Elmore Village City Zoning Code

TITLE FIVE

Development Standards

1131.01 DISTANCE MEASUREMENTS.

Unless otherwise expressly stated, distances specified in this Zoning Ordinance are to be measured as the length of an imaginary straight line joining those points.

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

1131.02 AREA MEASUREMENTS.

The area includes the total horizontal surface area within the subject area's boundaries.

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

1131.03 REDUCTIONS IN LOT AREA PROHIBITED.

No parcel of land shall hereafter be so reduced or divided so as to provide less than the minimum lot size required in the district in which such land is situated; and, if already less than the minimum required by this Zoning Ordinance, said area or dimensions shall not be further reduced. Exceptions to this standard shall only be granted if a reduction is approved as part of a Planned Unit Development or cluster subdivision.

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

1131.04 CONVERSION OF DWELLINGS.

The conversion of any building into a dwelling or conversion of any building so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Ordinance, and only when the resulting occupancy will comply with the requirements governing new construction in such a district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards, and off-street parking.

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

1131.05 GENERAL YARD REQUIREMENTS.

Every required yard shall be open to the sky and unobstructed except when in conformance with this zoning ordinance and shall not be reduced or diminished in area so as to be smaller than prescribed by this Zoning Ordinance.

(a) Yard Measurements.

(1) The minimum front yard depth shall be measured on the perpendicular from the street right-of-way line to the building setback line. See Figure 1131-A.

Figure 1131-A: Measurement of front yard setback

(2) Front Yard Exception. In any residential district, a front yard setback shall not be required to exceed the average front yard setbacks of the existing front yards within the same block and within 100 feet of the principal building. Modification of the front yard in accordance with this section will not create a nonconforming lot unless the lot or structure does not meet other applicable provisions of this Zoning Code. See Figure 1131-B.

Figure 1131-B: Illustration of the averaging of front yard setbacks. In a district with a minimum front yard setback requirement of 50 feet, smaller setbacks may be allowed if the average front yard setbacks are less than 50 feet.

(3) The minimum side yard width and rear yard depth shall be measured on the perpendicular from the lot lines to the nearest point of the principal building. See Figure 1131-C.

Figure 1131-C: Typical yard locations for an interior lot

(4) Corner lots shall comply with the minimum front yard depths on both streets. See Figure 1131-D.

Figure 1131-D: Typical yard locations for a corner lot

(5) Double fronting lots shall comply with the minimum front yard depths on both streets. See Figure 1131-E.

Figure 1131-E: Yard locations on double frontage lots

(6) Cul-de-Sac or Curved-Street Lot.

A. For a cul-de-sac lot or a lot abutting a curved street, the front-yard setback shall follow the curve of the front property line (lot line). See Figure 1131-F.

B. On a cul-de-sac roadway, knuckle, or eyebrow, the required street frontage shall be required and measured at the street right-of-way on the curve of the cul-de-sac, knuckle, or eyebrow.

Figure 1131-F: Setback line of a lot with frontage on a curved street or cul-de-sac

(7) Other Lot Configurations. Where there is an instance of a lot configuration not addressed in the previous sections (e.g., interior, corner, cul-de-sac, etc.), or where there is an atypical building orientation on any lot, the Zoning Administrator shall have the authority to make a determination regarding where front, rear, and side yard setbacks are required.

(b) Yard Exceptions. Terraces, uncovered porches, platforms, and ornamental features, including railings, which do not extend more than two (2) feet above the level of the ground adjoining the first story, may project into a required side yard, provided these projections be at least two (2) feet from the adjacent lot line. The ordinary projections of chimneys or flues are permitted into the required side and front yards.

(c) Architectural Projections. Open structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered part of the building to which attached and shall not project into the required front, side, or rear yard.

(d) Handicap Ramps. ADA compliant handicap ramps, excluding handrails, not extending above the floor level of the ground story may be located in any yard.

(e) Fences, Hedges and Walls. See Section 1115.15 "Fences, Hedges and Walls."

(f) Garages or Other Accessory Buildings. See Section 1115.02 "Accessory Buildings and Structures."

(g) Use of Front Yard. Front yards in all districts shall be landscaped.

(h) Yard for Single Building. No required yard or other open space around one building shall be considered as a yard or open space for any other building. No required yard or other required open space on an adjoining lot shall be considered as providing the yard or open space on the lot whereon a building is to be erected or established.

(i) Multiple Lots in Common Ownership.

(1) Setbacks. For purposes of applying any required setback or maximum lot coverage standard in this Zoning Ordinance, setbacks may be measured, and lot coverage may be calculated from the outer lot lines of any combination of lots in common ownership or use, and setbacks are not required from interior lot lines.

(2) Combined on Same Tax Card. Two (2) or more lots of record, platted lots, or parcels that are contiguous and held in common ownership may be treated together as a single lot for purposes of this Zoning Code, provided such lots are located in the same zoning district and provided they are combined on the same County Auditor tax card. The Zoning Administrator may require such lots be combined on the same tax card as a requirement of a zoning application. Such combined lots may not be divided without approval in accordance with the Village Subdivision Regulations.

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

1131.06 VIEW CLEARANCE.

(a) Clear View of Intersecting Streets. In all zones which require a front yard, no obstruction in excess of three (3) feet in height measured from the top of the curb (or edge of street pavement where there is no curb), shall be placed on any corner lot within the triangular area formed by the street right-of-way lines or the projected point of intersection of the street right-of-way lines and a line connecting points twenty-five (25) feet from the intersection of the street right-of-way lines or the projected point. See Figure 1131-G.

Figure 1131-G: Clear view triangle for traffic safety.

(b) Fence and Wall Restrictions in Front Yard. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of three feet, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the height of three feet and ten feet except as otherwise permitted in the screening requirements of the Zoning Ordinance. See Figure 1131-H.

Figure 1131-H: Front Yard Vision Clearance

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

1131.07 HEIGHT MEASUREMENT AND EXCEPTIONS.

(a) Building height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between the eaves and ridges for gable, hip, or gambrel roofs. See Figure 1131-I

Figure 1131-I: Building Height Measurement

(b) Exceptions to Height Limits. Upon approval by the Board of Zoning Appeals height limitations stipulated in this Zoning Ordinance may be permitted to a greater height for the following .

(1) Barns, silos or other agricultural buildings or structures on farms;

(2) Church spires, belfries, cupolas and domes, monuments, water towers, masts, and aerials;

(3) Parapet walls extending not more than four (4) feet above the limiting height of the building;

(4) Public or semi-public buildings, hospitals, institutions, places of religious assembly, or educational facilities may be increased to sixty (60) feet; provided, required side and rear yards are each increased by one (1) foot for each foot of additional building height above the maximum height permitted within the district in which the building is located; and

(5) Where the manufacturing process requires a greater height; provided, however, that, all such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent (25%) of the area of the lot. (Ord. 30-22. Passed 12-12-22.)

1131.08 GENERAL SITE DEVELOPMENT STANDARDS.

(a) Generally. Other than that permitted by the provisions of this Zoning Ordinance no building shall be erected, converted, enlarged, reconstructed, or structurally altered:

(1) To exceed the maximum height; or

(2) To accommodate or house a greater number of families; or

(3) To occupy a greater percentage of lot area; or

(4) To have narrower or smaller rear, front, or side yards than are specified herein for the district in which such building is located.

(b) Principal Building.

(1) No more than one principal building shall be permitted on any one (1) lot unless otherwise specifically stated in the Zoning Ordinance.

(2) When more than one (1) townhouse, multi-family, commercial or industrial building is located on one (1) lot, the building shall be considered as one (1) building for the purpose of determining front, side, and rear yard requirements. The spacing between the buildings shall be reviewed and approved during site plan review to ensure an adequate amount of building spacing and preservation of landscaping areas.

(3) No principal building shall be erected on a lot which does not abut on at least one street by its full frontage.

(c) Temporary Buildings. Temporary buildings or uses for purposes incidental to construction work shall be permitted provided such buildings or uses shall not be continued as permanent structures or uses. The period during which such temporary buildings are to be permitted shall be not greater than the period of construction plus thirty (30) days after the completion of such construction and the permit for such period shall be issued by the Board of Zoning Appeals. Temporary buildings shall not be used for living purposes.

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

1131.09 SITE DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS.

The following Table 1131-1 establishes the minimum site development standards for residential base zoning districts. For the R-4 district see Chapter 1117 "Manufactured Home Park District."

Table 1131-1: Lot, Area, Density and Dimensional Requirements for Residential Districts
	Zoning District
	R-R				R-1R-2R-3
	Farm	Single Family	Single Family	Single Family	Single Family	Two Family	Multi Family
Dwelling Units per Gross Acre	0.2	1	2.9	4.3	6	7.2	10
Minimum Lot Area (ft.)	5 acres	1 acre	15,000 s.f.	10,000 s.f.	7,200 s.f.	12,000 s.f.	4,356 s.f.
Minimum Lot Width (ft.)	300	150	100	80	60	80	100 [1]
Minimum Lot Depth (ft.)	120	120	120	120
Front Yard Setback (ft.)	50	50	40	35	35	35	35
Rear Yard Setback (ft.)	40	40	25	25	25	25	30
Side Yard, Setback (ft.), both sides	20	20	10	10	10	10	15
Maximum Stories	2 ½	2 ½	2 ½	2 ½	2 ½	2 ½	2 ½
Maximum Height (ft.)	35	35	35	35	35	35	35
Maximum Lot Coverage (percentage)	30	30	30	30	30	30	30

Table Notes

[1] For first 4 units, 2.5 feet for each additional unit.

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

1131.10 DWELLING FLOOR AREA REQUIREMENTS.

The following Table 1131-2 sets forth required minimum floor area in square feet for dwelling units. The calculation of floor area shall only include those areas used for living purposes. Garages, carports, porches, patios and basements shall be excluded from such calculation:

Table 1131-2: Minimum Floor Area For Dwelling Units
Building Type	Dwelling Type	Minimum Floor Area by Zoning District (square feet)
Building Type	Dwelling Type	R-R	R-1	R-2	R-3
One-Story Buildings	Single family dwelling without basement	900	900	900	900
	Single family dwelling with basement	900	900	900	900
	Dwelling without basement			900	900
	Dwelling on first floor with baement			900	900
One and one-half story building	Single family on first floor	750	750	750	750
	Single family on both floors excluding basement	1,150	1,150	1,150	1,150
	Dwelling on first floor			750	750
	Dwelling on both floors excluding basement			1,150	1,150
Two-Story Building	Single family on first floor	750	750	750	750
	Single family on both floors excluding basement	1,100	1,100	1,100	1,100
	Dwelling on first floor			750	750
	Dwelling on both floors excluding basement			1,100	1,100
Multi-level buildings	Single family dwelling [1]	1,250	1,250	1,250	1,250
Multi-level buildings	Dwelling [1]			1,250	1,250
Multi-family dwellings	Efficiency suite dwelling unit				500
	One bedroom dwelling unit				575
	Two bedroom dwelling unit				750
	Four or more bedroom dwelling unit				1,500

Table Notes

[1] With a minimum lot coverage of 900 square feet, excluding basements.

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

1131.11 SITE DEVELOPMENT STANDARDS FOR BUSINESS AND INDUSTRIAL DISTRICTS.

The following Table 1131-3 establishes the minimum site development standards for business and industrial zoning districts.

Table 1131-3: Lot Area and Dimensional Requirements for Business and Industrial Districts
	Zoning District
	NB	GB	CB	POB	PBP	L-I	H-I
Min. Lot Area	20,000 s.f.	3/4 acre	10,000 s.f.	15,000 s.f.	None	2 acres	2 acres
Dwelling Units per Gross Acre	na	na	15	na	na	na	na
Min. Lot Width (ft.)	100	100	None	80	None	200	200
Front Yard Setback (ft.)	40	75	None	50	50	100	100
Rear Yard Setback (ft.)	25	40	20	35	35	75	75
Side Yard Setback, both sides (ft.)	10	12	None	10	25	25	25
Side Yard setback abutting a street (ft.)	40	40	None	25		100	100
Yard setback for lot lines abutting a residential zone (ft.)[1]	25	50				100	150
Max. Height (ft.)	35	35	35	35	35[2]	35	35
Max. Lot Coverage (percent)	40	30	75	30	30	40	40

Table Notes:

[1] Yard shall remain open, unoccupied by any principal or accessory building, and landscaped in accordance with Chapter 1137 "Landscaping and Screening."

[2] Structures may exceed 35 feet provided that:

a. The site will have a maximum building floor area/lot ratio 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.)

1133.01 PURPOSE.

Environmental performance standards are regulations which are intended to promote a peaceful and quiet environment. Restrictions or limits are established on uses or facilities whose environmental factors may create a nuisance or cause a noxious, objectionable, or other undesirable effect on persons or properties outside of the subject property. These restrictions apply to a uses' construction as well as its operation. Materials and/or products of a use shall be maintained in a method so that the health, safety, and welfare of persons occupying the subject property or adjacent properties are not jeopardized.

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

1133.02 APPLICABILITY AND COMPLIANCE.

The Environmental Performance Standards are applicable to all land uses in all zoning districts, unless specific districts are listed or specific uses are exempted below. Both initial and continued compliance is required. Any condition or land use falling under the jurisdiction of the standards of this Zoning Ordinance at the time of its adoption and not in conformance with these standards shall be brought in full compliance immediately upon discontinuance of the existing use of land, structure or building. Any change in the principal use of land, structure or building shall constitute discontinuance and be fully subject to these standards and provisions.

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

1133.03 OUTDOOR LIGHTING.

(a) Applicability. Except as described below, all outdoor lighting shall comply with these requirements. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.

(1) Lighting related to single-family and two-family dwellings are exempt; however, all lighting for these uses shall be shielded and arranged to reduce glare and to reflect light away from all adjacent property, public roads and highways.

(2) Seasonally decorative outdoor lighting is exempt from the requirements of this section.

(3) Lighting for certain outdoor recreational uses because of their unique requirements for nighttime visibility and their limited hours of operation are exempt from the requirements of this section. Example of such uses are high school football night games, lighted tennis courts and baseball diamonds.

(4) Lighting required by the federal, state or local law shall be exempted from the standards of this section.

(b) Exterior Lighting Plan. A lighting plan is required for all uses that are required to file a site plan and shall be approved according to the procedures set forth in Chapter 1157 "Site Plan Review." The lighting plan shall demonstrate compliance with the requirements of this section. However, a photometric study of the illumination shall only be required when a multi-family dwelling or a nonresidential use is proposed to be located adjacent to a lot in a residential district or that is occupied by an existing residential use.

(1) Glare Reduction.

A. All on-site lighting of buildings, lawns, parking areas and signs shall be shielded and arranged to reduce glare and to reflect light away from all adjacent property, public roads and highways.

Figure 1133-A: Illustration of shielded lighting.

B. No outdoor lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of drivers or pedestrians.

(2) Canopy Shielding. Any canopy structure used at a business location (i.e., for uses such as vehicle service stations and drive-through facilities) must have recessed ceiling fixtures which do not extend below the surface of the canopy.

(3) Building Ornamentation and Accentuation. Utilization of lighting to accentuate key architectural elements of a building or development is permitted provided that:

A. In no case shall such lighting flash or blink intermittently.

B. Any such lighting source located on the side of a building that faces an adjoining residential use or residential district shall be effectively screened from view of the residential use or residential district.

(d) Illumination Standards and Measurement.

(1) Standard. There shall be a maximum illumination of 0.5 footcandles at the lot line in all residential districts and for any nonresidential use that abuts a lot in a residential zoning district or lot occupied by an existing residential use.

(2) Measurement. Light levels shall be measured in foot-candles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading. Measurements shall be taken at the property line, along a horizontal plane at a height of three and one-half (3.5) feet above the ground.

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

1133.04 NOISE.

All uses shall comply with the following noise standards.

(a) A sound-level meter shall be used to measure decibel level.

(b) Noise levels shall be measured at the lot line.

Table 1133-1: Maximum Noise Levels
Use Occupancy Category	Time	Sound Level Limit dB(A)
Residential	7 a.m. - 10 p.m.	50
Residential	10 p.m. - 7 a.m.	45
Commercial, Business, Institutional	7 a.m. - 10 p.m.	65
Commercial, Business, Institutional	10 p.m. - 7 a.m.	55
Manufacturing, Industrial, Agricultural	At all times	75

(d) The levels specified in Table 1133-1 above may be exceeded by ten (10) dB(A) for a single period, no longer than fifteen (15) minutes in any one day.

(e) Any amplified sound equipment shall be mounted so as to direct sounds inward from properties, rather than outward towards property boundaries. Amplified sounds shall not be allowed to cross property lines unless a temporary use permit has been issued for that purpose in connection with a special event.

(f) Exclusions. This section shall not apply to:

(1) Agricultural operations utilizing equipment with normal silencing devices, home lawn maintenance machines and snow blowers that meet their respective product requirements;

(2) The emission of sound for the purposes of alerting persons of an emergency or emergency vehicle, construction or demolition activity, and the emission of sound in the performance of emergency work;

(3) Noises resulting from authorized public activities such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department who has been authorized this responsibility by Village Council; and

(4) Noises resulting from sports events authorized by the Board of Education, or private schools.

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

1133.05 VIBRATION.

No use or activity shall cause inherent and recurring generated vibration perceptible without instruments at any point along the property line. Temporary construction is excluded from this restriction. (Ord. 30-22. Passed 12-12-22.)

1133.06 ODORS.

(a) In all zoning districts except the PBP and HI Districts, the emission of odorous matter in such quantities as to produce a public nuisance or hazard outside the building is prohibited.

(b) In the PBP and HI Districts, the emission of odorous matter in such quantities as to produce a public nuisance or hazard shall not be detectable beyond the lot occupied by the use generating the emission.

(c) Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a zoning permit.

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

1133.07 AIR QUALITY / EMISSIONS.

(a) The emission of air pollutants shall not violate the standards and regulations of any local, state, or federal agency having jurisdiction in said matter. See also Chapter 1611 "Open Burning" of the Village's codified ordinances.

(b) To minimize off-site fugitive emissions, trucks carrying dry bulk materials are to be fully enclosed, or the cargo is to be enclosed within canvases, tarpaulins, or other method of confinement that fully covers the payload area of the truck. Alternatively, a crusting agent may be used to cover the cargo.

(c) Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas, or yards shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable treatment.

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

1133.08 HAZARDOUS MATERIAL AND WASTE HANDLING.

(a) All materials or wastes that might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, impermeable trash containers that are screened in accordance with the requirements of this Zoning Ordinance.

(b) Packing crates and other excess materials shall be regularly disposed of or stored and screened in accordance with the requirements of this Zoning Ordinance and shall not be permitted to accumulate on any lot.

(c) If liquid wastes are disposed of in containers, they shall be appropriate containers, and the wastes shall be removed from the site on a regular basis.

(d) Lubrication and fuel substances shall be prevented from leaking and/or draining onto the ground.

(e) Liquid waste or sewerage shall not be discharged into a reservoir, stream, or other open body of water or into a storm or sanitary sewer except as allowed by other codes of the Village of Elmore, County, State or similar jurisdictional authority.

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

1133.09 GLARE AND HEAT.

If the proposed activity or operation produces intense glare or heat, whether direct or reflected, that is perceptible from any point along the development's property lines, the operation shall be conducted within an enclosed building or with other effective screening sufficient to make such glare or heat imperceptible at the property line.

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

1133.10 ELECTROMAGNETIC RADIATION.

No use or activity shall create or operate an intentional source of electromagnetic radiation that does not comply with the then current regulations of the Federal Communications Commission regarding that type of electromagnetic radiation source. In case of governmental communications facilities, governmental agencies, and government owned plants, the regulations of the interdepartmental Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation.

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

1133.11 NUCLEAR RADIATION.

No use or activity shall cause radiation at any property line that violates any regulation of the United States Nuclear Regulatory Commission.

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

1133.12 COMPLIANCE WITH FLOOD PROTECTION STANDARDS.

Flood protection standards shall be as provided in Chapter 1311 "Flood Damage Reduction" of the Village's Codified Ordinances. The uses permitted within flood prone areas shall be as provided in this Ordinance. The requirements of Chapter 1311 shall be enforced as "overlay" regulations, which impose additional development restrictions on properties located in flood prone areas, beyond the restrictions normally placed upon such properties by this Zoning Ordinance.

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

1133.13 WETLAND REGULATIONS.

Wetlands that are required to be retained by the Army Corps of Engineers or the Ohio Environmental Protection Agency (OEPA) shall be protected by the following:

(a) A buffer area shall be established having a minimum width of twenty (20) feet measured from the edge of the designated wetland. The area within this buffer shall not be disturbed and shall be retained in its natural state. During construction, this buffer shall be fenced off to prevent disturbance of this required buffer area.

(b) All buildings and pavement shall be set back a minimum of thirty-five (35) feet from the edge of the designated wetland.

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

1133.14 ENFORCEMENT.

Where determinations can be made by the Zoning Administrator or other authorized Village employee, using equipment normally available or obtainable without extraordinary expense, such determinations or evaluation shall be made whenever possible before a notice of violation is issued. Where technical complexity or extraordinary personnel or equipment is required to make the determination, the Zoning Administrator may, in the case of the offenses under this section, require the owner to either obtain and pay for an independent survey or share in the cost of an independent survey from a professional engineer experienced in the particular specialty. (Ord. 30-22. Passed 12-12-22.)

1135.01 PURPOSE.

The purpose of building design standards is to ensure the exteriors of both new construction and new additions to existing buildings are well designed, detailed, and crafted to embody high standards of architectural design and to ensure the long-term viability of structures in the Village. This purpose shall be supported and accomplished through the use of the standards of this chapter. (Ord. 30-22. Passed 12-12-22.)

1135.02 APPLICABILITY.

The development standards of this chapter shall apply to:

(a) Multi-family Development. All multi-family development containing three or more dwelling units.

(b) Nonresidential Development. All nonresidential development in the Residential and Business Zoning Districts.

(c) Building Design Standards for PUDs. Multi-family and nonresidential development development in a PUD shall be subject to the standards of this chapter unless otherwise modified through the PUD review and approval process.

(d) Accessory Building Exception. Accessory buildings located behind the principal building or when located at least sixty (60) feet from a public street are exempt from these standards. Accessory buildings 400 square feet or less are also exempt.

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

1135.03 BUILDING DESIGN REVIEW PROCEDURE.

(a) New Buildings. The building design of new buildings shall be reviewed and approved in accordance with the requirements of this chapter as part of the site plan review provisions of Chapter 1157 "Site Plan Review."

(b) Expansions to Buildings. For buildings existing prior to the effective date of this Zoning Ordinance, major building improvements or expansions that require site plan approval may be permitted without a complete upgrade to meet the standards of this chapter, provided there are reasonable improvements to the building in relation to the scale and construction cost of the building improvements or expansion. Major exterior renovations shall be consistent with the building design standards herein to the extent deemed practical.

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

1135.04 BUILDING DESIGN STANDARDS FOR MULTI-FAMILY DWELLINGS.

(a) Applicability. The standards of this section shall apply to all structures that contain three (3) or more dwelling units.

(b) Design of Facades. Front facades shall incorporate variation in mass through one (1) or more of the following methods every fifty (50) feet of façade frontage:

(1) Wall offsets in the form of projections and/or recesses in the façade plane. Wall offsets shall have a minimum depth of two (2) feet;

(2) Bay windows;

(3) Façade color changes;

(4) Use of pilasters, columns, or other detailing to articulate the facades; or

(5) Roofline changes when coupled with correspondingly aligned façade material changes.

(c) Building Material. A minimum of fifty percent (50%) of all facades shall be constructed of brick, stone, wood, or other natural materials. The use of cultured stone, brick veneer, cementitious materials, or other fabricated materials that resemble natural materials is also permitted, excluding vinyl siding. The remaining fifty percent (50%) of facades may be constructed with any sturdy building material, including vinyl.

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

1135.05 BUILDING DESIGN STANDARDS FOR NONRESIDENTIAL BUILDINGS.

(a) Applicability. The standards of this subsection shall apply to all non-residential structures in the Residential and Business Zoning Districts.

(b) General Nonresidential Building Requirements.

(1) Building Orientation. Buildings shall be parallel to the street they front unless an alternate orientation is consistent with existing adjacent development.

(2) Primary Entrances. The primary entrances of buildings shall be oriented:

A. Towards a street along the perimeter of the development; or

B. Towards streets or roadways in the interior of the development if none of the building's facades has frontage on a public street; or

C. As approved under the site plan review provisions of Chapter 1157 "Site Plan Review."

(3) General Building Façade Requirements. Building facades shall comply with the following standards.

A. Blank building walls facing streets are prohibited;

B. Rear and side facades, if visible from public streets, shall have a similar architectural treatment as utilized on the primary or front façade; and

C. These requirements shall not apply to those walls that are not visible from a street and only visible from an alley, or the rear yard of another nonresidential site.

(c) Unified Theme. Where there are multiple buildings within a single development, the architectural design of buildings, including freestanding outparcel structures, should be organized around a consistent architectural theme in terms of the character, materials, texture, color, and scale of buildings. Themed restaurants, retail chains, and other franchise-style structures should adjust some aspects of their standard architectural model to be consistent with a development's architectural character.

(d) Infill Development. All new development or redevelopment shall be compatible with the established architectural character of the surrounding area utilizing a building design and style that is complementary to the surrounding uses and structures. Compatibility may be achieved through the repetition of similar rooflines, similar proportions in relation to height, size, scale and mass, similar door and window patterns, building materials and color, and building orientation.

(e) Building Transparency. Building elevations that are visible from a public street should dedicate a minimum of twenty-five percent (25%) of the length of the front façade to windows or transparent entrances.

(f) Design of Façades.

(1) Offset Required. Front façades sixty (60) feet wide or wider shall incorporate wall offsets of at least two (2) feet in depth (projections or recesses) a minimum of every forty (40) feet. Each required offset shall have a minimum width of twenty (20) feet.

(2) Offset Alternatives. The following alternatives can be used in place of the required front façade offsets:

A. Façade color changes following the same dimensional standards as the offset requirements;

B. Pilasters having a minimum depth of one (1) foot, a minimum width of one (1) foot, and a minimum height of eighty percent (80%) of the façade's height; and/or

C. Roofline changes when coupled with correspondingly aligned façade material changes.

Figure 1135-A: Illustration of How the Facade Offset Provisions may be applied

(g) Roof Line Changes.

(1) Roofline changes shall include changes in roof planes or changes in the top of a parapet wall, such as extending the top of pilasters above the top of the parapet wall.

(2) When roofline changes are included on a façade that incorporates wall offsets or material or color changes, roof line changes shall be vertically aligned with the corresponding wall offset or material or color changes.

Figure 1135-B: Illustration of Roof Line Changes

(h) Building Design and Mass. All architectural elevations of principal buildings shall consist of a base, a body, and a cap.

(1) The base shall occupy the lowest portion of the elevation.

(2) The body shall occupy the middle portion of the elevation.

(3) The cap shall occupy the highest portion of the elevation and shall consist of at least one of the following architectural features: a cornice, parapet, awning, canopy, or eaves.

(4) The base and cap shall be clearly distinguishable from the body through changes in color, material, pattern, profile, or texture.

Figure 1135-C: Illustration Showing a Building Base and Cap

(i) Roofs.

(1) Roof Types. All roof types are permitted. When flat roofs are used a parapet wall having a three-dimensional cornice treatment shall conceal them.

(2) Roof Materials. Where any non-architectural roofing materials (e.g., tar and paper) are utilized, such roofing shall be concealed with parapet walls that have 3-dimensional cornice treatments or similar screening methods.

(3) Screening Rooftop Mounted Equipment. Roof-based mechanical equipment shall be screened from view of adjacent properties and public rights-of-way. The method of screening may include a parapet wall having a three-dimensional cornice treatment.

Figure 1135-D: Example of How to Screen Roof Mounted Mechanical Equipment

(j) Building Materials List.

(1) Combination of Materials. A combination of materials, textures, colors, and finishes shall be utilized to create visual interest.

(2) Primary Building Materials. Durable natural or natural-appearing building materials such as brick, stone, stucco, split face block, or other similar materials are preferred primary building materials. Durable synthetic building materials that convincingly match the appearance of natural building materials may be used as a primary building material. Non-durable building materials such as EIFS (Exterior Insulation and Finish System) may not be used within three feet of the finished grade or sidewalk.

(3) Accent Building Materials. In addition to the above materials, acceptable accent materials include decorative precast concrete block, metal, stone and glass block.

(4) Prohibited Primary Building Materials. The following are considered inappropriate primary building materials: aluminum or vinyl siding; exposed metal panels (such as corrugated metal); smooth-faced concrete blocks; smooth-faced tilt-up concrete panels, and wood sheet goods.

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

1135.06 EXEMPTIONS TO BUILDING DESIGN STANDARDS.

The Village may, through the site plan approval process, modify or exempt all or parts of the building design standards in this chapter upon findings that that the request will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would detract from the stated purpose of this chapter.

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

1137.01 PURPOSE.

The purpose of this chapter is to support the desired community character along property adjoining public right of way; assure adequate screening between incompatible uses; improve the appearance of off-street parking and other vehicular use areas; protect and preserve the appearance, character, and property values of the community; and increase storm water retention, thereby helping to prevent flooding.

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

1137.02 APPLICABILITY.

(a) Generally. No site plan shall be approved unless it shows landscaping consistent with the requirements of this chapter.

(b) Expansion. When a building or parking lot is enlarged, the requirements of this chapter apply on an incremental basis. This means that landscaping is required in the same proportion that the enlarged building area or off-street parking area has to the existing development (e.g., a ten percent (10%) increase requires ten percent (10%) of the required landscaping).

(c) Minimum Requirements. The requirements in this chapter are minimum requirements, and under no circumstances shall they preclude the developer and the Village from agreeing to more extensive landscaping.

(d) Exemptions. The requirements in this chapter shall not apply to single family and two-family dwellings and to five (5) or fewer parking spaces.

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

1137.03 INSTALLATION.

Landscaping required as part of this chapter shall be installed prior to issuance of a certificate of compliance or commencement of use, or at a different date mutually agreed to by the applicant and the Zoning Administrator. The Zoning Administrator may request a performance guarantee be posted.

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

1137.04 GENERAL REQUIREMENTS FOR SUBMISSION.

(a) Preparation by Qualified Professional. The landscape plan and shall be prepared by a licensed landscape architect, landscape designer, landscape contractor, horticulturalist, or Ohio Certified Nursery Technician.

(b) Required Information. The landscape plan shall include the location, botanical name, common name, quantity and size of all proposed plantings Additionally, the plan shall include summary plant schedules, charts and notes as necessary to clearly demonstrate conformance with all applicable planting requirements for the site.

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

1137.05 GENERAL LANDSCAPING STANDARDS.

(a) Existing Landscape Material.

(1) Unless otherwise noted, existing landscape material in healthy condition can be used to satisfy the requirements of this chapter in whole or in part provided they meet all requirements of this section.

(2) The Zoning Administrator shall have the authority to determine if any existing landscape material can be used to satisfy the requirements of this chapter.

(b) Vision Clearance.

(1) All landscaping shall be subject to the clear view standards established in Section 1131.06 "View Clearance."

(1) Walls and fences used to comply with the standards of this section shall also comply with Section 1115.15 "Fences Walls, and Hedges."

(2) Chain link fences with or without wooden or synthetic slat material shall not be allowed when used to satisfy the screening requirements of this chapter.

(d) Planting Standards. All plants utilized in the fulfillment of the requirements of this chapter shall meet the following requirements:

(1) Plant materials shall conform to the American Standard for Nursery Stock of the American Association of Nurserymen.

(2) Plant materials should consist of hardy, native and/or drought-tolerant vegetation to the maximum extent feasible.

(3) All planting materials shall be free of noxious weeds, disease, and pests.

(4) Street trees and any trees located within public rights-of-way or on publicly owned property shall be subject to the requirements of the Elmore Village Tree Committee.

(5) Vegetation shall comply with the minimum size requirements established in Table 1137-1. "Minimum Size Requirements for Vegetation."

Table 1137-1: Minimum Size Requirements for Vegetation
Vegetation Type	Minimum Size Requirement
Large Deciduous Trees (Canopy)	2.5-inch DBH
Small Deciduous Trees (Understory)	1.5-inch DBH
Evergreen Trees	6 feet in height when planted
Shrubs	1.5 feet in height when planted
Hedges	Size as needed so that the plant materials form a continuous, unbroken screen within one (1) planting season
DBH = Diameter at Breast Height

(6) Trees of species whose roots are known to cause damage to public roadways, sidewalks, or other public works shall not be planted closer than six (6) feet to such public works, unless the tree root system is completely contained within a barrier

(e) Species Diversity. To curtail the spread of disease or insect infestation in a new plantings, the overall landscape plan shall not contain more than thirty-three percent (33%) of any one (1) plant species, unless determined to be appropriate by the reviewing authority.

(f) Mounds. Slopes on earth mounds or berms shall be no greater than three to one (3:1) with a generally flat crest. Earth mounds or berms may vary in height and alignment with random plant material placements. Maximum height of mounds or berms in the front yard is three (3) feet.

(g) Artificial Plants. No artificial plant materials shall be used to satisfy the requirements of this chapter.

(h) Stormwater Facilities. Detention/retention facilities that are visible from a public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or native plants and grasses appropriate for the type of stormwater facility as well as ornamental fencing. (Ord. 30-22. Passed 12-12-22.)

1137.06 LANDSCAPING ALONG A STREET FRONTAGE.

(a) Applicability. A street frontage landscape buffer shall be required in all business districts except for the Central Business CB District, for all nonresidential development in residential districts, and for industrial development along a primary through route or primary local street.

(b) Planting Requirements. Where required, landscaping adjacent to streets shall comply with the planting requirements in Table 1137-2 "Landscaping Adjacent to Streets." For the purposes of computing length of road frontage, openings for driveways and sidewalks shall not be counted. Trees and shrubs may be planted at uniform intervals, at random, or in groupings.

Table 1137-2: Landscaping Adjacent to Streets
Type of Landscaping	Planting Requirements
Deciduous or Evergreen Tree	1 per 40 lineal feet of road frontage
Shrubs	8 per 40 lineal feet of road frontage

(c) Location and Dimensions. Required landscaping adjacent to streets shall be located totally on private property within a planting strip adjacent to the street right-of-way. The minimum width of the planting strip shall be fifteen (15) feet. All landscaping in the clear vision areas, adjacent to driveways, shall not exceed thirty-six (36) inches in height.

Example of Required Number of Plants

Length of Road Frontage: 250 feet minus 30-foot driveway = 220 feet

Deciduous or Evergreen Trees 220 ft./40 ft. = 6

Shrubs 220 ft./40 ft. x 8 = 44

TOTAL 50

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

1137.07 SCREENING REQUIREMENTS BETWEEN LAND USES.

(a) Intent. The intent of this section is to establish provisions for a visual screen or buffer between incompatible uses and to reduce the effects of glare from automobile headlights, noise and other objectionable activities conducted on a given lot.

(b) Applicability. Screening or buffering in compliance with the provisions of this section shall be provided for any permitted or conditionally permitted non-residential uses which abut any residential area in addition to setback and yard requirements provided elsewhere in this Zoning Ordinance.

(c) Yard or Setback Variance. Applicants for a zoning permit may request a variance from yard or setback requirements in conjunction with a plan for screening, which the Board of Zoning Appeals may consider by weighing the relationship of the proposed screening plan and the requested dimensional variance with respect to their joint impact upon neighboring properties. Such requested variance for a conditionally permitted use shall be incorporated in the conditional use procedure specified within this Zoning Ordinance.

(d) Purpose. Screening shall be provided for one (1) or more of the following purposes:

(1) A visual barrier to partially or completely obstruct the view of structures or activities.

(2) An acoustic screen to aid in absorbing or deflecting noise.

(3) A physical barrier to contain debris and litter.

(e) Screening. Screening shall consist of one (1) of the following, or a combination of two (2) or more, as determined by the reviewing authority (Council, Planning Commission, Board of Zoning Appeals, or the Zoning Administrator depending on the type of application):

(1) A solid masonry wall with deciduous or evergreen trees.

(2) A solidly constructed decorative fence with deciduous or evergreen trees.

(3) A louvered fence with deciduous or evergreen trees.

(4) Dense vegetative planting with evergreen trees.

(5) A landscaped mounding with deciduous or evergreen trees.

(f) Height. Height of screening shall be in accordance with the following:

(1) Visual screening walls, fences, plantings, or mounds shall be a minimum of six (6) feet high in order to accomplish the desired screening effect, except in required front yards where maximum height shall be not greater than three (3) feet. Planting shall be a minimum of four (4) feet in height at the time of planting.

(2) A dense vegetative planting with a minimum height of four (4) feet at planting and a mature height of at least six (6) feet or a solidly constructed decorative fence, shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent land zoned for residential uses, except for the portion of such boundary located within a required front yard.

(g) Minimum Planting Requirements. Unless otherwise specified, wherever a landscape screen is required, screening shall conform to Table 1137-3. See also illustrative Figure 1137-B.

Table 1137-3: Minimum Planting Requirements
Required Screening	Minimum Buffer Width	Deciduous or Evergreen Trees
Structural Buffer (Wall or Fence)	10 ft.	1 per 30 lineal ft.
Dense Vegetative Planting	20 ft.	2 rows staggered evergreen trees planted no more than 15 ft. on center
Landscape Mounding (may be a mound and fence)	Minimum width equal to total mound height times 3	Spaced no further than 15 ft. apart

Figure 1137-B: Illustrations of Screening Buffers

(h) Curbing Protection. Whenever required screening is adjacent to parking areas or driveways, such screening shall be protected by concrete curbing or an approved alternative to avoid damage by vehicles. See Section 1139.07(k) "Curbing and Wheel Stops."

(i) Maintenance. All screening shall be trimmed, maintained in good condition, and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles. (Ord. 30-22. Passed 12-12-22.)

1137.08 PARKING LOT LANDSCAPING.

In addition to required screening, all off-street parking areas, except in the Central Business CB district, shall be landscaped as follows:

(a) Landscaping Ratio. Off-street parking areas containing greater than ten (10) parking spaces shall be provided with at least ten (10) square feet of interior landscaping per parking space Landscaped areas may include water quality features such as bio-swales or wetlands, trees, grass, shrubs, and other plant material so as to cover the landscape area. See Figure 1137-C.

(b) Minimum Area. Landscaped areas in parking lots shall be no less than five (5) feet in any single dimension and no less than one hundred fifty (150) square feet in area. Locations shall be scattered throughout the parking area to break up large areas of pavement.

(c) Other Landscaping. Required landscaping elsewhere on the parcel shall not be counted in meeting the parking lot landscaping requirements.

(d) Required Plantings. Requirements for plant material shall be based on the location, size, and shape of the parking lot landscaped area. A minimum of one (1) shrub shall be planted per seventy-five (75) square feet or fraction thereof of interior parking lot landscaping, and one (1) tree shall be planted per three hundred (300) square feet or fraction thereof of interior landscaped area. At least fifty percent (50%) of each interior landscaped area shall be covered by living plant material, such as sod, shrubs, ground cover, or trees.

Figure 1137-C: Illustration of the landscaped areas (darkened landscaped islands) that count towards the minimum interior parking area requirement.

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

1137.09 MULTI-FAMILY LANDSCAPING REQUIREMENTS.

All lots or parcels of land used for multiple family developments shall comply with the following landscaping requirements:

(a) General Site Landscaping. A minimum of two (2) deciduous or evergreen trees plus four (4) shrubs shall be planted per dwelling unit. Unless otherwise specified, required landscaping elsewhere in the multiple family developments shall not be counted in meeting these requirements for trees.

(b) Parking Lot Landscaping.

(1) Off-street parking areas in the front or side yard shall be screened with a hedge not less than three (3) feet in height or more than four (4) feet in height. Hedges shall comply with specifications for maintenance of unobstructed sight distance for drivers in Section 1131.06 "View Clearance."

(2) Off-street parking areas containing greater than ten (10) spaces shall comply with the requirements for parking lot landscaping in Section 1137.08 "Parking Lot Landscaping."

(c) Privacy Screen. Where multiple family dwellings are designed so that rear open areas or patio areas front onto a public street, a landscaped privacy screen shall be provided. See Figure 1137-D. Such screen may consist of a combination of trees, shrubs, and berms, subject to review by the approving authority.

Figure 1137-D: Landscaped Privacy Screen for Multi-family next to Street.

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

1137.10 LANDSCAPE REQUIREMENTS FOR MOBILE HOME PARKS.

(a) General Site Landscaping. A minimum of two (2) deciduous or evergreen trees, plus, four (4) shrubs shall be planted for each mobile home lot. Deciduous trees may be planted between the curb and sidewalk, or in any other unpaved open area. Unless otherwise specified, required landscaping elsewhere in the mobile home park shall not be counted in meeting these requirements for trees.

(b) Landscaping Adjacent to Road. All mobile home park developments shall comply with the requirements for landscaping adjacent to the street in Section 1137.06 "Landscaping Along A Street Frontage."

(c) Screening Between Land Uses. All mobile home park developments shall comply with the requirements in Section 1117.06(e) "Required Setbacks, Buffer Strips and Screening for Manufactured Homes," Subsections (7) and (8).

(d) Landscaping Around Mobile Homes. Areas between or surrounding mobile homes, as well as other open areas, shall be covered with grass and landscaped with trees and shrubs. Any landscaping material used to satisfy the requirements of this subsection may also be counted toward meeting the requirements for general site landscaping specified above in Section 1137.10(a).

(e) Parking Lot Landscaping. Off-street parking areas containing greater than ten (10) spaces shall comply with the requirements for parking lot landscaping in Section 1137.08 "Parking Lot Landscaping." (Ord. 30-22. Passed 12-12-22.)

1137.11 SCREENING FOR DUMPSTER/TRASH AREAS.

(a) Applicability. All commercial, industrial, institutional, and multi-family residential uses that provide an exterior trash receptacle (dumpster) and/or garbage collection area shall provide a trash receptacle area.

(b) Screening. Trash areas shall be enclosed on all four (4) sides by a solid wall, fence, gate or landscaping of at least six (6) feet in height that provides an opaque screen to fully screen the facility from off-site views.

(c) Review. Such trash areas shall be designated on site plans and be exclusive of normal parking area requirements. Location of such areas shall be approved as part of the review process in Chapter 1157 "Site Plan Review."

Figure 1137-E: Example of Dumpster Screening

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

1137.12 SCREENING FOR LOADING, AND SERVICE AREAS.

(a) General Requirements. In addition to the other forms of required landscaping, screening shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from adjacent, less intense uses and from views from public rights-of-way. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material.

(b) Screened Items. The following areas shall be screened in accordance with this section:

(1) Off-street loading areas;

(2) Pipes, conduit, and cables associated with the building or use;

(3) Outdoor service area that is necessary to support common business operations (e.g., outdoor freezer or refrigeration units, storage units, etc.);

(4) Ground-level or façade-mounted mechanical equipment and utility structures; and

(5) Roof top equipment that is not otherwise hidden by the roofline, parapet wall, or other similar feature.

(c) Exemption. Screening shall not be required if any of the above items are not visible from adjacent rights-of-way or from adjacent residential lots.

(d) Screening Methods.

(1) The following items are permitted for use as screening materials, and more than one method may be used on a lot or site.

A. Vegetative materials that provide a fully opaque screen to the minimum height necessary to fully screen the facility from off-site views );

B. An opaque fence or wall six (6) in height; or

C. Integration into the building design (e.g., false walls).

(e) Configuration of Vegetative Materials.

(1) In cases where vegetative materials are used for screening in accordance with this subsection, the vegetative materials shall:

A. Be planted around the perimeter of the site feature to be screened in a manner that screens the site feature from all off-site views;

B. Be configured in two (2) staggered rows or other arrangement that provides maximum screening;

C. Be upright, large evergreen shrubs or hedge sand capable of reaching at least six (6) feet in height within three (3) years of planting; and

D. Be spaced no farther than three (3) feet on-center.

(2) All sides of the feature shall be screened with the exception that one (1) side of the feature may be screened with a gate or other similar feature to allow access while screening the feature when access is not necessary.

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

1137.13 MAINTENANCE.

(a) The owner of the property shall be responsible for the continued property maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse, debris, and weeds at all times.

(b) All screening shall be kept free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

(c) All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first.

(d) Violation of these installation and maintenance provisions shall be subject to the enforcement provisions of Chapter 1167 "Enforcement and Penalties."

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

1137.14 MODIFICATIONS TO LANDSCAPE REQUIREMENTS.

In consideration of the overall design and impact of a specific landscape plan, and in consideration of the amount of existing plant material to be retained on the site, the specific requirements outlined in this chapter may be modified, provided that any such adjustment is in keeping with the intent of this chapter and Zoning Ordinance in general. In determining whether a modification is appropriate, the approval authority shall consider whether the following conditions exist:

(a) Topographic features or other unique features of the site create conditions such that strict application of the landscape regulations would result in a less effective screen than an alternative landscape design.

(b) Parking, vehicular circulation, or land use are such that required landscaping would not enhance the site or result in the desired screening effect.

(c) The public benefit intended by the landscape regulations could be better-achieved with a plan that varies from the strict requirements of the Zoning Ordinance.

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

1139.01 PURPOSE.

The purpose of this chapter is to ensure that uses have a minimum level of off-street parking to avoid congestion on surrounding streets, promote greater safety of passage between highway and land, minimize the detrimental effects of off-street parking areas on adjacent properties, and establish provisions for stacking, loading and access control.

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

1139.02 APPLICABILITY.

No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this Zoning Ordinance.

(a) Existing Buildings. The provisions of this chapter, except where there is a change of use, shall not apply to any existing building or structure.

(b) Change in Permitted Use. A permitted use that does not meet the parking requirements of this chapter may be converted to another permitted use without full compliance with the required number of parking spaces provided:

(1) The applicant provides the maximum amount of parking, loading, or stacking spaces possible without being required to remove or partially remove a structure or required landscaping or buffers.

(2) If a structure or a portion of a structure is voluntarily removed, the resulting area shall be used to provide the additional parking, loading, or stacking spaces necessary towards fulfilling the minimum requirements of this chapter.

(c) Expansions and Enlargements. Structures enlarged so as to increase the floor area, seating capacity, dwelling units, or otherwise increasing the unit of measurement used to determine the number of required parking spaces by more than twenty-five percent (25%) shall provide additional off-street parking spaces necessary for the enlargement, but shall not be required to remove any pre-existing parking deficit for the structure and use prior to the enlargement.

(d) Downtown Parking Exemption. Parking is not required in the Central Business District (CB) zoning district except for the following uses: dwellings, and lodging.

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

1139.03 PARKING LOT PLAN REVIEW PROCEDURE.

(a) Whenever six or more vehicles are required for a given use under the requirements of this chapter, plans and specifications for the construction or alteration of an off-street parking area shall be submitted to the Zoning Administrator before a zoning permit can be issued. Such plans and specifications shall show the location, basis and capacity calculation, size, site design, surfacing, marking, lighting, drainage, curb cuts, entrances, exits, and any other detailed features essential to the complete design and construction of the parking area.

(b) A separate plan is not required if the parking lot plan is being submitted as part of a site plan under Chapter 1157 "Site Plan Review."

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

1139.04 REQUIRED PARKING SPACES.

(a) The following rules shall apply when computing parking spaces:

(1) On-Street Parking. On-street parking spaces shall not be counted toward off-street parking space requirements except as may otherwise be provided for in this Zoning Ordinance.

(2) Driveway Space Meeting Parking Requirements. Entrances, exits, or driveways shall not be computed as any part of a required parking lot or area, except in the case of single-family or two-family dwellings where driveways may be used in calculating the amount of off-street parking.

(3) Multiple Uses. Where a building or group of buildings on the same lot contains two (2) or more uses, the parking areas shall include a number of spaces that equals the combined total of parking spaces required for each individual use, except as otherwise allowed in this chapter.

(4) Area Measurements. All square footage-based parking standards shall be computed on the basis of gross floor area of all floors in the building.

(5) Bench Seating. In the case of benches, pews, and similar seating accommodations that do not have individual seats, each twenty-four (24) inches of length of seating shall be counted as one (1) seat for the purpose of determining the parking requirements.

(6) Electric Vehicle Charging Station Spaces. Parking spaces that are restricted or otherwise dedicated to and provided with equipment solely for the purpose of charging electric vehicles shall count towards the total number of required off-street parking spaces on a space for space basis where required. Such parking spaces shall meet all other code requirements.

(7) Parking Areas within a Structure. No parking spaces located within the interior of a structure (excluding parking garages) shall be counted in meeting the off-street parking requirements of this section except when located within a private garage, parking garage, or other facility designed for the parking of cars.

(8) Accessory and Temporary Uses. Accessory and temporary uses shall be exempt from off-street parking requirements unless specifically required in Section 1115.34 "Temporary Uses Not Listed."

(9) Unlisted Uses. Upon receiving an application for a use not specifically listed or addressed in Table 1139-1 in Section 1139.04 "Required Parking Spaces," the Zoning Administrator shall apply the parking standard specified for the listed use that the Zoning Administrator deems most similar to the proposed use in regard to use, size and intensity of use. If the Zoning Administrator determines that there is no listed use similar to the proposed use, intensity, or size, the Zoning Administrator may refer to the estimates of parking demand based on recommendations of the American Planning Association (APA), the Urban Land Institute (ULI) and/or the Institute of Traffic Engineers (ITE). The Zoning Administrator's decision regarding parking requirements for a specific use is appealable to the Board of Zoning Appeals as established in Section 1163.01 "Appeals."

(b) Number Of Spaces Required.

(1) This section defines the number of parking spaces required for each use within the Village.

(2) Additional reductions shall be permitted if the applicant provides off-site parking spaces, shared parking spaces, or deferred construction parking spaces as provided for in Section 1139.06 "Alternative Parking Provisions."

Table 1139-1: Number of Parking Spaces Required
Use	Number of Parking Spaces Required
Agriculture
Agriculture	No requirement
Farms	No requirement
Greenhouses and Nurseries (plant materials)	1 space per 300 square feet of indoor display and sales area
Residential
Single-family dwelling	2 spaces per dwelling unit
Two-family dwellings	2 spaces per dwelling unit
Multi-family dwellings	2 spaces per dwelling unit
Manufactured home park	2 spaces per dwelling unit
Adult family homes or Small residential facilities	1 space per 2 beds
Adult group homes or Large residential facilities	1 space per 2 beds
Nursing or Personal care facilities	1 space for each 2 beds and 1 space for each dwelling unit if any
Public and Institutional Uses
Cemeteries	1 space per 5 seats in a chapel or place of assembly
Community center, public	1 space for each three persons at maximum building capacity
Cultural institutions	1 space per 1,000 square feet of floor area
Day Care
Type A family day care home	2 spaces for every 10 children
Type B family day care home	2 spaces for every 10 children
Day care center (child or adult)	2 spaces for every 10 children or adults
Educational institutions (K-8)	2 spaces for each classroom and 1 for every 5 seats in auditoriums or assembly halls
Education institutions (9-12)	1 space for every 10 students and one for each teacher and employee
Educational institutions, higher	1 space for each two students

Essential services	1 space per 500 square feet plus 1 space per service vehicle
Government facilities	1 space per 500 square feet plus 1 space per service vehicle
Government offices	1 space per 400 square feet plus 1 space per service vehicle
Library	1 space per 1,000 square feet
Parks and playgrounds	Passive: 1 space per acre
Parks and playgrounds	Active: 1 space per three persons maximum capacity
Places of worship	1 space for each 5 seats
Wireless telecommunications facilities	No requirement
Accessory Uses
Accessory buildings and uses	No requirement
Home Occupation	No requirement
Roadside stand	See Section 1115.30 “Roadside Stand”
Swimming pool, private	No requirement
Commercial
Adult entertainment businesses	1 space per 200 square feet
Animal day care/animal grooming	1 space per 300 square feet
Bicycle shops	1 space per 300 square feet
Building Trades and Services	1 space for every 500 square feet of floor area
Business and Professional Offices	1 space for each 400 square feet
Business Service Establishments	1 space for each 400 square feet
Commercial Entertainment Facilities	1 space per 200 square feet or 1 space per 5 persons at maximum capacity, whichever is greater
Conference Centers, Banquet Facilities, Assembly Halls	1 space per 4 fixed seats or 1 space per 2 persons based on the maximum occupancy, whichever is greater
Drug store	1 space per 300 square feet
Eating and drinking establishments
Bar, tavern, cocktail lounge	1 space per 100 square feet

Café, doughnut and sandwich shops	1 space per 100 square feet
Craft or artisanal production of beer, liquor, or wine	1 space per 100 square feet
Drive in/Drive through restaurants	1 space per 100 square feet of floor area plus stacking requirements Sec. 1139.14
Restaurants (no drive-in/drive-through)	1 space per 100 square feet of floor area
Financial Institutions
Drive-through banks (stand-alone)	See Section 1139.14 “Drive-through stacking space requirements”
Financial institutions	1 space for every 400 square feet plus stacking requirements Sec. 1139.14
Food and Beverage Retail Sales
Farmers’ Market	1 space per booth; host property parking may apply if farmers market parking does not leave host use deficient
Food Preparation/specialty foods	1 space per 300 square feet
Grocery and convenience stores	1 space per 300 square feet
Supermarkets	1 space per 300 square feet
Food Pantries	1 space per 300 square feet, none required if accessory use
Food lockers	1 space per 300 square feet
Funeral home	1 space per 100 square feet in assembly areas
Garden and nursery center	1 space per 300 square feet of indoor display and sales area
Liquor store	1 space per 300 square feet
Lodging
Apartment hotel	1 space per rental unit
Bed and breakfast	1 space for each guest room plus 2 spaces for the owner
Motels and hotels	1 space per room, plus spaces required for associated uses
Lumber yards/building materials	1 space per 300 square feet of indoor display and sales area

Medical or Dental Clinics/Offices	1 space per 200 square feet
Monument sales	1 space per 300 square feet of indoor display and sales area
Personal service establishment	1 space per 300 square feet or 2 spaces per station/chair, whichever is greater
Radio and television studios	1 space for each 2 employees
Recreational Facilities
Recreational facility, commercial	Indoor: 1 space for each three persons at maximum building capacity
Recreational facility, commercial	Outdoor: 1 space per 500 square feet of customer/activity area
Golf Courses	4 spaces per hole plus any additional spaces required for associated uses such as restaurants and/or taverns.
Clubs (social, fraternal or athletic)	1 space per 300 square feet
Retail Commercial Uses	1 space per 300 square feet
Vehicle Sales and service
Vehicle service stations	1 space per 300 square feet of indoor floor area, plus 1.5 spaces per service bay (service bay may not be counted as a parking space)
Vehicle service station and convenience store combined	1 space per 300 square feet of indoor floor area, plus 1 space per fuel pump or service bay (service bay may not be counted as a parking space)
Auto, truck, RV, and motorcycle sales and service	1 space per 5,000 square feet of open sales area, plus 1 space per 500 square feet of enclosed sales area, plus 1.5 spaces per service bay
Farm implement sales	1 space per 5,000 square feet of open sales area, plus 1 space per 1,000 square feet of enclosed floor area
Machinery and heavy equipment rental, sales and storage	1 space per 7,500 square feet of open sales area, plus 1 space per 1,000 square feet of enclosed sales area, plus 1.5 per service bay
Vehicle repair shops	1.5 spaces per service bay
Car wash facilities (automatic and self-service)	See Section 1139.14 “Drive-through Stacking Space Requirements”
Veterinary offices/hospitals and kennels	1 space per 300 square feet

Industrial
Laundries, dry cleaning and dyeing plants	1 space per employee on the largest shift plus 1 space for each vehicle used in the business
Manufacturing, All types	1 space per employee on the largest shift, plus 1 space for each vehicle used in the business
Moving and storage companies	1 space per employee on the largest shift plus 1 space for each vehicle used in the business
Recycling Collection/Processing Facilities	1 space per employee on the largest shift plus 1 space for each vehicle used in the business
Research laboratories and facilities	1 space per employee on the largest shift plus 1 space for each vehicle used in the business
Self-service storage facilities	4 spaces plus 1 space per 250 rental units
Warehouse	1 space for each 1,000 square feet plus 1 per vehicle used in the business
Wholesale Sales and Distribution Centers (indoors)	1 space for each 1,000 square feet plus 1 per vehicle used in the business
Wholesale Sales and Distribution Centers (outdoors)	1 space per 2,500 square feet of outdoor space plus 1 per vehicle used in the business

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

1139.05 LOCATION OF PARKING SPACES.

The following regulations shall govern the location of off-street parking spaces and areas:

(a) Parking spaces for all detached residential uses shall be located on the same lot as the use which they are intended to serve.

(b) Parking spaces for commercial, industrial, or institutional uses shall be located not more than 300 feet from the principal use.

(c) Parking spaces for apartments, dormitories, or similar residential uses shall be located not more than 300 feet from the principal use.

(d) Private Garage Rental Exception. Not more than one (1) space is rented for parking to persons not residents on the premises.

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

1139.06 ALTERNATIVE PARKING PROVISIONS.

The following are optional methods of accommodating parking as an alternative to constructing an adequate number of parking spaces on an individual lot pursuant to this chapter. The use of one of these alternatives shall require review and approval under Chapter 1157 "Site Plan Review."

(a) Reduction of Required Parking for Joint Use of Parking Spaces.

(1) A reduction in the total number of required off-street parking spaces for two (2) or more uses jointly providing parking facilities may be approved when their respective hours of need of maximum parking do not normally overlap, provided that the developer submits sufficient data to demonstrate that the hours of maximum demand for parking at the respective uses do not normally overlap. The required spaces assigned to one use may not be assigned to another use at the same time.

(2) No joint parking area shall be located in a residential district.

(b) Deferred Parking Reduction for Elderly and Disabled Housing. Reduce the parking for dwelling units restricted for the elderly and disabled to one (1) space per unit plus an area on the site reserved for future parking to accommodate one (1) additional space per dwelling unit. This provision is intended only for new developments and projects that involve major remodeling.

(c) Additional Reductions in Parking. A reduction in the required number of parking spaces may be allowed if the applicant submits a parking demand study, prepared by a qualified parking or traffic consultant, substantiating the basis for granting a reduced number of spaces.

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

1139.07 PARKING DESIGN STANDARDS.

The following standards shall apply to the design and construction of off-street parking, loading, and stacking spaces and areas unless otherwise noted.

(a) Dimensions. The minimum size of a parking space may be altered based on aisle width and angle of parking. Parking stalls shall conform to the minimum standards set forth in Table 1139-2 and Figure 1139-A.

Table 1139-2: Parking Stall and Aisle Dimensions
Parking Angle Type (degree)	One Way Maneuvering Aisle Width (ft.) “A”	Two-Way Maneuvering Aisle Width (ft.) “A”	Parking Stall Width (ft.) “B”	Parking Stall Length (ft.) “C”
0/Parallel	12	20	10	23
45	13	20	10	19
60	18	22	10	19
90	22	24	9 or 10 [1]	20 or 18 [1]

Footnote

[1] Each required off-street parking space for passenger vehicles shall have a minimum area of one hundred eighty (180) square feet, measuring either nine feet (9') by twenty feet (20') or ten feet (10') by eighteen feet (18'), exclusive of aisles or drives and shall be designed for adequate ingress and egress.

Figure 1139-A: Illustration of parking angles and related dimensional references

(b) Paving.

(1) All off-street vehicular use areas shall be provided with a hard surface of asphaltic, bituminous cement, concrete, or other properly bound pavement so as to provide a durable and dustless surface, including private parking areas on residential lots. Areas surfaced with gravel, stone, dirt, lawn, landscaping, or other surface not expressly permitted by this Zoning Ordinance shall not be used for off-street vehicular use areas.

(2) Temporary parking permitted as part of a temporary use per Section 1115.34 "Temporary Use Not Listed" may be exempt from this section.

(3) Up to fifty percent (50%) of parking spaces may be constructed of a pervious surface as part of a site plan review under Chapter 1157 "Site Plan Review." The design of any areas surfaced with a pervious surface shall be reviewed by the Village Administrator. Failure to maintain the pervious surface in good working order as may be necessary dependent on the type of surface shall be considered a violation of this Zoning Ordinance subject to Chapter 1167 "Enforcement and Penalties."

(c) Drainage. All parking and loading areas shall be graded, drained, and provided with adequate drainage facilities so that adjacent properties and rights-of-way, including public sidewalks, shall not be subject to flooding by run-off water from the proposed parking area.

(d) Lighting. Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from the adjoining property in accordance with Section 1133.03 "Outdoor Lighting."

(e) Access and Maneuverability.

(1) Except for single-family and two-family dwellings, any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or into a public or private street shall be traveling in a forward motion. Access of driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such lot shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street.

(2) All ingress and egress to vehicular use areas shall be made through curb cuts. Curb openings at the property line shall not be more than:

A. Eighteen (18) feet wide in residential districts for single and two-family dwellings;

B. Thirty (30) feet wide in residential districts for multi-family dwellings;

C. Thirty-six (36) feet wide in business districts; and

D. Fifty (50) feet wide in industrial districts.

(3) Curb definitions shall be maintained, prohibiting continuous access along the frontage of a site.

(f) Signage. The entrances and exits to the parking area shall be clearly marked. Parking areas having more than one (1) aisle or driveway shall have directional signs or markings in each aisle or driveway.

(g) Striping. All parking areas with a capacity over six (6) vehicles shall be striped between stalls to facilitate the movement into and out of the parking stalls.

(h) Screening and/or Landscaping. Whenever a parking area is located in or adjacent to a residential use it shall be effectively screened on all sides which adjoin or face any property used for residential purposes, in accordance with Section 1137.07 "Screening Requirements Between Land Uses."

(i) Parking Area Capacity. No one area for off-street parking of motor vehicles shall exceed forty (40) cars in capacity. Separate parking areas on a parcel shall be physically separated from one another by ten (10) foot planting strips. See Section 1137.08 "Parking Lot Landscaping."

(j) Minimum Distance and Setbacks. No part of any parking area for more than six (6) vehicles shall be closer than twenty (20) feet to any dwelling unit, school, hospital, or other institution for human care located on an adjoining lot, unless separated by an acceptably designed screen in accordance with Section 1137.07 "Screening Requirements Between Land Uses." If on the same lot with a single-family residence, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than fifteen (15) feet to any street or four (4) feet to any alley right-of-way.

(k) Curbing and Wheel Stops.

(1) A concrete curb or approved alternative shall be provided around all sides of any parking lot of six (6) or more spaces to protect landscaped areas, sidewalks, buildings or adjacent property from vehicles that might otherwise extend beyond the edge of the parking lot. Curb openings are allowed for storm water drainage. Plantings shall be set back two (2) feet from curbs to allow for bumper overhang.

(2) Continuous curbs or approved alternative shall be located a minimum of four (4) feet from any structures, buildings, or walls to prevent a vehicle from hitting any structure at the edge of a parking area.

(3) When provided, wheel stops, or bumper guards shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space. (Ord. 30-22. Passed 12-12-22.)

1139.08 HANDICAPPED PARKING SPACES.

Handicapped parking spaces shall be provided as required by the Ohio Basic Building Code and shall include all necessary markings, striping and signage.

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

1139.09 BICYCLE PARKING.

When bicycle parking accommodations are provided on a site, they shall be located in an area adjacent to the building and separate from vehicular or pedestrian (sidewalk) traffic circulation so as to prevent traffic conflicts and safety hazards between vehicles, people, and bicyclists. (Ord. 30-22. Passed 12-12-22.)

1139.10 MAINTENANCE.

The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash, and other debris.

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

1139.11 PARKING AND STORAGE OF VEHICLES WITHOUT CURRENT PLATES.

Automobile vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. However, boat, travel trailers and utility trailers may be stored in the rear yard if they have a current license. See Section 1139.12 "Parking and Storage of Recreational Vehicles."

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

1139.12 PARKING AND STORAGE OF RECREATIONAL VEHICLES.

Parking of recreational vehicles, boats, boat trailers, campers, motor homes, competition vehicles, snowmobiles, dune buggies, and jet skis on all residentially zoned land shall be subject to the following regulations:

(a) Parking of recreational vehicles, boats and boat trailers is permitted between April 1, and October 31 of each calendar year in any yard, provided that the vehicle, boat or boat trailer is not closer than five (5) feet to any lot line.

(b) Parking of recreational vehicles, boats and boat trailers is not permitted between November 1 and March 31 of each year, except in a rear yard, and then only if the vehicle, boat or boat trailer is not closer than five (5) feet to any lot line.

(c) The Zoning Administrator shall consider the following conditions and the like, as exemptions to Section 1139.12 (a) and (b):

(1) Any paved or concrete driveways which existed prior to passage of this Section 1139.12 which are closer than five (5) feet to a lot line.

(2) Properties which have no rear yard.

(3) Properties which have no access to a rear yard where there is not enough separation between the residence and lot lines for movement of the RV, boat or boat trailer and that residence has no alley behind which abuts the rear yard which would allow for access and parking of the RV, boat or boat trailer.

(d) No combination of boat, trailer and/or recreational vehicle shall be parked in any residential area which exceeds a total length of forty (40) feet.

(e) No recreational vehicle, boat or boat trailer shall be parked when any portion of it extends from private property on to a sidewalk or street or alley.

(f) Penalty for violation of any of the foregoing rules is contained in Section 1167.06 "Penalty." (Ord. 30-22. Passed 12-12-22.)

1139.13 PARKING OF COMMERCIAL VEHICLES.

(a) In residential zoning districts no more than one (1) commercial vehicle per dwelling unit can be parked or stored; and the commercial vehicle permitted cannot exceed two (2) tons capacity.

(b) The parking or outdoor storage of commercial motor vehicles, semi-trailers, and/or buses is prohibited in any right-of-way unless specifically authorized by the Village of Elmore Codified Ordinances or by the Zoning Administrator.

(c) In all nonresidential zoning districts, the parking or the outdoor storage of commercial motor vehicles shall be subject to use regulations and outdoor display and storage regulations of the applicable zoning district.

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

1139.14 DRIVE THROUGH STACKING SPACE REQUIREMENTS.

Vehicle stacking spaces for drive through facilities shall be provided according to the following provisions:

(a) Number. The number of required stacking spaces shall be as provided for in Table 1139-3.

Table 1139-3: Stacking Space Requirements
Commercial Use	Minimum Stacking Spaces per Lane	Measured from
Financial institution	3	Teller or Window
Automated Teller Machine ATM	3	Teller Machine
Restaurant	6	Pick-up Window
Full Service Automotive Washing Establishment	6	Washing Bay
Self-service Automotive Washing Establishment	2	Washing Bay
Fuel or Gasoline Pump Island	2 (per side)	Pump Island
Electric Vehicle Charging Station	As determined by the Village Administrator
Other	As determined by the Village Administrator

(b) Variations. The Village Administrator may permit variations from these minimums when he/she finds that such modifications would not adversely affect the functionality of the parking area and the safety of those that use it. The Village Administrator may require stacking spaces in excess of the minimum when he/she finds that the proposed facility would cause traffic to back-up on a public thoroughfare.

(1) Minimum Dimensions. Each queue space shall be at least ten (10) feet in width and twenty (20) feet in length.

(2) Stacking spaces shall be separated from other internal driveways by surface markings or raised medians.

Figure 1139-B: Illustrative Stacking Requirements

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

1139.15 LOADING SPACE REQUIREMENTS AND DIMENSIONS.

(a) Size. A loading space shall have minimum dimensions of not less than twelve (12) feet in width, fifty (50) feet in length, exclusive of driveways, aisles, and other circulation areas, and a height clearance of not less than fifteen (15) feet.

(b) Number.

(1) Off-street loading space shall be provided and maintained on the same lot for every separate occupancy if that occupancy requires the delivery of goods in accordance with the schedule set forth in Table 1139-4 "Off-Street Loading Requirements."

Table 1139-4: Off Street Loading Requirements
Gross Floor Area of Structure (square feet)	Number of Required Loading Spaces
0 - 10,000	0
10,001 to 50,000	1
50,001 - 100,000	2
100,001 - 200,000	3
Each additional 100,000	1

(2) The requirements of Table 1139-4 "Off-Street Loading Requirements" may be reduced or waived during site plan review and approval under Chapter 1157 "Site Plan Review" based on documentation from the applicant demonstrating that due to the specific uses, the number of loading spaces is not required.

(1) All loading spaces shall be set back a minimum of fifty (50) feet from all residential lot lines unless completely enclosed by building walls, a uniformly painted solid fence or wall, or any combination thereof, that has a minimum height of six (6) feet.

(2) Loading spaces shall only be permitted in the rear yard except in the Planned Business Park and Industrial districts where they may be located in any yard except those that have frontage on a primary through route or primary local street. The Zoning Administrator may waive this requirement through an administrative waiver and where mounding and vegetation is provided to help screen the loading areas.

(3) Each required off-street loading/unloading space shall be designed for direct vehicular access by means of a driveway, or driveways, to a public street, provided, however, that loading/unloading shall not be from the public right of way except in situations of existing commercial facilities in the CB Central Business district where no other opportunity for loading/unloading exists. (Ord. 30-22. Passed 12-12-22.)

1139.16 MOBILITY AND SIDEWALKS.

(a) Sidewalks Along a Public Street.

(1) Any use or building subject to the provisions of this chapter and established after the effective date of this Zoning Code shall be required to provide a minimum of four (4) foot wide sidewalk along all public streets for the full length of street frontage.

(2) Any established use or building that is expanded more than fifty percent (50%) of the existing floor area after the effective date of this Zoning Code shall be required to install a minimum of four (4) foot wide sidewalk along all public streets for the full length of street frontage.

(3) All sidewalks shall meet the sidewalk specifications of the Village.

(4) Sidewalks shall be maintained in good condition in accordance with Chapter 901 "Sidewalks" of the Elmore Codified Ordinances.

(b) Walkway Connections to Public Sidewalks.

(1) There shall be one (1) internal continuous walkway of at least four (4) feet in width that provides a direct connection from the public street to the primary customer entrance or to the sidewalk along a multi-tenant building.

(2) This walkway may be located in a landscape median within a parking lot.

(3) At a minimum, all internal pedestrian walkways shall be constructed of a surface that is visually distinct from the parking area surface by use of pavers, scored or stamped concrete, or bricks. Applicants are strongly encouraged to physically separate internal walkways from the vehicular circulation drives.

(4) All walkways shall be maintained in good condition.

(5) Walkways shall meet design requirements of the Americans with Disabilities Act.

(6) Crosswalks shall be provided across drive aisles and access lanes to connect walkways.

(c) Exceptions. Where unusual or exceptional factors or conditions require a modification of this section, such sidewalks may be waived, in whole or in part as part of the site plan review process. (Ord. 30-22. Passed 12-12-22.)

1139.17 TRAFFIC IMPACT STUDY.

(a) Purpose. The purpose of a Traffic Impact Study (TIS) is to provide information to the Village to allow for an assessment of the impact major development projects will have on the Village's transportation network. The study provides guidance for site access, on-site circulation, parking, and off-site improvements necessary to permit the street system to operate at a satisfactory level of service.

(b) Applicability. A TIS for a proposed development shall be submitted with the site plan, preliminary plat, or PUD plan when the development meets any of the following criteria:

(1) The proposed development generates 100 or more added new peak hour trips to and/or from the site during the adjacent roadway's peak hours or during the development's peak hour, and the proposed development generates more than 1,000 trips daily.

(2) The Village Administrator determines that other conditions exist in the vicinity of the proposed development that may be negatively impacted by the development. Final determination of such conditions shall be determined by the Village Administrator.

(3) The Village Administrator may waive the requirement for a TIS based on his or her initial review of the proposed use and information available on the streets adjacent to the subject property.

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

1139.18 TRAFFIC ACCESS MANAGEMENT.

(a) Purpose. Control over the number and location of access points, as specified in this section, along the Village's major roadways is necessary to reduce congestion, improve safety, maintain acceptable flow and minimize confusion.

(b) Applicability.

(1) The standards of this section shall apply to all development having frontage on and direct access to any primary through route or primary local street within the Village of Elmore.

(2) Single-family and two-family residential uses and development in the Central Business (CB) District shall be exempt from the provisions of this section.

(1) Each parcel shall have not more than two (2) access drives from each abutting street unless otherwise permitted below. This may be reduced to one (1) access drive during the site plan review process when it is in the interest of good traffic operation.

(2) One (1) additional access drive may be permitted for lots that have 200 or more feet of frontage on one (1) street.

(3) An additional access drive for lots that have more than 500 feet of frontage may be permitted during the site plan review process when it is in the interest of good traffic operation.

(4) Curb cuts on corner lots must be set back the maximum distance feasible from the adjacent intersections.

(5) Insofar as practical, the use of common drives by two (2) or more uses shall be encouraged to reduce the number of such access points.

(d) Driveway Spacing, Opposite Side of Street. In order to prevent conflicting left-turn movements, connections on opposite sides of primary through routes or primary local streets shall be directly opposite each other or offset by a distance of a minimum of 150 feet, The spacing shall be measured from edge of pavement to edge of pavement between the two closest edges of the driveways. See Figure 1139-C Illustrative Driveway Spacing.

Figure 1139-C: Illustrative Driveway Spacing

(e) Review of Access Control. In reviewing site plans which involve the creation, or substantially increased utilization of, commercial driveways access points onto primary through routes and primary local streets, the following may be required as part of the site plan review process:

(1) Provision of Reserved Turning Lanes. At those access points where the Village determines, after Village Administrator review and recommendation, that vehicles turning to and from the primary through routes and primary local streets will have a substantially negative effect on the roadway capacity, reserved turn lanes shall be constructed by the developer.

(2) Provision of Frontage Road. When deemed needed and feasible, after Village Administrator review and recommendation, the Village may require the construction of a frontage road. However, access to the primary through routes or primary local streets via an intersecting street or a common driveway shall be investigated if such a design is not reasonable.

(f) Modification of Requirements. Given the variation in existing physical conditions along the Village's streets, modifications to the spacing and other requirements above may be permitted as part of the site plan review.

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

1141.01 PURPOSE.

The purpose of this chapter is to promote and protect the public health, safety, and welfare of the Village through a comprehensive system of reasonable, effective, consistent, and nondiscriminatory sign standards and requirements. These sign regulations are intended to protect property values, enhance the visual attractiveness of the Village, promote harmonious development, and preserve the scenic and natural beauty of designated areas. It is also the intent, through the provisions herein, to give recognition to the legitimate needs of businesses, industry, and other activities in attaining their identification and informational objectives. Similarly, these sign regulations will help protect the character of the Village's residential neighborhoods by discouraging encroachment of signage that undermines the intended character of these areas. It is further intended to have these sign regulations reduce sign clutter, distractions and obstructions that may contribute to traffic accidents and the elimination of safety hazards that may be caused by overhanging or projecting signs over the public right-of-way.

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

1141.02 SIGN PERMIT REQUIRED.

No sign shall be erected, moved, or structurally altered without first obtaining approval either with an individual permit or as part of another application within which the sign is only one (1) portion of the project. This includes all new signs, all alterations of existing sign structures and changes of sign messages when one business replaces another and uses the same sign structure.

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

1141.03 PROHIBITED SIGNS.

The following signs are forbidden in any district:

(a) Signs that incorporate flashing or moving lights that cause a nuisance, exclusive of changeable copy and electronic/digital message center signs.

(b) Snipe signs attached to any utility pole, tree, hedge, or fence.

(d) Projecting signs that exceed to or into the public right-of-way, except as permitted within the Central Business district in Section 1141.09 "Signs Permitted in Business Districts."

(e) Temporary signs that are provided with electrical power.

(f) Unsecured temporary signs constructed of metal, cardboard, and hard plastic that are not securely fastened to a permanent structure or are not securely anchored to the ground as determined by the Zoning Administrator.

(g) Abandoned signs.

(h) Roof top signs.

(i) Signs located in the public right-of-way except as addressed in Subsections 1141.04 (f)(2) and 1141.09 (d).

(j) Off premise signs, except as allowed for a special event or condition in Section 1141.07 "Temporary Signs."

(k) Billboard Signs.

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

1141.04 EXEMPTED SIGNS.

The following signs are exempted from obtaining a sign permit.

(a) Historical plaques, building cornerstones, and date constructed stones not exceeding four (4) square feet in area.

(b) Any sign erected and maintained for any governmental function or regulation.

(d) Non-illuminated signs associated with home occupations provided they do not exceed six (6) square feet.

(e) Directional signs such as "Enter", "Exit", warning or directing the viewer of action or action to be taken on private property, if not located in a public right-of-way and less than nine (9) square feet. All other such signs shall require a sign permit.

(f) Sandwich board signs in the Neighborhood, General, and Central Business districts. Such signs shall only identify the business where it is located and/or products or services available therein.

(1) No off-premise signs permitted.

(2) Such signs shall be placed between the building façade and the sidewalk when space allows. Signs in the Central Business district may encroach upon the public sidewalk provided an unobstructed walkway is reserved for public passage.

(3) Such signs shall not exceed three (3) feet in height and two (2) feet in width.

(4) Sandwich board signs shall be placed indoors at the close of business each day.

(5) No materials such as papers, balloons, windsocks, mirrors, reflective material, lights or mechanical, electronic, or other moving parts may be added to the signs.

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

1141.05 SIGN AREA MEASUREMENT.

(a) The surface area of a sign shall be computed as including the entire display area within a regular geometric form, or combination of regular, geometric forms, comprising all the display area of the sign and including all the elements of the matter displayed, together with any material or color used to differentiate the sign from the environment or surroundings in which it is placed.

Figure 1141-A: Sign Area Shape

(b) Structural members or base foundations of monument signs bearing no sign copy shall not be included in sign measurement.

(c) In computing the area of a double-faced freestanding sign, only one (1) side shall be considered in the calculation of the area provided that the two display surfaces are joined at an angle not greater than fifteen (15) degrees. If greater than fifteen (15) degrees, both sides are counted as sign area.

(d) In computing the area of a sign comprised of multiple faces, the surface area of the sign is equal to one-half (1/2) of the total surface area.

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

1141.06 MAINTENANCE AND ABANDONMENT.

All signs shall be properly maintained. Exposed surfaces shall be clean and painted if required. Defective parts and/or deteriorated structural members shall be repaired or replaced. Any sign no longer in use or outdated shall be removed. If, within thirty (30) days after notification by the Zoning Administrator, an abandoned sign is not removed, the Village has the right to remove such sign and assess the cost to the business, person, agent, or owner having the beneficial use of the building, structure, lot, or sign.

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

1141.07 TEMPORARY SIGNS.

Such signs are for a limited time of display for a special event or condition and not affixed or installed on a permanent basis to a structure, building or to the ground.

(a) For business, recreational, and industrial districts a temporary sign may not exceed forty (40) square feet.

(b) For public/governmental/institutional/non-profit uses in residential districts a temporary sign may not exceed thirty-two (32) square feet.

(c) Temporary signs in residential districts are limited to no more than three (3) freestanding yard signs with a maximum aggregate sign face of twenty-four (24) square feet. Such signs may not exceed six (6) feet in height.

(d) Temporary window signs in business and industrial districts located on the surface of or inside the display window cannot cover more than twenty percent (20%) of the display window area and lighted only by using the building's illumination.

(e) No temporary sign shall be located within the public right-of-way except for those in the Central Business District upon review and approved by the Zoning Administrator as outlined in Subsection 1141.04 (f)(2).

(f) Temporary signs must be promptly removed within thirty (30) days after the event or condition.

(g) All temporary signs shall require a permit, but no fee.

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

1141.08 SIGNS PERMITTED IN RESIDENTIAL AND RECREATIONAL DISTRICTS.

The following signs are permitted in the following residential and recreational districts: Rural Residential, Low Density, Medium Density, High Density, Manufactured Home Parks, and Recreational:

(a) Non-illuminated, residential nameplates not greater than two (2) square feet mounted on the residence.

(b) Non-illuminated signs associated with home occupations provided they do not exceed six (6) square feet and are affixed to the structure.

(c) In the Rural Residential district, one sign advertising the sale of products raised or produced on the premises providing it does not exceed twenty-four (24) square feet.

(d) Temporary signs for public/governmental/institutional/non-profit use as outlined in Section 1141.07(b).

(e) Temporary signs as outlined in Section 1141.07(c).

(f) Residential Development/Subdivisions, Business Parks and Manufactured home parks may display one identification sign not exceeding twenty-five (25) square feet on the premises.

(g) Bed and breakfast homestays may display one (1) unlighted sign not exceeding three (3) square feet attached to and parallel to the front wall of the building. Such sign is designed to identify rather than to advertise.

(h) Changeable copy/Digital/Electronic Message Centers for public/governmental/institutional/non-profit uses in residential districts with the following stipulations:

(1) Such signs must be monument in construction with a height not to exceed ten (10) feet in height and a sign face not exceeding twenty-four (24) square feet.

(2) The electronic sign message shall be static and can only change once every five (5) seconds.

(3) The electronic sign shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.

(4) The brightness level shall not increase by more than 0.3-foot candles (or 3.23 lumens per square meter or lux over ambient levels) as measured using a foot candle meter at a preset distance.

(5) The procedure and distances for measurement of brightness shall be established by the International Sign Association's "Recommended Night-time Brightness Levels for On-premises Electronic Message Centers."

(6) The owners of such signs shall include a signed letter accompanying their sign permit application, certifying that they will comply with the prescribed brightness limitations set by this ordinance.

(7) All electronic message centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

(8) No electronic message center shall be permitted within one-hundred (100) feet of and facing the front lot of residentially zoned lot.

(9) Such signs shall be accessory in use and the display messages shall only include activities/events/services that occur on the premises and not advertise or promote off-site businesses, products, or services.

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

1141.09 SIGNS PERMITTED IN BUSINESS DISTRICTS.

The following signs are permitted in the following business districts: Professional Office Business; Neighborhood Business; General Business; Planned Business Park; and Central Business.

(a) Signs within the business districts must identify and advertise bonafide businesses that offer merchandise, products, and services conducted on the premises.

(b) Fascia or wall signs shall not project more than two (2) feet from the nearest part of the building except as specifically permitted within certain districts.

(d) Projecting signs shall be permitted in the General Business District with the following provisions:

(1) Projection signs overhanging into the public right-of-way must be within three (3) feet of the curb line.

(2) No projection signs, with the exception of marquee signs and canopies providing shelter, shall overhang more than one-third (1/3) of the sidewalk width.

(e) The sign area for permanent signs shall be limited to an area not to exceed one and one-half (1½) square feet per one (1) lineal foot of building width, but not to exceed two-hundred (200) square feet. Any wall signage allowance that will be placed on a canopy or awning shall not cover more than fifty percent (50%) of any awning or canopy.

(f) Free standing signs serving an individual business, or a group of businesses shall be permitted as long as the total sign area does not exceed one-hundred (100) square feet. A free standing sign shall not be over thirty (30) feet in height from grade. Additionally, the sign must be located at least twenty (20) feet, or the height of the sign, which ever is greater, from any street, right-of-way or adjoining lot line.

(g) Free standing or pole signs used for vehicle service stations shall be permitted in the General Business district with the following provisions:

(1) No part of the sign shall project into the right-of-way of any street or highway.

(2) The support structure of such a sign shall be setback at least twenty (20) feet from any public right-of-way.

(3) The maximum area of any one (1) face of such sign located within the front yard shall not exceed fifty (50) square feet.

(4) The pole/support of the sign shall not be less than fifty (50) feet from any lot in any residential district.

(h) A business may opt to install a digital/electronic message center sign in lieu of a free standing sign with the following stipulations:

(1) The digital/electronic message center must be constructed monument style.

(2) Electronic messages shall be static and can only change once every five (5) seconds.

(3) The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.

(4) The brightness level shall not increase by more than 0.3 foot candles (or 3.23 lumens per square meter or lux over ambient levels) as measured using foot candle meter at a pre-set distance.

(5) The procedure and distances for measurements of brightness shall be established by the International Sign Association's "Recommended Night-time Brightness Levels for On-premise Electronic Message Centers."

(6) The owners of such signs shall include a signed letter accompanying their sign permit application certifying that they will comply with the prescribed brightness limitations set by this ordinance.

(7) All electronic message centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

(8) No digital/electronic message center shall be permitted within one-hundred (100) feet of and facing the front lot line of a residentially zoned lot.

(9) No digital/electronic message center shall exceed twenty-four (24) square feet of sign space, exclusive of the monument structure and the overall structure cannot exceed ten (10) feet in height.

(i) Sandwich board signs as delineated in Section 1141.04 (f).

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

1141.10 SIGNS PERMITTED IN INDUSTRIAL DISTRICTS.

The following signs are permitted in the Light Industrial and Heavy Industrial Districts.

(a) Fascia or wall signs that do not project more than two (2) feet from the nearest part of the building except as specifically permitted within certain districts.

(b) Fascia or wall signs located on corner buildings may have two (2) such signs one (1) for each street side.

(c) The sign area for permanent signs shall be limited to an area not to exceed one and one-half (1½) square feet per one (1) lineal foot of building width, but not to exceed two-hundred (200) square feet. Any wall signage allowance that will be placed on a canopy or awning shall not cover more than fifty percent (50%) of any awning or canopy.

(d) Free standing signs serving an individual industry, or a group of businesses shall be permitted as long as the total sign area does not exceed one-hundred (100) square feet. A free standing sign shall not be over thirty (30) feet in height from grade. Additionally, the sign must be located at least twenty (20) feet, or the height of the sign, whichever is greater, from any street, right-of-way or adjoining lot line.

(e) An industry may opt to install a digital/electronic message center sign in lieu of a free standing sign with the following stipulations:

(1) The digital/electronic message center must be constructed monument style.

(2) Electronic messages shall be static and can only change once every five (5) seconds.

(3) The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.

(4) The brightness level shall not increase by more than 0.3 foot candles (or 3.23 lumens per square meter or lux over ambient) levels as measured using foot candle meter at a pre-set distance.

(7) All electronic message centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

(8) No digital/electronic message center shall be permitted within one-hundred (100) feet of and facing the front lot line of a residentially zoned lot.

(9) No digital/electronic message center shall exceed thirty-two (32) square feet of sign area, exclusive of the monument structure and the overall structure cannot exceed fifteen (15) feet in height.

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

1141.11 NONCONFORMING SIGNS.

(a) Intent. It is the intent of this Zoning Ordinance to permit the continuance of a lawful use of any sign existing at the effective date of adoption of this chapter, although such sign may not conform to the provisions of this chapter. It is also the intent that nonconforming signs shall not be enlarged upon, expanded or extended. Sign face changes of nonconforming signs, however, are permitted if the replacement is of equal size or less of the existing nonconforming sign and no structural or foundation work of the existing nonconforming sign is changed or altered as evidenced in writing by a third party entity (i.e., a sign company) acceptable by the Zoning Administrator. Nonconforming signs shall be maintained in good condition consistent with applicable property maintenance and building code provisions. Further, it is the intent that nonconforming signs shall be gradually eliminated and terminated upon their natural deterioration or accidental destruction. The continuance of all nonconforming signs within the Village shall be subject to the conditions and requirements set forth herein.

(b) Change or Modification. An existing nonconforming sign may be changed or modified subject to approval from the Board of Zoning Appeals (BZA). In reviewing such cases, the BZA must find that specific circumstances are consistent with Section 1163.02(d) "Factors to be Considered for Variances," and that the proposed changes reduce the degree of nonconformity.

(c) Destruction. Should such sign be destroyed by any means to an extent of more than fifty (50) percent of its appraised replacement cost, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance.

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

1141.12 NON-COMMERCIAL MESSAGE OR GRAPHIC.

Non-commercial signs are permitted in all zoning districts and may be substituted for any sign expressly allowed or regulated under these Codified Ordinances. Non-commercial signs are subject to the same requirements and restrictions on size, type, placement and other conditions and specifications as applied to the sign being substituted.

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

1141.99 PENALTIES.

(a) The Village has the authority to remove any temporary sign improperly located after the adoption of these regulations. If any sign is installed, placed, or altered on any property prior to receipt of a required permit, a fine of not more than one-hundred dollars ($100.00) shall be imposed. Each day such violation continues after receipt of a violation notice, shall be considered a separate offense.

(b) Signs erected outside the provisions of this chapter may be removed by the Village. The cost of removal and storage of such signs will be assessed back to the property owner or the business of individual who receives the advertising benefit of the sign.

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

Elmore Village City Zoning Code

TITLE FIVE

Development Standards

1131.01 DISTANCE MEASUREMENTS.

Unless otherwise expressly stated, distances specified in this Zoning Ordinance are to be measured as the length of an imaginary straight line joining those points.

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

1131.02 AREA MEASUREMENTS.

The area includes the total horizontal surface area within the subject area's boundaries.

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

1131.03 REDUCTIONS IN LOT AREA PROHIBITED.

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

1131.04 CONVERSION OF DWELLINGS.

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

1131.05 GENERAL YARD REQUIREMENTS.

(a) Yard Measurements.

(1) The minimum front yard depth shall be measured on the perpendicular from the street right-of-way line to the building setback line. See Figure 1131-A.

Figure 1131-A: Measurement of front yard setback

(3) The minimum side yard width and rear yard depth shall be measured on the perpendicular from the lot lines to the nearest point of the principal building. See Figure 1131-C.

Figure 1131-C: Typical yard locations for an interior lot

(4) Corner lots shall comply with the minimum front yard depths on both streets. See Figure 1131-D.

Figure 1131-D: Typical yard locations for a corner lot

(5) Double fronting lots shall comply with the minimum front yard depths on both streets. See Figure 1131-E.

Figure 1131-E: Yard locations on double frontage lots

(6) Cul-de-Sac or Curved-Street Lot.

A. For a cul-de-sac lot or a lot abutting a curved street, the front-yard setback shall follow the curve of the front property line (lot line). See Figure 1131-F.

B. On a cul-de-sac roadway, knuckle, or eyebrow, the required street frontage shall be required and measured at the street right-of-way on the curve of the cul-de-sac, knuckle, or eyebrow.

Figure 1131-F: Setback line of a lot with frontage on a curved street or cul-de-sac

(d) Handicap Ramps. ADA compliant handicap ramps, excluding handrails, not extending above the floor level of the ground story may be located in any yard.

(e) Fences, Hedges and Walls. See Section 1115.15 "Fences, Hedges and Walls."

(f) Garages or Other Accessory Buildings. See Section 1115.02 "Accessory Buildings and Structures."

(g) Use of Front Yard. Front yards in all districts shall be landscaped.

(i) Multiple Lots in Common Ownership.

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

1131.06 VIEW CLEARANCE.

Figure 1131-G: Clear view triangle for traffic safety.

Figure 1131-H: Front Yard Vision Clearance

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

1131.07 HEIGHT MEASUREMENT AND EXCEPTIONS.

Figure 1131-I: Building Height Measurement

(b) Exceptions to Height Limits. Upon approval by the Board of Zoning Appeals height limitations stipulated in this Zoning Ordinance may be permitted to a greater height for the following .

(1) Barns, silos or other agricultural buildings or structures on farms;

(2) Church spires, belfries, cupolas and domes, monuments, water towers, masts, and aerials;

(3) Parapet walls extending not more than four (4) feet above the limiting height of the building;

1131.08 GENERAL SITE DEVELOPMENT STANDARDS.

(a) Generally. Other than that permitted by the provisions of this Zoning Ordinance no building shall be erected, converted, enlarged, reconstructed, or structurally altered:

(1) To exceed the maximum height; or

(2) To accommodate or house a greater number of families; or

(3) To occupy a greater percentage of lot area; or

(4) To have narrower or smaller rear, front, or side yards than are specified herein for the district in which such building is located.

(b) Principal Building.

(1) No more than one principal building shall be permitted on any one (1) lot unless otherwise specifically stated in the Zoning Ordinance.

(3) No principal building shall be erected on a lot which does not abut on at least one street by its full frontage.

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

1131.09 SITE DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS.

The following Table 1131-1 establishes the minimum site development standards for residential base zoning districts. For the R-4 district see Chapter 1117 "Manufactured Home Park District."

Table 1131-1: Lot, Area, Density and Dimensional Requirements for Residential Districts
	Zoning District
	R-R				R-1R-2R-3
	Farm	Single Family	Single Family	Single Family	Single Family	Two Family	Multi Family
Dwelling Units per Gross Acre	0.2	1	2.9	4.3	6	7.2	10
Minimum Lot Area (ft.)	5 acres	1 acre	15,000 s.f.	10,000 s.f.	7,200 s.f.	12,000 s.f.	4,356 s.f.
Minimum Lot Width (ft.)	300	150	100	80	60	80	100 [1]
Minimum Lot Depth (ft.)	120	120	120	120
Front Yard Setback (ft.)	50	50	40	35	35	35	35
Rear Yard Setback (ft.)	40	40	25	25	25	25	30
Side Yard, Setback (ft.), both sides	20	20	10	10	10	10	15
Maximum Stories	2 ½	2 ½	2 ½	2 ½	2 ½	2 ½	2 ½
Maximum Height (ft.)	35	35	35	35	35	35	35
Maximum Lot Coverage (percentage)	30	30	30	30	30	30	30

Table Notes

[1] For first 4 units, 2.5 feet for each additional unit.

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

1131.10 DWELLING FLOOR AREA REQUIREMENTS.

Table 1131-2: Minimum Floor Area For Dwelling Units
Building Type	Dwelling Type	Minimum Floor Area by Zoning District (square feet)
Building Type	Dwelling Type	R-R	R-1	R-2	R-3
One-Story Buildings	Single family dwelling without basement	900	900	900	900
	Single family dwelling with basement	900	900	900	900
	Dwelling without basement			900	900
	Dwelling on first floor with baement			900	900
One and one-half story building	Single family on first floor	750	750	750	750
	Single family on both floors excluding basement	1,150	1,150	1,150	1,150
	Dwelling on first floor			750	750
	Dwelling on both floors excluding basement			1,150	1,150
Two-Story Building	Single family on first floor	750	750	750	750
	Single family on both floors excluding basement	1,100	1,100	1,100	1,100
	Dwelling on first floor			750	750
	Dwelling on both floors excluding basement			1,100	1,100
Multi-level buildings	Single family dwelling [1]	1,250	1,250	1,250	1,250
Multi-level buildings	Dwelling [1]			1,250	1,250
Multi-family dwellings	Efficiency suite dwelling unit				500
	One bedroom dwelling unit				575
	Two bedroom dwelling unit				750
	Four or more bedroom dwelling unit				1,500

Table Notes

[1] With a minimum lot coverage of 900 square feet, excluding basements.

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

1131.11 SITE DEVELOPMENT STANDARDS FOR BUSINESS AND INDUSTRIAL DISTRICTS.

The following Table 1131-3 establishes the minimum site development standards for business and industrial zoning districts.

Table 1131-3: Lot Area and Dimensional Requirements for Business and Industrial Districts
	Zoning District
	NB	GB	CB	POB	PBP	L-I	H-I
Min. Lot Area	20,000 s.f.	3/4 acre	10,000 s.f.	15,000 s.f.	None	2 acres	2 acres
Dwelling Units per Gross Acre	na	na	15	na	na	na	na
Min. Lot Width (ft.)	100	100	None	80	None	200	200
Front Yard Setback (ft.)	40	75	None	50	50	100	100
Rear Yard Setback (ft.)	25	40	20	35	35	75	75
Side Yard Setback, both sides (ft.)	10	12	None	10	25	25	25
Side Yard setback abutting a street (ft.)	40	40	None	25		100	100
Yard setback for lot lines abutting a residential zone (ft.)[1]	25	50				100	150
Max. Height (ft.)	35	35	35	35	35[2]	35	35
Max. Lot Coverage (percent)	40	30	75	30	30	40	40

Table Notes:

[1] Yard shall remain open, unoccupied by any principal or accessory building, and landscaped in accordance with Chapter 1137 "Landscaping and Screening."

[2] Structures may exceed 35 feet provided that:

a. The site will have a maximum building floor area/lot ratio 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.)

1133.01 PURPOSE.

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

1133.02 APPLICABILITY AND COMPLIANCE.

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

1133.03 OUTDOOR LIGHTING.

(2) Seasonally decorative outdoor lighting is exempt from the requirements of this section.

(4) Lighting required by the federal, state or local law shall be exempted from the standards of this section.

(1) Glare Reduction.

A. All on-site lighting of buildings, lawns, parking areas and signs shall be shielded and arranged to reduce glare and to reflect light away from all adjacent property, public roads and highways.

Figure 1133-A: Illustration of shielded lighting.

B. No outdoor lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of drivers or pedestrians.

(3) Building Ornamentation and Accentuation. Utilization of lighting to accentuate key architectural elements of a building or development is permitted provided that:

A. In no case shall such lighting flash or blink intermittently.

(d) Illumination Standards and Measurement.

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

1133.04 NOISE.

All uses shall comply with the following noise standards.

(a) A sound-level meter shall be used to measure decibel level.

(b) Noise levels shall be measured at the lot line.

Table 1133-1: Maximum Noise Levels
Use Occupancy Category	Time	Sound Level Limit dB(A)
Residential	7 a.m. - 10 p.m.	50
Residential	10 p.m. - 7 a.m.	45
Commercial, Business, Institutional	7 a.m. - 10 p.m.	65
Commercial, Business, Institutional	10 p.m. - 7 a.m.	55
Manufacturing, Industrial, Agricultural	At all times	75