Gates Mills City Zoning Code
TITLE FIVE
Zoning
1151.01 INTERPRETATION; LOT OR YARD AREAS; CONFLICTS.
(a) In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. The lot or yard areas required by this Zoning Code for a particular structure shall not be diminished and shall not be included as a part of the required lot or yard areas of any other structure. The lot or yard areas of structures existing at the time of the passage of this Zoning Code shall not be diminished below the requirements herein provided for structures hereafter erected, and such requirements as to areas shall not be included as a part of the required areas of any structure hereafter erected.
(b) This Zoning Code shall not repeal, abrogate, annul or in any way interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of structures or premises, nor shall this Zoning Code interfere with, abrogate or annul any easements, covenants or other agreements between parties. However, where this Zoning Code imposes a greater restriction upon the use of structures, or premises or upon the height of structures, or requires larger yards than are imposed or required by such existing provisions of law or ordinance or by such rules or regulations or by such easements, covenants or other agreements, the provisions of this Zoning Code shall control. (Ord. 2248. Passed 12-5-87.)
1151.02 COMPLETION AND RESTORATION OF EXISTING BUILDINGS.
Nothing contained in this Zoning Code shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within fifty days of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of such permit, and which entire building shall be completed according to such plans, as filed, within two years from the date of the passage of this Zoning Code. Nothing in this Zoning Code shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the passage of this Zoning Code, or prevent a change of such existing use under the limitations provided in Section 1157.08. Nothing in this Zoning Code shall prevent the restoration of a wall declared to be unsafe by the Building Official.
(Ord. 450. Passed 6-13-38; Ord. 2014-03. Passed 4-8-14.)
1151.03 AMENDMENTS.
Council may, from time to time, upon its own motion or upon petition, after public notice and hearing, amend the regulations and districts herein established. Every such proposed amendment shall be referred by Council to the Planning and Zoning Commission for report. Any such amendment that has failed to receive the approval of the Commission shall not be passed by Council except by a three-fourths vote. If a protest against such amendment is presented duly signed and acknowledged by the owners of twenty percent of the land within such area proposed to be altered, such amendment shall not be passed except by a three-fourths vote of Council. If such amendment will transfer an area to a less restricted use, height or area district, and a protest is presented duly signed and acknowledged by the owners of twenty percent of the land adjacent to and within 200 feet from such area proposed to be transferred, and within a more restricted use, height or area district than the district in which such area is proposed to be transferred, such amendment shall not be passed except by a three-fourths vote of Council.
Whenever the owners of fifty percent of the land in any area shall present a duly signed and acknowledged petition to Council, requesting an amendment of the regulations prescribed for such area, it shall be the duty of Council to vote upon such amendment within ninety days after the filing of the same by the petitioners with the Clerk.
If any area is hereafter transferred to another district by a change in the district boundaries by amendment as provided in this section, the provisions of this Zoning Code with regard to buildings or premises existing at the time of the passage of this Zoning Code shall apply to buildings or premises existing in such transferred areas at the time of the passage of such amendment.
(Ord. 450. Passed 6-13-38.)
1151.04 SEPARABILITY.
The sections, subsections, districts and building lines forming part of or established by this Zoning Code and the several parts, provisions and regulations thereof are hereby declared to be independent sections, subsections, districts, building lines, parts, provisions and regulations, and the holding of any such section, subsection, district, building line, part, provision or regulation to be unconstitutional, void or ineffective for any class shall not affect or render invalid any other such section, subsection, district, building line, part, provision or regulation of this Zoning Code.
(Ord. 450. Passed 6-13-38.)
1151.05 DEFINITIONS.
As used in this Zoning Code, words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot"; and the word "structure" includes the word "building". In addition, unless otherwise provided or unless the context indicates otherwise:
(a) "Accessory structure" means a subordinate structure which is customarily incidental to and located on the same lot as the main or primary structure, such as a detached garage or utility building within a residential zoning district, provided that an accessory structure shall not encroach upon the front yard. An accessory structure shall not contain more than 100 percent of the first floor area of the main structure.
(b) "Accessory use" means a subordinate use which is customarily incidental to, and located on the same lot as, the main or primary use, such as, but not limited to, the use of a private family swimming pool, man-made ponds, a tennis court or a paddle tennis court within a residential zoning district, provided that an accessory use shall not encroach upon the front yard. An accessory use shall not contain more than 100 percent of the first floor area of the main structure.
(c) "Drive-in restaurant" means an eating establishment where the primary function is the service of food, frozen desserts or beverages prepared for consumption away from the premises (premises, as used herein, being a wholly enclosed building containing the kitchen and storage areas) by means of either a drive-through, drive-up or walk-up service regardless of limited table service or outdoor service on a patio or deck. The lack of a waiter or waitress service, the percentage of table space compared with the food preparation area and the manner of food disbursement shall all be considered in determining whether a proposed operation is a drive-in restaurant under this Zoning Code.
(d) "Established grade" means the elevation of the street as fixed by the Village.
(e) "Family" means one or more individuals living and cooking together on the premises as a single housekeeping unit, but such term shall not include a group of individuals occupying structures such as a dormitory house, a sorority house, a fraternity house, a convent, a monastery, or any similar educational, religious, philanthropic or nonprofit establishment.
(f) "Front yard" means an open unoccupied space on the same lot with a structure between the front line of the structure and the front line of the lot.
(Ord. 2248. Passed 12-5-87.)
(g) "Height of a structure" means the vertical distance, measured from the established grade, or from the natural grade if higher than the established grade, to the highest point of the structure facing the street.
(Ord. 2581. Passed 1-11-94.)
(h) "Least dimension" of a yard means the least of the horizontal dimensions of such yard. If two opposite sides of a yard are not parallel, the horizontal dimensions between them shall be deemed to be the mean distance between them.
(i) "Lot" means a parcel of land occupied by one structure and the accessory structures or accessory uses customarily incident to it, including such open spaces as are required by this Zoning Code and such open spaces as are arranged and designed to be used in connection with such structure.
(j) "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the structure.
(k) "Nonconforming use" means one that does not comply with the regulations of the use district in which it is situated.
(l) "Public notice" of a hearing or proceeding means ten days notice of the time and place thereof printed in a newspaper of general circulation in the Village.
(m) "Rear yard" means an open unoccupied space on the same lot with a structure between the rear line of the structure and the rear line of the lot.
(n) "Restaurant" means an eating establishment where food, frozen desserts or beverages are prepared and served by a waiter or waitress at tables or counters for consumption within a wholly enclosed building or contiguous outdoor area, any provision for take- out service of food being incidental.
(o) "Side yard" means an open unoccupied space on the same lot with a structure, situated between the structure and the side line of the lot and extending through from the street or from the front yard to the rear yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.
(p) "Single-family dwelling" and "dwelling" mean a detached structure arranged, intended or designed to be occupied by a single family. A house of two stories shall consist of not less than 2,000 square feet on the ground floor and not less than 24,000 cubic feet of free living space. A house of one story shall consist of not less than 3,000 square feet on the ground floor and not less than 24,000 cubic feet of free living space. "Free living space" is space bounded by inner walls, floors and ceilings, exclusive of basement area, garage, porches, utility room and other outside accessory enclosures.
A basement is required containing not less than 500 square feet, such basement having not less than six feet, six inches in the clear from finished cellar floor to the underside of the joists of the first floor. Basement requirements may be waived by the Architectural Board of Review if, in the judgment of the Board, the owner is caused undue hardship and expense due to the nature of the subsoil condition, and where the topography of the land does not permit proper drainage for basement footing drains.
Dwellings without a basement are required to have a utility room on the ground floor containing not less than 200 square feet in addition to the ground floor area hereinabove prescribed.
(q) "Street line" means the dividing line between the street and the lot.
(r) "Zoning Code" means Ordinance 450, passed June 13, 1938, as amended.
(Ord. 2248. Passed 12-5-87.)
1153.01 ENFORCEMENT; BOARD OF ZONING APPEALS.
(a) This Zoning Code shall be enforced by the Building Inspector under the rules and regulations of the Board of Zoning Appeals. The Planning and Zoning Commission is hereby constituted a Board of Zoning Appeals for the purpose of this Zoning Code.
(b) All meetings of the Board of Zoning Appeals shall be public. The Board shall keep minutes of its proceedings, show the vote of each member upon every question or, if absent or failing to vote, indicate such fact. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code. Any decision of the Building Official made in the enforcement of this Zoning Code may be appealed to the Board by any person claiming to be adversely affected by such decision.
(Ord. 2433. Passed 6-11-91; Ord. 2014-03. Passed 4-8-14.)
1153.02 APPEALS; NOTICE.
Upon receipt of an appeal, the Board of Zoning Appeals shall send notice by registered mail, return receipt requested, of the filing thereof to all abutting and adjoining property owners and others considered by the Board to be affected by the appeal. A reasonable time, not less than ten days, shall be allowed for a reply from the property owners before action is taken by the Board. Such notice shall be sent to the address of the property owner(s) appearing on the County Auditor's current tax list or the Village Treasurer's current mailing list. The failure of delivery of such notice shall not invalidate the action of the Board. However, if, due to inadvertence, a property owner to whom notice should have been sent is not notified, such property owner may protest the Board's action and the Board may reconsider and revoke its prior action if the applicant is not prejudiced by the Board's action.
(Ord. 2433. Passed 6-11-91.)
1153.03 VARIANCES.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, the Board of Zoning Appeals shall have the power to vary in a specific case any such provision in harmony with its general purpose and intent so that the public health, safety and general welfare may be secured and substantial justice done. In addition, an application for an area variance need not establish unnecessary hardship, but must show practical difficulties. The factors to be considered and weighed by the Board in determining whether a property owner seeking an area variance has encountered practical difficulties in the use of his or her property include, but are not limited to:
(1) Whether the property will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services;
(5) Whether the property owner purchased the property with knowledge of the zoning restriction;
(6) Whether the property owner's predicament can be obviated through some method other than a variance;
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(Ord. 2433. Passed 6-11-91.)
1153.031 TIME LIMITATION FOR CONSTRUCTION IN CONNECTION WITH VARIANCES.
Failure of an applicant to commence substantial construction or action with regard to a variance approval within eighteen months of receiving approval of the variance and to complete such construction or action within thirty-six months of receiving approval of the variance shall automatically render the granting of the variance by the Board of Zoning Appeals null and void.
(Ord. 3062. Passed 5-23-00.)
1153.04 CERTIFICATES OF OCCUPANCY.
(a) No land shall be occupied or used and no structure hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy has been issued by the Building Official, stating that the structure or proposed use thereof complies with the provisions of this Zoning Code.
(b) A certificate of occupancy shall be applied for coincident with the application for a building permit. A certificate of occupancy must also be applied for at any time the owner of such land or structure desires to change the use of such land or structure. The determination of whether such a certificate shall be issued shall be made within five days after the building permit has been approved, or within thirty-one days after the application for a certificate of occupancy, whichever period is later.
(c) No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy first being issued by the Building Official therefor.
(d) The Building Official shall maintain a record of all certificates and of all nonconforming uses, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.
(e) No permit for the excavation, erection, alteration or repair of any structure shall be issued until an application has been made for a certificate of occupancy.
(Ord. 2248. Passed 12-5-87; Ord. 2014-03. Passed 4-8-14.)
1153.99 PENALTY.
The owner of any structure or premises or part thereof, where anything in violation of this Zoning Code shall be placed or shall exist, and any architect, builder or contractor who may be employed to assist in the commission of any such violation, and all persons or corporations who or which violate any of the provisions of this Zoning Code or fail to comply therewith, or with any requirements thereof, or who or which build in violation of any detailed statement of plans submitted and approved thereunder, shall be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 2248. Passed 12-5-87.)
1155.01 USE DISTRICTS; MAP.
(a) For the purpose of regulating and restricting the location of trades, commercial establishments, single-family houses and other uses of property, the number of square feet of lot area per family housed, the width of lots, the location and size of yards and the height of buildings, the Village is hereby divided into two classes of use districts, termed respectively Class U1 or Single-Family House Districts and Class U2 or Commercial Districts; into one class of height district, termed Class H1; and into four classes of area districts, termed respectively Class A1, A2, A3 and A4, all as shown on the Zone Map which accompanies this Zoning Code and which is hereby declared to be a part of this Zoning Code.
(b) The use, height and area districts designated on such Zone Map are hereby established. The Map designations and the Map designation rules which accompany such Map are hereby declared to be a part thereof.
(Ord. 2248. Passed 12-5-87.)
1155.02 CONFORMITY REQUIRED.
No structure or premises shall be erected or used in the Village except in conformity with the regulations herein prescribed for the use, height and area districts in which such structure or premises are located.
(Ord. 2248. Passed 12-5-87.)
1157.01 CLASSIFICATION OF USES.
For the purpose of this Zoning Code, the various uses of structures and premises are divided into groups, classes and subdivisions, as set forth in the following classification of uses:
(a) Class U1 Uses (Single-Family House).
(1) Single-family dwelling.
(b) Class U2 Uses (Commercial).
(1) Banks, but excluding drive-in banking facilities.
(2) Administrative, business, financial or professional offices, or an artist's studio.
(3) Retail business and service establishments to the following limited extent:
A. The manufacture and sale of baked goods, manufacturing being limited to goods for retail sales on the premises;
B. The sale of dairy products, beer, wine, delicatessen, fruits, vegetables, groceries, meats, candy, dry goods and variety merchandise;
C. The sale of wearing apparel and accessories;
D. The sale of china, floor coverings, hardware, materials and objects for interior decorating, furniture (including incidental upholstering), jewelry and hobby supplies;
E. The sale of books, magazines, newspapers, cigars, drugs, flowers, music, photographic goods and stationery;
F. Restaurants, food catering establishments where the food is delivered off the premises to the consumer, and places for the sale and consumption of soft drinks, juices or ice cream, except that drive-in restaurants shall not be permitted;
G. Barber and beauty shops.
(4) Shops for custom work and crafts or the making of articles to be sold only at retail on the premises.
(5) Motor vehicle service station, but excluding any car-washing bays.
(c) Class U3 Uses (Commercial - Special Permit).
(1) Advertising sign not to exceed six square feet.
(2) Enclosed warehouse for building materials, contractor's equipment, lumber, wood or household goods.
(3) Wholesale sales office or sample room.
(4) Any public utility not included in a Class U1 or U2 use.
(5) Churches and other buildings for the purpose of religious worship.
(6) Governmentally owned and/or operated buildings and facilities.
(7) Greenhouses and nursery.
(8) Private or parochial schools and colleges.
(9) Country clubs.
(10) Electric sub-station.
(11) Any use not included in a Class U1 or U2 use, and not prohibited as a Class U4 use, which is in general keeping with the uses authorized for a Class U2 or U3 use district.
(d) Class U4 Uses (Prohibited).
(1) Manufacturing or industrial operations of any kind, other than a Class U2 or U3 use.
(2) Scrap iron or junk storage; scrap paper or rag storage; refuse dump.
(3) Reduction of offal or dead animals.
(4) Storage of explosives.
(5) Wholesale produce market or salesroom.
(6) Slaughtering of fowl or animals.
(7) Crematorium, funeral home or mortuary.
(8) Any other use or operation which creates noxious or offensive odors or fumes or unsanitary conditions, or which endangers the health, comfort or safety of the public.
(9) Helistop, which for the purpose of this Zoning Code, means an area which is used for the landing, loading and taking off of helicopters, including facilities for maintenance, fueling or storage of helicopters.
(10) Any agricultural use which generates annual revenues in excess of two thousand dollars ($2,000.00). For the purposes of this Code, “agricultural use” shall mean any use of land described in Section 5713.30 of the Ohio Revised Code, irrespective of whether a tract, lot or parcel of land is devoted exclusively to such use but excluding nursery stock and greenhouse-grown plants.
(Ord. 2018-39. Passed 12-11-18; Ord. 2019-06. Passed 4-9-19.)
1157.02 U1 SINGLE-FAMILY HOUSE DISTRICT.
(a) In a Class U1 District, no structure or premises shall be used, and no structure shall be erected which is arranged, intended or designed to be used, for a Class U2, U3 or U4 use, or for any use other than a Class U1 use.
(b) In a Class U1 District, no structure shall be used, and no structure shall be erected which is arranged, intended or designed to be used, as a semi-detached single-family dwelling or as a double house or as any other type of multi-family dwelling.
(c) In a Class U1 District, no single-family dwelling shall be rented for a period of less than thirty (30) days.
(Ord. 2019-37. Passed 2-11-20.)
1157.03 ACCESSORY USES IN U1 SINGLE-FAMILY HOUSE DISTRICT; NEW STANDARDS.
(a) An accessory use customarily incident to a Class U1 use shall also be permitted in a Class U1 District, provided such accessory use is located upon the same lot with the structure or use to which it is accessory.
(b) In a U1 District, a private garage permitted as an accessory building shall not provide storage for more than four motor vehicles.
(c) (EDITOR'S NOTE: This subsection was repealed by Ordinance 2704, passed August 13, 1996. See Chapter 1167 for provisions relating to signs.)
(d) In a Class U1 District, a private driveway or walk used for access to a Class U2 use shall in no case be permitted as an accessory use.
(e) A store, trade or business shall not be permitted as an accessory use except that the office of a person engaged in a professional occupation may be located in the dwelling used by such professional as his or her private residence, and except that any person carrying on a customary home occupation may do so in a dwelling used by him or her as his or her private residence, provided that no persons, other than members of his or her own household, are employed in such office or occupation and that no window display or signboard is used to advertise such occupation.
(f) An accessory structure may be erected as an integral part of a principal structure or it may be connected thereto by a breezeway or other similar structure.
(g) An accessory structure may be erected detached from the principal structure. No detached accessory structure shall be erected in any yard except a rear yard or a side yard. It may not be closer than fifty feet from lot lines on a lot created after the effective date of this section (December 31, 1998), or on a lot of more than five acres created prior to December 31, 1998, which can meet the standards in this subsection. For computing the setbacks of a rear yard, as required herein, if a detached accessory structure is connected to the principal structure by a breezeway, the ground area of such breezeway shall be considered as part of the accessory structure to be included in the computation.
(h) Notwithstanding the foregoing provisions, accessory structures, not including a private garage, for yard maintenance equipment, storage of garden tools, cultivating tools, lawnmowers, snowblowers, swimming pool equipment and garden and nursery supplies and equipment, and related tools and supplies, shall not be less than six feet in height and 100 square feet in area and shall not exceed eight feet in height or 250 square feet in area. There shall not be more than two such accessory structures on each lot.
(i) An accessory structure, if not located in the rear yard, shall be an integral part of, or connected with, the principal structure to which it is an accessory, and shall be so placed as to meet all yard requirements for a principal structure of the same height and other dimensions as the accessory structure. (Ord. 2248. Passed 12-5-87; Ord. 3053. Passed 3-14-00; Ord. 2010-35. Passed 11-9-10.)
(j) A private swimming pool shall be allowed as an accessory use if it complies with the following conditions and requirements:
(1) The swimming pool is to be used solely for the enjoyment of the occupants of the property on which it is located;
(2) The swimming pool may not be located in the front yard nor closer than fifty feet from a required rear or side lot line on a lot created after the effective date of this section (December 31, 1998), or on a lot of more than five acres created prior to December 31, 1998, which can meet the standards in this subsection; and
(3) The swimming pool shall be covered with a manual or automatic safety pool cover that meets all the performance standards of the American Soceity for Testing and Materials (“ASTM”), in compliance with standard ASTM F1346, or a similar subsequently-adopted standard, or the pool shall be walled or fenced to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall comport with the requirements of Section 1163.20, except that no such fence shall be less than four feet in height and except that all such fences shall be maintained in good condition with a secure gate.
(Ord. 2019-28. Passed 11-12-19.)
(k) A private tennis court or sport court shall be allowed as an accessory use if it complies with the following conditions and requirements:
(1) The tennis court or sport court is to be used solely for the enjoyment of the occupants of the property on which it is located;
(2) The tennis court or sport court may not be located in the front yard area nor closer than fifty feet from a required rear or side lot line on a lot created after the effective date of this section (December 31, 1998), or on a lot of more than five acres created prior to December 31, 1998, which can meet the standards in this subsection;
(3) No lights shall illuminate the tennis court or sport court unless the tennis court or sport court is at least 100 feet from a required rear or side lot line and such lights are adequately shielded and will provide directional lighting ("cut-off lights") and will create no annoying glare on adjacent lots.
(4) No lights illuminating the tennis court or sport court may be used past 10:00 p.m. Sunday through Friday or 11:00 p.m. Saturday.
(5) Any fence which surrounds the tennis court or sport court shall conform with the requirements of Section 1163.11, except that the height of such fence may be up to twelve feet.
(6) Any proposed tennis court or sport court shall be reviewed and approved by the Architectural Review Board which shall review and provide for adequate screening, directional lighting and landscaping. (Ord. 2010-35. Passed 11-9-10.)
(l) In a dwelling occupied as a private residence, not more than two rooms may be rented or table board furnished to not more than four persons, provided, however, that no window display or signboard shall be used to advertise such use, and provided, further, that such private residence may not be used as an establishment serving and catering to transients.
(m) A private stable (which term shall include the paddock), permitted as an accessory use, shall not accommodate more than one horse for each 40,000 square feet of lot area and there shall be at least 20,000 square feet of paddock area per horse. No private stable shall be located nearer than 100 feet to any public highway. No private stable for the accommodation of more than five horses shall be located nearer than 150 feet to any property line. No private stable shall be situated in the front yard area nor nearer than forty feet to a rear or side or line. No private stable shall be located nearer than 150 feet to any inhabited dwelling.
(Ord. 2248. Passed 12-5-87; Ord. 3053. Passed 3-14-00; Ord. 2010-35. Passed 11-9-10.)
(n) The keeping of chickens and other domesticated fowl are permitted in compliance with Codified Ordinance Section 518.18 and are governed by the regulations and procedures set forth therein.
(Ord. 2022-27. Passed 2-14-23.)
1157.031 ACCESSORY USES IN U1 SINGLE-FAMILY HOUSE DISTRICT; OLD STANDARDS.
(a) An accessory use customarily incident to a Class U1 use shall also be permitted in a Class U1 District, provided such accessory use is located upon the same lot with the structure or use to which it is accessory.
(b) In a U1 District, a private garage permitted as an accessory building shall not provide storage for more than four motor vehicles.
(c) In no case shall a billboard, signboard or advertising sign be permitted as an accessory use.
(d) In a Class U1 District, a private driveway or walk used for access to a Class U2 use shall in no case be permitted as an accessory use.
(e) A store, trade or business shall not be permitted as an accessory use except that the office of a person engaged in a professional occupation may be located in the dwelling used by such professional as his or her private residence, and except that any person carrying on a customary home occupation may do so in a dwelling used by him or her as his or her private residence, provided that no persons, other than members of his or her own household, are employed in such office or occupation and that no window display or signboard is used to advertise such occupation.
(f) An accessory structure may be erected as an integral part of a principal structure or it may be connected thereto by a breezeway or other similar structure.
(g) An accessory structure may be erected detached from the principal structure. No detached accessory structure shall be erected in any yard except a rear yard, nor closer than forty feet from lot lines. For computing the percentage of occupancy of a rear yard, as required herein, if a detached accessory structure is connected to the principal structure by a breezeway, the ground area of such breezeway shall be considered as a part of the accessory structure and be included in the computation.
(h) Notwithstanding the foregoing provisions, accessory structures, not including a private garage, for yard maintenance equipment, storage of garden tools, cultivating tools, lawnmowers, snowblowers, swimming pool equipment and garden and nursery supplies and equipment, and related tools and supplies, shall not be less than six feet in height and 100 square feet in area and shall not exceed eight feet in height or 250 square feet in area. There shall not be more than two such accessory structures on each lot.
(i) An accessory structure, if not located in the rear yard, shall be an integral part of, or connected with, the principal structure to which it is an accessory, and shall be so placed as to meet all yard requirements for a principal structure of the same height and other dimensions as the accessory structure. (Ord. 3053. Passed 3-14-00.)
(j) A private swimming pool shall be allowed as an accessory use if it complies with the following conditions and requirements:
(1) The swimming pool is to be used solely for the enjoyment of the occupants of the property on which it is located;
(2) It may not be located in the front yard area nor closer than forty feet from a required rear or side lot line; and
(3) The swimming pool shall be covered with a manual or automatic safety pool cover that meets all the performance standards of the American Society for Testing and Materials (“ASTM”), in compliance with standard ASTM F1346, or a similar subsequently-adopted standard, or the pool shall be walled or fenced to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall comport with the requirements of Section 1163.20, except that no such fence shall be less than four feet in height and except that all such fences shall be maintained in good condition with a secure gate.
(Ord. 2019-28. Passed 11-12-19.)
(k) A private tennis court or sport court shall be allowed as an accessory use if it complies with the following conditions and requirements:
(1) The tennis court or sport court is to be used solely for the enjoyment of the occupants of the property on which it is located;
(2) It The tennis court or sport court may not be located in the front yard area nor closer than forty feet from a required rear or side lot line;
(3) No lights shall illuminate the tennis court or sport court unless the tennis court or sport court is at least 100 feet from a required rear or side lot line and such lights are adequately shielded and will provide directional lighting ("cut-off lights") and will create no annoying glare on adjacent lots.
(4) No lights illuminating the tennis court or sport court may be used past 10:00 p.m. Sunday through Friday or 11:00 p.m. Saturday.
(5) Any fence which surrounds the tennis court or sport court shall conform with the requirements of Section 1163.20, except that the height of such fence may be up to twelve feet.
(6) Any proposed tennis court or sport court shall be reviewed and approved by the Architectural Review Board which shall review and provide for adequate screening, directional lighting and landscaping. (Ord. 2010-35. Passed 11-9-10.)
(l) In a dwelling occupied as a private residence, not more than two rooms may be rented or table board furnished to not more than four persons, provided, however, that no window display or signboard shall be used to advertise such use, and provided, further, that such private residence may not be used as an establishment serving and catering to transients.
(m) A private stable (which term shall include the paddock), permitted as an accessory use, shall not accommodate more than one horse for each 40,000 square feet of lot area and there shall be at least 20,000 square feet of paddock area per horse. No private stable shall be located nearer than 100 feet to any public highway. No private stable for the accommodation of more than five horses shall be located nearer than 150 feet to any property line. No private stable shall be situated in the front yard area nor nearer than forty feet to a rear or side or line. No private stable shall be located nearer than 150 feet to any inhabited dwelling. (Ord. 3053. Passed 3-14-00.)
1157.04 U2 COMMERCIAL DISTRICT.
(a) In a Class U2 District, no structure or premises shall be used, and no structure shall be erected which is arranged, intended or designed to be used, for a Class U3 or U4 use, or for any use other than a Class U2 use.
(b) An accessory use customarily incident to a Class U2 use shall also be permitted in a Class U2 District, provided such accessory use is located upon the same lot with the structure or use to which it is accessory.
(c) No structure or premises shall be used, and no structure shall be erected, which is arranged, intended or designed to be used, for a Class U3 use, except upon a lot approved after public notice and hearing by the Planning and Zoning Commission as being a location where such use will, in the judgment of the Commission, substantially serve the public convenience and welfare and will not substantially and permanently injure the appropriate use of neighboring property.
(Ord. 2248. Passed 12-5-87.)
1157.05 USE DISTRICT EXCEPTIONS.
(a) The Planning and Zoning Commission may, in specific cases, after public notice and hearing and subject to such conditions and safeguards as the Commission may establish, determine and vary the application of the use district regulations herein established. No action shall be taken by the Commission until it shall cause notice of the proposed use district exception to be sent by registered mail, return receipt requested, to all abutting, adjoining property owners and others considered by the Commission to be affected property owners, and a reasonable time, not less than ten days, shall be allowed for a reply from the property owners before action is taken by the Commission. Such notice shall be sent to the address of such property owners appearing on the County Auditor's current tax list or the Village Treasurer's current mailing list. The failure of delivery of such notice shall not invalidate the action of the Commission. However, if, due to inadvertence, a property owner to whom notice should have been sent has not been notified, such property owner may protest the Commission's action and the Commission may reconsider and revoke its prior action, provided that the applicant is not prejudiced by the Commission's action.
If the Commission determines to vary the use district regulations herein established, such permission shall be confirmed by resolution of Council before becoming effective and shall be granted for the following purposes:
(1) Permit the extension of a nonconforming use or building upon the lot occupied by such use or building at the time of the passage of this Zoning Code.
(2) Permit in a use district any use deemed by the Commission to be in general keeping with the uses authorized in such district.
(3) Grant in undeveloped sections of the Village temporary and conditional permits for not more than two-year periods, for structures and uses that do not conform to the regulations herein prescribed for the use district in which they are to be located.
(4) Permit the location of a Class U2 or U3 use in any use district, provided such use in such location will, in the judgment of the Commission, substantially serve the public convenience and welfare and will not substantially and permanently injure the appropriate use of neighboring property. (Ord. 2433. Passed 6-11-91.)
(b) A Class U2 or U3 use existing in any use district at the time of the passage of this Zoning Code shall be deemed to be an authorized use upon the lot devoted to such use at the time of the passage of this Zoning Code.
(Ord. 2248. Passed 12-5-87.)
1157.06 NONCONFORMING USES.
(a) A nonconforming use existing at the time of the passage of this chapter of the Zoning Code may be continued. A nonconforming use shall not be extended except as authorized by Section 1157.06, but the extension of a use to any portion of a building, which portion was arranged or designed for such nonconforming use at the time of the passage of this chapter of the Zoning Code, shall not be deemed to be an extension of a nonconforming use.
(b) A nonconforming use which is voluntarily discontinued for two years or more, or a building or other structure devoted to a nonconforming use, which is voluntarily or intentionally altered, removed, damaged or destroyed to an extent exceeding sixty percent of its current fair market value, or which is abandoned by an affirmative act manifestly evidencing an intention to discontinue indefinitely such nonconforming use, shall not be altered, restored, rebuilt, replaced or reinstituted, except as a conforming use, building or structure.
(c) A building or other structure devoted to a nonconforming use which is involuntarily or accidentally altered, removed, damaged or destroyed is entitled to be altered, restored, rebuilt or replaced to its previous condition and use, upon application to and after review and approval by the Planning and Zoning Commission. Such approval shall be granted unless the Commission shall determine that the applicant is not entitled to the benefits of this subsection.
(d) Except as otherwise provided in this section, nothing shall prevent the strengthening or restoration to a safe and sanitary condition of any part of a building declared unsafe or unsanitary by a public official acting in his or her authorized capacity, nor deny or limit the right or power of the Village at any time to abate or order the removal of any use specifically prohibited or any nonconforming use which constitutes a nuisance per se.
(e) A nonconforming use may not be changed unless changed to a higher use. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A nonconforming use, if changed to a higher nonconforming use, may not thereafter be changed unless to a still higher use.
(Ord. 1962. Passed 7-14-80.)
(f) A nonconforming use included in a U4 use class shall not be changed unless changed to a conforming use. In a U1 District, a nonconforming use in a U2 or U3 class shall not be changed unless changed to a conforming use. In a U2 District, a nonconforming use in a U3 class shall not be changed unless changed to a conforming use in the U2 class.
(Ord. 2248. Passed 12-5-87.)
(g) For the purpose of this Zoning Code, a use shall be deemed to be changed if changed from a use included in a subdivision of a use class to a use not included in such subdivision, and a nonconforming use shall be deemed to be changed to a higher use if the use to which such nonconforming use is changed is a use included in a subdivision of a use class that, in the arrangement of classes and subdivisions in the classification of uses, preceded the subdivision in which such nonconforming use is included.
(Ord. 1962. Passed 7-14-80.)
1157.07 ENERGY GENERATING DEVICES.
Energy generating Solar Panels (PV) devices may be allowed as an accessory use subject to the following conditions:
(a) Placement. Solar Panels (PV) located on the roof of a residential structure may not extend above the ridge line. Solar Panels (PV) shall not be located on the roof slope that is visible from a street line. Solar Panels (PV) attached to an accessory structure shall be placed only in a rear yard.
(b) Architectural Board of Review. Any application for a Solar Panel (PV) shall be reviewed and shall require approval from the Architectural Board of Review pursuant to Chapter 1313
of the Building Code.
(c) Exemption. Any Solar Panel (PV) attached or located on a roof or wall of a building that does not project more than six (6) inches from that surface is exempt from obtaining a zoning certificate, except for solar panels installed within the Historic District.
(d) Definition. "Solar Panel (PV)" shall mean single photovoltaic panel or a group of photovoltaic panels that convert solar energy into electricity.
(Ord. 2009-27. Passed 12-8-09; Ord. 2014-01. Passed 3-11-14.)
1157.08 WIND ENERGY CONVERSION SYSTEM PROHIBITION.
In any District, Wind Energy Conversion Systems shall not be permitted. For the purposes of this section, Wind Energy Conversion Systems shall mean the following:
(a) Wind Energy Conversion Systems shall mean a wind powered rotating device or wind generator located on top of a pole or structure that in turn rotates a wind turbine to generate electricity.
(b) Wind Energy Conversion System - Large shall mean a Wind Energy Conversion System (WEC) that has equal to or greater than capacity of 100 kilowatts.
(c) Wind Energy Conversion System - Small shall mean a Wind Energy Conversion System (WEC) that has a maximum capacity of 100 kilowatts.
(d) Wind Generator shall mean the blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.
(e) Wind Turbine shall mean a device that converts kinetic wind energy that drives an electric generator that generally consists of a tower, nacelle body, and a rotor with two or more blades. (Ord. 2009-28. Passed 12-8-09.)
1157.09 PROHIBITION OF MEDICAL MARIJUANA ACTIVITIES.
(a) Definitions.
(1) "Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.
(2) "Cultivate" means to grow, harvest, package, and transport medical marijuana pursuant to Chapter 3976 of the Ohio Revised Code.
(3) "Cultivator" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under Chapter 3796 of the Ohio Revised Code.
(4) "Dispensary" means an entity licensed pursuant to sections 3796.04 and 3796.10 of the Ohio Revised Code and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.
(5) "Dispense" means the delivery of medical marijuana to a patient or the patient's registered caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a patient who has an active patient registration with the State of Ohio Board of Pharmacy, authorizing them to receive medical marijuana.
(6) "Manufacture" means the process of converting harvested plant marijuana into marijuana extract by physical or chemical means for use as an ingredient in a medical marijuana product.
(7) "Medical marijuana entity" means a licensed medical marijuana cultivator, processor, dispensary, or testing laboratory.
(8) "Medical marijuana product" means a product that contains cannabinoids that has been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a registered patient, including but not limited to oils, tinctures, edibles, patches, and other forms approved under division (A)(6) of section 3796.06 of the Ohio Revised Code.
(9) "Plant material" means the leaves, stems, buds, and flowers of the marijuana plant, and does not include seedlings, seeds, clones, stalks, or roots of the plant or the weight of any non-marijuana ingredients combined with marijuana.
(10) "Plant-only processor" means a cultivator that has received a license from the Ohio Department of Commerce for the limited purpose of packaging, selling, and delivering finished plant material directly to a licensed dispensary for sale to a patient or caregiver.
(11) "Processor" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.
(b) Prohibited Activities. All medical marijuana activities to include the cultivation, processing, or dispensing of marijuana for medical purposes is prohibited in all zoning districts in the Village of Gates Mills.
(Ord. 2017-08. Passed 4-11-17.)
1157.10 PROHIBITION OF ADULT USE CANNABIS OPERATORS.
(a) Definition of Adult Use Cannabis Operator. For the purpose of this Section, “ault use cannabis operator” shall be as defined in Chapter 1131 of this Code.
(b) Prohibited Activity.
(1) No person shall operate any business as an adult use cannabis operator within the Village of Gates Mills, Ohio.
(2) No building permits, certificates of occupancy, or any other permits shall be granted by the Village of Gates Mills to any person who intends to open, use any land or devote any floor area of a business for the purpose of the sale of cannabis. No existing business in the Village may expand in any way that would establish the sale of cannabis.
(c) If any provision of this section, or the application of such provision, shall be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this section shall remain in full force and effect.
(Ord. 2024-29. Passed 10-15-24.)
1160.01 PURPOSES AND OBJECTIVES.
In addition to the applicable provisions stated in Sections 1113.03 and 1131.03, the intent and purpose of the Conservation Development District is to permit, subject to Village Council approval of each Conservation Development District, planned developments which:
(a) Have creative and imaginative layouts that respect environmental features;
(b) Have a harmonious and integrated design and visual character;
(c) Maintain the established one dwelling unit per five-acre density (or previously established density if different from current requirements) of the Village;
(d) Encourage the permanent preservation of open space and natural amenities through the use of conservation easements;
(e) Do not increase the overall density of development within the Village; and
(f) Maintain the overall character of the Village and provide for development that is compatible with surrounding neighborhoods.
(Ord. 2007-25. Passed 8-21-07.)
1160.02 DEFINITIONS.
For the purpose of this code, the following terms shall have the meaning herein indicated:
(a) CONSERVATION DEVELOPMENT DISTRICT: A contiguous area of land to be planned and developed as a single entity, in which housing units are accommodated under more flexible standards, such as building arrangements and setbacks, than those that would be applied under single-family district codes, allowing for flexible groupings of houses in order to conserve open space and existing natural resources.
(b) CONSERVATION EASEMENT: A legal interest in land that restricts development and other uses of the property in perpetuity for the public purpose of preserving the rural, open, natural, or agricultural qualities of the property as authorized by ORC §§5301.67 through 5301.70.
(c) DEVELOPMENT AGREEMENT: The complete package of information and submittals an applicant for a Conservation Development District must have approved by the Village before beginning construction in the District. This Agreement shall contain approved versions of the following:
(1) Subject parcel’s rezoning to Conservation Development District.
(2) Ohio Environmental Protection Agency approval of the on-site wastewater disposal system.
(3) Development Plan.
(4) Conservation Easement.
(5) Existing Conditions Site Report.
(6) Yield Plan.
(7) Stormwater Management Plan.
(8) Tree Preservation Plan.
(9) Covenants and restrictions for the homeowners association or condominium association.
(d) DEVELOPMENT PLAN: A proposal including drawings(s) and map(s) for a Conservation Development District prepared in accordance with this code, illustrating proposed design, layout, and other features for the development and including all elements set forth in this code.
(e) EXISTING CONDITIONS SITE REPORT: A document prepared by the applicant for a Conservation Development District. This document shall contain all the information required in Section 1160.16 of this code and shall be submitted in accordance with the procedures established in this code.
(f) IMPERVIOUS COVER: Any paved, hardened, or structural surface regardless of its composition including but not limited to buildings, roads, driveways, parking lots, loading/unloading areas, decks, patios, and swimming pools.
(g) PRIVATELY OWNED BUILDING LOT: Those portions of the permitted buildable area of a Conservation Development District associated with each single-family residential unit in the District and solely controlled by the owner of that unit.
(h) PRIVATELY OWNED OPEN SPACE: The undeveloped open space on a privately owned building lot. This open space shall not be included in the overall calculation of restricted open space.
(i) RESTRICTED OPEN SPACE: Open space within a Conservation Development District that is of sufficient size and shape to meet the minimum requirements of these codes and that is restricted from further development according to the provisions of this code. This shall not include open space that is part of a buildable lot.
(j) TREE PRESERVATION PLAN: A plan detailing the maintenance of trees in a Conservation Development District and prepared in accordance with the requirements of this code.
(k) YIELD PLAN: A subdivision layout for a parcel showing the configuration and number of lots possible in a traditional development design for the subject parcel. This traditional subdivision design shall be completed by the applicant in full compliance with all applicable Village codes and in accordance with site constraints shown in the Existing Conditions Site Report submitted under this code.
(Ord. 2007-25. Passed 8-21-07.)
1160.03 ESTABLISHMENT OF CONSERVATION DEVELOPMENT DISTRICTS.
The following shall govern the establishment of any Conservation Development District:
(b) Each Conservation Development District shall be served by an on-site wastewater disposal system approved by the Village in coordination with the Cuyahoga County Board of Health and the Ohio Environmental Protection Agency. Said system shall provide for a common system, serving all properties, if practical and feasible, and allowable by those agencies having approval/permitting authority over such systems.
(c) Each Conservation Development District shall have a minimum area of not less than twenty-five (25) contiguous acres. Property that is contiguous to other property at any point that is burdened by a public right of way shall not be deemed contiguous for the purposes of this code.
(d) Each Conservation Development District shall be developed in conformance with an approved Development Plan that has been reviewed and approved by the Village in accordance with the provisions set forth herein.
(Ord. 2007-25. Passed 8-21-07.)
(Ord. 2007-25. Passed 8-21-07.)
1160.04 PERMITTED USES.
(a) Uses shall be limited to single-family detached or attached residences with permitted accessory uses and structures.
(b) No structure shall contain more than three attached dwelling units.
(Ord. 2007-25. Passed 8-21-07.)
1160.05 ACCESSORY USES.
(b) Accessory uses and structures shall be combined and minimized so that there will be fewer accessory uses and structures than would otherwise be permitted in a traditional development.
(c) The total aggregate building ground coverage of all accessory structures and uses within a Conservation Development District shall be considered in the maximum allowable impervious cover calculation for the Development Plan.
(d) The maximum building ground coverage of any individual accessory structure or use shall not exceed four thousand (4,000) square feet.
(e) The number of swimming pools, tennis courts, and similar accessory structures or uses shall be limited to not more than one (1) of each such structure or use for every six (6) dwelling units.
(Ord. 2007-25. Passed 8-21-07.)
1160.06 DEVELOPMENT STANDARDS.
The following development standards shall apply to all Conservation Development Districts:
(a) Density of Dwelling Units. The maximum density of dwelling units shall be as set forth on the approved Development Plan. In no case shall the density be greater than the lesser of one (1) dwelling unit per five (5) acres or the permitted density determined by a Yield Plan for a conventional lot subdivision that conforms to all Village codes. The Yield Plan shall be prepared and reviewed in accordance with the requirements and process detailed in Section 1160.16.
(1) Restricted open space shall be as set forth on the final approved Development Plan provided, however, that the land area designated for restricted open space shall not be less than fifty percent (50%) of the total land area of the Conservation Development District. Restricted open space shall be located and designed to be integrally related to the overall design of the development and to conserve and protect significant natural features such as floodplains, steep slopes, wetlands, woodlands, streams, lakes, historic features, and other environmentally sensitive areas. Restricted open space shall be kept in its natural state except for generally accepted woodland and field management practices and unless authorized in an approved Development Plan.
(2) The restricted open space shall be made subject to a perpetual conservation easement in a form approved by the Village in favor of an organization or agency acceptable to the Village. Conservation easements shall include the Village as third party beneficiary of the terms of the easement with the right, but no obligation, to enforce the provisions of the easement.
(3) All of the restricted open space within a Conservation Development District shall be contiguous unless otherwise specifically authorized by Village Council. It is preferred that proposed restricted open space abut areas that have existing conservation easements.
(5) No portion of any privately owned building lot within a Conservation Development District shall be included in the calculation of restricted open space for the purposes of complying with the requirements of Subsection 1160.06(b)(1).
(d) Maximum Impervious Cover. The maximum impervious cover for a single-family dwelling shall be 12%. The maximum impervious cover for a building containing two (2) attached dwellings shall be 20%. The maximum impervious cover by a building containing three (3) attached dwelling units shall be 25%.
(e) Access and Street Requirements.
(1) All streets constructed as part of a Conservation Development District shall be private streets, unless a public street is specifically authorized by the Village to provide for interconnection or to achieve some other public access purpose.
(2) Public and Private streets will meet Village standards in place at the time of application of this code and shall be designed as approved by the Village Engineer.
(3) Each dwelling unit shall have access to a public street or to a private street internal to the Conservation Development District in a manner approved by the Village and said access shall be defined on the Development Plan.
(f) Setbacks and Separations: If developed as a condominium development, dwelling units within a Conservation Development District shall be a part of a condominium arrangement in accordance with Chapter 5311 of the Ohio Revised Code. For all developments, building setbacks and separations shall be as established on the approved Development Plan. In establishing said setbacks and separations, Village Council shall consider the spacing necessary for adequate visual and acoustical privacy, adequate light and air, fire and emergency access, building configurations, energy-efficient siting, and the relationships of building sites to circulation patterns. In no instance shall the established setbacks and/or separations be less than those required by the underlying zoning or the following, whichever is more restrictive:
(1) No building, structure, or parking area shall be located closer than two hundred (200) feet to the right-of-way line of an existing public or private street.
(2) No building, structure, lighting or parking area shall be located closer than one-hundred (100) feet to any Development Plan boundary line.
A. Fifty (50) feet for single-family dwellings.
B. Seventy-five (75) feet for buildings containing two (2) attached dwelling.
C. One hundred (100) feet for buildings containing three (3) attached dwellings.
(4) The minimum distance between buildings shall be fifty (50) feet.
(5) The setback and separation codes contained herein shall not apply to structures such as boundary fences, driveways, entry gates, and gateposts.
(g) Architectural Design. Architectural treatments shall demonstrate a cohesive design concept that promotes compatibility among buildings and structures and reflects the character of the Village. All buildings and structures within the Development Plan shall be subject to review and approval by the Village Architectural Board of Review/Historic Review Committee pursuant to the requirements contained in Section 1313.
(h) Stormwater Management. All Conservation Development Districts shall provide for stormwater management and erosion and sediment control in accordance with the provisions of the Subdivision and Land Development Codes. Plans for stormwater management and erosion and sediment control shall be subject to the review and approval of the Village Engineer. No structural stormwater management facilities shall be located within the restricted open space.
(i) Fire Protection. All Conservation Development Districts shall make provisions for fire protection that shall conform to the standards and specifications of the Village and Fire Chief.
(j) Lighting. Lighting in a Conservation Development District shall be in accordance with lighting requirements as approved by the Planning and Zoning Commission and in conformance with requirements for residential subdivisions within the Village in place at the time of final plan approval;
(k) Impervious Cover. Not more than ten percent (10%) of the total area of any Conservation Development District shall be impervious. For purposes of this code, impervious cover shall not include ponds.
(Ord. 2007-25. Passed 8-21-07.)
1160.07 APPLICATION REQUIREMENTS AND PROCEDURES.
(a) Property owners who wish to have their land zoned for a Conservation Development District shall complete the following steps:
(1) Provide notice to the Planning and Zoning Commission of intent to pursue a Conservation Development District on a parcel.
(2) Present a preliminary Existing Conditions Site Report prepared in accordance with the provisions of this code to the Planning and Zoning Commission and request preliminary approval to pursue a Conservation Development District. This preliminary presentation to the Planning and Zoning Commission is intended to notify the Village of the potential for a Conservation Development District on a specific parcel and to make the property owner aware of any potential development issues. The Planning and Zoning Commission will take no formal action on the preliminary Existing Conditions Site Report at this step.
(3) Finalize with the Village Engineer the Existing Conditions Site Report, the Yield Plan, and the preliminary Development Plan for the Conservation Development District.
(4) Referral to Historic Review Committee / Architectural Board or Review. If Planning and Zoning determines that referral to Historic Review Committee/Architectural Board or Review is warranted, preliminary approval of those committees must be secured in advance of any formal action by Planning and Zoning related to rezoning or preliminary plan approval.
(5) Present the documents in Section 1160.07(a)(3) to the Planning and Zoning Commission to request rezoning of the parcel to a Conservation Development District. The request for rezoning and application for preliminary Development Plan approval shall occur simultaneously and the approval of one shall be dependent on the approval of the other.
(6) Any approvals granted by Planning and Zoning Commission shall be forwarded to Village Council as detailed in Section 1160.07(b).
(b) Applications for rezoning to a Conservation Development District shall be made by filing an application to Village Council pursuant to the provisions of Section 1151.03. Said application shall be heard and action taken in accordance with the procedures and provisions set forth in Section 1151.03. The following additional submission requirements shall apply to all applications for rezoning to a Conservation Development District:
(1) Existing Conditions Site Report, Yield Plan, and Preliminary Development Plan, all conforming to the requirements of Section 1160.16. Additionally, applications shall include a Proposed Development Agreement with an approvable form of the Conservation Easement and Tree Preservation Plan.
(2) A stormwater management plan that addresses the proposed methods of controlling stormwater runoff and mitigating erosion and sediment impacts.
(3) Proposed covenants and restrictions intended to govern the development and future use of the Conservation Development District including a perpetual maintenance plan setting forth the proposed ownership arrangement, maintenance responsibility, and financing method for all recreation facilities, common parking areas, private streets, stormwater structures, and other commonly owned facilities.
(Ord. 2007-25. Passed 8-21-07.)
1160.08 PROCESSING OF PRELIMINARY DEVELOPMENT PLANS AND REZONING APPLICATIONS.
(a) Once an application is deemed complete by the Building Official, the applicant shall present to the Planning and Zoning Commission for review of the preliminary development plan and rezoning application per Section 1160.07. The Planning and Zoning Commission may refer the submittal to the Architectural Board of Review and/or Historic Review Committee.
(b) The Planning and Zoning Commission shall review the comments and/or recommendations provided by the Architectural Board of Review and/or Historic Review Committee. Once this review is complete, the Planning and Zoning Commission shall determine whether to forward the preliminary Development Plan and rezoning application to Village Council.
(c) If the Planning and Zoning Commission provides its approval in Section 1160.07(b), the applicant shall present the preliminary Development Plan and rezoning application to Village Council.
(d) If Village Council approves the preliminary Development Plan and rezoning application, the applicant shall proceed with preparation and presentation of the final Development Plan. Said final Development Plan shall be approved consistent with procedures in place for final subdivision approval in place at the time of final plan submittal. Final Development Plan submittal shall include all elements required by 1160.17.
(Ord. 2007-25. Passed 8-21-07; Ord. 2014-03. Passed 4-8-14.)
(Ord. 2007-25. Passed 8-21-07; Ord. 2014-03. Passed 4-8-14.)
1160.09 REVIEW CRITERIA FOR PRELIMINARY DEVELOPMENT PLANS.
(a) The comprehensive nature and design of the preliminary Development Plan, including appropriate design of the physical, aesthetic, and economic relationships among its parts;
(b) The anticipated impacts of the proposed development upon the Village and upon adjoining and proximate neighbors and properties;
(c) The proposed architectural and site design characteristics;
(d) The nature and extent of proposed landscaping, existing vegetation and landform to be retained, and of proposed screening and buffering;
(e) The suitability of the proposed separations between buildings, including any proposed setbacks or yards: and
(f) Conformance with the maximum density as established by the Planning and Zoning Commission based upon the Yield Plan.
(Ord. 2007-25. Passed 8-21-07.)
1160.10 ARCHITECTURAL BOARD OF REVIEW AND HISTORIC REVIEW COMMITTEE.
If referred to either of these Boards, they shall act upon the preliminary Development Plans within forty-five (45) days of the date the application was referred from the Planning and Zoning Commission. Either Board of Review may recommend approval, approval with modifications and/or stipulations, or denial of the preliminary Development Plan to the Planning and Zoning Commission.
(Ord. 2007-25. Passed 8-21-07.)
1160.11 APPROVAL OF PRELIMINARY DEVELOPMENT PLANS.
(a) In addition to the considering the review criteria as provided in Section 1160.09, the Planning and Zoning Commission shall take into consideration the recommendation of the Architectural or Historic Review Committee.
(b) The Planning and Zoning Commission shall act upon Preliminary Development Plans within sixty (60) days of the date the application was deemed complete by the Building Official and Village Engineer. The Planning and Zoning Commission may recommend approval, approval with modifications and/or stipulations, or denial of the preliminary Development Plan to Village Council.
1160.12 SUBMISSION OF FINAL DEVELOPMENT PLANS.
Final Development Plans conforming to the requirements of Section 1160.17 submitted to Village Council for review shall be based on a previously approved preliminary Development Plan and may be for portion or phases of the entire project. Final Development Plans shall be submitted at least ten (10) working days prior to the meeting at which said plans will be reviewed by Village Council. A minimum of six (6) copies shall be submitted. Submission shall include fees and deposits as established by Village Council.
(Ord. 2007-25. Passed 8-21-07.)
(Ord. 2007-25. Passed 8-21-07.)
1160.13 APPROVAL OF FINAL DEVELOPMENT PLANS.
The Planning and Zoning Commission shall review each final Development Plan and shall make a recommendation to Village Council regarding same within forty-five (45) days of the date at which said final Development Plan is first heard by the Planning and Zoning Commission unless such time is extended with the consent of the applicant. The Planning and Zoning Commission may suggest, and Village Council may attach, such conditions to the approval of a final Development Plan as may be reasonably required by the public health, safety and welfare and deemed appropriate to carry out the purposes and intent of this code. Village Council shall act upon each final Development Plan referred by the Planning and Zoning Commission within forty- five (45) days of receipt of the Planning and Zoning Commission’s recommendation provided, however, that said time period may be extended by Village Council with the consent of the applicant.
(Ord. 2007-25. Passed 8-21-07.)
(Ord. 2007-25. Passed 8-21-07.)
1160.14 COMPLIANCE REQUIRED.
(a) Subsequent to the approval of a Development Plan for Conservation Development District, all site plans, building permits, zoning certificates, and other plans for improvements and any development or construction within the Conservation Development District shall be in substantial compliance with the approved final Development Plan and Development Agreement and any conditions of such approval adopted by the Village in approving the Conservation Development District.
(b) Any departure from the approved final Development Plan and any conditions or Development Agreements attached thereto, shall be deemed to be a violation of this code. When the Building Official determines that a proposed plan, request for zoning certificate, development or construction may not be in compliance with the final Development Plan, he shall take appropriate action as authorized by this Zoning Code to compel compliance.
(Ord. 2007-25. Passed 8-21-07; Ord. 2014-08. Passed 4-8-14.)
1160.15 AMENDMENTS TO DEVELOPMENT PLANS.
The owner, homeowners association, or condominium association of an approved Conservation Development District may submit plans for amendment of the approved final Development Plan. The Planning and Zoning Commission and Village Council shall review such proposed modifications to the final Development Plan and may grant approval of such changes if the Planning and Zoning Commission and Village Council determine that all of the following are met:
(a) The amendment is generally in conformance with the form, nature, and intent of the approved final Development Plan;
(b) The total number of dwelling units within the Conservation Development District will not be increased;
(c) The percent of impervious cover on the total area of the Conservation Development District will not be increased above ten percent (10%); and
(d) The amount of restricted open space will not be reduced.
(Ord. 2007-25. Passed 8-21-07.)
1160.16 SUBMITTAL REQUIREMENTS.
Each application for a Conservation Development District shall include six (6) copies of the following documents drawn to scale and these documents shall include, at a minimum, the following data:
(a) Existing Conditions Site Report.
(1) The name of the development, the name of the owner or developer, north arrow, date, and scale;
(2) A boundary survey;
(3) Existing topography and proposed finished grade with a maximum two foot (2') contour interval;
(4) Floodplains, wetlands, and watercourses: These site features shall be based on best available record information and wetlands and watercourses shall be based on a delineation performed in accordance with US Army Corps of Engineers requirements in place at the time of application of this code. This delineation does not have to be approved by the U.S. Army Corps of Engineers when the preliminary Development Plan is submitted but must have Corps’ approval with the submission of final Development Plans;
(5) Steep slopes: Steep slopes shall be those areas determined pursuant to the provisions of Chapter 1175.
(6) Isolated lands. Isolated land shall be any portion of the parcel that is separated from the remainder of the parcel by a slope exceeding 25%, a Ohio Environmental Protection Agency Category 2 or 3 wetland, a watercourse, or other feature that would not support a road and/or crossing under normal building standards and applicable state and federal permit requirements, thus rendering the isolated portion unbuildable under conventional development standards and applicable local, state, and federal codes;
(7) Threatened and endangered species, and;
(8) Tree and woodland evaluation. A tree and woodland evaluation shall be provided by a certified arborist or a certified forester. The evaluation shall include the following:
A. Map delineation of distinct areas of woodland that are classified on the map as high, medium, and low suitability for preservation. Any major trees shall be labeled and located approximately; groups of major trees may be labeled and located with an approximate outline. Distinct woodland areas are distinguished from each other by significant differences in species mix, age, health, and soil type.
B. A memorandum describing the areas and outlining the reasons for the assigned classification.
C. A general description of underlying soil types, size and type of trees, their age and health, approximate life-expectancy, rarity of species, species diversity, species tolerance for construction, and the likelihood of long-term viability, shall be outlined for each area.
D. If applicable, the memorandum should include an assessment of existing working forest easements or Ohio Forest Tax Law enrollment in woodlands on the site, including a brief summary of existing forest management plans, and an assessment of the impact of proposed development on the working forest status and management.
(b) Preliminary Development Plan.
(1) The Existing Conditions Site Report.
(2) Proposed building locations, separations, and setbacks;
(3) Vehicular and pedestrian circulation plans.
(4) A stormwater management plan; including preliminary arrangements for storm detention facilities.
(5) All existing and proposed water facilities including the location and sizes of water mains, and the location of fire hydrants;
(6) Location and size of on-site sewage disposal system(s);
(7) General concept plans for landscaping and buffering and a Tree Preservation Plan;
(8) Architectural plans of proposed buildings and structures;
(9) Typical sections for all access drives;
(10) Proposed phases if the project is to be developed in stages; and;
(11) A table containing calculations of building ground coverage and the total area of impervious cover.
(c) Yield Plan. The applicant shall prepare a Yield Plan showing a layout for a traditional subdivision on the subject parcel in full compliance with Village codes and taking into consideration all information depicted on the Existing Conditions Site Report required by 1160.16(a).
(Ord. 2007-25. Passed 8-21-07.)
1160.17 FINAL DEVELOPMENT PLAN REQUIREMENTS.
(a) Final Development Plans shall be prepared and certified by persons professionally qualified to do such work. Final Development Plans shall be prepared at an appropriate scale, but not less than one inch equals one hundred feet (1" = 100'). Profiles must be submitted on standard plan profile sheets.
(b) Final Development Plans shall include detailed design information for all of the items contained on preliminary Development Plans but shall also include detailed construction drawings for proposed improvements including such items as:
(1) Detailed improvement plans including all pipe sizes, types, grades, and invert elevations, and the location of manholes for sanitary and storm sewers, and the location and sizes of water mains, and the location of fire hydrants;
(2) A detailed landscaping and buffering plan and a Tree Preservation Plan including a listing of all plant material by type, size, and number;
(3) Provisions for the adequate control of erosion and sediment;
(4) The location, type, size and height of all fencing, screening, and retaining walls;
(5) The location, width, size and intended purpose of all easements; and
(6) Detailed site grading and storm water management plans including storm detention calculations and pipe sizing analyses.
(Ord. 2007-25. Passed 8-21-07.)
1160.18 CONSTRUCTION INSPECTION.
During construction, the Village's representatives shall be afforded adequate opportunity to inspect the development to confirm proper installation of improvements and compliance with the provisions of this Zoning Code, the approved standards and conditions for the Conservation Development District, and such other codes as may be applicable.
(Ord. 2007-25. Passed 8-21-07.)
(Ord. 2007-25. Passed 8-21-07.)
1160.19 FEES AND DEPOSITS.
(a) All applications for Development Plan review and approval shall be accompanied by a non-refundable fee in an amount as set forth in the fee schedule as established and modified from time to time by Village Council.
(b) All applications for Development Plan review and approval shall be accompanied by a cash deposit for professional consultant services in an amount as set forth in the fee schedule as established from time to time by Village Council. Any balance of unused funds shall be refunded to the applicant within sixty (60) days of the Village’s final action on the application.
(c) Prior to commencement of construction, the developer of a Conservation Development District shall deposit with the Village Clerk an amount based upon the estimated cost of construction of inspection services as determined by the Village’s consultants, which funds shall be used by the Village to pay for project inspections during construction as provided in Section 1160.18.
(Ord. 2007-25. Passed 8-21-07.)
1161.01 MAXIMUM HEIGHT OF STRUCTURES.
In a Class H1 District, no structure shall be erected to a height in excess of two and one-half stories or thirty-five feet, except that in the case of a church, school or library, the maximum height shall be four stories or fifty feet.
(Ord. 2581. Passed 1-11-94.)
1161.02 EXCEPTIONS TO HEIGHT RESTRICTIONS.
(a) The provisions of Section 1161.01 shall not apply to restrict the height of a church spire, belfry, clock tower, wireless tower, chimney flue, water tank, elevator bulkhead, stage tower or scenery loft.
(b) The Planning and Zoning Commission may, after public notice and hearing and subject to such conditions and safeguards as the Commission may prescribe to protect the appropriate use of neighboring property, permit the erection of a structure or portion of a structure covering not more than twenty-five percent of the area of the lot to a height in excess of the limits prescribed in Section 1161.01, which permission shall be confirmed by a resolution of Council before becoming effective.
(c) Nothing in this Zoning Code shall prevent the erection, above the height limit, of a parapet wall or cornice solely for ornament and without windows, extending above such height limit by not more than three feet.
(Ord. 2248. Passed 12-5-87.)
1163.01 LOT AREA PER SINGLE-FAMILY DWELLING.
(a) In the Class A1 District, no future division of land will be approved unless the minimum lot size for such new division of land is five acres in area for each new parcel created after the effective date of this section (December 31, 1998). In a Class A1 District, no dwelling shall be erected for altered to accommodate or make provision for more than one family for each 217,800 square feet of area of the lot, provided that one single-family dwelling may be erected on any lot separately owned at the time of the passage of this section or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder before the effective date of this section (December 31, 1998).
(b) In a Class A2 District, no dwelling shall be erected or altered to accommodate or make provision for more than one family for each 85,000 square feet of the area of the lot.
(c) In a Class A3 District, no dwelling shall be erected or altered to accommodate or make provision for more than one family for each 15,000 square feet of the area of the lot.
(d) In a Class A4 District, no dwelling shall be erected or altered to accommodate or make provision for more than one family for each 7,500 square feet of the area of the lot.
(e) In computing such area of the lot for the purposes of this section, any part of the area of any corner lot in excess of the lot area restriction hereinbefore prescribed for the area district in which such lot is located, shall be considered an interior lot.
(f) In computing such area of the lot for the purposes of this section, no part of the lot which has been dedicated for or is subject to use by the public for street or highway purposes, or is subservient to use by any person other than the owner, by reason of an easement for ingress or egress, shall be considered or reckoned in the square footage of the lot available for the erection of any residence building, provided, however, that any easement of record as of September 9, 1940, shall be excepted from the operation of this subsection. (Ord. 2929. Passed 1-12-99.)
1163.02 STREET ACCESS; NEW STANDARDS.
In a Class U1 District, every lot shall have access to a street and, if located with no immediate street frontage, an access driveway conforming to the requirements of Section 1131.07(g) shall be provided over an unoccupied strip of land.
(Ord. 3053. Pased 3-14-00.)
1163.03 FRONTAGE REQUIREMENTS FOR THE A1 DISTRICT; NEW STANDARDS.
To reduce flag lots in the A1 District, a 200 foot minimum lot frontage will be required for all parcels in the A1 District after the effective date of this section (December 31, 1998).
(Ord. 3053. Passed 3-14-00.)
1163.04 WIDTH OF LOTS IN RESIDENCE DISTRICTS; NEW STANDARDS.
(a) On a lot created after the effective date of this section (December 31, 1998), or on a lot of more than five acres created prior to December 31, 1998, which can meet the standards of this subsection in a Class U1-A1 District, no dwelling shall be erected on a lot having a width at the building line of less than 200 feet and an average width of less than 200 feet.
(b) In a Class U1-A2 District, no dwelling shall be erected on a lot having a width at the building line of less than 110 feet and an average width of less than 150 feet.
(c) In a Class U1-A3 District, no dwelling shall be erected on a lot having a width at the building line of less than fifty feet and an average width of less than seventy-five feet.
(d) In a Class U1-A4 District, no dwelling shall be erected on a lot having a width at the building line of less than fifty feet and an average width of less than fifty feet.
(Ord. 3053. Passed 3-14-00.)
1163.05 SIDE YARDS IN RESIDENCE DISTRICTS; NEW STANDARDS.
(a) In a Class U1 District, for every dwelling erected there shall be a side yard along each lot line other than a front line or rear line. Each single-family dwellng shall be deemed a separate structure and shall have side yards as stated in the previous sentence.
(b) On a lot created after the effective dae of this section (December 31, 1998), or on a lot of more than five acres created prior to December 31, 1998, which can meet the standards of this subsection, in a Class U1-A1 District, the least dimension of a side yard shall be forty feet, and at least forty percent of the average width of the lot, as measured between the front line and the rear line of the main structure, shall be devoted to side yards. No main structure on any lot shall be erected or maintained closer than forty feet to the side yard lot line and no accessory structure shall be erected or maintained closer than fifty feet to the side yard lot line. No accessory use such as a tennis court or swimming pool may be constructed or maintained except as provided in Section 1157.03.
(c) In a Class U1-A2 District, the least dimension of a side yard shall be twenty-five feet and at least forty percent of the average width of the lot as measured between the front line and the rear line of any structure shall be devoted to side yards.
(d) In a Class U1-A3 or U1-A4 District, the least dimension of a side yard shall be fifteen feet, and at least forty percent of the average width of the lot, as measured between the front line and rear line of any structure, shall be devoted to side yards.
(Ord. 3053. Passed 3-14-00.)
1163.06 REAR YARDS IN RESIDENCE DISTRICTS; NEW STANDARDS.
In a Class U1 District, every structure shall have a rear yard. On a lot created after the effective date of this chapter (December 31, 1998), or on a lot of more than five acres created prior to December 31, 1998, which can meet the standards of this section, the least dimension of such rear yard shall be twenty percent of the depth of the lot, but such least dimension shall be not less than fifty feet or the height of the main structure, whichever is greater. On a corner lot, one rear line will be designated as a side line (Ord. 3053. Passed 3-14-00.)
1163.07 SIDE AND REAR YARDS IN BUSINESS DISTRICTS; NEW STANDARDS.
In a Class U2 District, where the side line of the lot adjoins a Class U1 District, no structure, unless located fifty feet or more back from the street line, shall be erected within ten feet of such adjoining Class U1 District. In a Class U2 District, where the rear line of the lot adjoins a Class U1 District, every structure erected shall have a rear yard. The least dimension of such yard shall be at least twenty percent of the depth of the lot, but such least dimension need not be more than forty feet, provided such least dimension shall in no case be less than one-half of the height of the structure. On a corner lot, no accessory structure, if detached from the main structure, shall be erected within twenty-five feet of the street line, and no such accessory structure, unless located fifty feet or more back from the street line, shall be erected within ten feet of the rear lot line. (Ord. 3053. Passed 3-14-00.)
1163.08 SIDE AND REAR YARD REGULATIONS; NEW STANDARDS.
The area required in a side yard or a rear yard shall be open from the etablished grade or from the natural grade, if higher than the established grade, to the sky. No driveway shall be constructed or maintained closer than ten feet to the side or rear lot line; however, landscaping and fencing may be constructed within ten feet of the side or rear lot line. (Ord. 3053. Passed 3-14- 00.)
1163.09 BUILDING LINES; NEW STANDARDS.
(a) For the purpose of regulating front yards, for the purpose of further regulating side yards of corner structures, and for the purpose of regulating the alignment of structures near street frontages, building lines, as set forth on the Zone Map which accompanies this Zoning Code and which is hereby declared to be a part hereof, are hereby established. The Map designations and the Map designation rules which accompany such Map are hereby declared to be a part hereof.
(b) Between a building line and the street line, no structure or portion of a structure extending above the established grade may be erected. In a Class U1 District, a one-story unenclosed porch may, however, be constructed between the building line and the street line.
(c) Where a building line is shown on the Zone Map as an existing alignment line, the alignment of the structure existing along such frontage shall determine the building line.
(d) On any street frontage in a district, where no building line is designated on the Zone Map, the location of the building line shall be as follows:
(1) In a Class U1-A1 District and in the Class U1-A2 District, the minimum distance between the building line and the established street line shall be not less than 100 feet. The Planning and Zoning Commission shall have the power to increase this distance when it finds that it is desirable to do so, to improve the relationship of the proposed building to adjacent structures considering the average minimum setback on a particular street to establish the distance of the building line back from the street line to be twenty percent of the average or normal depth of the lots having their front lines on such street frontage.
(2) In Class U1-A3 and U1-A4 Districts, on a street frontage on either side of a street between two intersecting streets, but excluding the frontage along the side line of a corner lot, the distance of the building line back from the street line shall be twenty percent of the average or normal depth of the lots having their front lines along such street frontage, but such distance back from the street line need not be more than fifty feet, but in no case shall it be less than fifty feet.
(3) In a Class U2 District, on a street frontage on either side of a street between two intersecting streets, but excluding the frontage along the side line of a corner lot, the distance back from the centerline of the street shall be at least fifty feet.
(4) Certain exceptions because of unusual land contour conditions may be specially approved by the Board of Zoning Appeals and by Council.
(e) For lots where no building line is designated on the Zone Map or on a recorded plat and which have no immediate street frontage, the Planning and Zoning Commission shall have the authority to designate a lot line as the front line of the lot, which shall be deemed to be the "street line" for the purposes of front yard standards. In making this designation, the Planning and Zoning Commission shall take into consideration the orientation of existing and proposed buildings on the lot and on surrounding lots.
(Ord. 3053. Passed 3-14-00.)
1163.10 LOT COVERAGE; NEW STANDARDS.
(a) In a Class A1 District, not more than fifteen percent of the area of a lot may be covered by impervious surfaces, structures and accessory structures or uses. Further, not more than seven and one-half percent of the area of the lot may be covered by the main structure, including attached garages, porches and decks.
(b) In a Class A2 District, not more than fifteen percent of the area of a lot may be covered by impervious surfaces, structures and accessory structures or uses.
(c) In a Class A3 District, not more than thirty-five percent of the area of a lot may be covered by impervious surfaces, structures and accessory structures or uses.
(d) In a Class A4 District, not more than sixty percent of the area of a lot may be covered by impervious surfaces, structures and accessory structures or uses.
(Ord. 3053. Passed 3-14-00.)
1163.11 FENCES; NEW STANDARDS.
(a) Subject to the provisions in subpart (b) of this section, fences shall be permitted in rear yards and side yards, not to exceed six feet in height along the rear line and the side line of a lot, or parallel thereto and extending in no case beyond the front line of the structure.
(b) Fences shall be permitted in front yards along the front line and the side line of a lot, or parallel thereto, not to exceed four feet in height. In any event, however, chain link fences, vinyl- coated chain link fences and guard rails shall not be permitted in front yards or side yards but shall only be permitted in rear yards. On corner lots, whenever a chain link fence, vinyl-coated chain link fence or guard rail in a rear yard is visible from a public street, landscaping materials shall be in place or planted to completely screen the fence or guard rail from street view year round. Whenever a chain link fence, vinyl-coated chain link fence or guard rail that is located parallel to a public street and is both visible from a public street and within fifty (50) feet or less from the public street, landscaping materials shall be in place or planted to completely screen the fence or guard rail from street view year round.
(Ord. 2022-28. Passed 12-13-22.)
(c) In the event that stockade, board or similar fences having a finished and unfinished side are constructed, the finished side of the fence shall face towards contiguous adjoining properties and the unfinished side shall face towards the lot upon which the fence is constructed.
(d) On corner lots with frontage on two streets, no fences shall be closer than twenty-five feet from either street line.
(e) In the event that shrubbery or hedges or other similar landscaping is used in lieu of a fence, it shall comply with the setback requirements as are provided for fences, and shall be planted so as not to overhang on any adjacent property or obstruct vehicular view on streets or create a safety hazard.
(f) No person shall erect, install or maintain any electrically-charged fence or barbed wire fencing, except that the Building Official may issue a permit for an electrically-charged fence or barbed wire fencing to retain animals, upon proof that the fence will not be hazardous to life.
(g) No fence shall be erected or permitted which unduly interferes with the migration of wildlife.
(h) The height limitations set forth in this section shall not apply to front gate, entryway or driveway structures, provided, however, that such structures may not be constructed until the proposed structure has been reviewed and approved by the Architectural Board of Review, taking into consideration, among other things, the size, shape, architectural character, material, location and overall compatibility with structures on the lot and neighborhood of the proposed structure.
(Ord. 3053. Passed 3-14-00; Ord. 2014-01. Passed 3-11-14; Ord. 2014-03. Passed 4-8-14.)
1163.12 STREET ACCESS; EASEMENTS; OLD STANDARDS.
In a Class U1 District, every dwelling erected shall have access to a street and, if located in the rear of other structures with no immediate street frontage, an easement for access conforming to the requirements of Section 1131.07(h) shall be provided over an unoccupied strip of land, and such reserve strip may not form a part of any yard or lot area required by this Zoning Code.
(Ord. 3053. Passed 3-14-00.)
1163.13 WIDTH OF LOTS IN RESIDENCE DISTRICTS; OLD STANDARDS.
(a) In a Class U1-A1 District, no dwelling shall be erected on a lot having a width at the building line of less than 150 feet and an average width of less than 200 feet, unless such lot was separately owned on December 31, 1951, or unless such lot is a numbered lot in a subdivision that was on record in the office of the County Recorder on December 31, 1951.
(b) In a Class U1-A2 District, no dwelling shall be erected on a lot having a width at the building line of less than 110 feet and an average width of less than 150 feet.
(c) In a Class U1-A3 District, no dwelling shall be erected on a lot having a width at the building line of less than fifty feet and an average width of less than seventy-five feet.
(d) In a Class U1-A4 District, no dwelling shall be erected on a lot having a width at the building line of less than fifty feet and an average width of less than fifty feet.
(Ord. 3053. Passed 3-14-00.)
1163.14 SIDE YARDS IN RESIDENCE DISTRICTS; OLD STANDARDS.
(a) In a Class U1 District, for every dwelling erected there shall be a side yard along each lot line other than a front line or rear line. Each single-family dwelling shall be deemed a separate structure and shall have side yards as above prescribed.
(b) In a Class U1-A1 or U1-A2 District, the least dimension of a side yard shall be twenty- five feet, and at least forty percent of the average width of the lot, as measured between the front line and the rear line of the main structure, shall be devoted to side yards.
(c) In a Class U1-A3 or U1-A4 District, the least dimension of a side yard shall be fifteen feet, and at least forty percent of the average width of the lot, as measured between the front line and rear line of the main structure, shall be devoted to side yards. (Ord. 3053. Passed 3-14-00.)
1163.15 REAR YARDS IN RESIDENCE DISTRICTS; OLD STANDARDS.
In a Class U1 District, every structure shall have a rear yard. The least dimension of such rear yard shall be twenty percent of the depth of the lot, but such least dimension need not be less than forty feet, provided that such least dimension shall in no case be less than the height of the structure. On a corner lot, the rear line of which is identical with the side line of an interior lot, no accessory structure, if detached from the main structure, shall be erected within twenty-five feet of any street line or rear lot line. (Ord. 3053. Passed 3-14-00.)
1163.16 SIDE AND REAR YARDS IN BUSINESS DISTRICTS; OLD STANDARDS.
In a Class U2 District, where the side line of the lot adjoins a Class U1 District, no structure, unless located fifty feet or more back from the street line, shall be erected within ten feet of such adjoining Class U1 District. In a Class U2 District, where the rear line of the lot adjoins a Class U1 District, every structure erected shall have a rear yard. The least dimension of such yard shall be at least twenty percent of the depth of the lot, but such least dimension need not be more than forty feet, provided such least dimension shall in no case be less than one-half of the height of the structure. On a corner lot, no accessory structure, if detached from the main structure, shall be erected within twenty-five feet of the street line, and no such accessory structure, unless located fifty feet or more back from the street line, shall be erected within ten feet of the rear lot line. (Ord. 3053. Passed 3-14-00.)
1163.17 SIDE AND REAR YARD PROJECTIONS; OLD STANDARDS.
(a) The area required in a side yard or rear yard shall be open from the established grade, or from the natural grade if higher than the established grade, to the sky, unobstructed except for the ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than four inches. However, within five feet of the street wall, a cornice or unsupported bay window may project not over three feet into such yard, provided that, if the structure is not over two and one-half stories in height, the cornice or unsupported bay window may project not more than two and one-half feet into such yard.
(b) A structure and any accessory structure erected on the same lot shall, for the purpose of side and rear yard requirements, be considered a single structure.
(Ord. 3053. Passed 3-14-00.)
1163.18 BUILDING LINES; OLD STANDARDS.
(a) For the purpose of regulating front yards, for the purpose of further regulating side yards of corner structures, and for the purpose of regulating the alignment of structures near street frontages, building lines, as set forth on the Zone Map which accompanies this Zoning Code and which is hereby declared to be a part hereof, are hereby established. The Map designations and the Map designation rules which accompany such Map are hereby declared to be a part hereof.
(b) Between a building line and the street line, no structure or portion of a structure extending above the established grade may be erected. In a Class U1 District, a one-story unenclosed porch may, however, be constructed between the building line and the street line.
(c) Where a building line is shown on the Zone Map as an existing alignment line, the alignment of the structure existing along such frontage shall determine the building line.
(d) On any street frontage in a district, where no building line is designated on the Zone Map, the location of the building line shall be as follows:
(1) In Class U1-A1 and U1-A2 Districts, on a street frontage on either side of a street between two intersecting streets, but excluding the frontage along the side line of a corner lot, the distance of the building line back from the street line shall be twenty percent of the average or normal depth of the lots having their front lines along such street frontage. Such distance back from the street line need not be more than 100 feet, but in no case shall it be less than 100 feet.
(2) In Class U1-A3 and U1-A4 Districts, on a street frontage on either side of a street between the two intersecting streets, but excluding the frontage along the side line of a corner lot, the distance of the building line back from the street line shall be twenty percent of the average or normal depth of the lots having their front lines along such street frontage, but such distance back from the street line need not be more than fifty feet, but in no case shall it be less than fifty feet.
(3) In a Class U2 District, on a street frontage on either side of a street between two intersecting streets, but excluding the frontage along the side line of a corner lot, the distance back from the centerline of the street shall be at least fifty feet.
(4) In a Class U4 District, along the side line of a corner lot, the distance of the building line back from the street line shall be twenty percent of the average width of such lot, but such distance back from the street line need not be more than forty feet.
(5) In a Class U2 District, along the side line of a corner lot, the distance of the building line back from the centerline of the street shall be twenty percent of the average width of such lot, but such distance back from the centerline of the street need not be more than forty feet.
(6) Certain exceptions, because of unusual land contour conditions, may be specially approved by the Board of Zoning Appeals and Council, and be granted. Where, in any portion of such street, there are lots of markedly less depth than normal, the Planning and Zoning Commission, in defining and applying this building line regulation, may, when in its opinion the general purpose and intent of this section will be better served thereby, divide such street frontage into sections for the
application of the above twenty-percent building line requirement. For the purpose of this subsection, the term "lot" shall include unimproved parcels in separate ownership and unimproved lots or parcels in subdivisions of land.
(7) In Class U1-A1, U1-A2, U1-A3 and U1-A4 Districts, along the side line of a corner lot, the distance of the building setback from the street line of the side street shall be one-half the distance of the applicable front yard setback.
(e) For lots where no building line is designated on the Zone Map or on a recorded plat and which have no immediate street frontage, the Planning and Zoning Commission shall have the authority to designate a lot line as the front line of the lot, which shall be deemed to be the "street line" for the purposes of front yard standards. In making this designation, the Planning Commission shall take into consideration the orientation of existing and proposed buildings on the lot and on surrounding lots.
(Ord. 3053. Passed 3-14-00.)
1163.19 LOT COVERAGE; OLD STANDARDS.
(a) In a Class A1 District, not more than thirty-five percent of the area of a lot may be covered by structures and accessory structures or uses.
(b) In a Class A2 District, not more than forty-five percent of the area of a lot may be covered by structures and accessory structures or uses.
(c) In a Class A3 District, not more than sixty-five percent of the area of a lot may be covered by structures and accessory structures or uses.
(d) In a Class A4 District, not more than seventy-five percent of the area of a lot may be covered by structures and accessory structures or uses.
(Ord. 3053. Passed 3-14-00.)
1163.20 FENCES; OLD STANDARDS.
(a) Subject to the provisions in subpart (b) of this section, fences shall be permitted in rear yards and side yards, not to exceed six feet in height along the rear line and side line of a lot, or parallel thereto and extending in no case beyond the front line of the structure.
(b) Fences shall be permitted in front yards along the front line and the side line of a lot, or parallel thereto, not to exceed four feet in height. In any event, however, chain link fences, vinyl- coated chain link fences and guard rails shall not be permitted in front yards or side yards but shall only be permitted in rear yards. On corner lots, whenever a chain link fence, vinyl-coated chain link fence or guard rail in a rear yard is visible from a public street, landscaping materials shall be in place or planted to completely screen the fence or guard rail from street view year round. Whenever a chain link fence, vinyl-coated chain link fence or guard rail that is located parallel to a public street and is both visible from a public street and within fifty (50) feet or less from the public street, landscaping materials shall be in place or planted to completely screen the fence or guard rail from street view year round.
(Ord. 2022-28. Passed 12-13-22.)
(c) In the event that stockade, board or similar fences having a finished and unfinished side are constructed, the finished side of the fence shall face toward contiguous adjoining properties and the unfinished side shall face towards the lot upon which the fence is constructed.
(d) On corner lots with frontage on two streets, no fences shall be closer than twenty-five feet from either street line at the intersection of such streets.
(e) In the event that shrubbery or hedges or other similar landscaping is used in lieu of a fence, it shall comply with the same height and setback requirements as are provided for fences, and shall be planted in the location so as not to overhang on any adjacent property.
(f) No person shall erect, install or maintain any electrically-charged fence or barbed wire fencing, except that the Building Official may issue a permit for an electrically-charged fence or barbed wire fencing to retain animals, upon proof that the fence will not be hazardous to life.
(g) No fence shall be erected or permitted which unduly interferes with the migration of wildlife.
(Ord. 3053. Passed 3-14-00; Ord. 2014-08. Passed 4-8-14.)
1165.01 PURPOSE AND INTENT.
(a) This chapter is intended to preserve and protect the nighttime lighting environment for residents and to maintain the established rural Village atmosphere of the community by regulating the installation and use of all exterior illumination to prevent glare from bright light sources, light trespass (unwanted light or glare on neighboring properties) and light pollution (wasted light directed into the sky which results in sky glow and the loss of the natural beauty and visibility of the sky and stars).
(b) This chapter is intended to regulate exterior illumination to ensure it is functional, glare-free, energy efficient and safe. Property owners and designers of exterior lighting on properties in the Village are to consider the impacts of their proposed exterior lighting on the purposes of this chapter set forth in subpart (a) above and to minimize the impacts in the design phase.
(c) The specific goals are to:
(1) Preserve the nighttime rural village atmosphere of the community;
(2) Prevent glaring and offensive lighting;
(3) Conserve energy and encourage the use of efficient lighting technology;
(4) Promote safety;
(5) Prevent light pollution;
(6) Provide clear guidance to builders, designers, and residents; and
(7) Minimize environmental impacts on light sensitive flora and fauna.
(Ord. 2016-23. Passed 10-10-16.)
1165.02 DEFINITIONS.
For purposes of this chapter, the following terms shall have the meaning herein indicated:
(a) AIMING ANGLE: when applied to exterior lighting, this term is correctly used only with directional lighting systems. In this case, the aiming angle is the angle between the center of the object or area being lighted and the point on the ground directly beneath the luminaire.
(b) EXTERIOR LIGHTING SYSTEM: the installation of lamps, luminaires, electrical wiring, controls and mounting hardware (poles or brackets) designed to illuminate outdoor areas, landscape or buildings.
(c) FLOODLIGHT: a type of directional luminaire or lamp which may be adjusted on site to project and direct light out and away from the mounting location. Floodlights are typically designed to illuminate relatively large areas.
(d) FLUORESCENT LIGHT SOURCE: a low pressure gas discharge lamp in the form of a bulb or tube which utilizes a phosphor as the light-emitting element.
(e) FOOTCANDLE: a unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
(f) FULL CUT-OFF FIXTURE: a type of fixed directional outdoor luminaire which emits no light above a horizontal plane through the optical center of the luminaire or, alternatively, above an angle of 90 degrees where zero degrees is the aim point on the ground directly beneath the luminaire.
(g) FULLY SHIELDED FIXTURE: a luminaire equipped with opaque hoods, louvers or visors so as to completely block the light from going in other than a specified direction.
(h) GLARE: the visual sensation produced by brightness in the field of view that is sufficiently greater than the light level to which the eyes are adapted so as to cause annoyance, discomfort or loss of visibility.
(i) HALOGEN LIGHT SOURCE: an incandescent lamp with halogen gas filling typically designed to increase energy efficiency and lengthen lamp life compared to standard incandescent lamps.
(j) HID LIGHT SOURCE: a lamp which utilizes a small gas arc discharge or “high intensity discharge” as the light emitter. Examples of HID light sources are mercury, metal halide and high pressure sodium lamps.
(k) ILLUMINANCE: the quantity of light arising at a surface divided by the area of that surface, measured in footcandles.
(l) INCANDESCENT LIGHT SOURCE: a lamp containing a tungsten wire filament heated to a high temperature as the light-emitting element.
(m) LAMP: a bulb, globe, tube or capsule, usually formed out of glass, containing an electrical and physical assembly of materials designed to convert electricity into light.
(n) LANDSCAPE LIGHTING: lighting installed and arranged to primarily illuminate “softscape” such as bushes, trees, vines, shrubs and flowers or “hardscape” such as terraces, fences, bridges, walls (non-building), sculptures, water features, ornaments, and formed earth shapes. Landscape lighting may be automatically or manually switched provided that the operating period extends only from dusk to midnight.
(o) LIGHT POLLUTION: wasted light directed into the sky which may result in or contribute to sky glow and the loss of the natural beauty and visibility of the sky and stars.
(p) LIGHT SOURCE: the light emitting portion (filament, arc tube or element) of a lamp.
(q) LIGHT TRESPASS: outdoor lighting which emits unwanted light or glare beyond the boundaries of the property on which the light source is located.
(r) LUMEN: the unit measure of light flux or light output from lamps and luminaires.
(s) LUMINAIRE: a complete lighting unit typically consisting of all electrical and mechanical parts necessary for operation including a lamp, ballast (in the case of discharge lamps), optical assembly and enclosure.
(t) LUMINAIRE MOUNTING HEIGHT: the vertical distance between the ground and the optical center of the luminaire in an outdoor lighting system.
(u) OPTICAL CENTER OF LUMINAIRE: the point inside of a luminaire at the middle of the light emitting area of the light source.
(v) RECESSED CEILING FIXTURE: an outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture, including the lens, does not extend below the ceiling or canopy.
(w) RECREATIONAL LIGHTING: lighting of ball fields, courts, pools, playgrounds, and/or other sports, play or recreational areas other than those accessory to single family residences.
(x) UPLIGHTING: any light source that distributes illumination above a 90 degree horizontal plane.
(Ord. 2016-23. Passed 10-10-16.)
1165.03 APPLICABILITY, NON-CONFORMING LIGHTING AND COMPLIANCE.
(a) New Construction. All construction initiated after the effective date of this chapter must meet the requirements set forth in this chapter and shall be reviewed for compliance with the provisions of this chapter by the Building Official. Supporting documentation may be required which specifies lamp wattage, luminaire description, mounting height and arrangement, shielding and placement details. A “Full Lighting Plan” shall be required as specified in Section 1165.04(a) and shall be provided to the Building Official as part of the permitting process.
(b) Existing Exterior Lighting. Existing exterior lighting that does not conform to the requirements of this chapter shall be brought into compliance as part of any addition to, modification of, and/or replacement of such lighting, except as provided in subsection (c) of this section.
(c) Permits. The Building Official may issue permits for minor replacements or extensions of exterior lighting systems without requiring a Full Lighting Plan and evidence of conformance with this chapter provided that:
(1) The residential lighting system was in existence prior to the effective date of this chapter;
(2) The total initial lumen rating of the proposed improvement does not exceed 2,500 lumens; and
(3) Not more than one such permit shall be issued per residential property during any consecutive 365-day period of time.
(d) Lighting Nuisance. Any exterior lighting which does not comply with this chapter is declared to be a public nuisance. Upon receipt of a lighting complaint, the Building Official shall investigate to determine compliance. If lighting is found to be in violation of this chapter, the Building Official shall proceed as set forth in Section 1165.09.
(Ord. 2016-23. Passed 10-10-16.)
1165.04 GENERAL REQUIREMENTS.
(a) Lighting Plans. Full Lighting Plans shall be required prior to installation of any Exterior lighting improvements or fixtures. Full Lighting Plans shall contain all of the following:
(1) The location and height above grade of the luminaires;
(2) The wattage and type of each light source such as incandescent, fluorescent, metal halide, etc.;
(3) The general type and appearance of each luminaire such as lantern, globe, floodlight, full cut-off area luminaire, wall pack, downlight, etc.;
(4) Calculated or manufacturer-rated numerical values of total light output (lumens) of the luminaire or luminaires and the light output above a horizontal plane through the optical center of the luminaire if the light output per lamp is greater than allowed by this chapter; and
(5) Building walls which are to be illuminated by wall-mounted or facade- mounted luminaires shall be in conformance with Section 1165.04(c) including relevant building elevations showing the location of the luminaires, their aiming direction and aiming angle, if directional, the portions of the building walls to be illuminated, and their color.
(b) Light Trespass. An exterior system is considered to produce excessive light trespass when the lighting source or sources (the light emitting portion of the lamp) is:
(1) Visible from normal viewing positions on an adjacent property and the maximum light output per lamp is greater than allowed by Section 1165.05; and/or
(2) The total light trespass over a property line shall be limited to no more than 0.5 footcandle at the property line. All on-site lighting of buildings, landscaping, and parking areas shall be designed so as not to shine onto any adjacent property or building, or to cause glare that projects onto any public street or into any vehicle thereon.
(c) Measurement. All light levels shall be measured in footcandles with a direct- reading, portable light meter. Readings shall be taken only after the unit 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 feet above the ground.
(d) Light Pollution. An exterior lighting system is considered to contribute excessively to light pollution when light is emitted above a horizontal plane through the optical center of the luminaire and if the maximum light output per lamp is greater than allowed by Section 1165.05.
(e) Glare. An exterior lighting system is considered to produce glare when the light source inside the luminaire is visible as seen from normal viewing positions whether or not the light from the source is diffused or refracted by lens optics, and the light output per lamp is greater than allowed by Section 1165.05.
(f) Lighting Controls. To minimize the amount of light trespass, light pollution, excess lighting and energy use at night, unnecessary lighting shall be switched off. The use of photocell or photocell/timer switches which allow lighting to operate all night is prohibited. Motion sensor switches which turn lights on only when activated by motion shall be permitted but only for a set period of time not to exceed three (3) minutes after the motion ceases.
(Ord. 2016-23. Passed 10-10-16.)
1165.05 RESIDENTIAL LIGHTING.
The following lighting standards shall apply to all residential properties.
(a) The total light output of all exterior lighting shall not exceed 75,000 lumens for any residential property, provided, however, that the total aggregate light output of all exterior lighting in any Conservation Cluster Development shall not exceed a maximum of 37,500 lumens per dwelling unit. Total lumens shall be calculated by adding the manufacturers initial lumen rating for each lamp type to obtain a total lumen value. The Planning and Zoning Commission may authorize additional illumination as provided in Section 1165.08(c) hereof for lots or parcels, other than Conservation Developments, which are in excess of ten (10) acres, provided that in no instance where such special exception is granted shall the amount of light output exceed 1.0 lumen per square foot of the total illuminated area as determined by the Commission.
(c) Wall or Facade-Mounted Lighting. All wall-mounted fixtures and/or facade- mounted luminaires shall be solely for illuminating entrances and walkways and shall not be used or designed for building architectural illumination.
(d) Area Lighting. Floodlights and spotlights may be permitted for the purposes of illuminating sport courts or other permitted uses or activities in compliance with the following:
(1) Luminaires shall be mounted at thirty (30) feet or less measured from the optical center of the luminaire to the grade directly beneath the luminaire.
(2) Lamp wattage is limited to ninety (90) watts of incandescent or halogen incandescent reflector type lamps or equivalent per socket and no more than three (3) sockets per mounting location.
(3) The lighting shall be designed and operated to provide the minimum and no more than 1.5 times the minimum maintained illumination values recommended for the application by the Illuminating Engineering Society of North America as expressed in the IESNA Lighting Handbook (latest edition) or current Recommended Practices for the application.
(4) All recreational lighting shall not be operated past 10:00 p.m. Sunday through Friday or past 11:00 p.m. Saturday.
(e) House Numbers, Identification Signs. House numbers, identification signs, and entrance gates may be illuminated internally or externally, provided that the lamp wattage is limited to thirty (30) watts of incandescent or the equivalent light output using other types of light sources.
(Ord. 2016-23. Passed 10-10-16.)
1165.06 NON-RESIDENTIAL LIGHTING.
Non-residential lighting includes exterior lighting installed on institutional, commercial and industrial properties for area lighting, safety lighting, entranceways, walkways, service areas, driveways, parking areas and recreation. Non-residential lighting shall comply with the following criteria:
(a) The total output of all exterior lighting shall not exceed 1.5 lumens per square foot of area to be illuminated as determined by the Building Official.
(b) Pole heights shall be limited to thirty (30) feet maximum including any base structures; and
(c) Only full cut-off or fully-shielded luminaires shall be permitted.
(Ord. 2016-23. Passed 10-10-16.)
1165.07 PROHIBITED LIGHTING.
This section identifies lighting applications which cause glare, decrease visibility, produce unattractive lighting environments or excessive light trespass or light pollution. These applications are prohibited:
(a) Roof Lights. Luminaires shall not be mounted to the tops of any building roofs;
(b) Unshielded Light Sources. This type of lighting is prohibited except as described in Section 1165.05(d)(1);
(c) Building Illumination. The floodlighting of buildings utilizing luminaires designed, installed and aimed for such purpose is prohibited;
(d) Changing Lights. Lights which flash, move, blink, flicker, vary in intensity or change color are prohibited from being installed on buildings or grounds except as provided in Section 1165.08(a);
(e) Types of Lamps. Mercury and low pressure sodium (LPS) discharge lamps are prohibited because of their poor color qualities; and
(f) Architectural Lighting. Linear lighting such as “rope” lighting or high-voltage (neon) tubing is prohibited. Facade lighting designed primarily to attract attention or which is used as a means of identification or advertising is prohibited.
(Ord. 2016-23. Passed 10-10-16.)
1165.08 EXEMPTIONS.
(a) Holiday Lighting. Holiday lighting with bulbs less than twenty-five (25) watts, are temporary, and which are illuminated only for one period not exceeding forty-five (45) consecutive days during each 365-day period.
(b) Emergency Lighting. Temporary construction or emergency lighting is exempt from the requirements of this chapter provided such lighting is discontinued immediately upon the completion of the construction work or abatement of the emergency necessitating said lighting.
(c) Municipal Lighting. Lighting which is installed for reasons of public health, safety, and welfare by the municipality are exempt. All existing exterior lighting systems legally installed prior to the effective date of this chapter are exempt from the requirements thereof. When existing lighting systems become inoperative for a period of ninety (90) consecutive days or more, their replacements are subject to the provisions of this chapter.
(d) The Planning and Zoning Commission may authorize specific exemptions when the Commission determines that there will be no adverse impacts resulting from the lighting and such lighting is consistent with the spirit and intent of this chapter.
(Ord. 2016-23. Passed 10-10-16.)
1165.09 ENFORCEMENT.
(a) Violation. The Building Official shall promptly examine or cause to be examined every alleged violation of this chapter and, if such violation exists, shall immediately give written notice of such violation, directing the owner, lessee, tenant or person responsible for such violation to make such changes, alterations or repairs as shall satisfy the requirements of this chapter. If necessary to secure compliance, the Building Official may further cause the prosecution of the person or persons responsible for such violation.
(b) Appeals. Within ten (10) days of receipt of a Notice of Violation from the Building Official, the owner, tenant, lessee or person responsible may file a Notice of Appeal of such determination with the Building Official. Upon receipt of such Notice of Appeal, the Building Official shall refer the matter to the Planning and Zoning Commission which shall hear the matter within sixty (60) days of receipt of such appeal by the Building Official. The Planning and Zoning Commission shall have the authority to affirm, modify or reverse the determination of the Building Official regarding the existence of violations. The decision of the Commission shall be final.
(c) Penalty. Any person, firm, entity or corporation, including, but not limited to the owner of the property, his or her agents, and assigns, occupants, property manager, and any contractor or subcontractor, who violates or fails to comply with any provision of this chapter is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 2016-23. Passed 10-10-16.)
1167.01 DEFINITIONS.
As used in this chapter:
(a) “Sign” means any identification, description, illustration or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot, and which is intended to direct or attract attention to, or announce or promote a product, place, activity, person, idea, institution or business by means of letters, words, designs, colors, symbols, banners, fixtures, images or illustrations. “Sign” shall not include religious and other holiday lights and decorations containing no commercial message.
(b) “Sign structure” means the sign face and all members necessary to support the sign face, or in the case of a two-sided sign, both sign faces.
(Ord. 2704. Passed 8-13-96; Ord. 2001-7. Passed 3-13-01; Ord. 2002-8. Passed 4-9-02.)
1167.02 PERMITTED SIGNS IN RESIDENTIAL ZONING DISTRICTS.
(a) On a property located in a residential zoning district, only the following signs are permitted:
(1) One nameplate with an area not to exceed two square feet per dwelling unit identifying the property, the name and/or address of the person(s) occupying the dwelling unit, except that if the property has more than one entrance, there may be one nameplate for each entrance.
(2) Signs with an area not to exceed one square foot containing a brief statement directly related to the physical safety and security of the premises, its occupants or visitors thereon; examples of such statement being: “beware of dog,” “protected by electronic security system” and “block watch.” Such signs may identify a particular security system by name and/or logo for the purpose of deterrence of potential intruders and to inform safety forces and emergency medical personnel of a contact for important information related to the premises or its occupant(s).
(3) Signs with an area not to exceed six square feet per side to promote a political, personal other non-commercial message, or the sale or rent of real estate. A two-sided sign shall have parallel faces not greater than six inches apart. All signs related to an event , as “event” is defined in this Section, may be displayed for no more than thirty days prior to the event and must be removed within seven days following the event. Signs announcing the sale or rent of real estate shall be removed within seven days of the transfer of title to the real estate or the effective date of a lease for rental of real estate. Residential contractors performing work at a premises, such as roofers, painters, landscapers, carpenters and the like, shall only display a temporary sign during the time that work is being performed by the contractor at that premises.
(b) No sign permitted by this Section shall be illuminated in any manner or contain any blinking or flashing lights or any moving parts whatsoever, including any movement powered by the wind or any other source.
(c) For purposes of calculating the area of a sign, such area shall include any framing, outlining, or background area of a sign face.
(d) No sign shall be placed above the roof line of the main building on the premises. Where no building is on the lot, the top of the sign shall not be erected at a height greater than four feet from the ground to the top of the sign structure.
(e) No sign erected under this Section 1167.02(a)(3) shall be erected closer than nine feet from the edge of the public roadway pavement line or closer than fifteen feet from any other property line.
(f) All signs placed on residential zoning lots shall be of substantial construction so as to withstand weather conditions such as rain, snow, wind, freezing and thawing, without deterioration of the sign or structure and shall be removed or replaced if the sign becomes tattered, torn, faded, or dislodged, or is otherwise in an unsightly condition.
(g) No sign may be mounted on any tree and shall not be mounted on any utility pole in the public right-of-way.
(h) The term “event” used in this Chapter shall not include elections or the sale or rent of real property.
(i) The term “political signs” shall include signs advocating support of or opposition to a candidate or issue or the expression of opinion or a cause of a non-commercial nature.
(Ord. 2704. Passed 8-13-96; Ord. 2001-7. Passed 3-13-01; Ord. 2002-8. Passed 4-9-02; Ord. 2020-28. Passed 9-8-20.)
1167.03 PERMITTED SIGNS IN COMMERCIAL DISTRICT.
On property located in the Class U-3 Commercial District, only the following signs are permitted:
(Ord. 2704. Passed 8-13-96; Ord. 2001-7. Passed 3-13-01; Ord. 2002-8. Passed 4-9-02; Ord. 2014-01. Passed 3-11-14; Ord. 2020-28. Passed 9-8-20.)
1167.04 PERMIT REQUIRED.
(Ord. 2704. Passed 8-13-96; Ord. 2001-7. Passed 3-13-01; Ord. 2002-28. Passed 4-9-02; Ord. 2020-28. Passed 9-8-20.)
1167.05 APPLICATION FOR PERMIT.
In any commercial district, plans for a proposed sign shall be submitted along with architectural drawings to the Architectural District Board.
(Ord. 2704. Passed 8-13-96; Ord. 2001-7. Passed 3-13-01; Ord. 2002-8. Passed 4-9-02; Ord. 2020-28 Passed 9-8-20.)
1167.06 PERMIT FEES; DEPOSITS.
The fee for the permit required by Section 1167.04 is $50.00.
(Ord. 2704. Passed 8-13-96; Ord. 2001-7. Passed 3-13-01; Ord. 2002-8. Passed 4-9-02; Ord. 2020-28. Passed 9-8-20.)
1167.07 EXEMPTION.
Signs promoting Village events and sponsored by the Village, or one of its recognized organizations, are exempt from the requirements of this chapter, provided the signs are posted on Village signboards located within the Village.
(Ord. 2704. Passed 8-13-96; Ord. 2001-7. Passed 3-13-01; Ord. 2002-8. Passed 4-9-02.)
1167.99 PENALTY.
Any and all violations of the provisions of this chapter shall be governed by the penalties set forth in Section 1153.99 of the Planning and Zoning Code.
(Ord. 2001-7. Passed 3-13-01; Ord. 2002-8. Passed 4-9-02.)