Elmore Village City Zoning Code

TITLE THREE

Zoning Districts and Land Use Regulations

1111.01 ZONING DISTRICTS ESTABLISHED.

For the purposes of this Zoning Ordinance, all land within the incorporated territory of Village of Elmore, Ohio, is hereby divided into the districts established in Table 1111-1 "Zoning Districts."

Table 1111-1: Zoning Districts
Abbreviation	Zoning District Name
Residential Zoning Districts
R-R	Rural Residential District
R-1	Low Density Residential District
R-2	Medium Density Residential District
R-3	High Density Residential District
R-4	Manufactured Home Park District
Business Zoning Districts
NB	Neighborhood Business District
GB	General Business District
CB	Central Business District
POB	Professional Office Business District
PBP	Planned Business Park District
Industrial Zoning Districts
LI	Light Industrial District
HI	Heavy Industrial District
Special Districts
REC	Recreation District
Overlay Districts
PUD	Planned Unit Development (PUD)

(Ord. 30-22. Passed 12-12-22.)

1111.02 BASE ZONING DISTRICT PURPOSE STATEMENTS.

The following are the statements of purpose for each of the base zoning districts established in this Zoning Ordinance.

(a) Rural Residential District (R-R). The Rural Residential District is designed to:

(1) Preserve and protect for agricultural use these land areas needed and best suited for agriculture.

(2) Prevent the indiscriminate spread of urban uses into rural areas which are incompatible with agricultural pursuits, and which contribute to their premature termination.

(3) Retain land which could eventually be developed for urban uses currently in productive agricultural uses.

(b) Low Density Residential District (R-1). The Low Density Residential District is created to provide for single-family residential uses at a density of not more than two and nine-tenths (2.9) dwelling units per gross acre.

(c) Medium Density Residential District (R-2). The R-2 District is created to provide for single-family and duplex residential uses at a density of not more than four and three-tenths (4.3) dwelling units per gross acre.

(d) High Density Residential District (R-3). The R-3 District is created to provide for single-family, two-family and multi-family residential uses. This District may be used only when adequate public sewer and public water services are available.

(e) Manufactured Home Park District (R-4). The District shall be used in areas suitable for residential development. It will be limited to the prefabricated types of single-family manufactured dwelling units and other uses characteristic of a residential area.

(f) Neighborhood Business District (NB). The Neighborhood Business District is created to provide for the retailing of convenience goods and essential personal services to satisfy the daily and weekly household and personal needs of the surrounding residential neighborhoods.

(g) General Business District (GB). The General Business District is created to provide retailing and personal services which require larger tracts of land and encompass a larger service area than that of the Neighborhood Business District. This district is so designed to permit commercial development of permitted uses which will be limited only by standards set forth to protect the abutting districts and as directed against the extension of strip zoning. The General Business District shall be considered for use in limited areas adjacent to the Central Business District and in accessible locations along primary through routes on the Major Thoroughfare Plan. Strip zoning utilizing this district shall be prohibited.

(h) Central Business District (CB). It is the intention of Council that by the creation of the Central Business District and its appurtenant regulations, further expansion and renewal of the historical core business area will be encouraged in such a manner that it is pleasant, convenient and efficient to use.

(i) Professional Office Business District (POB). The Professional Office Business District is designed to specifically provide for office development in the Village of Elmore.

(j) Planned Business Park District (PBP). The purpose of the Planned Business Park District is to encourage, in appropriate locations, the development of a compatible mix of commercial, industrial, office and institutional land uses, which will be characterized by a park-like openness with attractive modern buildings set in an appropriate landscaped environment. Businesses located therein shall be harmoniously integrated with each other and be compatible to that portion of the municipality within which the Planned Business Park is located. Area requirements of the District are designed to promote the concentration of these desirable industries so that necessary common facilities may be provided used in order that problems of utilities, access, fire control, traffic control and other services may be more easily solved.

(k) Light Industrial District (LI). The purpose of the Light Industrial District is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare, operate entirely within enclosed structures and generate little industrial traffic. This district is further designed to act as a transitional use between heavy industrial uses and other less intensive business and residential uses.

(l) Heavy Industrial District (HI). The purpose of the Heavy Industrial District is to encourage the development of major manufacturing, processing, warehousing and major research and testing operations. These activities require extensive community facilities, and reasonable access to primary through routes. They may have extensive open storage and service areas, generate heavy traffic, but shall be prohibited if they create nuisances beyond the limitations set up by the Planning Commission. (Ord. 30-22. Passed 12-12-22.)

1111.03 SPECIAL DISTRICTS.

Special districts are districts that are separately zoned and intended to allow for and encourage types of development other than that normally associated with conventional zoning districts. Table 1111-2 lists the special districts.

Table 1111-2: Special Districts
Abbreviation	Special Zoning District Name
REC	Recreation District

(Ord. 30-22. Passed 12-12-22.)

1111.04 OVERLAY DISTRICTS.

(a) Intent. The intent of an overlay district is to establish regulations in addition to the applicable regulations of the existing (underlying ) base zoning district that either supplement or replace those existing regulations. Overlay districts are applied to achieve zoning objectives within a defined area when deemed necessary to address unique characteristics of that area.

(b) Planned Unit Development (PUD). A PUD is a floating overlay district which generally does not appear on the zoning map until a designation is requested. This is applied at the time a project is approved.

(c) Zoning Map Designation. The overlay district boundary shall be shown on the zoning map as dashed lines and the district designation labeled is placed alongside the base district designation, such as "R1-PUD."

(Ord. 30-22. Passed 12-12-22.)

1111.05 ZONING MAPS.

(a) The boundaries of the districts are hereby established as shown on a map entitled Village of Elmore Zoning Map 2022, which map together with all notations, amendments, references and other information shown thereon is hereby made part of this Zoning Ordinance.

(Ord. 30-22. Passed 12-12-22.)

(b) The Zoning Map presented to Council and the public for two (2) public hearings is hereby adopted. (Ord. 39-23. Passed 1-23-23.)

1111.06 INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists with respect to the boundaries of any of the districts shown on the Zoning Map, the following rules shall apply:

(a) Where district boundaries are indicated as approximately following the center line of streets or highways, street lines or highway lines such centerlines, street lines, or highway right-of-way lines shall be considered to be such boundaries.

(b) Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be such boundaries.

(c) Where district boundaries are so indicated that they are approximately parallel to the centerline or street lines of streets, or the center lines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and of such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the zoning map.

(d) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of the railroad line.

(e) Where the boundary of a district follows a stream, lake, or other body of water, the boundary line of the body of water shall be deemed to be the boundary of the zoning district unless otherwise indicated.

(f) In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Zoning Ordinance shall be determined by dimension notes on the map, or by the use of the scale appearing on the map.

(g) Whenever any street, alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended district.

(Ord. 30-22. Passed 12-12-22.)

1111.07 UNOFFICIAL ZONING MAP ONLINE.

Zoning district information is available at the County Auditor's Website. This information is deemed a reliable point of reference but is not guaranteed and should be independently verified with the Village of Elmore.

(Ord. 30-22. Passed 12-12-22.)

1111.08 ZONING OF NEWLY ANNEXED AREAS.

(a) All land annexed to the Village subject to the adoption of this Zoning Ordinance shall remain subject to the previous township zoning district regulations until such time as the Official Zoning Map is amended according to the provisions of this Zoning Ordinance. All land annexed to the Village which, prior to annexation, is not subject to township zoning shall remain unzoned until the Official Zoning Map is amended according to the provisions of this Zoning Ordinance.

(b) In Ohio, the process of annexation is regulated by Ohio R.C. Chapter 709.

(Ord. 30-22. Passed 12-12-22.)

1113.01 APPLICABILITY.

The Permitted Principal Use Table 1113-1 and Permitted Accessory Use Table 1113-2 lists the uses allowed within all zoning districts except for special districts, planned unit developments, and overlay districts.

(Ord. 30-22. Passed 12-12-22.)

1113.02 EXPLANATION OF THE PERMITTED USE TABLES.

This section provides an explanation of all the symbols and information contained within the Permitted Principal Use Table 1113-1, and the Permitted Accessory Use Table 1113-2 which identifies where and how uses are permitted within the base zoning districts.

(a) [P] Permitted Uses. A "P" indicates that a use is permitted by right, subject to compliance with all other applicable regulations of this Zoning Ordinance.

(b) [C] Conditional Permitted Uses. A "C" indicates that a use is allowed only if reviewed and approved in accordance with the Conditional Use procedures of Chapter 1161 "Conditional Use Review."

(c) Not Allowed. A blank cell (one with a "-" and does not contain a "P" or "C") indicates that the listed use is not allowed in the respective zoning district.

(d) Use Standards. The existence of use standards for a use category is noted two ways:

(1) By a bracketed table note reference "[x]" within the table cell containing the "P" or "C." Unless otherwise noted uses are also subject to other applicable regulations of this Zoning Ordinance, and/or

(2) Uses may be subject to additional use-specific standards as identified in the last column of Table 1113-1 and Table 1113-2. Unless otherwise noted uses are also subject to other applicable regulations of this Zoning Ordinance.

(Ord. 30-22. Passed 12-12-22.)

1113.03 UNLISTED USES.

When a proposed land use is not explicitly listed in the Permitted Principal Use or Permitted Accessory Use Tables, the Board of Zoning Appeals shall determine whether or not it is included in the definition of a listed use or is so consistent with the size, scale, operating characteristics and external impacts of a listed use that it should be treated as the same use. Any such interpretation shall be binding on future decisions of the Village. If no similar use determination can be made, the Planning Commission or Village Council may then determine if the zoning code should be amended to specifically include the use.

(Ord. 30-22. Passed 12-12-22.)

1113.04 USE CATEGORIES.

The use categories listed in the Permitted Principal Use Table 1113-1 are organized into five major use groups: Agricultural; Residential; Public and Institutional; Commercial; and Industrial. Each major use group is further divided into a series of use categories. Table 1113-2 lists accessory use categories. All of the use categories listed in the tables are defined in Chapter 1171 "Definitions." (Ord. 30-22. Passed 12-12-22.)

1113.05 PERMITTED OR CONDITIONALLY PERMITTED PRINCIPAL AND ACCESSORY USE TABLES.

Table 1113-1: Permitted Principal Use Table

Use

Category

Residential

Business

Industrial

Additional Regulation

R-R

R-1

R-2

R-3

R-4

POB

PBP

Agriculture

Agriculture (raising of crops)

Agriculture (raising of livestock)

Farm

Greenhouse

Nursery (plant materials)

Sec. 1115.21

Residential

Single-family dwelling

C[1]

Two-family dwellings

C[1]

Multi-family dwellings

Sec. 1115.20

Manufactured Home Park

Ch. 1117

Cluster Subdivision

Ch. 1123

Group Liviing

Adult family homes or Small residential facilities

Sec. 1115.05

Adult group homes or large residential facilities

Sec. 1115.06

Nursing Home or Institutional care facilities

Sec. 1115.22

Table 1113-1: Permitted Principal Use Table

Use

Category

Residential

Business

Industrial

Additional Regulation

R-R

R-1

R-2

R-3

R-4

POB

PBP

Public and Institutional Uses

Cemeteries

Sec. 1115.09

Community center, public

P[2]

Cultural institutions

Day Care Center

Type A family day care home

Sec. 1115.12

Type B family day care home

Day care center (child or adult)

C[3]

Sec. 1115.12

Educational institutions (K-12)

P[2]

Educational institutions, higher

Essential services

Government facilities

Government offices

Library

Parks and playgrounds

P[2]

Sec. 1115.27

Places of worship

P[2]

Sec. 1115.28

Wireless telecommunication facilities-

Sec. 1115.38

Commercial

Adult entertainment businesses

Sec. 1115.04

Animal day care/animal grooming

P[4]

Bicycle shop

P[5]

Table 1113-1: Permitted Principal Use Table

Use

Category

Residential

Business

Industrial

Additional Regulation

R-R

R-1

R-2

R-3

R-4

POB

PBP

Building trades and services

Business and professional offices

P[5]

Business service establishments

Commercial entertainment facilities

Conference center and assembly halls

Drug Stores

P[5]

Eating and drinking establishments

Bar, tavern, cocktail lounge

Café, doughnut, and sandwich shops

C[5]

Craft or artisanal production of beer, liquor, or wine

Sec. 1115.11

Drive-in/drive-through restaurants

Restaurants (no drive-in/drive-through)

C[6]

Financial Institutions

Drive-through banks

Financial institutions

Food and Beverage Retail Sales

Farmers’ Market

Food preparation/specialty foods

P[5]

Grocery and convenience stores

P[5]

Table 1113-1: Permitted Principal Use Table

Use

Category

Residential

Business

Industrial

Additional Regulation

R-R

R-1

R-2

R-3

R-4

POB

PBP

Supermarkets

Food pantries

C[3]

P[5]

Food lockers

Funeral home

Sec. 1115.16

Garden and nursery center

Laundry, Cleaning and Garment Services

P[5]

Liquor Store

Lodging

Bed and breakfast inns

Sec. 1115.07

Motels, hotels and apartment hotels

C[1]

Lumber yards/building materials, sale or storage

C[7]

Medical or dental clinics/offices

Monument sales

P[8]

Personal service establishments

P[5]

Radio and television studios

P[5]

Recreational facilities

Recreational facility, commercial

P[9]

Table 1113-1: Permitted Principal Use Table

Use

Category

Residential

Business

Industrial

Additional Regulation

R-R

R-1

R-2

R-3

R-4

POB

PBP

Golf courses

P[2]

Sec. 1115.17

Clubs, (social, fraternal or athletic)

Retail Commercial Uses

P[5]

Vehicle Sales and SErvice

Vehicle service stations

Sec. 1115.36

Vehicle service stations and convenience stores combined

Sec. 1115.36

Vehicle and Equipment Sales

Vehicle repair shop

Sec. 1115.35

Car wash facilities (automatic and self-service)

Sec. 1115.08

Veterinary offices/hospital or kennels

Sec. 1115.37

Industrial

Laundries, dry cleaning and dyeing plants

Manufacturing, heavy or outdoors

Manufacturing, light

Manufacturing, limited

Moving and storage companies

Recycling collection/processing facilities

Research laboratories and facilities

C[5]

Table 1113-1: Permitted Principal Use Table

Use

Category

Residential

Business

Industrial

Additional Regulation

R-R

R-1

R-2

R-3

R-4

POB

PBP

Self-service storage facilities

Sec. 1115.31

Warehouse

Wholesale Sales and Distribution Centers (indoors)

Wholesale Sales and Distribution Centers (outdoors)

Notes:

[1] Only located on the second or higher floor of any building in the CB district, except that first floor dwellings and first floor motel, hotel, or apartments may be located on the north side of Clinton Street between Maple and Toledo Streets.

[2] Provided any principal building or activity areas shall be located not less than fifty (50) feet from any other lot in any R district.

[3] When an accessory use to an existing institution or public community center. Examples are a school or place of worship.

[4] With no overnight boarding or outdoor areas.

[5] Not exceeding 5,000 square feet of floor area.

[6] Cafeterias or restaurants specifically designed and primarily intended for use by employees and managements of uses permitted in the Planned Business Park District, but not necessarily exclusively for their use

[7] Excluding concrete, asphalt or unfinished mixed products.

[8] Provided cutting is done in an enclosed building.

[9] Provided that the building used for such purpose is at least 100 feet from any residential district.

Table 1113-2: Permitted Accessory Use Table

Use

Category

Residential

Business

Industrial

Additional Regulation

R-R

R-1

R-2

R-3

R-4

POB

PBP

Accessory buildings and uses

P[1]

Sec. 1115.02

Accessory dwelling unit

Sec. 1115.03

Community Gardens

Sec. 1115.10

Drop-Off Boes

Sec. 1115.13

Electric Vehicle (EV) Charging station

Sec. 1115.14

Fences, Hedges, and walls

P[1]

Sec. 1115.15

Home occupations

Sec. 1115.18

Keeping of Livestock, Chickens, Bees and Exotic Animals

Sec. 1115.19

Outdoor Bulk Storage

Sec. 1115.23

Outdoor Dining Area

Sec. 1115.24

Outdoor Sales

Sec. 1115.25

Outdoor Wood Furnace

Sec. 1115.26

Private Swimming Pools

P[1[

Sec. 1115.29

Roadside Stands

Sec. 1115.30

Small Wind Energy Systems

Sec. 1115.32

Solar panels

Sec. 1115.22

Footnotes

[1] See Section 1117.05 "Additional Accessory Use Regulations"

1113.06 PROHIBITED USES IN ALL ZONING DISTRICTS.

(a) Uses not specifically listed or interpreted by the Board of Zoning Appeals to be included categorically under this chapter shall not be permitted, except by action of the Planning Commission and Village Council in accordance with Chapter 1159 "Zoning Text and Map Amendments."

(b) Medical Marijuana. Pursuant to the authority set forth in Ohio R.C. Section 3796.29, medical marijuana cultivation, processing, and retail dispensaries as licensed and defined under Ohio R.C. Chapter 3796 shall not be permitted in any zoning district in the Village.

(Ord. 30-22. Passed 12-12-22.)

1115.01 PURPOSE.

This chapter provides use specific standards for certain land uses separate from any standard that applies to development within the applicable zoning district.

(Ord. 30-22. Passed 12-12-22.)

1115.02 ACCESSORY BUILDINGS AND STRUCTURES.

(a) General Limitation on all Accessory Structures.

(1) Accessory uses and structures may not exist before a permitted primary use of the land is in operation, or after a permitted primary use of the land has ended, unless otherwise stated in this Zoning Ordinance.

(2) Unless otherwise stated in this Zoning Ordinance accessory buildings and structures shall not be located in any front yard.

(b) One Story Garages or Other Accessory Buildings.

(1) Setback. Unless otherwise stated in this Zoning Ordinance in residential or business districts one-story detached garages or other accessory buildings may be located a minimum of five (5) feet from side and rear property lines and a minimum of ten (10) feet to the back of the principal building.

(2) Size. Such accessory building may occupy the equivalent of two-thirds (2/3) of the living space of the residential principal dwelling or two-thirds (2/3) of the ground floor area of a commercial principal building, but shall not exceed 850 square feet.

(3) Height. Accessory buildings shall not exceed a height of twenty (20) feet.

(1) Play equipment including swing sets, and trampolines, and outdoor fire pits are permitted in the side or rear yards and do not require a permit.

(2) Birdbaths, basketball hoops, fountains, flagpoles, and statues are permitted in any yard and do not require a permit.

(d) Attached Garages. A private garage, carport, or similar structure, which is attached to the principal building, shall be considered structurally a part thereof and shall comply in all respects with the requirements applicable to the principal building.

(e) Prohibited Structures for Accessory Uses. Except as provided in this Zoning Ordinance, the use of inflatable garages or storage structures, portable carports or garages that are not permanently anchored into a foundation, portable containers, shipping containers, and semi-tractor trailers used for storage (with or without wheels) shall not be used as permanent accessory structures in any zoning district.

(Ord. 30-22. Passed 12-12-22.)

1115.03 ACCESSORY DWELLING UNITS.

An accessory dwelling unit is subordinate to a detached single-family dwelling and shall meet the following requirements:

(a) An accessory dwelling unit may only be created within or attached to an existing single-family dwelling unit or in a detached accessory building, such as a garage, that is located on the same lot as the single family dwelling.

(b) Mobile homes, recreational vehicles, and travel trailers shall not be used as accessory dwelling units.

(c) The gross floor area associated with an accessory dwelling unit shall be at least 400 square feet, but shall not exceed fifty percent (50%) of the gross floor area of the principal dwelling unit, or 850 square feet, whichever is less.

(d) There shall be no more than one (1) accessory dwelling unit on a lot.

(e) Each accessory dwelling unit shall have an entrance separate from the primary dwelling.

(f) At least one (1) off-street parking space shall be provided for an accessory dwelling unit in addition to the required off-street parking serving the principal use.

(g) In order to maintain the architectural design, style, appearance, and character of the main building as a single-family residence, the accessory dwelling unit shall have a roof pitch, siding, and window proportions identical to that of the principal dwelling.

(h) No exterior stairway to the second floor is permitted at the front or side of the building.

(i) Accessory dwelling units shall only be permitted where the property owner resides on the same lot.

(Ord. 30-22. Passed 12-12-22.)

1115.04 ADULT ENTERTAINMENT BUSINESS.

(a) Purpose. The purpose of this section is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of this section to regulate adult entertainment businesses, as defined in Chapter 1171 "Definitions" in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishments of such businesses within close proximity to existing adult entertainment businesses, residentially zoned areas, schools, places of worship, parks and playgrounds within the Village.

(b) Conditional Use Permit Required. No building shall be erected, constructed, or developed, and no building or premises shall be reconstructed, remodeled, arranged for use or used for any adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with the provisions of Chapter 1161 "Conditional Use Review."

(c) Conditional Use Criteria. An adult entertainment business shall comply with the following additional conditional use criteria:

(1) Adult entertainment businesses shall comply with the district regulations applicable to all properties in any district in which they are located.

(2) No adult entertainment business shall be permitted in a location which is within 500 feet of another adult entertainment business.

(3) No adult entertainment business shall be permitted in a location which is within 300 feet of any place of worship, any school, any park, any playground, or any social services facility or neighborhood center.

(4) No adult entertainment business shall be permitted in a location which is within 300 feet of any residence or boundary of any residential district.

(5) No adult entertainment business shall be permitted in a location which is within 200 feet of any boundary of any residential district in a local unit of government abutting the Village.

(d) Zoning Of Adult Entertainment Business. Adult entertainment businesses shall be conditionally permitted in the Heavy Industrial (HI) district.

(e) View Of Interior. All building openings, entries, windows, etc., for these facilities or uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.

(f) Equipment Use. No screens, loudspeakers or sound equipment shall be used for any adult motion picture theaters (enclosed or drive in) that can be seen or discerned by the public from public or semi-public areas.

(g) Parking Facilities. Off-street parking shall be provided as required in accordance with Chapter 1139 "Parking, Access and Mobility."

(h) Required Lot Area. When located on an existing lot, the lot area shall be not less than three-fourths (3/4) acre and the lot width shall be at least 100 feet. New lots shall conform to the underlying zoning district minimum lot size.

(i) Building Height Limit. No building or structure shall be erected to a height in excess of thirty-five (35) feet.

(j) Yards Required. The following yard requirements shall apply:

(1) Front Yard. Setback of seventy-five (75) feet from the road right-of-way line. A fifteen (15) foot deep obstructed open buffer strip shall be provided next to the right-of-way and parking in this strip shall be prohibited.

(2) Rear Yard. Forty (40) feet.

(3) Side Yards. Minimum side: Twelve (12) feet on both sides. Abutting a side street: forty (40) feet.

(k) Accessways. Each lot shall have not more than two (2) accessways to any street or highway with forty-five (45) feet separation between centerlines. The width of the access way leading to or from a highway shall be not less than twenty (20) feet nor shall it exceed thirty-six (36) feet.

(l) Percentage Of Lot Coverage. All buildings, including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot.

(m) Permitted Signs. The provisions of Chapter 1141 "Signs" shall apply.

(n) Certificate Of Compliance. The provisions of Section 1155.08 "Certificate of Compliance" shall be in full force and effect.

(o) Screening Requirements. In addition to the provisions of Chapter 1137 "Landscaping and Screening," a fifteen (15) foot deep obstructed open buffer strip shall be provided next to the right-of-way and parking in this strip shall be prohibited.

(p) Nonconforming Status. An adult entertainment business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of any use or zoning district identified in Section 1115.04(c) "Conditional Use Criteria."

(Ord. 30-22. Passed 12-12-22.)

1115.05 ADULT FAMILY HOMES OR SMALL RESIDENTIAL FACILITIES.

The residential character of all structures shall be maintained.

(Ord. 30-22. Passed 12-12-22.)

1115.06 ADULT GROUP HOMES OR LARGE RESIDENTIAL FACILITIES.

(a) The minimum lot area shall be 30,000 square feet.

(b) All structures and activity areas, except off-street parking, shall be set back a minimum of thirty-five (35) feet from all lot lines.

(c) Each individual home shall have a person or persons maintaining permanent residence in the unit to avoid shift changes and to provide the same type of use and activities otherwise typical of residences in the area.

(d) In order to prevent the creation of a de facto social service district and to avoid impacting a residential block or neighborhood, no more than one adult group home within a 500 foot radius of another group home.

(e) The residential character of all structures shall be maintained.

(f) An adult group home shall not be permitted to be constructed or operated until the agency, organization, or institute supervising such home satisfies the Board of Zoning Appeals that the home and its operation will comply with all licensing or certification requirements of the appropriate state or local agency, pursuant to law.

(g) No exterior sign shall be permitted except as specifically allowed by the Board of Zoning Appeals.

(h) A conditional use shall be granted for a specific type of group home. The type of home shall be defined as and by the specific nature of the individuals being treated or rehabilitated. Any change in the type of adult group home shall require a new conditional use permit.

(Ord. 30-22. Passed 12-12-22.)

1115.07 BED AND BREAKFAST INNS.

Conditions for Bed and Breakfast Inns:

(a) The Inn must be owner operated and be the principal residence of the owner and occupied by the owner.

(b) One (1) individual not residing in the Inn may be employed in the operation of the Inn.

(d) Each room rented shall contain a minimum of one hundred (100) square feet. No rented room shall have independent outside entrance (emergency fire exits are permitted).

(e) Neither any rented room nor the owner's dwelling space shall be located in an accessory structure.

(f) No cooking facilities of any type shall be permitted in the rented rooms.

(g) Parking areas for rented rooms shall be located behind the bed and breakfast establishment. A minimum of one (1) on-site parking space per room offered for rent and two (2) spaces for the owner shall be required.

(h) The home shall not change its residential appearance.

One sign not exceeding four (4) feet in area shall be permitted identifying the dwelling as a "Bed and Breakfast Inn."

(Ord. 30-22. Passed 12-12-22.)

1115.08 CAR WASH FACILITIES.

General conditions for automatic car wash and self- served coin operated facility:

(a) All car wash facilities shall be subject to the vehicle stacking space requirements of Section 1139.14 "Drive Through Stacking Space Requirements."

(b) Setbacks:

(1) The building shall be a minimum of forty (40) feet from the side lot line.

(2) Such use, including any outside vacuuming and/or detailing areas, shall be located at least one hundred (100) feet from any lot used residentially.

(c) Each lot for an automatic car wash and polishing establishment shall contain a minimum frontage of one hundred twenty-five (125) feet.

(d) Such waste-water shall be handled according to accepted County Health Board practices.

(e) Retail sales of related commercial products shall be permitted.

(f) Vehicle service work shall not be permitted.

(g) Car washing services shall be performed wholly within a totally enclosed building, with the exception that finishing of vehicles may be conducted outside the building.

(h) Car washing facilities when located adjacent to a residential area shall be used only during the hours of 7:00 a.m. to 10:00 p.m.

(Ord. 30-22. Passed 12-12-22.)

1115.09 CEMETERIES.

(a) Minimum site size: ten (10) acres.

(b) All burial buildings or accessory buildings shall be setback at least seventy- five (75) feet from any street right-of-way bounding the cemetery. There shall be two (2) side yards and a rear yard of at least fifty (50) feet each.

(c) All graves or burial lots shall be setback at least forty (40) feet from any street right-of-way bounding the cemetery and at least forty (40) feet from the side and year yards.

(d) A minimum of two (2) points of entry at least two hundred (200) feet between centerlines shall be required.

(Ord. 30-22. Passed 12-12-22.)

1115.10 COMMUNITY GARDENS.

Community gardens are subject to the following standards:

(a) Community gardens are permitted in any yard except within the required front yard.

(b) The owner of the property shall have an established set of operating rules addressing the governance structure of the garden; hours of operation; maintenance and security requirements and responsibilities; and distribution of garden plots.

(c) The name and telephone number of the owner and any person designated as the person in-charge of the garden coordination along with a copy of the operating rules shall be kept on file with the Zoning Administrator.

(d) The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.

(e) There shall be no retail sales on site, except for produce grown on the site.

(f) Benches, bike racks, raised/accessible planting beds, picnic tables, garden art, and rain barrel systems are permitted.

(g) The community garden may include one storage shed and one farm market per lot (not per individual garden plot) for the purposes of communal storage and/or communal sales of produce that is grown on-site.

(h) Fences and walls shall be subject to the provisions of Section 1115.15 "Fences, Hedges, and Walls."

(Ord. 30-22. Passed 12-12-22.)

1115.11 CRAFT OR ARTISANAL PRODUCTION OF BEER, LIQUOR, OR WINE.

(a) Within each zoning district where permitted no more than one (1) establishment shall be a permitted use for beer production, and no more than one establishment shall be a permitted use for liquor production, and no more than one establishment shall be a permitted use for wine production.

(b) Craft or artisanal production of beer liquor, or wine may be allowed in additional establishments subject to such conditions as the Board of Zoning Appeals imposes under the review procedures of Section 1163.02 "Variances."

(Ord. 30-22. Passed 12-12-22.)

1115.12 DAY CARE CENTERS AND TYPE A FAMILY DAY-CARE HOMES.

(a) Outdoor playgrounds, tot lots, exercise areas, etc., shall be fully enclosed by a fence, the height and design which shall be approved by the Board of Zoning Appeals.

(b) The applicant shall submit a parking and traffic circulation plan to the Board of Zoning Appeals for approval. The design, location, and surface of the parking areas and vehicular approaches shall be subject to approval by the Board of Zoning Appeals so as to reduce congestion, promote safety, and reduce the impact on the residential character of the neighborhood. The plan shall provide for the separation of incoming and outgoing vehicles during high volume periods and shall provide a safe drop off point for children that will not impede other traffic.

(d) A Day-Care Center may be for either children or adults.

(Ord. 30-22. Passed 12-12-22.)

1115.13 DROP-OFF BOXES.

Drop-off boxes, donation boxes, and dumpster style recycling collection containers for public use are permitted in accordance with the following standards:

(a) A drop-off box may be located in any yard area, but shall not be located in any area that is required to be landscaped. No more than two (2) drop-off boxes shall be clustered together in any one location.

(b) Drop-off boxes must be placed on a hard surface and located outside of driveways and parking spaces required in conformance with Chapter 1139 "Parking, Access and Mobility."

(c) Drop-off boxes must either be enclosed per the requirements of Section 1137.11 "Screening for Dumpster/Trash Area," or kept in a clean, new appearing condition.

(d) Drop-off boxes that result in the overflow of material shall be declared a nuisance and shall be removed immediately upon notification by the Zoning Administrator at the expense of the property owner or business owner.

(e) The Village, Township, or County shall have the authority to place more than two (2) drop-off boxes on a single lot when providing recycling services to the general public. (Ord. 30-22. Passed 12-12-22.)

1115.14 ELECTRIC VEHICLE (EV) CHARGING STATIONS.

(a) Applicability.

(1) Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking garage or in on-street parking spaces shall comply with the standards in this section.

(2) Due to the fact the technology associated with electric vehicles, batteries and electric vehicle charging stations is relatively new and is anticipated to change, and that there is a lack of municipal experience on consumer and community preferences and attitudes with regard to electric vehicles, the Zoning Administrator may authorize variations from these standards, so long as the intent and goal of the standards and this section are addressed.

(b) Reserved Parking. Except when located in conjunction with single- and two- family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only.

(c) Service Fees. The property owner is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to residents, employees and visitors to the property. Collection of charging station fees shall not affect the zoning land use classification of properties where electric vehicle charging stations are installed as accessory uses. See Section 1115.36 "Vehicle Service Stations," for electric vehicle charging stations as a primary use.

(d) Signage. Each electric vehicle charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes. Signage shall include items contained in subsection 1115.14(f) "Signage Notification." Way finding signs conveniently located to guide motorists to the charging stations are permitted with approval of the Zoning Administrator.

(e) Equipment Standards. Equipment for electric vehicle charging stations shall comply with the following standards:

(1) Installation shall meet applicable electric code.

(2) Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging station shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.

(3) Charging station outlets and connector shall be no less than thirty-six (36) inches or no higher than forty-eight (48) inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.

(4) Equipment shall be protected by wheel stops or concrete-filled bollards.

(f) Signage Notification. The following information shall be posted at all electric vehicle charging stations:

(1) Voltage and amperage levels;

(2) Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;

(3) Usage fees;

(4) Safety information;

(5) Contact information for reporting when the equipment is not operating or other problems.

(g) Calculation for Required Parking. See Subsection 1139.04(a)(6) "Electric Vehicle Charging Station Spaces."

(Ord. 30-22. Passed 12-12-22.)

1115.15 FENCES, HEDGES AND WALLS.

(a) Height. Fences, hedges and walls may be constructed to:

(1) A maximum height of six (6) feet in any required side or rear yard beginning at the building lot line; and

(2) To a height of three (3) feet in any required yard abutting a street.

(b) General Requirements.

(1) All fences, walls, and hedges shall be subject to the visibility requirements of Section 1131.06 "View Clearance."

(2) The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two similarly finished sides, either side may face the adjacent property.

(3) Fences, walls, and hedges shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or storm water drainage in any zoning district.

(4) All fences, walls, and hedges shall be maintained in a neat and orderly manner.

(1) Fences and walls shall be constructed of stone, brick, finished wood, iron, metal, or synthetic look-alike products.

(2) No fence shall be composed of scrap materials, tires, canvas, cardboard, asphalt-style shingles, or corrugated metal, welded rolled wire, chicken wire, or sheet metal, with the following exceptions:

A. Metal, welded and woven wire, shall be allowed in the R-R district to fence in farm animals and protect crops.

B. Wire mesh, chicken wire, and welded wire shall be allowed as a backing material for split-rail fences.

(3) Injurious materials, such as barbed wire, razor ribbon, electric fences, or spike fences, are not permitted in any zoning district, unless the same are used to protect a public facility, and then the same shall not be lower than six (6) feet.

(d) Temporary Fences. Temporary fences such as construction site fences and snow fences shall be allowed subject to Building Code requirements.

(e) Measurement. Fence height is measured to include the body of the fence, plus allowing a maximum of six (6) inches (on average between posts) above the natural grade (i.e., for drainage purposes). Fence posts are permitted to extend a maximum of twelve (12) inches above the body of the fence.

(Ord. 30-22. Passed 12-12-22.)

1115.16 FUNERAL HOMES.

(a) Minimum site size shall be one (1) acre with a minimum width of one hundred fifty (150) feet.

(b) The proposed site shall front upon a primary thoroughfare. The ingress and egress to the site shall be directly from such thoroughfare.

(c) No more than thirty percent (30%) of the gross site area shall be covered by buildings, including accessory buildings.

(d) All signs shall conform to the requirements set forth in Chapter 1141 "Signs."

(e) Off-street parking shall be provided in conformance with the schedule outlined in Chapter 1139 "Parking, Access, and Mobility." Adequate off-street assembly area for vehicles used in funeral processions shall be provided in addition to any required off-street parking area. Parking and assembly areas shall be screened from surrounding residential areas according to Chapter 1137 "Landscaping and Screening."

(Ord. 30-22. Passed 12-12-22.)

1115.17 GOLF COURSES.

(a) The site shall contain a minimum of seventy-five (75) acres for a nine (9) hole golf course and one hundred fifty (150) acres for an eighteen (18) hole golf course.

(b) All principal and accessory buildings shall be located not less than one hundred (100) feet from the road right-of-way, and not less than two hundred (200) feet from any property line of abutting residential zoned property.

(d) In addition to the sign code regulations in Chapter 1141 "Signs," no signs shall be greater than three (3) feet in height and shall be located at least twenty (20) feet from all road rights-of-way and seventy-five (75) feet from any abutting residential property lines.

(e) All parking areas shall be located not less than seventy-five (75) feet from any residential district and fifty (50) feet from the road right-of-way side line.

(f) All access drives shall be a minimum of twenty (20) feet in width and constructed of a hard-surfaced material.

(g) Pro-shops and sale of goods incidental to principal use shall be permitted.

(h) Fencing: a minimum of six (6) feet in height shall be provided around all recreation areas (tennis courts, swimming pools and shuffle board courts), thereby permitting access only to members or users of the golf course.

(Ord. 30-22. Passed 12-12-22.)

1115.18 HOME OCCUPATIONS.

(a) Standards. The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by this section.

(1) No person is employed other than residents of such dwelling;

(2) Such occupation is conducted wholly within the dwelling or an accessory building;

(3) Floor area devoted to such occupation does not exceed twenty-five (25) percent of the area of the ground floor of the dwelling;

(4) Such use is not objectionable due to noise, hours of operation, hazards, or noxious processes;

(5) There is neither regular nor frequent traffic to the property by the public for business or professional purposes;

(6) There shall be no exterior sign, except as permitted in Chapter 1141 "Signs;" and

(7) There shall be no exterior display, no exterior storage of materials, and no other exterior indication of the Home Occupation or variation from the residential character of the principal building.

(b) Exemption. Home offices within a principal dwelling or attached garage which is carried on by a resident of that dwelling, and which involves no signs, public access, on premises sales, on premises client visits, outdoor storage or displays are not subject to this section.

(Ord. 30-22. Passed 12-12-22.)

1115.19 KEEPING OF LIVESTOCK, CHICKENS, BEES AND EXOTIC ANIMALS.

The keeping of livestock, chickens, bees and exotic animals shall be permitted as an accessory use provided the requirements of Chapter 505 "Animals and Fowl" of the General Offenses Code of the Village of Elmore are met and the following restrictions:

(a) Livestock. Property owners are permitted to raise and keep livestock on farms in the R-R district of five (5) acres or more in size without complying with the requirements of this section.

(b) Chickens, Ducks, Rabbits and Similar Small Livestock. The keeping of chickens, ducks, rabbits and similar small livestock animals, and cages, coops, and enclosures for the keeping of such animals, shall be governed by the following regulations:

(1) Number. No more than one (1) such animal shall be kept on a parcel of land for each eight hundred (800) square feet of parcel or lot area. For a residential lot of 7,200 square feet, this regulation would permit no more than a total of nine (9) such animals.

(2) Setbacks. The coops or cages housing such animals may not be located in front yard or side yard areas and shall not be located within ten (10) feet of a side yard line or of a rear yard line and a minimum of twenty-five (25) feet from any residential structure on an adjoining lot. No animals shall be kept in required front yard or side street yard areas.

(3) Prohibitions. No roosters, geese or turkeys may be kept in a residential district except on a parcel that is at least one (1) acre in area and only if the coop or cage housing the bird(s) is at least one hundred (100) feet from all property lines. For parcels greater than one (1) acre in area, one (1) additional such bird may be kept for each 24,000 square feet in excess of one (1) acre. No predatory birds may be kept on any property under the regulations of this section.

(1) Setbacks. No beehive shall be kept closer than ten (10) feet to any lot line and no beehive shall be kept in a required front yard or side yard

(2) Post Certificate. All beekeeping shall be in compliance with Ohio R.C. Chapter 909 "Apiaries," and all other applicable State of Ohio rules and regulations. Property owners keeping bees must post a copy of their certificate of registration from the Ohio Department of Agriculture on or near the hives.

(d) Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property.

(e) Animal or Bird Noise. It shall be unlawful for any person or other party operating or occupying any building or premises to keep or allow to be kept any animal or bird that makes noise so as to habitually disturb the peace and quiet of any person in the vicinity of the premises.

(f) Slaughtering of Animals. Chickens, ducks, rabbits and similar small animals may be slaughtered on site only if for use by the occupants of the premises and not for sale. No other farm animal may be slaughtered on site.

(g) Exotic Animals. The raising or keeping of exotic animals shall be prohibited as defined in Chapter 1171 "Definitions."

(Ord. 30-22. Passed 12-12-22.)

1115.20 MULTI-FAMILY DWELLINGS.

(a) Minimum Floor Area Per Dwelling. The units shall meet the minimum floor area requirements in Section 1131.10 "Dwelling Floor Area Requirements."

(b) Building Design Standards. Multi-family developments shall meet the building design standards established in Section 1135.04 "Building Design Standards for Multi-Family Dwellings."

(c) Landscape Design Standards. Multi-family developments shall meet the landscaping requirements established in Section 1137.09 "Multi-family Landscape Requirements,"

(d) Accessory Structures. All accessory structures not attached to the principal structures shall be set back twenty (20) feet from the principal building and not less than ten (10) feet from any alley or street or five (5) feet from the rear lot line, whichever is greater.

(e) Minimum Livable Open Space.

(1) A minimum of forty five percent (45%) of the gross land area shall be livable open space for the use and enjoyment of the residents of the project.

(2) Livable open space is the minimum required non-vehicular open space unobstructed to the sky, generally in lawn and forested areas (including required yard areas that are left as lawn areas) or paved areas for recreation. The minimum recreation space performance standard listed for this district shall be included as a part of the livable open space. No parking spaces, loading areas or access drives can be included as part of the livable open space to be provided on the lot.

(f) Minimum Recreation Space.

(1) A minimum of ten percent (10%) of the gross land area shall be usable recreation space. The recreation space shall be counted as a part of required livable open space.

(2) The recreation space can include open space for both passive and active recreation. Passive recreation facilities might include common sitting areas in the form of sundecks or garden areas. Active recreation areas may include swimming pools, tennis courts, shuffle board courts, playground and playfields, or tot lots.

(g) Distance Between Buildings on the Same Lot. No principal building shall be closer to any other principal building than the average of the heights of such buildings.

(h) Multi-family Dwellings in the CB Districts. Multi-family dwellings in the Central Business (CB) district shall meet all requirements of the CB district and all other sections of this Zoning Ordinance applicable to multi-family dwellings except as modified by the following provisions:

(1) The maximum density in the CB District shall be as shown in Section 1131.11 "Site Development Standards for Business and Industrial Districts," Table 1131-3.

(2) The livable open space in subsection (e) above shall not be required.

(3) Landscape design standards may be modified as necessary within the CB district during site plan review.

(4) No distance between buildings on the same lot except as may be required in the CB District.

(Ord. 30-22. Passed 12-12-22.)

1115.21 NURSERY (PLANT MATERIALS).

Conditions for Plant Materials Nursery:

(a) Minimum site size shall be five (5) acres.

(b) Any building or accessory structures shall be setback ten (10) feet from any road right-of-way side line and seventy-five (75) feet from all other property lines.

(Ord. 30-22. Passed 12-12-22.)

1115.22 NURSING HOME OR INSTITUTIONAL CARE FACILITIES.

(a) The building shall be set back a minimum of forty (40) feet from all side and rear lot lines.

(b) All parking areas shall be set back a minimum of ten (10) feet from all side and rear lot lines.

(d) New uses shall be on a lot with primary vehicular access on a primary through route or primary local street without going through a residential neighborhood to minimize the impact on less intense residential uses.

(Ord. 30-22. Passed 12-12-22.)

1115.23 OUTDOOR BULK STORAGE.

Outdoor bulk storage areas may be permitted, as an accessory use in allowed districts, where such storage areas comply with the following standards:

(a) Outdoor bulk storage shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways. All materials shall be stored in such a fashion as to be accessible to firefighting equipment at all times.

(b) Outdoor bulk storage shall comply with all applicable state and federal regulations.

(c) Outdoor bulk storage areas are located in the side or rear yard. In no case shall the outdoor storage of goods be permitted between a principal building and a street without the approval of the Board of Zoning Appeals.

(d) Storage of any goods or materials shall not exceed six (6) feet in height unless the storage is fully screened by a six (6) foot high opaque screen that is architecturally compatible with the principal structure in material type and color. Said height may be increased to eight (8) feet in industrial districts.

(e) The use of banners, pennants, strings of pennants, or similar decoration shall not be included in outdoor bulk storage.

(f) In all cases, any areas designated for outdoor storage areas shall be set back a minimum of fifty (50) feet from any adjacent residential lot.

(Ord. 30-22. Passed 12-12-22.)

1115.24 OUTDOOR DINING AREA.

Any accessory dining area shall leave an unobstructed passageway at least five (5) feet wide along each public sidewalk and to/from the primary pedestrian entryway to the building.

(Ord. 30-22. Passed 12-12-22.)

1115.25 OUTDOOR SALES.

Temporary and permanent facilities for outdoor sales (e.g., garden supply sales, news and flower stands, and similar uses) that are accessory to the principal use may be permitted upon compliance with the following:

(a) Outdoor sales areas may be permitted provided that the merchandise is displayed along the sidewalk or walkway adjacent to the building in the front yard.

(b) Outdoor sales are not permitted in the right-of-way, except for sidewalks in the Central Business (CB) district.

(d) Outdoor sales areas that are not located adjacent to the principal building shall not be located more than twenty (20) feet away from the principal building.

(e) The placement of merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five (5) feet of sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.

(f) Outdoor sales areas may be permitted in the front yard, away from sidewalks and buildings, under the following provisions:

(1) The outdoor sales area shall not reduce the amount of off-street parking spaces provided to a number below the minimum number of required spaces;

(2) No more than 2,400 square feet of the front yard (exclusive of display areas on a sidewalk or walkway) shall be dedicated to outdoor sales; and

(3) Outdoor sales and displays are prohibited on vacant lots unless approved in advance by the Zoning Administrator as a temporary use.

(Ord. 30-22. Passed 12-12-22.)

1115.26 OUTDOOR WOOD FURNACES.

(a) Outdoor furnaces that supply heat to the principal structure are prohibited in any recorded residential subdivision.

(b) Outdoor furnaces shall require a lot area of five (5) acres. The use shall be set back a minimum of 200 feet from any adjacent property line.

(c) Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets, or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas, or propane backup.

(d) Outdoor furnaces shall not include temporary or permanent outdoor fire pits.

(Ord. 30-22. Passed 12-12-22.)

1115.27 PARKS AND PLAYGROUNDS.

Conditions for Parks and Playgrounds:

(a) Setback requirements for all buildings and accessory structures shall be seventy-five (75) feet from side and rear lot lines and one hundred (100) feet from all bordering road rights-of-way.

(b) Setback areas on the site shall be appropriately landscaped to maintain a park like atmosphere.

(Ord. 30-22. Passed 12-12-22.)

1115.28 PLACES OF WORSHIP.

(a) A lot area of one (1) acre per one hundred (100) seating capacity in the sanctuary or main room with a minimum development of two (2) acres shall be provided.

(b) All buildings, including accessory buildings shall be setback a minimum of fifty (50) feet from the side and rear lot lines. Parking areas shall be setback a minimum of twenty (20) feet from the lot lines.

(c) Access to the site shall comply with the driveway spacing standards of Section 1139.18 "Traffic Access Management." In addition, a minimum of two (2) access points at least seventy (70) feet center to center shall be provided for ingress and egress to the off-street parking area. All points of entrance or exit shall be located no closer than one hundred (100) feet from the intersections of any streets.

(Ord. 30-22. Passed 12-12-22.)

1115.29 PRIVATE SWIMMING POOLS.

A private swimming pool shall be allowed only as an accessory use to a residence and in compliance with the following conditions and requirements:

(a) Exclusive Private Uses. The pool is intended and is to be used solely for the enjoyment of the occupants of the principal building(s) of the property on which it is located and their guests.

(b) Distance Requirements. The pool may be located anywhere on the premises except in required front yards, provided it shall not be located closer than ten (10) feet to a property line of the property on which it is located.

(c) Fencing. The property on which the swimming pool is located shall have a wall or fence of not less than four (4) feet in height with a gate and lock as to prevent uncontrolled access by children from the street or from adjacent properties. The swimming pool, if four (4) feet or greater in height, may meet the fencing requirement if the top of the steps is gated and locked or the deck is gated and locked to prevent uncontrolled access by children. In this case, a fence around the property is not required.

(d) Lighting. Any lighting used to illuminate the pool area shall be so arranged as to deflect the light away from the adjoining properties in accordance with Section 1133.03 "Outdoor Lighting."

(e) Permit Required. No person shall construct or install a swimming pool or make any alteration without having first submitted an application and plans to the Zoning Administrator.

(f) Abandonment. Should the owner abandon the pool, he or she shall arrange to remove the depression and return the surface of the ground to its original grade and approximately the same condition as before the pool was constructed, and notify the Zoning Administrator of the abandonment of said pool, so that the inspection of the site may be made, and the records of the permit marked accordingly.

(Ord. 30-22. Passed 12-12-22.)

1115.30 ROADSIDE STANDS.

(a) Roadside stands shall only be permitted as a conditional use in the R-R district for the sale of products grown on the property where such stand is located.

(b) All structures shall be set back a minimum of twenty (20) feet from any right-of-way side line.

(c) Adequate off-street parking shall be provided for a minimum of four (4) vehicles or more as determined by the Board of Zoning Appeals depending on the type and size of operation.

(d) Signs shall be subject to provisions contained in Chapter 1141 "Signs."

(Ord. 30-22. Passed 12-12-22.)

1115.31 SELF-SERVICE STORAGE FACILITY.

(a) Facility limits within the General Business GB district:

(1) A self-service storage building shall not be over twenty (20) feet high measured to the peak and meet the requirements of Chapter 1135 "Building Design Standards."

(2) Provide one or more separate storage spaces of not over 300 square feet each, with individual access for rental to the public for storage of non-hazardous personal goods.

(b) No outside storage shall be permitted except for recreational vehicles or motorized equipment in operable condition.

(c) Any outside storage including boats, trailers, equipment, vehicles and/or vehicles/equipment for rental use shall be screened and shielded from view (in all seasons) of adjacent property or a public right -of-way.

(d) Landscaping and screening in accordance with Chapter 1137 "Landscaping and Screening." (Ord. 30-22. Passed 12-12-22.)

1115.32 SMALL WIND ENERGY SYSTEMS.

This section regulates wind energy systems designed to primarily serve the on-site needs of a home, agriculture, institution, business, or industry.

(a) Small wind energy systems that are attached to a roof or structure are permitted provided that the measurement from the average grade to the tip of the blade of the system does not exceed the maximum height of buildings permitted in the applicable zoning district.

(b) Stand-alone small wind energy systems may be permitted on lots with a minimum lot area of one (1) acre. The pole or supporting structure shall be set back a minimum of fifty (50) feet from any lot line.

(d) The height and location of a stand-alone small wind energy system shall be such that if the system were to collapse it would fall within the boundaries of the subject lot. (Ord. 30-22. Passed 12-12-22.)

1115.33 SOLAR PANELS.

The standards of this section apply to all solar panel energy systems that are accessory to a principal structure.

(a) Freestanding solar panels shall be limited to a maximum height of sixteen (16) feet and shall be located in the rear yard and shall be set back a minimum of ten (10) feet from all lot lines.

(b) The surface area of any freestanding solar panel system, regardless of the mounted angle, shall be calculated as part of the overall allowed lot coverage.

(d) Roof-mounted solar panels that do not face a street shall not exceed more than thirty-six (36) inches in height from the roof plane.

(e) All power transmission lines from a ground-mounted solar energy system to any structure must be located underground.

(Ord. 30-22. Passed 12-12-22.)

1115.34 TEMPORARY USE NOT LISTED.

The Board of Zoning Appeals may issue a zoning permit for a temporary use not listed in Section 1113.05 "Permitted or Conditionally Permitted Principal and Accessory Use Tables," if the Board determines that the duration of the activity will not impose significant adverse impacts on surrounding areas and if the applicant has taken reasonable steps to mitigate or prevent adverse impacts on surrounding properties.

(Ord. 30-22. Passed 12-12-22.)

1115.35 VEHICLE REPAIR SHOPS.

General Conditions for Automobile Repair Garages

(a) Landscaping and screening requirements in accordance with Chapter 1137 "Landscaping and Screening."

(b) Buildings used for such purposes shall not be nearer than seventy five (75) feet from any residential area.

(d) No partially dismantled or junked vehicles shall be stored outside the building on the premises. (Ord. 30-22. Passed 12-12-22.)

1115.36 VEHICLE SERVICE STATIONS.

General Conditions for Vehicle Service Stations:

(a) Site. Minimum of one (1) acre.

(b) Frontage. Minimum frontage on the primary street of one hundred twenty-five (125) feet.

(1) Building Setback: Required minimum setback of one hundred (100) feet from all street right-of-way lines.

(2) Rear Yard: A required minimum of seventy-five (75) feet where the use abuts a residential area or forty (40) feet abutting a non-residential area.

(3) Side Yard: A required minimum of seventy-five (75) feet where the use abuts a residential area or forty (40) feet where abutting a non-residential area.

(d) Canopies.

(1) Canopies shall be set back a minimum of fifteen (15) feet from all lot lines and twenty-five (25) feet from all adjacent residential lot lines.

(2) Canopies shall be designed to be consistent with the building materials and colors of the principal building. An example are canopy support columns in brick, brick base, or other durable materials compatible with the principal building

(e) Driveways. Access to the site shall comply with the driveway spacing standards of Section 1139.18 "Traffic and Access Management" to the fullest extent possible and to the following standards:

(1) There shall be no more than two (2) driveway openings along any frontage. A corner lot should have one driveway per roadway that is placed as far from the intersections as possible.

(2) No driveway or curb cut for a driveway shall be located within ten (10) feet of any adjoining property line.

(3) Any two (2) driveways giving access to a single street shall be separated by a buffer strip with a minimum distance of twenty (20) feet between the edge of the two (2) driveways.

(f) Landscaping and Screening.

(1) A fifteen (15) foot deep unobstructed buffer strip shall be provided next to the right-of-way.

(2) Any unpaved areas of the site shall be landscaped in accordance with Chapter 1137 "Landscaping and Screening," and separated from the paved areas by a curb or other barrier.

(g) Exterior Lighting. Exterior lighting shall be shielded from adjacent properties to prevent possible glare in accordance with Section 1133.03 "Outdoor Lighting." In addition, canopy lighting must be recessed within a canopy and shall not protrude downward beyond the ceiling of the canopy.

(h) Signs. The provisions of Chapter 1141 "Signs," shall apply.

(i) Service Equipment.

(1) Gasoline pump islands, compressed air connections, and other equipment shall be setback a minimum of thirty (30) feet from the right-of-way line.

(2) Hydraulic hoists, pits and all lubrication, washing and repair equipment shall be enclosed within a building.

(j) Repair Work.

(1) No major repair work shall be conducted in a vehicle service station.

(2) Outdoor storage of vehicles under any and all conditions shall be limited to seventy-two (72) hours.

(k) Combined Uses. A vehicle service station may be combined with other uses, such as convenience store, vehicle wash, and/or restaurant; provided all relevant requirements are met and the most restrictive requirements applicable to any single use shall apply. (Ord. 30-22. Passed 12-12-22.)

1115.37 VETERINARY OFFICES/HOSPITAL OR KENNELS.

General Conditions for Veterinary Hospitals or Kennels:

(a) Outdoor Run and Exercise Areas. All riding or exercising of animals shall be conducted solely on the premises. All outside small animal runs or kennels shall be enclosed by a six (6) foot woven chain link fence, maintained in a clean, orderly and sanitary condition and free from any conditions that would menace the health of the animals enclosed therein, the public or constitute a nuisance.

(b) Buildings and Enclosures.

(1) The main building and any buildings housing animals shall be no closer than one hundred (100) feet from any other lot in any district. Enclosed runways and kennels or outside exercise areas shall be no closer than one hundred (100) feet from any property line.

(2) Manure piles shall be disposed of daily in a sanitary, non-odorous condition. Open manure piles shall not be permitted.

(3) The sale of incidental products is permitted.

(Ord. 30-22. Passed 12-12-22.)

1115.38 WIRELESS TELECOMMUNICATIONS FACILITY.

(a) Purpose. Establish standards for the siting of telecommunications towers and antennas.

(b) Applicability. All new wireless telecommunications facilities, collocation of antennas on a single tower, antennas to be attached to existing buildings or structures, or replacement towers to be constructed at the site of a current tower shall be subject to review as conditional use unless specifically exempted within this section.

(1) Wireless telecommunications facilities are a conditional use and may be located as such in Heavy Industrial HI and Light Industrial LI districts contingent upon a number of requirements being met as established throughout this Zoning Ordinance.

(2) Wireless telecommunications facilities may be located, with Council approval, on any Municipally owned land, buildings, or structures. Wireless telecommunications towers located on municipal or government owned land, building or structures will follow the requirements of this section.

(3) Towers and antennae may be approved on or near historic structures and sites only if so concealed as to be substantially invisible. The views of, and vistas from, such structures, and corridors and sites shall not be impaired or diminished by the placement of telecommunications towers and antennae.

(d) Application for Conditional Use. In addition to any other materials required for a conditional use permit application all applicants for a new tower shall submit:

(1) A site plan at scale of not less than one inch is equal to 100 feet indicating all properties, buildings and structures within 300 feet of the proposed tower.

(2) A visual impact demonstrations using photo simulations of the proposed facility as it would be seen from residential areas, public rights of way, and public parks and other sites as deemed appropriate by the Zoning Administrator.

(3) Submission of a landscape plan prepared in compliance with Chapter 1137 "Landscaping and Screening."

(4) Any other information which, in the judgment of the Zoning Administrator may be necessary to provide for the enforcement of this Zoning Ordinance.

(e) Co-location Encouragement.

(1) In all applications for construction of a new facility, the applicant must prove by substantial evidence that a bona fide need exists for the facility and that no reasonable combination of locations, techniques, or technologies will obviate the need. The applicant must further prove that it has made all reasonable efforts to procure antenna space on existing facilities.

(2) The applicant shall sign an instrument, maintained by the village, agreeing to encourage and promote the joint use of telecommunications towers within the village and, to that extent, committing that there shall be no unreasonable act or omission that would have the effect of excluding, obstructing, or delaying joint use of any tower where fair and just market reasonable compensation is offered for such use.

(f) Sole Use on a Lot. Wireless telecommunications facilities may be located as the sole use of a lot if approved as a conditional use subject to the following requirements:

(1) Minimum lot size. The minimum lot size shall be that of the underlying zoning district.

(2) Minimum yard requirements. Towers shall not be located closer than 300 feet to any residentially zoned property.

(3) Maximum height. No tower, including the antenna, shall exceed 250 feet in height.

(g) Combined with Another Use(s). A wireless communications facility may be located on a property as a conditional use with an existing use subject to the following conditions:

(1) Minimum lot area. The minimum leased lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment shelter or supporting facilities, security fencing and buffer plantings.

(2) Minimum yard requirements. Towers shall not be located closer than 300 feet to any residentially zoned property.

(3) Maximum height. No tower, including the antenna, shall exceed 250 feet in height.

(h) Combined with an Existing Structure. An antenna for a wireless telecommunications facility attached to an existing structure or building is subject to a maximum height of twenty (20) feet or twenty percent (20%) of the building or structure height above the existing building or structure, whichever is greater.

(i) Equipment Shelters.

(1) No equipment shed for a telecommunications facility shall exceed 750 square feet in area nor twenty (20) feet in height.

(2) Equipment shelters or support facilities shall meet the minimum setback requirements of the underlying zoning district.

(3) All such sheds shall be screened with vegetation or other aesthetically pleasing materials. Furthermore, all such sheds shall be secured with approved fencing and a locked gate.

(j) Landscaping Buffer. An evergreen screen shall be planted around the perimeter of the security fence that consists of either a hedge, planted three (3) feet on center maximum, or a row of evergreen trees five (5) feet on center maximum. Additional plantings may be required. The applicant shall be responsible for maintaining the approved plantings.

(k) Signs and Light.

(1) No commercial messages nor any other signs beyond safety warnings and an identification sign shall be placed on any tower or facility.

(2) No tower shall be artificially lighted except as required or prescribed by the Federal Aviation Administration (FAA).

(l) Removal. If at any time the use of this facility is discontinued for a period of 180 days, the applicant shall have an additional ninety (90) days to either reactivate the facility or dismantle and remove the facility. In the event that the facility is deactivated or abandoned, the applicant shall provide notification by certified mail to the Zoning Administrator of such event as soon as possible, but in no event later than seven (7) days following such deactivation or abandonment.

(Ord. 30-22. Passed 12-12-22.)

1117.01 INTENT.

Provide a zoning district for manufactured home parks and establish standards governing the location and development of manufactured home parks.

(Ord. 30-22. Passed 12-12-22.)

1117.02 COMPLIANCE WITH OAC.

Applicant shall comply with the requirements of Chapter 4781-12. Manufactured Home Parks, of the Ohio Administrative Code, which is in effect at the time of application and provide evidence of such compliance.

(Ord. 30-22. Passed 12-12-22.)

1117.03 PARK SIZE, UNITS, AND DENSITY.

(a) The minimum park size shall be not less than ten (10) acres.

(b) Provide space for a minimum of fifty (50) units with a variety of lot sizes; and

(Ord. 30-22. Passed 12-12-22.)

1117.04 PERMITTED USES.

For a listing of permitted uses see Chapter 1113 "Permitted Uses."

(Ord. 30-22. Passed 12-12-22.)

1117.05 ADDITIONAL ACCESSORY USES REGULATIONS.

Any accessory use or structure incidental and customary to the operation of the permitted uses and not involving the conduct of any business, trade or industry may be permitted.

(a) Carports may be permitted.

(b) No additions other than factory fabricated additions or accessories, or those approved by the Zoning Administrator shall be added to any manufactured home until a valid permit is issued by the Zoning Administrator.

(c) Permanent private swimming pool, principally for the use of the residents, provided, it shall be not less than twenty (20) feet from the property line of the property on which located and that permits shall be issued therefor by the County Board of Health and the Ohio Environmental Protection Agency. Required plans shall be submitted to the health authorities. Such swimming pool, or the immediate property on which it is located shall be so walled, fenced or screened as to prevent uncontrolled access from the street or adjacent properties.

(Ord. 30-22. Passed 12-12-22.)

1117.06 GENERAL REQUIREMENTS.

(a) Hazardous Conditions. Conditions of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

(b) Soil and Ground Cover Requirements. Exposed ground surfaces in all parts of every manufactured home park shall be paved, or covered with stone screenings, or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

(c) Site Drainage Requirements. The ground surface in all parts of every manufactured home district shall be graded and equipped to drain all surface water in a safe, efficient manner.

(d) Park Areas for Nonresident Uses.

(1) No part of any park shall be used for nonresidential purposes except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.

(2) Nothing in this chapter shall be deemed to prohibit the sale of a manufactured home located on a manufactured home stand and connected to the pertinent utilities.

(e) Required Setbacks, Buffer Strips and Screening for Manufactured Homes. Manufactured homes shall not be permitted to occupy single or full multiple sites if the manufactured homes are either longer or wider than would permit compliance with the following requirements.

(1) The boundaries of the site shall be clearly and permanently designated according to the dimensions and locations shown on the approved site plan.

(2) The space between manufactured homes may be used for parking of motor vehicles if the space is clearly designated and the vehicle is parked at least ten (10) feet from the nearest adjacent site boundary.

(3) There shall be unobstructed open spaces of at least twenty (20) feet between the sides of other buildings and structures and/or sides of adjacent manufactured homes for the full length of their coaches.

(4) Every manufactured home site shall have a front yard of forty (40) feet measured from the nearest point of the manufactured home to the curb line. Also, a rear yard ten (10) feet in depth shall be provided.

(5) Manufactured homes shall not be closer than twenty-two and one-half (22½ ) feet from any building or other trailer within the park or fifty (50) feet from any property line bounding the park.

(6) Each boundary of the manufactured home park must be at least 100 feet from any permanent residential building or any permanently established business or industry located outside the park unless separated therefrom by a natural or artificial barrier satisfactory to the Planning Commission. No manufactured home park shall be located closer to any right-of-way line than 100 feet measured from the street or highway right-of-way line.

(7) The outer boundaries of a manufactured home park shall contain a buffer zone.

(8) This buffer zone shall consist of a greenbelt strip, not less than twenty (20) feet in width, located along all park boundaries not bordering a street. Such greenbelt shall be composed of one row of deciduous and/or evergreen trees of ultimate height of fifteen (15) feet, spaced not more than forty (40) feet apart and not less than three rows of shrubs, spaced not more than eight (8) feet apart and which have grown to a height of three (3) feet or more after one full growing season and which shrubs will eventually grow to a height of not less than eight (8) feet.

(9) An accessory structure which has a horizontal area exceeding twenty-five (25) square feet, for the purpose of all separation requirements, shall be considered part of the manufactured home.

(10) Minimum lot size for each site shall be 5,625 square feet, with minimum dimensions of forty-five (45) feet wide and 125 feet deep.

(f) Manufactured Home Pads and Anchoring.

(1) Each manufactured or mobile home lot shall be provided with a stable base upon which to place the manufactured home in accordance with applicable state codes.

(2) Each manufactured home lot shall be provided with anchors and tie downs for securing the stability of the manufactured home, and shall be attached and used at all times when the lot is occupied in accordance with applicable state codes. (Ord. 30-22. Passed 12-12-22.)

1117.07 REQUIRED RECREATION AREAS.

(a) There shall be one (1) or more recreation areas which shall be easily accessible to all park residents.

(b) The size of such recreation areas shall be not less than eight (8) per cent of the gross manufactured home park area.

(c) Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.

(Ord. 30-22. Passed 12-12-22.)

1117.08 STREET SYSTEM.

(a) General Requirements. All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home lot. Alignment and gradient shall be properly adapted to topography.

(b) Roadways.

(1) All roads and accessways must meet the road specifications of the Village. The proposed layout of such roadways shall be reviewed by the Planning Commission with a recommendation to Village Council. The Commission may procure the assistance of an engineer or other professional for their review. In such case, all costs associated with such review shall be paid by the applicant.

(2) Curbs and gutters shall be required along each side of the roadways.

(1) Every manufactured home site shall abut or face on a clear, unoccupied space, driveway or roadway or street, of not less than twenty-five (25) feet, excluding parking, in width which shall have unobstructed access to a public thoroughfare.

(2) Access to a manufactured home park from an adjacent public street shall be by means of at least two (2) roadways. Additional accesses may be required depending upon the size and design of the manufactured home park.

(3) No manufactured home site shall have direct vehicular access to a public street.

(4) Existing licensed parks having driveways, roadways or streets less than twenty-five (25) feet in width shall not be required to increase the same to the twenty-five (25) foot minimum road width as long as the park is not redesigned or added to. Any additions to the park area must conform to the road specifications of the Village.

(d) Lighting. All streets and access drives shall be illuminated to a minimum intensity of one (1) foot-candle with lights spaced at intervals of not more than 100 feet and shielded from abutting properties. (Ord. 30-22. Passed 12-12-22.)

1117.09 REQUIRED OFF-STREET PARKING AREAS.

Automobile parking spaces shall be provided as follows within each manufactured home park:

(a) Hard surface parking spaces shall be provided for each manufactured home site as follows:

(1) Two (2) spaces per manufactured home shall be located on each manufactured home site. These spaces may be stacked one behind the other.

(2) An additional one-half (½) space per manufactured home shall be located no farther than 200 feet from the manufactured home to be served thereby.

(Ord. 30-22. Passed 12-12-22.)

1117.10 WALKS.

(a) General Requirements. All parks shall be provided with safe, convenient, all-season pedestrian access three (3) feet in width, durable and easy to maintain between individual manufactured homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.

(b) Common Walk System. A common walk system be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of three (3) feet.

(c) Individual Walks. All manufactured home stands shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connected to a paved street. Such individual walks shall have a minimum width of two (2) feet.

(d) Lighting. All common walkways shall be illuminated to a minimum intensity of one (1) foot-candle. (Ord. 30-22. Passed 12-12-22.)

1117.11 UNDERGROUND UTILITY LINES.

Within each manufactured home park all utility lines, including but not limited to electric, telephone, water, gas and cable television shall be installed underground.

(Ord. 30-22. Passed 12-12-22.)

1117.12 UTILITY SERVICE.

At the time a manufactured home park is developed, all utility lines shall be designed and installed in accordance with the regulations and requirements of the respective utility companies involved. Whenever the developer or operator of a manufactured home park intends to charge or does charge an individual occupant of the park a fee for any utility's service, including but not limited to electricity, gas or water, a separate meter for that type of utility for which a charge will be or is made shall be installed at the manufactured home site being serviced and charged.

(Ord. 30-22. Passed 12-12-22.)

1117.13 WATER SUPPLY.

(a) General Requirements. The water supply serving any manufactured home park shall be obtained from a Municipal supply.

(b) Source of Supply.

(1) Plumbing in all manufactured home parks shall comply with all applicable codes or ordinances, plumbing shall meet the requirements of the standards of the State Plumbing Board with respect to layout, materials and workmanship.

(2) Water supply and facilities shall be installed and maintained according to systems and methods approved by the Ohio Environmental Protection Agency and the Village.

(Ord. 30-22. Passed 12-12-22.)

1117.14 SEWAGE DISPOSAL.

(a) General Requirements. An adequate and safe sewerage system shall be provided in all manufactured home parks for conveying and disposing of all sewage. Such a system shall be designed, constructed and maintained in accordance with state and local laws.

(b) Sewer Lines. The methods and facilities for the collection, treatment and disposal of sewage or other water-carried waste shall comply with all applicable ordinances or regulations.

(c) Individual Sewer Connections. Individual sewer connections shall be made between each manufactured home and sewer riser in accordance with the provisions of the "Criteria for Sewer Connections" as established by the Ohio Environmental Protection Agency.

(d) Storm Drains. Storm drains shall be installed to provide adequate drainage and must meet the specifications as set forth by the County Engineer and all applicable codes and regulations. (Ord. 30-22. Passed 12-12-22.)

1117.15 ELECTRICAL DISTRIBUTION SYSTEM.

Every park shall contain an underground electrical wiring system consisting of wiring, fixtures, equipment, and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems. The service entrance shall be installed in accordance with regulations of the power company serving the area.

(Ord. 30-22. Passed 12-12-22.)

1117.16 SERVICE BUILDING AND OTHER COMMUNITY SERVICE FACILITIES.

(a) General. The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities such as:

(1) Management offices; repair shops and storage areas;

(2) Sanitary facilities;

(3) Laundry facilities;

(4) Indoor recreation areas; and

(5) Commercial uses supplying essential goods or services for the exclusive use of park occupants, such as coin-operated vending machines.

(b) Required Community Sanitary Facilities. Every park shall be provided with the following emergency sanitary facilities:

(1) For each 100 manufactured home lots, or fractional part thereof, there shall be one (1) flush toilet and one lavatory for each sex.

(2) No manufactured home park shall have any house trailer not provided with toilet, lavatory and bath plumbing fixtures.

(Ord. 30-22. Passed 12-12-22.)

1117.17 REFUSE HANDLING.

(a) The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

(b) All refuse shall be stored in fly-tight, watertight, rodent-proof, containers, which shall be located not more than 150 feet from any manufactured home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse.

(c) Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.

(d) All refuse containing garbage shall be collected at least once weekly. Where suitable collection service is not available from municipal or private agencies, the manufactured home park operator shall provide this service.

(e) Where municipal or private disposal service is not available, the manufactured home park operator shall dispose of the refuse by transporting to a disposal site approved by the health authority. (Ord. 30-22. Passed 12-12-22.)

1117.18 PEST CONTROL.

(a) Ground, building and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the health authority.

(b) Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.

(c) Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least eighteen (18) inches above the ground.

(d) Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.

(e) The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description; for exception, see buffer zone requirements of Section 1117.06 "General Requirements."

(Ord. 30-22. Passed 12-12-22.)

1117.19 FUEL SUPPLY AND STORAGE.

Where used each manufactured home park site shall have an approved connection to a centralized natural gas or fuel system. The design of this system shall be approved by the appropriate utility. No individual propane, butane, or other type of individual fuel system shall be allowed in a manufactured home park.

(Ord. 30-22. Passed 12-12-22.)

1117.20 FIRE PROTECTION.

(a) Within each manufactured home community, adequate water mains, fire hydrants, gaited connections and other fire prevention and fire safety facilities shall be installed in accordance with the Village's applicable codes.

(b) Standard fire hydrant locations shall be approved by the Village fire authority or other authorities having jurisdiction.

(d) Manufactured home parks shall be kept free of litter, rubbish, and other flammable materials.

(e) Portable fire extinguishers of a type approved by the fire prevention authority shall be kept in service buildings and at all other locations designated by such fire prevention authority and shall be maintained in good operating conditions. Portable fire extinguisher and smoke detectors shall be required in each manufactured home by the park management.

(f) Fires shall be made only in stoves and other equipment intended for such purposes.

((Ord. 30-22. Passed 12-12-22.)

1117.21 MISCELLANEOUS REQUIREMENTS.

(a) Responsibilities of the Park Management.

(1) The person to whom a license for a manufactured home park is issued shall operate a park in compliance with this Zoning Ordinance and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

(2) The park management shall notify park occupants of all applicable provisions of this Zoning Ordinance and regulations issued hereunder.

(3) The park management shall supervise the placement of each manufactured home on its manufactured home pad, which includes securing its stability and installing all utility connections in compliance with all applicable laws.

(4) The park management shall maintain a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park.

(b) Restrictions on Occupancy. A manufactured home shall not be occupied for dwelling purpose unless it is properly placed on and secured to a manufactured home pad and connected to water, sewerage and electrical utilities.

(Ord. 30-22. Passed 12-12-22.)

1117.22 PERMITTED SIGNS.

The provisions of Chapter 1141 "Signs" shall be in full force and effect in this district.

(Ord, 30-22. Passed 12-12-22.)

1117.23 APPROVAL PROCEDURE.

(a) Manufactured home parks shall be located only in the R-4 District and shall be developed according to the standards and regulations referenced in this chapter.

(b) A manufactured home park site plan shall be submitted to the Zoning Administrator in accordance with of Section 1157.05 "Site Plan Submission Requirements."

(c) A manufactured home park site plan shall be considered concurrently with the R-4 rezoning application in accordance with Chapter 1159 "Zoning Text and Map Amendments." Village Council shall have the final authority for the approval of the site plan.

(d) The procedure to amend the Village Zoning Map to establish the R-4 District shall be the procedure for amendments to an approved manufactured home park site plan in accordance with Section 1153.16 "Amendments of Approved Applications."

(e) The provisions of Sections 1155.06 "Submission to Director of ODOT" and 1155.07 "Expiration of Zoning Permit" shall also apply in this district.

(Ord. 30-22. Passed 12-12-22.)

1117.24 LICENSES.

No person shall operate any manufactured home park within the limits of the Village of Elmore unless he or she holds a valid license issued annually by the Ohio Department of Commerce in the name of such person for the specific manufactured home park. All applications for licenses shall be made to the Ohio Department of Commerce, who shall issue a license upon compliance by the applicant with the provisions of this Zoning Ordinance and regulations issued hereunder and of other applicable legal requirements.

(Ord. 30-22. Passed 12-12-22.)

1117.25 INSPECTION OF MANUFACTURED HOME PARKS.

The Zoning Administrator or other authority having jurisdiction is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Zoning Ordinance and regulations issued hereunder.

(Ord. 30-22. Passed 12-12-22.)

1117.26 CERTIFICATE OF COMPLIANCE.

A certificate of compliance shall be secured from the Zoning Administrator or other authority having jurisdiction after the completion of any manufactured home park or addition thereto, as provided for in Section 1155.08 "Certificate of Compliance." This certificate must be obtained before the park or addition can be occupied. Prior to the issuance of the certificate, a final inspection shall be made to insure that all provisions of this Zoning Ordinance have been met.

(Ord. 30-22. Passed 12-12-22.)

1119.01 INTENT.

To provide additional performance and building exterior standards for the Planned Business Park (PBP) District; site development review standards; and an alternative establishing procedure utilizing restrictive covenants.

(Ord. 30-22. Passed 12-12-22.)

1119.02 PERFORMANCE STANDARDS.

Any use constructed, established, altered or enlarged in the Planned Business Park (PBP) District shall be operated in a manner that complies with the following standards. No existing use shall be altered or modified so as to conflict with the standards established in this chapter.

(a) Enclosed Buildings. All manufacturing, assembling, processing, packaging and compounding shall be conducted within completely enclosed buildings.

(b) Outdoor Storage. Outdoor storage (that is, materials, supplies, equipment and supplies, waste containers) shall be permitted only where properly screened from view by a permanent wall, mounding or other appropriate screening and confined to approved locations. This provision shall not be applicable to the materials, equipment and supplies stored in relation to or as part of the construction of permanent structures upon a parcel, which materials, equipment and supplies shall be removed immediately upon completion of construction.

(c) Accessory Structures. In addition to the requirements in Section 1115.02 "Accessory Buildings and Structures," accessory structures shall be located a minimum of twenty-five (25) feet from any side or rear lot line and may not be located closer to the road right-of-way than the principal structure.

(d) Lighting. All exterior lighting must be directed in towards the site and shall be subject to Section 1133.03 "Outdoor Lighting."

(e) Noise. Noise from any operation conducted on the premises, either continuous or intermittent, shall be subject to Section 1133.04 "Noise." Additional noise control standards include:

(1) No boom boxes or like sound devices shall emit music or sound which is heard beyond the boundaries of the district.

(2) No diesel truck engines shall be permitted to run more than five minutes where the sound of the engine is detected beyond the boundaries of the district.

(f) Vibration. Vibrations shall be subject to Section 1133.05 "Vibration."

(g) Odors. The emission of odors or odor-causing substances shall be subject to Section 1133.06 "Odors."

(h) Air Quality / Emissions. In addition to the standards in Section 1133.07 "Air Quality / Emissions," the emission from all sources within the District or smoke or other air pollutants as defined by the Ohio Environmental Protection Agency shall not violate the respective air quality standards of the Ohio EPA and must be concurred with by the Planning Commission.

(i) Hazardous Material. No manufacturing emission or disposal of toxic or noxious matter which is injurious to human health, comfort or engagement of life and property, or to animal and plant life, shall be permitted, including but not limited to, radioactive materials, flammable or explosive substances and other hazardous chemical products. See Section 1133.08 "Hazardous Material and Waste Handling."

(j) Impervious Lot Coverage. The maximum coverage of all buildings, including accessory buildings, and all impervious areas, such as parking and loading areas shall not exceed seventy percent (70%) of the gross lot area.

(k) Overhead Doors. All oversized/overhead doors shall be located on the side of the building opposite any adjacent residential development and shall remain closed except for during shipping or receiving.

(Ord. 30-22. Passed 12-12-22.)

1119.03 BUILDING SITE REVIEW PROCEDURE.

(a) No building or other structure shall be erected, placed or altered on any building site unless the building plans, renderings, specifications, and plot showing the location of such building have been approved in writing as to conformity and harmony of external design and color with existing structures in the PBP District and as to the location of the building with reference to topography and finished ground elevation by the Planning Commission.

(b) The Planning Commission shall follow the review procedures in Chapter 1157 "Site Plan Review."

(c) In the event the Planning Commission fails to approve or disapprove said plans and specifications within ninety (90) days after the same has been submitted in writing to the Planning Commission for approval, then such approval shall not be required provided the design is in harmony with similar structures in the PBP District and conforms to all of the other covenants, restrictions and conditions as provided for in this chapter.

(Ord. 30-22. Passed 12-12-22.)

1119.04 BUILDING EXTERIORS.

(a) Setbacks. All buildings shall be set back in accordance with the PBP District requirements in Section 1131.11 "Site Development Standards for Business and Industrial Districts."

(b) Prohibited Building Types. No old buildings or structures shall be moved onto or upon any lot or premises in a PBP district, nor shall any such building or structure be maintained thereon. Pole type buildings are not acceptable.

(d) Color. Buildings shall be of an earth-tone color scheme, with brick or stone accents on the front face of buildings (if said building exterior is predominately siding).

(e) Overhangs. Overhangs shall be a minimum of twelve (12) inches.

(f) Lighting. Outdoor lighting shall be kept uniform and is subject to the approval of the Planning Commission.

(g) Construction Period. The exterior of any building to be erected in a PBP District shall be completed within a period of twelve (12) months from the beginning of construction. An optional twelve (12) months extension may be available through the Planning Commission with evidence of an active building permit from the Ottawa County Department of Building Inspection.

(Ord. 30-22. Passed 12-12-22.)

1119.05 GROUNDS.

(a) Maintenance. All grounds and premises in a PBP District shall be mowed and kept reasonably clear of weeds and undergrowth by the owners thereof at all times prior or commencing of the erection of any buildings, and thereafter all such grounds shall be maintained and kept up by the owner so as to conform to the character of the area in the PBP District.

(b) Waterways. Waterways must also be maintained by applicable lot owners.

(c) Landscaping. Landscaping of the lot shall be complete within one (1) year after construction begins. An optional twelve (12) month extension may be available through the Zoning Administrator.

(d) Easements. Easements and rights-of-way, as shown on the plat, are expressly reserved in and over said lots for construction and maintenance of necessary utilities, drains, etc.

(e) Buried Wires. All telephone, electric, or other wires of all kinds shall be underground.

(f) Utilities. Public water and sewer facilities shall be available or shall be provided as part of the development site in accordance with Part Nine, Title Three "Utilities" of the Village of Elmore Codified Ordinances.

(Ord. 30-22. Passed 12-12-22.)

1119.06 DRIVEWAYS AND PARKING.

(a) Driveway Approaches. All driveway approaches are to be blacktop or concrete (a minimum of six (6) inches), within a reasonable length of time, not to exceed one (1) year of the date that construction begins on that lot. All owners shall provide off street parking and a dust free environment (paved, concrete, etc.).

(b) Driveway Width and Spacing. Driveways shall be no more than thirty-five (35) feet wide and a minimum of seventy-five (75) feet of space between driveways.

(c) Parking. The provisions of Chapter 1139 "Parking, Access, and Mobility" shall apply in this district. (Ord. 30-22. Passed 12-12-22.)

1119.07 REFUSE.

(a) Dumpsters. Outside garbage and rubbish disposal facilities shall be in dumpster bins in accordance with Section 1137.11 "Screening for Dumpster/Trash Areas," and approved by the Planning Commission.

(b) No Dumping. No garbage, waste or trash shall be dumped on any lot and all such garbage, waste or trash shall be kept in sanitary conditions until proper disposal is made.

(Ord. 30-22. Passed 12-12-22.)

1119.08 MISCELLANEOUS.

(a) Mailboxes. Mailboxes will be of the same design, and the mounting post be shared by two adjacent land owners.

(b) Fencing. All fencing visible to roads shall be of a decorative nature. See Section 1115.15 "Fences, Hedges, and Walls."

‘

(c) Conflict with Subdivision Regulations. If subdivision regulation codes are more stringent, they shall override the PBP district rules and regulations.

(Ord. 30-22. Passed 12-12-22.)

1119.09 BUILDING HEIGHT AND EXCEPTIONS.

Structures up to thirty-five (35) feet in height are permitted as provided in Table 1131-3 "Lot Area and Dimensional Requirements for Business and Industrial Districts." Structures may exceed thirty-five (35) feet provided that:

(a) The site will have a maximum building floor area/lot area ration of two to one (2:1), meaning that the total usable floor space within all structures will not exceed twice the total lot area.

(b) No site plan shall be approved which includes building more than thirty-five (35) feet in height unless approved by the Fire Chief.

(Ord. 30-22. Passed 12-12-22.)

1119.10 PERMITTED SIGNS.

The provisions of Chapter 1141 "Signs" shall apply in this district.

(Ord. 30-22. Passed 12-12-22.)

1119.11 CERTIFICATE OF COMPLIANCE.

The provisions of Section 1155.08 "Certificate of Compliance" shall be in full force and effect in this District. (Ord. 30-22. Passed 12-12-22.)

1119.12 SCREENING REQUIREMENTS.

The provisions of Chapter 1137 "Landscaping and Screening" shall apply in this district unless specified otherwise.

(Ord. 30-22. Passed 12-12-22.)

1119.13 OPTIONAL PROCEDURES FOR ESTABLISHING A PLANNED BUSINESS PARK.

(a) At the time a request is made to zone a parcel PBP, the owner and/or developers shall develop and submit 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 improvements thereon, including those areas which are commonly owned and maintained. These restrictions shall be a part of the zoning application and shall be considered in the zoning approval process and shall be enforced by the Planning Commission when recorded with a final subdivision plat.

(b) A review committee consisting of property owners must be created to enforce the deed restrictions. Approval by this committee will be required prior to Planning Commission approval of any zoning permits.

(c) No improvement of any kind shall be installed, erected, placed, constructed, assembled or permitted to remain on any of the properties within the Park until and unless the proposed uses and nature, shape, size, color, architectural design, material, location and landscaping, paving plans, curbing and storm drainage, have been submitted in writing to the Planning Commission and the Planning Commission has approved in writing such development plans and specifications as conforming to the PBP district regulations.

(d) These covenants and restrictions shall be enforceable by injunction and otherwise by the Planning Commission, its successors or assigns. The Planning Commission reserves the right to take steps to correct, for example, an undesirable appearance of grounds. The owner or owners of such lots shall be liable for all costs incurred in such action and the total costs thereof shall be a lien on said property, which lien may be foreclosed in the manner provided for foreclosure of mortgages in the State of Ohio.

(e) Each grantee, by the acceptance of a deed of conveyance, accepts the same subject to all restrictions, conditions, covenants, reservations, and the jurisdiction, rights, and powers of the Planning Commission, created or reserved by this chapter and all rights, benefits and privileges of every character hereby created, granted, reserved or declared, and all impositions and obligations hereby imposed shall run with the land and each and every part thereof and bind each and every owner as though the provisions of the chapter were recited and stipulated at length in each and every deed of conveyance. The violation of any restriction or condition, or the breach

of any covenant or provision herein contained shall give the Planning Commission the right to enter the property, upon or as to which such violation or breach exists, and to summarily abate and remove any structure, object or condition that may be or exists thereon contrary to the intent and meaning of the provisions hereof and said Committee shall not, by reason thereof, be deemed guilty of any manner of trespass for such entry, abatement or removal, or the continuance of any breach may be enjoined, abated or remedied by appropriate legal proceedings, either at law or in equity, by said Planning Commission, its successors or assigns.

(f) A failure of the Committee, its successors or assigns, to enforce any of the restrictions, rights, reservations, limitations, agreements, covenants and conditions contained herein shall in no event be construed, taken or held to be a waiver or acquiescence in or consent to any violation thereof, and said Planning Commission, its successors and assigns, shall at any time and at all times have the right to enforce the same.

(g) The invalidity of any restriction hereby imposed or of any provision hereof, or any part of such restriction or provision, shall not impair or affect in any manner the validity, enforceability, or effect of the remainder of this chapter or any covenant, as a result of herein.

(Ord. 30-22. Passed 12-12-22.)

1121.01 PURPOSE.

(a) The Recreation District is designed to:

(1) Provide areas for public recreation which include Village park systems and facilities and to maintain open spaces for residents of the Village of Elmore, and

(2) Include lands used for local or non-local recreation, and

(3) Include existing parks and the railroad right-of-way.

(b) The lands, buildings and related facilities can be publicly or privately used.

(Ord. 30-22. Passed 12-12-22.)

1121.02 CONDITIONAL PERMITTED USES.

Municipal Public Utilities.

(Ord. 30-22. Passed 12-12-22.)

1123.01 PURPOSE AND INTENT.

(a) The purpose of a cluster subdivision is to permit a reduction in lot dimensions, yards, building setbacks and area requirements in order to achieve a more useful pattern in open space and recreation areas accessible to the majority of the living units; to achieve a more efficient use of land than is generally derived through conventional development resulting in substantial savings through shorter utilities and streets; to encourage 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.

(b) To provide use, site development, and open space standards for the Board of Zoning Appeals to follow in approving conditional use applications for cluster subdivisions.

(Ord. 30-22. Passed 12-12-22.)

1123.02 DEVELOPMENT STANDARDS.

Any application for a conditional use permit shall meet all of the following conditions to qualify for consideration as a cluster subdivision for single-family homes:

(a) Area. The cluster subdivision development site shall be not less than five (5) acres in area; shall be under the control of one (1) owner or group of owners; and shall be capable of being planned and developed as one (1) integral unit.

(b) Location. The cluster subdivision development site shall be located within the residential districts.

(c) Utilities. Public water and sewer facilities shall be available or shall be provided as part of the development site in accordance with Part Nine, Title Three "Utilities" of the Village of Elmore Codified Ordinances.

(d) Density. The proposed population density of the cluster subdivision shall not exceed the requirements of the district in which it is located.

(e) Open Space. For each square foot of land gained through the reduction or averaging of lot sizes, equal amounts of land shall be dedicated to the Village or set aside as open space for the common use of the home or lot owners within the cluster subdivision development under legal procedures so that there are assurances that the required area shall remain open.

(Ord. 30-22. Passed 12-12-22.)

1123.03 PERMITTED USES.

The following uses of land and structures may be permitted within the cluster subdivision developments:

(a) Single-family dwellings.

(b) Recreation and open space, provided that only the following land uses may be set aside as common land for open space or recreational use under the provisions of this chapter.

(1) Private recreational facilities, such as golf courses, swimming pools, or other recreational facilities which are limited to the use of the owners or occupants of the lots located within the cluster subdivision.

(2) Historic building sites or historic sites, public parks and parkways, ornamental parks, extensive areas with tree cover, lowlands along streams or areas of rough terrain when such areas have natural features worthy of scenic preservation.

(d) Off-street parking as provided in Chapter 1139 "Parking, Access, and Mobility."

(e) Signs as provided in Chapter 1141 "Signs."

(Ord. 30-22. Passed 12-12-22.)

1123.04 LOT SIZE VARIATION PROCEDURE.

(a) Lot Size. The lot size for cluster subdivision developments within a R-R, R-1, R-2, R-3 Residential Districts may be averaged or reduced from those sizes required by the applicable zoning district within which such development is located by compliance with the following procedures:

(1) Site acreage computation: The gross acreage proposed for a cluster subdivision development shall be computed to determine the total land area available for development into lots under the minimum lot size requirements of the applicable zoning district in which the proposed cluster subdivision development is located.

(2) In arriving at a gross acreage figure, the following lands shall not be considered as part of the gross acreage in computing the maximum number of lots and/or dwelling units that may be created under this procedure: Land use by public utilities as easements for major facilities, such as electric transmission lines; sewer lines; water mains, or other similar lands which are not available to the owner because of such easements.

(b) Maximum Number of Lots and Dwelling Units. After the total gross area available for development has been determined by the above procedure, the maximum number of lots and/or dwelling units that may be approved within the subdivision development shall be computed by subtracting from the total gross area available, a fixed percentage of such total for street right-of-way purposes, and dividing the remaining net area available by the minimum lot area requirement of the zoning district in which the cluster subdivision development is located.

(1) The fixed percentages of street right-of-way purposes to be subtracted from the total gross area available for development shall be twenty percent (20%). This percentage shall apply regardless of the amount of land actually required for street right-of-way.

(2) Under this procedure, individual lots may be reduced in area below the minimum lot size required by the zone district in which the cluster subdivision development is located, provided that the total number of dwelling units and/or lots created within the development is not more than the maximum number that would normally be allowed if the tract were developed under the minimum lot area requirements of the applicable zone district in which it is located.

(c) Permissive Minimum Lot Area. Notwithstanding other procedures set forth in this chapter, lot sizes within cluster subdivisions shall not be varied or reduced in area by more than thirty percent (30%) of the lot size required in the zoned district in which it is located. The lot width shall not be less than fifty-five (55) feet.

(d) Minimum Yard Requirements. Under the lot averaging or reduction procedure, each lot shall have at least the following minimum yards:

(1) Front yard: Twenty-five (25) feet for all dwellings.

(2) Side yards: Six (6) feet on each side.

(3) Rear yards: Twenty-five (25) feet for all dwellings.

(4) Building height: Two and one-half (2 ½) stories, but not exceeding thirty-five (35) feet. Accessory buildings shall not exceed a height of twenty (20) feet.

(Ord. 30-22. Passed 12-12-22.)

1123.05 OPEN SPACE REQUIREMENTS.

For each square foot of land gained through the averaging or reduction of lot sizes under the provisions of this chapter, equal amounts of land shall be provided as open space. All open space, tree cover, recreational area, scenic vista, or other authorized open land areas shall be either set aside as common land for the sole benefit, use, and enjoyment of present and future lot or home owners within the development, or may be dedicated to the Village as park land for the use of the general public. The Planning Commission shall determine which of these options is most appropriate and shall recommend to the Board of Zoning Appeals one of the following procedures as part of its approval of a conditional use permit for a cluster subdivision development:

(a) That open space land shall be conveyed by proper legal procedures from the tract owner or owners to a home owners association or other similar non-profit organizations so that fee simple title shall be vested in tract lot owners as tenants in common, provided that suitable arrangements have been made for the maintenance of such land and any buildings thereon, and provided further, an open space easement for the land may be conveyed to the Village to assure that open space land shall remain open.

(b) That open space land may be dedicated to the general public for park or recreational purposes by the tract owner or owners, provided, that the location and extent of such land conforms to the Future Land Use Plan for the Village of Elmore, and provided further, that the access to and characteristics of the land is such that it will be readily available to and desirable for public use, development and maintenance. The owners or developers of the cluster subdivision development shall not be compelled or required to improve the natural condition of the open space lands before conveyance to the Village.

(Ord. 30-22. Passed 12-12-22.)

1123.06 MAINTENANCE OF COMMON OPEN SPACE.

The owner of the land shall be responsible for maintenance of all open space set-aside areas unless dedicated to the Village. If open space set-aside areas or other community facilities are not maintained in accordance with the final subdivision plat(s), the Village shall cause such maintenance to be performed and may assess the cost of such maintenance on those property owners responsible for the maintenance of the open space.

(Ord. 30-22. Passed 12-12-22.)

1123.07 CLUSTER SUBDIVISION REVIEW PROCEDURE.

(a) A person, firm, or corporation desiring to create a cluster subdivision shall apply to the Zoning Administrator for a conditional use permit, and a certificate of compliance for such subdivision.

(b) The Zoning Administrator shall convey such plans and reports presented by the applicant to the Village Planning Commission and the Board of Zoning Appeals. The Planning Commission shall make a study and present its findings to the Board of Zoning Appeals.

(c) Upon the receipt of the findings of the Village Planning Commission, the Board of Zoning Appeals shall study the same and if concurring shall direct the administrative official to issue the conditional use permit and the application for the certificate of compliance to the applicant. Such application for the certificate of compliance may contain conditions of approval by the Board as it deems necessary in the best interest of the Village and the certificate of compliance shall not be granted if such conditions are not followed.

(Ord. 30-22. Passed 12-12-22.)

1125.01 PURPOSE.

The purpose of the Planned Unit Development (PUD) regulations is to encourage innovative land planning and design and avoid the monotony sometimes associated with large developments by:

(a) Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designed primarily for individual lots;

(b) Allowing greater freedom in selecting the means to provide access, mobility, light, open space, and design amenities;

(c) Encouraging a sensitive design that respects the surrounding established land use character and natural or man-made features of the site; and

(d) Allowing deviations from certain zoning standards that would otherwise apply if not contrary to the general spirit and intent of this Zoning Ordinance.

(Ord. 30-22. Passed 12-12-22.)

1125.02 INITIATION.

Pursuant to Section 1153.03 "Authority to File Applications" any person having authority to file applications may initiate an application for a PUD zoning amendment.

(Ord. 30-22. Passed 12-12-22.)

1125.03 APPLICABILITY.

PUDs may be approved in any base zoning district subject to the standards set forth in Section 1125.07 "Minimum Eligibility Criteria" and the approval procedures set forth in this chapter. (Ord. 30-22. Passed 12-12-22.)

1125.04 CONSOLIDATION WITH SUBDIVISION APPROVAL.

For any PUD requiring subdivision plat approval, the subdivision plat may be submitted simultaneously with the PUD development plan and reviewed concurrently as part of the PUD.

(Ord. 30-22. Passed 12-12-22.)

1125.05 COUNCIL AUTHORITY.

Village Council retains the legislative authority to determine whether PUD zoning is appropriate regardless of whether the proposed development meets the standards prescribed by this chapter. (Ord. 30-22. Passed 12-12-22.)

1125.06 SIZE.

(a) Each PUD shall contain a minimum of five (5) acres; provided sites containing less than five (5) acres may be considered for rezoning to PUD. When determining the appropriateness of areas less than the applicable minimum required, the Village Council shall determine that:

(1) Rezoning the area to PUD will not result in a significant adverse effect upon nearby or adjacent Village lands;

(2) The proposed uses will complement the character of the surrounding area;

(3) The purpose and qualifying conditions of the PUD can be achieved within a smaller area; and

(4) The PUD is not being used as a means to circumvent conventional zoning requirements.

(b) The PUD process should not be used to address a nonconforming situation for a lot that will be used for a single building and/or use where the use is permitted but where such use does not comply with other applicable standards. Such situations should first be considered for a variance application. (Ord. 30-22. Passed 12-12-22.)

1125.07 MINIMUM ELIGIBILITY CRITERIA.

The following minimum eligibility criteria shall be met in order for PUD approval:

(a) Recognizable and Substantial Benefit. The PUD shall result in a recognizable and substantial benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved. Such benefit must otherwise be unfeasible or unlikely under the regulations of the underlying or any other zoning district.

(b) Availability and Capacity of Public Services. The proposed type and intensity of use shall not result in an unreasonable burden in the use of existing public services, facilities, and utilities.

(c) Relationship to Existing Plans. The proposed development is consistent with Village adopted plans, goals and policies.

(d) Compatibility with the PUD Purpose. The proposed development shall be consistent with the intent and spirit of these regulations, as stated in Section 1125.01 "Purpose."

(e) Economic Impact. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the existing zoning district within which the PUD is proposed.

(f) Unified Control of Property. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this Zoning Ordinance and the specifications of the PUD development plan approval. This provision shall not prohibit a transfer of ownership or control, upon due notice to the Zoning Administrator. (Ord. 30-22. Passed 12-12-22.)

1125.08 PERMITTED USES.

(a) PUD Permitted Use List. Any use listed in Section 1113.05 "Permitted or Conditionally Permitted Principal and Accessory Use Tables" may potentially be permitted in a PUD. The uses must be identified in the required PUD development plan, must not adversely affect the adjacent property or the public health, safety and general welfare. The development plan must either designate uses that will be allowed conditionally or as of right on a parcel-by-parcel basis or by base zoning districts within the PUD.

(b) Residential Will be Predominant in R Districts. Where the existing underlying base zoning district is residential, commercial and other nonresidential uses may be permitted as part of a PUD which also contains a residential component, provided that the applicant demonstrates that the residential uses will be predominant. The Village Council after Planning Commission recommendation shall determine predominance of use after taking into account the following criteria as they apply to each of the proposed uses: extent to which it serves residents in the PUD compared to others who travel to the site; amount of traffic generated; hours of operation or use; noise, odors, and overall impact on adjoining uses; land area allocated to each use; and building area allocated to each use.

(c) Exceptions. If a proposed use is not consistent with an approved PUD development plan, it shall not be permitted unless it meets the requirements of the underlying zoning classification. (Ord. 30-22. Passed 12-12-22.)

1125.09 MODIFICATION OF MINIMUM REQUIREMENTS.

District regulations applicable to a land use in the PUD may be altered, including but not limited to, modification from the lot area and width, building setbacks, height, lot coverage, signs and parking. The applicant for a PUD shall identify, in writing, all intended deviations from the zoning requirements as part of the PUD development plan. Modifications may be approved by the Village Council after Planning Commission recommendation. These adjustments may be permitted only if they will result in a higher quality and more sustainable development consistent with the purposes of a PUD expressed in Section 1125.01 "Purpose."

(Ord. 30-22. Passed 12-12-22.)

1125.10 DENSITY.

(a) The density for residential components of PUDs within an underlaying residential district shall be the number of dwelling units per gross acre as shown in Section 1131.09 "Site Development Standards for Residential Districts," Table 1131-1.

(b) The density for residential components of PUDs within an underlying Business district, except for the Central Business CB district, shall be the number of dwelling units per gross acre for the Multi-family R-3 district in Section 1131.09 "Site Development Standards for Residential Districts," Table 1131-1.

(c) The density for residential components of PUDs within an underlying Central Business CB district shall be the number of dwelling units per gross acre for the CB district in Section 1131.11 "Site Development Standards for Business and Industrial Districts," Table 1131-3.

(d) Where the PUD lies over multiple zoning districts, the number of allowable units must be calculated separately for each underlying base zoning district.

(e) Thus, the number of units that could be accommodated under the requirements of Section 1125.10 "Density" above shall serve as the maximum number permitted for each underlying base zoning district, unless a density bonus is approved in accordance with Section 1125.11 "Density Bonus." There shall be no transfer of density between different base zoning districts. (Ord. 30-22. Passed 12-12-22.)

1125.11 DENSITY BONUS.

(a) In addition to the in density allowed in Section 1125.10 "Density" Village Council, after Planning Commission recommendation, may permit an increase in the total number of residential units otherwise allowed within a PUD under the following standards:

(1) The appearance and construction will result in a development of high quality, as evidenced by the innovative design and use of building materials such as stone, masonry, and wood, but not including vinyl; a maximum increase of five percent (5%) in the number of dwelling units may be approved.

(2) Significant natural features, including stands of mature trees, will be preserved and/or substantial landscaping beyond the minimum requirements will be incorporated into the development; a maximum increase of five percent (5%) in the number of dwelling units may be approved.

(3) Decorative pavers or similar aesthetic enhancements will be incorporated into the vehicular and pedestrian circulation system; a maximum increase of five percent (5%) in the number of dwelling units may be approved.

(4) Removal or renovation of deteriorating buildings, sites or contamination clean-up; a maximum increase of five percent (5%) in the number of dwelling units may be approved.

(b) At the discretion of the Village Council, density may be increased up to the maximum amount allowable within each category. However, the density in the PUD may not exceed more than ten percent (10%) of the density which is permitted in Section 1125.10 "Density" of this chapter.

(Ord. 30-22. Passed 12-12-22.)

1125.12 IMPROVEMENT STANDARDS.

All PUDs shall comply with the applicable subdivision improvement and design standards including, but not limited to, sidewalks, street design, drainage, and utilities.

(Ord. 30-22. Passed 12-12-22.)

1125.13 MINIMUM COMMON OPEN SPACE.

(a) The area of common open space shall not be less than twenty percent (20%) of the total land area of a PUD containing any residential units and not less than ten percent (10%) of the total land area in non-residential developments.

(b) All required open space areas shall be configured so the open space is reasonably accessible to and usable by residents, visitors and other users of the development. The minimum size of any individual open space area shall be sufficient to achieve the visual and functional intent of the open space provisions and not simply be a remnant piece of land. The open space shall neither be perceived nor function simply as an extension of the rear yard of those lots abutting it.

(c) If the site contains a river, stream or other body of water, the Village may require that a portion of the required open space abuts the body of water.

(d) All open space set-aside areas shall be owned and maintained jointly or in common by the owners of the development through a recognized Homeowner's or Property Owner's Association.

(e) For purposes of the PUD requirements, "common open space" is defined as an area of land or water, or a combination of land and water, designed and intended for the perpetual use and enjoyment of the users of the development and/or the general public. Common open space may contain accessory structures and improvements necessary or desirable for educational, noncommercial, recreational or cultural uses.

(f) Areas Not Considered Open Space. The following land areas shall not be counted as required open space for the purposes of this section.

(1) The area within any public street right-of-way or private street easement.

(2) Storm water detention ponds; provided, rain gardens or ponds designed as water features that may also provide for storm water storage may be counted toward required open space.

(3) The area within a platted lot, unless the lot has been dedicated to open space on the plat via conservation easement or other means of ensuring that the lot is permanent open space; and

(4) Parking and loading areas.

(Ord. 30-22. Passed 12-12-22.)

1125.14 MAINTENANCE OF COMMON OPEN SPACE.

The owner of the land shall be responsible for maintenance of all open space set-aside areas unless dedicated to the Village. If open space set-aside areas or other community facilities are not maintained in accordance with the final plat(s), or PUD development plan, the Village shall cause such maintenance to be performed and may assess the cost of such maintenance on those property owners subject responsible for the maintenance of the open space.

(Ord. 30-22. Passed 12-12-22.)

1125.15 CONNECTIVITY.

Pathways for bicycles and pedestrians shall be incorporated throughout the planned unit development and along all perimeter streets to ensure connectivity between uses and with adjacent properties. Pathways and sidewalks shall be constructed in accordance with the Village design standards. (Ord. 30-22. Passed 12-12-22.)

1125.16 COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS.

(a) Unless specifically stated in the PUD development plan, all PUDs plans shall demonstrate compliance with all other applicable standards of this Zoning Ordinance, including but not limited to; use specific regulations; environmental performance standards; building design standards; landscaping and fencing; parking, access and mobility; off-street parking, and signage.

(b) The PUD process shall not be used to circumvent the building design requirements identified in Chapter 1135 "Building Design Standards."

(Ord. 30-22. Passed 12-12-22.)

1125.17 PUD REVIEW PROCEDURE.

(a) Pre-Application Meeting. Prior to filing a formal application for a PUD, the applicant shall request a meeting in accordance with Section 1153.07 "Effect of Pre-Application Meetings." At the pre-application meeting, the applicant may present a general sketch plan of the proposed PUD which provides an overview of the proposed project.

(b) Application Review. All PUDs shall be reviewed as a zoning map amendment pursuant to Chapter 1159 "Zoning Text and Map Amendments."

(c) PUD Development Plan. Applications shall include a development plan, as defined, which unless specifically stated otherwise shall be a condition of PUD approval.

(d) Architectural Elevations. Applications shall include perspective front, side and rear elevation drawings of representative building types, except for detached single-family dwellings and their accessory buildings. These drawings shall indicate general architectural characteristics. If the PUD is approved, architectural elevations submitted as part of the application shall be considered binding unless specifically noted otherwise in the approval. If the PUD involves detached single-family dwellings, architectural elevations shall not be required.

(e) Permitted Uses List and Development Summary. The application shall include a list of all permitted land uses proposed to be included in the PUD, the total land area devoted to each of the land uses proposed, the percentage of the total land area within the PUD devoted to each proposed land use, the number of residential units by type and density, and the total square footage of buildings devoted to non-residential uses. In addition, the application shall contain a development schedule indicating the approximate dates for beginning and completing the project, or each phase if the development is to be phased, and the extent of development and types of land uses in each phase.

(f) Minimum Requirements Comparison. The application shall contain all minimum dimensional requirements that are proposed to apply within the PUD, including minimum lot sizes, minimum lot widths, maximum lot coverage, front, side and rear yards and building setbacks, and maximum heights. Such proposed performance standards shall be presented in a table on the site plan or in the written text accompanying the application that shows the proposed lot, height, coverage and other dimensional standards in relation to the performance standards required for the zoning district or districts in which the subject property is located.

(g) Improvement Standards. The application shall contain descriptions of improvements to be constructed within the PUD, such as but not limited to street types, right-of-way widths, pavement widths, sidewalk locations and dimensions, and other improvements. Such proposed improvements shall be presented in a table in the written text accompanying the application.

(h) Private Restrictions. PUDs that have commonly owned facilities and open space shall have private restrictions and covenants established which shall be subject to the approval of the Village Solicitor.

(i) Community Benefit Statement. The applicant shall submit a written statement identifying the relative benefits that will accrue to the community as a result of the property being developed under PUD provisions. Specific mention should be made of mix of uses included, open spaces provided, natural features retained and architectural design to be provided. This statement is a developer's opportunity to define why the PUD proposal merits approval and how it will serve the community better than a conventional development.

(Ord. 30-22. Passed 12-12-22.)

1125.18 AMENDMENT OF APPROVED PUD.

(a) Minor amendments of an approved PUD may be authorized as set forth in Section 1153.16 "Amendments of Approved Applications."

(b) Any change that does not qualify as a minor amendment as set forth in Section 1153.16 "Amendments of Approved Applications" shall be considered amendments and shall be processed in accordance with the procedure for approval of the original PUD.

(Ord. 30-22. Passed 12-12-22.)

Elmore Village City Zoning Code

TITLE THREE

Zoning Districts and Land Use Regulations

1111.01 ZONING DISTRICTS ESTABLISHED.

For the purposes of this Zoning Ordinance, all land within the incorporated territory of Village of Elmore, Ohio, is hereby divided into the districts established in Table 1111-1 "Zoning Districts."

Table 1111-1: Zoning Districts
Abbreviation	Zoning District Name
Residential Zoning Districts
R-R	Rural Residential District
R-1	Low Density Residential District
R-2	Medium Density Residential District
R-3	High Density Residential District
R-4	Manufactured Home Park District
Business Zoning Districts
NB	Neighborhood Business District
GB	General Business District
CB	Central Business District
POB	Professional Office Business District
PBP	Planned Business Park District
Industrial Zoning Districts
LI	Light Industrial District
HI	Heavy Industrial District
Special Districts
REC	Recreation District
Overlay Districts
PUD	Planned Unit Development (PUD)

(Ord. 30-22. Passed 12-12-22.)

1111.02 BASE ZONING DISTRICT PURPOSE STATEMENTS.

The following are the statements of purpose for each of the base zoning districts established in this Zoning Ordinance.

(a) Rural Residential District (R-R). The Rural Residential District is designed to:

(1) Preserve and protect for agricultural use these land areas needed and best suited for agriculture.

(2) Prevent the indiscriminate spread of urban uses into rural areas which are incompatible with agricultural pursuits, and which contribute to their premature termination.

(3) Retain land which could eventually be developed for urban uses currently in productive agricultural uses.

(i) Professional Office Business District (POB). The Professional Office Business District is designed to specifically provide for office development in the Village of Elmore.

1111.03 SPECIAL DISTRICTS.

Table 1111-2: Special Districts
Abbreviation	Special Zoning District Name
REC	Recreation District