
E. The Donation Drop-Off Box shall also display a notice stating that no items or materials shall be left outside of the Drop-Off Box.
(8) All donated items must be collected and stored in the Drop-Off Box. Donated items or materials shall not be left outside of the Drop-Off Boxes.
(9) The Property Owner shall be responsible for maintaining the area around the Drop-Off Box. The property owner shall contact the Drop-Off Box owner within two business days when any materials, furniture, other items, or clothing are left outside the box, in order to immediately correct the violation.
(10) The Owner or Operator of the Drop-Off Box shall remove the clothing or items once a week, or more frequently if needed.
(11) The number of boxes permitted by an Owner or Operator Drop-Off Boxes shall be limited to 1 box per 1,500 residents based up the most current census data.
(12) No more than three (3) Drop-off Boxes shall be allowed on any one property whether from one company or two.
(13) The Property Owner and Owner of record of a Drop-Off Box not located or maintained in compliance with this section shall be notified by certified mail that the violation shall be corrected within five (5) days from the date of the letter or the zoning permit shall be revoked and the city shall take appropriate action for compliance which may include removal and disposal of the Drop-Off Box. Any funds resulting in the disposal of the Drop-Off Box shall become property of the City of Conneaut.
(14) The property owner and/or owner of a Drop-Off Box may appeal the decision of the Zoning Manager to the Zoning Board of Appeals.
(Ord. 76-14. Passed 10-14-14.)
1134.01 PURPOSE.
(a) The provisions of this chapter are intended to ensure that adequate off-street parking is provided to meet the parking needs of uses located in the City of Conneaut. Off-street vehicular and bicycle parking, loading, stacking spaces and access drives shall be provided in accordance with these standards in order to relieve traffic congestion on streets; promote viable commercial and industrial areas; and protect residential neighborhoods; encourage the use of environmentally sustainable design elements; and protect the public health, safety and general welfare.
(b) The provisions set forth in this chapter also allow for a reduction in parking requirements when warranted, such as when development is easily accessible by alternate modes of transportation, including walking, biking and public transportation; when the surrounding density and development patterns foster pedestrian access; and when parking spaces can be reasonably shared by adjacent uses.
(Ord. 14-18. Passed 11-26-18.)
1134.02 OFF-STREET PARKING FACILITIES REQUIRED.
(a) No person shall construct, convert or enlarge a residential or non-residential building into a duplex or multi-family dwelling unit without first providing the City Planning and Zoning Manager with an off-street parking plan in conformity with this chapter.
(b) No person shall construct or enlarge a non-residential building without first providing the City Planning and Zoning Manager with an off-street parking plan in conformity with this chapter. (Ord. 14-18. Passed 11-26-18.)
1134.03 DEFINITIONS AND COMPUTATIONS.
In computing the number of parking spaces required by this chapter, the following definitions and computation rules shall apply:
(a) Definitions.
(1) "Access drive." A paved strip, which provides a vehicular connection between off-street parking spaces and a public street.
(2) "Commercial vehicle." Any motor vehicle or trailer, including but not limited to a truck, bus, trailer and/or moving van, used for business, industrial, office or institutional purposes; or having painted thereon or affixed thereto a sign identifying a business, industry, office or institution, or a principal product or service of such.
(3) "Cross access." A service drive providing vehicular access between two or more adjacent properties so the driver need not enter the public street system.
(4) "Fleet vehicle." Any car, truck, van, and other vehicle, including motorized equipment which is used as part of the operation of a retail, commercial, industrial or other use, but not including a privately-owned customer or employee vehicle.
(5) "Loading space, off-street." An area located completely outside of any public right-of-way and on the same lot with a building or contiguous to a group of buildings, for the temporary parking of vehicles entering the premises for loading or unloading merchandise or materials.
(6) "Parking lot, public." A surfaced area which is used for the parking of vehicles, and which does not serve any specific main use but, rather, a number of uses open to the general public, and where a parking fee may or may not be charged.
(7) "Parking lot." An outdoor paved area made up of marked parking spaces where motor vehicles may be stored for the purpose of temporary off-street parking. Also known as a "parking area."
(8) "Parking space." An area, exclusive of drives, defined by painted lines, raised curbs or a combination thereof, outside the public street right-of-way that is used for the parking or temporary storage of a motor vehicle. It may be either open land or within a structure, partially or wholly enclosed.
(b) Computations.
(1) Unless clearly specified otherwise, where floor area is designated as the standard for determining parking space requirements, gross floor area shall be used, and shall be the sum of the gross horizontal area of all the floors measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
(2) Where "floor area" references floor area devoted to a specific use, such as "area used by customers" or "area used for dancing, skating or assembly," area shall be the total floor area used or intended to be used for such activity.
(3) Where seating capacity is the standard for determining parking spaces, the capacity shall be the number of seats installed or indicated, or one seat for each 24 linear inches of benches or pews; when fixed seats are not indicated, the capacity shall be determined as being one seat for each 20 square feet of floor area of the assembly room.
(4) The parking spaces required for mixed uses and uses that have components with separate requirements (such as but not limited to hotels with meeting room space) shall be the sum of the parking required for each use or use component considered separately.
(Ord. 14-18. Passed 11-26-18.)
1134.04 GENERAL REQUIREMENTS.
The following requirements shall apply to all uses in all districts:
(a) Parking facilities shall not cause any obstruction of, nor in any manner interfere with the free use of an alley, street, or adjoining property.
(b) When an off-street parking area is bounded by a street or property line, a bumper rail or wheel stop shall be provided along the entire street or property line boundary, except such portions as are used for entrances and exits.
(c) All lighting used to illuminate such parking areas shall be so arranged as to direct the light away from adjoining premises or street, and no open light sources, such as the stringing of light bulbs shall be permitted.
(d) Spaces for more than ten (10) vehicles shall be effectively screened on each side of any residential district by a masonry wall, well maintained fence, compact hedge, or strip of land. Such strip of land shall be at least four (4) feet wide and densely planted with shrubs. Any wall, fence, or planting shall not be less than two and one-half (2 ½) feet in height nor more than four (4) feet in height in any residential district.
(e) No vehicular entrance to or exit from any commercial or industrial use permitted within two hundred (200) feet from any school, public playground, church, hospital, library, or similar institution, except where such property is in another block or on another street which the premises in question do not abut.
(f) Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access at street intersection corners. There shall not be more than two (2) access ways abutting any given street. Entrances and exits for duplexes, multi-family dwelling units and non-residential buildings shall have a maximum width of 30 feet at the street curb cut line. Residential use may have access ways of not less than ten (10) feet.
(g) In any business district or industrial district, off-street parking areas may occupy all, or any part of any required yard space, except the required front yard.
(Ord. 14-18. Passed 11-26-18.)
1134.05 SCHEDULE OF REQUIRED PARKING SPACES.
The required number of off-street parking spaces for each facility or use shall be determined by the application of the standards noted in Schedule 1134.05(d). If the computation results in a fractional space, the number shall be rounded up to the next whole number.
(a) For a use not specified in Schedule 1134.05(d), the spaces required shall be the same as that required for a similar type use as determined by the Planning and Zoning Manager.
(b) The required parking spaces shall be located on the same lot with the building or use served unless shared parking is approved in accordance with Section 1134.06
(c) The purpose of required parking spaces is to provide enough on-site parking to accommodate the majority of traffic generated by the range of uses which might locate at the site over time. Reductions to these minimum standards may be permitted as set forth in Section 1134.07.
Schedule 1134.05(d) Required Off-Street Parking Spaces | |
Building or Use | Minimum Parking Space |
(1) Residential. | |
A. Single-family dwelling | 2 spaces per dwelling unit |
B. Two-family dwelling | 1.5 spaces per dwelling unit |
C. Apartment building (3 or more units) | 1.5 spaces per dwelling unit |
D. Senior housing, independent units | 1 space per unit |
E. Assisted care, congregate care, nursing home | 0.75 space per bed |
F. Hotels, motels, tourist homes | 0.75 space per guest room |
G. Extended stay hotel | 1 space per suite |
(2) Institutions. | |
A. Hospitals | 2 spaces per bed |
B. Churches and other places of worship | 1 space per each 6 seats in auditorium or assembly room |
C. Funeral home, mortuaries | 1 space per 50 sq. ft. of assembly rooms |
(3) Amusements and Assembly. | |
A. Theaters, arenas, stadiums and other auditoriums | 1 space per each 6 seats in assembly rooms |
B. Dance halls, skating rinks, lodge halls, assembly rooms | 1 space per 75 sq. ft. of area used for dancing, skating or assembly |
C. Bowling alley | 4 spaces per each alley |
(4) Offices and Medical Uses. | |
A. Professional and general business offices | 1 space for each 350 sq. ft. of gross floor area |
B. Medical and dental offices, and clinics | 1 space per 200 sq. ft. of office area |
C. Research and development, medical laboratories | 1 space for each 400 sq. ft. of gross floor area |
D. Animal clinics, veterinary offices | 1 space for each 300 sq. ft. of gross floor area |
(5) Retail Business Establishments. | |
A. Retail stores, banks, service establishments unless specific standard provided below (i) | 1 space per 250 sq. ft. of gross floor area |
B. Bar, tavern, live entertainment venue | 1 space per 3 persons of the designed capacity of the tenants space |
C. Restaurant, carry out (seating area comprises less than 10% GFA) (i) | 1 space per 350 sq. ft. of gross floor area |
D. Restaurant, dine-in (i) | 1 space per 50 sq. ft. of area used by customers |
E. Seasonal outdoor dining areas < 500 sq. ft. | No additional parking required |
F. Seasonal outdoor dining areas > 500 sq. ft. | Ratio is 50% of ratio required for primary structure |
G. Furniture, home furnishings, office equipment and business equipment store | 1 space per 1,000 sq. ft. of gross floor area |
H. Freestanding retail or service use < 3,000 sq. ft. (i) | 1 space per 200 sq. ft. of gross floor area |
I. Shopping center > 75,000 sq. ft. and comprised of a minimum of 3 separate businesses | 1 space per 275 sq. ft. of leasable floor area |
(6) Automotive | |
A. Auto service facility (i) | 2 spaces per service bay |
B. Car sales, indoor/outdoor | 1 space per 2,000 square feet of interior or exterior sales display area, up to a total of 20 spaces |
C. Car wash, automated(i) | 3 spaces per wash tunnel, plus 1 per each 2 employees on largest shift |
D. Car wash, self-service (i) | 1 space per bay, plus 1 per each 2 employees on largest shift |
E. Gasoline station (i) | 0.5 space per pump plus 1 space per 500 sq. ft. of retail area |
(7) Industrial. | |
A. Manufacturing plants, printing, bottling, bakeries, machine shops and similar establishments | 1 space per 800 sq. ft. of gross floor area |
B. Storage and warehousing | 1 space per 1,500 sq. ft. of gross floor area |
C. Mini self-storage | 1 space per 3,000 sq. ft. of gross floor area |
(Ord. 14-18. Passed 11-26-18.)
1134.06 ALLOWANCE FOR SHARED USE OF PARKING FACILITIES.
Shared parking is allowed between two or more parcels to satisfy a portion of the minimum off-street parking requirement provided that it complies with the following provisions:
(a) A written agreement recorded at the office of the Ashtabula County Recorder which includes a valid legal description, provides for the shared use of parking, guarantees access to, use of, and management of designated spaces and is binding upon the heirs, successors and assigns of the parties. This Agreement shall be executed by the owners of the properties involved and approved as to form by the City Law Director and the Planning and Zoning Manager Sharing privileges shall continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, parking shall be provided as otherwise required by this chapter. A shared parking agreement shall not be modified or terminated without the prior written consent of the City.
(b) Parking spaces may be considered for sharing when located within the required distance from the proposed use as noted below:
(1) Shared spaces for residential units must be located within 300 feet of the dwelling unit entrances they serve.
(2) A minimum of 80% of the shared spaces for nonresidential units must be located within 500 feet of the principal building entrances of all sharing uses. A maximum of 20% of the spaces may be located greater than 500 feet but not less than 800 feet from the principal entrances.
(3) Clearly delineated and direct pedestrian connections shall be provided from the shared parking areas to the building entrances.
(4) Pedestrians shall not be required to cross an arterial street to access shared parking facilities except at a signalized intersection along a clearly delineated pedestrian pathway.
(5) The Planning and Zoning Manager may require an applicant requesting shared parking to submit a shared parking plan showing the parking spaces proposed for sharing and their proximity to the uses they will serve.
(Ord. 14-18. Passed 11-26-18.)
1134.07 REDUCTIONS IN PARKING REQUIREMENTS.
Off-street parking requirements may be reduced based on the provisions of this section.
(a) Approval Authority.
(1) The Planning and Zoning Manager may approve a reduction in required parking spaces by up to 20% when the applicant demonstrates compliance with the factors set forth in division (b) below.
(2) The Board of Zoning Appeals may approve a reduction in required parking spaces from 20% to 50% provided that there is no more than a 50% total reduction in parking using (a)(1) and (a)(2) of this section and the reduction allowed in 1134.08. The Board of Zoning Appeals may grant the reduction only if the applicant demonstrates compliance with the factors set forth in division (b) below and can further a written opinion from a qualified traffic or parking consultant that:
A. The use of transit, demand management programs, and/or special characteristics of the customer, client, employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to the minimum City parking requirements, and
B. The reduction in parking will not impact adjacent uses.
(b) Reduction Factors. One or more of the following methods may be utilized to reduce off-street parking requirements:
(1) On-street parking spaces. One space for each on-street parking space that is located along the street frontage immediately adjacent to the site of the use. To qualify for this credit, an on-street parking space shall be in compliance with all city parking regulations and shall measure at least 20 feet long if a parallel space.
(2) Off-street public parking. One space for each space in a public parking lot located within 500 feet of the use served as measured by the shortest pedestrian pathway between the nearest corner of the lot and the main entrance of the use served.
(3) Transit. A 10% reduction shall be permitted for apartment buildings and non-residential uses located within 500 feet of a transit stop as measured by using the shortest pedestrian pathway between the main entrance of the use served and the transit stop.
(4) Bicycle spaces. A reduction of one space for every four on-site covered bicycle spaces or one space for every eight on-site uncovered bicycle spaces shall be permitted where employee lockers are also provided on site.
A. An additional reduction of one space is permitted for every two employee showers located on site. These reductions shall only be permitted if the applicant can show that there is adequate bicycle access to the site such as bike lanes or sharrows.
B. Bicycle parking shall conform to all design standards contained in Section 1134.11.
(Ord. 14-18. Passed 11-26-18.)
1134.08 DEFERRED CONSTRUCTION.
Deferred construction of required spaces allows for designating a portion of land on a site that would accommodate a portion of the required parking spaces to be held and preserved as landscaped open space, rather than constructed as parking. The Planning and Zoning Manager may permit deferred construction of up to 30% of the required parking spaces, subject to the following:
(a) Evidence is provided by the applicant that supports the reduced parking needs.
(b) Any area of the site identified as deferred construction of parking spaces must be an area suitable for parking at a future time.
(c) Landscaping of the deferred construction area must be in full compliance with this Code and, at a minimum, landscaped with turf or live groundcover.
(d) The deferred construction area cannot be used for any other use and must be part of the same parcel and all under the same ownership.
(e) As part of the plan review process, the applicant must show the area of deferred construction on the site plan and marked as "Deferred Construction of Required Parking."
(f) The Planning and Zoning Manager, on the basis of observed increased parking demand for the use, may require the conversion of all or part of the deferred construction area to off-street parking spaces.
(g) Subject to further conditions as the Planning Commission may deem appropriate to protect public safety or preserve property values of adjacent lots.
(h) Deferred construction cannot exceed a reduction of a total of 50% after the reduction factors allowed in Section 1134.07.
(Ord. 14-18. Passed 11-26-18.)
1134.09 PARKING DESIGN STANDARDS.
Schedule 1134.09(a) | ||||
45 Degrees | 60 Degrees | 90 Degrees | Parallel | |
(1) Width of parking space | 12 ft. | 10 ft. | 10 ft. | 9 ft. |
(2) Length of parking space | 18 ft. | 18 ft. | 18 ft. | 22 ft. |
(3) One-way circulation | ||||
a. Min aisle width | 14 ft. | 16 ft. | 22 ft. | 12 ft. |
b. Overall width of double loaded aisle | 37 ft. | 47 ft. | 58 ft. | 30 ft. |
(4) Two-way circulation | ||||
a. Min aisle width | 22 ft. | 22 ft. | 24 ft. | 24 ft. |
b. Overall width of double loaded aisle | 45 ft. | 53 ft. | 60 ft. | 42 ft. |
(b) All required parking spaces shall have direct access to a private driveway, access drive or circulation aisle without the need to move any other vehicle.
(c) Each parking space shall be exclusive of all drives, aisles, ramps and other circulation areas.
(d) The location of each parking space and the location and direction of movement along the driveways providing access thereto shall be indicated by painting upon the surface, by raised directional signs, or by markers or other similar measures placed on the surface.
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(Ord. 14-18. Passed 11-26-18.)
1134.10 REGULATIONS FOR ACCESS DRIVES.
Entrance and exit access drives to accessory parking spaces shall be provided in accordance with the following:
(a) Institutional, multi-family, commercial and industrial access drives shall be no less than 12 feet per directional lane.
(b) Access drives shall be of overall width and placement to minimize interference with normal traffic movements on a street and shall be sized and located pursuant to the site plan requirements of Ordinance 28-18 (Chapter 1135). Such driveways shall be kept open and unobstructed.
(Ord. 14-18. Passed 11-26-18.)
1134.11 BICYCLE PARKING DESIGN STANDARDS.
When bicycle parking spaces are provided in exchange for one or more required vehicular parking space, the following design standards shall apply:
(a) Location of Bicycle Parking Spaces.
(1) The bicycle parking area shall be convenient to building entrances and street access but shall not interfere with normal pedestrian and vehicle traffic. For passive security purposes, the bike parking shall be well-lit and clearly visible to building occupants or clearly visible from the street.
(2) Uncovered bicycle parking spaces shall be no more than 50 feet from the principal building entrance and at the same grade as the sidewalk or an accessible route.
(3) Covered bicycle parking spaces shall be located in a secure location in an area that is easily accessible from the public right-of-way and building entrances. A secure location shall be one of the following: a locked room, a fenced area with a locked gate, or a location within view or within 100 feet of an attendant or security guard.
(4) Bicycle parking for residential uses may be provided in garages, storage rooms and other resident-accessible, secure areas. Space within dwelling units or on balconies are not counted toward satisfying bicycle parking requirements.
(b) Design of Bicycle Parking Spaces.
(1) Required bicycle spaces must have a minimum dimension of two feet in width by six feet in length, with a minimum overhead vertical clearance of seven feet. Each bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least five feet wide between each row of bicycle parking to allow room for bicycle maneuvering.
(2) The area devoted to bicycle parking must be surfaced as required for vehicle parking areas.
(3) Bicycle racks must support the bicycle in a stable position. Structures that require a user-supplied locking device must be designed to easily allow a high-security U-shaped lock to secure the bike frame and one wheel while both wheels are still on the frame's brackets. All racks must be securely anchored to the ground or a structure to prevent the rack from being removed from the location.
(Ord. 14-18. Passed 11-26-18.)
1134.12 CONDITIONS OF PARKING AREAS.
(a) Surface. Except as provided in subsection 1134.12(a)(1), all parking areas, access drives and maneuvering areas shall have a smoothly graded, stabilized and dustless surface and shall be provided with adequate drainage. There shall be adequate bumper guards or curbing where needed to prevent damage to buildings and landscaped or lawn areas.
(1) In the area bordered by Liberty Street, Harbor Street, State Street and Mill Street, all parking areas, access drives and maneuvering areas shall consist of either concrete or asphalt surfaces. Owners of such parcels shall have a period not to exceed two years from the date of completion of new construction or expansion to comply with this section.
(b) Lighting.
(1) For one, two and three-family dwellings, when provided, lighting shall be arranged, shielded and directed to limit exposure to adjacent residences.
(2) For institutional, multi-family, business and industrial uses, parking shall be provided with adequate lighting while parking is in use. Any outdoor lighting fixture used to illuminate an off-street parking area shall be full cut-off type fixtures, except for decorative light fixtures (See Figure 1) and shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic.
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Figure 1
(c) Location and Buffer Requirements.
(1) Required parking spaces for one to three-family or multi-family residential buildings shall not be provided in a front yard. If parking is provided in a side yard, it shall be located a minimum of three feet from the side lot line. For one to three-family houses temporary incidental parking may be located in a front yard access drive; however, permanent parking spaces shall not be installed in front of a required setback building line as established in Chapter 1133 or on the official zoning map.
(2) Parking spaces for conditional uses in a residential district shall conform to plans approved in the conditional use approval process described in Chapter 1134.
(3) The location of all parking spaces/parking lots shall comply with setback requirements, landscaped buffer requirements, and other provisions of the district in which the parking lot is located.
(d) Landscaping on the Interior of Parking Lots. Landscaped islands shall be provided in the interior of parking lots in accordance with the following requirements:
(1) Landscaped islands shall be a minimum of 100 square feet in area with a minimum width of five feet and shall be curbed.
(Ord. 14-18. Passed 11-26-18.)
1134.13 OFF-STREET LOADING SPACE.
(a) Off-street loading and unloading space shall be provided for all uses that require the receipt or distribution of materials or merchandise by motor vehicle.
(b) The amount of off-street loading space provided shall be adequate to accommodate the intended needs of the proposed use.
(c) All loading spaces shall be located on the same lot as the use served and no part of any required yard, off-street parking area, or access drive thereto, shall be used for loading or unloading purposes, except that when off-street parking space is used to fulfill this loading and unloading requirement, the latter shall be scheduled so as not to interfere with meeting the parking needs.
(d) Access to truck loading and unloading space shall be provided directly from a public street or alley or from a right-of-way that will not interfere with public convenience and that will permit the orderly and safe movement of trucks.
(e) Such vehicular access shall be maintained in good condition and surfaced in such manner as required in Section 1134.12 for parking spaces.
(f) Streets, sidewalks, alleys or other public rights-of-way or other public property shall not be used for loading purposes nor shall vehicles be parked on such areas during loading and unloading.
(g) Off-street loading spaces shall not be used for repair or servicing of motor vehicles.
(h) Sufficient screening and/or landscaping measures shall be provided to mitigate any visual and/or audible impacts on adjacent residential uses as follows:
(1) Screening shall consist of an acceptable designed wall, fence or planting screen.
(2) Such fence, wall or planting screen shall not be less than four (4) feet nor more than six (6) feet in height and shall be maintained in good condition.
(3) In the event that terrain or other natural features are such that erection of such fence, wall or planting screen will not serve its intended purpose, then no such fence, wall or planting screen shall be required.
(Ord. 14-18. Passed 11-26-18.)
1134.15 PARKING SPACES FOR PERSONS WITH DISABILITIES.
In accordance with the Americans with Disabilities Act (ADA) of 1990, all new construction and alterations to places of public accommodation and commercial facilities shall provide parking spaces that are designed and constructed to be readily accessible to persons with disabilities. (Ord. 14-18. Passed 11-26-18.)
1135.01 PURPOSE AND INTENT.
(a) Site development plans are intended to insure ample provisions for the efficient use of land and to promote high standards in the layout, design, landscaping and construction of development. They are further intended to supplement the provisions of the subdivision regulations and to further the purposes and provisions of the comprehensive plan and this code.
(b) The purposes of this chapter are to state the specific additional requirements applicable to the development of land in certain zoning districts, and to prescribe the standards for the preparation and submission of site development plan drawings and for the design and construction of required improvements.
(c) Prior to submission of a preliminary site development plan, the applicant may submit to the Planning and Zoning Department for review, three sets of plans and data relative to the proposed development. This step does not require a formal application fee of filing with the Planning Commission. (Ord. 71-18. Passed 11-26-18.)
1135.02 SITE DEVELOPMENT PLANS REQUIRED.
A site development plan is required and shall be submitted for the following:
(a) Any use or development, involving new construction, reconstruction or expansion of structures, in all zoning districts except single family detached dwelling units or duplexes in residential zones.
(b) Any development in which automobile parking spaces are to be used by more than one establishment.
(c) When a change is proposed in the exterior elements of a previously approved site development plan.
(d) When an existing residential use is proposed for change to a commercial, industrial, or multi-family residential use.
(e) All public buildings.
(Ord. 71-18. Passed 11-26-18.)
1135.03 PREPARATION.
(a) Site development plans shall be prepared by persons professionally qualified to do such work. Final site plans shall be certified by an architect, engineer, or land surveyor duly registered by the State of Ohio.
(b) Every site plan shall show the name of the development, the name and address of the owner and developer, north point, date, scale, and number of sheets.
(c) Site development plans shall be prepared at a scale of one-inch equals fifty feet or larger. No sheet shall exceed 42 inches in size. Seven copies shall be submitted to the Zoning Manager for plans which are to be reviewed by the Planning Commission.
(d) A site development plan may be prepared on one or more sheets to show clearly the information required by this section and to facilitate the review and approval of the plan. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.
(e) Profiles must be submitted on standard plan profile sheets. Special studies as required may be submitted on standard cross section paper and shall have a scale of one (1) inch equals fifty (50) feet horizontally and one (1) inch equals five (5) feet vertically. No sheet size shall exceed 42 inches. Flood plain limit studies required by this Zoning Code shall be shown on all profile sheets with reference to properties affected and center line of stream.
(f) All horizontal distances shown on the site plan shall be in feet and decimals of a foot to the closest one-tenth of a foot; and all bearings in degrees to the nearest ten seconds.
(Ord. 71-18. Passed 11-26-18.)
1135.04 APPROVAL PROCESS.
(a) All site plans must be approved by the Planning Commission. Site plans shall be submitted to the Zoning Manager who shall review same for compliance with this chapter. Submittal shall be at least twenty-one (21) days prior to the meeting at which the plans will be reviewed by the Planning Commission accompanied by a fee as set forth in Section 110.13.
(b) Final site plans to be submitted to the Planning Commission shall be based on a previously approved preliminary plan except where such requirement is waived by the Commission for good cause.
(c) The Commission shall act on site plans presented to it within a reasonable time and the developer shall be advised as to the decision of the Planning Commission by letter and/or legible markings and notices on the plan. Said decision shall be final. Final approval shall be shown by the signature of the Zoning Manager on the final plans. However, such final site plans that include access drives shared by multiple dwelling units or private streets shall be forwarded to City Council for review and final approval.
(d) Prior to final approval of the site plan, the developer shall post any required bonds and shall present any dedication or easement plats for approval prior to recordation.
(e) Approval of a final site plan by the Planning Commission shall expire 12 months from the date of such approval unless building permits have been obtained for construction in accordance therewith. The Planning Commission, upon written request, may grant such extension as it deems reasonable.
(f) The Planning Commission may attach conditions to the approval of the site development plan as may be reasonably required by the public health, safety and welfare.
(Ord. 71-18. Passed 11-26-18.)
1135.05 PRELIMINARY SITE PLANS.
Every preliminary site plan submitted in accordance with this chapter shall contain the following information:
(a) Location and acreage of various types of land use.
(b) A topographic map with a contour interval of two feet.
(c) Location, names, and dimensions of proposed and existing streets, buildings, easements and drainageways.
(d) Preliminary plans for the provision of utilities including, but not limited to, the methods for handling drainage, erosion and sediment control and storm water management.
(e) Proposed parking layout including ingress and egress.
(f) A trip generation study.
(g) Such other relevant data as the Municipal Planning Commission or Zoning Manager may require.
(Ord. 71-18. Passed 11-26-18.)
1135.06 FINAL SITE PLANS.
At the time of preliminary site plan review, the Planning Commission shall specify which of the following data shall be contained in the final site plan.
(a) The owners, zoning and present use of adjoining tracts.
(b) Location of all minimum building setback lines.
(c) Location, type and size of vehicular ingress and egress to the site.
(d) A boundary survey.
(e) Location, type, size and height of all fencing, screening, and retaining walls where required under the provisions of this chapter.
(f) Existing topography with a maximum of two-foot contour intervals and the proposed finished grading by contour.
(g) Detailed erosion and sediment control.
(h) All off-street parking and parking bays, loading spaces and walkways indicating type of surfacing and showing the number of parking spaces provided and the number required.
(i) Number of floors, floor area, height and location of each building, and proposed general use for each building. In a multi-family residential building, number, size, and type of dwelling units shall be shown.
(j) Building elevations, depicting actual composition and architectural style for all proposed structures.
(k) Provisions for the adequate disposition of natural and storm water on and off-site, in accordance with the current design criteria and construction standards of the City of Conneaut including, but not limited to, the calculation of the contributing drainage area in acres and the location, size, type and grade of ditches, catch basins, inlets, pipes, and other drainage structures as required by the Conneaut City Code
(l) All existing and proposed sanitary sewer facilities indicating all pipe sizes, types, grades, invert elevations, location of manholes, and such other data as may be deemed necessary by the City Engineer.
(m) All existing and proposed water facilities including all water mains, their sizes, valves and fire hydrant locations.
(n) The location of any proposed refuse removal pads.
(o) Location and size of all recreation and open space areas.
(p) Flood plain limits which shall be established by Flood Hazard Maps on file in the Department of Community Development and/or engineering methods.
(q) The location, width, size and intended purpose of all easements and rights-of-way and whether they are to be publicly or privately maintained. A plan copy, suitable for recording, shall be submitted showing any rights-of-way and/or easements for public dedication.
(r) The following data relative to all existing and proposed streets: location, width, names, curve data, grades, and sight distances. Typical sections shall be provided for all proposed streets or travelways.
(s) Such other relevant data as the Planning Commission or Zoning Manager may require.
(t) A traffic impact study shall be performed by an engineer qualified and preapproved by the City Engineer, unless waived for good cause shown.
(Ord. 71-18. Passed 11-26-18.)
1135.07 REQUIRED IMPROVEMENTS.
(a) All improvements required by this Zoning Code shall be installed at the cost of the developer and in accordance with design and construction standards of the City of Conneaut.
(b) Prior to approval of any site plan, there shall be executed by the owner or developer and submitted with the site plan an agreement to construct such required physical improvements as are located within public rights-of-way or easements or as are connected to any public facility in form and substance as approved by the City, together with a bond with surety, cashiers check or escrow account in the amount of the estimated cost of the required improvements as determined by the City Engineer. The aforesaid agreement and bond or condition shall be provided for completion of all work covered thereby within the time to be determined by the Zoning Manager, which time may be extended upon written application by the owner or developer, signed by all parties (including sureties) to the original agreement.
(c) The City Engineer may also require a restoration bond. Said bond shall be to insure repair of any damage done to existing curb, gutter, sidewalk, street pavement, landscaping, or other items within the right-of-way adjacent to a project. The amount of said bond shall be as determined by the City Engineer based on his estimate of potential damage.
(d) Any person, firm, corporation, owner or lessee of any lot or land, constructing or causing to construct access to any public roadway in the City, except from residential subdivisions totaling five (5) acres or less, shall first present to the City the results of a trip generation study and traffic impact study performed by an engineer qualified and pre-approved by the City Engineer. The trip generation and the traffic impact study shall describe the maximum anticipated traffic volumes by location and direction to be generated and which will impact the road system during a peak design hour in the year of construction plus twenty (20) years. The report shall also provide the means to compensate, for any degradation of the traffic services existing on the City roadway system to the City Engineer's satisfaction prior to the granting of a permit for construction. Improvements to the City roadway system shall be constructed as part of the development and its permit, the developer shall provide inspection fees, a testing deposit and a surety representing 100% of the cost of improvements.
(f) Private vehicular travel lanes or driveways designed to permit vehicular travel on the site and to and from adjacent property and parking areas shall be constructed not less than twenty (20) feet in width.
(g) No structure shall be located less than five feet from any easement.
(h) Adequate drainage for the disposition of storm and natural waters both on and off- site shall be provided pursuant to the Codified Ordinances of the City of Conneaut.
(i) Water service shall be based on the requirements of the City Code or engineer. Sanitary sewer facilities shall be constructed in accordance with the standards and specifications of the City of Conneaut Sanitary Engineer, and the City Engineer.
(j) In the preparation of site development plans, consideration will be given to provide suitable areas for parks, schools, open space, and other areas of public recreational use, especially when such facilities are proposed in the area under consideration in the Comprehensive Plan for the City.
(k) Fire hydrants shall be provided as approved by the City Engineer and Fire Chief.
(l) Provision shall be made for sidewalks and pedestrian walkways which will enable patrons, residents and/or tenants to walk safely and conveniently from one building to another within the site and to buildings and/or uses on adjacent sites as well. Sidewalks shall be constructed in accordance with the standards contained in the Subdivision Regulations.
(Ord. 71-18. Passed 11-26-18.)
1135.08 ADMINISTRATION AND ENFORCEMENT.
(a) No permit shall be issued by any administrative officer for the construction of any building or improvement requiring a permit in any area covered by a site development plan except in conformity with the provisions of this Zoning Ordinance and the duly approved site development plan. No construction or site improvement shall be initiated until the site plan has been approved.
(b) Any site development plan or landscape plan may be revised and such revisions shall be accomplished in the same manner as the original approval, provided, however, that minor technical changes which do not substantially alter the original site plan may be authorized by the Zoning Manager.
(c) Any requirement of this chapter may be waived by the Planning Commission where such requirement is deemed to be restrictive or unreasonable, provided such waiver is not adverse to the purpose and intent of this chapter.
(d) Upon satisfactory completion of the required improvements the City Engineer or Zoning Manager, as applicable, shall release any remaining bonds.
(Ord. 71-18. Passed 11-26-18.)
1136.00 PURPOSE AND INTENT.
Sign regulations are intended to preserve the City of Conneaut's character and quality. The intent of this chapter is:
(a) To promote and maintain high quality districts for all land uses, and attractive public and private facilities of all types, by permitting only signs appropriate to their surroundings and preventing the blighting influence of excessive signage;
(b) To eliminate conflict between traffic control signs and other signs which may be hazardous to public safety;
(c) To control the design and size of all signs so that their appearance will be aesthetically harmonious with an overall design for the area, in accordance with commonly accepted community planning and design practices;
(d) To promote clarity in sign communications while providing reasonable and appropriate opportunities to advertise goods and services and to identify properties.
(e) This chapter is not intended to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article I, § 11 of the Ohio Constitution. All sections in this chapter are to be construed, whenever possible, in favor of vigorous political debate and accommodation of the rights of residents and visitors to speak freely. All provisions of this chapter shall be interpreted in a content-neutral manner excepting solely for those narrow, legally-recognized exceptions explicitly identified in this chapter. All sections in this chapter shall be applied in accord with 15 U.S.C. §1121(b), as amended, and such other applicable Federal and Ohio laws as may now or hereafter be enacted, when in conflict with same.
(Ord. 77-24. Passed 9-9-24.)
1136.01 COMPLIANCE REQUIRED.
Failure to obtain a Zoning Certificate or Certificate of Zoning Compliance shall be a violation of this Zoning Ordinance. Violation of the provisions of this Zoning Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this Zoning Ordinance) shall constitute a misdemeanor. Any person who violates this Zoning Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty (30) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice, shall be considered a separate offense and fines compounded and accrued as such. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 77-24. Passed 9-9-24.)
1136.02 DEFINITIONS.
As used in this chapter, the following words and phrases shall have these meanings:
(a) "Alter" means to change in any way, including but not limited to reconstruction, redesign, re-illumination that changes the lighting design, face replacement that changes the sign face design, sign face change, and painting in a different color than the present color, excluding changes in changeable copy on signs.
(b) "Back-lighted letter" means an illuminated reverse channel letter (open or translucent back) such that light from the letter is directed against the surface behind the letter producing a halo lighting effect around the letter.
(c) "Banner" means a sign of lightweight plastic, vinyl, fabric or similar material that is mounted to a structure by a frame, rope, or similar means at one or more edges.
(d) "Billboard" means a type of advertising sign, which is either erected on the ground or attached to or supported by a building or structure, which sign's graphic information is not directly related to the principal use of the land on which the sign is located
(e) "Building frontage" means the linear dimension of the width of the widest portion of a building face including all appurtenant overhangs or other structures closest to parallel to the nearest principal street.
(f) "Building marker" means a sign typically indicating, but not hereby limited to, the name of a building and date and incidental information about its construction, which sign is cut into the masonry surface or made of bronze or other permanent material.
(g) “Building unit" means each separately occupied space within a building. "Separately occupied" means a distinct owner, occupant, or tenant in possession of and occupying the unit to the exclusion of others. A separately occupied unit consists of interior subdivided space which (1) has its own exterior entrance and (2) is separated from other such spaces by a party wall or other such dividing walls. Where a building unit is bounded by a party wall or other such dividing walls, the measurement of width shall be to the centerline(s) of such wall or walls.
(h) "Canopy" means any structure, other than an awning, made of cloth with a metal frame attached to a building and carried by a frame supported by the ground or sidewalk.
(i) "Changeable copy" means the area of a sign on which copy can be changed through the use of attachable letters and/or numbers, by the flipping of fixed letters and/or numbers, by the scrolling of tape or other medium, or by the electronic switching of lamps or illuminated tubes, LED, or any other such like technology. See, also, "electronic message center."
(j) "Clear" means transparent.
(k) "Copy" means the words, message, symbols, or artwork displayed on a sign.
(l) "Department" means the City's Housing and Zoning Department.
(m) "Electronic message center" means a sign that utilizes computer-generated messages or some other electronic means of changing copy. Electronic message centers are included within the definition of "changeable copy."
(n) "Erect" means to build, construct, alter, relocate, modify, attach, hang, place, suspend, or affix, and shall also include the painting of signs.
(o) "Facing" and "surface" mean the surface of a sign upon, against or through which a message is displayed or illustrated on the sign.
(p) "Flag" means any fabric or similar light-weight material containing distinctive colors, patterns, or symbols, used for the display of non-commercial copy such as, but not limited to, a symbol of a government or political subdivision.
(q) "Frontage" or "lot frontage" means the lot dimension (or development unit, as applicable) along the adjacent principal street. Limited access highways shall not be considered frontage for purposes of this chapter.
(r) "Lighting tube" means a tube, strip or band made of any material, whether clear or colored, which by any means produces a light source including, but not necessarily limited to, neon, LED, rope lighting, and other such manner of lighting.
(s) “Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.
(t) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(u) "Permanent" means a sign attached to a building, structure, or the ground in a manner that enables the sign to resist environmental loads, such as wind, and precludes ready removal or movement of the sign, and, which is constructed of durable materials (wood, plastic, metal) which are able to withstand environmental exposure for long durations of time without degradation.
(v) "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series.
(w) "Related structure" means all components supporting, and comprising, the parts of a sign.
(x) "Sight triangle" means the triangular area formed by an invisible diagonal line at the corner of either two (2) intersecting street right-of-way lines, the edge of street lines, the edge of a driveway or combination of two (2) thereof within which no obstruction may be placed which would block the sight lines for vehicular traffic.
(y) "Sign" means any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure in order to direct or attract attention to, or announce or promote, an object, product, place, activity, person, ideology, institution, organization, business or the like, by means of letters, words, models, banners, flags, pennants, insignia, devices, designs, colors, symbols, fixtures, images, illuminations or representations used as, or which is in the nature of, an announcement, direction, advertisement or other message. Any sign which is erected pursuant to the provisions of this chapter may also express non-commercial messages whether or not such allowances are explicitly stated in this chapter.
(z) "Sign, A-frame" means a temporary sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an A. An A-frame sign is included within the definition of "portable sign."
(aa) "Sign, abandoned" means a sign which no longer advertises, announces the purpose of, or identifies the purpose of any person or entity, or communicates information to the public regarding a bona fide business, lessor, lessee, owner, product or activity conducted or available on the premises where the sign is located. A use shall be determined abandoned if it has voluntarily ceased for a period of at least sixty (60) days, unless the use is typically seasonal.
(bb) "Sign, animated" means a sign depicting action, motion, light or color changes through electrical, mechanical, or any other means.
(cc) "Sign, canopy" means a sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or other outdoor service area. A marquee is not a canopy.
(dd) "Sign, commercial" means any sign that, directly or indirectly, names, advertises, or calls attention to a business, product, profession, service or other commercial activity.
(ee) "Sign, double-faced" means a sign with two (2) parallel opposing (back-to-back) faces.
(ff) "Sign, feather flag" is a free-standing temporary sign typically constructed of a single plastic or metal shaft driven in the ground with an attached pennant that is vertically elongated and attached to the shaft.
(gg) "Sign, ground" means a sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. Ground signs are classified within this chapter according to the manner of their construction, to wit: permanent or temporary.
(hh) "Sign, lawn" means a temporary sign placed in a yard via stake(s), not more than six (6) square feet in dimensions.
(ii) "Sign, mansard" means a sign attached to a mansard structure. A mansard sign is included within the definition of "roof sign."
(jj) "Sign, marquee" means a sign attached to, in any manner, or made a part of a marquee.
(kk) "Sign, non-commercial" means a sign which does not fall within the definition of a "commercial sign."
(ll) "Sign, off-premise" means a sign that is not appurtenant to the lawful use of the property on which it is displayed; advertises a product, merchandise, service, business, entertainment, or any other activity not sold, offered or occurring on the property on which it is displayed; or which advertises the sale or lease of property other than the property on which it is displayed.
(mm) "Sign, on-premise" means a sign that is appurtenant to the lawful use of the property on which it is displayed; advertises a product, merchandise, service, business or any other activity actually sold, offered or occurring on the property on which it is displayed, or which advertises the sale or lease of property on which it is displayed.
(nn) "Sign, parapet" means a sign mounted on the vertical surface of, or on top of, the parapet of a building. A parapet sign is included within the definition of "roof sign."
(oo) "Sign, portable" means a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; trippers; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on a vehicle parked and visible from the public right-of-way.
(pp) "Sign, blade" means a sign affixed to a building or wall in such a manner that (i) its copy is perpendicular to the building or wall to which it is affixed and/or (ii) its leading edge extends more than eighteen (18) inches beyond the surface of such building or wall.
(qq) "Sign, roof' means a sign erected and constructed on or over the roof of a building and/or which extends vertically any distance above the lowest portion of the roof. Signs placed on cupolas fall within this definition. See, also, "mansard sign" and "parapet sign."
(rr) "Sign, projecting" means a sign that extends beyond the building wall, where the horizontal sign face is not parallel to the building wall.
(ss) "Sign, wall" means a sign attached parallel to a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
(tt) "Sign, window and door" means any sign, whether permanent or temporary, which is placed upon or over a window or door, upon a window pane, or in proximity to a window or door, and which is visible from the exterior of the window or door.
(uu) "Sign area" means the permitted area upon, against or through which signage may be placed.
(vv) "Sign band" means a horizontal area above a multi-tenant building's entrances, architecturally designed to accommodate signage in a sign-centric manner.
(ww) "Temporary" is a non-permanent sign that can be displayed on private property for not more than forty-five (45) consecutive days.
(xx) "Window" means any opening in the wall of a building that is fitted with glass or other transparent material.
(yy) "User" means the owner of a development unit and any tenants or others in lawful possession and occupancy of that development unit.
(Ord. 77-24. Passed 9-9-24.)
1136.03 COMPUTATION AND RULES OF MEASUREMENT.
The following regulations shall control the computation and measurement of sign area and height:
(a) Height.
(1) The height of a sign shall be computed as the distance from normal grade at a point directly beneath the sign to the top of the highest component of the sign. Normal grade shall be construed to be the lower of (i) existing grade prior to construction or (ii) the newly established grade after construction, exclusive of any filling, berms, mounding, or excavating.
(2) In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
(b) Square Footage.
(1) For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of two regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building.
(2) When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of two forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, as determined by the Zoning Inspector or Planning Commission, shall not be included in the total area of a sign.
(Ord. 77-24. Passed 9-9-24.)
1136.04 SIGNS IN RESIDENTIAL DISTRICTS: R-1, R-2, R-3, R-4 AND R-5.
(a) All permanent signs in the R-1, R-2, R-3, R-4 AND R-5 Districts shall conform to the maximum area, height and quantity regulations set forth in the table below:
PERMITTED PERMANENT SIGNS IN RESIDENTIAL DISTRICTS | ||||
Regulations for Freestanding Signs | ||||
Type | Maximum Number Permitted | Maximum Area Per Sign | Maximum Height | Minimum Setback |
(1) Signs for Single-Family Buildings | ||||
Address sign | 1 per DU | 2 sq. ft. | - | - |
(2) Signs for Multi-Family Buildings | ||||
Address | 1 per DU | 2 sq. ft. | - | - |
Building identification sign (wall or freestanding) | 1 per building | 12 sq. ft. | 5 ft. | 10 ft. |
(3) Freestanding Sign for Residential Subdivision | 2 per entrance | 30 sq. ft. | 6 ft. | 3 ft. |
(4) Signs for Institutional Buildings | ||||
Address sign | 1 per address | 2 sq. ft. | - | - |
Wall sign | 1 per building | 6 sq. ft. | - | - |
Freestanding Sign | 1 per parcel | 40 sq. ft. | 6 ft. | 5 ft. |
Instructional Sign | Shall be exempt from regulations when in compliance with Section 1136.09(a) | |||
Notes to Section: DU = Dwelling Unit | ||||
(b) Wall Signs. A wall sign may only be located on the portion of the front wall which corresponds to the interior dimensions of the building unit. Wall signs shall only be erected on the building unit's own exterior wall.
(c) Temporary Signs in Residential Districts. Two types of temporary signs are allowed in residential districts: window signs and lawn signs. These are to be distinguished from permanent signs which are regulated elsewhere in the zoning code. Residential temporary signs do not require a permit and their content is not regulated.
(d) Lawn Signs. Examples of temporary lawn signs are contractors' signs and for sale or rent signs.
(1) Each sign can be no greater than six (6) square feet in area. The combined total square footage may not exceed twelve (12) square feet for all temporary lawn signs.
(2) No greater than four (4) feet in height above the ground.
(3) Located a minimum of ten (10) feet from the inside edge of the sidewalk.
(4) May not be placed in the required side yard setback or right-of-way.
(5) Height and location may be modified due to conditions of topography, existing foliage or similar conditions; the Zoning Manager may grant exceptions to the above rules based on visibility; exceptions may include increasing height and area by no more than fifty percent (50%) and placing the sign within the ten (10) foot front setback or side yard setback requirement.
(6) May be displayed for no more than forty-five (45) days.
(e) Window Signs.
(1) May be placed inside a window.
(2) No greater than six (6) square feet in area per sign.
(3) Combined total square footage may not exceed twelve (12) square feet for all temporary window signs.
(4) May be displayed for no more than forty-five (45) days.
(Ord. 77-24. Passed 9-9-24.)
1136.05 DESIGN CRITERIA IN COMMERCIAL AND INDUSTRIAL DISTRICTS (B-1, B-2, B-3, B-4 AND M-1).
(a) Construction.
(1) The construction, erection, safety and maintenance shall comply with all applicable building codes.
(2) All signs shall be constructed in a professional manner in conformance with the appropriate building code and other applicable requirements of the City and shall be structurally sound to withstand wind pressures of at least thirty (30) pounds per square foot of surface area.
(3) Signs shall be constructed of durable materials which are of appropriate quality and which are compatible with the materials of the building upon which such signs are placed. Wood or metal shall have a durable finish able to withstand routine environmental wear.
(4) No sign shall have more than two (2) faces, which must be parallel to one another and within twenty-four (24) inches, unless a specific provision of this chapter requires a lesser dimension.
(5) Electric signs and all permanent signs involving structural requirements of the building code shall be installed, repaired, altered and serviced only by a contractor licensed to perform such tasks.
(b) Placement.
(1) No sign shall be erected, relocated or maintained so as to prevent free ingress or egress, or block any light or ventilation openings. No sign shall be located or attached so as to obstruct emergency facilities or equipment.
(2) No sign shall be erected within the area of any sight triangle unless it is no greater than three (3) feet in height and does not otherwise obstruct free and clear vision within the sight triangle.
(3) No sign shall interfere, or otherwise cause visual conflict, in whole or in part, with any authorized traffic control sign, signal or device by virtue of the placement, color, or illumination of the sign.
(4) Every sign shall be located on the same lot as the business or use to which such sign pertains; entrance and exit signs may be located off site, provided that such signs are located on drives providing direct access to the lot and parking area of the business to which they pertain.
(5) No sign shall be erected or placed within the public right-of-way or affixed to any traffic control sign, utility pole, or other appurtenance hereunto within the public right-of-way.
(c) Illumination and Brightness.
(1) Artificial illumination for signs shall be concentrated on the area of the copy.
(2) Where permitted, signs that are internally illuminated and electronic message centers shall not exceed 100 candelas per square meter (cd/m2) from dusk until dawn.
(3) Signs that are internally illuminated and electronic message centers shall have a manufacturer's certification that their luminance will not exceed the limits set forth in subsection (c)(2) above. Certification is required to be made in conjunction with permit application pursuant to Section 1136.11 and is subject to field inspection once installed. Luminance limits are for the sign's maximum output (e.g., white screen in the case of electronic message centers) and shall be measured from a distance of thirty (30) feet from the sign face at not more than a ninety (90) degree angle from the sign face.
(4) No sign shall have any lights or illumination that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulses.
(5) No sign shall be illuminated so as to cause objectionable brightness or glare into or onto any adjacent property or any right-of-way.
(6) Use of search lights, floodlights, and other such manner of directed light into the atmosphere is prohibited.
(d) Lighting Tubes.
(1) The use of lighting tubes is permitted on a sign solely as a design or accent element for the copy area. It may not be used as a border.
(2) No sign in excess of four (4) square feet may be constructed solely of lighting tubes. (Ord. 77-24. Passed 9-9-24.)
1136.06 SIGN REGULATIONS FOR BUSINESS AND INDUSTRIAL ZONED PROPERTY (B-1, B-2, B-3, B-4 AND M-1).
(a) Signs within the B-1, B-2, B-3, B-4 and M-1 districts where any lot is devoted to a nonresidential use, in addition to any other applicable requirements of this chapter and Code,
shall conform to the standards set forth in this section.
SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS | ||
Type | Maximum Number | Maximum Area |
Address sign | 1 | 2 sq. ft. |
Wall sign | 2 | 2.5 sq. ft. per 1 linear foot of building frontage |
Window/Door Sign | - | 25% glass area per window/door |
Instructional Signs | Shall be exempt from regulations when in compliance with 1136.09(a) | |
A-frame signs | 1 | 28"w 36" h |
Temporary signs | 2 | 4 sq. ft. per sign |
Ground Signs | 1 | See Section 1136.06(b) |
Ground Signs. The permitted area, height, width, and setbacks for ground signs shall be based on the following standards:
PERMANENT GROUND SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS | ||||
Type | Maximum Number | Maximum Area | Maximum Height | Minimum Setback |
Building setback 30 ft. | 1 per lot | 40 sq. ft. | 8 ft. | 15 ft. front, 5 ft. side |
Building setback 15 ft, but 30 ft. | 1 per lot | 30 sq. ft. | 6 ft. | 0 ft. front, 5 ft. side |
(1) Number. One additional ground sign may be permitted for development units with more than 300 feet of frontage if the development unit satisfies the following criteria:
A. If the development unit has an additional access drive from a public right-of-way to the development unit for the purpose of public ingress/egress of vehicular traffic, an additional ground sign may be erected adjacent to that access drive, taking into consideration preservation of the sight triangle and the following requirements:
B. If the development unit has both frontage on a public right-of-way and a vehicular access drive from that public right-of-way, the sign shall be located in close proximity to that principal access drive, taking into consideration preservation of the sight triangle.
C. If the development unit does not have frontage on a public right-of-way, the sign shall be located in close proximity to the principal vehicular access drive on the lot upon which the development unit is sited, taking into consideration preservation of the sight triangle.
(2) Permanent ground sign construction. When a ground sign is required to be of permanent construction pursuant to the provisions of this chapter, then, the ground sign shall comply with the following design requirements:
A. Ground signs shall only be erected within the area of the lot frontage.
B. The supporting structure, including but not limited to pillars, end and top caps, are all part of the allowable sign area.
C. Ground signs shall not have gaps, cut-outs, or penetrations but instead should be a solid face or area without openings. Ground signs that require internal support members or posts shall not have them exposed or visible whatsoever from external view at a height greater than two (2) feet above grade.
D. A ground sign, inclusive of related structures, shall not have a depth in excess of twenty-four (24) inches.
E. The sign shall be installed with a permanent footer in accordance with all applicable county building code requirements.
F. A metal skirt may be used to cover the base area provided that it is no higher than two (2) feet above grade.
G. If metal is used as a skirt or cover for support members or posts, it shall be at least twenty-four (24) gauge if sheet metal is used and at least .063 inches if aluminum is used. The metal shall be finished in a color that either matches that of the principal color used within the background of the copy area, or, in a dark or neutral earth tone color.
H. Plywood, particle board, T-111 and other such materials shall not be used as a skirt or cover for support members or posts.
(3) Location.
A. All signs shall be placed so as not to obstruct: sight lines for motorists or pedestrians; fire lanes, exits or standpipes for emergency-response vehicles; or any window such that light and/or ventilation is reduced below minimum standards required by any applicable law or building code.
B. Freestanding signs larger than six (6) square feet shall be set back a minimum of five (5) feet from the pavement of an entrance/exit drive.
(b) Wall Signs. The following additional regulations apply to all wall signs:
(1) The permitted area for wall signs is two and five-tenths (2.5) square feet per one linear foot of the building frontage which corresponds to the dimensions of the building unit.
(2) A wall sign may only be located on the portion of the front wall which corresponds to the interior dimensions of the building unit and shall be centered thereon (excepting only side wall signs erected in accordance with the provisions of this chapter). Minimum distance separation between such wall signs shall be three (3) feet.
(3) Wall signs shall be placed at a uniform height across the building frontage. If the building has a sign band, wall signs shall be erected within that area.
(4) Wall signs shall not be erected on the rear wall of a building.
(5) The permitted area for wall signs as calculated by Section 1136.06(a) may be divided between front and side walls of the building.
(6) No side wall sign, or cumulative total of all side wall signs, shall exceed forty (40) square feet on any one building elevation.
(7) A wall sign shall project no more than eighteen (18) inches from the surface or wall to which it is attached. No wall sign shall extend any closer than twelve (12) inches to either the top or side edges of the surface or wall to which it is attached. No wall sign shall cover or obscure any wall opening.
(8) No wall sign shall be erected at a height greater than thirty (30) feet above grade.
(c) Blade Signs. Blade signs are not pennitted as of right, but may be permitted as part of an architectural feature approved for construction by the Architectural Review Board in accord with the City's Design Standards for district blade signage, which are as follows:
(1) One projecting sign is permitted per building unit except that no projecting sign is permitted within fifteen (15) feet of another projecting sign.
(2) Approval for blade signs shall be depend upon satisfying the following design standards:
A. Rectangular, straight-edged and oval signs are the preferred shape for signs; however, signs with highly stylized, curvilinear edges are encouraged if they are designed in a historic motif.
B. Sign graphics shall be carved, applied, painted or stained.
C. Sign graphics shall be simple and bold.
D. The number of colors used on signs shall be minimized for maximum effect. Fluorescent colors are not permitted.
E. Reader boards and electronic messaging systems are not permitted.
F. Vinyl banners or other signage on a flexible substrate are not permitted.
G. Total aggregate area for all blade signage on a building shall not be greater than one (1) square foot for each lineal foot of building frontage not to exceed eight (8) square feet. In the case of more than one frontage, the frontage having an entrance/exit on the main street shall be used to detennine building frontage.
(d) Window and Door Signs.
(1) No more than twenty-five percent (25%) of the square footage of each window and clear door that is visible to the public from a public thoroughfare, sidewalk, or parking lot of any retail store shall bear signs.
(2) The area covered by a sign is calculated using the perimeter of the sign and includes any clear areas or spaces within the sign, such as the clear area within a neon sign. For irregularly shaped signs, the area is that of the smallest rectangle that wholly contains the sign.
(3) For purposes of this section, signs that are not physically attached to the windows or clear doors but that are visible from the exterior of the building in the same manner as if they were physically attached to the windows or clear doors shall constitute a sign.
(e) Billboards. Billboards shall be permitted only in business and industrial districts and along Federal Interstate Highways subject to the following provisions:
(1) Such signs shall not be located within fifty (50) feet of an existing street right-of-way or in front of an established building line, whichever is greatest.
(2) Such signs shall not be located within required yards.
(3) Such signs shall not be located so as to interfere with the visibility and safe operation of vehicles entering or leaving the premises or intersecting street and walkways.
(4) Such signs shall not be located within two hundred (200) feet of any other outdoor advertising display or billboard on the same side of the street.
(5) Such signs shall be located so as to be completely visible at a distance of one hundred fifty (150) feet by a motorist traveling in the direction for which the display is designed.
(6) Such sign shall not be located on or within fifty (50) feet of any building, within twenty (20) feet of any lot line or within fifty (50) feet of any residential area.
(7) The maximum display area for any one outdoor advertising display or billboard shall not exceed two hundred (200) square feet for one face and four hundred (400) square feet for two (2) or more faces, and in no case shall any motorist be exposed to more than two hundred (200) square feet of display area of such sign from any one viewpoint.
(8) The gross area of outdoor advertising display or billboard area shall not exceed one (1) square foot for each one (1) foot of frontage of the property of ownership on which the sign is located.
(f) Electronic Message Centers.
(1) A maximum of forty percent (40%) of the permitted ground sign area may be devoted to changeable copy/electronic message board.
(2) The changeable copy/electronic message board shall not be changed more than every eight (8) seconds.
(3) Animation which uses movement or change of lighting to depict action or to create a special effect or scene is prohibited.
(4) Electronic message boards can only be activated or displayed from 7:00 a.m. until 10:00 p.m.
(5) No electronic message boards shall be placed within 125 feet of a residential structure.
(g) Building Marker. One building marker is permitted per building. It shall only be located on the ground floor of the building and adjacent to its principal entrance. The maximum size of a building marker shall not exceed four (4) square feet in area.
(h) Temporary Signs: Banners. All banners require a temporary sign permit.
(1) A banner may be displayed for the first thirty (30) days after a change in the ownership or the commencement of a new occupancy.
(2) If a permanent ground sign exists, a banner may be placed on the sign, but not to exceed the permitted area for a ground sign. If no permanent ground sign exists, freestanding banner shall not be displayed, but, a ground sign of temporary construction may be erected of the size allowed for a permanent ground sign in accordance with this Chapter.
(3) If the user has no wall signage, then, a banner may be erected in place of a wall sign, but subject to all applicable wall sign regulations.
(4) A banner in all cases must be secured firmly so as to withstand wind and environmental loads.
(5) An approved banner shall be removed immediately once the permanent sign improvement is erected, but in no event shall it be displayed in excess of the thirty (30) day time limit.
(i) A-Frame Signs. A-frame signs may be permitted in a business district provided they shall only be located on private property that it be located in the frontage of business using the sign. If the sign is in a walkway, it shall be located in a manner that ensures a minimum lateral walkway clearance of four (4) feet for pedestrian travel. A sign permit is required for this type of sign.
(j) Wall Signs.
(1) A wall sign may only be located on the portion of the front wall which corresponds to the interior dimensions of the building unit. Minimum distance separation between such walls signs shall be three (3) feet. If the building has a sign band, wall signs shall be erected within that area. No wall sign shall cover, wholly or partially, any wall opening.
(2) Wall signs shall only be erected on the building unit's own exterior wall. No wall sign shall project beyond the end, top or bottom of the building wall to which it is attached, not be set out more than eight (8) inches from the face of the building to which it is attached.
(3) The permitted area for wall signs as calculated by subsection (a) above may be divided between front and side walls of the building unit.
(4) No side wall sign, or cumulative total of all side wall signs, shall exceed twenty (20) square feet on any one building elevation.
(5) Wall signs shall not be of cabinet design.
(Ord. 77-24. Passed 9-9-24.)
1136.07 PERMITS REQUIRED.
(a) Permits Required. A permit from the Housing and Zoning Department is required for the following signs:
(1) In residential districts, when the permanent sign exceeds two (2) square feet in area.
(2) In a Business or Industrial District, when the total area of all permanent signs on the premises exceeds twelve (12) square feet or for any temporary sign.
(Ord. 77-24. Passed 9-9-24.)
1136.08 EXEMPTIONS.
(a) Exempt Signs. The following signs shall not require a permit:
(1) Signs which are not visible to a person of ordinary eyesight from or beyond any public right-of-way; and any property line of the lot (or development unit, as applicable) upon which the sign is located.
(2) A traffic control sign, signal or device erected by a governmental entity.
(3) Public facilities signs erected by governmental entities, but subject to area, dimensional, and other applicable regulations of this chapter.
(4) Notices required to be posted by law or order of court.
(5) Political signs.
(6) Signs otherwise exempt from municipal regulation pursuant to State or Federal law.
(7) Signs held by or affixed in any manner to a person and not set on or affixed to the ground and/or any structure thereon either in whole or in part.
(8) Any street numbers or address signs required by and erected in conformity with Chapter 1365 of the Codified Ordinances provided that the numbers shall be no greater than twelve inches in height.
(9) Signs advertising the sale, lease, or rental of the premises upon which the sign is located, shall not exceed twenty-five (25) square feet in area, except in all residential districts where the area of the sign shall not be more than twelve (12) square feet.
(b) Alterations Which Do Not Require a Permit.
(1) No permit is required for repair, repainting, or other maintenance of conforming signs that does not alter a sign.
(2) No permit is required to change a sign's copy provided that no changes are made to the sign structure. In the event the sign and copy are effectively one and the same (for example, a wall sign constructed of channel letters), then an application for a permit must be made.
(Ord. 77-24. Passed 9-9-24.)
1136.09 PROHIBITED SIGNS TYPES.
(a) All signs not expressly permitted in this chapter shall be prohibited in the City. Such signs include but are not limited to the following:
(1) Signs above the roof line;
(2) Signs which move mechanically are prohibited. Mechanical movement refers to animation, revolution, movement up and down or movement sideways;
(3) Signs placed on any utility poles or utility equipment (unless required to be placed there by the utility), hydrants, rocks/boulders, trees or other vegetation;
(4) Windblown devices such as pennants, spinners and streamers;
(5) Inflatable signs;
(6) Permanent signs installed or attached to accessory structures, including outdoor furniture, benches, tables, chairs;
(7) Permanent banners. Banners both vertical freestanding and horizontal, may be used only temporarily in accordance with and subject to the regulations contained in Section 1136.06(g). No temporary banner may be constructed of paper;
(8) Signs projected upon any surface by means of light or shadow; and
(9) Animated signs including those that emit any fire, smoke, steam, odor, or sound.
(b) Trailered/Vehicle Signs. Vehicles, trailers, and all such other mobile and semi-mobile equipment are not permitted to be used as either temporary or permanent signs either by virtue of having copy or signage placed on them or by virtue of their use, in context, as signs in their own right. This prohibition does not apply to copy or signage on any vehicle which is in transit or otherwise only temporarily present for a transient purpose.
(Ord. 77-24. Passed 9-9-24.)
1136.10 PERMIT PROCESS.
(a) Compliance with this Section. No portion of a permanent or temporary sign shall be constructed, erected, or otherwise displayed without first getting a permit from the Planning and Zoning Department as required by Section 1136.07, except in residential zones as noted in Section 1136.04 (c) through (e).
(b) Fees. The fee for a sign permit shall be established by Section 110.13 of the Codified Ordinances of the City of Conneaut and amended from time to time.
(c) Permanent Signage Permit Application. The application for a permit shall be available electronically on the City's website and physical copies are available at the municipal building. The application shall establish the exact location of the sign the height and area of the sign and shall, where necessary dependent upon the application, be accompanied by structural design drawings prepared by an industry professional person competent to design such structure.
(d) Temporary Signage Permit Application (in a Business or Industrial District). The
application for a permit shall be available electronically on the City's website and physical copies are available at City Hall, but in every instance the application shall establish the exact location of the sign and the date when it will be erected and removed and shall be considered binding subject to nuisance conditions as defined herein. There shall be no cost for a temporary sign permit.
(e) Permit Issuance. The Zoning Department shall examine the proposed sign's plans,
specifications and premises as provided by the applicant in a complete and accurate permit application. Unless the applicant applies for a variance from a provision in the Code in order to erect a sign as proposed, or the applicant engages in other conduct which directly causes delay, the Department shall make a determination on the permit application within thirty (30) calendar days.
If the proposed sign complies with this and all other applicable laws and ordinances of the City, the Department shall issue the requested permit upon receipt of the appropriate fees. If the work authorized by a permit is not completed within six (6) months after the date of issuance, said permit shall become null and void.
The Department may revoke a permit where there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application. The Department shall issue a written statement contemporaneous with its decision explaining the reasons for revocation.
(Ord. 77-24. Passed 9-9-24.)
1136.11 NONCONFORMING SIGNS.
(a) Any non-conforming sign which is structurally altered shall be made to comply with the provisions of this chapter. For the purposes of this chapter "structurally altered" shall mean any physical changes to the dimensions, structural support, foundation, lighting provisions, or electrical wiring of any non-conforming sign.
(b) Any non-conforming sign which is damaged or destroyed to an extent greater than fifty percent (50%) of original cost as determined by the Zoning Administrator shall be removed and shall only be replaced with a sign conforming to the provisions of this chapter, within ninety (90) days, including but not limited to, applying for a permit.
(c) A sign is or becomes nonconforming if it is not in conformance with the provisions of this chapter.
(d) A change in the ownership of the real estate or a change in the management of the property or business activity does not affect the status of an existing sign under this chapter.
(e) Permanent window signs erected prior to the date of this section shall be removed or altered to comply with the provisions of this chapter within thirty (30) days after notification of violation by the Zoning Administrator.
(Ord. 77-24. Passed 9-9-24.)
1136.12 REQUIRED SIGN MAINTENANCE.
(a) No sign shall be a safety or health hazard due to inadequate or inappropriate design, construction, repair, or maintenance.
(b) Signs must be maintained so as not to show evidence of deterioration, including peeling, rust, dirt, fading, damage, discoloration or holes.
(c) Abandoned Signs and Failure to Maintain.
(1) When a tenant leaves the premises, they are responsible for removing all the signs they owned or erected within ten (10) days. If the tenant does not do so within ten (10) days, the owner of the premises, shall, within thirty (30) days, remove all signs owned or erected by such tenant.
(2) When the use or required maintenance of any sign is discontinued, the owner of such sign shall immediately remove the same.
(3) Any non-conforming sign which is unused for a continuous period of six (6) months or which advertises business activities, products, or services which have been discontinued or abandoned for a period in excess of six (6) months shall be removed or altered to comply with the provisions of this chapter.
(d) Abandoned or Unmaintained Signage.
(1) Any sign which is a nuisance (defined as being a threat to the safety of persons or property), or for which there is no permit, or which violates any provision of this chapter will be ordered by the Department for removal, repair or maintenance. Every such order shall be mailed by personal or certified mail to the sign owner and/or property owner using the address listed on the Ashtabula County Auditor's website. If service has been refused or unclaimed, no further service or notice shall be required, and the time for compliance shall begin from the date such service refusal or failure to claim is entered in the records of the Zoning Department.
(2) Whenever the removal, repair or maintenance of any permanent sign has been ordered by the Department, the owner or person in possession of such sign shall comply with such order within fourteen (14) days after the date of the notice as given and served, irrespective of timing of delivery and/or any unforeseen delay in regular ground US Mail delivery outside the reasonable control of the City of Conneaut. Whenever the removal, repair or maintenance of a temporary or portable sign bas been ordered by the Department, the owner or person in possession of such sign shall comply with the order within twenty-four (24) hours after notice is served upon them. In the event of noncompliance, the Department may seek an order of removal from the Conneaut Municipal Court or, in its absence a court of competent jurisdiction; or it may pursue criminal action against the owner and/or person in possession in accordance with the appropriate provisions of this chapter and Code relating to violations. If, following an inspection, the Department determines that any sign constitutes an immediate danger to the public safety the Department may cause for the immediate removal of said sign without regard to the time intervals for compliance cited above, at the sign owner's expense. Removal of a sign shall include the sign face, enclosing frame, all sign supporting members and base, unless otherwise specified in the order to remove.
(Ord. 77-24. Passed 9-9-24.)
1136.13 SIGNS IN RIGHT-OF-WAY AND OTHER PUBLIC AREAS.
(a) No person may erect or place any sign within a public right-of-way or upon City property, inclusive of City and other public easements, excluding A-frame signs as permitted in Section 1136.06(c). Additionally, no signs may project over any of these areas.
(b) Signs erected in violation of this chapter are hereby declared (i) a nuisance which
endanger the health, safety and welfare of the general public and, further, (ii) a trespass upon the public lands. Any such signs shall be seized as contraband and removed immediately upon their discovery by any duly acting City officer to be disposed of as litter in accordance with Section 521.08 of the Codified Ordinances.
(Ord. 77-24. Passed 9-9-24.)
1136.14 SEVERABILITY.
If any section, subsection, or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected. (Ord. 77-24. Passed 9-9-24.)
1137.01 OFFICE OF ZONING INSPECTOR.
(a) Appointment. A Zoning Inspector, appointed by the City Manager, shall administer and enforce this Zoning Ordinance, for a tenure of office and at compensation fixed by a separate ordinance.
(b) Duties. The Zoning Inspector, with the assistance of other City departments having jurisdiction or with other persons as the City Manager may direct shall have the following duties:
(1) Review plans and specifications as it pertains to enforcing the zoning matters of this Code.
(2) Review zoning applications and issue zoning certificates in accordance with this Code.
(3) Enforce the provisions of planned unit developments.
(4) Enforce the provisions of the flood plain regulations.
(5) Upon finding that any of the provisions of this Zoning Ordinance are being violated, he shall notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation(s).
(6) Order discontinuance of uses of land, buildings, or structures violating this Code.
(7) Order removal of buildings or structures or illegal additions or structural alterations violating this Code.
(8) Order discontinuance of any work being done in violation of this Code.
(9) Take any other action authorized by this Zoning Ordinance to ensure compliance with or to prevent violation(s) of this Zoning Ordinance.
(10) To issue Nonconforming Certificates in accordance with Chapter 1107.
(11) To revoke any variance, conditional use permit, nonconforming certificate or special exception in accordance with Section 1137.05.
(Ord. 60-93. Passed 7-11-94.)
1137.02 PLANNING COMMISSION.
(a) Duties of Planning Commission. For the purpose of this Zoning Ordinance the Commission shall have the following duties:
(1) Review and approve as it deems proper site plans involving single structures or groups of structures for use as multi-family, business, commercial, industrial buildings or structures, and essential services, regardless of the district in which permitted, prior to the issuance of a Zoning Certificate by the Zoning Inspector.
(2) Investigate, prepare, review and submit to Council comprehensive plans and amendments thereto, addressing the future development and capital improvements of the City, taking into consideration the existing utilities, convenience, aesthetics, physical needs, densities and the social welfare, health, safety and physical well-being of the residents.
(3) Decide zoning district boundary issues following the standards and criteria of Chapter 1109 (Establishment of Districts; Zoning Map) and conduct hearings to decide zoning district boundary uncertainties and disputes.
(4) Review proposed amendments to the Planning and Zoning Code and Official Zoning District Map, and make recommendations to the Council thereon.
(5) Review and act upon proposed subdivision plans and plats.
(6) Convene and discuss in executive session those matters permitted by the Ohio Sunshine Law.
(7) Conduct hearings to provide such appeals as may be required under the Conneaut Subdivision Code
(8) Assume duties of the Design Review Board and Historical or Preservation Districts as set forth in Chapter 1357 of the Conneaut City Code.
(9) Hear administrative appeals from City property maintenance, vacant property and occupancy codes.
(b) Proceedings of Planning Commission. The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the Chairman and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the office of the Commission and with the Planning and Zoning Manager.
(Ord. 29-18. Passed 9-10-18.)
1137.03 BOARD OF ZONING AND BUILDING STANDARD APPEALS.
(a) Establishment of a Board of Zoning and Building Standard Appeals. A Board of Zoning and Building Standard Appeals is hereby created. Such Board shall consist of five (5) members appointed by the City Manager, and the members shall be residents of the incorporated territory of the City of Conneaut. The members may be allowed their expenses, or such compensation, or both, as the City may approve and provide in reference to the review of applications under consideration. The Board may, within the limits of the monies appropriated by the City for the purpose, employ such executives, professional, technical, and other assistants as it deems necessary.
(b) Organization of the Board. The Board shall organize and adopt rules for its own government not inconsistent with these regulations or with any other state laws or City ordinances.
(c) Meetings of the Board. Meetings shall be held at the call of the Chairman or the City Manager, and at such other times as a majority of the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the Clerk of the Board of Zoning Appeals and shall be of public record.
(d) Proceedings of the Board of Zoning Appeals. The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Code. An annual organizational meeting will be held each year in the month of January. Meetings shall be held at the call of the chairman and at such time as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Zoning Inspector, Board of Appeals and the City Clerk.
(e) Duties of the Board of Zoning Appeals. The Board of Zoning Appeals may:
(1) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector.
(2) Authorize, upon appeal, in specific cases, such variances from the terms of this Code as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Code will result in unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done;
(3) Grant conditional zoning permits for the use of land, buildings or other structures if such certificates for specific uses are provided for in the Zoning Code;
(4) Grant special exceptions in accordance with this Code.
(f) Quorum. Three (3) members of the Board shall constitute a quorum. The Board shall act by resolution. The concurring vote of three (3) members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector, or to decide in favor of an applicant in any matter of which the Board has original jurisdiction under this Zoning Ordinance or to grant any variance from the requirements stipulated in this Zoning Ordinance.
(g) City Department Assistance. The Board may call upon the City departments for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(Ord. 60-93. Passed 7-11-94.)
1137.04 ZONING CERTIFICATE.
No person shall use, locate, erect, construct, reconstruct, enlarge or structurally alter any building, structure, or sign within the City without having the required Zoning Certificate. Said certification shall not be issued unless the plans for the proposed building or structure fully comply with all provisions of this Zoning Ordinance.
(a) Zoning Certificate. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Code. The issuance of a use certificate in no way relieves the recipient from compliance with all the requirements of this Code and other regulations.
(b) Certificate Requirements. A Zoning Certificate shall be required for any of the following:
(1) Construction or exterior alteration of any building, including accessory buildings.
(2) Change in use of an existing building or accessory building to a use of a different classification.
(3) Occupancy and use of any land.
(4) Change in the use of land to a use of a different classification.
(5) Any change in the use of a non-conforming use.
(6) Any accessory building or use which is accessory to a dwelling in an "R" District.
(7) Erection or location of any sign or fence, not replacing a sign or fence of similar construction and sign. Insofar as all the requirements of the Conneaut Zoning Code are met, no permit shall be required for:
A. Election related signs erected within sixty (60) days of an election.
B. Real estate signs advertising the sale or lease of a particular house or dwelling unit.
C. Yard sale signs erected within three (3) days of the yard sale.
(c) Issuance of a Zoning Certificate. Upon written request from the owner or tenant, the Zoning Inspector shall issue a Zoning Certificate for any building or premises existing at the time of enactment of this Zoning Ordinance certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conform to the provisions of this Zoning Ordinance.
(d) Application for a Zoning Certificate. A Zoning Certificate application shall be made in writing to the Zoning Inspector. Each written application shall be accompanied by a nonrefundable fee set by Council and shall include the following:
(1) Name, address, and telephone number of the applicant.
(2) Two (2) copies of a scale drawing with a legal description and/or survey showing the actual shape and dimensions of the lot to be built upon, or to the changes in its use, in whole or in part, and such other items as may be required.
(3) The location of the lot, existing zoning and land use, including the immediately surrounding area.
(4) A detailed site plan showing the location, size, and height of any building or structure to be erected or altered.
(5) The existing or intended use of each building, structure or use of land where buildings are included.
(6) The number of families or dwelling units each building is designed to accommodate, if applicable.
(7) Such other information as the Inspector may deem appropriate in order to determine whether the terms and conditions of this Zoning Ordinance have been met.
(e) Approval of Zoning Certificate.
(1) Within thirty (30) days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this resolution. The Zoning Inspector shall approve the zoning application provided such application satisfies the terms and conditions of this Code, including provisions relating to planning approval found in Section 1137.02(a)(2). The permit fee shall be reduced by an amount equal to the non-refundable filing fee established by Council. Prior to the issuance of the permit, the Zoning Inspector shall determine if the Design Review Standards have been followed and satisfied.
(2) All Zoning Certificates shall, however, be conditioned upon the commencement of work within 120 days. One (1) copy of the plans shall be returned to the applicant by the Zoning Inspector after he shall have marked such copy either approved or disapproved and attested to same by his signature on such copy. One (1) copy of plans, similarly marked, shall be retained by the Zoning Inspector. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alternation is in conformance with the provisions of this Zoning Ordinance. Failure to notify the applicant in case of refusal within said thirty (30) days shall entitle the applicant to a public hearing before the Board of Zoning Appeals to determine the Zoning Inspector's failure to act within the prescribed time limit. Such hearing shall be at the next regularly scheduled Board meeting.
(f) Expiration of Zoning Certificate. If the work described in any Zoning Certificate has not begun within one hundred and twenty (120) days from the date of issuance thereof, said certificate shall expire; it shall be revoked by the Zoning Inspector; and written notice thereof shall be given to the persons affected. If the work described in any Zoning Certificate has not been substantially completed within two (2) years of the date of issuance thereof, such certificate shall expire and be revoked by the Zoning Inspector, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate has been obtained or extension granted by the Zoning Inspector.
(g) Procedure for Notification by Inspector of Intent to Revoke. The Inspector shall notify the holder of the variance or certificate by certified mail of its intent to revoke the variance or certificate under this section of his right to a hearing before the Inspector, within thirty days of the mailing of the notice, if he so requests. If the holder requests a hearing, the Inspector shall set a time and place for the hearing, and notify the holder. At the hearing, the holder may appear in person, by his attorney or he may present his position in writing. He may present evidence and examine witnesses appearing for or against him. If no hearing is requested, the Inspector may revoke the variance or certificate without a hearing. The authority to revoke a variance or certificate is in addition to any other means of zoning enforcement provided by law. The holder may appeal to the Board of Zoning Appeals.
In exercising the above-mentioned powers, such Board may, in conformity with such sections, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end has all powers of the officer from whom the appeal is taken.
(Ord. 60-93. Passed 7-11-94.)
1137.05 PROCEDURE FOR ADMINISTRATIVE APPEALS .
(a) Generally.
(1) Any person or officer of the City aggrieved by or affected by any decision of the Zoning Inspector shall, within twenty (20) days after the decision, file with the Zoning Inspector and the Board of Appeals a notice of appeal Said notice of appeals shall:
A. Be completed on a form provided by the Inspector and signed by the applicant.
B. Specify in detail, the decision appealed from the Inspector and the basis of the appeal, and shall, when available, include any documents received from the Inspector's office.
C. Be accompanied by a non-refundable filing fee set by Council ordinance.
(2) Any person, having first been denied a zoning permit by the Zoning Inspector, may apply to the Board of Zoning Appeals for a variance, conditional use permit or special exception. Said application shall:
A. Be completed on a form provided by the Inspector and signed by the applicant.
B. Provide all the information for the remedy sought as provided by the terms and conditions of this Code.
C. Be accompanied by a non-refundable filing fee set by Council ordinance.
(3) No appeal or application for special permit shall be considered by the Board until such time as all of the conditions in (1) or (2) are completed, and the applicant has submitted a zoning application and filing fee as required by Section 1137.04(d). (Ord. 60-93. Passed 7-11-94.)
(b) Hearings.
(1) The Board shall fix a reasonable time for the hearing of an appeal, or application for special permit, not more than thirty (30) days after receipt of the notice of appeal unless the same is waived by the applicant. The Zoning Inspector shall send written notice to the applicant and those property owners either contiguous to the subject property or directly across the street at the mailing address listed on the County Auditor tax list, at least ten (10) days prior to the hearing, unless the same is waived. The notice shall contain the following:
A. The date, time and location of the hearing.
B. A copy of the application for Zoning Permit, the written denial of the Zoning Inspector for such permit and a copy of the applicant's written request for a variance.
C. That the applicant or interested parties may choose to be represented by counsel and to have that counsel present.
D. That the applicant or such interested parties may call such witnesses as he chooses to testify on his behalf.
(2) The Board may choose to enter into executive session for the purpose of deliberating on any appeal brought before it.
(c) Decision of the Board.
(1) The Board shall decide in writing all applications and appeals within sixty (60) days after the final hearing. Such decision shall be evidenced by a written variance, conditional use permit, denial, or special exception. The Zoning Inspector shall send such decisions or permits by regular mail within ten (10) days after the final decision of the Board to the applicant and those property owners either contiguous to the subject property or directly across the street at the mailing address listed on the County Auditor tax list. Decisions shall not take effect or be deemed issued until at least three of the Board members have approved the decision by voice vote in an open meeting.
(2) The Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, the order, requirements, decision, or determination as in its opinion should be made and to that end, shall have all powers of the Zoning Inspector or other office from whom the appeal is taken. Such decision shall be binding upon the Zoning Inspector.
(Ord. 100-17. Passed 4-23-18.)
(d) Duties of Zoning Inspector, Board of Zoning Appeals, Legislative Authority and Courts on Matters of Appeal. It is the intent of this Code that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Code that the duties of the Conneaut City Council in connection with this Code shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Code. Under this Code the Conneaut City Council shall only have the duties of considering and adopting or rejecting proposed amendments or the repeal of this Code as provided by law, and of establishing a schedule of fees and charges. Nothing in this Code shall be interpreted to prevent the City of Conneaut from appealing a decision of the Board to the courts as provided in Chapters 2505 and 2506 of the Ohio Revised Code. Any such appeal shall be made within ten (10) days of the Board's written decision.
(Ord. 60-93. Passed 7-11-94.)
1137.06 CERTIFICATE OF ZONING COMPLIANCE.
A Certificate of Zoning Compliance shall be required for all lawful nonconforming uses of land or buildings existing or created by the adoption of this Zoning Ordinance. It shall be the duty of the Zoning Inspector to notify and issue a certificate for a lawful nonconforming use to the owner or tenant within a period of one (1) year after the effective date of this Zoning Ordinance. Refusal of the Zoning Inspector to issue a certificate for such nonconforming use shall be evidence that said nonconforming use was either illegal or did not exist at the effective date of this Zoning Ordinance. A Certificate of Zoning Compliance for a lawful nonconforming use shall not be transferred to another owner or lessee; however, such use may be continued, provided, a Certificate of Zoning Compliance shall be obtained by the new owner or lessee.
(Ord. 60-93. Passed 7-11-94.)
1137.07 PROCEDURE FOR CONDITIONAL USES.
The Board of Zoning Appeals may hear and decide upon, in accordance with the provisions of this Zoning Ordinance, applications for a Conditional Use Permit. The purpose of a Conditional Use Permit is to allow a proper integration in the City of uses which may only be suitable in specific locations within certain district(s) or only such uses as are designed or laid out in a particular manner on the site. A Conditional Use Permit shall be required for all uses listed as Conditionally Permitted Uses.
(a) Public Hearing. A public hearing may be ordered by the Board and notice thereof shall be given by the Zoning Inspector at least ten (10) days prior to the hearing to the applicant and to those property owners contiguous to the subject property and those directly across the street. Notices shall be sent to those owners at the mailing address listed on the County Auditor tax list. Failure of any person, other than the applicant, to receive notice of any public hearing in no way shall effect the validity of the action taken.
(b) Conforming Use. Any existing lawful use which is considered as a Conditionally Permitted Use by this Zoning Ordinance, which is located in a district in which such use is conditionally permitted, shall be considered as a conforming use. Any expansion of such a Conditionally Permitted Use involving the enlargement of buildings, structures, and/or land areas devoted to such conditional use, shall be subject to the procedures outlined in this section.
(c) Permit Expiration. In any case where an approved Conditional Use Permit has not been used, within twelve (12) months of the date it was granted, the permit shall expire unless an extension of the above time period has been authorized by the Board.
(d) Contents of Application for Conditional Use Permit. An application for a Conditional Use Permit shall be filed with the Zoning Inspector by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
(1) Name, address, and phone number of applicant.
(2) Legal description of property.
(3) Description of existing use.
(4) Zoning district in which use is located.
(5) Description of proposed conditional use.
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance.
(e) Revocation. The Inspector shall notify the holder of the conditional use permit by certified mail of his/her intent to revoke the conditional use permit under this section of the permit holder's right to a hearing before the Inspector, within thirty (30) days of the mailing of the notice, if the permit holder so requests. If the holder requests a hearing, the Inspector shall set a time and place for the hearing, and notify the holder. At the hearing, the holder may present evidence and examine witnesses appearing for or against him. If no hearing is requested, the Inspector may revoke the conditional use permit without a hearing. The authority to revoke a permit is in addition to any other means of zoning enforcement provided by law. The holder may appeal to the Board of Zoning Appeals.
In exercising the above-mentioned powers, such Board may, in conformity with such sections, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end has all powers of the officer from whom the appeal is taken.
(Ord. 96-21. Passed 5-9-22.)
1137.071 GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES.
(a) The Board of Zoning Appeals shall review the particular facts and circumstances of each proposed conditional use and shall approve the conditional use if all the following general conditions are met and the specific criteria as appropriate in Section 1137.072.
(1) In considering an application for a Conditional Use Permit, the Board must make an affirmative finding that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of conditional uses have been met.
(2) The conditional use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(3) It will not be hazardous or disturbing to existing or future neighboring uses.
(4) It will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(5) It will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(6) It will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(7) It will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(8) It will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(9) Conditionally permitted uses and accessory activities shall be confined within completely enclosed buildings with the exception of off-street parking spaces, off-street loading areas, accessory fuel storage, attached storage tanks, HVAC units and employee recreational facilities.
(10) No land or building conditionally permitted in any district shall be occupied or used in any manner which creates or contributes to the existence of conditions which are dangerous, injurious, harmful, noxious, or objectionable, or which may otherwise adversely affect surrounding areas or adjoining premises, except that any use permitted by this Zoning Ordinance may be undertaken or maintained if acceptable measures and safeguards to reduce any dangerous or objectionable conditions to acceptable limits, as established in this section, are properly exercised. Specifically, the occupation or use of any land or building in any district shall be in violation of this Zoning Ordinance if one or more of the following conditions is found to exist at any time:
A. The use or storage of flammable or explosive materials is not adequately protected by fire-fighting and fire-protection equipment or by such safety devices as are normally required for such activities;
B. Activities involving the use and storage of flammable and explosive materials are not removed from adjacent facilities or activities to a distance compatible with the potential danger involved as determined by the Fire Chief.
C. Radioactivity or air pollution is present in violation of the regulations of the Ohio Environmental Protection Agency;
D. Hazardous wastes are present in violation of the regulations of the Ohio Environmental Protection Agency;
E. Objectionable noise off-site as determined by the Zoning Inspector due to volume, frequency or beat is present;
F. Vibration discernible by the Zoning Inspector without instruments is present on an adjoining lot or property;
G. Direct or reflected glare is present which is visible from any street or from any property not within a B or M district;
H. Erosion caused by wind or water is carrying objectionable substances onto any adjacent lot or property;
I. Water pollution or contamination is present in violation of the regulations of the Ohio Environmental Protection Agency.
J. Conditions or operations which result in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public. If the odors start after operations, the activity shall be removed or modified to remove the odor.
K. Any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographic survey, personal pleasure or associated uses which do not conform with the current Federal Communication Commission's regulations.
L. Discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in accordance with OEPA, City ordinances and the City of Conneaut Health Department's regulations.
(Ord. 96-21. Passed 5-9-22.)
1137.072 SPECIFIC CRITERIA FOR CONDITIONAL USES.
(a) Bed and Breakfasts and Short-Term Rentals.
(1) No owner shall permit a guest to occupy such accommodations for more than a thirty (30) day consecutive period.
(2) Electric and internally illuminated signs shall not be allowed in residential districts.
(3) In business districts, signs shall not exceed an initial lumen output of 2850 lumens (equivalent to a 150-watt incandescent A lamp) (copied from Ravenna)
(4) There shall be no more than four (4) guest rooms with a maximum number of guests not to exceed two (2) times the number of beds utilized by guests.
(5) All owners of a Bed and Breakfast or Short-Term Rental shall be current on all transient lodging taxes due the City, as provided in Chapter 193 of the Codified Ordinances of the City of Conneaut.
(6) The Conneaut City Fire Department shall inspect and approve all Bed and Breakfasts and Short-Term Rentals for compliance with the State Fire Code prior to a conditional use permit being granted. The Conneaut Fire Department shall also conduct annual inspections to insure compliance with the State Fire Code. A conditional use permit issued for a Bed and Breakfast or Short-Term Rental shall not expire unless revoked as provided in subsection (a)(7) below.
(7) Upon inspection, the Conneaut Fire Department shall inform the Planning and Zoning Manager of any violations of the State Fire Code or City Property Maintenance Code. The Planning and Zoning Manager shall then notify the owner of the violations and provide a period of ten (10) days to make any required repairs. If the repairs are not made within that time period, the Manager may revoke the conditional use permit in accordance with Section 1137.07(e). Any owner may appeal the Manager's revocation to the Board of Zoning Appeals, pursuant to Section 1137.05.
(8) All parking spaces for Bed and Breakfasts and Short-Term Rentals shall be located on the premises and shall consist of one (1) parking space for each guest room, in addition to parking spaces required for the dwelling. On-street parking is prohibited, except when located in a non-residential district.
(b) Farm Animals.
(1) Any person, business, entity or firm owning, harboring or keeping seven (7) or more birds as defined above within a residential district of the City of Conneaut shall provide for a "run" of at least ten (10) square feet per bird, at least one (1) nest for every three (3) birds and a proper enclosure, hutch or coop for the housing of such birds which shall be approved by the Conneaut Zoning Inspector and shall in no event be less than one (1) square foot in size per bird, and which shall be at least twelve (12) inches off of the ground.
(2) The enclosure described at subsection (b)(1) of this section shall be considered an accessory building as defined at section 1103.01 of this Code and shall comply with all requirements for accessory buildings as set forth therein. Such enclosures shall be located in the rear yard only and shall be located not closer than five (5) feet from all lot lines of adjoining lots which are in any residential district and ten (10) feet from any other structure on the same lot.
(3) All persons, businesses, entities or firms owning, harboring or keeping poultry or fowl within any district of the City of Conneaut shall comply with all provisions of Chapter 1323 of the Codified Ordinances and shall in no event permit such activity from becoming unreasonable or offensive in appearance, smell or sound.
(4) No person, business, entity or firm shall own, harbor or keep large birds such as ostriches, emus or peacocks within any residential or business district of the City of Conneaut.
(5) No person, business, entity or firm shall own, harbor or keep a rooster or other crowing bird capable of creating unreasonable animal noise within any residential or business district of the City of Conneaut.
(6) Farm animals, as defined in Section 1103.01,are to be located on five (5) or more acres so as to not cause a public nuisance. Any person, business, entity or firm owning farm animals on property which is less than five (5) acres shall require a conditional use permit.
(c) All off-street loading spaces and parking shall be in accordance with Chapter 1134 of this Code. (Ord. 96-21. Passed 5-9-22.)
1137.08 PROCEDURE FOR VARIANCES.
1) When considering a request for a variance the Board shall be subject to the powers and the limitation of powers set forth in the Zoning Code and further subject to the required findings set forth in subsection (b) or (c) depending on the type of variance sought. The applicant for variance shall have the burden of proof in these proceedings.
2) LOT AREA OR SETBACK AREAS. No variance to the provisions or requirements of the Zoning Code, pertaining to the lot area or setback shall be granted by the Board unless the Board has determined that a practical difficulty does exist or will result from a literal enforcement of the Zoning Code. The factors to be considered and weighed by the Board in determining whether a property owner, seeking an area or setback variance, has proved practical difficulty, include:
a) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
b) Whether the variance is substantial;
c) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
d) Whether the variance would adversely affect the delivery of government services (e.g., water, sewer, garbage, fire, police or other);
e) Whether the property owner purchased the property with the knowledge of the zoning restriction;
f) Whether the property owner's predicament can be obviated through some method other than a variance;
g) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance;
h) The granting of the variance will not be contrary to the general purpose, intent and objectives of this Zoning Code or other adopted plans of the City of Conneaut;
3) VARIANCES OTHER THAN AREA AND LOT SETBACK. The Board may authorize a variance, other than for a lot area and/or setback, in specific cases, from the strict application of the Zoning Code; provided that it has considered the factors enumerated in subsection (2)(a)-(h)above, and further provided that all conditions enumerated in subsection (a) through (e) below have been met:
a) That the variance requested arises from such a condition which is unique and which is not ordinarily found in the same zoning district; and is created by the Zoning Code and not by an action or actions of the property owner or the applicant;
b) That the granting of the variance will not adversely affect the rights of adjacent property owners or residents;
c) That the strict application of the Zoning Code of which variance is requested will constitute unnecessary hardship upon the property owner or the applicant;
d) That the variance desired will not adversely affect the public health, safety, morals or general welfare; and
e) That granting the variance desired will not be opposed to the general spirit and intent of the Zoning Code.
4) LAPSE OF VARIANCES. A variance once granted shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of one year, no substantial construction is done in accordance with the terms and conditions for which such variance was granted. In such circumstance, the Zoning Inspector shall give a notice in writing, and thirty days thereafter, the variance shall be deemed null and void, and all regulations governing said premises in question shall revert to those in effect before the variance was granted
If an appeal has been denied by the Board, it need not reconsider the same appeal if resubmitted within six months after date of decision unless the underlying conditions have substantially changed.
5) NOTICE TO COUNCIL AND PLANNING COMMISSION. Upon issuance by the Board of Zoning Appeals of any ruling, determination or order, the Secretary of the Board shall send within three days of the date of such ruling, determination or order, a copy thereof to the Clerk of Council and to the Secretary of the Planning Commission who shall present such report at the next regular meeting. (Ord. 13-17. Passed 5-22-17.)
1137.09 NONCONFORMING LOTS, NONCONFORMING USES OF LAND, AND NONCONFORMING STRUCTURES.
In addition to permitting the conditional uses and variances hereinbefore specified, the Board shall have the authority for supplemental requirements for nonconformities as specified in Section 1107.01.
(Ord. 60-93. Passed 7-11-94.)
1137.10 SPECIAL EXCEPTIONS.
The Board, upon appeal, shall have the power to authorize special exception permits which vary from this Zoning Ordinance and to attach such conditions to the special exception as it deems necessary. A special exception shall not be granted unless necessary for the best interest of the community and not detrimental to the immediate neighborhood and by a 3/4 vote of the Board of Zoning Appeals.
(Ord. 60-93. Passed 7-11-94.)
1137.11 INTERPRETATION OF OFFICIAL ZONING DISTRICTS MAP.
Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the map, the Board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this Zoning Ordinance. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the map may be made to the Board, and a determination shall be made by said Board as specified in Section 1109.02.
(Ord. 60-93. Passed 7-11-94.)
1137.12 VIOLATIONS.
Failure to obtain a Zoning Certificate or Certificate of Zoning Compliance shall be a violation of this Zoning Ordinance and punishable under subsection (b) hereof.
(a) Complaints regarding violations. Violations against this Zoning Ordinance shall be filed with the Zoning Inspector.
(b) Penalties for violation. Violation of the provisions of this Zoning Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this Zoning Ordinance) shall constitute a misdemeanor. Any person who violates this Zoning Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one hundred dollars ($100.00) or imprisoned for not more than thirty (30) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 60-93. Passed 7-11-94.)
1137.13 SCHEDULE OF FEES, CHARGES AND EXPENSES.
(a) The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for Zoning Certificates, appeals, and other matters pertaining to this Zoning Ordinance. The schedule of fees shall be posted in the office of the Zoning Inspector, and may be altered or amended only by Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 60-93. Passed 7-11-94.)
(b) (EDITOR’S NOTE: Former subsection (b) was repealed by Ordinance 28-21, passed June 14, 2021.)